Results for 'Contracts Cases'

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  1.  27
    Cambridge companion to Rousseau's Social contract.David Lay Williams, Matthew William Maguire & Rousseau'S. Social Contract (eds.) - 2023 - New York: Cambridge University Press.
    Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- On the Primacy (...)
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  2. The case for a cultural contract.Alain Touraine - 2004 - In Jérôme Bindé (ed.), The future of values: 21st century talks. [Paris]: United Nations Educational, Scientific and Cultural Organization. pp. 217--219.
     
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  3.  13
    The Case Against Contract: Participant and Investigator Duty in Clinical Trials.Kenneth De Ville - 2011 - American Journal of Bioethics 11 (4):16-18.
  4.  12
    Multiple contraction a further case against gärdenfors' principle of recovery.Reinhard Niederée - 1991 - In André Fuhrmann & Michael Morreau (eds.), The Logic of Theory Change. Springer. pp. 322--334.
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  5.  8
    Contraction in the Case Forms of Deus and Meus, is and Idem. A Study of Contraction in Latin io- and Eo-, ia- and Ea- Stems.Robert S. Radford - 1908 - American Journal of Philology 29 (3):336.
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  6.  11
    Removing the opportunity for contract cheating in business capstones: a crime prevention case study.Joseph Clare & Michael Baird - 2017 - International Journal for Educational Integrity 13 (1).
    IntroductionWith a definition that is evolving, a serious component of the contract cheating issue involves individuals paying a third-party to complete assessment items for them and then submitting this work as if it were their own. The issue of contract cheating poses a significant problem for tertiary institutions. The research literature conducted to date has addressed contract cheating, yet few papers discuss theory-based prevention strategies, and even fewer still evaluate the impact of theory-based prevention strategies.Case descriptionThis paper discusses a case (...)
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  7.  25
    A Case for the Asymmetric Enforceability of Surrogacy Contracts.Maria-Jose Pietrini-Sanchez - 2020 - Journal of Political Philosophy 28 (4):438-454.
    Journal of Political Philosophy, EarlyView.
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  8. Property and Contract in Economics: The Case for Economic Democracy.David P. Ellerman - 1992 - Blackwell.
    From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...)
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  9.  22
    Case Studies: Can a Subject Consent to a 'Ulysses Contract'?Morton E. Winston, Sally M. Winston, Paul S. Appelbaum & Nancy K. Rhoden - 1982 - Hastings Center Report 12 (4):26.
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  10. The Case Against the Legalization of Contract Motherhood.Christine Overall - 1991 - In Simon Rosenblum & Peter Findlay (eds.), Debating Canada’s Future: Views From the Left. James Lorimer.
     
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  11. Private Contract and Public Institution: The Peculiar Case of Marriage.Ursula Vogel - 2000 - In Maurizio Passerin D'Entrèves & Ursula Vogel (eds.), Public and Private: Legal, Political and Philosophical Perspectives. Routledge. pp. 177--199.
  12.  10
    A case for the asymmetric enforceability of surrogacy contracts.Maria Jose Pietrini Sanchez - 2020 - Journal of Political Philosophy 4 (28):438-454.
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  13.  27
    Assessing the Remedy: The Case for Contracts in Clinical Trials.Sarah J. L. Edwards - 2011 - American Journal of Bioethics 11 (4):3-12.
    Current orthodoxy in research ethics assumes that subjects of clinical trials reserve rights to withdraw at any time and without giving any reason. This view sees the right to withdraw as a simple extension of the right to refuse to participate all together. In this paper, however, I suggest that subjects should assume some responsibilities for the internal validity of the trial at consent and that these responsibilities should be captured by contract. This would allow the researcher to impose a (...)
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  14.  67
    Realizing the Social Contract: The Case of Colonialism and Indigenous Peoples.Robert Lee Nichols - 2005 - Contemporary Political Theory 4 (1):42-62.
    From 1922 to 1924, the Iroquois Confederacy — a federal union of six aboriginal nations — sought resolution of a dispute between themselves and Canada at the League of Nations. In this paper, the historical events of the 1920s League are employed as a case study to explore the development of the international society of states in the early 20th century as it relates to the indigenous peoples of North America. Specifically, it will be argued that the early modern practice (...)
