The principle of legal certainty as a principle of economic efficiency

Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible and tantamount to the principle of economic efficiency. We intend to analyse the efficiency rationale of an important general principle of EU law—the principle of legal certainty. In this paper, we shall assert that not only does the EU legal certainty principle encapsulate an efficiency rationale, but most importantly, it has been interpreted by the ECJ as such. The economic perspective of the principle of legal certainty in the European context has, so far, never been adopted. Hence, we intend to fill in this gap and propose the representation of the principle of legal certainty as a principle of economic efficiency. After having deciphered the principle of legal certainty from a law and economics perspective (1), we shall delve into the jurisprudence of the ECJ so that the judicial reasoning of the Court as this reasoning proves the relevance of the proposed representation (2). Finally, we conclude in light of the findings of this paper (3).

Fixed-boundary constituencies and the principle of equal representation in Ireland

The process of constituency boundary revision in Ireland, designed to satisfy what is perceived as a rigid requirement that a uniform deputy-population ratio be maintained across constituencies, has traditionally consumed a great deal of the time of politicians and officials. For almost two decades after a High Court ruling in 1961, the process was a political one, was highly contentious, and was marked by serious allegations of ministerial gerrymandering. The introduction in 1979 of constituency commissions made up of officials neutralised, for the most part, charges that the system had become too politicised, but it continued the process of micro-management of constituency boundaries. This article suggests that the continuing problems caused by this system – notably, the permanently changing nature of constituency boundaries and resulting difficulties of geographical identification – could be resolved by reversion to the procedure that is normal in proportional representation systems: periodic post-census allocation of seats to constituencies whose boundaries are based on those of recognised local government units and which are stable over time. This reform, replacing the principle of redistricting by the principle of reapportionment, would result in more recognisable constituencies, more predictable boundary trajectories over time, and a more efficient, fairer, and speedier process of revision.

The principle of benefit from drug development for patients in clinical research

From an ethical perspective, clinical research involving humans is only acceptable if it involves the potential for benefit. Various characteristics can be applied to differentiate research benefit. Often benefit is categorized in direct or indirect benefit, whereby indirect benefit might be further differentiated in collective or benefit for the society, excluding or including the trial patient in the long term. Ethical guidelines, such as the Declaration of Helsinki in its latest version, do not precisely favor a particular type of benefit.

Preliminary Development and Psychometric Evaluation of the ACL Scale: Factor Structure, Measurement Invariance, Reliability, and Validity

Thesis (Master's)--University of Washington, 2016-08

Improving the Psychometric Utility of the Hypomania Checklist (HCL-32): a Rasch Analysis Approach

Background The HCL-32 is a widely-used screening questionnaire for hypomania. We aimed to use a Rasch analysis approach to (i) evaluate the measurement properties, principally unidimensionality, of the HCL-32, and (ii) generate a score table to allow researchers to convert raw HCL-32 scores into an interval-level measurement which will be more appropriate for statistical analyses. Methods Subjects were part of the Bipolar Disorder Research Network (BDRN) study with DSM-IV bipolar disorder (n=389). Multidimensionality was assessed using the Rasch fit statistics and principle components analysis of the residuals (PCA). Item invariance (differential item functioning, DIF) was tested for gender, bipolar diagnosis and current mental state. Item estimates and reliabilities were calculated. Results Three items (29, 30, 32) had unacceptable fit to the Rasch unidimensional model. Item 14 displayed significant DIF for gender and items 8 and 17 for current mental state. Item estimates confirmed that not all items measure hypomania equally. Limitations This sample was recruited as part of a large ongoing genetic epidemiology study of bipolar disorder and may not be fully representative of the broader clinical population of individuals with bipolar disorder. Conclusion The HCL-32 is unidimensional in practice, but measurements may be further strengthened by the removal of four items. Re-scored linear measurements may be more appropriate for clinical research.

