4,979 research outputs found

    The Adversarial Myth: Appellate Court Extra-Record Factfinding

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    The United States\u27 commitment to adversarial justice is a defining feature of its legal system. Standing doctrine, for example, is supposed to ensure that courts can rely on adverse parties to present the facts courts need to resolve disputes. Although the U.S. legal system generally lives up to this adversarial ideal, it sometimes does not. Appellate courts often look outside the record the parties developed before the trial court, turning instead to their own independent research and to factual claims in amicus briefs. This deviation from the adversarial process is an important respect in which the nation\u27s adversarial commitment is more myth than reality. This myth is problematic for many reasons, including the fact that it obscures the extent to which some of the most significant cases the Supreme Court decides, such as Citizens United v. FEC, rely upon facts that have not been subjected to rigorous adversarial testing. The adversarial myth exists because the U.S. legal system\u27s current procedures were designed to address adjudicative facts-facts particularly within the legislative facts-more general facts about the state of the world. Recognizing knowledge of the parties-but many cases turn instead on this distinction between adjudicative and legislative facts helps identify those cases in which existing practices undermine, rather than promote, adversarial justice. This Article concludes with suggestions for reform, including liberalizing standing doctrine when legislative facts are at issue. If courts are going to turn to nonparties for help in resolving disputes of legislative fact, it is better that they be brought into the process earlier so the factual claims they offer can be rigorously tested

    Defending Executive Nondefense and the Principal-Agent Problem

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    Government support for monotowns in the Republic of Kazakhstan

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    The objectives of the study are to identify the role of single-industry towns (also known as “monotowns”) in the economic development of the Republic of Kazakhstan, to determine the specific features of monotowns and to assess the effectiveness of government program documents aimed at supporting these entities. A number of research methods were used, including logical, systematic, structural-functional, comparative analysis, statistical and index methods, economic forecasting and sociological surveys. Using these methods in combination allowed the researcher to consider the phenomena and processes, the dynamics and development, thus providing evidence as to the reliability of the conclusions obtained. As a result of this study, distinctive features of the socio-economic development of monotowns in the Republic of Kazakhstan were revealed. In addition, an evaluation was made of the main program documents aimed at supporting the development of monotowns; and the factors affecting their further development were identified. Proposals have been made in this study with regard to best ways in which to improve the monotown management systems both in terms of improving the program documents and in developing new evaluation tools. The principal novel feature of this study is the identification of the main trends in the development of monotowns in the Republic of Kazakhstan. These trends reveal that, although monotowns do play an important role in the economy of the country, they also tend to develop in extremely uneven and inconsistent ways and are characterized by having weak economic diversification and a strong dependence on the town-forming enterprises, with these enterprises mainly being mining companies. The recommendations in this study are based on the need to improve both the administrative and economic methods used for the state regulation of monotowns. During this study, the feasibility of making adjustments in the current development programs aimed at supporting monotowns and the consistency of development programs were considered.The empirical basis of the analysis was the results of studies conducted in the framework of the R&D work “Development of theoretical and methodological fundamentals of corporate governance of regional technical higher school in the conditions of industrialinnovative development of Kazakhstan”, performed under grant funding of the Ministry of Education and Science of the Republic of Kazakhstan (grant number: 1274/GF4)

    System of systems engineering governance framework for digital transformation: A case study of an Australian large government agency

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    Current swift technological advances are significantly impacting how organizations operate and services are provided. Even with the multiple benefits for organizations that undergo digital transformation, the majority of transformation initiatives fail due to the challenges that arise. A primary reason for these failures links back to the lack of effective governance framework to support effective digital transformation efforts. This paper proposes such a framework through a system of systems engineering approach to understand the various constituent systems involved in digital transformation efforts and their interactive and emergent behaviors. The application and usefulness of the framework were demonstrated as part of a digital transformation initiative in an Australian Large Government Agency and documented as a case study

    Un\u2019eco del terremoto del 1456 nell\u2019Appennino centro-meridionale sui confini della Slavia orientale. L\u2019epistola di Teofil Dederkin al Gran Principe di Moscovia Basilio II

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    The paper examines one of the earliest translations of texts belonging to the Latino-Romance-Germanic cultures in the Ruthenian lands in the second half of the fifteenth century, namely the so called Poslanie Feofila Dederkina (\u201cTheofil Dederkin\u2019s epistle\u201d). The paper points out the importance of this translation in the Ruthenian cultural and confessional background and then tries to identify the translated toponyms of towns, villages, places involved in the earthquake that struck Italy in the year 1456

    Smart city technologies: new barriers to investment or a method for solving the economic problems of municipalities?

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    The purpose of the study is to determine the degree of readiness of urban municipal entities of the Russian Federation for the implementation of Smart City technology. The author proposes a methodology for determining the level of preparedness of cities for the introduction of Smart City technologies, selecting those municipal projects (Smart-projects) most relevant to the present level of readiness and identifying the main barriers to their implementation. The study used structural and graphical analysis methods, overall assessment and ratings as well as the group method of data handling (GMDH). The study yielded the following conclusions: The majority of cities comprising administrative centres of the Subjects of the Russian Federation are not ready for the implementation of Smart City technologies. The main problems hindering the implementation of Smart Technologies are the municipalities’ low energy efficiency and high dependence on borrowed capital. The methodology proposed by the author for assessing the readiness of municipalities for the implementation of Smart City technologies will quickly and optimally identify metropolitan areas suitable for the implementation of Smart-technologies. The field of application of the obtained results is sufficiently extensive. These results will be of interest to practitioners, representatives of state and local authorities, as well as for researchers in the fields of urban economics and urban studies. The main direction for future research consists in the provision of an underlying rationale for problem solving through launching Smart-projects in depressed and economically stagnating municipalities
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