SSRN Electronic Journal最新文献

{"title":"The Frontiers of Nullification and Anticommandeering: Federalism and Extrajudicial Constitutional Interpretation","authors":"Jesse Hartery, Geoffrey sigalet","doi":"10.2139/ssrn.4817313","DOIUrl":"https://doi.org/10.2139/ssrn.4817313","url":null,"abstract":"\u0000 In federal systems, non-judicial actors can engage in constitutional reasoning. The actions taken may come in different legal forms. Some may be consistent with positive law, while others may not. Nullification and anticommandeering are prominent examples. We show that these concepts have functionally made new appearances in Canada. One significant example of this is Alberta’s enactment of the 2022 Sovereignty Act. We trace how the initial proposal for the legislation resembled nullification. Over time, the proposal was reformed to adapt it to the particularities of Canadian federalism. The result was a Sovereignty Act that appears to assert existing provincial powers, particularly as a formal framework for extrajudicial constitutional interpretation via anticommandeering, although only time will tell if this remains the case in practice. In doing so, we shine a light on the contours of some of the legal and political debates that may arise as the framework is operationalized.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"58 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141269266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Elaborating a Human Rights friendly Copyright Framework for Generative AI","authors":"Christophe Geiger","doi":"10.2139/ssrn.4634992","DOIUrl":"https://doi.org/10.2139/ssrn.4634992","url":null,"abstract":"As works are increasingly produced by machines using artificial intelligence (AI) systems, with a result that is often difficult to distinguish from that of a human creator, the question of what should be the appropriate response of the legal system and, in particular, of the copyright system has become central. If the generator of copyright protection has traditionally been the author’s creative input, AI forces us to reassess what in the creative process is special in human creativity and where the creative input lies in AI-generated works. But it also poses more fundamental questions on what the copyright system should achieve and who/what it should protect. In particular, since many human authors will potentially face the competition of these AI machines on the market, new ways of remunerating creators will have to be imagined while making sure that the copyright system does not stand in the way of these important technological developments.This contribution analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently being advanced to change the copyright regime for AI-generated works. To do so, the underlying human rights framing intellectual property laws are used as the starting point from which a balanced copyright framework for generative AI could (and even should) be derived. It follows from the applicable human rights framework for copyright, but also from the anthropocentric approach of human rights, that the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. This approach establishes generative AI systems as an instrument of the human creator – and not as a substitute. It also reinforces the notion that copyright should be a tool to protect creativity and creators, not a legal mechanism to secure the amortization of economic investments in AI technology. As a consequence, it is argued that the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for creators in their creation process – in other words, when they can serve a human author. At the same time, AI systems are here to stay, and their development should not be inhibited, as they can have many beneficial aspects (including for creators) if appropriately regulated.The right to train generative AI systems via machine learning technology can be derived from the right to science and culture and freedom of (artistic) expression (Arts. 19 and 27(1) Universal Declaration of Human Rights (UDHR); Art. 15(1)(a) and (b) International Covenant on Economic, Social and Cultural Rights (ICESCR); Arts. 11 and 13 EU Charter of Fundamental Rights (EUCFR)), as AI can lead to useful advances in science and the arts; moreover, it is important for human creators to be able to use outputs produced by generative AI in their creative process. This grounding is even s","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141272500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Oxford Olympics Study 2024: Are Cost and Cost Overrun at the Games Coming Down?","authors":"Alexander Budzier, Bent Flyvbjerg","doi":"10.2139/ssrn.4849892","DOIUrl":"https://doi.org/10.2139/ssrn.4849892","url":null,"abstract":"The present paper is an update of the\"Oxford Olympics Study 2016\"(Flyvbjerg et al. 2016). We document that the Games remain costly and continue to have large cost overruns, to a degree that threatens their viability. The IOC is aware of the problem and has initiated reform. We assess the reforms and find: (a) Olympic costs are statistically significantly increasing; prior analysis did not show this trend; it is a step in the wrong direction. (b) Cost overruns were decreasing until 2008, but have increased since then; again a step in the