Fair Decisions Research Articles

Should Patients Who Refuse COVID Vaccination Be Denied Transplantation Eligibility?

Should Patients Who Refuse COVID Vaccination Be Denied Transplantation Eligibility?

Educators as Judges: Applying Judicial Decision-Making Principles to High-Stakes Education Assessment Decisions

Phenomenon: Programmatic assessment and competency-based education have highlighted the need to make robust high-stakes assessment decisions on learner performance from evidence of varying types and quality. Without guidance, lengthy deliberations by decision makers and competence committees can end inconclusively with unresolved concerns. These decisional dilemmas are heightened by their potential impacts. For learners, erroneous decisions may lead to an unjustified exit from a long-desired career, or premature promotion to clinical responsibilities. For educators, there is the risk of wrongful decision-making, leading to successful appeals and mistrust. For communities, ill-prepared graduates risk the quality and safety of care. Approaches such as psychometric analyses are limited when decision-makers are faced with seemingly contradictory qualitative and quantitative evidence about the same individual. Expertise in using such evidence to make fair and defensible decisions is well established in judicial practice but is yet to be practically applied to assessment decision-making. Approach: Through interdisciplinary exchange, we investigated medical education and judicial perspectives on decision-making to explore whether principles of decision-making in law could be applied to educational assessment decision-making. Using Dialogic Inquiry, an iterative process of scholarly and mutual critique, we contrasted assessment decision making in medical education with judicial practice to identify key principles in judicial decision-making relevant to educational assessment decisions. We developed vignettes about common but problematic high-stakes decision-making scenarios to test how these principles could apply. Findings: Over 14 sessions, we identified, described, and applied four principles for fair, reasonable, and transparent assessment decision-making. These were: The person whose interests are affected has a right to know the case against them, and to be heard. Reasons for the decision should be given. Rules should be transparent and consistently applied. Like cases should be treated alike and unlike cases treated differently. Reflecting our dialogic process, we report findings by separately presenting the medical educator and judicial perspectives, followed by a synthesis describing a preferred approach to decision-making in three vignettes. Insights: Judicial principles remind educators to consider both sides of arguments, to be consistent, and to demonstrate transparency when making assessment decisions. Dialogic Inquiry is a useful approach for generating interdisciplinary insights on challenges in medical education by critiquing difference (e.g., the meaning of objectivity) and achieving synthesis where possible (e.g., fairness is not equal treatment of all cases). Our principles and exemplars provide groundwork for promoting good practice and furthering assessment research toward fairer and more robust decisions that will assist learning.

Principle of Proportionality as a Reflection of the Theory of Justice and its Application by Judges in the Resolution of Business Contract Disputes

In the business world, contracts have an important role in shaping the pattern of legal relations between the parties. Every business effort carried out by business actors is essentially a legal step, and this is in the realm of contract law. Business contracts are important instruments to secure the exchange of achievements and as evidence that there is a legal relationship between the parties in carrying out business transactions. Proportional distribution becomes the basis of thought in formulating contracts that are able to accommodate the interests of the parties. The principle of proportionality is a reflection of the Theory of Justice because the perspective of the contractual relationship of the parties combines the concept of equal rights in exchange (achievement-counter achievement) as it is understood that the concept of distributive justice in which it has the meaning of proportional distribution. Judges in resolving disputes using the principle of proportionality means to make reasonable and fair decisions based on the values of equality, freedom, and proportional distribution which cannot be separated from the existence of feasibility, propriety and the principle of accuracy.

To the Question of Interrelation between Judicial Acts, Judicial (Law Enforcement) Practice and Sources of Civil Law

