Ipso Facto Research Articles

Estimation of electrical resistivity using artificial neural networks: a case study from Lublin Basin, SE Poland

Artificial neural networks method (ANNs) is a common estimation tool used for geophysical applications. Considering borehole data, when the need arises to supplement a missing well log interval or whole logging—ANNs provide a reliable solution. Supervised training of the network on a reliable set of borehole data values with further application of this network on unknown wells allows creation of synthetic values of missing geophysical parameters, e.g., resistivity. The main assumptions for boreholes are: representation of similar geological conditions and the use of similar techniques of well data collection. In the analyzed case, a set of Multilayer Perceptrons were trained on five separate chronostratigraphic intervals of borehole, considered as training data. The task was to predict missing deep laterolog (LLD) logging in a borehole representing the same sequence of layers within the Lublin Basin area. Correlation between well logs data exceeded 0.8. Subsequently, magnetotelluric parametric soundings were modeled and inverted on both boreholes. Analysis showed that congenial Occam 1D models had better fitting of TM mode of MT data in each case. Ipso facto, synthetic LLD log could be considered as a basis for geophysical and geological interpretation. ANNs provided solution for supplementing datasets based on this analytical approach.

A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?

ABSTRACT This article offers a detailed critical appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman, adopted in 2019 by the Venice Commission of the Council of Europe. It praises them for being the most comprehensive set of constitutional and legal principles relating to ombudsman to date, drafted to be applicable to different legal and political systems. However, the article finds that such adaptability also resulted in some trade-offs and came at the expense of conceptual clarity of some of the principles. Despite that, the Venice Principles present a more complete document than the Paris Principles on National Human Rights Institutions, with better internal logic and consistency when it comes to ombudsman’s issues. The article concludes that ombudsman institutions fully in line with the Venice Principles would, ipso facto, reach a normative threshold for the compliance with the Paris Principles.

The Right to Life and the Jus ad Bellum: Belligerent Equality and the Duty to Prosecute Acts of Aggression

General Comment 36 of the Human Rights Committee, adopted in 2018, proposes that ‘States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant.’ One question about this claim is whether it reduces incentives for compliance with international humanitarian law for states and their agents – incentives provided through the principles of belligerent equality and combatant immunity. We argue that it does not do so – such a worry about incentives is not a reason to reject the claim in General Comment 36. In the process, we also show that, if accepted, this claim is interesting in another way: it entails, in effect, a duty on states to prosecute acts of aggression insofar as they entail killing, as they often will. This itself is doctrinally innovative. As to who is to be prosecuted, it is the political and military leadership of the state. It is their decision to wage war unlawfully that renders the killings arbitrary.

Screening Gender and Popular Culture in Moroccan Cinema

This paper tries to analyze the construction of gender in modern Moroccan cinema. By considering some Moroccan postcolonial films, this paper is an attempt to question the notion of cinematic representation of gender and popular culture in Moroccan contemporary cinema. Indeed, much academic research and scholarship have been written on Moroccan cinema, but the research on gender representation is still in its infancy. The present article attends to the problematic of gender agency as represented by contemporary Moroccan cinema especially in the following films: Trik Layalat (2007) (Deux Femmes Sur la Route), Mille Mois (2003), Youm w Lila (2013) (Day and Night), Rock the Casbah (2013). These films have been chosen in order to shed light on the controversial (mis)-representation of gender in modern Moroccan cinema. In this way, this paper aims to foreground the complex ambivalent formation of female identities and temporalities. Thus, this work examines the politics of women’s recognition as represented in Moroccan cinema. The portrayal of the women in Moroccan cinema, oftentimes contradictory, reveals the dominant patriarchal attitudes towards gender in Morocco, and continues to provide insight into shifting social roles in the period after Moroccan independence. The films selected by this paper highlight the grounds behind the abrogation of women, their alienation and loss in a society that is imbedded in patriarchal discourse. Ipso facto, in this paper attends to the problematic of transmitting a culture that is de-alienated by discursive conditions related both to women and men, without each one blaming the other to be the cause of his or her everyday shock and loss.

