8,165 research outputs found

    On the inability of existing security models to cope with data mobility in dynamic organizations

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    Modeling tools play an important role in identifying threats in traditional\ud IT systems, where the physical infrastructure and roles are assumed\ud to be static. In dynamic organizations, the mobility of data outside the\ud organizational perimeter causes an increased level of threats such as the\ud loss of confidential data and the loss of reputation. We show that current\ud modeling tools are not powerful enough to help the designer identify the\ud emerging threats due to mobility of data and change of roles, because they\ud do not include the mobility of IT systems nor the organizational dynamics\ud in the security model. Researchers have proposed security models that\ud particularly focus on data mobility and the dynamics of modern organizations,\ud such as frequent role changes of a person. We show that none\ud of the current security models simultaneously considers the data mobility\ud and organizational dynamics to a satisfactory extent. As a result, none\ud of the current security models effectively identifies the potential security\ud threats caused by data mobility in a dynamic organization

    Strategy Selection for Product Service Systems Using Case-based Reasoning

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    A product service system integrates products and services in order to lower environmental impact. It can achieve good eco-efficiency and has received increase in the last decade. This study focuses on strategy selection for product service system design. Case-based reasoning is utilized to provide suggestions for finding an appropriate strategy. To build a case database, successful PSS cases from the literature and websites were collected and formulated. Twelve indices under three categories were analyzed and selected to describe cases. A lot of successful PSS cases and their information were collected. Forty seven cases were used in this study because of the completeness of information. The analytic hierarchic process is used to find the relative weights of the factors that relate to the selection of customers. These weights are used in calculating the similarity in the case-based reasoning process. The successful strategy of the most similar case is extracted and recommended for PSS strategy determination. More than 90% of tested cases obtained an appropriate strategy from the most similar case. Finally, two new products are introduced to find the best strategy for product service system design and development using the proposed case-based reasoning system

    Why we should see international law as a structure: Unpicking international lawā€™s ontology and agency

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    This article identifies how three dominant ideas of international law (as a process, an institution and a practice) see its agency, concluding that all three share a reluctance to see international law as doing anything more than enabling the operation of other actors, forces or structures. This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious. As Shklarā€™s idea of legalism shows us, legalism plays a powerful role in shaping all our understandings of ourselves and the world that surrounds us. Seeing international law as a structure enables us to see how it locates actors within a social hierarchy and how it behaves in similar ways to recognised structures like capitalism and racism

    Before the Jurisprudential Turn: Corbin and the Mid-Century Opposition to Erie

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    This Article is structured as follows. Part I documents the jurisprudential turn in understanding Erie by analyzing some of Holmesā€™s famous dissents invoked in the opinion. It argues that Holmesā€™s epigrams about the nature of law in these dissents are deceptive: they either wrongly attribute to the majority jurisprudential views it need not hold or take a jurisprudential position unnecessary to the dissentā€™s view. Either way, Holmesā€™s legal positivism is irrelevant to his own dissents. Parts II-V together make the historical case for viewing Corbin as a legal positivist who objected to Erieā€™s result constitutional and practical grounds. Part II identifies a precise and plausible notion of legal positivism, and finds Corbinā€™s compact, but repeated, statements about law to be positivist. Part III describes and distinguishes Corbinā€™s practical and constitutional objections to Erieā€™s result. Part IV shows, contrary to the predominant view of his position, that Corbinā€™s objection to Erie is not only based on what he took to be its practical consequences in requiring federal court deference to state court determinations of state law. Corbinā€™s objection is more serious, based on vaguely specified constitutional constraints controlling the exercise of judicial power by federal courts. Part V speculates about the precise constitutional basis of Corbinā€™s opposition to Erie. A conclusion (Part VI) describes the relevance of Corbinā€™s example for the historical case against the jurisprudential turn in understanding Erie

