Increasing numbers of decisions about everyday life are made using algorithms. By algorithms we mean predictive models captured from historical data using data mining. Such models often decide prices we pay, select ads we see and news we read online, match job descriptions and candidate CVs, decide who gets a loan, who goes through an extra airport security check, or who gets released on parole. Yet growing evidence suggests that decision making by algorithms may discriminate people, even if the computing (...) process is fair and well-intentioned. This happens due to biased or non-representative learning data in combination with inadvertent modeling procedures. From the regulatory perspective there are two tendencies in relation to this issue: to ensure that data-driven decision making is not discriminatory, and to restrict overall collecting and storing of private data to a necessary minimum. This paper shows that from the computing perspective these two goals are contradictory. We demonstrate empirically and theoretically with standard regression models that in order to make sure that decision models are non-discriminatory, for instance, with respect to race, the sensitive racial information needs to be used in the model building process. Of course, after the model is ready, race should not be required as an input variable for decision making. From the regulatory perspective this has an important implication: collecting sensitive personal data is necessary in order to guarantee fairness of algorithms, and law making needs to find sensible ways to allow using such data in the modeling process. (shrink)

Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms laid down in (...) documents of various branches of international law, such as international humanitarian law, human rights law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection in times of internal armed conflict. This is to be done in order to gather information about the sufficiency of legal framework on preservation of the environment in times of noninternational armed conflicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiate changes in international criminal law and other. (shrink)

Reasoning requires making inferences based on information gleaned from a set of relations. The relational complexity of a problem increases with the number of relations that must be considered simultaneously to make a correct inference. Previous work (Viskontas, Morrison, Holyoak, Hummel, & Knowlton, 2004) has shown that older adults have difficulty integrating multiple relations during analogical reasoning, especially when required to inhibit irrelevant information. We report two experiments that examined the ability to integrate multiple relations in younger, middle-aged, and older (...) adults performing two other reasoning tasks. These tasks systematically varied relational complexity, and required either inductive reasoning (a version of the Raven's Matrices Task) or transitive inference. Our results show that as people age they have increasing difficulty in solving problems that require them to integrate multiple relations. This difficulty may stem from a decrease in working memory capacity. (shrink)

Blair argues that fluid cognition is dissociable from general intelligence. We suggest that a more complete understanding of this dissociation requires development of specific process models of the mechanisms underlying fluid cognition. Recent evidence indicates that relational integration and inhibitory control, both dependent on prefrontal cortex, are key component processes in tasks that require fluid cognition. (Published Online April 5 2006).

Homeopathy is a non-traditional medical treatment which came to Europe a few hundred years ago and is presently attributed to the complementary and alternative medicine. Although the assessment of evidence on effectiveness of homeopathic medicinal products has been very contradictory, homeopathy in practice is the only form of alternative medicine that has received certain legal recognition. The paper focuses on the study of the legal regulation of homeopathy in the European Union and in national law. The author analyses the contents (...) of the concept of ‘homeopathic medicinal product’ and the EU legal norms on harmonisation of procedures for registry of homeopathic medicinal products in the Member States. It is concluded that the market of homeopathic medicinal products in the EU still lacks coherence and unity. (shrink)

The principle of solidarity is one of the fundamental legal principles applied in the field of health care regulation. This article analyses EU and Lithuanian legal acts, judicial practice, the doctrine of law and foreign scientific resources in order to reveal the content of solidarity principle and to discuss its role in the legal regulation of health care both at EU and national levels. The article is divided into three parts. The first part of the paper examines the correlation between (...) the right to health established in the EU Charter of Fundamental Rights (the Charter) and the principle of solidarity as the fundamental value upon which the EU is ‘founded’ and which it seeks to ‘preserve and develop’, as the preamble to the Charter states. It is noticed that the principle of solidarity is one of the principles which characterize the European law on social protection. In the summary of the findings of the article, the author states that this principle can be considered as a tool to achieve a greater social cohesion within the EU Member States in defining and implementing all policies and activities in order to ensure a high level of human physical, mental and social health protection through, first of all, a reduction of health care inequalities. For that it is necessary to tackle the factors which determine health care inequalities among the EU Member States. (shrink)