The Last Page

The earth has become more than ever a melting- pot. The sea abounds in passages. The air strikes back. The fires are described as in part highly toxic. The earth could point its infernal nuclear snouts at our globe. The sea exists ipso facto and ab initio. The air attacks. The fire would be returned. The earth could be lawful. The sea does not contain any specific forms. The air and the beasts have as equal a right to live and move about. The fire was still burning in the ashes of the houses. The earth is surrounded by air. The sea is to the north. The air proclaimed the independence of both States. The fires do not genuinely resolve disputes The earth was plunged into the age of the atom. The sea constitutes a coherent legal order. The air must be understood to have accorded it...

Speech Imperialization? Situating American Parrhesia in an Isegoria World

This article explores the ideological origins of the American free-speech tradition. It analyzes the two principal categorizations of free speech in classical antiquity: isegoria, the right to voice one’s opinion, and parrhesia, the license to say what one pleases often through provocative discourse, thus grounding modern free-speech epistemology and jurisprudential philosophy in a sociohistorical context. Part 1 reviews the First Amendment corpus juris. A progression of incrementally absolute judicial holdings promotes parrhesia, highlighting democratic utility over individual self-actualization; thus, Americans no longer view freedom of speech as an end ipso facto. While Athenian democracy recognized the need for provocative speech, certain institutional and social constraints, such as dokimasia, established standards of truth and accountability. Part 2 frames the historical developments of isegoria and parrhesia for modern analysis. The author begins by discussing isegoria’s principal aims, namely, promoting individual self-actualization and effective democratic governance. The European free-speech tradition, which views the individual as the locus of power, favors the former. The American tradition, which ‘depersonizes’ civil liberties such that the collective becomes the locus of control, favors the latter. Part 3 identifies the colonial developments in Anglo-American history that account for present-day U.S. free-speech permissiveness. It shows that the American preference for parrhesia-based absolutism was born from British imperialism and censorship. Part 4 suggests a need to reexamine free speech-understandings in the context of new-media proliferation and digital content regulation. The dominance of U.S.-based social media companies injects the American speech tradition into cultures with disparate free-speech philosophies and practices.

The Dynamic of Social Relations and Conflicts in Mining Area in Indonesia Study of Mining in Bahodopi of Marowali, Central Sulawesi

The study of socio-cultural institutions related to natural resource management includes two factors namely IPSO facto (based on facts) namely management in an area marked by the presence of people who carry out activities and IPSO de jure (based on law) namely management based on legal aspects positive. This article aims to analyze how the socio-cultural principles lived by the community in Bahodopi District, Morowali Regency in response to their lives. The results showed that the dynamics of community life after the entry of the mine in Bahodopi had broad implications related to social life. However, empirically, this study shows that the conflict mechanism that arises is more dominated by conflicts between migrants and local residents, as well as local communities and companies. The number of conflicts raised by the community is a low escalation but has a broad impact on the sustainability and existence of investment management. The interaction of various cultures that have different perspectives is typical even though it has the potential to create conflict and even violence if it is not appropriately managed. Socio-cultural background with a different basis is a trigger for disharmony in the community if it cannot be appropriately managed. The conflict that occurs mainly with the appearance of two ethnic entities facing each other is an irony in the life of a capitalistic character.

