Default Rules Research Articles

Sistem Monitoring Tanaman Cerdas Menggunakan Wireless Sensor Network dan Evolutionary Fuzzy Association Rule Mining

Plant conditions monitoring requires specific knowledge in agriculture. The knowledge includes decision support to describe between good (ideal) and bad conditions from each different plant. Fuzzy rules capable to describes plants bio signal in form of fuzzy membership function that usable for decision support. To simplify the decision support process , this research proposes the design and development of the smart monitoring system of plant conditions based on wireless sensor networks (WSN) and evolutionary fuzzy association rule mining (EFARM). Plant condition monitoring is carried out through sensors input by WSN and decision support algorithm is carried out by EFARM. The proposed method aims to be carried out on a sensor network with supervised learning from training data. The dataset will only be used to create default fuzzy membership functions and rules. Detailed optimization and classification of conditions will be carried out using the evolutionary process by tree based rule extractor from Genetic Programming (GP). The Evaluation has been carried out using three raspberry pi used as EFARM processor and storage, which separated into one central processor and two partial processor for two plants, Cactus and Orchid. The simulation results show that the proposed method is able to extract rules from both plants and is able to measure significant differences between plants.

Spousal Contracts and Choice Theory

Contract is one of the key tools liberal law employs in the service of its core mission of enhancing people’s autonomy, and choice theory conceptualizes this task as contract’s telos. It thus prescribes three principles – proactive facilitation, regard for the future self, and relational justice – for guiding the legal constitution of contract law in all spheres of human interaction. Spousal contracts are no exception. Thus, the law governing intimate agreements both allows people to adjust the default rules governing their marital estates and provides people off-the-shelf options for structuring their interpersonal interaction as a spouse. In turn, the law of marital contracts ensures that free exit from marriage is, as it should be, immutable. Finally, relational justice guides, albeit still imperfectly, both law’s normative defaults for marital contracts and the rules that govern premarital, marital, and cohabitation agreements.

Knowledge of Maltese singular\u2013plural mappings

Which factors determine the choice of a plural allomorph for a new singular form? Are regular mappings stored differently from irregular mappings? Do native speakers only rely on analogical mappings to inflect novel word forms or do they use rules? To answer these questions we used data from Maltese, a language with a split morphology, which has a rich and variable set of concatenative and non-concatenative plural patterns.We conducted a production experiment, in which we investigated the mapping of a singular onto a plural. We show that this is driven by an interplay between the similarity of novel singular forms with existing singular words and their corresponding plural forms. Moreover, knowledge of the frequency of the plural patterns in the mental lexicon serves as a basis for generalization to novel words. Our results support an analogical model of morphological processing. We do not find evidence that native speakers use default rules.

Application of evolutionary algorithm in performance optimization of embedded network firewall

With the development of the network, the problem of network security is becoming increasingly serious. The importance of a firewall as the "first portal" to network security is obvious. In order to cope with a complex network environment, the firewall must formulate a large number of targeted rules to help it implement network security policies. Based on the characteristics of the cloud environment, this paper makes in-depth research on network security protection technology, and studies the network firewall system. The system implements unified configuration of firewall policy rules on the cloud management end and delivers them to the physical server where the virtual machine is located. Aiming at the characteristics of virtual machines sharing network resources through kernel bridges, a network threat model for virtual machines in a cloud environment is proposed. Through analysis of network security threats, a packet filtering firewall scheme based on kernel bridges is determined. Various conflict relationships between rules are defined, and a conflict detection algorithm is designed. Based on this, a rule order adjustment algorithm that does not destroy the original semantics of the rule table is proposed. Starting from the matching probability of the rules, simple rules are separated from the default rules according to the firewall logs, the relationships between these rules and the original rules are analyzed, and the rules are merged into new rules to evaluate the impact of these rules on the performance of the firewall. New rules are added to the firewall rule base to achieve linear firewall optimization. It can be seen from the experimental results that the optimization strategy proposed in this paper can effectively reduce the average number of matching rules and improve the performance of the firewall.