Lithuania was one of the first states in Europe to approve a comprehensive list of patients’ duties under a special Law on the Rights of Patients of 2010. The approval of the catalogue of patients’ duties at the level of a law is based on the restatement of the principle of equal rights of the parties participating in health care relations, and the prevention of consumerism in these relations. The paper distinguishes between general and special patients’ duties. The general duties (...) include the duty to exercise the patient’s rights in good faith, the ban to abuse them, the duties of cooperation and looking after one’s health, as well as the duty of treatment with due respect. The norms that entrench duties of ethical nature should serve to prevent any inappropriate behaviour of patients in health care institutions. Nevertheless, legal application of these provisions and proving the infringements in practice is likely to be complicated. The special duties include: the duty to familiarise oneself against signature with the internal regulations of the health care institution as presented to him or her, other documents prescribed by the health care institution; the duty to present the documents confirming identity; the duty upon receiving information about the health care services prescribed for him or her to confirm in writing his or her consent or refusal with regard to the provision of such health care services in the cases specified by the law; the duty to provide health care professionals with any information about one’s health, to follow the prescriptions and recommendations of health care professionals, to inform health care professionals about any deviations from the prescriptions or the prescribed treatment regime which he or she has accepted. The legal analysis of the contents of the duties has revealed certain unsubstantial obscurities. The analysis of the provision that enables to take sanctions against the patient infringing their duties has revealed that the health care institution may only terminate provision of health care services to the patient if one of the two alternative conditions is fulfilled. I.e. if a person violates his or her duties and thereby causes danger to their own and other patients’ health and life, or prevents them from receiving high quality health care services. The conclusions show that application of this provision may be problematic: first, due to the juridical technique of the wording of the norm; second – due to complicated substantiating that the patient prevented or prevents other patients from receiving high quality health care services; third – due to the conflict of this provision with the provision of the Law of the Republic of Lithuania on Medical Practice, which provides that a doctor may refuse provision of health care services in cases of real threat to his or her own life; and fourth – the norm does not provide for the right to terminate the provision of services in cases of threat to health and/or life of health care workers (non-specialists). (shrink)

This paper presents an analysis of the issue that as yet not been extensively researched in the doctrine of Lithuanian and foreign law: the issue of legal distinguishing between medicinal products and food supplements. In order to analyze the problems of theory and practice, the structure of the paper is divided into two parts. The first part concentrates on the main features of medicinal products and food supplements in accordance with the case law of the Court of Justice of the (...) European Union (CJEU). It is established that medicinal products must comply with one of these descriptions: be made and aimed towards healing and preventing sicknesses; cause serious threats to health or have health-hazardous secondary effects; and have very intense effects on physiological features of human organisms. Food supplements in theory should not have these features. However, sometimes in practice preparations identified as food supplements have large doses of certain medicinal substances or other ingredients (e.g. alcohol, plant extracts, vitamins, amino acids, and etc.) that present threats to human health. The practice of the CJEU shows that counterbalancing free movement and public health protection interests is problematic in this area. (shrink)

The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 of (...) the First Protocol enshrines a fundamental principle for effective political democracy, and is accordingly of prime importance in the Convention system. It refers not only to positive obligation of the Contracting State to organize democratic elections, but also guarantees individual rights, including the right to vote and the right to stand for election, although this is not explicitly stated in it. These rights are not absolute; there is room for “implied limitations” and Contracting States are given a wide margin of appreciation in this sphere. However, these limitations must be such that the rights in question were not curtailed to such an extent as to impair their very essence and deprive them of their effectiveness, should be imposed in pursuit of a legitimate aim and should not be disproportionate. (shrink)

Due to its specificity, the legal institute of preliminary agreement poses a number of questions. This pre-contractual agreement is not yet a contract. Therefore, the form and scope of legal protection will not be the same as that guaranteed to contracting parties. However, the European legal systems would claim that the relationships between the parties during pre-contractual negotiations have to be regulated and protected by the law. The first part of this article deals with the legal nature of pre-contractual liability: (...) tort, contractual or sui generis. The question of determining the type of applicable civil liability for breach of a preliminary agreement still remains a matter under debate in the Lithuanian legal doctrine as well as in legal practice. Taking into account the specific interest that may be infringed and the fact that the aggrieved party cannot recover the expectations it had in profit of the sought contract, including the remedy of the right of performance, there is nosufficient reason to apply contractual legal regime for breach of the preliminary agreement either. Hence, the special nature of the pre-contractual phase merits special treatment. In the Lithuanian legal system, liability for breach of a preliminary agreement should therefore be qualified as a separate sui generis kind of liability. In fact, the biggest problem is the scope of damages recoverable under the preliminary agreement. As far as the tendencies of a legal doctrine and jurisprudence of Lithuania and other countries are concerned, the aggrieved party should be compensated not only the direct expenses incurred during the negotiations, but also the value of lost opportunity, which must be based on real, proven, unavoidable income or expenses. It is not possible to claim the profit which would have resulted had the main contract been concluded (the so-called expectation damages). Recent tendencies show that the Lithuanian courts are prone to make no distinction between the concept of the lost opportunity to conclude a transaction with a third party (as reliance damages) and lost profits as expectation damages. The reason for such an interpretation is the fact that the value of lost opportunity can be determined by applying the principle of price difference provided in Article 6.258(5) of the Lithuanian Civil Code, which is used for contractual liability. This principle should be applied in accordance with the Commentary on the UNIDROIT Principles of International Commercial Contracts and in the context of the nature of the preliminary agreement. Therefore, the aggrieved party may claim compensation for damages in the amount of difference between the price of the contract that has not been concluded with a third party and the price of the replacement contract. Such an interpretation reflects the compensatory function of the recovery of the value of the lost opportunity. (shrink)

Suddendorf & Corballis (S&C) argue that episodic memory is the most flexible and recently evolved memory system, and point to the reorganization of prefrontal cortex throughout human evolution as the neuroanatomical substrate. Their approach, however, fails to address the unique role that the hippocampus, a primitive brain region, plays in creating and recalling episodic memories, as well as future event construction.

