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This article addresses the issues of evidence and proof in cases of antitrust law violations, presented from the perspectives of both competition law and arbitration process. The aim of the study is to justify the necessity of establishing an institution of evidence and proof as a distinct structure within competition law. General scientific methods are used as methods: induction, deduction, modeling. The results of the study represent several ways of forming the institution of evidence and proof in competition law: 1. based on the material of one of the procedural codes, 2. as an independent institution of competition law without the application of procedural codes, 3. or with the application of reference norms based on (or linked to) one of the procedural codes. Conclusion dwells upon the necessity of creating an institution of evidence and proof in competition law, which will contribute to the improvement of law enforcement and reduce the number of judicial errors in cases arising from antitrust law violations.

This dissertation investigates the ways in which societies are coming to know and govern solar geoengineering. The question at the heart of this dissertation is not whether solar geoengineering will succeed, or even whether it should, but rather what makes it --- and its governance --- imaginable. To this end, the bulk of this dissertation aimed to analyze the co-production of the evidence --- and governance assumptions --- for a sociotechnical system that does not yet exist. To do so, I draw on work in science and technology studies (STS) and political science to elucidate and analyze the political and scientific claims underpinning expert attempts to capture the public imagination and put solar geoengineering on mainstream public policy agendas. I argue that the ability to put an emerging technology on the public agenda constitutes an exercise of power, determined neither by social structures nor entrepreneurial social actors alone, and entails its own, oft-neglected, evidentiary politics.Decades of scholarship in the interpretive social sciences demonstrates that framing and producing technoscience requires imaginative as much as technical work. Sheila Jasanoff's concept of `sociotechnical imaginaries' offers a useful point of entry into these dynamics. Sociotechnical imaginaries describe ``collectively held, institutionally stabilized, and publicly performed visions of desirable futures'' co-produced with advances in science and technology. As a theoretical concept, imaginaries help to explain why some visions of scientific and social order are co-produced, while others are not. Coupling this work with responsible research and innovation (RRI), which is concerned with the responsible steering of technoscientific developments, draws attention to the ways these imaginaries may play a vital role in the development, assessment, and governance of emerging technologies in the present, making scrutiny of their content and prospects for institutionalization urgent and timely.Any social scientific study of solar-geoengineering-in-the-making presents challenges for the analyst, some of which are shared across `emerging technologies,' and some of which are unique to this topic, at least at this stage. For one, the supply of research on solar geoengineering --- social scientific and otherwise --- has outpaced any demand function. It is not yet a topic of research in the private sector, nor is it entangled in broader imaginaries of national identity or competitiveness, though this may change. As Steve Rayner has pointed out, solar geoengineering is at a research impasse. Moreover, the primacy of models as an evidentiary basis for contemplating solar geoengineering has contributed to its stabilization as an object of governance before we know much about what it is likely to become, or even whether it is doable at all. This has contributed to a set of early assumptions about solar geoengineering (for example, as cheap and easy, or likely to make things better or worse for specific people in specific places) that need to be revisited. In this supply-driven context, the visions of a relatively narrow set of actors --- and narrow kinds of evidence --- are forming the foundation for future policy regimes. In Evoking equity as a rationale for solar geoengineering research? Scrutinizing emerging expert visions of equity, I examine the scientization of debates about the equity implications of solar geoengineering research. In so doing, I identify three sets of equity-related arguments advanced by sociotechnical vanguards advocating for more solar geoengineering research. The first is a call for more research as a means to shed light on the distributional outcomes of envisioned futures with and without solar geoengineering. This includes a call to reduce uncertainties inherent in scientific models examining distributional outcomes of potential deployment of solar geoengineering. Accompanying such calls is a discernible shift in the content of science itself, from