Mandatory Rules Research Articles

Do Mandatory Face Shields Reduce the Number of Craniomaxillofacial Injuries in the National Hockey League?

The purpose of this study was to analyze the effectiveness of the National Hockey League's (NHL) mandatory visor policy on the number and type of craniomaxillofacial (CMF) injuries. A cross-sectional study was designed using the 2 databases: the NHL Injury Viz and the Pro Sports Transactions. CMF injuries and player characteristics from the NHL's 2009-2010 through the 2016-2017 seasons were obtained. The study outcomes of games missed and number of injuries were compared before and after the implementation of the league rule. A total of 149 CMF injuries were included in the final sample. Following the mandatory visor rule, there were significant decreases in the total number of CMF injuries per season (14.3 vs 30.7, P=.01) and the number of upper face injuries per season (7.0 vs 16.7, P=.04). Although there was no difference in the ratio of upper facial injuries before and after the rule change, players who wore a face shield did have a lower proportion of upper face injuries among all CMF injuries sustained (42.9 vs 64.6%, P<.01). Ultimately, neither face shield use (P=.49) nor implementing a mandatory face shield rule (P=.62) changed the number of games missed when injury did occur. Upper facial injuries were observed to be less common among players wearing face shields. After the NHL mandated face shields, there were significant decreases in the mean number of CMF and upper facial injuries per season. Face shields did not appear to influence the severity or downtime from injury that were sustained.

Mandatory dividend rules and the investment decision: The case of Chile

Chilean companies are forced by law to distribute at least 30% of their liquid profits. The purpose of this paper is to analyze whether this mandatory dividend rule has an impact on investment decisions. Based on accounting data and by using the discontinuous regression approach, our results show that there are no significant differences between the investment plans of Chilean companies that pay dividends and those that do not. Moreover, consistent with the signaling hypothesis, our results also show that firms with a greater probability of paying an excess dividend (above the minimum required by the law) are those with more investment opportunities and more financial constraints.

Signaling through Carbon Disclosure

We estimate effects of voluntary and mandatory disclosure of carbon emissions on stock returns and volatility using a large global sample of publicly listed firms. We find that voluntary disclosure of scope 1 emissions by companies results in lower stock returns relative to non-disclosing companies. However, a cost of disclosing emissions is increased divestment by institutional investors. We also find that U.K. mandatory carbon disclosure rules for publicly traded companies resulted in lower stock-level uncertainty. The effect of these mandatory disclosure rules also spilled over into other markets, especially those with close geographic and economic proximity, and companies in the same industry.

Optimal Policies for Vaccine Campaign: The Case of COVID-19

We model the Coronavirus disease 2019 (COVID-19) vaccine uptake by assuming (based on the most updated surveys) that the target population has mixed beliefs and is composed of three (rational, skeptic, negationist) types. We calibrate the model with the most reliable historical or forecasted likelihoods of COVID-19 contagion, health effects from contagion, vaccine efficacy and vaccine harm for the Italian population by considering its original features with respect to other vaccines (differential effects on age classes, compressed time for vaccine testing, risk of lockdown, effects of web and social media communication, large scale target population). Our findings show that the vaccine campaign can get close to (but not reach) herd immunity if the under 16 are not vaccinated and the negationist remain contrary to vaccination. Policies that can raise the vaccinated share are communication of news about short term positive outcome of the first vaccinated group to the skeptic group and campaigns creating solidarity frames in the young. We as well discuss the options of mandatory rules and/or soft constraints (introduced by the private or the government sector) versus voluntariness. We however show that sub-herd immunity equilibria can be sufficient to reduce significantly pressure on hospitals thereby creating conditions to bring social and economic life to normality.