Analysis of hidden Markov model learning algorithms for the detection and prediction of multi-stage network attacks

Hidden Markov Models have been extensively used for determining computer systems under a Multi-Stage Network Attack (MSA), however, acquisition of optimal model training parameters remains a formidable challenge. This paper critically analyses the detection and prediction accuracy of a wide range of training and initialisation algorithms including the expectation–maximisation, spectral, Baum–Welch, differential evolution, K-means, and segmental K-means. The performance of these algorithms has been evaluated, both individually and in a hybrid approach, for detecting all the states and current state, and predicting the next state (NS), and the next observation (NO) of a given alert observation sequence. For generating this alert sequence, the Snort signature-based intrusion detection system was utilised, using either bespoke or default rules, to raise alerts while examining the DARPA 2000 MSA dataset. The investigation also sheds further light on alternative approaches for forecasting the possible NS and NO in an MSA campaign, as well as, the impact of window size on the prediction performance for all analysed techniques. The results and discussion emphasise on the appropriateness of various techniques for the prediction of NS and NO. Furthermore, NO prediction accuracy has indicated a performance increase of up to 44.95% in the proposed hybrid approaches.

Voluntades digitales en caso de muerte = Digital wills in case of death

La actividad cotidiana de cualquier persona deja hoy “rastro digital”. Esto obliga a plantear: ?Que ocurre con nuestro “rastro digital” cuando morimos? ?Puede la persona prever algo al respecto? El hecho de que en el “rastro digital” puedan verse involucrados tanto aspectos de caracter neta­mente personal como patrimonial, determina que la aproximacion al “rastro digital” dejado por la per­sona al fallecer pueda hacerse: o bien desde una perspectiva eminentemente patrimonial-sucesoria, de la gestion y/o el destino del patrimonio digital; o bien desde una perspectiva eminentemente personal, de la proteccion post mortem de la intimidad/privacidad y/o de los datos personales tanto del fallecido como de terceros. Este doble enfoque se refleja en la practica y tambien en la legislacion comparada, europea y norteamericana. Mas concretamente, es esta una materia en la que confluyen cuestiones de Derecho de sucesiones, de Derecho contractual y de Derecho de la persona –en particular, relativas a la proteccion de datos personales y a la proteccion de la intimidad/privacidad postuma y de terceros–. Asi, por lo que respecta al punto de vista patrimonial, si bien en principio no es posible hablar de la “heren­cia digital” como algo distinto de la “herencia analogica”, ello no obsta a que deban tenerse en cuenta ciertas especificidades que rodean y/o afectan a ciertos “bienes digitales”, en algun caso tributarias del Derecho de contratos. En este contexto, la persona puede ordenar sus “voluntades digitales”, previendo disposiciones sucesorias (nombrando “sucesores digitales”) y/o no sucesorias (ya sea designando “albacea/s digital/ es” o bien quien va a poder actuar en relacion a la proteccion de sus datos personales y/o al ejercicio de las acciones de proteccion civil del honor, la intimidad o la imagen). Por lo que respecta a la legislacion espanola, la Ley catalana 10/2017, de 27 de junio, de las volun­tades digitales, adopta una perspectiva esencialmente patrimonial, previendo la posibilidad de designar un “albacea digital” para que actue ante los prestadores de servicios digitales con los que el causante tenga cuentas activas. El hecho de que la norma catalana se muestre plenamente respetuosa con el con­tenido del contrato suscrito entre el usuario fallecido y el prestador de servicios contrasta con las solu­ciones adoptadas al respecto en otros ordenamientos. Por otra parte, la regla por defecto de no acceso al “contenido” de las cuentas y archivos digitales, salvo que el causante lo haya establecido o se obtenga autorizacion judicial, aproxima la Ley catalana a lo previsto en otros sistemas. En la Ley Organica 3/2018, de 5 de diciembre, de Proteccion de Datos Personales y garantia de los derechos digitales, confluyen tanto el enfoque personal –de la proteccion de datos de las personas fallecidas–, como el patrimonial –relativo a los “contenidos digitales”– (en el mal llamado “testamento digital”). Esta ley parte de la regla de acceso por defecto a los contenidos digitales o a los datos perso­nales del fallecido, y establece una legitimacion muy amplia en cuanto a facultades y demasiado extensa en cuanto a personas legitimadas, sin establecer prelacion alguna entre ellas. Esto, que puede generar problemas en la practica, contrasta con lo previsto en la Ley catalana y en otras legislaciones de nuestro entorno. La Ley Organica 3/2018 se revela, asi, mas como una ley de desproteccion de datos y de con­tenidos digitales, que no de proteccion de los mismos.

