Priority Of Claims Research Articles

Balancing of Counterclaims as a Legal Construction Similar to Set-off

This article examines the application of set-off under Article 410 of the Civil Code of the Russian Federation within bankruptcy procedures, highlighting the limitations imposed by proportionality and claims priority rules. These restrictions often conflict with economic feasibility, leading to the emergence of a legal construction known as the balancing of counterclaims in judicial practice. Although balancing of counterclaims functions similarly to set-off, it circumvents the statutory limitations traditionally applied to set-off. Despite its practical utility in addressing set-off admissibility issues in bankruptcy, the concept lacks proper legal justification. This article explores the legal nature of balancing counterclaims, its distinctions from set-off, and its criteria and application procedures. The article begins by examining the historical evolution of balancing counterclaims and the rationale behind their distinct terminology. A comparative analysis with set-off under Article 410 of the Civil Code is conducted, focusing on the grounds for obligations termination, purpose, scope, and procedural applications. Key differences between the two concepts are in their goal and limited application scope, allowing balancing counterclaims to operate beyond the proportionality and claim priority constraints. Additionally, the article delves into potential penalties and the security functions associated with balancing counterclaims. In conclusion, balancing counterclaims can be best understood either as a legal construct derived from traditional set-off principles or as a criterion for determining transaction admissibility, including set-off, within bankruptcy contexts.

Trading electricity using tranched power delivery contracts

ABSTRACT This letter proposes a novel way to apportion real-time renewable generation outputs between diverse token holders, using a novel tranching mechanism. This novel tranching structure is proposed to better manage the unpredictability of renewable power delivery and also as a case study of the exotic new instruments that could be offered in decentralized electricity marketplaces. Under this framework, a wind farm directly sells claims on their future power output in the form of a digital token. The realized generation then offsets the token holders’ electricity consumption in near real-time. Two ways of structuring such forward delivery instruments are considered: a tranched system, where more senior token holders enjoy priority claims on available outputs, as compared against a pro-rata scheme, where the realized generation is equally apportioned between token holders. A notional market simulation is provided to explore how consumers may exploit the distinct power delivery profiles.

What Is This “Tranquility”? A Reply to Nelson

In a note appearing in the August 2024 issue of History of Political Economy (HOPE), Edward Nelson argues that a passage commenting on James Forder's Macroeconomics and the Phillips Curve Myth (2014) in a 2023 HOPE article by Carlo Cristiano titled “The Early Reception of the Phillips Curve in the United Kingdom” would provide a false characterization of the economic literature and claims priority in affirming that UK policymakers did not use the Phillips curve as a menu for policy. It is shown in this reply that Nelson's reading of Cristiano's 2023 article, and more specifically of the passage commenting on Forder's 2014 book, is based on a misunderstanding. The purpose of the 2023 article was not to show that UK policymakers did not use the Phillips trade-off as a menu for policy. In that article, consensus on this point is taken for granted. It is also argued in this reply that there is no need to mention Nelson's works to affirm that UK policymakers did not use the Phillips trade-off as a policy menu and that Nelson's works are indeed very relevant, but for other reasons.

Misinformation as a Harm: Structured Approaches for Fact-Checking Prioritization

In this work, we examine how fact-checkers prioritize which claims to fact-check and what tools may assist them in their efforts. Through a series of interviews with 23 professional fact-checkers from around the world, we validate that harm assessment is a central component of how fact-checkers triage their work. We also clarify the processes behind fact-checking prioritization, finding that they are typically ad hoc, and gather suggestions for tools that could help with these processes. To address the needs articulated by fact-checkers, we present a structured framework of questions to help fact-checkers negotiate the priority of claims through assessing potential harms. Our FABLE Framework of Misinformation Harms incorporates five dimensions of magnitude---(social) Fragmentation, Actionability, Believability, Likelihood of spread, and Exploitativeness---that can help determine the potential urgency of a specific message or claim when considering misinformation as harm. The result is a practical and conceptual tool to support fact-checkers and others as they make strategic decisions to prioritize their efforts. We conclude with a discussion of computational approaches to support structured prioritization, as well as applications beyond fact-checking to content moderation and curation.