Assessing the Impact of Social Distance on Skin Condition during COVID-19 Pandemic Based on an Online Survey

Abstract - After the declaration of the pandemic in March 2020, Governments around the world made social distancing a mandatory rule to practice to prevent the spread of coronavirus infection (covid-19). This action has impacted our lives in several ways, it can be stated that it might also have an impact on skin conditions or lead to skin conditions. The purpose of this survey was to assess if individuals practicing social distancing have experienced any dermatological changes. An online survey consisting of 16 questions was conducted to find out if the prolonged practice of social distancing has led to any skin conditions. 39.7 %( n=93) of individuals who took the survey stated that they have observed changes in their skin, hair, and nails, they stated that these skin changes were observed post-pandemic (p=0.00037). 33.8% (n=79) of participants stated that they are experiencing hair loss and 4.7% (n=11) of individuals noted to have observed vertical lines in their nails. Along with several factors like changes in the skincare routine, diet changes, mood changes, wearing masks, and excessive sanitization, the practice of social distancing has shown to impact changes in dermatological conditions in the pandemic. These conditions can be prevented with the right precautionary measures and can be treated under the care of a dermatologist while still practicing social distancing.

Regulating Optional Rules: About the Many Opportunities a Legislator Has

In regulating contract law, the legislator has a plurality of choices. He is not confined to either prescribe a default from which the parties can unconditionally opt out or prohibit all alternative arrangements by a mandatory rule. Instead he can design the options created by a default rule in various ways. The most important ones are, first, opt-out conditions according to which an opt-out is accepted only in case certain conditions like keeping a written form are met. Second, contract law might demand one party to make an option offer to the other party. In this case the consumer or another weaker party can decide whether the contract shall follow the default rule or deviate from it. The consumer might have a financial incentive to opt out but is not required to follow it. Third, there is the opportunity of response rules which so far escaped academic attention. They leave the parties’ opt-out decision intact but modify or supplement them with additional rules. Unlike ordinary default rules they do not apply, unless the parties have made another choice, but only in case that they made a particular choice. Finally, the legislator can adapt opt-in rules. Their application depends on the parties’ choice. Unlike the rules that the parties choose as an alternative to the default they are unquestionably valid, due to their statutory status. The paper discusses and explores these options in order to show that mandatory rules are only means of last resort.

The substantive Applicable law pursuant to the Code on International Private law of Switzerland (CIPL)

In proceedings in front of an arbitrary tribunal, at international such as also, at the national level, the question always arises as to the applicable substantive law. For the purpose of determining the applicable substantive law, the Arbitration largely recognized the principle of party autonomy. This subjective link to the applicable law enables the parties to agree in their arbitration agreement which law should be used by an arbitrary tribunal for the purpose of reaching a decision on a dispute covered by the arbitration clause. In this way the contracting parties have the option of choosing what they consider to be the best law. This paper deals with this choice of substantive law by the parties. In this context, the question is whether this party autonomy is subject to certain restrictions with regard to the choice of law. In the course of this work, this question will be examined, with a focus on the effects of mandatory norms on the applicable substantive law. After that the question would be, under which prerequisites an international arbitrary tribunal must observe such Mandatory rules. A closer look is needed to show what consequences may such an opting-out have on the consideration of Mandatory rules by the international arbitrary tribunal in the context of the applicable substantive law. B. The applicable substantive law in front of an arbitrary tribunal: Principle of party autonomy A state court is always the authority of a particular state and is therefore bound by the laws in force in the territory of that state. If the question of the substantive law applicable to the case arises before a state court in an international situation, the judge will therefore apply the conflict-of-law rules of his lex fori. An arbitrary tribunal, on the other hand, has no forum and therefore also no lex fori, so it does not just get the conflict of laws of the state of domicile but its lex arbitri. Thus, the choice of the seat of the arbitrary tribunal indirectly influences the choice of the applicable law to the extent that the conflict-of-law rules provided in the lex arbitri are applied to determine the applicable substantive law. In Switzerland, the lex arbitri for international arbitrary tribunals is found in Chapter 12 of the CPIL. In order to determine the law applicable to the dispute, the principle of party autonomy has prevailed in all modern lex arbitri, including Switzerland. The same applies to all institutional arbitration rules which contain a provision on the substantive applicable law. The parties are thus given the opportunity to instruct the arbitrary tribunal which legal rules it should base its assessment of the conflict on. In practice, the vast majority of arbitration clauses are linked to a choice of law clause. Only in the absence of such a choice of law clause does the arbitrary tribunal itself objectively determine the applicable law. It applies the conflict rule contained in the corresponding lex arbitri in this respect.