The paper is devoted to the study of interrelation between the concepts of «judicial acts,» «judicial practice» and «sources of civil law.» The general theory of law and civil law do not contain any uniform approaches to the definition of the concepts under consideration. Therefore, the author analyses the named expressions, determines their general and specific features, and makes proposals for further improvement of civil legislation in this direction. From a general theoretical point of view, sources of law constitute external manifestations, forms of consolidation of laws and by-laws, various conditions and reasons for the emergence of existing forms of law. The concept of a source of law depends on understanding of the essence and content of the law itself. As far as is known, there are doctrines concerning natural and positive, objective and subjective law, public and private law, scientific concepts of the historical school of law, psychological school of law, etc.Domestic legislation does not provide for the institution of judicial precedent inherent in Anglo-Saxon law. Thus, legal stances of both the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation take a special place in the legal and judicial system, they are aimed at creating a unified judicial practice throughout the country, strengthening protection of rights and legitimate interests of individuals and legal entities. Judicial practice occupies an intermediate position between legal custom and law; it is formed at the discretion of a judge (judges) considering a particular case by passing a legal and fair judicial decision in writing in order to implement the current legal norm. Judicial discretion does not exclude a creative approach to the case under consideration, logical and systematic application of the law rules and unified judicial practice.

Tenure Undone: Faculty Experiences of Organizational Justice When Tenure Seems or Becomes Unattainable

ABSTRACT Higher education institutions and faculty have vested interests in fair tenure processes. We explored perceptions of fairness from the perspective of faculty who did not obtain tenure. Our 22 participants indicated that they experienced organizational justice violations related to distributive justice (fairness of decisions), procedural justice (fairness of processes), and interactional justice (fairness of interpersonal treatment), which they reported hindered their ability to succeed on the tenure track. Recognizing that women and Black, Indigenous, and people of color faculty face unique barriers on the tenure track, we explore how race and gender shaped participants’ experiences in an effort to understand issues of inequity in higher education tenure and promotion processes. We conclude with a discussion of reforms that could improve perceived and actual experiences of organizational justice and equity while on the tenure track.

ТРАНСФОРМАЦІЙНІ ЗМІНИ РОЛІ ДЕРЖАВИ В КОНТЕКСТІ ПОДОЛАННЯ КОНФЛІКТІВ У ПРАВІ

The purpose of the study is to determine the main vectors of the transformation of the role of the state in the process of overcoming conflicts in law. Such scientific approaches as axiological, anthropological, synergistic, hermeneutic and communicative become important in the research process. The basis of worldview perception of scientific research are the philosophical methods of research, and dialectical, metaphysical, and idealistic methods play a decisive role among them. The system of special scientific research methods consists of: systemic, structural and functional, comparative, communicative and formal and logical. The proposed scientific study is devoted to the vectors of transformation of a state activity in the process of overcoming legal conflicts. Legal conflicts become a determining factor in the political, economic and social life of the modern states. Sometimes the life and fate of a person, a group of people or the entire state depends on the dynamism of legal conflicts, their scope of outspread, level of aggravation, subject composition and duration. That is why the study of the nature, essence and structure of legal conflicts and ways of overcoming them is of great practical importance in choosing comfortable and legitimate ways for the state to overcome them within its functional purpose. However, the priority direction of an activity of the state in the field of overcoming legal conflicts is the possibility of finding legal ways to prevent them. Such a result can be achieved only with the help of those legal means that exist in the state and with the help of which the mediator can conduct activities, the ultimate goal of which is a voluntary and fair decision. That is why an important mission is on the state – the acceptance and consolidation of relevant normative legal acts at the legislative level, which would become an alternative on the way to minimizing the resolution of legal conflicts through the courts. The introduction and further formation of the institution of mediation as an intermediate procedure in relation to the judicial form of overcoming of legal conflicts is important in this direction. Mediation helps the parties to avoid the escalation of the conflict and reach a resolution of the dispute, the result of which will satisfy both parties, relieving the court system during that period, as the resolution of conflicts in a pre-trial procedure will lead to a decrease in the number of cases that come to court. Conclusions: 1. The role and purpose of the state are manifested in the essential characteristics of the state, its social purpose as an organization that is able to and can solve various problems that arise in modern society. 2. Legal conflict can be considered as a type of social conflict, which is determined by a special sphere of existence – legal and characterized by two-way communication between subjects, arises on the basis of existing legal contradictions and is overcome with the help of legal means. 3. The legal aspect of the manifestation of conflict at the state level can act both as an object over which a conflict situation arises, and as a means by which it is possible to prevent and overcome such a conflict. 4. On the one hand, the state is viewed as an institution that is able and can resolve legal conflicts with the help of a number of legal means, and that reflects a positive aspect of the activity of the state. On the other hand, the state in the form of authorized bodies can become an organization that provokes the emergence of a legal conflict and is simultaneously a participant in it. 5. The direction of public bilateral coordination of the interests of subjects with the aim of establishing the common good becomes a priority, where the role of the state in such a process is mostly reduced to its essential model as an arbiter state. 6. The introduction of the institution of mediation (restorative justice, out-of-court procedure) and its consolidation at the regulatory level becomes an alternative or intermediate procedure in relation to the judicial form of overcoming of legal conflicts.