An Evaluation of Intellectual Property Rights Protection in Outer Space Activities

Plans for settlement on the moon and Mars, as well as satellite launches and space missions, are examples of the fast growing field of outer space operations. Establishing precise intellectual property rights frameworks has become essential as both public and commercial entities increase their investments in space technologies. Regarding jurisdictional authority, legislative authority, and the enforceability of intellectual property rights for technologies developed in space or utilized in extraterrestrial conditions, there are uncertainties. In the context of space operations, this article conducts a critical study of present international laws, treaties, and policy discussions on intellectual property protection. It investigates trade secrets, copyrights, trademarks, patents, and industrial designs related to space technology, operations carried out in celestial bodies, and spacecraft launched from Earth. Analyzed are the gaps and restrictions provided by current legislation, particularly Article VIII of the Outer Space Treaty, which prohibits the appropriation of space. It is also assessed how well-suited the existing organizations are to manage this field, including the United Nations Committee on Peaceful Uses of Outer Space and international space law conventions. A review of recent US laws pertaining to "space resources" and case law is presented to emphasize the necessity of an international regulatory framework for intellectual property rights in space innovation, exploration, and business. A sui generis framework is necessary because of the worldwide cooperation needed in space stations and habitats and the lack of prior experience implementing territorial intellectual property rights in extraterrestrial environments. The key components of such a customized regime that are discussed in this article are the necessity for disclosure requirements for space innovations, subject matter jurisdiction, international agreements on ownership doctrines, and technological use, particularly the establishment of priority claims over space resources

Rating Bonds Before Moody’s: 1886-1893

This paper is the first in a series examining the credit quality of an evolving sample of seasoned, medium to high-grade, long-term railroad bonds during the late 19th and early 20th Centuries. The paper develops a simple model capable of pricing these bonds and assembles the requisite financial statement and market data needed to calibrate the model. The exercise demonstrates that these bonds were priced according to the financial strength of their issuer and their priority of claim (and modified by other factors, many of which are interesting in themselves). These findings suggest that these bonds can be rated from information available in real-time before Moody’s innovation of bond ratings in 1909.

The Case of the Missing Potatoes: Reconsidering Michael Polanyi’s Spontaneous Order

ABSTRACT Spontaneous order literature (“Tradition of Spontaneous Order” (1982) by Norman Barry; The Scottish Enlightenment and the Theory of Spontaneous Order (1987) by Ronald Hamowy; "Spontaneous Order" (1989) by Robert Sugden; "The Theory of Spontaneous Order and Cultural Evolution in the Social Theory of F.A. Hayek" (1990) by Peter J. Boettke; Calculation and Coordination: Essays on Socialism and Transitional Political Economy (2001) by Peter J. Boettke; Hayek's Liberalism and Its Origins: His Idea of Spontaneous Order and the Scottish Enlightenment (2001) by Christina Petsoulas; "The Origin and Scope of Hayek’s Idea of Spontaneous Order" (2007) by Louis Hunt; "Spontaneous Order" (2015) by Daniel J. D'Amico; "Spontaneous Economic Order" (2016) by Yong Tao) has long downplayed the ideas of Michael Polanyi. When attempts were being made to change this attitude ("Polanyi on Liberal Neutrality" (1996/97) by C. P. Goodman; "Michael Polanyi and Spontaneous Order, 1941-1951" (1997) by Struan Jacobs), they mostly suggested to replace Hayek with Polanyi as the key figure who recoined the concept for the twentieth century. Not surprisingly, scholars of Austrian economics jumped into the arena of competing priority claims ("Against Polanyi-Centrism: Hayek and the Re-Emergence of “Spontaneous Order”" (2005) by John P. Bladel) and claimed that Hayek, von Mises and Röpke have argued for such an order long before Polanyi’s first writing using this terminology was published in 1948. Only a few accounts attempted to present some kind of balance in this respect (Adam Smith's Political Philosophy: The Invisible Hand and Spontaneous Order (2006) by Craig Smith; The Collected Works of F.A. Hayek, Volume 15: The Market and Other Orders (2014) by Bruce Caldwell; "Friedrich Hayek and Michael Polanyi in Correspondence" (2016) by Struan Jacobs and Phil Mullins; The Architecture of Neoliberalism: How Contemporary Architecture Became an Instrument of Control and Compliance (2016) by Douglas Spencer; "Editorial Introduction to ‘Collectivist Planning’ by Michael Polanyi (1940)" (2019) by Geoffrey M. Hodgson). This paper aims to explore the so far untold characteristics of Polanyi’s spontaneous order theory through analysing archival materials and doing so offers a reason for reconsidering what we have to know about the history of spontaneous order theory. And this reconsideration might lead to developing new, more fine-grained and viable theories of spontaneous order, including those that can treat claims of spontaneous order and claims of social justice not as incompatible but as compatible aims in ordering social affairs. This perspective should, no doubt, come in handy in our increasingly polarized societies at the beginning of the twenty-first century.

