42,487 research outputs found
Principles of Antifragile Software
The goal of this paper is to study and define the concept of "antifragile
software". For this, I start from Taleb's statement that antifragile systems
love errors, and discuss whether traditional software dependability fits into
this class. The answer is somewhat negative, although adaptive fault tolerance
is antifragile: the system learns something when an error happens, and always
imrpoves. Automatic runtime bug fixing is changing the code in response to
errors, fault injection in production means injecting errors in business
critical software. I claim that both correspond to antifragility. Finally, I
hypothesize that antifragile development processes are better at producing
antifragile software systems.Comment: see https://refuses.github.io
Great East Japan Earthquake, JR East Mitigation Successes, and Lessons for California High-Speed Rail, MTI Report 12-37
California and Japan both experience frequent seismic activity, which is often damaging to infrastructure. Seismologists have developed systems for detecting and analyzing earthquakes in real-time. JR East has developed systems to mitigate the damage to their facilities and personnel, including an early earthquake detection system, retrofitting of existing facilities for seismic safety, development of more seismically resistant designs for new facilities, and earthquake response training and exercises for staff members. These systems demonstrated their value in the Great East Japan Earthquake of 2011 and have been further developed based on that experience. Researchers in California are developing an earthquake early warning system for the state, and the private sector has seismic sensors in place. These technologies could contribute to the safety of the California High-Speed Rail Authority’s developing system, which could emulate the best practices demonstrated in Japan in the construction of the Los Angeles-to-San Jose segment
The Development and Evolution of the U.S. Law of Corporate Criminal Liability
In the United States, corporate criminal liability developed in response to the industrial revolution and the rise in the scope and importance of corporate activities. This article focuses principally on federal law, which bases corporate criminal liability on the respondeat superior doctrine developed in tort law. In the federal system, the formative period for the doctrine of corporate criminal liability was the early Twentieth Century, when Congress dramatically expanded the reach of federal law, responding to the unprecedented concentration of economic power in corporations and combinations of business concerns as well as new hazards to public health and safety. Both the initial development of the doctrine and the evolution in its use reflect a utilitarian and pragmatic view of criminal law.
This article describes the evolution of the practice of corporate criminal liability and sentencing, arguing that administrative responses by the Department of Justice and the U.S. Sentencing Commission have responded to widespread criticism of the existence of corporate liability as well as the breadth of the respondeat superior standard of liability. As a result of this evolution in enforcement, only a very small number of corporations are convicted, and the penalties imposed on those that are convicted are adjusted to reflect corporate culpability. Nevertheless, the broad potential for criminal liability has significant consequences for a wide range of corporate behavior. Corporations have powerful incentives to perform internal investigations, cooperate with both regulators and prosecutors, and actively pursue settlement of claims of misconduct. To avoid criminal liability, corporations also enter into deferred prosecution agreements that often require changes in corporate business practices and governance as well as monitoring to ensure compliance. The purpose of these administrative responses attempt is to reduce or eliminate the negative effects of imposing criminal liability while exploiting the law’s power to deter criminal behavior, improve corporate citizenship, and bring about beneficial structural reforms.
The persistence of the doctrine of respondeat-superior-based corporate criminal liability and its limitation in practice shed light on three key aspects federal criminal law. First, the Sentencing Guidelines have served as a more limited substitute for comprehensive criminal code reform. Second, the federal justice system lacks the resources to process the vast majority of cases falling under the criminal code, and prosecutorial discretion is relied upon to select a small fraction of cases for prosecution. Finally, like corporations, all defendants receive incentives for cooperation that may effectively compel them to plead guilty and/or assist in the investigation and prosecution of others
Recommended from our members
Cognitive barriers during monitoring-based commissioning of buildings
Monitoring-based commissioning (MBCx) is a continuous building energy management process used to optimize energy performance in buildings. Although monitoring-based commissioning (MBCx) can reduce energy waste by up to 20%, many buildings still underperform due to issues such as unnoticed system faults and inefficient operational procedures. While there are technical barriers that impede the MBCx process, such as data quality, the focuses of this paper are the non-technical, behavioral and organizational, barriers that contribute to issues initiating and implementing MBCx. In particular, this paper discusses cognitive biases, which can lead to suboptimal outcomes in energy efficiency decisions, resulting in missed opportunities for energy savings. This paper provides evidence of cognitive biases in decisions during the MBCx process using qualitative data from over 40 public and private sector organizations. The results describe barriers resulting from cognitive biases, listed in descending order of occurrence, including: risk aversion, social norms, choice overload, status quo bias, information overload, professional bias, and temporal discounting. Building practitioners can use these results to better understand potential cognitive biases, in turn allowing them to establish best practices and make more informed decisions. Researchers can use these results to empirically test specific decision interventions and facilitate more energy efficient decisions
A Mission of the Heart: What Does It Take to Transform a School? 2008
Based on interviews and focus group discussions with principals and superintendents, examines the leadership skills, commitments, resources, and supports needed to turn around low-performing schools and how to recruit and retain qualified principals
- …