more extreme to more `realistic' modeled scenarios of deployment, and from consideration of global to regional effects. The second equity-related rationale for more research is a call for comparative risk-risk assessment, underpinned by the claim that equity demands that potential risks and benefits of solar geoengineering be compared to the risks of climate change itself, especially for vulnerable populations. The third equity-related rationale for more solar geoengineering research is the invocation of the 1.5 degree aspirational goal of the Paris Agreement as requiring research on solar geoengineering, out of concern for the global poor and those most vulnerable to the consequences of climate change.My research suggests reveals several implications of this expert-driven, outcome-oriented, and risk-based understanding of equity. First, it may suggest that more research on solar geoengineering is the only rational choice, since many of the relevant equity concerns are empirical matters, amenable to resolution through the provision of more science. Second, it sidesteps the question of whether and how diverse non-experts should have a say in whether and how such research moves forward --- even if it is to occur on their behalf, in part by assuming that climate-related preferences are knowable and quantifiable. Third, the focus on predicting the outcomes of any future deployment at this stage represents an exercise in speculative ethics, and risks ignoring alternative ways of thinking about equity and responsibility in the context of technological innovation. Finally, I suggest that further analysis should be directed toward whether the vanguard visions I explore reflect a broader shift in operationalizing equity within multilateral climate politics, with those bearing the greatest responsibility now recast as `risk managers' on behalf of the global poor and the vulnerable. I argue that those characterized as `the vulnerable' in expert discourses should regain their status as agential subjects, rather than remain undifferentiated objects in expert discourse. Empirical research suggests that publics have a set of concerns not captured in the approach to equity I analyze in this dissertation, including issues around moral responsibility, historical global injustices, the ability to be included in, and benefit from, technological development, and concerns around lack of agency and self-determination in shaping innovation pathways.In The Politics of Climate Models for Solar Geoengineering Research, I argue that there is an oft-neglected politics of evidence around attempts to put emerging topics on the formal public agenda, which has the potential to shape future policy regimes. In this chapter, I analyze the mutual construction of solar geoengineering modeling and policy framing. Climate models have been understood as important nodes at the interface of climate science and policy, and as capable of shaping societies' understanding of, and responses to, climate change. As other scholars have pointed out, less has been said about the development of this relationship over time, which can help explain how it is that the intersection of modeling and politics takes on the form that it does.There are at least two issues around uncertainty and representation in the use of climate models for knowledge about solar geoengineering, which raise questions at the intersection of modeling and politics. The first is that models are being used to represent technologies which do not yet exist, black-boxing the engineering in geoengineering ideas. As one interviewee stated, ``In the model, you can just make geoengineering work. You can just assume that the oceans have a higher albedo because of ocean bubbles, whether it's possible or not.'' This results in the management of the representation of a technology in models, rather than managing the development of the technology itself, eliding important near-term questions around the complexities of technology development and the structure of responsible research programs, and stabilizing solar geoengineering as an object of governance in potentially problematic ways. Secondly, there is significant debate about whether these models can usefully predict outcomes at all; uncertainties that may be less relevant to models of and for climate science and mitigation policy may become `matters of concern' when it comes to predicting or promising regarding the effects of geoengineering.I argue that imaginaries of solar geoengineering technologies --- despite not serving current regulatory demands, and despite the non-existence of the technologies themselves (perhaps because of it) --- are engaging directly with policy needs (both current and predicted). With regard to current needs, the focus on models as proxies for actual deployment of these imagined technologies has the effect of making it seem as though societies `know' more about whether and how to develop these techniques than they do, which is resulting in debates about the management of the representation of a technology which does not yet