Romantic Priority Claims, or, Who Has Priority in Deep Time?

ABSTRACT This essay seeks to extend the definition of the term priority claim, arguing that some kinds of priority claims operate across literature and science and may be made on behalf of past actors as well as oneself. My examples are drawn primarily from eighteenth- and nineteenth-century accounts of the place of early or ancestral humans in deep time, particularly those of Thomas Carlyle, John Lubbock, and Johann Gottfried Herder. In making this argument, I attend specifically to the role of race and gender in these accounts and to the rhetorical and affective intensity accruing around the identities of those imagined to inhabit deep time. Deep time, as a contentious and vaguely defined sphere of discovery prior to the establishment of radiometric dating, provides a field especially adapted to priority claims in this extended sense.

Researchers’ perceptions, patterns, motives, and challenges in self-archiving as a function of the discipline

The green open access (OA) model, which offers the most economical approach to comply with open access policies, can increase researchers’ audience and scientific outputs impact by delivering wider and easier access. This study examined researchers’ perceptions from STEM (science, technology, engineering, math) and SSH (social sciences, art and humanities) disciplines in order to reveal the types, patterns, motives, and challenges underlying their articles’ self-archiving in the green route to open-access (repositories and institutional repositories) and ASNs (academic social networks). Interviews were conducted with 20 Israeli academic researchers. Half were from STEM and half from SSH disciplines. Interviews were mapped using a bottom-up thematic analysis and follow-up quantitative comparisons. According to the findings, STEM researchers self-archived pre/post-print versions of their articles to subject-based repositories as a part of their discipline norm resulting from their funding grant requirements and as a way to receive recognition and claim priority. SSH researchers post a link to the printed-published article at the publisher’s website in ASNs, and their goal is greater visibility. In addition, findings indicate a lack of awareness, mostly by SSH researchers, regarding copyright issues and OA repositories. The green OA model provides opportunities for researchers to self-archive their work. However, there are differences between the disciplines regarding where, when, why, and how to self-archive, and what is considered a legitimate mode of green OA. This indicates an urgent need to raise SSH researchers’ awareness of the existence of open subject-based repositories and of the terms of self-archiving from publishers.

Mountains and the German Mind: Translations from Gessner to Messner, 1541–2009 ed. by Sean Ireton and Caroline Schaumann