Studies of neuropsychological patients are relevant to models of how long-term memories are stored. If amnesia is considered a binding deficit and not a difficulty in transferring information from short-term to long-term memory, it is unclear why context-free semantic learning is impaired. Also the model should account for the reverse temporal gradient seen in patients with semantic dementia.

Interim measures are procedural means that allow persons or States to have their rights preserved when a case is pending. Application of these measures especially in environmental cases is very important. In many of these cases (e.g. cases dealing with territorial planning, IPPC permits, environmental impact assessment, etc.) the claims deal with the protection of environment or its components (water, air, soil, etc.) as well as with the protection of public interest. Legal regulation of application of interim measures provided by (...) Lithuanian Law on Administrative Proceedings is not optimal. That is why the first part of the article is dedicated to the analysis of the possibilities and problems of application of interim measures in the administrative proceedings in Lithuania, paying special attention to environmental cases. The second part of the article reflects the findings of a workshop of the Association of European Administrative Judges on „Interim relief in environmental matters” held in Vilnius on 22 September 2011. It briefly describes various national rules on interim relief procedures, especially in the German and the French legislation, with an assessment from the German point of view. This part of the article focuses on provisional legal protection where a permit is challenged by a third party whose rights are allegedly afflicted. In such a constellation the rights of the plaintiff compete with the rights of the operator. The article concludes that, when deciding on the necessity of interim measures, it is vital to ensure the balance of interests: both by ensuring effective access to justice and by protecting the respondent and the third party (in environmental cases - usually the operator) from the violation of their rights and the damage caused by the abuse of the right to request interim measures. In such cases short time limits for procedural steps both of the parties and the court are not advisable and a prima facie prognosis on the outcome in the main proceedings meets the interests of the parties. (shrink)

The sharing economy as an emerging field is characterized by unsettled debates about its shared purpose and defining characteristics of the organizations within this field. This study draws on neo-institutional theory to explore how sharing organizations position themselves vis-à-vis such debates with regard to (1) the values these organizations publicly promote to present themselves as “good” sharing organizations and (2) the business model features they make visible to appear as having the “right” organizational model. This study examines the online self-representations (...) of 62 prototypical sharing organizations in Germany with regard to value propositions and business model features. A semantic network analysis of the features reveals two distinct categories of sharing organizations: grassroots initiatives and platform-based organizations. By showing how value propositions and business model features are linked in the sharing economy, the findings indicate the different legitimation strategies of grassroots initiatives and platform-based organizations, which we term “sustainability by model” and “sustainability by feature.” These findings broaden our understanding of the strategies that organizations apply to cope with societal expectations in the emerging sharing economy. (shrink)

Boganmeldelse af Sofie Lene Baks ”Racismeparagraffen” (Århus: Århus Universitetsforlag, 2021).

Sibiriske shamaner siger, at lyden af deres tromme er hesten der bærer dem til det hinsides. Min erfaring er, at nogen former for musik kan gøre dette med os. Hvordan er det muligt? "Musik som en Mystisk rejse" udforsker dette. Bogen handler om spirituel transformation og vores søgen efter lykke og harmoni. I dag er der musik alle vegne omkring os, og vi er alle blevet dybt bevæget af musik. Kun få mennesker indser hvordan en sådan dyb følelsesoplevelse kan føre (...) dem mere permanent ind i stilhed, glæde og frihed. Hvad minder denne følelse os om, hvor peger den hen og hvordan kommer vi der? En mystisk rejse er en søgen der følger et indre kald. Ordet "mystisk" hentyder til en søgen, der er fælles for alle religioner og som derfor ikke tilhører nogen bestemt religion alene. Alle mystiske traditioner så som sufierne, de nord-amerikanske indianere eller de shamanske kulturer, gik hinsides religionen ind i et åbent rum med broderskab og samhørighed med naturen og det guddommelige. (shrink)

Ce livre exceptionnel à tous égards associe des chercheuses spécialistes de l’histoire, de la langue et de la culture polonaises en France et en Pologne, pour traiter une source inégalée dans l’histoire de l’immigration, accessible aux archives départementales d’Indre-et-Loire, un corpus de 1 300 lettres envoyées à une inspectrice de la main d’œuvre immigrée, Julie Duval, en 1934. Écrites en polonais, il a fallu les déchiffrer avant, pour certaines, les traduire (130) et les analyser. Julie D...