Competitive Law Research Articles

Competitive adsorption law of multi-component gases during CO2 displacement of CH4 in coal seams

The CO2 enhanced coal bed methane recovery technology provides an excellent way to mitigate the greenhouse effect and energy crisis. The features and mechanism of CO2/CH4 competitive adsorption in the coal rock matrix have a critical impact on the production of CBM. For CO2/CH4 competitive adsorption process components and pressure changes, a multi-component gases competitive adsorption experiment was carried out with CO2 and CH4 binary gases as the study objects, and a multi-component adsorption model was developed by the expanded Langmuir equation. Based on the principles of molecular dynamics and thermodynamics, important parameters such as the average free range of gas molecules and adsorption potential are introduced to explain the competitive adsorption behavior from multiple perspectives and explore the competitive adsorption law of CH4 and CO2 under multiple component conditions, so as to provide some theoretical basis and field guidance for improving the extraction effect of CH4 in coal seams. The results show that: Under two critical conditions (100%CO2 +0%CH4 and 0%CO2 +100%CH4), the Langmuir volumes of CO2 for HN 1/3 coking coal and HL weakly caking coal respectively are 2.21 and 3.01 times higher than those of CH4; the overall adsorption capacity of binary gas is in between the adsorption capacities of both critical conditions and increases with increasing CO2 concentration in the gas source ratio; using E-L equation for binary gas component partitioning, the CH4 partition curves were all below CO2, the concentration of free-phase CH4 was always higher than that in the adsorbed phase, and coal samples had stronger adsorption ability for CO2 than CH4. CO2 has a stronger adsorption potential at the surface for HL weakly caking coal. CH4 has a slightly stronger adsorption potential at the surface for HN 1/3 coking coal. The higher coalification degree of the coal sample, the stronger the adsorption ability for CH4 and the weaker the adsorption ability for CO2. The slope of the overall adsorption curve of multi-component gases is analogous to the slope of the component with a high ratio of gas or strong adsorption capacity; the capacity of one-component adsorption for dual gas is closely related to the partial pressure of the free-phase gas and the separation factor α21. When the concentration ratio of CH4/CO2 in free phase is y2/y1 =α21, the concentration of both gases in adsorption phase is 50%, and α21 correlation is weakened, then the free phase gas partial pressure is dominant and there is a threshold value makes CH4 and CO2 adsorption capacity equal; when y2/y1 <α21, the coal preferentially adsorbs CO2 in the binary gas; when y2/y1 >α21, the coal preferentially adsorbs CH4 in the binary gas.

A study of "undertalkings in difficulty" in the Hungarian SME sector including explanatory variables

The objective of this study is to examine compliance with the definition of „undertaking in difficulty” as identified in EU competitive law in the Hungarian small and medium-sized enterprises sector. The 2019 data of the enterprises were used in the analysis. During the research, „undertakings in difficulty” as per the legal provisions were taken from a sample of about 31,000 companies. The „undertakings in difficulty” were then analysed by geographical area, industry and size. The explanatory variables were identified according to the literature. Classification tree and binary logistic regression were used to reveal the reasons why difficulties had arisen. The models built are highly reliable in predicting the emergence of difficult situations. The key outcome of the research is it has established a set of variables that can describe the emergence of difficult situations.

Molecule Simulation of CH4/CO2 Competitive Adsorption and CO2 Storage in Shale Montmorillonite

The main source of production in the middle and late stages of shale gas extraction is the adsorbed gas in shale, and the adsorbed gas in shale mainly comes from organic matter casein and clay minerals in shale; therefore, this paper uses sodium-based montmorillonite to characterize the clay minerals in shale and study the CH4 adsorption law in clay minerals, and this study has certain guiding significance for shale gas extraction. In addition, this paper also conducts a study on the competitive adsorption law of CH4 and CO2, and at the same time, predicts the theoretical sequestration of CO2 in shale clay minerals, which is a reference value for the study of CO2 burial in shale and is beneficial to the early realization of carbon neutral. In this paper, the slit model of sodium-based montmorillonite and the fluid model of CH4 and CO2 were constructed using Materials Studio software, and the following two aspects were studied based on the Monte Carlo method: Firstly, the microscopic adsorption behavior of CH4 in sodium-based montmorillonite was studied, and the simulations showed that the adsorption capacity of montmorillonite decreases with increasing temperature, increases and then decreases with increasing pressure, and decreases with increasing pore size. CH4 has two states of adsorption and free state in the slit. The adsorption type of CH4 in montmorillonite is physical adsorption. Secondly, the competitive adsorption of CH4 and CO2 in sodium-based montmorillonite was studied, and the simulations showed that the CO2 repulsion efficiency increased with increasing CO2 injection pressure, and the CO2/CH4 competitive adsorption ratio decreased with increasing pressure. The amount of CO2 storage decreased with increasing temperature and increased with increasing CO2 injection pressure.