exist. This has contributed to the current research impasse, in which ``technologists await a green light from social scientists before proceeding with research, while social scientists are limited to commenting on highly speculative ideas about how geoengineering might turn out in practice.'' In this context, policymakers are avoiding decisions regarding the advisability of a research program aimed at answering societally-relevant questions about technology development, and are content to fund indoor modeling studies. Alternatively, one might argue that the existing settlement, at least in the US, between governments, non-governmental organizations (NGOs), and scientists, in which governments seem willing to fund indoor modeling studies but accept an informal moratorium on everything else, may itself be a kind of clumsy solution, the stability of which depends on its non-articulation.There is a broader question around displacement in the realm of climate policy raised by this research. Several scholars and commentators have raised questions about the role of imagined technologies in the present, especially since the 2015 Paris climate agreement. As Steve Rayner has pointed out, the agreement maintains the belief that global temperature targets are achievable via the inclusion of imaginary technologies, which represents a kind of `magical thinking.' Noting that the line between ambition and delusion is not always sharp, Rayner argues that the reality seems to be that the world is already likely to exceed the temperature limit agreed to absent some form of geoengineering. Despite this reality, the inclusion of climate engineering technologies in modeled scenarios has the effect of making political targets seem achievable. This is true even without any instrumental action --- and potential near-term political costs --- to policymakers when it comes to actually funding research and development on these imagined technologies, and assessing their impacts and implications.Finally, in Climate Researchers' Views of Solar Geoengineering: Benefits, Risks, and Governance, I present the results of the first survey of climate change researchers' views of solar geoengineering research and its appropriate oversight. I argue that definitions of `expert' in emerging domains is itself a contested political category, and far from straightforward, particularly when the technologies under consideration do not yet exist. Respondents in this survey, much like surveys of general publics, report concern about the moral hazard operating at the level of political decision-making. Nevertheless, respondents generally support research on solar geoengineering, including small-scale outdoor studies --- despite both a general concern that research may result in lock-in and slippery slopes to deployment, and skepticism about the advisability of ever deploying these techniques. I find strong support for some form of novel or supplementary governance arrangement(s) for research, and a belief that scientific self-regulation is insufficient to manage risks. There seems to be less agreement, however, on particular governance approaches; I find mixed responses regarding the desirability of a `physical thresholds' approach to governing geoengineering experiments, for example.Despite the fact that most respondents express skepticism about the desirability of future deployment, respondents tend to support more research into these techniques, both indoor and, to a lesser extent, outdoors. This might be explained by a view that research will reveal reasons not to move forward, or because of a belief that concerns about slippery slopes are overstated (although this seems less likely, given that most respondents report concern that research may result in lock-in and slippery slopes to deployment). Alternatively, a substantial number of researchers surveyed here may have an interest in scientific research moving forward in general, irrespective of its strategic aims. Respondents express skepticism about prediction and controllability when it comes to solar geoengineering deployment. It remains an open question whether a desirable future world with solar geoengineering would depend upon predicting such outcomes, although most respondents do report a belief that uncertainty in our understanding of the climate system means we should never deploy solar geoengineering. Given low awareness of solar geoengineering, participation by a narrow set of actors --- including scientists, but also those who claim to represent the views of civil society --- can close down discussion of this imaginary technology, rather than open it up. In this way, the views of relevant but disempowered publics are assumed before most people have even heard of these ideas. It remains to be seen whether and how early visions of solar geoengineering will cohere or acquire collective stability, or whether they will be radically disrupted. My hope is that the data and analysis in this dissertation may prove useful in tracing the evolution of solar geongineering and its governance over time.