A scale variational principle of Herglotz

The Herglotz problem is a generalization of the fundamental problem of the calculus of variations. In this paper, we consider a class of non-differentiable functions, where the dynamics is described by a scale derivative. Necessary conditions are derived to determine the optimal solution for the problem. Some other problems are considered, like transversality conditions, the multi-dimensional case, higher-order derivatives and for several independent variables.

Design of a speed meter interferometer proof-of-principle experiment

The second generation of large scale interferometric gravitational wave (GW) detectors will be limited by quantum noise over a wide frequency range in their detection band. Further sensitivity improvements for future upgrades or new detectors beyond the second generation motivate the development of measurement schemes to mitigate the impact of quantum noise in these instruments. Two strands of development are being pursued to reach this goal, focusing both on modifications of the well-established Michelson detector configuration and development of different detector topologies. In this paper, we present the design of the world's first Sagnac speed meter (SSM) interferometer, which is currently being constructed at the University of Glasgow. With this proof-of-principle experiment we aim to demonstrate the theoretically predicted lower quantum noise in a Sagnac interferometer compared to an equivalent Michelson interferometer, to qualify SSM for further research towards an implementation in a future generation large scale GW detector, such as the planned Einstein telescope observatory.

The principle of least effort within the hierarchy of linguistic preferences: external evidence from English

The thesis is an investigation of the principle of least effort (Zipf 1949 [1972]). The principle is simple (all effort should be least) and universal (it governs the totality of human behavior). Since the principle is also functional, the thesis adopts a functional theory of language as its theoretical framework, i.e. Natural Linguistics. The explanatory system of Natural Linguistics posits that higher principles govern preferences, which, in turn, manifest themselves as concrete, specific processes in a given language. Therefore, the thesis’ aim is to investigate the principle of least effort on the basis of external evidence from English. The investigation falls into the three following strands: the investigation of the principle itself, the investigation of its application in articulatory effort and the investigation of its application in phonological processes. The structure of the thesis reflects the division of its broad aims. The first part of the thesis presents its theoretical background (Chapter One and Chapter Two), the second part of the thesis deals with application of least effort in articulatory effort (Chapter Three and Chapter Four), whereas the third part discusses the principle of least effort in phonological processes (Chapter Five and Chapter Six). Chapter One serves as an introduction, examining various aspects of the principle of least effort such as its history, literature, operation and motivation. It overviews various names which denote least effort, explains the origins of the principle and reviews the literature devoted to the principle of least effort in a chronological order. The chapter also discusses the nature and operation of the principle, providing numerous examples of the principle at work. It emphasizes the universal character of the principle from the linguistic field (low-level phonetic processes and language universals) and the non-linguistic ones (physics, biology, psychology and cognitive sciences), proving that the principle governs human behavior and choices. Chapter Two provides the theoretical background of the thesis in terms of its theoretical framework and discusses the terms used in the thesis’ title, i.e. hierarchy and preference. It justifies the selection of Natural Linguistics as the thesis’ theoretical framework by outlining its major assumptions and demonstrating its explanatory power. As far as the concepts of hierarchy and preference are concerned, the chapter provides their definitions and reviews their various understandings via decision theories and linguistic preference-based theories. Since the thesis investigates the principle of least effort in language and speech, Chapter Three considers the articulatory aspect of effort. It reviews the notion of easy and difficult sounds and discusses the concept of articulatory effort, overviewing its literature as well as various understandings in a chronological fashion. The chapter also presents the concept of articulatory gestures within the framework of Articulatory Phonology. The thesis’ aim is to investigate the principle of least effort on the basis of external evidence, therefore Chapters Four and Six provide evidence in terms of three experiments, text message studies (Chapter Four) and phonological processes in English (Chapter Six). Chapter Four contains evidence for the principle of least effort in articulation on the basis of experiments. It describes the experiments in terms of their predictions and methodology. In particular, it discusses the adopted measure of effort established by means of the effort parameters as well as their status. The statistical methods of the experiments are also clarified. The chapter reports on the results of the experiments, presenting them in a graphical way and discusses their relation to the tested predictions. Chapter Four establishes a hierarchy of speakers’ preferences with reference to articulatory effort (Figures 30, 31). The thesis investigates the principle of least effort in phonological processes, thus Chapter Five is devoted to the discussion of phonological processes in Natural Phonology. The chapter explains the general nature and motivation of processes as well as the development of processes in child language. It also discusses the organization of processes in terms of their typology as well as the order in which processes apply. The chapter characterizes the semantic properties of processes and overviews Luschützky’s (1997) contribution to NP with respect to processes in terms of their typology and incorporation of articulatory gestures in the concept of a process. Chapter Six investigates phonological processes. In particular, it identifies the issues of lenition/fortition definition and process typology by presenting the current approaches to process definitions and their typology. Since the chapter concludes that no coherent definition of lenition/fortition exists, it develops alternative lenition/fortition definitions. The chapter also revises the typology of phonological processes under effort management, which is an extended version of the principle of least effort. Chapter Seven concludes the thesis with a list of the concepts discussed in the thesis, enumerates the proposals made by the thesis in discussing the concepts and presents some questions for future research which have emerged in the course of investigation. The chapter also specifies the extent to which the investigation of the principle of least effort is a meaningful contribution to phonology.