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  15. Justice at the Margins: The Social Contract and the Challenge of Marginal Cases.Nathan Bauer & David Svolba - 2017 - Southern Journal of Philosophy 55 (1):51-67.
    Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts (...)
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  16.  37
    Rethinking the sexual contract: The case of Thomas Hobbes.Lorenzo Rustighi - 2020 - Philosophy and Social Criticism 46 (3):274-301.
    Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel (...)
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  17.  17
    The Triple Contract: A Case Study of a Source Blending Analogical Argument.Marcello Guarini - unknown
    One form of analogical argument proceeds by comparing a disputed case with an agreed upon case to try to resolve the dispute. There is a variation on preceding form of argument not yet identified in the theoretical literature. This variation involves multiple sources, and it requires that the sources be combined or blended for the argument to work. Arguments supporting the Triple Contract are shown to possess this structure.
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  18. Takyīf Fiqhī and its Application to Modern Contracts: A Case Study of the Central Provident Fund Nomination in Singapore.Mohamed El Tahir El Mesawi & Mohammad Rizhan bin Leman - 2018 - Intellectual Discourse 26 (2):807-827.
    The term takyīf fiqhī stands for one crucial concept in Islamic jurisprudence and refers to one of the important steps in the process of formulating fatwā. It basically revolves around the categorization of particular issues under the appropriate rules and precedents established in Islamic juristic thought. The present article attempts to examine the concept of takyīf fiqhī in a comprehensive manner in terms of its meaning, authority, types, importance, and governing criteria as can be gleaned from the works of Sharī‘ah (...)
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  19.  84
    Maps between some different kinds of contraction function: The finite case.Carlos E. Alchourrón & David Makinson - 1986 - Studia Logica 45 (2):187 - 198.
    In some recent papers, the authors and Peter Gärdenfors have defined and studied two different kinds of formal operation, conceived as possible representations of the intuitive process of contracting a theory to eliminate a proposition. These are partial meet contraction (including as limiting cases full meet contraction and maxichoice contraction) and safe contraction. It is known, via the representation theorem for the former, that every safe contraction operation over a theory is a partial meet contraction over that theory. The (...)
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  20.  16
    Could some people be wronged by contracting swine flu? A case discussion on the links between the farm animal sector and human disease.Jan Deckers - 2011 - Journal of Medical Ethics 37 (6):354-356.
    This paper uses the imaginary case of Gemma, presented initially at the International Swine Flu Conference (London, March 2010), to discuss whether a nurse who disagrees with most ways in which animals are farmed would be wronged if she contracted swine flu. It is argued that the farm animal sector has contributed to the emergence of H1N1 flu, and that the sector in general contributes significantly to the burden of human disease. The aim of this paper is to promote debate (...)
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  21.  26
    Using Digital Forensic Techniques to Identify Contract Cheating: A Case Study.Clare Johnson & Ross Davies - 2020 - Journal of Academic Ethics 18 (2):105-113.
    Contract cheating is a major problem in Higher Education because it is very difficult to detect using traditional plagiarism detection tools. Digital forensics techniques are already used in law to determine ownership of documents, and also in criminal cases, where it is not uncommon to hide information and images within an ordinary looking document using steganography techniques. These digital forensic techniques were used to investigate a known case of contract cheating where the contract author has notified the university and (...)
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  22. Freedom not to be free: The case of the slavery contract in J. S. mill's on liberty.David Archard - 1990 - Philosophical Quarterly 40 (161):453-465.
  23.  13
    Detecting contract cheating in essay and report submissions: process, patterns, clues and conversations.Ann M. Rogerson - 2017 - International Journal for Educational Integrity 13 (1).
    Detecting contract cheating in written submissions can be difficult beyond direct plagiarism detectable via technology. Successfully identifying potential cases of contract cheating in written work such as essays and reports is largely dependent on the experience of assessors and knowledge of student. It is further dependent on their familiarity with the patterns and clues evident in sections of body text and reference materials to identify irregularities. Consequently, some knowledge of what the patterns and clues look like is required. This (...)