Mathematics, Psychology, and Law: The Legal Ramifications of the Exponential Growth Bias

Many human decisions, ranging from the taking of loans with compound interest to fighting deadly pandemics, involve phenomena that entail exponential growth. Yet a wide and robust body of empirical studies demonstrates that people systematically underestimate exponential growth. This phenomenon, dubbed the exponential growth bias (EGB), has been documented in numerous contexts, across different populations, using both experimental and observational methods. Despite its centrality to human decision making, legal scholarship has thus far failed to account for the EGB. This Article presents the first comprehensive study of EGB and the law. Incorporating the EGB into legal analysis sheds new light on legal measures that are already in use, and highlights new solutions to numerous problems that the law strives to solve. More concretely, the EGB calls for the introduction of new disclosure duties that would assist people grasp the long-term implications of their choices; the imposition of new mandatory rules that would minimize the exploitation of the EGB by savvy profit-maximizing entrepreneurs; and the adoption of new debiasing techniques that could improve policymakers’ decisions.

Does the SEC Have Legal Authority to Adopt Climate-Change Disclosure Rules?

The Securities and Exchange Commission is planning to propose new mandatory disclosure rules on climate change without further statutory authority from Congress. The purpose of this comment is to explain that the SEC does not currently have statutory authority to adopt such disclosure rules. When evaluated against the Supreme Court’s normal and straightforward method of determining an agency’s rulemaking power, the two main securities acts limit the SEC’s power to issue disclosure rules to specific types of information, such as the business of the company selling the securities, the management, capital structure, and financial statements. Climate-change disclosure rules would have a different subject matter and a different objective from the kind of disclosure requirements Congress permitted the SEC to write. The need for the SEC to have explicit statutory power for climate-change disclosure rules is important to the U.S. form of self-government and the accountability of government officials to the voters. The SEC should respect the role of Congress in setting national policy and stay within the bounds of its statutory authority. This paper was written in anticipation of the SEC, as a full commission, voting to request public comment on a climate-change disclosure proposal. It will be adapted as a comment and will be filed with the SEC shortly after that.

The Global Formulary Apportionment (GFA) Model - Concept of Changed Structures in the Taxation of Multinational Enterprises

The Global Formulary Apportionment Model (GFA Model) applies to the tax accounting of the Global Taxable Income (GTI) of a Multinational Enterprise (MNE) and the Formulary Apportionment (FA) of this GTI between the member states of the model – here the G 20 nations. The resulting Global Taxable Income Share (GTIS) is taxed by the respective Member State, using its national corporate tax rate. Thus, the GFA Model includes four elements: First: The implementation of mandatory Global Tax Accounting Rules (GTAR) for all members of an affiliated group of firms that have a nexus to at least one of the Member States. Second: The formerly separate tax balance sheets of each affiliate of the group will be consolidated to one group tax balance sheet. Third: The group’s worldwide taxable income (GTI), as set forth in their consolidated tax balance sheet, is apportioned among the Member States in which the MNE has a Nexus by using a mandatory formula that is aligned to the income-producing economic activities of the group. The formula apportions the group’s GTI as follows: one-third of the GTI is apportioned to Member States where the group holds material property (Property Factor), one-third is apportioned to Member States in which the group has paid employee compensation (Payroll Factor), and the final third is apportioned to the Member States where the goods and services of the group are sold (Sales Factor). Fourth: The per-country share of the GTI is multiplied by the corporate tax rate of the specific Member State. The minimum tax rate is 19%. The system is mandatory for all legal forms of multinational firms (corporations, partnerships, entrepreneurs, freelancers) irrespective of the size of the firm, as long as the affiliate is economically active in a Member State to the point of forming a nexus. The system will be binding on all Member States and overrides national tax accounting rules. Worldwide, there is only one fiscal authority responsible for the realization of this model. In order for this system to take effect, the potential Member States must sign a multilateral agreement which needs to be ratified by their national parliaments. This agreement will have priority over potential Double Tax Treaties. The ratified agreement will be binding upon the signature of states totaling more than 50% of the world economic output.