wrong direction. (c) At present, the cost of Paris 2024 is USD 8.7 billion (2022 level) and cost overruns is 115% in real terms; this is not the cheap Games that were promised. (d) Cost overruns are the norm for the Games, past, present, and future; they are the only project type that never delivered on budget. We assess a new IOC policy of reducing cost by reusing existing venues instead of building new ones. We find that reuse did not have the desired effect for Tokyo 2020 and also look ineffective for Paris 2024. Finally, we recommend that the Games look to other types of megaprojects for better data, better forecasting, and how to generate the positive learning curves that are necessary for bringing costs and overrun down. Only if this happens are Los Angeles 2028 and Brisbane 2032 likely to live up to the IOC's intentions of a more affordable Games that more cities will want to host.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"60 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141268597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Wasserstein gradient flow for optimal probability measure decomposition","authors":"Jiangze Han, Chris Ryan, Xin T. Tong","doi":"10.2139/ssrn.4831118","DOIUrl":"https://doi.org/10.2139/ssrn.4831118","url":null,"abstract":"We examine the infinite-dimensional optimization problem of finding a decomposition of a probability measure into K probability sub-measures to minimize specific loss functions inspired by applications in clustering and user grouping. We analytically explore the structures of the support of optimal sub-measures and introduce algorithms based on Wasserstein gradient flow, demonstrating their convergence. Numerical results illustrate the implementability of our algorithms and provide further insights.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"16 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141269297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Using Legitimacy Strategies to Secure Organisational Survival Over Time: The Case of EFRAG","authors":"Kirstin Becker, Ulfert Gronewold, Katharina Weiß","doi":"10.2139/ssrn.4816275","DOIUrl":"https://doi.org/10.2139/ssrn.4816275","url":null,"abstract":"","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"38 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141270231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Stopping the Spying: US Labor Unions’ Responses to Electronic Surveillance at Work","authors":"Miranda Cross","doi":"10.2139/ssrn.4784029","DOIUrl":"https://doi.org/10.2139/ssrn.4784029","url":null,"abstract":"The use of electronic surveillance by employers has become increasingly common in recent years and can take many forms, including video surveillance, keystroke logging, and GPS tracking. While employers often claim that this surveillance is necessary to protect their property and increase productivity, it can also have negative consequences for workers, including work intensification and loss of a sense of autonomy at work. This paper examines the concerns, responses, and limitations of US labor unions in limiting electronic surveillance and its harms to workers. Expert interviews conducted with seven union leaders in 2023 reveal that US unions are aware of and concerned about electronic surveillance of members. Through political advocacy and collective bargaining, unions have a vital role to play in protecting workers’ privacy rights, though limitations to union's capacity exist due to low union membership density and high workloads.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"27 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141272762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A multi-farm global to local expert-informed machine learning system for strawberry yield forecasting","authors":"Matthew Beddows, Georgios Leontidis","doi":"10.2139/ssrn.4747534","DOIUrl":"https://doi.org/10.2139/ssrn.4747534","url":null,"abstract":"The importance of forecasting crop yields in agriculture cannot be overstated. The effects of yield forecasting are observed in all the aspects of the supply chain from staffing to supplier demand, food waste, and other business decisions. However, the process is often inaccurate and far from perfect. This paper explores the potential of using expert forecasts to enhance the crop yield predictions of our global-to-local XGBoost machine learning system. Additionally, it investigates the ERA5 climate model’s viability as an alternative data source for crop yield forecasting in the absence of on-farm weather data. We find that, by combining both the expert’s pre-season forecasts and the ERA5 climate model with the machine learning model, we can—in most cases—obtain better forecasts that outperform the growers’ pre-season forecasts and the machine learning-only models. Our expert-informed model attains yield forecasts for 4 weeks ahead with an average RMSE of 0.0855 across all the plots and an RMSE of 0.0872 with the ERA5 climate data included.