WorldWideScience

Sample records for absolute liability

  1. Liability.

    Science.gov (United States)

    Hollander, Patricia A.

    Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…

  2. Abuse liability of intravenous buprenorphine vs. buprenorphine/naloxone: Importance of absolute naloxone amount.

    Science.gov (United States)

    Jones, Jermaine D; Manubay, Jeanne M; Mogali, Shanthi; Metz, Verena E; Madera, Gabriela; Martinez, Suky; Mumtaz, Mudassir; Comer, Sandra D

    2017-10-01

    This study sought to determine the relative importance of a range of Bup/Nx doses compared to Bup alone in producing subjective and reinforcing effects. Heroin-using volunteers (n=13) were transitioned onto daily oral hydromorphone (40mg). Laboratory sessions assessed the reinforcing and subjective effects of intravenous (IV) doses of Bup (1.51, 2.16, 6.15, and 8.64mg) and Bup/Nx (1.51/0.44, 2.16/0.61, 6.15/1.71, and 8.64/2.44mg). Placebo (Pbo), heroin (25mg) and Nx (0.3mg) were tested as neutral, positive, and negative controls, respectively. IV Bup alone was self-administered substantially less than IV heroin, though the two largest doses of Bup produced positive subjective effects, drug "Liking" (0-100mm), which were comparable to heroin (mean difference: Heroin vs Bup 6.15mg: -3.4mm, Heroin vs Bup 8.64mg: -11.3mm). All indicators of abuse potential seen with IV Bup alone were substantially decreased with the addition of Nx. All Bup/Nx combinations produced ratings of aversive effects, "Bad", which were comparable to, or greater than IV, Nx. On three of the four measures of aversive effects, the largest difference is seen with the 8.64 vs 8.64/2.44 condition. This study further demonstrates the ability of the Bup/Nx combination to deter IV use. Although none of the Bup/Nx combinations showed indications of abuse potential, formulations with larger absolute Nx, may be less abusable as they precipitate a greater degree of withdrawal. Copyright © 2017 Elsevier B.V. All rights reserved.

  3. Considerations on the Debtor's Fault - Structural Condition, Distinct and Absolutely Necessary for the Commitment of the Contractual Liability

    Directory of Open Access Journals (Sweden)

    Nora Andreea Daghie

    2010-06-01

    Full Text Available Traditionally, both types of liability are committed in the presence of the same conditions. Thus, for a person to be responsible both under the criminal civil liability and the contractual civil liability, the following conditions must be fulfilled: an injury caused to another person; to have committed an act with unlawful character; between the unlawful act committed and the injury caused to another person to exist a direct causal link; the author of the act causing a prejudice to be at fault; the latter (the author to have had the criminal possibility when the crime was committed. Lately, the repair function has gained, progressively, autonomy engaging the duty of compensation of the victim in the absence of the imputable character of the person responsible. The influence of the economic dimension of civil liability on its repair function has increased significantly, which requires reconsidering the functions of this institution, offering new opportunities for the full compensation for the prejudice, through the interpretation of the fundamentals of civil liability.

  4. Easy Absolute Values? Absolutely

    Science.gov (United States)

    Taylor, Sharon E.; Mittag, Kathleen Cage

    2015-01-01

    The authors teach a problem-solving course for preservice middle-grades education majors that includes concepts dealing with absolute-value computations, equations, and inequalities. Many of these students like mathematics and plan to teach it, so they are adept at symbolic manipulations. Getting them to think differently about a concept that they…

  5. [Perspectives in medical liability].

    Science.gov (United States)

    Pizarro W, Carlos

    2008-04-01

    The progressive increase of medical negligence law suits requires an updated analysis of the current situation of medical liability in Chile. The application of a new criminal procedure will avoid criminal prosecution of doctors, transferring to the civil courts the pecuniary sanctions for malpractice. Medical negligence and damage inflicted by doctors that require compensation are explained. The most likely evolution of medical liability is proposed, through an increase in civil liability insurance and the necessary standardization of rules applicable to professional liability.