Issues in the Provision of Health Care in India: An Overview

After reviewing health outcomes and policy in India, this paper concludes that there are at least six sets of issues to be addressed about improving the quantity and quality of health services, and ipso facto improving health outcomes, in India. First, the amount of resources earmarked for health needs to increase. Second, health resources need to be used in a fair and just manner and, in particular, complaints relating to egregious health outcomes need to be addressed. Predominant in this set of issues is oversight and regulation of private-sector health provision. The third set of issues relates to the allocation of health resources and, in particular, to the imbalance in the allocation of health resources between towns and villages. A fourth issue is the accessibility of rural areas since it is the most remote areas that have the lowest density of health workers. Another issue is the more efficient use of health workers in order to make them more productive. Finally, Indian health policy is stronger on rhetoric and aspiration than it is on action and implementation. The successful implementation of the policy requires the explicit recognition that objectives are often competing (primary versus tertiary care) and the acknowledgement that, with budgetary constraints, one cannot have more of one without having less of the other. The first role of policy is to then choose the optimal mix of objectives with respect to these trade-offs. Secondly, policies come up against vested interests which agitate (often with the support of opposition politicians) and litigate against proposed changes. Lastly, policies in India are made against a background of poor governance with the predatory presence of corruption looming over every policy initiative. In implementing, rather than simply articulating, a policy it is important to address these governance issues. JEL: I10, I11, I13, I14, I15

Mailer, Doctorow, Roth. A Cross-Generational Reading of the American Berserk

Of all American paradoxes, none is greater than this: that the typical American cherishes free speech but is almost mortally offended by public protest, which he regards as at best lacking in taste and at worst an outright crime. A nation founded on dissent, America is exquisitely uncomfortable with ill-mannered disagreement. More than freedom itself, an American is likely to value moral insularity and absolution: he wants to live his life free from ethical challenge. He seeks suburban anesthesia, a life of commercial abundance untroubled by the pain inflicted elsewhere to maintain it, whether through military aggression or the global exploitation of labor. The American hopes to be reminded that he is good and blameless — and quickly condemns his critics as envious or mad or driven by dark agendas. As by an unwritten law, he denounces protest as an offense against his amour propre. This condemnation, ipso facto, makes a figurative criminal of the protester, who, when her efforts are scorned, finds herself not trying to persuade, but acting in a spirit of resentment and self-vindication. She sees any act by her countryman that does not challenge the social system as intolerable evidence of complicity and collaboration. The spirit of compromise vanishes, and the protester risks falling into the attitude described by Philip Roth as “the American berserk.” My address examines this process of polarization through three indispensable American novels of protest: Norman Mailer’s Armies of the Night; E.L. Doctorow’s The Book of Daniel; and Philip Roth’s American Pastoral.

Im/moral healthcare: HIV and universal health coverage in Indonesia

In 2014, Indonesia reinvigorated its commitment to the provision of a universal health care system by introducing the National Health Insurance Program (Jaminan Kesehatan Nasional, JKN), with the aim of increasing access to health care for all sectors of society. A key question that emerges in the current climate is: how can Indonesia ensure people can access HIV health care? This question is critically important given Indonesia is on the verge of passing a law criminalising all sex outside of marriage. If passed, anyone presenting with HIV will be suspected ipso facto of involvement in criminal activity (e.g. them or their partner having sex outside of marriage and/or using intravenous drugs). In this environment, preventing transmission of HIV from mother to child becomes more difficult. In exploring these issues, we argue that, in a time of populist morality, Indonesia must give significant attention to how universal health coverage can prevent HIV transmission, particularly from mother to child. We offer three key strategies for Indonesia to implement in this regard: removing health care provision from a moral framework; de-idealising the category of woman; and repositioning shame and stigma around HIV.

Leading with/in emotion states: The criticality of political subjects and policy debates in educational leadership on emotions

One of the many facets of educational leadership is the emotional aspects of educational leadership itself. Leaders are regularly immersed in emotionally charged broad-based policy debates and political subjects like protests and voting policies. These are policy subjects that politically occur not only in schools where educational leaders practice but also in their interactions with school boards, media, and community members. Such interactions are stressful and contribute to leadership burnout, especially among critical educational leaders. As such, educational leadership needs to address not only the emotionality of their practice but the emotions that result from the interactions they regularly encounter in their practice about societal political subjects and policy debates. Simply, emotions are the reason educators politically advocate for policy subjects in the first place—it’s because of how they “feel” about racial segregation or that they are “pissed” about police brutality. Using textual analysis, this article contends that the scholarship within educational leadership lacks attentiveness to addressing how emotions interact with the societal political subjects that permeate leadership, therefore stifling innovative practices for addressing “controversial” policy debates and political subjects that are, ipso facto, inherently emotional. This view of emotions in educational leadership has the power to change how the field conceptualizes politics and policy subjects. Accordingly, educational leadership that focuses on emotional interactions with political subjects is apt to advance the field of educational politics and policy.