Reviewed by: Mountains and the German Mind: Translations from Gessner to Messner, 1541–2009 ed. by Sean Ireton and Caroline Schaumann Noah Heringman Sean Ireton and Caroline Schaumann, eds. Mountains and the German Mind: Translations from Gessner to Messner, 1541–2009. Rochester, NY: Camden House, 2020. vii + 361 pp. A. C. Spectorsky prefaced his classic anthology, The Book of the Mountains (1955), by interrogating the figure of alpine "conquest": Currently, there has been an effusion of writing about the conquest of heretofore impregnable peaks. Conquest is an odd word used thus: Months and years of planning weeks and months of desperate and perilous toil are invested in a brief moment when perhaps two men, swaddled, numb, gasping like stranded fish, triumphantly stand with their heads some six feet higher than the hoary peak of a mountain which has—massive and impersonal—forced upon them adaptations almost beyond the limits of human flexibility and endurance. Not surprisingly, Spectorsky's curiosity about what it might mean to conquer a mountain led him to include several German-speaking authors in his anthology, and he could have found much additional material in Sean Ireton and Caroline Schaumann's new anthology, Mountains and the German Mind. Spectorsky had the scope to include a global cohort of authors from antiquity to the present, and to address "the total sense of the mountain world … of which mountain climbing is only a part." Mountains and the German Mind has the more modest aim of surveying German-language writings focused mainly on climbing. Alexander von Humboldt is the only author shared by the two anthologies, though the series of German expeditions to the Himalayas, featured in one chapter of Ireton and Schaumann's book, is also documented in The Book of the Mountains. Ireton and Schaumann's admirable goal is to make important German texts available for the first time in English. Each of its thirteen chapters consists of an introduction followed by a translation from a Germanophone mountaineer-author. As advertised, the German texts span the period 1541–2009, from the Swiss humanist Conrad Gessner to the South Tyrolese celebrity Reinhold Messner. [End Page 206] By depicting mountaineering as a centuries-old pursuit, this volume makes visible inherited tropes conditioning this pastime long before it was a sport, while also revealing unique constellations of scientific, aesthetic, and ideological positions that characterized each stage of its development. Some of the most persistent tropes include the sublime, nationalism and nativism, primitivism, survival, geological time, and claims of priority, the latter being a subset of the larger topos of mastery or "conquest" identified by Spectorsky in 1955. A more scholarly book from the 1950s, Marjorie Hope Nicolson's Mountain Gloom and Mountain Glory (1959), provides a key reference for the editors in their introduction and for the translators of the first two chapters. The early modern narratives of Gessner (trans. Dan Hooley) and Johann Jakob Scheuchzer (trans. Jennifer Jenkins) help to make clear the limitations of Nicolson's argument (drawing mainly on English literature) that a sudden cultural transformation in the late seventeenth century made the appreciation of mountains possible. While echoing Nicolson's insistence on actual travel through the mountains, these authors show that the English travelers she studies were latecomers on the scene. Even the third chapter, an excerpt from the 1784 Alpine travelogue of Sophie von La Roche (trans. Martina Kopf), shows the influence of a much longer tradition of interpreting mountains through the lens of "providential design." Christoph Weber's emphasis on this point in his introduction to Scheuchzer, together with Kopf's helpful gloss on the Swiss literary tradition that inspired La Roche, helps to establish "mountain glory" as an abiding through-line for the volume. The conquest of mountains, however, becomes a much more dominant preoccupation in the nineteenth century, bearing out the idea of a historical "shift" put forward by the editors. In chapter 5 on Humboldt, we find a strong emphasis on priority claims in the primary text, reinforced by Schaumann's contextualization of his "mountain feats." For Herrmann von Barth, the subject of the next chapter, conquest becomes the raison d'être of "Alpine sport": "Man longs to feel that he is...

Pravni režim zaštite potraživanja zaposlenih u slučaju stečaja poslodavca u Republici Srbiji

When bankruptcy proceedings are initiated by an employer, that often leads to uncertainty and problems for its employees. One of the biggest problems in this kind of situation is the protection of employees' claims arising from the employment relationship. Employees have the right to the payment of their claims arising from the employment relationship, such as unpaid wages, transportation allowances, meal allowances, holiday bonuses and the alike. However, in the case of the employer's bankruptcy, these claims are at risk, and there is a possibility that employees may not be able to fully collect them, which compromises the fundamental principles of labor legislation. For this reason, the state intervenes to protect monetary claims arising from employment. The primary mechanism involves granting privileged creditor status with priority claims, along with mechanisms to protect these claims through a special guarantee institution. If there was no such intervention by the state, the realization of those rights would be difficult. However, even with state intervention, the realization of these rights is not guaranteed. In this regard, this paper will examine models for protecting employees' claims in the event of bankruptcy, while identifying practical problems in this field.

