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    Response Essay: Some Observations on Professor Schwartz\u27s Foundation Theory of Evidence

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    Professor David Schwartz\u27s A Foundation Theory of Evidence posits an intriguing new way to look at Evidence. It asserts that offered evidence must meet a tripartite requirement before it can be relevant. The tripartite requirement is that the evidence must be case-specific, assertive, and probably true. His shorthand for the tripartite requirement is that evidence must be well founded. Hence, he calls his theory the foundation theory of evidence and claims this foundation notion is so central to evidence law that it eclipses in importance even relevance itself. The tripartite requirement inheres in the very concept of evidence and relevancy, he says, and although there are only a few evidentiary areas where the Federal Rules of Evidence and their state progeny specifically require something analogous to this requirement, he finds the requirement almost universally applied in trials across the country by judges\u27 rulings (going by a variety of other names) and in decisions by parties about what evidence to offer as a practical matter. This response essay addresses two of Schwartz\u27s most intriguing and central contentions: (1) that almost all evidence must be case-specific, assertive, and probably true ; and (2) that scholars who say there is no such thing as conditional relevance—that it is an incoherent concept—are wrong: conditional relevance exists and is widespread. The two are linked in Professor Schwartz\u27s view because it is the tripartite requirement in (1) that often make evidence conditionally relevant as asserted in (2)—that is, irrelevant unless something is shown to establish that it complies with the elements of the tripartite requirement

    The Question of Changing the Concept, Paperand Functions of State

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    This paper onthe questionof the concept, role and functions of State, attempts tocritically analyze recent developments and transformations. Itis assumed that all existing State models to date are in ideological crisis that challenges the concept of State.The problem is that the empirical evidence of the roleand functionsof the State or the State system are different from ast and point of a range of spheres of government, which generate the multiple requirements of the regulatory activity of the State. In the discussion some questions are identified and proposals that may be useful for analyzing the transformation of the State are formulated.Keywords. Concept of State, State functions, role of government.JEL. H70, I18

    The Evidence Hub: harnessing the collective intelligence of communities to build evidence-based knowledge

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    Conventional document and discussion websites provide users with no help in assessing the quality or quantity of evidence behind any given idea. Besides, the very meaning of what evidence is may not be unequivocally defined within a community, and may require deep understanding, common ground and debate. An Evidence Hub is a tool to pool the community collective intelligence on what is evidence for an idea. It provides an infrastructure for debating and building evidence-based knowledge and practice. An Evidence Hub is best thought of as a filter onto other websites — a map that distills the most important issues, ideas and evidence from the noise by making clear why ideas and web resources may be worth further investigation. This paper describes the Evidence Hub concept and rationale, the breath of user engagement and the evolution of specific features, derived from our work with different community groups in the healthcare and educational sector

    Liquid crystal seed nucleates liquid–solid phase change in ceria nanoparticles

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    Molecular dynamics (MD) simulation was used to explore the liquid–solid (crystal) phase change of a ceria nanoparticle. The simulations reveal that the crystalline seed, which spontaneously evolves and nucleates crystallisation, is a liquid rather than a solid. Evidence supporting this concept includes: (a) only 3% of the total latent heat of solidification had been liberated after 25% of the nanoparticle had (visibly) crystallised. (b) Cerium ions, comprising the (liquid) crystal seed had the same mobility as cerium ions comprising the amorphous regions. (c) Cerium ion mobility only started to reduce (indicative of solidification) after 25% of the nanoparticle had crystallised. (d) Calculated radial distribution functions (RDF) revealed no long-range structure when 25% of the nanoparticle had (visibly) crystallised. We present evidence that the concept of a liquid crystal seed is more general phenomenon rather than applicable only to nanoceria
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