Beyond the Cosmological Principle

Simplifying the Einstein field equation by assuming the cosmological principle yields a set of differential equations which governs the dynamics of the universe as described in the cosmological standard model. The cosmological principle assumes the space appears the same everywhere and in every direction and moreover, the principle has earned its position as a fundamental assumption in cosmology by being compatible with the observations of the 20th century. It was not until the current century when observations in cosmological scales showed significant deviation from isotropy and homogeneity implying the violation of the principle. Among these observations are the inconsistency between local and non-local Hubble parameter evaluations, baryon acoustic features of the Lyman-α forest and the anomalies of the cosmic microwave background radiation. As a consequence, cosmological models beyond the cosmological principle have been studied vastly; after all, the principle is a hypothesis and as such should frequently be tested as any other assumption in physics. In this thesis, the effects of inhomogeneity and anisotropy, arising as a consequence of discarding the cosmological principle, is investigated. The geometry and matter content of the universe becomes more cumbersome and the resulting effects on the Einstein field equation is introduced. The cosmological standard model and its issues, both fundamental and observational are presented. Particular interest is given to the local Hubble parameter, supernova explosion, baryon acoustic oscillation, and cosmic microwave background observations and the cosmological constant problems. Explored and proposed resolutions emerging by violating the cosmological principle are reviewed. This thesis is concluded by a summary and outlook of the included research papers.

EVIDENCE OF VALIDITY OF THE LSB-50: CROSS-VALIDATION, FACTORIAL INVARIANCE AND EXTERNAL CRITERION ANALYSIS

The aim of this paper was to obtain evidence of the validity of the LSB-50 (de Rivera & Abuín, 2012), a screening measure of psychopathology, in Argentinean adolescents. The sample consisted of 1002 individuals (49.7% male; 50.3% female) between 12 and 18 years-old (M = 14.98; SD = 1.99). A cross-validation study and factorial invariance studies were performed in samples divided by sex and age to test if a seven-factor structure that corresponds to seven clinical scales (Hypersensitivity, Obsessive-Compulsive, Anxiety, Hostility, Somatization, Depression, and Sleep disturbance) was adequate for the LSB-50. The seven-factor structure proved to be suitable for all the subsamples. Next, the fit of the seven-factor structure was studied simultaneously? in the aforementioned subsamples through hierarchical models that imposed different constrains of equivalency?. Results indicated the invariance of the seven clinical dimensions of the LSB-50. Ordinal alphas showed good internal consistency for all the scales. Finally, the correlations with a diagnostic measure of psychopathology (PAI-A) indicated moderate convergence. It is concluded that the analyses performed provide robust evidence of construct validity for the LSB-50