NEW HAMPSHIRE LOTTERY COMMISSION v. BARR, BRIEF OF AMICI CURIAE COALITION TO STOP INTERNET GAMBLING AND NATIONAL ASSOCIATION OF CONVENIENCE STORES IN SUPPORT OF DEFENDANTS-APPELLANTS AND SUPPORTING REVERSAL No. 19-1835 (1st Cir. Dec. 24, 2019)

NEW HAMPSHIRE LOTTERY COMMISSION v. BARR, BRIEF OF AMICI CURIAE COALITION TO STOP INTERNET GAMBLING AND NATIONAL ASSOCIATION OF CONVENIENCE STORES IN SUPPORT OF DEFENDANTS-APPELLANTS AND SUPPORTING REVERSAL No. 19-1835 (1st Cir. Dec. 24, 2019)

Limits of Personalization of Default Rules – Towards a Normative Theory

Some scholars today praise a “personalization of the law” due to new technological possibilities such as algorithmic analysis of Big Data. Especially default rules seem to be particularly apt for personalization, because they are – at first glance – supposed to mirror what the parties would have wanted. This article aims to unveil the limits of preference-based personalization of default rules. In the first part, I attack default rule personalization on theoretical grounds. I analyze the theoretical underpinnings of default rule personalization, which I describe as “empirical subjectivism,” and I challenge this position with arguments from classical and behavioral law and economics. I thereby develop a different explanatory model: “normative objectivism.” The arguments presented also provide new insights of default rule analysis which are valid well beyond the personalization debate. The “default rule paradox,” “pushing and pulling default rules,” and default rules as “property rules” and as “rules of civility” are some examples. In the second part, I attack default rule personalization on constitutional grounds with particular focus on the United States and Germany. So far, neither default rules nor personalization have received a detailed analysis based on constitutional principles. My article provides this analysis with regard to the principles of freedom and equality. I show how personalization limits freedom in the private and public sphere, because the so-called choice- or agency-dimension of freedom will be significantly limited. In broader terms, the paternalistic tendencies of personalization will trigger a shift from “entrepreneur” and “citizen” to “consumer.” Economically, this shift will be accompanied by a shift from capitalism to what I call “micro-socialism.” With regard to the principle of equality, I analyze how personalization leads to inequality by distinguishing “intra-preference-classifications” and “inter-preference-classifications.” I then present justification problems, especially in the domain of strict and intermediate scrutiny, of preference-based personalization. Finally, I sketch out how personalization would dissolve the essence of the principle of equality and thereby trigger a shift “from contract to contact” or “from association to accumulation,” which is no less important than the older shift “from status to contract” or “from community to association.” Again, those shifts reflect – in economic terms – the advent of “micro-socialism.” A brief conclusion will point to some potentials of personalization, for instance with regard to information disclosure. In sum, the article combines different discourses around default rules, personalization, and constitutional law, and thereby provides new insights in each of them.

The Allocation of Patent Ownership in R&D Partnerships: Default Rules v. Contractual Practices

Due to the increased complexity of new technologies and rapid technological developments, organisations often cannot independently keep up with the technological progress and engage in open innovation activities by setting up R&D partnerships. The allocation of patent ownership of jointly developed inventions is a difficult issue during the negotiations of such partnerships and can be extremely problematic due to the lack of regulation and harmonisation of patent legislation. This entails the need to consult a considerable number of legal systems that may be involved in large-scale international partnerships. The difficulties in allocating ownership can also arise due to non-legal reasons, such as diverging business interests. While many patent systems suggest co-ownership as a default regime, in practice organisations often avoid it due to the complexity related to further joint exploitation. The principle of freedom of contract allows organisations to establish their own applicable rules governing the allocation of ownership and exploitation of jointly developed inventions. Those rules provide more flexibility, but also imply some transaction costs in designing contracts. In this paper I examine why certain default rules are not “sticky” and whether it would be possible to establish a default rule accepted by the majority of the negotiating parties.

