1,047 research outputs found

    Sythetic Securitization: A Comment on Bell & Dawson

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    The topic studied in this thesis is the right of public access as a legal institution. In that connection, several questions which are different from each other are raised. The thesis focuses to a great extent on the interaction between questions of a practical-legal nature and those whose character is more connected to legal theory. The point of departure of the discussion in the thesis is that some of the legal norms that are incorporated in the institution of the right of public access are customary law. Thus, the concept customary law is particularly considered, and the question of in what way the customary law can be filled with content raises special interest. A hypothesis is put forward in the thesis, which is that the right of public access constitutes part of those regulations whose purpose is that land should be used appropriately - seen from the societal perspective that land is a limited natural resource which should be used expediently, for the husbanding of resources. What is advocated in this thesis, is that in both the jurisprudential discussion about the right of public access and in the argumentation that is conducted in the practical legal application, the three subjects, the Actual User, the Canalizer and the Actual User in the Collective and their different use of the land, are separated. Further, it is advocated that the discussion as to which activities are allowed by the right of public access should be based on a consciousness that the activities can concern “everyday use” or “recreation” and that, depending on whether the activities are considered to concern the one or the other, different conclusions regarding the permissibility of the activities will be drawn. Furthermore, it is shown in the thesis that in conflicts between different means of using land, the courts seem to presume that all land is covered by the right of public access - a presumption that does not hold if the land is a part of somebody’s zone of home privacy, is needed for certain business or constitute biologically sensitive land.I denna avhandling studeras allemansrĂ€tten som rĂ€ttsinstitut. DĂ€rvid aktualiseras flera sinsemellan olikartade frĂ„gestĂ€llningar. Avhandlingen fokuserar i stor utstrĂ€ckning pĂ„ samspelet mellan frĂ„gor av praktisk-juridiskt slag och sĂ„dana av mer rĂ€ttsteoretiskt slag. Diskussionen i avhandlingen utgĂ„r frĂ„n att vissa av de i institutet allemansrĂ€tten ingĂ„ende rĂ€ttsliga normerna Ă€r sedvanerĂ€tt. DĂ€rför diskuteras sedvanerĂ€ttsbegreppet sĂ€rskilt, varvid frĂ„gan hur sedvanerĂ€tt kan fyllas med ett innehĂ„ll vĂ€cker sĂ€rskilt intresse. I avhandlingen uppstĂ€lls en hypotes om att allemansrĂ€tten Ă€r en del av en reglering syftande till lĂ€mplig markanvĂ€ndning - sett ur den samhĂ€lleliga synvinkeln att mark Ă€r en begrĂ€nsad naturresurs som bör nyttjas Ă€ndamĂ„lsenligt, för hushĂ„llning med resurser. I avhandlingen föresprĂ„kas att man i sĂ„vĂ€l den rĂ€ttsvetenskapliga diskussionen om allemansrĂ€tten, som i den argumentation som förs i den praktiska rĂ€ttstillĂ€mpningen, sĂ€rskiljer de tre subjekten utövaren, kanalisatören och utövaren i kollektivet och deras skilda nyttjande. Vidare föresprĂ„kas att diskussionen, om vilka aktiviteter som Ă€r allemansrĂ€ttsligt tillĂ„tna, sker utifrĂ„n en medvetenhet om att aktiviteterna kan avse ”vardagsnytta” eller ”rekreation” och att, beroende av om aktiviteterna antas avse det ena eller det andra, olika slutsatser angĂ„ende aktiviteternas tillĂ„tlighet kommer att dras. DĂ€rtill visas i avhandlingen att domstolen, i konflikter mellan olika sĂ€tt att nyttja marken, tycks presumera att all mark Ă€r allemansrĂ€ttsligt tillgĂ€nglig - en presumtion som bryts om marken ingĂ„r i nĂ„gons hemfridszon, behövs för vissa nĂ€ringar eller utgör biologiskt kĂ€nslig mark

    Sythetic Securitization: A Comment on Bell & Dawson

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    Very high-current-density Nb/AlN/Nb tunnel junctions for low-noise submillimeter mixers

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    We have fabricated and tested submillimeter-wave superconductor–insulator–superconductor (SIS) mixers using very high-current-density Nb/AlN/Nb tunnel junctions (Jc[approximate]30 kA cm–2). The junctions have low-resistance-area products (RNA[approximate]5.6 Omega ”m2), good subgap-to-normal resistance ratios Rsg/RN[approximate]10, and good run-to-run reproducibility. From Fourier transform spectrometer measurements, we infer that omegaRNC = 1 at 270 GHz. This is a factor of 2.5 improvement over what is generally available with Nb/AlOx/Nb junctions suitable for low-noise mixers. The AlN-barrier junctions are indeed capable of low-noise operation: we measure an uncorrected double-sideband receiver noise temperature of TRX = 110 K at 533 GHz for an unoptimized device. In addition to providing wider bandwidth operation at lower frequencies, the AlN-barrier junctions will considerably improve the performance of THz SIS mixers by reducing rf loss in the tuning circuits

    Will the Stork Return to Europe and Japan? Understanding Fertility within Developed Nations

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    We seek to explain the differences in fertility rates across high-income countries by focusing on the interaction between the increasing status of women in the workforce and their status in the household, particularly with regards to child care and home production. We observe three distinct phases in women\u27s status generated by the gradual increase in women\u27s workforce opportunities. In the earliest phase, characteristic of the 1950s and 1960s in the United States, women earn low wages relative to men and are expected to shoulder all of the child care at home. As a result, most women specialize in home production and raising children. In an intermediate stage, women have improved (but not equal) labor market opportunities, but their household status lags. Women in this stage are still expected to do the majority of child care and household production. Increasing access to market work increases the opportunity cost of having children, and fertility falls. Female labor force participation increases. Working women in this phase of development have the strongest disincentives to having additional children since the entire burden of child care falls on them. In the final phase of development, women\u27s labor market opportunities begin to equal those of men. In addition, the increased household bargaining power that comes from more equal wages results in much higher (if not gender-equal) male participation in household production. Female labor force participation is higher than in the intermediate phase. The increased participation of men in the household also reduces the disincentives for women to have additional children, and fertility rates rise compared to the intermediate phase. The intermediate, low-fertility phase might describe Japan, Italy, and Spain in the present day, while the Scandinavian countries, the Netherlands, and the modern-day United States may be entering the final phase. After presenting the empirical evidence, we predict that high-income countries with the lowest fertility rates are likely to see an increase in fertility in the coming decades

    Modernising operational risk management in financial institutions via data-driven causal factors analysis: A pre-registered study

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    In an effort to contribute a quantitative, objective and real-time tool to proactively and precisely manage the factors underlying and exacerbating operational risks, this pre-registered study executes the empirical methodology approved in the associated pre-registered report (Cornwell et al., 2023). The application of the Bayesian network-based approach to an Australian insurance company shows that integrating a financial institution's loss and operational data in this way can effectively model the probability of an operational loss event within its interconnected operational risk environment. Further insights and efficiencies are gained by modelling multiple operational loss events together, rather than in isolation. A novel two-module framework derived specifically for causal factors analysis from the resulting operational risk model helps to highlight the relative importance of causal factors, their collective effects and critical thresholds requiring proactivity. These insights derived from the framework are expected to be strategically valuable in helping an organisation design intentional and targeted controls for and monitoring of operational risks. Given existing knowledge of the improvements quantitative risk management tools make to risk management effectiveness and subsequently firm value, the enhanced risk management and the operational efficiencies this tool seeks to afford should ultimately contribute to driving financial performance and firm value
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