The Principle of Proportionality in International Law

Whilst the principle of proportionality indisputably plays a crucial role in the protection of fundamental rights, it is still unclear to what extent it applies to other fields in international law. The paper therefore explores the role it plays in selected fields of public international law, beyond human rights. The examination begins in the classical domain of reprisals and in maritime boundary delimitation and continues to analyse the role played in the law of multilateral trade regulation of the World Trade Organization and in bilateral investment protection. In an attempt to explain differences in recourse to proportionality in the various fields, we develop in our conclusions a distinction between horizontal and vertical constellations of legal protection.

Investigation of un-American propaganda activities in the United States : Hearings before a Special Committee on Un-American Activities, House of Representatives, Seventy-fifth Congress, third session-Seventy-eighth Congress, second session, on H. Res. 282, to investigate (1) the extent, character, and objects of un-American propaganda activities in the United States, (2) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation.

Martin Dies, chairman.

Factor structure and measurement invariance of the Health Education Impact Questionnaire: does the subjectivity of the response perspective threaten the contextual validity of inferences?

Objective:
On-going evidence is required to support the validity of inferences about change and group differences in the
evaluation of health programs, particularly when self-report scales requiring substantial subjectivity in response generation are used as outcome measures. Following this reasoning, the aim of this study was to replicate the factor structure and investigate the measurement invariance of the latest version of the Health Education Impact Questionnaire, a widely used health program evaluation measure.
Methods:
An archived dataset of responses to the most recent version of the English-language Health Education Impact
Questionnaire that uses four rather than six response options (N=3221) was analysed using exploratory structural equation
modelling and confirmatory factor analysis appropriate for ordered categorical data. Metric and scalar invariance were
studied following recent recommendations in the literature to apply fully invariant unconditional models with minimum
constraints necessary for model identification.
Results:
The original eight-factor structure was replicated and all but one of the scales (Self Monitoring and Insight) was
found to consist of unifactorial items with reliability of ⩾0.8 and satisfactory discriminant validity. Configural, metric and scalar
invariance were established across pre-test to post-test and population sub-groups (sex, age, education, ethnic background).
Conclusion:
The results support the high level of interest in the Health Education Impact Questionnaire, particularly for use as a pre-test/post-test measure in experimental studies, other pre–post evaluation designs and system-level monitoring and evaluation.

Measurement invariance of English and French Health Education Impact Questionnaire (heiQ) empowerment scales validated for cancer

PURPOSE: If measurement invariance (MI) is demonstrated for a scale completed by respondents from two different language groups, it means that the scale measures the same construct in the same way in both groups. We assessed MI of the French- and English-language versions of the five Health Education Impact Questionnaire (heiQ) empowerment scales validated for the cancer setting. METHODS: Data came from two cross-sectional studies of Canadian cancer survivors (704 English, 520 French). Single-group confirmatory factor analysis (CFA) was used to test whether the hypothesized factor structure of the French-language heiQ empowerment scales fit the data. Multi-group CFAs were conducted to assess different levels of MI conditions (configural, metric, scalar, strict, as well as MI of factor variances, covariances, and latent means) of the French- and English-language heiQ empowerment scales. RESULTS: The correlated five-factor model showed good fit in both language groups (goodness-of-fit indices: CFI ≥ .97; RMSEA ≤ .07). Goodness-of-fit indices and tests of differences in fit between models supported MI of the five-factor model across the two language groups (∆CFI ≤ -.010 combined with ∆RMSEA ≤ .015). CONCLUSIONS: The French- and English-language heiQ empowerment scales measure the same five dimensions of empowerment in the same way across both language groups. Thus, any observed similarities or differences between French- and English-speaking respondents completing these scales are valid and reflect similarities or differences in empowerment across language groups, not measurement artifact. Consequently, heiQ empowerment data from English- and French-speaking respondents can be directly pooled or contrasted in data analyses.