A co-original approach towards law-making in the internet age

There is an increasing interest in incorporating significant citizen participation into the law-making process by developing the use of the internet in the public sphere. However, no well-accepted e-participation model has prevailed. This article points out that, to be successful, we need critical reflection of legal theory and we also need further institutional construction based on the theoretical reflection. Contemporary dominant legal theories demonstrate too strong an internal legal point of view to empower the informal, social normative development on the internet. Regardless of whether we see the law as a body of rules or principles, the social aspect is always part of people’s background and attracts little attention. In this article, it is advocated that the procedural legal paradigm advanced by Jürgen Habermas represents an important breakthrough in this regard. Further, Habermas’s co-originality thesis reveals a neglected internal relationship between public autonomy and private autonomy. I believe the co-originality theory provides the essential basis on which a connecting infrastructure between the legal and the social could be developed. In terms of the development of the internet to include the public sphere, co-originality can also help us direct the emphasis on the formation of public opinion away from the national legislative level towards the local level; that is, the network of governance.1 This article is divided into two sections. The focus of Part One is to reconstruct the co-originality thesis (section 2, 3). This paper uses the application of discourse in the adjudication theory of Habermas as an example. It argues that Habermas would be more coherent, in terms of his insistence on real communication in his discourse theory, if he allowed his judges to initiate improved interaction with the society. This change is essential if the internal connection between public autonomy and private autonomy in the sense of court adjudication is to be truly enabled. In order to demonstrate such improved co-original relationships, the empowering character of the state-made law is instrumental in initiating the mobilization of legal intermediaries, both individual and institutional. A mutually enhanced relationship is thus formed; between the formal, official organization and its governance counterpart aided by its associated ‘local’ public sphere. Referring to Susan Sturm, the Harris v Forklift Systems Inc. (1930) decision of the Supreme Court of the United States in the field of sexual harassment is used as an example. Using only one institutional example to illustrate how the co-originality thesis can be improved is not sufficient to rebuild the thesis but this is as much as can be achieved in this article. In Part Two, the paper examines, still at the institutional level, how Sturm develops an overlooked sense of impartiality, especially in the derivation of social norms; i.e. multi-partiality instead of neutral detachment (section 4). These two ideas should be combined as the criterion for impartiality to evaluate the legitimacy of the joint decision-making processes of both the formal official organization and ‘local’ public sphere. Sturm’s emphasis on the deployment of intermediaries, both institutional and individual, can also enlighten the discourse theory. Intermediaries are essential for connecting the disassociated social networks, especially when a breakdown of communication occurs due to a lack of data, information, knowledge, or disparity of value orientation, all of which can affect social networks. If intermediaries are used, further communication will not be blocked as a result of the lack of critical data, information, knowledge or misunderstandings due to disparity of value orientation or other causes. The institutional impact of the newly constructed co-originality thesis is also discussed in Part Two. Landwehr’s work on institutional design and assessment for deliberative interaction is first discussed. This article concludes with an indication of how the ‘local’ public sphere, through e-rulemaking or online dispute resolution, for example, can be constructed in light of the discussion of this article

Possibilistic Information Flow Control for Workflow Management Systems

In workflows and business processes, there are often security requirements on both the data, i.e. confidentiality and integrity, and the process, e.g. separation of duty. Graphical notations exist for specifying both workflows and associated security requirements. We present an approach for formally verifying that a workflow satisfies such security requirements. For this purpose, we define the semantics of a workflow as a state-event system and formalise security properties in a trace-based way, i.e. on an abstract level without depending on details of enforcement mechanisms such as Role-Based Access Control (RBAC). This formal model then allows us to build upon well-known verification techniques for information flow control. We describe how a compositional verification methodology for possibilistic information flow can be adapted to verify that a specification of a distributed workflow management system satisfies security requirements on both data and processes.Comment: In Proceedings GraMSec 2014, arXiv:1404.163