기업과 기업인에 대한 금융법상의 처벌 규정에 관한 법규범적 검토

Corporate penalty has become an important and much-talked about topic. This Article argues that the provisions on corporate penalty create social costs in excess of its benefits and produce serious problems of over-deterrence. Moreover, some of them could be blamed on their illegitimacy. The Article, in turn, offers an overview of and commentary on the Korea approach to corporate punishment and an analysis of illegitimacy on the focus on financial law provisions. Part I and Part II begin with a discussion of corporate penalty and, in rough form, rules for analysis of illegitimacy on the financial law provisions. Part III examines several proposals in 6 key cases to change corporate penalties in financial laws, and explains why most of these proposals would barely alter the current structure: (i) the double regulation and punishment both by financial law and competitive law, and by financial law and advertisement law, (ii) the violation of the principle of proportionality under the Constitution, (iii) the criminal punishment and the administrative order punishment, (iv) the deficiency of criminal requirement and the principle of legality, (v) the appointment of chief privacy officers in financial institutions, and (vi) the penalty on joint penal provisions. Part IV addresses a conclusion of the Article. A close look at the such cases reveals a violation of the Constitution most of the time. For this reason, the special task force team by the Government recently organized is expected to take care of all possible problems in corporate penalty and punishment.

Defective Subviral Particles Modify Ecological Equilibria and Enhance Viral Coexistence

Cooperation is a main driver of biological complexity at all levels. In the viral world, gene sharing among viral genomes, complementation between genomes or interactions within quasispecies are frequently observed. In this contribution, we explore the effects of flexible associations between fully fledged viruses and subviral entities, such as virus satellites, in viral dynamics and, in particular, in stable viral coexistence. We devise a mathematical model to compare different situations of competition between two viruses and to quantify how the association with a satellite qualitatively modifies dynamical equilibria. The relevant parameter is the invasion fitness of each virus or of the virus-satellite tandem, which in the model depends on the transmission rate of viruses and on their effect on host survival. In a virus-virus competition, one of the viruses becomes eventually extinct, recasting the competitive exclusion law of ecology. However, an association with a satellite might change the outcome of the competition in two ways, either to favor the less competitive virus (regardless of whether it is the helper virus or not) or to allow for the stable coexistence of the two viruses and the satellite. The virus-satellite association differs from other mechanisms proposed in ecology to date to enhance species coexistence. We hypothesize that such an association constitutes a parsimonious evolutionary pathway towards more stable cooperative associations, such as bipartite viral forms, a collaborative association unique to viruses.

Bifunctional Oxidation Catalysis of New Titanium-Silicon Molecular Sieve (HTS-1) Based on the Reaction of Allyl Alcohol and Hydrogen Peroxide

The HTS-1 (Hollow Titanium silicalite molecular sieve) catalyst with bifunctional catalysis showed superior catalytic activity in the epoxidation of olefins and the oxidation of alcohols. The competitive oxidation law of enols in the HTS-1/H2O2 oxidation system was studied. The effects of various reaction conditions, such as the reaction temperature, solvent, catalyst type, and the amount of additive, were examined. The results indicated that the HTS-1 catalyst preferentially catalyzes AA epoxidation to produce glycidol (GLY) efficiently and selectively using polar proton solvent and proper temperature. Using alkaline additives can greatly improve the catalytic activity of HTS-1 and selectivity of glycidol. Under optimal conditions, the conversion of AA can rate to 77%, and the selectivity of GLY can also achieve 91%.