  6. Absolute advantage

    NARCIS (Netherlands)

    J.G.M. van Marrewijk (Charles)

    2008-01-01

    textabstractA country is said to have an absolute advantage over another country in the production of a good or service if it can produce that good or service using fewer real resources. Equivalently, using the same inputs, the country can produce more output. The concept of absolute advantage can a

  7. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

    Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... allows policy makers to induce parties to undertake socially desirable care and activity levels. Traditionally, tort law systems have assigned residual liability either entirely on the tortfeasor or entirely on the victim. In this paper, we unpack the cheapest-cost-avoider principle to consider...

  8. Professional liability claims against dentists

    National Research Council Canada - National Science Library

    Moscoso Matus, Karla; Smok Vásquez, Pía

    2015-01-01

    .... To determine the magnitude and frequency of professional liability claims against dentists. A retrospective analysis of the Medical Liability Unit of the Legal Medical Service of Chile database...

  9. Assets, liabilities and risks

    OpenAIRE

    Thomson, R

    2014-01-01

    Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  10. Absolute Summ

    Science.gov (United States)

    Phillips, Alfred, Jr.

    Summ means the entirety of the multiverse. It seems clear, from the inflation theories of A. Guth and others, that the creation of many universes is plausible. We argue that Absolute cosmological ideas, not unlike those of I. Newton, may be consistent with dynamic multiverse creations. As suggested in W. Heisenberg's uncertainty principle, and with the Anthropic Principle defended by S. Hawking, et al., human consciousness, buttressed by findings of neuroscience, may have to be considered in our models. Predictability, as A. Einstein realized with Invariants and General Relativity, may be required for new ideas to be part of physics. We present here a two postulate model geared to an Absolute Summ. The seedbed of this work is part of Akhnaton's philosophy (see S. Freud, Moses and Monotheism). Most important, however, is that the structure of human consciousness, manifest in Kenya's Rift Valley 200,000 years ago as Homo sapiens, who were the culmination of the six million year co-creation process of Hominins and Nature in Africa, allows us to do the physics that we do. .

  11. Assets, liabilities and risks

    Directory of Open Access Journals (Sweden)

    R. Thomson

    2014-01-01

    Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  12. LIABILITY AND RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    ELENA EMILIA STEFAN

    2012-05-01

    Full Text Available The violation of a social norm establishing a rule of conduct engages the violator’s liability. Responsibility is a social phenomenon and it expresses, in its shortest definition, an act of commitment of the individual in the process of social interaction. This study aims to analyze the concepts of liability and responsibility, but also the relationship between them, starting from their common fundamentals and ending with the main differences between the two notions.

  13. [Basic features of medical liability].

    Science.gov (United States)

    Niksić, Sasa

    2008-01-01

    Medical liability is one of the most important parts of law that regulates health services. Although there are different types of liability in the field of medicine (criminal responsibility, disciplinary proceedings) civil law liability holds central position. Civil law liability in medicine (medical liability) is probably more important than criminal responsibility and disciplinary proceedings because of the number of cases in comparison to the criminal responsibility and impact of the consequences in comparison to the disciplinary proceedings. Medical liability is governed by a (general) tort law. Therefore medical liability exists only if conditions for civil law liability are met. When considering medical liability it is necessary to emphasize that tortfeasor will not be liable only because victim sustained the damage, but if all conditions for liability are met. Medical liability will arise if actions of physician are not conducted lege artis or in a breach of the duty of care. In some cases of medical liability legal sources are directly applicable (informed consent). General tort law is also applicable on decisions in the respect of the damages.

  14. Managing 'tail liability'.

    Science.gov (United States)

    Frese, Richard C; Weber, Ryan J

    2013-11-01

    To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

  15. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

    allows policy makers to induce parties to undertake socially desirable care and activity levels. Traditionally, tort law systems have assigned residual liability either entirely on the tortfeasor or entirely on the victim. In this paper, we unpack the cheapest-cost-avoider principle to consider...

  16. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding

    2014-01-01

    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...