This article considers the issues related to the electronic document definition according to the legislation of the member states of the Commonwealth of Independent States. Attention is focused on differences in the approaches to the structure of the electronic document, the electronic digital signature, the copy of electronic document, the use of electronic documents and electronic materials as evidence in the civil process

This study examined 32 Australian cases of women prosecuted for killing their abusive male partners in self-defence between 2010 and 2023. The objective was to track the legal pathways and identify salient factors influencing both acquittals and convictions. While most women received a manslaughter conviction by pleading guilty, nearly all cases that proceeded to trial resulted in no conviction. Key findings include: the utility of partial defences as a safety net for self-defence; evidence of overcharging; the identification of "evidentiary checkpoints" at trial to downgrade or withdraw murder charges; a checklist for legal counsel advising clients on the risks of trial; the advantage of private legal counsel in successful self-defence claims; and the systemic disadvantage of Indigenous women, highlighting the need for continued research. These findings underscore the intricate dynamics within the legal system when addressing cases of intimate partner violence, emphasising the need for comprehensive reforms and support structures.

Many defense, homeland security, and commercial security objectives require continuous tracking of mobile entities. The systems that perform these functions produce information products called tracks. A track associates observations with the mobile entity and typically includes position, velocity, and other similat attributes. Military systems have sophisticated tracking and track fusion processes, but lack uniformity in syntactic and semantic content preventing effective sharing of the information. In other domains of interest, such as seagoing surface ships, dangerous cargo, and persons of interest, tracking systems are less mature and have marginal performance. It is now essential that we be able to share information across different tracking systems working in related domains. In this paper we decribe the Rich Semantic TRACK model [Hayes-Roth, 2005] as a foundation for sharing world state information across multiple systems. The model exhibits a belief and evidentiary structure tha has not been emphasized in previous track models for broad application. The approach is having a significant impact on design of emerging models, particularly the Maritime Information Exchange Model.

Although curriculum theorists have sought to examine the subjective practices imposed within the context of schooling in terms of class, gender, and race, the impact of disability as a social category has been absent from the field. In this work, postmodern analysis is applied to the concept of disability in field of education; first, in terms of the nature and effects of the practices educators employ to define normality, and secondly, in the constitution of the students who deviate from the norm as subjects. The techniques and procedures of investigation, surveillance, exclusion, treatment, confinement, and medicalization developed and engaged in the professional educational arena when applied to the structures of education reveal the need to recognize and reconcile the impact of the contradiction between the democratic ideals and bureaucratic practices of citizenship. Thus, this examination of the knowledge tradition which led educators and practitioners to believe in the legitimacy of their discourses thereby deconstructs these shared beliefs by exposing the inconsistencies, contradictions, and silences contained in their knowledge for the purpose of clearing the way for restructuring them in a manner that avoids unintended negative consequences. Doubts as to the legitimacy of these educational structures are evidentiary within the analysis, and present the value in recognition and reconciliation of the contradiction between the democratic ideals and bureaucratic practices of education. Special educators are charged with finding the courage and insight to deconstruct and continuously reconstruct their professional knowledge, as well as seek and bond with other committed and convicted colleagues to do the same within this scope.

L'autore espone la realizzazione di una struttura, derivata dalla trasformazione ed integrazione del Catasto Terreni, in cui sono descritte tutte le caratteristiche del suolo. Il suolo è considerato suddiviso secondo il concetto aggiornato di particella catastale (uniformità pedologica, topografica, della proprietà e del comune). Anche l'uso del suolo è valutato in relazione alla sostenibilità, all'aspetto fiscale e della prevenzione dei rischi ambientali. Il sistema, oltre ad una semplificazione burocratica delle politiche agricole e delle emergenze ambientali, può contribuire alla presentazione ed alla tracciabilità dei prodotti. Attraverso l'aggiornamento diretto di alcune caratteristiche da parte dei professionisti, il Catasto può diventare probatorio e fondamentale nel campo professionale e statistico. ; The author shows the development of a structure, derived from the processing and integration of Ground Cadastre, where all soil characteristics are described. The soil is considered as divided according to the updated concept of cadastral parcel (soil and topographic uniformity of ownership and municipality). The land use is also assessed with reference to sustainability, taxation and environmental risk prevention. The structure of Soil Cadastre can contribute to the bureaucratic simplification of agricultural policies and environmental emergencies, as well as product presentation and traceability. Through the updating of some characteristics by professionals, the cadastre can become evidentiary and fundamental for consultancy and statistics. ; L'auteur explique la réalisation d'une structure, derivè de la transformation et de l'intégration du Cadastre Foncier, ou sont descrit toutes les caractéristiques du sol. Le sol selon le concept de parcelle cadastrale est divisé pour l'uniformité pédologique, et topographique, pour la propriété et poure la municipalité. L'usage du sol est évalué par rapport à la soutenabilité, à l'aspect fiscal et à la prévention des risques en général. Le système, en plus d'une simplification bureaucratique des politiques agricoles et des urgences environnementales, peut contribuer à la présentation et à la traçabilité des produits. Grâce à la mise à jour de certaines caractéristiques, le cadastre peut devenir probant et fondamental dans le domaine professionnel et statistique.

