453 research outputs found

    Cost Effectiveness in River Management: Evaluation of Integrated River Policy System in Tidal Ouse

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    The River Ouse forms a significant part of Humber river system, which drains about one fifth the land area of England and provides the largest fresh water source to the North Sea from UK. The river quality in the tidal river suffered from sag of dissolved oxygen (DO) during last few decades, deteriorated by the effluent discharges. The Environment Agency (EA) proposed to increase the water quality of Ouse by implementing more potent environmental policies. This paper explores the cost effectiveness of water management in the Tidal Ouse through various options by taking into account the variation of assimilative capacity of river water, both in static and dynamic scope of time. Reduction in both effluent discharges and water abstraction were considered along side with choice of effluent discharge location. Different instruments of environmental policy, the emission tax-subsidy (ETS) scheme and tradable pollution permits (TPP) systems were compared with the direct quantitative control approach. This paper at the last illustrated an empirical example to reach a particular water quality target in the tidal Ouse at the least cost, through a solution of constrained optimisation problem. The results suggested significant improvement in the water quality with less cost than current that will fail the target in low flow year.Water Quality Management, Tradable Pollution Permits, Tax and Subsidy, Effluent Discharge, Water Abstraction, Dynamic Equilibrium, Integrated River Policy, Cost Effectiveness

    Robustness - a challenge also for the 21st century: A review of robustness phenomena in technical, biological and social systems as well as robust approaches in engineering, computer science, operations research and decision aiding

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    Notions on robustness exist in many facets. They come from different disciplines and reflect different worldviews. Consequently, they contradict each other very often, which makes the term less applicable in a general context. Robustness approaches are often limited to specific problems for which they have been developed. This means, notions and definitions might reveal to be wrong if put into another domain of validity, i.e. context. A definition might be correct in a specific context but need not hold in another. Therefore, in order to be able to speak of robustness we need to specify the domain of validity, i.e. system, property and uncertainty of interest. As proofed by Ho et al. in an optimization context with finite and discrete domains, without prior knowledge about the problem there exists no solution what so ever which is more robust than any other. Similar to the results of the No Free Lunch Theorems of Optimization (NLFTs) we have to exploit the problem structure in order to make a solution more robust. This optimization problem is directly linked to a robustness/fragility tradeoff which has been observed in many contexts, e.g. 'robust, yet fragile' property of HOT (Highly Optimized Tolerance) systems. Another issue is that robustness is tightly bounded to other phenomena like complexity for which themselves exist no clear definition or theoretical framework. Consequently, this review rather tries to find common aspects within many different approaches and phenomena than to build a general theorem for robustness, which anyhow might not exist because complex phenomena often need to be described from a pluralistic view to address as many aspects of a phenomenon as possible. First, many different robustness problems have been reviewed from many different disciplines. Second, different common aspects will be discussed, in particular the relationship of functional and structural properties. This paper argues that robustness phenomena are also a challenge for the 21st century. It is a useful quality of a model or system in terms of the 'maintenance of some desired system characteristics despite fluctuations in the behaviour of its component parts or its environment' (s. [Carlson and Doyle, 2002], p. 2). We define robustness phenomena as solution with balanced tradeoffs and robust design principles and robustness measures as means to balance tradeoffs. --

    Judgment and Reasoning in Adolescent Decisionmaking

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    Few people believe that five year olds and fifteen year olds think, act or make decisions in the same way. The question is whether and how the law should respond to developmental differences. Traditionally, childhood and adulthood have been two dichotomous legal categories, demarcated by the age of majority. This conception has been contested in recent years, as has the premise that all minors are incompetent to make decisions and function as legal actors. Fueled by the controversy over adolescent access to abortion, an advocacy movement has emerged that challenges the authority of parents and the state over the lives of young people. For some advocates, the claims of adolescents to self-determination are a natural extension of the liberal ideology that forcefully emerged in the civil rights movement of the 1960s. Although this children\u27s rights movement is driven by politics and ideology, the case for changing the legal status of minors rests in large part on empirical grounds; indeed, many leading proponents are psychologists. From the start, critics of traditional policies have turned to child development theory and research to support arguments that children, particularly adolescents, should be given greater legal autonomy. Paternalistic legal treatment is based on the presumption that minors, due to their immaturity, are incompetent to make their own choices. This premise, advocates argue, has now been discredited by social science research and theory that demonstrate that by age fourteen adolescents are indistinguishable from adults in their decisionmaking competence. This evidence, it is said, seriously undermines the justification for different legal treatment