LLC Default Rules Are Hazardous to Member Liquidity

This article is based on the author’s Keynote Address at the 2019 LLC Institute sponsored by the American Bar Association’s Business Law Section. It traces and critiques the shift in the default rules in LLC law away from partnership law and toward corporate law, using the Uniform LLC Acts of 1996 and 2006 as exemplars of the national trend. It focuses on two key issues: the removal of liquidity rights, both the right to dissolve and the right to be bought out, and the removal of easy access to member remedies. It argues that, on both key issues, the default rules have moved away from enforcing the presumed intent of small groups of entrepreneurs who form businesses without the benefit of counsel. By forming LLCs, entrepreneurs across the country are now unwittingly locking themselves in to perpetual entities that offer them no liquidity and present them with costly procedural obstacles to enforcing both their rights under the operating agreement and their statutory rights.

Human-Focused Turing Tests: A Framework for Judging Nudging and Techno-Social Engineering of Human Beings

This article makes two major contributions. First, it develops a methodology to investigate techno-social engineering of human beings. Many claim that technology dehumanizes, but this article is the first to develop a systematic approach to identifying when technologies dehumanize. The methodology depends on a fundamental and radical repurposing of the Turing test. The article develops an initial series of human-focused tests to examine different aspects of intelligence and distinguish humans from machines: (a) mathematical computation, (b) random number generation, (c) common sense, and (d) rationality. All four are plausible reverse Turing tests that generally could be used to distinguish humans and machines. Yet the first two do not implicate fundamental notions of what it means to be a human; the third and fourth do. When these latter two tests are passed, we have good reason to question and evaluate the humans and the techno-social environment within which they are situated. Second, this article applies insights from the common sense and rationality tests to evaluate the ongoing behavioral law and economics project of nudging us to become rational humans. Based on decades of findings from cognitive psychologists and behavioral economists, this project has influenced academics across many disciplines and public policies around the world. There are a variety of institutional means for implementing to improve human decision making in contexts where humans tend to act irrationally or contrary to their own welfare. Cass Sunstein defines nudges more narrowly and carefully as low-cost, choice-preserving, behaviorally informed approaches to regulatory problems, including disclosure requirements, default rules, and simplification. These approaches tend to be transparent and more palatable. But there are other approaches, such as covert nudges like subliminal advertising. The underlying logic of nudging is to construct or modify the choice or the environment within which humans make decisions. Yet as Lawrence Lessig made clear long ago, architecture regulates powerfully but subtly, and it can easily run roughshod over values that don’t matter to the architects. Techno-social engineering through (choice) architecture is rampant and will grow in scale and scope in the near future, and it demands close attention because of its subtle influence on both what people do and what people believe to be possible. Accordingly, this article evaluates nudging as a systematic agenda where institutional decisions about particular nudges aggregate and set a path that entails techno-social engineering of humans and society. The article concludes with two true stories that bring these two contributions together. Neither is quite a story of dehumanization where humans become indistinguishable from machines. Rather, each is an example of an incremental step in that direction. The first concerns techno-social engineering of children’s preferences. It is the story of a simple nudge, implemented through the use of a wearable technology distributed in an elementary school for the purpose of encouraging fitness. The second concerns techno-social engineering of human emotions — the Facebook Emotional Contagion Experiment. It is not (yet) a conventional nudge, but it relies on the underlying logic of nudging. Both can be seen as steps along the same path.

Healthy Data Protection

Healthy Data Protection

Resolving Business and Human Rights Disputes – Is Arbitration the Way to Go?