Analyzing Factors Influencing Government Control Rights in PPP Projects from the Perspective of Investors

The information resources owned by the government cannot be completely defined due to the incompleteness of the PPP contract. These information resources influence investors’ judgment on the government’s control rights, thus influencing the fair cooperative relationship and rational decision‐making. In order to analyze the criteria for investors to evaluate the government’s control rights in PPP projects in the process of decision, 14 factors that influence the government’s control rights are identified through literature analysis and a questionnaire survey. Factor analysis shows that 14 factors are divided into explicit control indicators and implicit control indicators, which measure the explicit control rights and implicit control rights of the government, respectively. Considering the influence of differences in investors’ opinions, the entropy weighing is made. The results show that the weight of implicit control right reaches 47.90%, which cannot be ignored in practice. The risk ratio has the greatest influence on explicit control rights, followed by the equity ratio. The status of government has the greatest influence on implicit control rights. The study helps to reduce the perceived bias of investors to the government’s control rights of PPP projects for achieving partnership sustainability.

Using artificial intelligence to derive a public transit risk index

A terrorist attack on the public transportation system of a city can cripple its economy. Uninformed investments in countermeasures may result in a waste of resources if the risk is negligible. However, risks are difficult to quantify in an objective manner because of uncertainties, speculations, and subjective assumptions. This study contributes a probabilistic model, validated by ten different machine learning methods applied to the fusion of six heterogeneous datasets, to objectively quantify risks at different jurisdictional scales. The risk index is purposefully simple to quickly inform a proportional prioritization of resources to make fair investment decisions that stakeholders can easily understand, and to guide policy formulation. The main finding is that the risk indices among public transit jurisdictions in the United States distribute normally. This result enables agencies to evaluate the quality of their risk index calculations by detecting an outlier or a large deviation from the expected value.

A New Patient Acuity Tool to Support Equitable Patient Assignments in a Progressive Care Unit.

Making fair and equitable staffing decisions and patient assignments created complexities and undue nursing dissatisfaction on a 20-bed progressive care unit. Common themes shared by the nursing staff included inadequate staffing ratios, increased workload, and unease for patient safety. On the basis of these concerns, a unit-based needs assessment provided insight into what perceived and actual barriers exist preventing nurses from providing excellent care. Information gathered helped determine what could be done to overcome some barriers, and performing a comprehensive unit profile assessment allowed for better insight into how the unit was currently functioning. A comprehensive review of literature was undertaken to examine articles related to patient acuity utilizing the electronic databases CINAHL, PubMed, and MEDLINE. Key words and phrases included the following: acuity, patient acuity, acuity tools, progressive care acuity, nurse-patient assignment, workload, nursing assignments, and equitable staffing. Utilizing the results of the nurse survey, and information gained from articles gathered during the literature review, a patient acuity tool was created. The tool was believed to be an accurate representation of the patients' acuity, and the majority of charge nurses reported that they utilized the patient acuity tool score when making nurse-patient assignments. Overall staff satisfaction and perceptions of nurse-patient assignment equity were improved.

ЗДІЙСНЕННЯ ПРАВОСУДДЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ ВИКЛЮЧНО СУДАМИ

The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.