A Comparative Study of China&amp;#39;s Competition Law and Cameroon&amp;#39;s Competition Law; With Specific Regards to Challenges in the Implementation of Competition Law in China and Cameroon

This study aims to investigate and compare the competition laws of Cameroon and China, with a focus on the limitations and constraints of competition law implementation in Cameroon and China. By comparing the Competition Laws of China and Cameroon, the research intends to determine whether there are any limits in the implementation of Competition Law in Cameroon and China. To examine and get results for the research&amp;rsquo;s many goals and objectives, this study uses qualitative data analysis. Competition legislation has had a considerable impact on China&amp;#39;s economy in recent years, and it will eventually have an impact on trade policies that are directly tied to the international market. During our research, we discovered that competition law regulations have an impact on national and international trade in each country. And we realized that Cameroon&amp;#39;s competitiveness policies are in some ways behind the times in the twenty-first century.&#x0D; &#x0D; As a result, there is a growing need to look into the divergence between China&amp;#39;s competition law and Cameroon&amp;#39;s competition law in order to assist Cameroonian competition law authorities in updating and making structural changes to Cameroon&amp;#39;s competition legislation. These revisions will improve Cameroon&amp;#39;s national and international trade policies, but they will have a substantial influence on the country&amp;#39;s current economy. There may be some takeaways for China&amp;#39;s competitive law policymakers as well. There is no academic work of this kind after a vast range of research, and this will be a wonderful opportunity to introduce creative work to this academic sector. The Anti-Monopoly Law of China has greatly evolved in the past years and there has been amendments and structural adjustments in the past years, which is very great, because Competition Law plays a great role in the economic progress of each country. As a result, the purpose of this study is to identify any obstacles to the implementation of Cameroon&amp;#39;s Competition Law (Law No.98/013 of 14 July 1998) and China&amp;#39;s Anti-Monopoly Law (2008).

A product of prestige?: “Race unknown” and competitive admissions in the United States

Policy researchers have difficulty understanding stratification in enrollment in US higher education when race and ethnicity data are plagued by missing values. Students who decline to ethnoracially self-identify become part of a “race unknown” reporting category. In undergraduate enrollment, “race unknown” students are not randomly distributed and are highest among the most selective universities. In this “Policy Research Note,” we investigate these patterns at US law schools to understand if they are driven by selectivity. We find that the most competitive law schools, on average, report 8% of their students are race unknown, double the rate of other law schools. We argue that race unknown enrollment cannot be ignored when studying ethnoracial enrollments in higher education because it varies systematically by institutional type and may mask actual rates of ethnoracial diversity. We posit that the race unknown category is likely produced by a combination of individual and institutional processes. Individual applicants may resist disclosing their ethnoracial identities, perhaps because of a perceived threat to their chances of admission. Additionally, institutional actors may willfully ignore race unknown students (not following up upon enrollment) because this category may enhance the appearance of campus diversity by diminishing the percentages of students in over-represented ethnoracial groups. In this way, high rates of race unknown students may be a product of prestigious and highly competitive educational processes.

Trust and reasonable expectations in contracts — values that always matter (from the perspective of Polish private law)

Will a situation where the “competitive contract law” is developing alongside the classical contract law inevitably lead to a clash of these two contractual worlds? It has been suggested that there is a kind of “competition” between modern contract law and the classical one, with the final result seen in terms of a zero-sum game. The alternative is to perceive this phenomenon not as a “competitive arena” but a “cooperative one” (with a win-win result). By analogy to architecture, it means a peaceful refurbishment, where the foundation is preserved and the rest can be rebuilt in such a way that the whole construction will be solid and serve for decades. Some institutions of traditional contract law, altogether with their traditional functions, create elements that can make the whole construction stable and impervious to unforeseen and atypical situations. This article takes a close look at the three mechanisms present under the provisions of Poland’s Civil Code, namely interpretation (Article 65), supplementation (Article 56) and setting out obligations according to due performance (Article 354), which are based on traditional contract criteria, namely trust and reasonable expectations. The perspective of Polish law is presented with some references to Chinese law and culture, as this helps show that certain traditional criteria are recognised and do matter in different legal cultures. These traditional criteria of a contextual nature determine the meaning and content of contracts in almost every legal order and in model law. They can be seen as the elements that strengthen and stabilise the whole construction of contract law. The author raises the question whether nowadays a serious surgical intervention to the extent of contract law is necessary, or whether a delicate face-lifting would be sufficient (if at all). This question refers mainly to trust as a soft but crucial contractual tool at each contracting stage. The article presents the approach whereby trust (in particular), when acting as a unilaterally understood functional instrument, can reconcile the world of traditional contract law with the modern one. In other words, trust is recognised as a vital element connecting not only different legal cultures, but also traditional contract law with the modern one.