The insufficient level of protection afforded to human rights violations caused by business-related activities of multinational enterprises has recently begun to garner increased attention. On an intergovernmental level, the elaboration of an internationally binding treaty regulating the activities of transnational corporations is underway. States have also taken initiatives on a national level to reflect their commitment in implementing the UN Guiding Principles on Business and Human Rights. In both respects, much work remains ahead. Against this background, a group of prominent lawyers have suggested the use of arbitration as an alternative venue for resolving business and human rights disputes. After a span over five years of concept elaboration, public consultation and drafting, the idea has materialised in the creation of the Hague Rules on Business and Human Rights Arbitration (the Hague Rules or Rules), which were officially launched on 12 December 2019. This paper aims to take stock of the proposed Rules and the context of their appearance and examine if arbitration is a suitable medium for resolving business-related human rights infringements. In doing so, it discusses the legal framework governing the confluence of business and human rights as well as the features which speak both in favor and against arbitration as a means of settling business-related human rights disputes. The provisions of the Hague Rules are addressed in detail, particularly where default rules where tailored to better respond to the needs of human rights disputes. The paper concludes with an assessment of arbitration’s potential to ensure protection and enforcement of human rights in international business and reflects whether the Rules are robust enough to empower victims in this endeavor.

'Sorry, It’s My Bad, but You’re Still Fired--& Have No Case': The Honest Belief Defense in Employment Law

'Sorry, It’s My Bad, but You’re Still Fired--& Have No Case': The Honest Belief Defense in Employment Law

It’s the End of Working Time as We Know It: New Challenges to the Concept of Working Time in the Digital Reality

This article strives to unpack the concept of labour time in the digital reality. It does so by exploring the apparent gap between de jure notions of work and rest times, especially in Canada, and the way that people conduct their work time de facto given the technological advancements that enable them to work from a distance. These recent challenges to the notion of working time have led to two main proposals of regulation. The first aims to return to the classical concept of working time and to restrict the working schedule. The other aims to celebrate the new technological capabilities to conduct work anytime and anyplace and disregards the dominant role of time in labour law. This article argues that these opposing models provide only partial solutions and both suffer from crucial deficiencies: they either ignore the dramatic changes in the world introduced by digital technology, or worse, they ignore the basic idea and purposes of labour rights. Based on this struggle between labour law and technology, this article suggests a new paradigm for working time regulation—one which brings together the logic and structure of the new flexible online world with the basic principles of labour rights. This article thereby proposes default rules that provide basic protection to the employee and retain the idea that employees should be compensated for their actual working time and enjoy genuine rest time during the workday. This protection is enabled through the format and logic of information communication technology. At the same time, this article suggests that the default rules will also enable the parties to negotiate and agree on the financial value of additional working hours, in a way that takes into account the new possibilities of the digital age along with the purposes of labour rights.

Corporate Restructuring under Relative and Absolute Priority Default Rules: A Comparative Assessment

The European Union recently adopted a Restructuring Directive intended to facilitate the reorganization of insolvent and other financially troubled firms. Although the central goal of the Directive parallels that of Chapter 11 of U.S. bankruptcy law — to protect and maximize the value of financially distressed but economically viable enterprises by consensually reorganizing their capital structure — the Directive introduces an innovative but controversial option: that EU Member States can decree that reorganization negotiations should be subject to a relative priority default rule, in contrast to the type of absolute priority default rule used by Chapter 11. EU officials argue that relative priority is not only fair but also provides the flexibility that is needed pragmatically to restructure a troubled firm. This article explains why relative priority inadvertently can undermine the incentives needed to achieve a successful restructuring, and why absolute priority provides a more effective default rule for reaching a negotiated consensus. Additionally, the article illustrates why the Directive’s standard not only may be unfair to creditors but also might discourage debt investments in the European Union.

DEFAULT RULES AND PRIVATE ALTERATIONS - Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties. By John Witte Jr. Cambridge: Cambridge University Press, 2019. Pp. 454. $130.00 (cloth). ISBN: 9781316882542.