Пирров компромисс. Очередность требований по налогу на прибыль от реализации имущества в банкротстве

Пирров компромисс. Очередность требований по налогу на прибыль от реализации имущества в банкротстве

Science, Interrupted

During the Second World War, journal editors working under the American Advisory Committee on Scientific Publications (ACSP) struggled to reconcile new demands of secrecy with their commitment to open exchange of knowledge. ACSP referees’ dilemmas were most acute where the consequences of disclosure were least obvious. Their greatest disagreements emerged not out of nuclear weapons research, but rather from problems of lesser perceived military significance, which were nevertheless the subject of contracted work with the Office of Scientific Research and Development. Although civilian scientists could publish on these topics without consequences to national security, the ACSP frequently restricted civilian publications for the simple reason that military-contracted scientists were performing similar research. This paper examines three cases in which the priority claims of federally contracted researchers influenced decisions on censorship. In these cases, referees imposed censorship to ensure equal access to publication channels, when federal contracts had divided the American scientific community into civilian and military-adjacent subgroups. Uniform censorship preserved the image of a uniform scientific community.

Six thousand masks for one imposter

Having recently given, and published in Third Text referee journal and Third Text Online, a series of articles on mask, class and carnival, I was recently invited to write a text to accompany an exhibition relating to masks. Mask, Masque, Masc was a group exhibition hosted online between 14 and 31 May 2020. It was curated by Marc Hulson, Alessandra Falbo and Rolina E. Blok, and hosted by Five Years and Darling Pearls & Co at Platforms Project Net 2020 (see: http://www.fiveyears.org.uk/archive2/pages/277/Masc_Mask_Masque/277.html. Accessed 28 July 2021). This article is a transformed version of that text, edited and extended to suit this journal and the requirements and suggestions of the journal’s reviewers. It starts out with an epigraph taken from Nietzsche, followed by two quotes from Walter Benjamin that relate writing playfully to ‘magic’. It later turns towards a conclusion with two more fulsome quotes from F.W. Nietzsche, which dispute the priority of truth and claim that every word is a mask. The piece aims to encourage and support newcomers to writing, as well as non-native speakers and those from less privileged backgrounds; any and all of whom might nervously feel that their own writing is in some way illegitimate. I draw upon my experience as an arts lecturer and arts writer, as the article becomes an example of an autobiographical strain in my work that uses first-person narratives to explore ways in which writing, education (in general) and art education (in particular) might contribute to or help us negotiate class consciousness and cultural barriers. The article discusses ways in which new technologies invite and allow new voices to gain confidence in writing, and also alludes to ‘masks’, ‘imposters’ and ‘imposter syndrome’ (initially nominated as a feminist concern). It attempts to help and to advise aspiring writers by ‘dis-spelling’ myths of writing as transcendent, privileged and thereby socially divisive, and promotes the idea of writing as a material process (no less ‘magical’ for that) open to all. Interestingly, the title of this article alludes to its own word count, and thus the title had to be changed each time the article was edited and as it grew into the approximately 6,000-word essay it is now. As well as being, in this and other ways, self-reflexive and self-conscious, the writing becomes self-deconstructive towards its conclusion, tugging at a certain ‘masc’-ulinity concerning the sources and motivations for the writing and of the author that might otherwise remain masked to the author. This allows the piece to end by extending the implications of a purported écriture feminine to become an encouragement to more and different ‘others’ to find a way, and to find their way, to and through writing, meanwhile expanding on the many ways in which we might deploy a new-found freedom to write according to the model of words as masks, of writing as a masque and of the author as masked.

Ernest Rutherford’s ambitions

One of the pioneers of radioactivity research, Rutherford feared his work would be overlooked—and changed his publishing strategies to make sure it wasn’t.

<strong>Typification of the name <em>Ephedra nebrodensis</em> (Ephedraceae)</strong>

Ephedra Tourn. ex Linnaeus (1753: 1040) (Ephedraceae) includes about 80 species occurring worldwide (WCSP 2020 onwards). Ephedra nebrodensis Tineo ex Gussone (1844: 638) is a Macaronesian-Mediterranean nanophanerophyte, growing in dry and rocky places (Pignatti et al. 2017). However, if on one hand the application of this name is unequivocal, on the other hand, when E. major Host (1831: 671) and E. nebrodensis are regarded as synonyms (e.g., Freitag & Maier-Stolte 1993, Bartolucci et al. 2018, WCSP 2020 onwards), the name by Host claims priority. Nevertheless, E. major is a nomen ambiguum (Greuter et al. 1984), considered by some authors as a synonym of E. foeminea Forsskål (1775: 219) (Nouviant 1999), so that Brullo & Del Guacchio (2021) made a formal proposal to reject the name according to Art. 57.1 of the ICN (Turland et al. 2018). Such a proposal, if accepted, automatically will establish E. nebrodensis as the priority name (see WCSP 2020 onwards for a list of heterotypic synonyms).