  17. Evaluation of legal liability for technological risks in view of requirements for peaceful coexistence and progress.

    Science.gov (United States)

    Zandvoort, Henk

    2011-06-01

    Legal liability for risk-generating technological activities is evaluated in view of requirements that are necessary for peaceful human coexistence and progress in order to show possibilities for improvement. The requirements imply, given that political decision making about the activities proceeds on the basis of majority rule, that legal liability should be unconditional (absolute, strict) and unlimited (full). We analyze actual liability in international law for various risk-generating technological activities, to conclude that nowhere is the standard of unconditional and unlimited liability fully met. Apart from that there are enormous differences. Although significant international liability legislation is in place for some risk-generating technological activities, legislation is virtually absent for others. We discuss fundamental possibilities and limitations of liability and private insurance to secure credible and ethically sound risk assessment and risk management practices. The limitations stem from problems of establishing a causal link between an activity and a harm; compensating irreparable harm; financial warranty; moral hazard in insurance and in organizations; and discounting future damage to present value. As our requirements call for prior agreement among all who are subjected to the risks of an activity about the settlement of these difficult problems, precautionary ex ante regulation of risk-generating activities may be a more attractive option, either combined with liability stipulations or not. However, if ex ante regulation is not based on the consent of all subjected to the risks, it remains that the basis of liability in the law should be unconditional and unlimited liability.

  18. Teaching Absolute Value Meaningfully

    Science.gov (United States)

    Wade, Angela

    2012-01-01

    What is the meaning of absolute value? And why do teachers teach students how to solve absolute value equations? Absolute value is a concept introduced in first-year algebra and then reinforced in later courses. Various authors have suggested instructional methods for teaching absolute value to high school students (Wei 2005; Stallings-Roberts…

  19. [Tort Liability and School Transportation.

    Science.gov (United States)

    Franke, Allyn J.

    School districts, school employees, bus companies contracted by districts, and bus company employees could be involved in court litigation over student injury and student civil rights related to school bus transportation. Civil rights insurance should be added to general liability insurance and motor vehicle liability insurance. Students must be…

  20. Liability for Diagnosing Malingering.

    Science.gov (United States)

    Weiss, Kenneth J; Van Dell, Landon

    2017-09-01

    Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

  1. Government-sponsored microfinance program: Joint liability vs. individual liability

    Directory of Open Access Journals (Sweden)

    Arghya Kusum Mukherjee

    2014-12-01

    Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

  2. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE

    2011-12-01

    Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

  3. Contingent liabilities or hidden liabilities? A review of disclosures

    Directory of Open Access Journals (Sweden)

    Stanisław Hońko

    2016-07-01

    Full Text Available This article aims to analyze information on contingent liabilities in the financial statements of selected listed companies. It forms part of the discussion on the principle of materiality, which recommends equivalence of the numerical part and notes to the financial statements. The study shows that the achievement of this equivalence is difficult, if at all possible. Contingent liabilities are not a popular research area. It is possible that this article may contribute to filling this gap.

  4. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină

    2012-05-01

    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  5. Modeling non-maturing liabilities

    OpenAIRE

    von Feilitzen, Helena

    2011-01-01

    Non‐maturing liabilities, such as savings accounts, lack both predetermined maturity and reset dates due to the fact that the depositor is free to withdraw funds at any time and that the depository institution is free to change the rate. These attributes complicate the risk management of such products and no standardized solution exists. The problem is important however since non‐maturing liabilities typically make up a considerable part of the funding of a bank. In this report different mode...

  6. Absolute nuclear material assay

    Science.gov (United States)

    Prasad, Manoj K [Pleasanton, CA; Snyderman, Neal J [Berkeley, CA; Rowland, Mark S [Alamo, CA

    2012-05-15

    A method of absolute nuclear material assay of an unknown source comprising counting neutrons from the unknown source and providing an absolute nuclear material assay utilizing a model to optimally compare to the measured count distributions. In one embodiment, the step of providing an absolute nuclear material assay comprises utilizing a random sampling of analytically computed fission chain distributions to generate a continuous time-evolving sequence of event-counts by spreading the fission chain distribution in time.

  7. THE CHILD OFFENDER UNDER THE AGE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Niculina KARACSONY

    2015-04-01

    Full Text Available At European level crime among children represents a contemporary issue and in Romania, the philosophy of the new penal code approved by Law No 286/2009 is shaped around punishment. Prevention policy in Romania and juvenile justice objectives relative to age criteria outlines two different legal manners to address children's liability under the law. One is targeting the category of children between 0 and 14 years of age, which consideres the absolute inability of criminal responsibility and one that provides criminal liability starting from the age of 14. The sensitivity of the issue of children involved in unlawfull acts and the inventory of responses to it brought me to the necessity of research the types of approach and diversity of social services built around this target group.

