The concerns of tertiary mathematics students and educators have not yet been well served by the academic integrity literature. This chapter suggests reasons for why this may have occurred: tacit assumptions about the universal applicability of the existing literature to all disciplines; the opacity of mathematics to non-specialists because of both its content and the use of symbols; and misperceptions of the nature and demand of mathematics assessment at the undergraduate level. The chapter proposes research directions which can speak meaningfully into this void and engage the attention of mathematical specialists about the critical importance of academic integrity.
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The public right to access environmental information is at the core of other environmental procedural rights: it enables informed participation in environmental decision-making, aids effective access to justice in environmental matters, and is a key aspect of any Environmental Impact Assessment procedure. This chapter provides a critical assessment of the current status of this right under EU law. Specifically, the major EU environmental legislation in that regard is analysed against the backdrop of the Aarhus Convention; the contribution of the Court of Justice of the EU in interpreting and applying those EU legislation is discussed; and the extent to which the EU human rights system (potentially) supports the public right of access to environmental information is also examined.
Matthijs van Wolferen and Mariolina Eliantonio
There is not only a long and commonly held (academic) opinion, but also an international obligation that requires the European Union to have easy access to justice for environmental non-governmental organisations (ENGOs). However, even under heavy international pressure, the standing requirements that limit the access to the Court of Justice of the European Union (CJEU) for these applicants remain in place. This chapter aims to introduce the general system of access to justice under Article 263 and Article 267 TFEU. It will be explained how the Court has a particular view on how judicial review should function. It is however likely that this system has a number of deficiencies. These deficiencies are clearly brought to light in the complaint that was raised before the Aarhus Convention’s compliance mechanism. An analysis of this procedure and its problematic outcome will be used to discuss the future for these public interest litigants.
Lorenzo Squintani and Goda Perlaviciute
This chapter investigates the manner in which public participation in environmental matters is organised under EU law throughout the decision-making chain and shows the infant stadium of development of the case law of the Court of Justice of the European Union in this area. Based on legal analysis and literature review, this chapter highlights the different requirements existing at the various levels of the chain and their interaction. It then unveils the potential mismatch that emerges when the legal requirements are looked at from the perspective of what people want, based on social sciences insights.
Gert de Roo, Ward Rauws and Christian Zuidema
Change occurs at all times. However, current changes are accompanied by an unprecedented dynamism and complexity. It is a consequence of an enormous and increasing rate at which new developments emerge, developments with a global nature that are also completely interwoven with the local environment, such as the internet, social media, economic uncertainty and the energy transition. The interconnectedness of these processes is only increasing, and their dynamics have an unstoppable effect on almost everything. Societal processes are part of a dynamism in which connections that are deemed relevant, the intended approaches and the targeted processes that were embraced yesterday and still feel familiar today, could very well be entirely outdated by tomorrow. These are the circumstances that spatial planning is confronted with. Planning can no longer afford to ignore fundamental uncertainties. Key is how planning can relate to change in a way that is different from before. Adaptivity is often mentioned as the answer to increasing uncertainty, societal dynamism and spatial transformation. It is then about the way in which planning is able to respond to unforeseen, autonomous or spontaneously occurring changes (acting in response to change), the way in which planning is able to influence such changes (addressing the possibility to change) and how planning may increase the options for dealing with change (capacity to perform in moments of change). Based on this distinction, various forms of adaptive planning will be presented that together offer a world of planning opportunities.
This chapter aims at presenting how survival analysis methods can be used to study topics related to entrepreneurship. The availability of data that allow the identification of how long a subject is in a state, represents an opportunity to study transitions from one state to another taking into account the length of each spell. In this chapter I use the example of the time that a startup firm takes to leave a business incubator and go through the econometric specification of a continuous time parametric model applied to the study of transitions into multiple possible destinations. I also discuss some alternatives to this specification, such as the Cox Proportional Hazards model and discrete time duration models.
Despite its laudable objectives to fight tax avoidance and to restore trust in the fairness of tax systems, the implementation of the ATAD may, in certain cases, give rise to international double taxation. This chapter explores how each of the specific anti-tax avoidance provisions in the ATAD may give rise to such double taxation and examines whether any remedies exist to correct this situation. In doing so, it examines the means provided in the Directive itself, in secondary EU tax law as well as in the MLI.
Marc Cowling and Wei Yue
There is an evolving body of empirical evidence suggesting that larger banks charge a higher interest rate for apparently homogeneous loans. We explain why the dominant market position of large banks might lead to more expensive loans for smaller firms, and, if they do, the likely consequences of such behaviour. However, we find little evidence that big banks price loans to small firms at a higher rate than larger firms. Rather, we find important differences in terms of what types of firms and what types of loans are sought and offered by Big-4 banks compared to smaller banks. The determinants of loan interest rates, even when they coincide across Big-4 and smaller banks, differ significantly in magnitude between Big-4 and smaller banks.
Explains that, in order to preserve its solution to a coordination problem, bankruptcy law restricts the ability of creditors and the debtor to contract about bankruptcy procedures. Describes how these restrictions are broader than the assumed need for them requires, largely because there seldom is a coordination problem. Both theory and data show that common capital structures create a small class of senior creditors who have the incentive and the ability to liquidate unviable debtors and to privately restructure the others. Raises the positive question of whether the debtors that use the bankruptcy code are systematically different from other debtors, and raises the normative question of what role bankruptcy law should play in the absence of a coordination problem.
Thomas H. Jackson
Updates the Logic and Limits of Bankruptcy with a review of the hypothetical creditors’ bargain in the context of current bankruptcy scholarship, law, and practice. Areas of focus include the role of dominant creditors in modern practice, the special issues presented by securities and financial instruments, and the novel challenges presented by the insolvency of systemically important financial institutions. The evolving role of markets and the need for statutory reform are also addressed.