The place of voluntary standards in managing social and environmental risks in global value chains

Under the notion of human rights due diligence (HRDD), firms are under a responsibility to account for the social and environmental impact connected to their operations across global value chains. This responsibility intersects with the sphere of operation of voluntary sustainability standards (VSS), that certify production against certain social and environmental criteria. With mandatory European rules on HRDD in the making, the question arises about the extent of alignment of VSS with HRDD notions and, consequently, the possibility for this form of transnational private regulation to complement EU HRDD legislation. After presenting the regulatory effects of HRDD in global value chains and its current transposition in EU instruments, this contribution examines the relation between private standards and HRDD. By delving into the substantive requirements and policies of several schemes certifying agricultural commodities, it studies the extent to which they manage social and environmental risks in global value chains, and their possible support to firms subject to upcoming HRDD obligations.

Optimal Notional Defined Contributions

Notional Defined Contributions (NDC) systems mimic the incentive structure of fully funded social security while preserving the Pay-as-you-go nature of most current systems. We study size-preserving social reforms which replace the current US system with alternative NDCs with many alternative contribution rules and deficit/GDP ratios. If one retains the current mandatory ageindependent contribution rules we find change to an NDC to reduce welfare: the sacrifices in distributive and insurance properties are not compensated by the efficiency gains. NDCs are, however, flexible enough to allow for alternative contribution rules which increase welfare while preserving actuarial fairness. Contributions ought to be age-dependent and concentrated later on a worker’s career. The incentive structure induces an increase in capital accumulation that results, through general equilibrium effects, in welfare gains which are larger for low productivity workers, despite the increase in income inequality as captured by the Gini coefficient.

Partnership schemes in implementing mandatory garlic planting rules for importers: the case in East Lombok, Magelang, and Temanggung

National statistical data shows that almost all of Indonesia’s garlic needs are imported from other countries. Local production is only less than 10% of the total national demand for garlic. The Indonesian government is currently working to increase national garlic production in order to reduce imports dependency. One of the efforts taken is to increase the planting area through mandatory planting regulations for garlic importers. Every importer is required to grow garlic in Indonesia, which, if converted, is equivalent to five per cent of the total imported garlic. Importers are given freedom regarding the planting mechanism, whether to plant by themselves or through the partnership scheme with farmers. Particularly for the partnership scheme with farmers, it is necessary to study a partnership scheme that is mutually beneficial for both parties. A study was conducted in 2018 as part of a horticultural development policy analysis research to examine the effectiveness of cooperation in implementing mandatory garlic planting regulations for importers. This research was conducted in three locations, East Lombok, Magelang, and Temanggung. This study found that each of the three locations has different cooperation schemes. Farmers are interested in forming partnerships with importers for several reasons: certainty of obtaining seeds and operational costs, and other reasons such as marketing certainty and the opportunity to get cultivation technology assistance.

Obowiązek raportowania schematów podatkowych przez korzystających wobec wolności od samooskarżania w kontekście wyroku Europejskiego Trybunału Praw Człowieka J.B. przeciwko Szwajcarii