Subjective factors affecting the fairness of decisions made by judges

Based on the premise that justice must necessarily be fair, the article examines the problem of the influence of subjective factors that positively or negatively affect the fairness of judicial acts rendered by judges. The purpose of this study is to identify these factors, which are not taken into account in the lengthy procedures for the selection of candidates and their appointment to the posts of judges, but which, in principle, cannot but affect the quality of justice carried out by judges, first of all, its fairness. The objective of the study is to identify the possibilities of the psychophysiological characteristics of the judge, which are the basis of these factors and their fixation. The results of this study will allow, when they are introduced into law enforcement practice, to increase the effectiveness of justice in terms of issuing fair judicial acts. As a brief conclusion of this study, we should consider the proposal of the need to legislate the mandatory conduct of psychodiagnostic studies of candidates for judicial positions, allowing for a reliable “culling” of those who are not suitable for the implementation of fair justice, as well as the “culling” of current judges who are unsuitable for the implementation of fair justice.

TRACKING THE DYNAMICS OF LECTURER RATING INDICATORS TO ENSURE THE QUALITY OF HIGHER EDUCATION

The importance of the role of the lecturer in ensuring the quality of higher education cannot be denied. The system of internal quality assurance provides for the availability of developed and published criteria, rules, and procedures for the evaluation of academic and research staff, as well as their annual review by European standards, the Law of Ukraine "On Higher Education", recommendations of the National Agency for Higher Education Quality Assurance. Borys Grinchenko Kyiv University has developed a lecturer rating system "E-portfolio", one of the components of the information and educational environment, to form the qualitative composition of the scientific and pedagogical staff. To analyze the activities of the academic staff and all departments of Grinchenko University, several types of reports were presented in the "E-portfolio" system, which can be built according to such criteria as the main activities, rating points, structural units, positions, academic rank, degree, etc. For several years, only built-in statistics were used to analyze the activities of lecturers and units, but there was a need to monitor more detailed dynamics of all indicators. Modern business intelligence tools were analyzed for the development of visualization. It was decided to use the Power BI business intelligence tool, which will allow you to have a complete picture of the lecturer's performance by all the necessary criteria. The article presents an analytical report of Power BI based on the "Star Scheme" model. Thanks to the created "Measures" and standard functions of pivot tables, it became possible to visualize the input rating data and create details and filters for more convenient viewing and data analysis. After completing all the settings of visualization and filters, the report was published using the Power BI report server tool in the public domain. The use of this tool allows the top managers of the university to have a holistic picture of the results in the performance of employees and departments, as well as to determine the priorities of activities, to make fair decisions when extending contracts, which fully and unconditionally contributes to ensuring the quality of higher education.

Соотношение назначения и цели уголовного судопроизводства в Российской Федерации

The relevance of the study is due to the inconsistency of the purpose of criminal proceedings formulated in Article 6 of the Code of Criminal Procedure with its goals set out in Article 297 of the Code of Criminal Procedure, which can only be achieved through an adversarial form of criminal proceedings. This discrepancy creates problems of law enforcement, which in turn reduce the effectiveness of criminal proceedings in general. The purpose is to study the criminal procedure legislation of the Russian Federation regarding the possibility of a verdict in the case corresponding to Article 297 of the Code of Criminal Procedure of the Russian Federation. The objectives of the study are: the study of criminal procedural norms in their interaction for the possibility of achieving the result indicated in Article 297 of the Criminal Procedure Code of the Russian Federation in criminal pro-ceedings, as well as the analysis of various positions on this issue. Methodology. The methodological basis of the research is the method of dialectical scientific cognition; a sys-tematic approach to the problem under consideration, a historical method, a formal logical method, etc. Results. In the course of the research, the defects of the criminal procedure legislation were revealed in terms of its internal contradictions between the purpose, form and goals, which do not always allow a lawful, reasonable and fair sentence to be passed in the case. Conclusion. The current criminal procedure legislation proceeds from different approaches to the concept of justice (as a means and an end). Meanwhile, justice as a means (the equivalence of the rights of the parties participating in criminal proceedings) in the adversarial process does not ensure the achievement of a fair decision in the case, and the purpose of criminal proceedings as its function does not allow achieving the goal of criminal proceedings, which generates problems of law enforcement, which in turn reduce the effectiveness of criminal proceedings as a whole.