    Lower Court Constitutionalism: Circuit Court Discretion in a Complex Adaptive System

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    While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts make choices about constitutional meaning, carving independent federal judges into cookie-cutter replicas of either the theorist or the Supreme Court

    Lower Court Constitutionalism: Circuit Court Discretion in a Complex Adaptive System

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    While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts make choices about constitutional meaning, carving independent federal judges into cookie-cutter replicas of either the theorist or the Supreme Court

    Lower Court Constitutionalism: Circuit Court Discretion in a Complex Adaptive System

    Get PDF
    While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions when circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts make choices about constitutional meaning, carving independent federal judges into cookie-cutter replicas of either the theorist or the Supreme Court.These “one size fits all” theories fail to see circuit courts for what they are — parts of an interpretive system where constitutional law is made from both the top-down and from the bottom-up. This partially decentralized structure positions circuit courts to help the system adapt to changes in its environment and ensure its long-term stability and survival. Rather than focusing on their “inferior” position in the judicial hierarchy or the “best” available theory of constitutional interpretation, circuit courts should use their interpretive discretion in constitutional cases in ways that serve this adaptive function.This Article uses a “complex adaptive system” model to explore how decentralized systems balance their need for overall order and stability with demands for evolution and change. These systems rely on two factors: variation (the degree to which the system’s components differ from one another) and interdependence (the degree to which the system’s components affect one another) to manage those competing forces. When applied to circuit courts, a complex adaptive system model shows the importance of generating different answers to difficult interpretive questions rather than a uniform approach, and developing mechanisms for facilitating interpretive communication across circuits. In turn, it offers the promise of aligning constitutional theory with the way constitutional law is actually made

    The Role of the Financial Sector in Economic Performance

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    What distinguished financial institutions from other firms is the relatively small share of real assets on their balance sheets. Thus, the direct impact of financial institutions on the real economy is relatively minor. The indirect impact of financial markets and institutions on economic performance is extraordinarily important. The financial sector mobilizes savings and allocates credit across space and time. It provides not only payment services, but also enables firms and households to cope with economic uncertainties by hedging, pooling, sharing and pricing risks. An efficient financial sector reduces the cost and risk of producing and trading goods and services and thus makes an important contribution to raising the standard of living. The authors begin their analysis by considering how an economy would perform without a financial sector and then proceed to introduce a simplified financial sector with direct financial transactions between savers and investors. Financial intermediaries are introduced which transform the direct obligations of investors into indirect obligations of financial intermediaries which have attributes that savers prefer. This approach emphasizes how the financial sector can improve both the quantity and quality of real investment and thereby increase income per capita. The authors then consider the role of government in supporting an efficient financial sector. However, the authors show that not all government intervention is beneficial. They demonstrate the potentially detrimental effects of regulation on both the financial structure and the real economy. They also emphasize the competitive forces that influence the ultimate impact of regulations. Technological trends in telecommunications and computation seem likely to increase the ease with which users and providers of financial services can circumvent burdensome regulations, according to the authors. This has led to calls for reduction in the overall restrictions on financial firms, as well as for international harmonization of regulations regarding safety and soundness, insider trading and taxation. The authors examine how to quantify the gains to the economy from improving the efficiency of the financial sector and the potential social gains and costs which may result from the formation of financial conglomerates. The authors then consider pressures for international harmonization of financial regulation, contrasting institutional regulation with functional regulation. The authors conclude that efficient financial markets require an infrastructure of laws, conventions and regulation. Most of all, an efficient financial system requires confidence. Confidence encourages investors to allocate their savings through financial markets and institutions rather than to buy non-productive assets as a store of value. The authors suggest that such confidence can be fostered by appropriate regulation of institutions and markets to ensure users of financial services that they will receive fair treatment. According to the authors, the challenge is to foster a static and dynamically efficient financial system while maintaining sufficient regulatory oversight to promote confidence in the safety and soundness of the financial system.

    Political philosophy of Walter Lippmann

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