  8. Absolute neutrino mass update

    CERN Document Server

    Päs, H; P\\"as, Heinrich; Weiler, Thomas J.

    2002-01-01

    The determination of absolute neutrino masses is crucial for the understanding of theories underlying the standard model, such as SUSY. We review the experimental prospects to determine absolute neutrino masses and the correlations among approaches, using the Delta m^2's inferred from neutrino oscillation experiments and assuming a three neutrino Universe.

  9. ABSOLUTE NEUTRINO MASSES

    DEFF Research Database (Denmark)

    Schechter, J.; Shahid, M. N.

    2012-01-01

    We discuss the possibility of using experiments timing the propagation of neutrino beams over large distances to help determine the absolute masses of the three neutrinos.......We discuss the possibility of using experiments timing the propagation of neutrino beams over large distances to help determine the absolute masses of the three neutrinos....

  10. Fiscal Liability of State Contractors

    Directory of Open Access Journals (Sweden)

    Santiago Fajardo-Peña

    2017-06-01

    Full Text Available The State contract is one of the most important tools for public management. The formation, execution and liquidation of State contracts are also a potential cause of State patrimonial damages. Perhaps for this reason, many State contractors are prosecuted as if they were public spending managers. The question, however, is not as simple. The fiscal liability process has a qualified recipient: the fiscal manager. In this article, through a conceptual exposition and a case study, we identify the criterion for determining in which cases a State contractor acquires the function of controlling public funds and when he/she can be subjected to a fiscal liability.

  11. Corporate Architecture and Limited Liability

    NARCIS (Netherlands)

    Couwenberg, Oscar

    2007-01-01

    Abstract This paper studies the effect of limited liability on corporate architecture. Corporate architecture refers to the use of governance instruments within the firm to control the behavior of employees. Four general instruments are defined that form the basis of the firm as a governance arrange

  12. Liability for Malpractice in Education.

    Science.gov (United States)

    Loscalzo, Theresa E.

    1985-01-01

    Courts have not recognized claims of "educational malpractice," though they have held that such a claim could be formally pleaded with liability precluded by public policy considerations. A 1984 New York Court of Appeals decision in "Snow vs. State of New York" may be the initial breakdown to the barrier of public policy…

  13. NGS Absolute Gravity Data

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The NGS Absolute Gravity data (78 stations) was received in July 1993. Principal gravity parameters include Gravity Value, Uncertainty, and Vertical Gradient. The...

  14. Decoherence at absolute zero

    OpenAIRE

    Sinha, Supurna

    2005-01-01

    We present an analytical study of the loss of quantum coherence at absolute zero. Our model consists of a harmonic oscillator coupled to an environment of harmonic oscillators at absolute zero. We find that for an Ohmic bath, the offdiagonal elements of the density matrix in the position representation decay as a power law in time at late times. This slow loss of coherence in the quantum domain is qualitatively different from the exponential decay observed in studies of high temperature envir...

  15. Absolute biological needs.

    Science.gov (United States)

    McLeod, Stephen

    2014-07-01

    Absolute needs (as against instrumental needs) are independent of the ends, goals and purposes of personal agents. Against the view that the only needs are instrumental needs, David Wiggins and Garrett Thomson have defended absolute needs on the grounds that the verb 'need' has instrumental and absolute senses. While remaining neutral about it, this article does not adopt that approach. Instead, it suggests that there are absolute biological needs. The absolute nature of these needs is defended by appeal to: their objectivity (as against mind-dependence); the universality of the phenomenon of needing across the plant and animal kingdoms; the impossibility that biological needs depend wholly upon the exercise of the abilities characteristic of personal agency; the contention that the possession of biological needs is prior to the possession of the abilities characteristic of personal agency. Finally, three philosophical usages of 'normative' are distinguished. On two of these, to describe a phenomenon or claim as 'normative' is to describe it as value-dependent. A description of a phenomenon or claim as 'normative' in the third sense does not entail such value-dependency, though it leaves open the possibility that value depends upon the phenomenon or upon the truth of the claim. It is argued that while survival needs (or claims about them) may well be normative in this third sense, they are normative in neither of the first two. Thus, the idea of absolute need is not inherently normative in either of the first two senses.