DEFAULT RULES AND PRIVATE ALTERATIONS - Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties. By John Witte Jr. Cambridge: Cambridge University Press, 2019. Pp. 454. $130.00 (cloth). ISBN: 9781316882542. - Volume 34 Issue 3

Letter to the Journal The Default Rule of the Immunity of International Organizations: Budha Ismail Jam, et al., Petitioners v. International Finance Corporation

Letter to the Journal The Default Rule of the Immunity of International Organizations: Budha Ismail Jam, et al., Petitioners v. International Finance Corporation

Regulating the Crypto World - New Developments from France

After the ICO frenzy in 2017 and the turmoil of cryptocurrencies in 2018, will 2019/20 be the year of wisdom where regulators finally accept that it is neither desirable to leave this sphere unregulated nor is it recommended to artificially push it into legal categories that have been conceived for a centralized world and are not necessarily adapted to a distributed environment? Facebook’s release of its white paper on its native currency Libra on 18 June 2019, which has already provoked a lot of reaction from regulators, is likely to be a wake-up call for regulating this evolving environment. But regulating such an evolving and borderless environment is not easy. Fintech and particularly blockchain have a tendency to challenge the scale, scope and the speed of traditional financial system. Through blockchain it is now possible to tokenize almost any asset or right and to transfer and trade it easily. The scope of finance broadens and its borders become blurred. This poses particular challenges for regulators. On the one hand, they need to grasp this evolving environment and its implications for investor protection and financial stability. Regulating this continuously-developing and still quite recent ecosystem too quickly risks hampering its evolution and potential. Regulating it in a disparate way at a national level might favor regulatory arbitrage. On the other hand, regulators cannot let this environment evolve without scrutiny and wake up someday to a private currency like the one considered by Facebook. Furthermore, there are already existing risks favored by the anonymity or at least pseudonimity of crypto-assets, like anti-money laundering (AML) issues, combatting the financing of terrorism (CFT) or general crime, that need to be addressed. However, the ubiquitous nature of blockchain and distributed ledger technology (DLT) poses some challenges for regulators. Thus, the regulatory approach is to target the gatekeepers who allow physical and legal persons to access this environment. Most of the time these service providers are easy to identify. This is precisely what France has tried to do. For better or for worse, France for once did not wait for a wake up call. It enacted a new genre of regulation through a law voted on 22 May 2019 (the ‘PACTE’ law). Putting to one side the preferences of the European regulator, France decided to provide for an optional visa for Initial Coin Offerings (“ICO”) and a mix of mandatory registration for some intermediaries coupled with a voluntary license for all intermediaries. This optional regime (or so it seems) is a new type of regulation: neither totally soft law, nor a default rule, nor totally hard law. Most provisions require an opt-in but once the option is exercised, there are constraining rules that will apply. This carrot and stick method smartly combines a seemingly optional setup with some very persuasive incentives, which in practice makes it anything but voluntary. But the devil is very often in the detail: a smart mix of voluntary and mandatory requirements can only be successful if the advantages outweigh the constraints. The success or failure of the French initiative will also depend on enforcement and in this regard some obstacles still seem to pave the way.

ATLS® Course Albania Brunch Step by Step

For more than 20 years, following the changes that took place in Albania in 1992, we receive information from trauma patients in the media about the delivery of trauma services. Police records are worthy of a war balance report. Trauma is estimated to be the cause of deaths in 13.7% / 100,000 people. Every two days three Albanian Citizens die because of Automobile Accidents… Changes have already taken place, but the question arises, who cares about the trauma and its management? Formerly and now the state ... ok ... but? Is this enough? The Ministry of Health should have a“Trauma Committee” if yes… is it active? Already of the three years at the heart of these medical emergency management networks is a National Center of Medical Emergency (NCME). The trauma service delivery is now evolving along the lines of a central and spoken model with a concentration of expertise and specialization in the center surrounded by smaller units that feed on the center. The study showed a 19% increase in the chances of survival since the introduction of these changes. Another 1,600 trauma victims are alive today due to developments in the administration of trauma patients in England over the past six years. In this system or mode of organizing what is today the NCME or organizing the transport of traumatized from the scene to theUniversity Hospital of Trauma... by medical staff who have done a substantial part of the PhTLS® course ... How is the educational status of personal in other regions far from Capital? ATLS® student courses in our country have been implemented by few and individually… ASTES, by default rules, has acquired the right to organize ATLS® in Albania…