    Finding Law

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    That the judge\u27s task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a fallacy, an illusion, a brooding omnipresence in the sky. That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system. This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and its progeny. The first, positive criticism is that law has to come from somewhere: judges can\u27t discover norms that no one ever made. But this claim blinks reality. We routinely identify and apply social norms that no one deliberately made, including norms of fashion, etiquette, or natural language. Law is no different. Judges might declare a customary law the same way copy editors and dictionary authors declare standard English -- with a certain kind of reliability, but with no power to revise at will. The second, realist criticism is that this law leaves too many questions open: when judges can\u27t find the law, they have to make it instead. But uncertain cases force judges to make decisions, not to make law. Different societies can give different roles to precedent (and to judges). And judicial decisions can have many different kinds of legal force -- as law of the circuit, law of the case, and so on -- without altering the underlying law on which they\u27re based. This Essay claims only that it\u27s plausible for a legal system to have its judges find law. It doesn\u27t try to identify legal systems that actually do this in practice. Yet too many discussions of judge-made law, including the famous ones in Erie, rest on the false premise that judge-made law is inevitable -- that judges simply can\u27t do otherwise. In fact, judges can do otherwise: they can act as the law\u27s servants rather than its masters. The fact that they can forces us to confront, rather than avoid, the question of whether they should. Finding law is no fallacy or illusion; the brooding omnipresence broods on

    The scientific way of thinking in statistics, statistical physics and quantum mechanics

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    This paper focuses on the way of thinking in both classical and modern Physics and Statistics, Statistical Mechanics or Statistical Physics and Quantum Mechanics. These different statistical ways of thinking and their specific methods have generated new fields for new activities and new scientific disciplines, like Econophysics (between Economics and Physics), Sociophysics (between Sociology and Physics), Mediaphysics (between all media and comunication sciences), etc. After describing some recent definitions of statistical thinking, implications of statistical education for developing Econophysics, Sociophysics, Mediaphysics, etc. from Statistical and Quantum Mechanics are discussed. Several opinions are given as a direct liaison between the classical and modern statistical sciences and thoughts of a scientific research in general. The main conclusion is that Statistics developing habits of mind for Statistical Physics in Econophysics, for the Quantum Mechanics in Quantum Physics, for the Sociology in Sociophysics will be essential for the future of all.Statistics, Statistical Physics, Quantum Mechanics, Econophysics, Sociophysics

    Too Stubborn To Ever Be Governed By Enforced Insanity: Some Therapeutic Jurisprudence Dilemmas in the Representation of Criminal Defendants in Incompetency and Insanity Cases

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    Little attention has been paid to the importance between therapeutic jurisprudence (TJ) and the role ofcriminal defense lawyers in insanity and incompetency-to-stand-trial (IST) cases. That inattention is especially noteworthy in light of the dismal track record of counsel providing services to defendants who are part of this cohort of incompetency-status-raisers and insanity-defense-pleaders. On one hand, this lack of attention is a surprise as TJ scholars have, in recent years, turned their attention to virtually every other aspect of the legal system. On the other hand, it is not a surprise, given the omnipresence of sanism, an irrational prejudice ofthe same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry, that infects both our jurisprudence and our lawyering practices, that is largely invisible and largely socially acceptable, that is based predominantly upon stereotype, myth, superstition, and deindividualization, and is sustained and perpetuated by our use ofalleged ordinary common sense (OCS) and heuristic reasoning in an unconscious response to events both ineveryday life and in the legal process. In Part I of this paper, I examine the literature that seeks to apply TJ principles to the criminal law process ingeneral, drawing mostly on the work of Professor David Wexler. In Part II, I consider why the lack of attention that I have referred to already is surprising (given TJ\u27s mandate and the fact that many TJ issues are inevitably raised in any insanity or IST case). In Part III, I then consider why this lack of attention is not surprising, given the omnipresence of sanism. In Part IV, I consider some of the actual counseling issues that might arise inthese contexts, and offer some suggestions to lawyers representing clients in cases in which mental status issues may be raised. I conclude the paper by concluding that we must rigorously apply therapeutic jurisprudence principles toeach aspect of the insanity defense, so as to strip away sanist behavior, pretextual reasoning and teleological decision making from the insanity defense process, so as to enable us to confront the pretextual use of social science data in an open and meaningful way. This gambit would also allow us to address ā€“ in a more successful way than has ever yet been done ā€“ the problems raised by the omnipresence of ineffective counsel in cases involving defendants with mental disabilities
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