Rapid Assessment of Vietnam\u27s Labor Inspection System

[Excerpt] In July 2010, a team from the U.S. Department of Labor (USDOL) visited Vietnam to conduct an assessment of the Ministry of Labor, War Invalids & Social Affairs’ (MOLISA) labor inspection system. This effort was requested by the SIIR project (funded by USAID) as part of its aim of identifying MOLISA’s needs and providing assistance, per MOLISA’s request. The Assessment focuses on: 1) assessing facts related to the labor inspection system; and 2) providing initial recommendations for improving the system. Part I discusses MOLISA’s history, legal and regulatory framework, structure and organization, Department of Labor Inspections (including workforce, forms and data collection, and IPZ). Part II discusses issues and presents recommendations related to data collection, labor inspector training, inspectorate staffing levels, educational outreach, research and networking, systems of continuous improvement, and coordination with international and private buyers

The eMERGE Network: A consortium of biorepositories linked to electronic medical records data for conducting genomic studies

<p>Abstract</p> <p>Introduction</p> <p>The eMERGE (electronic MEdical Records and GEnomics) Network is an NHGRI-supported consortium of five institutions to explore the utility of DNA repositories coupled to Electronic Medical Record (EMR) systems for advancing discovery in genome science. eMERGE also includes a special emphasis on the ethical, legal and social issues related to these endeavors.</p> <p>Organization</p> <p>The five sites are supported by an Administrative Coordinating Center. Setting of network goals is initiated by working groups: (1) Genomics, (2) Informatics, and (3) Consent & Community Consultation, which also includes active participation by investigators outside the eMERGE funded sites, and (4) Return of Results Oversight Committee. The Steering Committee, comprised of site PIs and representatives and NHGRI staff, meet three times per year, once per year with the External Scientific Panel.</p> <p>Current progress</p> <p>The primary site-specific phenotypes for which samples have undergone genome-wide association study (GWAS) genotyping are cataract and HDL, dementia, electrocardiographic QRS duration, peripheral arterial disease, and type 2 diabetes. A GWAS is also being undertaken for resistant hypertension in ≈2,000 additional samples identified across the network sites, to be added to data available for samples already genotyped. Funded by ARRA supplements, secondary phenotypes have been added at all sites to leverage the genotyping data, and hypothyroidism is being analyzed as a cross-network phenotype. Results are being posted in dbGaP. Other key eMERGE activities include evaluation of the issues associated with cross-site deployment of common algorithms to identify cases and controls in EMRs, data privacy of genomic and clinically-derived data, developing approaches for large-scale meta-analysis of GWAS data across five sites, and a community consultation and consent initiative at each site.</p> <p>Future activities</p> <p>Plans are underway to expand the network in diversity of populations and incorporation of GWAS findings into clinical care.</p> <p>Summary</p> <p>By combining advanced clinical informatics, genome science, and community consultation, eMERGE represents a first step in the development of data-driven approaches to incorporate genomic information into routine healthcare delivery.</p

A New Taxonomy of Economic sectors With a View to Policy Implications

This paper is an attempt to tease out a taxonomy of economic sectors based on a systems approach to innovation and economic growth that may be useful for policy analysis. The taxonomy explored here revolves around novel products rather than ethereal knowledge-producing entities. This insight goes back to Allyn Young (1928) and Joseph Schumpeter (1934) who argued that the introduction of new goods was the engine of economic growth. More precisely, our taxonomy of sectors focuses on novel products which are efficiency-enhancing within and between sectors through the market mechanism. The scheme revolves around the relationship between 'Enabling' and 'Recipient' sectors (which gives the taxonomy its name: ER), and offers a lens for viewing and interpreting a substantive part of the mechanics of modern economic growth. The last part of the paper briefly discusses a few immediate policy implications, although it has the potential for greater use and value in this regard.innovation, economic growth, enabling linkages approach, knowledge-based economies, novel products, efficiency-enhancing innovations

“Bridging” Engineering & Art: An Outreach Approach For Middle And High School Students

In this paper describes a novel outreach approach to high school and middle school students to familiarize them with engineering functions and methods. In this approach students participated in a seven-day summer research camp and learned many engineering skills and tools such as CAD solid modeling, finite element analysis, rapid prototyping, mechanical tests, team working, and communication skills under a project-based bridge design research project. The project choice was intended to integrate principles of artistic design, creative use of public spaces, as well as principles of engineering design. End of the program survey results showed a good understanding about the engineering skills and functions and a high degree of satisfaction among participants.