Przedmiot badań: Orzeczenie J.B. przeciwko Szwajcarii wydane przez ETPCz jest jednym z wy­znaczników standardu ochrony wolności od samooskarżenia. Zgodnie z treścią tego orzeczenia, jednostka powinna być chroniona przed przymusem składania dokumentów, które dostarczyłyby informacji mogących stanowić dowód przeciwko niej. Przepisy MDR (Mandatory Disclosure Rules – raportowanie schematów podatkowych), zawarte w rozdziale 11a Ordynacji podatkowej, nakładają na korzystających obowiązek raportowania do Szefa Krajowej Informacji Skarbowej każdej działalności prawnej mającej skutki w prawie podatkowym.&#x0D; Cel badawczy: Celem niniejszego artykułu jest przeprowadzenie analizy prawno-porównawczej regulacji MDR z wyrokiem w sprawie J.B. przeciwko Szwajcarii i wykazanie możliwych analogii z regulacją MDR, które mogą pomóc rozpoznać możliwe naruszenia zakazu zmuszania do samo­oskarżania, wywodzonego z art. 6 Europejskiej Konwencji Praw Człowieka. Celem artykułu jest także sprawdzenie, na ile MDR stanowi obowiązek autodonosu.&#x0D; Metoda badawcza: W artykule zastosowano komparatystyczną analizę orzeczeń Europejskiego Trybunału Praw Człowieka i Trybunału Sprawiedliwości Unii Europejskiej. Analiza została też wsparta analizą dogmatyczno-prawną obowiązku raportowania schematów podatkowych. Wyko­rzystano głównie orzeczenie ETPCz J.B. przeciwko Szwajcarii w zakresie prawa do zachowania milczenia. Porównano też standard ochrony wolności od samooskarżania odtworzony na przykła­dzie J.B. z normami MDR.&#x0D; Wyniki: Przepisy MDR mogą stanowić ciche zbieranie dowodów na potrzeby innych po­stępowań i są niezgodne z prawem do milczenia, szczególnie w przypadku osób fizycznych, a postępowanie podatkowe może mieć charakter karny. Nie ma znaczenia formalne rozdziele­nie postępowań. W tym zakresie stanowisko ETPCz podziela też TSUE.

Regulatory Interventions in Response to Non-Compliance with Mandatory Derivatives Disclosure Rules

Regulatory Interventions in Response to Non-Compliance with Mandatory Derivatives Disclosure Rules

Schematy podatkowe a tajemnica zawodowa wybranych zawodów zaufania publicznego

The institution of Mandatory Disclosure Rules was regulated in polish Tax Code in 2019. This implementation was made due to Council Directive 2018/822. Although these polish legal norms have clearly been problematic. It is claimed that professional secrecy of profession like for example: lawyers, legal advisors, tax advisors can be affected by the obligation to report some kind of tax schemes even without getting exemption from professional secrecy by client. The aim of this paper is to show that these regulations can be not constitutional in term of art. 17 of Polish Constitution.

The Divergent Designs of Mandatory Takeovers in Asia

Optimal takeover regulation aims to promote efficient changes of corporate control while curbing inefficient takeovers. Viewed from a comparative perspective, the Anglo-American prototypes spearhead not only the discourse but also the dissemination of takeover regulation globally. At the one end of the spectrum, the law in the United States (U.S.) follows the “market rule,” whereby transfers of corporate control benefit from a regulatory freehand. At the other end of the spectrum lies the “mandatory bid rule” (MBR), epitomized by takeover regulation in the United Kingdom (U.K.). Under the U.K.’s version of the MBR, an acquirer who acquires de facto control over a target must make a general offer to the remaining shareholders to acquire all of their shares at the same price it paid to acquire the controlling block. In this article, we aim to analyze how and why six significant Asian jurisdictions adopted the MBR and its variants. This is puzzling given that the jurisdictions display considerable divergence in terms of structural, legal, and institutional foundations, not only with their Anglo-American counterparts but also even among themselves. In this article, we challenge the prevailing notion that the binary Anglo-American approach constitutes the framework for the dissemination of takeover regulation worldwide. We claim that because of the political economy of takeover regulation in the Asian jurisdictions, the choice to adopt various intermediate positions is by design and not by default. Considering the market rule provides suboptimal protection to minority shareholders and the MBR curbs the market for corporate control, the intermediate positions aim to balance these somewhat conflicting objectives. Our study contributes to the wider debate surrounding the appropriate takeover regulation and, more specifically, the claims made by the proponents of the market rule on the one hand and the MBR on the other.