On Veblenian waste and Polanyian protective responses: Evidence from the US

As capitalism unfolds, continual technological advance in combination with the relentless accumulation imperative serves to amplify material progress. The institutionalization of the market fundamentally changes the structure of society and the institutional structure through which individuals are socialized; the socialization process becomes increasingly accommodating to the intensifying marketplace. The social dislocation generated by the intensification of the market, prompts Polanyi?s protective response. Despite this intensification of the market setting, the existence of the economic surplus fund undermines the syllogistics of market determined pricing. Evidence of the economic surplus and that the competitive law of value is not operable within monopoly capitalism is found in the thriving lobby industry and generous campaign contributions. This research seeks to connect explicitly the concepts of Polanyi?s protective response with Veblenian waste and the economic surplus in order to better understand how the irrational system of neoliberalism continues to evolve.

Unfair Competition Issues of Big Data in China

The sound development of the market in the data-driven economy depends on the free and fair competition of big data in the industries. Since 2015, more and more unfair competition cases concerning big data have occurred in China, such as masking advertisement, click fraud, malicious incompatibility, and gathering user’s personal data from competitors by unfair means, which can be categorized to unfair competition about illegal collection/use of competitors’ big data and about network traffic. Whether China’s current legal system of anti-unfair competition can resolve the above-mentioned disputes is concerned in this article. As the Paris Convention only regulates the basic principles of “fairness” and “honest practice” for anti-unfair competition, member states have room to develop their own legal systems according to their special economic, social and cultural conditions. In order to usher in the era of digital economy and big data and to regulate more and more unfair competition events, China amended the Anti-Unfair Competitive Law in 2017 in which a new provision for regulating the operation of e-commerce was added. This article finds that the 2017 Amendment, which is far more specific and clearer than the Paris Convention, has significantly improved China’s ability to deal with unfair competition behaviors regarding big data. However, since the patterns of unfair competition in big data are changing and “innovating” quickly and constantly, law amendments will hardly or even never catch up with the changes, so judgement of unfair competition is inherently difficult. The court cannot determine that a company constitutes unfair competition simply because its business operations have substantially reduced the performance or operating effectiveness of its competitors. When judging whether an enterprise’s competitive behavior constitutes unfair competition, no matter the court is applying one of the specific provisions or the general provision, it is essential to consider whether the enterprise has malicious and dishonest practices.

Конкурентное право: итоги дискуссии и решение Президиума Высшей аттестационной комиссии при Минобрнауки России

Конкурентное право: итоги дискуссии и решение Президиума Высшей аттестационной комиссии при Минобрнауки России

Healthier Standards for School Meals and Snacks: Impact on School Food Revenues and Lunch Participation Rates.

In 2012, the updated U.S. Department of Agriculture school meals standards and a competitive food law similar to the fully implemented version of the national Smart Snack standards went into effect in Massachusetts. This study evaluated the impact of these updated school meal standards and Massachusetts' comprehensive competitive food standards on school food revenues and school lunch participation. Revenue and participation data from 11 Massachusetts school districts were collected from 2011 to 2014 and analyzed in 2015 using multilevel modeling. The association between the change in compliance with the competitive food standards and revenues/participation was assessed using linear regression. Schools experienced declines in school food revenues of $15.40/student in Year 1 from baseline (p=0.05), due to competitive food revenue losses. In schools with 3 years of data, overall revenues rebounded by the second year post-implementation. Additionally, by Year 2, school lunch participation increased by 15% (p=0.0006) among children eligible for reduced-price meals. Better competitive food compliance was inversely associated with school food revenues in the first year only; an absolute change in compliance by 10% was associated with a $9.78/student decrease in food revenues over the entire school year (p=0.04). No association was seen between the change in compliance and school meal participation. Schools experienced initial revenue losses after implementation of the standards, yet longer-term school food revenues were not impacted and school meal participation increased among children eligible for reduced-price meals. Weakening the school meal or competitive food guidelines based on revenue concerns appears unwarranted.

The Transformation of Private Law Through Competition

AbstractThis paper traces the changing role of competition and its effects on private law in three different stages of the Internal Market project: (1) the promotion of competition in the original Internal Market both via contracts (competitive contract law) and through competition among legal orders (Common European Sales Law); (2) the suspension of competition in the face of financial crisis; and (3) the revitalisation of competition in the Digital Single Market. Private law—broadly understood as regulatory private law—is being deployed to achieve competing, if not conflicting, policy goals. At this stage, it is not possible, nor would it be desirable, to provide a coherent account of these phenomena. Clear‐cut overarching values cannot be identified either. Transformation through competition is just another take on European experimentalism.