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  24.  67
    Belief Contraction in the Context of the General Theory of Rational Choice.Hans Rott - 1993 - Journal of Symbolic Logic 59 (4):1426-1450.
    This paper reorganizes and further develops the theory of partial meet contraction which was introduced in a classic paper by Alchourron, Gardenfors, and Makinson. Our purpose is threefold. First, we put the theory in a broader perspective by decomposing it into two layers which can respectively be treated by the general theory of choice and preference and elementary model theory. Second, we reprove the two main representation theorems of AGM and present two more representation results for the finite case that (...)
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  25.  19
    Decision-making in a contracting University: The case of the University of Lancaster, 1979–1985. [REVIEW]Philip Reynolds - 1987 - Minerva 25 (4):397-422.
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  26.  74
    Ulysses Contracts in Medicine.Tom Walker - 2012 - Law and Philosophy 31 (1):77-98.
    Ulysses contracts are a method by which one person binds himself by agreeing to be bound by others. In medicine such contracts have primarily been discussed as ways of treating people with episodic mental illnesses, where the features of the illness are such that they now judge that they will refuse treatment at the time it is needed. Enforcing Ulysses contracts in these circumstances would require medical professionals to override the express refusal of the patient at the (...)
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  27. Ethical Issues in Outsourcing: The Case of Contract Medical Research and the Global Pharmaceutical Industry. [REVIEW]Henry Adobor - 2012 - Journal of Business Ethics 105 (2):239-255.
    The outsourcing of medical research has become a strategic imperative in the global pharmaceutical industry. Spurred by the challenges of competition, the need for speed in drug development, and increasing domestic costs, pharmaceutical companies across the globe continue to outsource critical parts of their value chain activities, namely contract clinical research and drug testing, to sponsors across the globe, typically into emerging markets. While it is clear that important ethical issues arise with this practice, unraveling moral responsibility and the allocation (...)
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  28.  43
    Eligible Contraction.John Cantwell - 2003 - Studia Logica 73 (2):167-182.
    When a belief set is contracted only some beliefs are eligible for removal. By introducing eligibility for removal as a new semantic primitive for contraction and combining it with epistemic entrenchment we get a contraction operator with a number of interesting properties. By placing some minimal constraint upon eligibility we get an explicit contraction recipe that exactly characterises the so called interpolation thesis, a thesis that states upper and lower bounds for the amount of information to be given up in (...)
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  29. Social Contract Theory and Gender Discrimination.Anita Cava - 1995 - Business Ethics Quarterly 5 (2):257-270.
    This paper relates Donaldson and Dunfee’s Integrative Social Contracts Theory to the problem of gender discrimination. We make the assumption that multinational managers might seek some guidance from ISCT to resolve ethical issues of gender discrimination in countries indifferent or hostile to gender equaIity. The role of Donaldson and Dunfee’s “hypernorms” seems especially cruciaI, and we find that, under their writings thus far, no “hypernorms” exist to make unethical the most blatant acts of sex discrimination in a host country (...)
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  30.  7
    Contracts of Adhesion Between Law and Economics: Rethinking the Unconscionability Doctrine.Elena D'Agostino - 2015 - Cham: Imprint: Springer.
    This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases (...)
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  31.  16
    From Hume to Hegel: The Case of the Social Contract.Christopher J. Berry - 1977 - Journal of the History of Ideas 38 (4):691.
  32. Collective Bargaining Is Not Enough: The Case for a New Social Contract in S. Rosenblum and P. Findlay eds.John Richards - 1991 - In Simon Rosenblum & Peter Findlay (eds.), Debating Canada’s Future: Views From the Left. James Lorimer.
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  33.  20
    Ulysses Contracts in psychiatric care: helping patients to protect themselves from spiralling.Harriet Standing & Rob Lawlor - 2019 - Journal of Medical Ethics 45 (11):693-699.
    This paper presents four arguments in favour of respecting Ulysses Contracts in the case of individuals who suffer with severe chronic episodic mental illnesses, and who have experienced spiralling and relapse before. First, competence comes in degrees. As such, even if a person meets the usual standard for competence at the point when they wish to refuse treatment, they may still be less competent than they were when they signed the Ulysses Contract. As such, even if competent at time (...)