A Provisional System to Evaluate Journal Publishers Based on Partnership Practices and Values Shared with Academic Institutions and Libraries

Background: Journals with high impact factors (IFs) are the “coin of the realm” in many review, tenure, and promotion decisions, ipso facto, IFs influence academic authors’ views of journals and publishers. However, IFs do not evaluate how publishers interact with libraries or academic institutions. Goal: This provisional system introduces an evaluation of publishers exclusive of IF, measuring how well a publisher’s practices align with the values of libraries and public institutions of higher education (HE). Identifying publishers with similar values may help libraries and institutions make strategic decisions about resource allocation. Methods: Democratization of knowledge, information exchange, and the sustainability of scholarship were values identified to define partnership practices and develop a scoring system evaluating publishers. Then, four publishers were evaluated. A high score indicates alignment with the values of libraries and academic institutions and a strong partnership with HE. Results: Highest scores were earned by a learned society publishing two journals and a library publisher supporting over 80 open-access journals. Conclusions: Publishers, especially nonprofit publishers, could use the criteria to guide practices that align with mission-driven institutions. Institutions and libraries could use the system to identify publishers acting in good faith towards public institutions of HE.

Disclosure, Exposure and the ʻRight to be Forgottenʼ after Google Spain: Interrogating Google Search's webmaster, end user and Lumen notification practices

This article argues that Google's essentially blanket and unsafeguarded dissemination to webmasters of URLs delisted under the Google Spain judgment disclosures claimants’ personal data, cannot be justified either on the purported basis of their consent or a legal requirement but instead seriously infringes European data protection standards. Such disclosure would only be compatible with the initially contextually sensitive context of collection where it was (i) reasonably necessary and explicitly limited to the purposes of checking the legality of the initial decision and/or bona fide research and (ii) prevented unauthorised repurposing or other misuse through robust safeguards. Strict necessity thresholds would need to apply where disclosure involved special categories of data or was subject to reasoned objection by a data subject and international transfers would require further controls, ideally as provided by the European Commission's standard contractual clauses. Disclosing identifiable data on removals to end users would directly and fundamentally undermine a data subject's rights and, therefore, ipso facto violate purpose limitation and legality, irrespective of whether rights are claimed in data protection, defamation or civil privacy. The public's legitimate interests in receiving information on personal data removals are best secured through safeguarded scientific research, which search engines should facilitate.

Does Implementation of the Smart Growth Priority Affect Per Capita Income of EU countries?\u2014Empirical Analysis for the Period 2000\u20132017

Smart growth is one of the priorities of the Europe 2020 strategy, implemented by European Union member states since 2010. Developing economy based on knowledge, human capital and innovation, ipso facto, implementing the smart growth objectives, is theoretically justified and should stimulate growth processes in EU economies. The aim of this study is to examine the existence and nature of the relationship between the state of implementation of the smart growth targets in the new and old EU countries and their GDP per capita. The analysis for the period 2000–2017 indicated a varied degree of advancement of EU countries in implementing the smart growth targets. The assessment of the overall level of the smart growth targets’ implementation, expressed in the smart growth summary index calculated in this paper, leads to the conclusion that the new EU members, having a relatively lower level of initial implementation of the smart growth objectives, showed a much higher dynamic in this field than the old EU members. The surveys conducted with the use of econometric models confirmed that effective implementation of the smart growth targets resulting in a higher employment rate and improvement of the quality of human capital had a positive impact on GDP per capita in EU countries, especially in the new member states. The results indicate that investment in R&D did not automatically affect the level of GDP per capita of the analysed economies. This impact was spread over time and limited only to the countries where R&D expenditure was higher than 1.5% of GDP.