Позиции Конституционного Суда Российской Федерации в жилищной сфере: проблемы реализации

The article expresses the hypothesis that non-execution of the decisions of the Constitutional Court of the Russian Federation in the housing law sphere is often predetermined by the political and legal moments associated with the need to choose between the protection of economic turnover and housing rights of citizens. Often the apparent fair decision aimed at taking into account the social importance of housing relations, on the scale of public policy can lead to serious adverse economic consequences. The hypothesis was confirmed when analyzing several fundamental decisions of the Constitutional Court of the Russian Federation in the sphere of regulation of housing relations, including the position on the possibility to sell residential premises in which underage family members of the owner reside and who do not have the right of ownership, the position on property immunity with regard to the only residential premises, as well as the position on the execution major repairs by a public authority (former landlord of the residential premises). It is concluded that the most effective are those decisions of the Constitutional Court of the Russian Federation, in which this choice is made unambiguously, without any attempts to reconcile these two areas.

ОКРЕМІ АСПЕКТИ ЕТИКО-ПРАВОВИХ ВИМОГ ПРАВНИЧОЇ ДОПОМОГИ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ НА ПІДСТАВІ УГОДИ ПРО ВИЗНАННЯ ВИНУВАТОСТІ

The article analyzes the main minimum guarantees of the implementation of the principle of ensuring the right to defense and legal assistance to a person accused of committing a criminal offense, formulated in international legal acts and decisions of the European Court of Human Rights. The degree of implementation of the specified guarantees into domestic legislation has been clarified. The essence and significance of the defense counsel's participation in criminal proceedings on the basis of a plea agreement, which is a guarantee of ensuring not only the rights and legitimate interests of the suspect, the accused, but also the legality of the application of this procedure, and in general, the legality of the criminal proceedings themselves, the administration of justice, which involves making a fair decision. The specifics of providing legal assistance in this category of proceedings are outlined, which consist in clarifying by the defense counsel the voluntariness of the guilty plea, the will of the suspect, the accused to enter into such an agreement, the clarification of his procedural rights, the nature of each accusation, in respect of which he pleads guilty, the type of punishment and other measures that will be applied to him, and the legal consequences of concluding and approving a plea agreement. The need to explain all the consequences of concluding and approving an agreement (direct and indirect), which is a mandatory component of professional, qualified legal assistance, the provision of which requires the improvement of the current legislation, which consists in the normative consolidation of the lawyer's duty before concluding an agreement on recognition, is substantiated culpability to explain the indirect consequences of its approval by the court.

Медіація як засіб вирішення суперечок у публічному управлінні: гуманістичний аспект

In the article, in the context of establishing the rule of law in Ukraine, the problems of introducing mediation as a means of resolving legal disputes, including those in the field of public administration, are considered, with the definition of the humanistic nature of this procedure. It was revealed that the principle of the rule of law presupposes the priority of human rights, legal justice, the possibility of access to court, the obligation of a court decision for public authorities, which correlate with moral virtues – equality, conscientiousness, tolerance, which characterize mediation as a stable guideline in resolving legal disputes. Emphasis is placed on the use in the terminological apparatus of mediation corresponding to the Russian word «dispute» used in the legal field of Ukraine – the term «superеchka», which corresponds to the national nature of law and the essence of mediation. It was found that in addition to the parties to a legal dispute, an intermediary takes part in the mediation process – a mediator who monitors the observance of the procedure, without deeply interfering in the dispute; can assess the positions of the parties without influencing the resolution of the conflict, but only offering their opinion on this matter. The parties must, in cooperation with him and among themselves, proving their position, eliminate the dispute, which forms a sense of confidence in the fairness of the final decision. It is noted that the public administration in the case of a mediated resolution of an administrative conflict turns from a leading structure into a client one, becomes equal with private individuals, and the mediator does not allow the interests of administrative bodies to become over the interests of individuals, which implements the principle of due care in the activities of public administration. As a conclusion, it is determined that the mediation procedure is characterized by a humanistic nature, characterized by confidentiality, peaceful settlement, consistency, equality of the parties; the ability to control the entire procedure and make a final decision that complies with the principles of mediation – voluntariness, confidentiality, neutrality, independence and impartiality of the mediator, self-determination and equality of rights of the parties, through negotiations making a fair decision.