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"19 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141273386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Does Granting Refugee Status to Family-Reunified Women Improve Their Integration?","authors":"Linea Hasager","doi":"10.2139/ssrn.4692418","DOIUrl":"https://doi.org/10.2139/ssrn.4692418","url":null,"abstract":"In most countries, men are the principal asylum applicants, while women are admitted through family-reunification procedures. Family reunification implies that women’s residence permits are contingent on remaining married to their husbands. Using a staggered Difference-in-Differences (DID) Design, I document that granting asylum to family-reunified women improves their economic integration, increases the probability of divorce and decreases their risk of being victims of violence. I find significant impacts on victimization and economic integration regardless of whether the woman remains married or not. I propose that the results can be explained by a reduction in uncertainty about residency and an increase in female bargaining power when the women are granted an autonomous asylum status. JEL-Codes: J120, J150, J610, K370.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"53 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141231399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Deconstructing Racial Code Words","authors":"Deirdre Pfeiffer, Xiaoqian Hu","doi":"10.2139/ssrn.4801114","DOIUrl":"https://doi.org/10.2139/ssrn.4801114","url":null,"abstract":"Racism has become more covert in post-civil rights America. Yet, measures to combat it are hindered by inadequate general knowledge on what “colorblind” race talk says and does and what makes it effective. We deepen understanding of covert racism by investigating one type of discourse – racial code words, which are (1) indirect signifiers of racial or ethnic groups that contain (2) at least one positive or negative value judgment and (3) contextually implied or salient meanings. Through a thematic analysis of 734 racial code words from 97 scholarly texts, we develop an interpretive framework that explains their tropes, linguistic mechanisms and unique roles in perpetuating racism, drawing from race, linguistic and cultural studies. Racial code words promote tropes of White people’s respectability and privilege and Racial/Ethnic Minorities’ pathology and inferiority in efficient, adaptable, plausibly deniable and almost always racially stratifying ways, often through euphemism, metonymy and othering. They construct a “colorblind” discursivity and propel both “epistemic racism” (racism in knowledge) and systemic racism (racism in action). We further strengthen applications of Critical Race Theory in sociolegal studies of race by presenting a “racial meaning decoding tool” to assist legal and societal measures to detect coded racism.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"30 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141274322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Artificial Intelligence-Driven Corporate Finance: Enhancing Efficiency and Decision-Making Through Machine Learning, Natural Language Processing, and Robotic Process Automation in Corporate Governance and Sustainability","authors":"Nitin Rane, Saurabh Choudhary, Jayesh Rane","doi":"10.2139/ssrn.4720591","DOIUrl":"https://doi.org/10.2139/ssrn.4720591","url":null,"abstract":"This research paper delves into the transformative possibilities of Artificial Intelligence (AI) within corporate finance, specifically focusing on its role in improving efficiency and decision-making processes. Through the utilization of machine learning, natural language processing (NLP), and robotic process automation (RPA), AI introduces innovative methods for enhancing corporate governance and sustainability practices. In the contemporary business landscape, corporations encounter mounting pressure to streamline operations while simultaneously addressing concerns regarding environmental, social, and governance (ESG) issues. Conventional finance methodologies often struggle to efficiently handle large volumes of data and extract actionable insights promptly. However, AI presents a shift in paradigm by enabling automated data analysis, recognizing patterns, and conducting predictive modeling, thus enabling finance professionals to make data-informed decisions swiftly and accurately. Machine learning algorithms play a pivotal role in detecting patterns and correlations within financial data, facilitating proactive risk management and strategic planning. Additionally, NLP technologies facilitate the extraction of valuable insights from unstructured data sources like regulatory filings, news articles, and social media, thereby enabling informed decision-making in corporate governance and sustainability endeavors. Moreover, RPA simplifies repetitive tasks and workflows, thereby reducing operational expenses and freeing up human resources for more strategic pursuits. Through the automation of routine processes such as data entry, reconciliation, and reporting, RPA enhances operational efficiency and ensures adherence to regulatory standards. Through the adoption of AI technologies, corporations can unlock novel avenues for innovation, optimize resource allocation, and promote sustainable growth within today's dynamic business milieu.","PeriodicalId":507782,"journal":{"name":"SSRN Electronic Journal","volume":"2 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141229124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}