Prediction of construction litigation outcome - A case-based reasoning approach

Series: Lecture notes in computer scienceAuthor name used in this publication: K. W. Chau2005-2006 > Academic research: refereed > Publication in refereed journalAccepted ManuscriptPublishe

How \u3ci\u3eNFIB v. Sebelius\u3c/i\u3e Affects the Constitutional Gestalt

The thesis of this essay is that the most important legal effects of the Supreme Court\u27s decision in NFIB v. Sebelius are likely to be indirect. Sebelius marks a possible shift in what we can call the “constitutional gestalt” regarding the meaning and implications of the so-called “New Deal Settlement.” Before Sebelius, the consensus understanding was that New Deal and Warren Court cases had established a constitutional regime of plenary and virtually unlimited national legislative power under the Commerce Clause (which might be subject to narrow and limited carve outs protective of the core of state sovereignty). After Sebelius, the constitutional gestalt is unsettled. In Sebelius, five justices of the Supreme Court endorsed a view of the commerce clause that is inconsistent with the constitutional gestalt associated with the New Deal Settlement. A fissure has opened in constitutional politics, creating space for an alternative constitutional gestalt. The core idea of the alternative view is that the New Deal Settlement did not create plenary and virtually unlimited legislative power; instead, proponents of the New Federalism argue that New Deal and Warren Court cases establish only the constitutionality of particular federal programs and specific zones of federal power. The most important indirect effect of Sebelius is that it enables constitutional contestation over the content of the constitutional gestalt and the meaning of the New Deal Settlement. This is a revised draft and replaces the draft of October 16, 2012, which is now on file with the author

Trial Selection Theory: A Unified Model

This paper provides a formal model of the trial selection process that incorporates the Priest-Klein hypothesis and alternative theories of selection. We derive the conditions under which the hypothesis is valid, and examine implications for the relationship between trial outcome uncertainty and litigation. The model suggests a generalization of the hypothesis.

Artificial Intelligence Enabled Project Management: A Systematic Literature Review

In the Industry 5.0 era, companies are leveraging the potential of cutting-edge technologies such as artificial intelligence for more efficient and green human-centric production. In a similar approach, project management would benefit from artificial intelligence in order to achieve project goals by improving project performance, and consequently, reaching higher sustainable success. In this context, this paper examines the role of artificial intelligence in emerging project management through a systematic literature review; the applications of AI techniques in the project management performance domains are presented. The results show that the number of influential publications on artificial intelligence-enabled project management has increased significantly over the last decade. The findings indicate that artificial intelligence, predominantly machine learning, can be considerably useful in the management of construction and IT projects; it is notably encouraging for enhancing the planning, measurement, and uncertainty performance domains by providing promising forecasting and decision-making capabilities

Critical analysis for big data studies in construction: significant gaps in knowledge

Purpose The purpose of this paper is to identify the gaps and potential future research avenues in the big data research specifically in the construction industry. Design/methodology/approach The paper adopts systematic literature review (SLR) approach to observe and understand trends and extant patterns/themes in the big data analytics (BDA) research area particularly in construction-specific literature. Findings A significant rise in construction big data research is identified with an increasing trend in number of yearly articles. The main themes discussed were big data as a concept, big data analytical methods/techniques, big data opportunities – challenges and big data application. The paper emphasises “the implication of big data in to overall sustainability” as a gap that needs to be addressed. These implications are categorised as social, economic and environmental aspects. Research limitations/implications The SLR is carried out for construction technology and management research for the time period of 2007–2017 in Scopus and emerald databases only. Practical implications The paper enables practitioners to explore the key themes discussed around big data research as well as the practical applicability of big data techniques. The advances in existing big data research inform practitioners the current social, economic and environmental implications of big data which would ultimately help them to incorporate into their strategies to pursue competitive advantage. Identification of knowledge gaps helps keep the academic research move forward for a continuously evolving body of knowledge. The suggested new research avenues will inform future researchers for potential trending and untouched areas for research. Social implications Identification of knowledge gaps helps keep the academic research move forward for continuous improvement while learning. The continuously evolving body of knowledge is an asset to the society in terms of revealing the truth about emerging technologies. Originality/value There is currently no comprehensive review that addresses social, economic and environmental implications of big data in construction literature. Through this paper, these gaps are identified and filled in an understandable way. This paper establishes these gaps as key issues to consider for the continuous future improvement of big data research in the context of the construction industry

Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions

Uppsatsen tydliggör och beskriver innehållet i elva lokala överenskommelser (LÖK) mellan civilsamhället och offentlig sektor. Studien visar också hur relationen mellan parterna avspeglas i texterna. Uppsatsen visar också på hur olika idéer och synsätt i överenskommelserna kan få praktiska konsekvenser för civilsamhället

An Enquiry Meet for the Case: Decision Theory, Presumptions, and Evidentiary Burdens in Formulating Antitrust Legal Standards

Presumptions have an important role in antitrust jurisprudence. This article suggests that a careful formulation of the relevant presumptions and associated evidentiary rebuttal burdens can provide the “enquiry meet for the case” across a large array of narrow categories of conduct confronted in antitrust to create a type of “meta” rule of reason. The article begins this project by using decision theory to analyze the types and properties of antitrust presumptions and evidentiary rebuttal burdens and the relationship between them. Depending on the category of conduct and market structure conditions, antitrust presumptions lie along a continuum from conclusive (irrebuttable) anticompetitive, to rebuttable anticompetitive, to competitively neutral, and on to rebuttable procompetitive and conclusive (irrebuttable) procompetitive presumptions. A key source of these presumptions is the likely competitive effects inferred from market conditions. Other sources are policy-based -- deterrence policy concerns and overarching policies involving the goals and premises of antitrust jurisprudence. Rebuttal evidence can either undermine the facts on which the presumptions are based or can provide other evidence to offset the competitive effects likely implied by the presumption. The evidentiary burden to rebut a presumption depends on the strength of the presumption and the availability and reliability of further case-specific evidence. These twin determinants can be combined and understood through the lens of Bayesian decision theory to explain how “the quality of proof required should vary with the circumstances.” The stronger the presumption and less reliable the case-specific evidence in signaling whether the conduct is anticompetitive versus procompetitive, the more difficult it will be for the disfavored party to satisfy the evidentiary burden to rebut the presumption. The evidentiary rebuttal burden generally is a burden of production, but also can involve the burden of persuasion, as with the original Philadelphia National Bank structural presumption, or typical procompetitive presumptions. If a presumption is rebutted with sufficient offsetting evidence to avoid an initial judgment, the presumption generally continues to carry some weakened weight in the post-rebuttal phase of the decision process. That is, a thumb remains on the scale. However, if the presumption is undermined, it is discredited and it carries no weight in the post-rebuttal decision process. The article uses this methodology to analyze various antitrust presumptions. It also analyzes the, burden-shifting rule of reason and suggests that the elements should not be rigidly sequenced in the decision process. The article also begins the project of reviewing, revising and refining existing antitrust presumptions with proposed revisions and refinements in a number of areas. The article invites other commentators to join the project by criticizing these proposals and suggesting others. These presumptions then could be applied by appellate courts and relied upon by lower court, litigants and business planners