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  34.  8
    Opportunistic Breach of Contract.Francesco Parisi, Ariel Porat & Brian H. Bix - 2024 - Canadian Journal of Law and Jurisprudence 37 (1):199-230.
    Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, (...)
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  35. Contracting Justice.John T. Sanders - 2007 - In Malcolm Murray (ed.), Liberty, Games, and Contracts: Jan Narveson and the Defence of Libertarianism. Ashgate.
    In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, here, (...)
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  36.  26
    Contracts by Unfair Advantage: From Exploitation to Transactional Neglect.Rick Bigwood - 2005 - Oxford Journal of Legal Studies 25 (1):65-96.
    This article aims to effectuate a paradigm shift in the way we view cases involving pure advantage-taking in contract formation. By ‘pure advantage-taking’ it is meant that D in some sense took ‘unfair advantage of’ a special bargaining weakness or vulnerability that D found ‘ready-made’ in P: D neither caused P’s relevant weakness or vulnerability nor otherwise was legally responsible for relieving it.Certain undue influence and unconscionable dealing cases (for example) fit this scenario perfectly, yet senior Commonwealth courts (...)
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  37.  42
    Contract, Treaty, and Sovereignty.Matthew J. Lister - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. Oxford University Press. pp. 283-307.
    It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...)
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  38.  85
    Social contract theory and just decision making: Lessons from genetic testing for the BRCA mutations.Bryn Williams-Jones & Michael M. Burgess - 2004 - Kennedy Institute of Ethics Journal 14 (2):115-142.
    : Decisions about funding health services are crucial to controlling costs in health care insurance plans, yet they encounter serious challenges from intellectual property protection—e.g., patents—of health care services. Using Myriad Genetics' commercial genetic susceptibility test for hereditary breast cancer (BRCA testing) in the context of the Canadian health insurance system as a case study, this paper applies concepts from social contract theory to help develop more just and rational approaches to health care decision making. Specifically, Daniels's and Sabin's "accountability (...)
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  39.  25
    Response to Open Peer Commentaries on “Assessing the Remedy: The Case for Contracts in Clinical Trials”.Sarah J. L. Edwards - 2011 - American Journal of Bioethics 11 (4):W1-W3.
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  40.  4
    Addressing contract cheating in Kosovo and international practices.Afrim Selimaj, Mimoza Hyseni-Spahiu & Sabiha Shala - 2020 - International Journal for Educational Integrity 16 (1).
    Although there is much research on the contract cheating phenomenon, there is very little research on the legal solutions available to address such problems and almost zero research on the contract cheating phenomenon specifically in Kosovo in the Western Balkan region. This article presents the current situation with regard to contract cheating in Kosovo and compares it to western countries, with the aim of identifying the best international practices for combating contract cheating. We also present the results of a study (...)
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  41. On the logic of theory change: Partial meet contraction and revision functions.Carlos E. Alchourrón, Peter Gärdenfors & David Makinson - 1985 - Journal of Symbolic Logic 50 (2):510-530.
    This paper extends earlier work by its authors on formal aspects of the processes of contracting a theory to eliminate a proposition and revising a theory to introduce a proposition. In the course of the earlier work, Gardenfors developed general postulates of a more or less equational nature for such processes, whilst Alchourron and Makinson studied the particular case of contraction functions that are maximal, in the sense of yielding a maximal subset of the theory (or alternatively, of one of (...)
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  42.  15
    Intergenerational contract in Ageing Democracies: sustainable Welfare Systems and the interests of future generations.Ming-Jui Yeh - 2022 - Medicine, Health Care and Philosophy 25 (3):531-539.
    As the assumptions of perpetual economic and population growth no longer stand, the welfare systems built on such promises are in peril. Policymakers must reallocate the responsibility for providing care between generations. Democratic theories can help establish procedures for finding solutions, particularly in ageing democratic countries. By analysing existing representative and deliberative democratic theories, this paper explores how the interests of future generations could be included in such procedures. A hypothetical social health insurance scheme with the pay-as-you-go financial arrangement is (...)
