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Record W4389612478 · doi:10.4337/9781800889866.00046

Right of recourse against third parties

2023· book-chapter· en· W4389612478 on OpenAlexaboutno aff
Timothy M. Ravich

Bibliographic record

VenueEdward Elgar Publishing eBooks · 2023
Typebook-chapter
Languageen
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsnot available
Fundersnot available
KeywordsBusinessComputer scienceLaw and economicsEconomics

Abstract

fetched live from OpenAlex

Article 37 expressly provides plaintiffs with ‘a right of recourse’. By way of summary, few US courts have opined about the meaning of this right. In fact, it was not until recently that courts began to address the types of claims that are cognisable under Article 37, and the time frame in which such claims must be brought. The text of Article 37 appears to refer to claims seeking secondary liability. That is, Article 37 governs claims seeking reimbursement for already-paid claims or liability, rather than ‘damage sustained to passengers, baggage or cargo’. As a procedural matter, moreover, such ‘recourse’ claims thus fall outside the time limitations imposed by other parts of the Montreal Convention 1999 (specifically Article 35), while all other claims (e.g., negligence, injunction) must be brought within the time period specified in the Convention.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.011
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.028
Threshold uncertainty score0.055

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.011
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.002
Bibliometrics0.0010.001
Science and technology studies0.0050.015
Scholarly communication0.0100.005
Open science0.0030.007
Research integrity0.0130.011
Insufficient payload (model declined to judge)0.0150.007

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.039
GPT teacher head0.275
Teacher spread0.236 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2023
Admission routes1
Has abstractyes

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Same venueEdward Elgar Publishing eBooksSame topicConflict of Laws and JurisdictionFrench-language works237,207