AbstractThis article discusses the search for 'the devil's mark' as an example of the social embeddedness of evidentiary methods. The belief in early modern England was that the devil branded the bodies of witches with symbolic yet concrete corporeal malformations such as marks and growths. Thus a bodily search for the devil's mark became a common procedure in witch-trials. The analysis here of the fierce debate about the probative value of this allegedly direct physical evidence demonstrates an affinity between the evidential dispositions of the participants and their social position. The meaning of this method of proof emerged in the context of different, sometimes inconsistent or even competing, cultural concepts.

What Is Administrative Law? -- Constitutional structure and public administration -- Individuals' Constitutional rights in administrative encounters -- Administrative rulemaking -- Evidentiary adjudication and enforcement -- Transparency -- Judicial and legislative review of administrative action -- Staying current.

Chapter 1: Stumbling into Alpha -- Chapter 2: Masculinities, Language, and the Alpha Male -- Chapter 3: The Evidentiary Base of Alpha Male Discourse -- Chapter 4: Enlanguaging Alpha: Making Reality by Making Language -- Chapter 5: Representing Alpha: The Forms of Male Hegemony -- Chapter 6: Constructing Alpha: Structures of Hegemony -- Chapter 7: Discourses of Alpha: Strategies and the Hegemonic Order -- Chapter 8: Men, Militarism, and Disruption. .

The law of sexual assault has undergone enormous change in the 30 years since the Charter came into effect. In this paper, I examine the extent to which the Charter is responsible for this dramatic transformation. I argue that the Charter has been instrumental in modernizing the law of sexual assault, in part through legal challenges brought by men accused of sexual offences and in part through its use by equality-seeking groups as a tool in law reform efforts that took place during the 1990s. These two mechanisms have brought about changes to the Criminal Code provisions dealing with sexual assault which have created a framework for prosecuting sexual offences that has the potential to vindicate women's rights to sexual autonomy, dignity, equality and privacy. I also argue, however, that the potential of this Charter-influenced sexual assault legislation is not being realized. My argument is that the promise of the law is being thwarted through the operation of deeply engrained assumptions and belief structures about women and about sexual assault. These belief structures inform the application of the sexual assault provisions the mselves, but they also inform evidentiary rulings that are made even before the court gets to the application of the sexual assault provisions. These evidentiary rulings have a profound impact on the success of sexual assault prosecutions, since they control the material the trier of fact is entitled to consider in determining whether a sexual assault occurred. Using examples of evidentiary rulings made in two Supreme Court of Canada sexual assault cases, I attempt to show how these deeply embedded assumptions erode the promise of the Charter-influenced law reforms by injecting problematic views into the reasoning process.

There have been allegations that the dominant meatpackers have conspired to raise beef prices in violation of §1 of the Sherman Act. In this article, I examine the market structure and find it to be conducive to collusion, which may be tacit or overt. The article analyzes the allegations of collusion in a partial conspiracy model. The empirical evidence appears to be consistent with the implications of the theory. The article also considers evidentiary problems for the plaintiffs as well as the pursuit of private damages and public sanctions.

This project examines federal administrative adjudication that is not subject to the adjudicatory provisions of the Administrative Procedure Act (i.e., non-APA adjudication) and takes the form of a sourcebook for agencies, Congress, the federal judiciary, and the public. It draws on the Federal Administrative Adjudication project and database and builds on the Evidentiary Hearings Not Required by the Administrative Procedure Act project. It provides a comprehensive overview and cross-cutting analysis of non-APA adjudication. It examines, among other things, the structure of the initial adjudication and any appeals; pre-hearing, hearing, and post-hearing procedures; the types of adjudicators used; and the case loads at individual agencies. It relies in part on case studies to flesh out the overarching findings. ; https://scholarcommons.scu.edu/faculty_books/1428/thumbnail.jpg