On and Off Contract Remedies

A party dissatisfied with the contractual performance of a counterparty is typically able to pursue a variety of legal recourses. Within this apparent variety lurk two fundamental alternatives. The aggrieved party may (i) “affirm” the contract and seek money damages or specific performance; or (ii) “disaffirm” the contract with the remedy of rescission and restitution. This simple dichotomy of contract remedies applies broadly in both common law and civil law practice. We show here that this remedial regime allows parties to write simple contracts that induce first-best cooperative investments

On and Off Contract Remedies

A party dissatisfied with the contractual performance of a counterparty is typically able to pursue a variety of legal recourses. Within this apparent variety lurk two fundamental alternatives. The aggrieved party may (i) “affirm†the contract and seek money damages or specific performance; or (ii) “disaffirm†the contract with the remedy of rescission and restitution. This simple dichotomy of contract remedies applies broadly in both common law and civil law practice. We show here that this remedial regime allows parties to write simple contracts that induce first-best cooperative investments.breach remedies; incomplete contracts; cooperative investments

Towards the estimation of the economic value of the outputs of Scottish higher education institutions : Next Steps Summary Report

This paper represents a summary of the 'Next Steps Project' which piloted the practical application of a new methodological approach applying welfare economic principles to estimate the value of non-market outputs of higher education institutions. 3 areas of non-market activity of Scottish higher education institutions were studied, namely community engagement, cultural outreach and public policy advisory activity. The aim of the study was to use real world higher education data to test the new methodological framework's potential to identify areas of high value and where metrics could be devised to support public resource allocation decisions

Conduction Theories in Gaseous Plasmas and Solids: Final Report, 1961

The theoretical studies on the transport proper ties of ionized media performed have been based entirely on the effective particle approach and have ignored all correlation effects as well as quantum corrections. Within this approximation several specific problems have been treated: the anomalous skin effect, the magneto-acoustic effect, magneto-galvanic resistance, and certain aspects of microwave diagnostics. The first two effects are of considerable interest in metals and semi-metals and were studied and extended so as to apply to plasmas. The microwave diagnostic techniques developed here were originally aimed at the interpretation of a specific problem in plasma physics but are of sufficient generality to treat a class of problems involving magneto hydrodynamic fluids, semi-metals, as well as semi-conductors

The Functions and Practices of a Television Network

An Iterative Learning Control disturbance rejection approach is considered and it is shown that iteration variant learning filters can asymptotically give the controlled variable zero error and zero variance. Convergence is achieved with the assumption that the relative model error is less than one. The transient response of the suggested ILC algorithm is also discussed using a simulation example

The Emergence of the Hellenic Deliberative Ideal: The Classical Humanist Conception of Comparative Law

Modern comparative law is based upon the failed Enlightenment premise of comparative law as legal science. Awareness of the earlier writings of Hellenic historians, philosophers, rhetoricians, and dramatists suggest that comparative law should be conceived as a process of political deliberation. Herodotus, Thucydides, and Polybius suggest how history frames the choices which comparativists must make. Aristotle and Plato demonstrate how to deliberate about conflicting laws and legal regimes. The rhetorician, Isocrates, argues for rhetoric to be brought to bear on the debates about different legal regimes. The Greek dramatists portray the anguish and regret which necessarily follows the final choice among laws. This Hellenic vision of comparative law as deliberative choice is illustrated in the modern debates over a constitution for Iraq, the use of foreign laws in U.S. Supreme Court decisions, the U.S.-European debate over strict liability, and a comparative approach to the issue of abortion

Decommissioning the UKCS: increasing flexibility of approach through proportionate regulation and evidence based practice.

The purpose of this research is to investigate how industry and government can strategically align to improve efficiency and gain environmental benefit from the challenge of decommissioning redundant offshore oil and gas infrastructure, through an alternative evidence-based practice and proportionate regulatory approach. Despite nearly thirty years of periodic decommissioning activity, the regulatory drivers and programme design dynamics continue to be politically driven and not evidence based (Penner, 2001, Bellamy and Wilkinson, 2001 and Pulsipher and Daniel, 2000). Projects are not deliverable as originally agreed in the approved programmes ( BEIS close out reports) and do not maximise the potential benefits to the marine environment of the North Sea ( Jorgensen 2013, Van Der Stap et al, Macreadie et al 2011, Love et al, 2003, and Soldal et al, 2002). Much of the knowledge and experience gained over the past thirty years has not been recorded or archived in any form that would benefit future programmes, and approved decommissioning programmes continue to be audited historically rather than in real time. All stakeholders have a genuine interest and an opportunity to benefit from a regulatory approach that is both evidence-based and proportionate by design. An adopted mixed-methods approach - combining quantitative, qualitative and case study approaches - was used to investigate the current regulatory framework and the resulting decommissioning methods that are employed to achieve compliance. The development and impact of the current decommissioning framework was investigated from both the published literature and the research participants' perspectives. The emerging recommendations for change are based on evidence from this research. This research adds to the body of knowledge on three fronts: theoretical, methodological and practical. Gaps between theoretical compliance demands and deliverability are identified, several evidence-based recommendations are made and an alternative, more flexible framework is proposed. The audit methodology and audit template are significant contributions to practice. The research concludes with key recommendations. The primary recommendation is that the United Kingdom government should implement a fundamental review of the current regulatory framework for offshore decommissioning and consider the evidence base for proposing changes to OSPAR Decision 98/3. The supporting recommendations are: that the derogation limit of 10,000 tonnes should be removed and each project should be assessed on an individual case basis; the UK should initiate the introduction of a "rigs to reefs" programme on the UKCS through a broad stakeholder consultation; the current baseline of a clear seabed, one-size-fits-all approach is not sustainable and a more flexible, proportionate approach should be adopted; specific changes are proposed to the current regulatory framework to increase its proportionality; the audit process needs to be strengthened and focus on invasive audits to increase stakeholder confidence; guidelines provided to industry need to be revised; and the regulator in partnership with industry should develop a decommissioning knowledge bank at the heart of a knowledge transfer system. Taken together, the research and the resulting recommendations have generated a conceptual framework combining strategic, evidence-based decommissioning options with proportionate regulatory practices. This provides both policy makers and industry with a developmental envelope for an alternative framework for future decommissioning in the UK and further afield

A Covert Data Transport Protocol

Both enterprise and national firewalls filter network connections. For data forensics and botnet removal applications, it is important to establish the information source. In this paper, we describe a data transport layer which allows a client to transfer encrypted data that provides no discernible information regarding the data source. We use a domain generation algorithm (DGA) to encode AES encrypted data into domain names that current tools are unable to reliably differentiate from valid domain names. The domain names are registered using (free) dynamic DNS services. The data transmission format is not vulnerable to Deep Packet Inspection (DPI).Comment: 8 pages, 10 figures, conferenc