African Continental Free Trade Area Agreement – Does the Facts Support the Benefits for Nigeria?

Hesitantly, but finally, Nigeria joined the African Continental Free Trade Area (AfCFTA) with the Nigerian President, Mohammadu Buhari, signing the protocol at the African Union Summit in Niamey on July 7, 2019 based on perceived benefits. This study interrogated the purported benefits for Nigeria using standard trade costs between Nigeria and peer countries in Africa. Using a content analytical framework on a dataset by World Development Indicators and World Integrated Trade Solutions, the study found that average tariff rate in Nigeria is very high when compared to that of her major trading rivals in Africa like Ghana, Egypt and South Africa. Furthermore, the study found Nigeria in a comparative disadvantaged position on the ease of doing business in the same setting. Also, Nigeria’s major export commodity is crude oil and lubricants which has little or no market in the continent. Besides, trade-related infrastructure, especially roads and maritime corridors, in Nigeria is poor even by African standards. With these structural problems, ipso facto, Nigeria may not benefit maximally and comparatively in the enlarged continental market envisioned by the AfCFTA agreement. The study therefore, recommended that Nigerian government should continue to maintain the present cautious approach and refrain from making further commitments on the AfCFTA deal. In the meantime, the country should embark on massive infrastructural and trade-related development, improve the ease of doing business and diversify the economy in order to be in vintage position to exploit the potential opportunities offered by the AfCFTA in the medium-to-long term horizon.

Johann Adam Kulmus-on the importance of his anatomical tables for surgery in Europe and for medical training in Japan

This article describes the life and medical historical achievements of Johann Adam Kulmus (1689-1745), aGerman physician from Breslau and an anatomist in Danzig. His "Anatomical tables for students of anatomy" published in 1722 made him famous and were written in German, which for a textbook of anatomy was very unusual at that time. They became one of the most frequently published textbooks of anatomy in the eighteenth century and were also translated into other European languages and also Latin. In 1774 they even appeared in Japan after years of effort in the translation from the Dutch language into the national language and were intended to serve for a long time as the fundamental scientific anatomical textbook in the medical training. Therefore, the anatomical tables stand ipso facto for a successful example of efforts for the introduction of west European medicine in Japan, which had already begun since the beginning of the early modern period.

Treaties with indigenous peoples in Canada – a not so serious essay

In contemporary Public International Law, the term ‘treaties’ has a precise meaning: it means “an international agreement concluded between States in written form and governed by international law” . Therefore, some may think that contemporary sovereign states understand the legal concept of a treaty is different from the historical context in which the Indigenous People of Canada negotiated those constitutive rights with the British Crown. In Canada, there are several different treaties with Indigenous Peoples regarding different sorts of rights. The case of the treaties with the First Nations of Canada is a matter of searching for fairness. In the transition from colonial North America to modern Canada, the full meaning of the treaties with the Indigenous Nations was at least subverted. This statement is not a moral judgment; it is a legal as well as political issue ipso facto.

Digital Tribalography

There there is so notable partly because it validates and documents the urban indian experience and complicates the back-to-the-land narratives of such classics as Ceremony, by Leslie Marmon Silko (Laguna Pueblo), and House Made of Dawn, by N. Scott Momaday (Kiowa/Cherokee): “Being Indian,” the narrator says, “has never been about returning to the land” (Orange 11). In place of this conventional narrative, There There embraces and authenticates the experience of Natives who have grown up in the city and are more at home there than in the countryside. Two key terms here need clarification already. First, we write “countryside” rather than “community” because Orange challenges the conventional opposition between urban Indians and those from “community,” as though community were the sole privilege of rural existence. In fact, Orange's novel locates community—all Native community—in the contemporary interpenetration of the urban and the technological. Second, for Orange the term urban doesn't just refer to those living in the city. Instead, the urban is a function of the contemporary world, in which access to the Internet effaces the place-based spatial logics that have long aligned authenticity with location in traditional—inevitably rural—settings: “Plenty of us are urban now. If not because we live in cities, then because we live on the internet” (9). The urban is connectedness in the midst of displacement, of the placelessness of online existence. Those who live in cities are ipso facto urban; those who do not are virtually urban, regardless of locale.