ДЕРЖАВНА ПОЛІТИКА В НАФТОГАЗОВІЙ СФЕРІ В КОНТЕКСТІ НАЦІОНАЛЬНОЇ БЕЗПЕКИ УКРАЇНИ

Проаналізовано характер розвитку правовідносин у нафтогазовій сфері в контексті визначення потенційних загроз національній безпеці держави. З’ясовано, що причинами змін державної політики в нафтогазовій сфері є зовнішньополітичні виклики. Висвітлено перспективні напрями реформування такої політики з огляду на розвиток глобалізаційних процесів та реалізацію Російською Федерацією власного квазіцивілізаційного проєкту. Визначено основні ризики для державної політики в нафтогазовій сфері в контексті національної безпеки України з урахуванням позиції провідних країн ЄС, США та Російської Федерації, зацікавлених у реалізації власних цілей та завдань, пов’язаних із постачанням енергоносіїв.

The 'Streetlight Effect' in Commentary on Citizenship by Investment

In this chapter I examine recent scholarship on the sale of citizenship. Specifically, I discuss Ana Tanasoca’s historical sensitivity to the sale of citizenship, Luca Mavelli’s Foucauldian account of commodification, and Desiree Lim’s account of expressive discrimination. As with any nuanced political inquiry, there are conceptual, ethical and empirical choices that inform such commentary. In making epistemic choices, an empirical claim may well be premised on an implicit ethical argument, a normative argument may be made by selectively picking a certain sort of empirical inquiry, or one among several conceptualisations of a concept may be passed off as the only one. There is therefore the possibility of a ‘streetlight effect’ where the confines of an inquiry are conducted within an already illuminated patch. I show that this phenomenon applies to the scholarly works discussed in this chapter: Commentary on the sale of citizenship is illuminated by a priority for the claims of community on ‘Who Belongs’ over the claims of access on ‘Who Should Get In’. There is a discursive confounding of ethical, conceptual and empirical claims operating under the streetlight of a presupposition that the claims of a pre-existing national community should determine the claims of access. The chapter is divided into three parts: (1) First, I elaborate on what I mean by a priority of claims of community over claims of access. To do so, I reconstruct a celebrated debate between Joseph Carens and David Miller, and show a continuity in the argumentative strategies employed in general criticisms of open borders and specific criticisms of the sale of citizenship; (2) Second, I provide a brief account of the phenomenon of investment migration, including the sale of citizenship and residency, in order to appreciate specific criticisms of the sale of citizenship; and (3) Third, I reconstruct recent scholarly work on investment migration, and show that a general disposition towards divining the preferences of a pre-existing national community and attributing moral weight to such preferences illuminates specific criticisms of the sale of citizenship. At stake is not only good argumentative practice. Critical commentary on investment migration influences both public discourse and official documents. Without specific findings on how and in what form the sale of citizenship is problematic, a general indictment of the phenomenon has the expressive effect of adding to the exclusionary sentiment that is a defining feature of contemporary public life.

Scale effects in dynamic contracting

We study a continuous-time contracting problem in which project scale plays a role. The agent may speculate to enhance the drift of a cash-flow process; doing so exposes the principal to large, infrequent losses. The optimal contract includes scale as an instrument: downsizing along the equilibrium path is necessary to preserve incentive compatibility. We characterize the optimal contract, and specifically the downsizing process, and prove there is an optimal liquidation scale that is reached in finite time. We also analyze some finer properties of the state variables of the contract and the resulting value function of the principal. The optimal contract is implemented using standard financial securities plus debt covenants; holding equity is essential to curb risk taking. Conflicts emerge between classes of security holders and explain phenomena like priority of claims at liquidation.

Immunex Corp. v. Sandoz Inc. United States Court of Appeals of the Federal Circuit, 2020 964 F.3d 1049

Immunex Corp. v. Sandoz Inc. United States Court of Appeals of the Federal Circuit, 2020 964 F.3d 1049