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  43. How managed care organizations develop selective contracting networks: A case study from Massachusetts.B. Fisher, R. C. Lindrooth, E. C. Norton & B. Dickey - 1998 - Inquiry: The Journal of Health Care Organization, Provision, and Financing 35 (4).
     
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  44. A survey of multiple contractions.André Fuhrmann & Sven Ove Hansson - 1994 - Journal of Logic, Language and Information 3 (1):39-75.
    The AGM theory of belief contraction is extended tomultiple contraction, i.e. to contraction by a set of sentences rather than by a single sentence. There are two major variants: Inpackage contraction all the sentences must be removed from the belief set, whereas inchoice contraction it is sufficient that at least one of them is removed. Constructions of both types of multiple contraction are offered and axiomatically characterized. Neither package nor choice contraction can in general be reduced to contractions by single (...)
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  45.  26
    Smart Contract in Blockchain: An Exploration of Legal Framework in Malaysia.Nor Razinah Binti Mohd Zain, Engku Rabiah Adawiah Engku Ali, Adewale Abideen & Hamizah Abdul Rahman - 2019 - Intellectual Discourse 27 (2):595-617.
    In 2017, the global Blockchain technology market was predictedto reach 339.5 million U.S. dollars in size and is forecasted to grow to 2.3billion U.S. dollars by 2021. The smart contract has an increasing role ingoverning the legal relationship between the interested parties. This researchexplores the current position of smart contracts in Malaysia and the viabilityof the Malaysian framework in handling the latest development. This researchadopts the qualitative and doctrinal legal approaches in analysing the currentlegal practice, the relevant statutes and (...)
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  46. Afro-libertarianism and the social contract framework in post-colonial Africa : the case of post-2007 elections Kenya.Sirkku Hellsten - 2018 - In Edwin E. Etieyibo (ed.), Perspectives in social contract theory. Washington DC: The Council for Research in Values and Philosophy.
     
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  47. Implementing council directive 1993/13/eeu on unfair terms in consumer contracts in great Britain : A case for intra-linguistic translation? [REVIEW]Paola Catenaccio - 2008 - In V. K. Bhatia, Christopher Candlin & Paola Evangelisti Allori (eds.), Language, culture and the law: the formulation of legal concepts across systems and cultures. New York: Peter Lang.
     
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  48.  46
    The origins of length contraction: I. The Fitzgerald-lorentz deformation hypothesis.Harvey R. Brown - 2001 - American Journal of Physics 69:1044-1054.
    One of the widespread confusions concerning the history of the 1887 Michelson-Morley experiment has to do with the initial explanation of this celebrated null result due independently to FitzGerald and Lorentz. In neither case was a strict, longitudinal length contraction hypothesis invoked, as is commonly supposed. Lorentz postulated, particularly in 1895, any one of a certain family of possible deformation effects for rigid bodies in motion, including purely transverse alteration, and expansion as well as contraction; FitzGerald may well have had (...)
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  49.  12
    Raising Awareness on Contract Cheating –Lessons Learned from Running Campus-Wide Campaigns.Zeenath Reza Khan, Priyanka Hemnani, Sanjana Raheja & Jefin Joshy - 2020 - Journal of Academic Ethics 18 (1):17-33.
    Contract cheating is a growing menace that most academic institutions are grappling with globally. With governments now taking steps to help combat the industry and ban such services, it is also important to encourage students to stay away from such services through proactive strategies to raise awareness so that students stop using such services. This paper uses a case study approach to capture a time-series data from three years of a university campus’s efforts to raise awareness by celebrating the International (...)
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  50.  9
    Raising Awareness on Contract Cheating –Lessons Learned from Running Campus-Wide Campaigns.Zeenath Reza Khan, Priyanka Hemnani, Sanjana Raheja & Jefin Joshy - 2020 - Journal of Academic Ethics 18 (1):17-33.
    Contract cheating is a growing menace that most academic institutions are grappling with globally. With governments now taking steps to help combat the industry and ban such services, it is also important to encourage students to stay away from such services through proactive strategies to raise awareness so that students stop using such services. This paper uses a case study approach to capture a time-series data from three years of a university campus’s efforts to raise awareness by celebrating the International (...)
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