The impact of armed conflict on the effects of international treaties

In the science of international law, different views are expressed on the nature of the impact of war on international treaties.
 It should also be noted that there is no strict consistency on this issue and in the practice of international relations. This was one of the reasons for the lack of relevant provisions in the Vienna Convention on the Law of Treaties.
 Some definite understanding of the content of existing customary norms and trends in the progressive development of international law is given by the Articles of the United Nations Commission on International Law on the Consequences of Armed Conflicts for International Treaties.
 The basic principle enshrined in the Articles is that the existence of an armed conflict ipso facto does not terminate or suspend treaties between States Parties to that conflict or between a State Party to an armed conflict and a State which is not a Party to it. This principle is intended to promote the stability of international relations.
 The following factors should be considered when deciding whether to terminate, withdraw from, or suspend an armed conflict in the event of an armed conflict:
 
 a) the nature of the contract - in particular its subject, object and purpose, its content and the number of parties to the contract;
 
 (b) The characteristics of an armed conflict, such as its territorial distribution, scale and intensity, its duration and, in the case of a non-international armed conflict, also the degree of external involvement.
 The developers of the Articles have tried to provide an indicative (and therefore inexhaustible) list of types of contracts, the subject of which is to extend their validity. The categories of contracts included in the indicative list caused a great deal of disagreement.
 The intention to terminate the treaty shall be communicated to the other States Parties or the depository of the treaty. The termination or suspension of a treaty as a result of an armed conflict in no way affects the obligation of the State to fulfill the obligations enshrined in the treaty, which also exist in accordance with international law, regardless of this treaty.
 Following the termination of an armed conflict, unless otherwise agreed by the parties, the suspension of the suspended agreements may take place with the agreement of the States concerned.
 Obviously, customary international law has developed a set of rules regarding the impact of armed conflict on treaties. Armed conflict in modern international law ipso facto does not terminate or suspend existing treaties, even though a number of them may be terminated or suspended in view of their nature. In this regard, it can be said that the regulation of treaties in the event of armed conflict aims at the maximum possible preservation of legal relations between the states.

Introduction: Symbolic Politics, Constitutional Consequences*

Free expression that leads to the vibrant exchange of ideas is thought to be the very lifeblood of a democratic society. It appears self-evident that campuses, where even the most resolute ‘truths’ not only may but even should be examined and re-examined, are the nucleus of such a society. Despite this, campus speech has become a flashpoint for competing — some would say irreconcilable — demands. On the one hand is the view that some speech should not be tolerated in an environment that must embrace diversity that is also a hallmark of our advanced liberal democracy, and which should aim for the equality of its members. Per this argument, some members of the university community are treated unequally when speech that tends to reinforce their marginalization as members of a sub-dominant group is permitted. This view may also extend to pedagogical practice, and so we might identify the debate as to whether certain words are ipso facto impermissible, regardless of their intended purpose.2
 
 *The phrase “symbolic politics” is drawn from Stephen Newman’s article (this issue).**Dr. Kate Bezanson is Associate Professor of Sociology and Associate Dean of the Faculty of Social Sciences at Brock University. Dr. Alison Braley-Rattai is Assistant Professor of Labour Studies at Brock University. Both hold LLMs (in Constitutional and Labour Law respectively) from Osgoode Hall’s Professional Development Program. The guest editors for this issue wish to thank the authors whose work appears in this issue, as well as Patricia Paradis, the Forum’s editor, the Forum’s copy editors, and footnote editors.2 Randall Kennedy, “How a Dispute Over the N-Word Became a Dispiriting Farce” (8 February 2019),online: The Chronicle of Higher Education <www.chronicle.com/article/How-a-Dispute-Over-the-NWord/245655> [perma.cc/HR2L-8EAV].