Groundhog Day 1L Edition: Coloring Mandalas to Relieve Secondary Stress

By the end of the first semester of law school, in addition to suffering from grading fatigue, writing and academic success professors are often exhausted from carrying students’ stresses, either self-imposed stress or externally adapted stress resulting from the competitive law school environment. In taking care of students, holding their stress, and caring for their fears about grades, we internalize our own stress and develop Compassion Fatigue. I discuss the symptoms of Compassion Fatigue and suggest some ways we can help ourselves and our co-workers to abate our Compassion Fatigue both to recharge and to sustain our effectiveness.

Neoliberalism, Polanyi’s Protective Response, and Veblenian Waste

:As capitalism unfolds, continual technological advance — in combination with the relentless accumulation imperative — serves to amplify material progress. The expanding economic sphere begins to pervade the everyday lives and thinking of the individual. The institutionalization of the market fundamentally changes the structure of society and, in so doing, fundamentally changes the institutional structure through which individuals are socialized. The social dislocation generated therein prompts Karl Polanyi’s protective response. Despite this market intensification, the existence of the economic surplus undermines the syllogistics of market-determined pricing. Evidence of the economic surplus and Veblenian waste as well as of the fact that the competitive law of value is not operable under neoliberalism is found in the lobby industry and campaign contributions. This research seeks to explicitly connect the concepts of Polanyi’s protective response with Veblenian waste and the economic surplus in order to better understand how the irrational system of neoliberalism continues to evolve.

Advantages and Disadvantages of the Single European Patent / Prednosti in slabosti enotnega evropskega patenta

Abstract In February 2013, the European Union successfully completed more than 30 years of negotiations and formally signed an agreement establishing a single European patent. The agreement brought about a more competitive patent law compared with that in the United States and Japan. The agreement resulted in a number of advantages, especially for small and medium-sized enterprises, such as the reduction of costs by as much as 80%, simplification of procedures, and the adoption of the Unified Patent Court. With the new unitary patent, intellectual property will grow in importance. Yet experts warn that the new patent results in new forms of unwanted behavior, such as forum shopping and the emergence of patent trolls. This study presents both sides-the pros and cons-to predict the effects on business and cover the widest possible range of experts, providing their views on the topic.

Biomechanical and performance implications of weapon design: comparison of bullpup and conventional configurations.

Shooter accuracy and stability were monitored while firing two bullpup and two conventional configuration rifles of the same caliber in order to determine if one style of weapon results in superior performance. Considerable debate exists among police and military professionals regarding the differences between conventional configuration weapons, where the magazine and action are located ahead of the trigger, and bullpup configuration, where they are located behind the trigger (closer to the user). To date, no published research has attempted to evaluate this question from a physical ergonomics standpoint, and the knowledge that one style might improve stability or result in superior performance is of interest to countless military, law enforcement, and industry experts. A live-fire evaluation of both weapon styles was performed using a total of 48 participants. Shooting accuracy and fluctuations in biomechanical stability (center of pressure) were monitored while subjects used the weapons to perform standard drills. The bullpup weapon designs were found to provide a significant advantage in accuracy and shooter stability, while subjects showed considerable preference toward the conventional weapons. Although many mechanical and maintenance issues must be considered before committing to a bullpup or conventional weapon system, it is clear in terms of basic human stability that the bullpup is the more advantageous configuration. Results can be used by competitive shooter, military, law enforcement, and industry experts while outfitting personnel with a weapon system that leads to superior performance.

Competing with Ourselves: Supply-side Competition for Corporate Charters in Canada

This article considers the Canadian interjurisdictional corporate law framework and assesses whether, from a supply side, there is a competitive market for corporate charters in Canada. The article considers two opposing views on whether Canadian corporate law jurisdictions compete with each other and discusses political, legal, and institutional barriers to competitive corporate law production in Canada. Corporate law reform in Quebec, specifically the development of the Quebec Business Corporations Act, is examined as an example of how barriers to corporate competition can be overcome.

From Both Sides Now: The Job Talk’s Role in Matching Candidates with Law Schools

In the heavily competitive law school teaching job market, the so-called “job talk” has assumed increasing importance in the ultimate hiring decision. Nevertheless, there is little published information to assist a law school faculty in structuring or evaluating the job talk and a similar paucity of information for candidates to guide them in creating and preparing for the presentation of their talk. This article is intended to fill that void. The article guides the preparation of faculty and candidates for both the job talk itself and for the crucial Q&A period that follows the talk. The article represents the authors’ collective 87 years of experience seeing both successful and unsuccessful job talks, as well as the experience of 15 colleagues around the country who reviewed our initial draft and commented on it from the perspective of their various law schools.