The Court of Appeal's decision in Fulham Football Club (1987) Ltd v Richards & Anor is both of interest and significance. By embracing the idea of the parties’ ability to ‘contract out’ of their statutory right to petition the court for relief under section 994 of the Companies Act 2006 (the so‐called ‘unfair prejudice’ remedy), their Lordships have not only contrived to stunt the future development of unfair prejudice as a minority shareholder remedy but, and more importantly for the purposes of this case note, their decision has reasserted and extended the contractual analogy in modern UK company law. 相似文献
The central position of this article is that validation and interoperability are paramount for the effective and ethical use of biometrics. Illuminating the relevance for policymakers of the science underlying the security and privacy aspects of biometrics, this article calls for adequate and enforceable performance metrics that can be independently corroborated. Accordingly, the article considers biometrics and forensics for the dual challenges of addressing security and privacy using smart identity management. The discussion revolves around the concepts of “personally identifiable information” (PII) and interoperability with emphasis on quantitative performance analysis and validation for uncontrolled operational settings, variable demographics, and distributed and federated operations. Validation metrics includes expected rates of identification/misidentification, precision, and recall. The complementary concepts of identity and anonymity are addressed in terms of expected performance, functionality, law and ethics, forensics, and statistical learning. Biometrics encompasses appearance, behavior, and cognitive state or intent. Modes of deployment and performance evaluation for biometrics are detailed, with operational and adversarial challenges for both security and privacy described in terms of trustworthiness, vulnerabilities, functional creep, and feasibility of safeguards. The article underscores how lack of interoperability is mostly due to overfitting and tuning to well‐controlled settings, so that validation merely confirms “teaching to the test” rather than preparation for real‐world deployment. Most important for validation is reproducibility of results including full information on the experimental design used, that forensic exclusion is allowed, and that scientific methods for performance evaluation are followed. The article concludes with expected developments regarding technology use and advancements that bear on security and privacy, including data streams and video, de‐anonymization and reidentification, social media analytics and cyber security, and smart camera networks and surveillance. 相似文献
International criminal law has changed rather dramatically in the last three decades. Whereas in the early 1990s the field was an almost exotic specialization of penal law, it has now developed into a thriving part of the law. Nowadays, most law schools have specialists in international criminal law which has usually developed into an important field of research. An important factor in this development has been the performance of three Special Criminal Tribunals established by the United Nations Security Council. In this article their institutional record as well as their importance for the development of international criminal law will be reviewed. In both senses, on the basis of a necessarily concise review, it is submitted that the performance of the tribunals must be considered a success. The International Criminal Court (ICC) is already twenty years in existence. Its performance cannot be judged equally successfully, however. In particular as an institution it cannot point to records comparable to those of the Special Criminal Tribunals. Still, although it is undoubtedly fragile, the ICC has become a relevant feature of modern international law and in international relations (as a brief examination of its potential role regarding the Special Military Operation in Ukraine shows). Notwithstanding its institutional weaknesses, the importance of the ICC manifests itself in its Statute which can be seen as a codification of international criminal law. The strong increase in the domestic administration of international crimes as a consequence of the principle of the complementarity of the Statute is taken into consideration.
There have been widespread attempts to implement PPBS or at least some of its major concepts, in local and state governments beginning in 1965. The majority of this effort has focused around the development of the structural aspects, including statements of general objectives, development of program structures, and preparation of program budgets. The use of multi-year projections and improved output measurement has begun to gain interest. Recent progress, particularly in the latter, has been encouraging. However, progress in the undertaking of the type of program and policy analysis called for by PPBS has been slow with few exceptions. The lack of quality analytical staffs inside state and local governments has been perhaps the major obstacle.This paper is a revision of a paper prepared for the Department of Housing and Urban Development as a working paper for the Organization for Economic Cooperation and Development (OECD). The views expressed are those of the author and do not necessarily represent those of HUD, OECD, or The Urban Institute. 相似文献
This study performed a cost-effectiveness analysis (CEA) of the Amity in-prison Therapeutic Community (TC) and Vista aftercare programs for criminal offenders in California. For the average treatment participant, the cost of treatment was $4,112, which led to approximately fifty-one fewer days incarcerated (36% less) than the average individual in the control group. This implies that, for the average offender, treatment reduced recidivism at a cost of $80 per incarceration day. For participants who received both in-prison treatment and aftercare services, an additional day of incarceration was avoided at a cost of $51 per day relative to those that received in-prison treatment only. 相似文献