Encryption File System Framework - Proof of Concept

Abstract Edge Computing, also known as the IoT ecosystem, has recently become a cornerstone of computational evolution. Most recently, challenges emerged in the act of protecting such technology, hence it became increasingly popular in recent years, and with this growth, safety concerns increased due the recent growing number of hacking events. Recent challenges rely in the IoT technologies e.g., virtual interfaces, to deliver solutions to end point terminals and securing this relation is significantly important hence these terminals are commonly in the end user pocket, where other personal information is also present. There are several tools available for developers to protect data, comprising international mandatory rules for security has there is common sense to do it. The purpose of this project was to create one specific and unique framework where the developer has no need to possess knowledge in the subject of cryptography, to be able to perform security operations on files with data encrypted.

Имплементация норм международного права о правовом статусе беженцев в законодательство российской федерации и механизм их реализации

The analysis of the application of the norms of international law in relation to the establishment of the legal status of refugees, their protection, granting of asylum in the Russian legal system is carried out. Conclusions are drawn about the inconsistency of some norms of national law with universal norms. Problems are identified at the term level. The necessity of supplementing the concept of «refugee» with new categories and features, such as armed conflicts in the country of habitual residence, is substantiated. In support of this thesis, an overview of Russian judicial practice is given. It is concluded that from a legal point of view, both at the universal and at the national levels, a very effective system of assistance to refugees has developed. However, in practice, when the need arises to implement such norms, numerous difficulties arise. It is recommended to solve these problems by eliminating the inconsistency of norms at different levels. The 1951 Convention has ceased to meet the needs and realities of the modern world order. The need to revise the entire system of norms in this area, and the implementation of innovations in national laws is revealed. The role of cooperation between the Office of the UN High Commissioner for Refugees and the national departments of the Russian Federation is analyzed, and the significant role of the Agency in improving the legislative framework of the Russian Federation is indicated. It is recommended to develop mandatory rules regarding the procedure for granting refugee status. It is proposed to give more legal force to the New York Declaration adopted in 2016, which fully fills the gaps in this area, but at the moment it is only advisory in nature. The tightening of the rules for granting legal status to refugees as a result of the analysis of current trends in the migration policy of Russia is revealed. It is recommended to find a balance of interests in terms of the ratio of the principles of sovereignty and respect for human rights and freedoms.

ДО ПИТАННЯ СИСТЕМАТИЗАЦІЇ РИЗИКІВ, СПРИЧИНЕНИХ ОБРОБЛЕННЯМ ПЕРСОНАЛЬНИХ ДАНИХ ІЗ ВИКОРИСТАННЯМ ТЕХНОЛОГІЙ ШТУЧНОГО ІНТЕЛЕКТУ

The purpose of the study in this article is to systematise the risks that may be caused by the processing of personal data using artificial intelligence technologies, according to the criteria of stages of personal data processing and legislation that may be violated due to those risks. Based on the systematisation of risks, the aim was also to analyse the means of preventing and minimising the risks caused by the use of artificial intelligence technologies. To achieve the purpose of this work, the following methods were used: structural, functional, systemic, comparative, as well as the method of analysis. Among the special scientific methods are methods of systematic and dynamic interpretation of legislation in the field of personal data protection. The study analysed in accordance with the legislation of Ukraine and systematised legal risks caused by the processing of personal data using artificial intelligence technologies; identified factors and interests with which it is necessary to balance the minimisation of legal risks; proposed components of a comprehensive regulatory system aimed at minimising risks and ensuring a balance between the interests of individuals and organisations that collect and process personal data. The obtained results allowed to come to the following conclusions: 1) The use of artificial intelligence algorithms in human interaction gives undeniable advantages and social benefits; 2) Unregulated use of this technology poses significant risks of violation of the human right for respect for private life and the right to protection of personal data. The main aspects of such risks are the illegal use of collected personal data for machine learning, opacity and loss of control over the logic of decision-making, as well as the risks of breach of personal data security; 3) In order to minimise risks and ensure a balance between private and public interest, it is necessary to find a comprehensive approach that involves all stakeholders. An integrated approach involves the application of mandatory rules of conduct and the rules of so-called soft law.