Toolbox of the Public Administration Entity. Intersection of the Principle of Legality and Administrative Discretion in Exercising the Revocation of an Administrative Decision

For some, revocation of an administrative decision arises doubts, for others, it is a legal measure ensuring that public administration entities are able to respond to changing circumstances and adopt not only legitimate, but also fair decisions by striking a balance between private and public interests. This paper aims to analyse the choice of Lithuania with respect to the implementation and application of the public administration entities right to revoke its previously adopted administrative decision. In order to achieve this goal, the results of analysis of the role of the principle of legality and administrative discretion in the decision-making process, legal regulation of public administration and case-law are revealed. The analysis will show that there is room for the possible systematisation of the administrative procedures, aiming to ensure that public administration entities are able to respond to the ongoing changes in order to fulfil the objectivities based on which the particular public administration entities were established.

Application of Decision Making from Islamic Perspective by Decision Maker

The primary object of this study is to understand the process of making decision from Islamic perspective and to describe how decision making from Islamic perspective plays important role in the daily life and the planning process. The purpose of this research is also to identify the methods that can be used in making decision and to explain the benefits and advantages of making decision from Islamic viewpoint. This study adopted the qualitative research design and involved 12 participants that includes managers, academicians, social activist and organisation heads who are involved in making decisions as well as the PhD students of social sciences. The data collection procedure was a qualitative in-depth face-to-face and online platform interview. According to the response of the participants, the result of this study shows that decision making from Islamic perspective can avoid from making mistakes and it helps the decision makers to make fair and equitable decisions and to achieve the goals effectively and efficiently. It also helps them to generate better solutions when they face problems during making decision. This study will play a significant role to maintain good relationships with colleagues and everyone in the team or at the workplace. This study suggested that the decision makers should follow the concept of Sh ū r ā (consultation) in the decision-making process and guidelines that has been provided in this research, which reduces the gaps between people of different positions and power.

Dynamic sexual offense risk assessment using the VRS-SO with indeterminate sentenced men

Indeterminate detention (ID) is a high stakes sanction reserved for exceptionally high risk-high need (HRHN) persons who are deemed to pose an undue risk to public safety. It is one of the most extreme measures that is routinely taken by justice systems to manage sexual violence risk and prevent sexual and violent recidivism. Naturally, risk assessment is most frequently employed as a mechanism to keep dangerous people in custody; but seldom is risk assessment viewed as a possible ticket out for men with an ID designation who have made substantive risk changes and whose risk can be safely managed in the community. This article features applications of a dynamic sexual violence risk assessment and treatment planning tool, the Violence Risk Scale-Sexual Offense version (VRS-SO), with ID individuals and other HRHN men, to assess risk in a dynamic manner to inform risk management efforts and release decisions. VRS-SO data on an ID sample are presented along with clinical illustrations of dynamic risk assessment. Several propositions are made with supporting data from VRS-SO normative research with treated sexual offending samples regarding the use of dynamic tools with ID men and the perils and pitfalls of relying solely on static measures. Ultimately, dynamic risk instruments can be used to track progress and monitor risk change over multiple assessments to inform release and reintegration decisions with ID persons. In this regard, dynamic assessment has the potential to help, rather than hinder, reintegration of ID sentenced persons and can inform safe, fair, and humane decisions.

Analysing the C-Band spectrum auctions for 5G in Europe: Achieving efficiency and fair decisions in radio spectrum management

This paper offers a detailed analysis of selected regulatory parameters used as instruments to promote efficiency with fairness for all stakeholders (in the legal sense of equity) in 5G spectrum auctions. Data were collected from sixteen auctions for the C-band that took place in the Member States of the European Union (EU) and in the United Kingdom (UK) between 2017 and 2020 for the introduction of the fifth generation (5G) of mobile communication technology. The selected instruments of intervention are: spectrum packaging, spectrum caps, set-asides, geographical scope of the license, license duration, various forms of license obligations, reserve prices and auction format.Significant differences were observed in national approaches to spectrum packaging, license obligations and reserve prices for efficiency purposes. Our analysis also shows that European national regulators are paying increasing attention to concerns over fairness of decisions on spectrum, or equity, especially by creating opportunities for local private networks to access the spectrum and by imposing requirements on network operators to guarantee more uniform population coverage of newly created 5G networks.