  16. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    Science.gov (United States)

    Bărcan, Cristian

    2015-01-01

    Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

  17. ACCOUNTING ESTIMATION OF LIABILITIES OF ENVIRONMENTAL ACTIVITY

    Directory of Open Access Journals (Sweden)

    D. Ulianova

    2014-12-01

    Full Text Available Environmental protection is one of the main stream in business development.The purpose of this research is to identify how company should account their environmental liability. The article consists of National Accounting Standards or International Accounting Standard Company analyses as both can be used in Ukraine. This article describes options for environmental liability accounting. On the one hand, company can identify environmental liability, and book it on below-line balance account. It is called contingent liability in that case. On the other hand, such liability can be considered as object for provisions. The second option means that company not only identify its environmental liability, but also will step to step create essential amount for environmental management. Also such allocation can be included into expenses. In that way company divide potential losses between periods and secure company from the big one in some recognized period. Sometimes such outstanding liabilities can lead to bankruptcy because of huge amounts.

  18. Reputation asset and environmental liability

    OpenAIRE

    Sjöblom, Rolf; Lindskog, Staffan

    2014-01-01

    The second largest asset to a company may well be its good reputation. Environmental liabilities warrant special attention in this regard since they may well constitute the largest uncertainty in an annual report, and it is not seldom discovered that they have been underestimated. The purpose of the paper is to compile and present a road map as to how to meet the legal and other requirements, and to analyse the alternatives of proactive and reactive approaches. The legal requirements are to b...

  19. Historical Drawbacks of Limited Liability

    Directory of Open Access Journals (Sweden)

    Denis Boyle

    2016-07-01

    Full Text Available Limited liability is a human invention which has facilitated enormous economic growth around the world, particularly since the time of its general application in advanced countries during the nineteenth century. The individual legal identity of companies, coupled with the limited liability of their owners, has provided protection for investors from the risks associated with their investments. It has thus contributed to increase the sources of capital available to finance projects which might otherwise have been considered unviable. However, the legal protection offered to investors has negative consequences for other participants in economies. Speculation in stock markets often damages society. It is very important to study the drawbacks of limited liability and to suggest modifications to achieve a more stable, less volatile, economic growth in the world. Although this article goes to some lengths to recognise the work of authors who emphasise the positive historical economic contribution of limited lability, its main objective is to provoke a reflection around texts which point out the drawbacks and propose solutions.

  20. Valuers’ Liability in Mortgage Valuation

    Directory of Open Access Journals (Sweden)

    Gabriel Babawale

    2013-05-01

    Full Text Available Valuation is a profession; valuers’ clients are therefore justified in expecting valuations that meet the standards prescribed by relevant professional body(s.Failure to meet these standards constitute a source of breach of the duty that valuers owe their clients. The courts too have always looked up to the published standards of professional bodies for judgment guidelines in liability cases of contract, fraud and negligence. Drawing inferences from standards prescribed by valuers’ professional bodies and ensuing mortgage valuation case laws, this study sought to establish, among others, the nature and extent of the duty of care that valuers owe their clients; the grounds for liability for negligence; the penalties for negligence; and also proffered practical steps and procedures to preventing liability for negligence in mortgage valuation. Due to the present paucity of documented pronoun¬cements on the subject in Nigerian courts, the paper focuses on case laws in countries with similar jurisprudence, particularly Britain and other Commonwealth countries. Interes¬tingly, decision in the British courts has often become precedents for the rest of the common law world. The ultimate goal is to help Nigerian valuers hone their skill in mortgage valuation in the light of global best practices.

  1. Absolute Gravimetry in Fennoscandia

    DEFF Research Database (Denmark)

    Pettersen, B. R; TImmen, L.; Gitlein, O.

    motions) has its major axis in the direction of southwest to northeast and covers a distance of about 2000 km. Absolute gravimetry was made in Finland and Norway in 1976 with a rise-and fall instrument. A decade later the number of gravity stations was expanded by JILAg-5, in Finland from 1988, in Norway...

  2. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    Directory of Open Access Journals (Sweden)

    M. Malik

    2014-03-01

    Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.

  3. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    OpenAIRE

    Malik, M.; I. Semenchuk

    2014-01-01

    The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.

  4. Liability Issues Concerning Self-Driving Vehicles

    OpenAIRE

    Lohmann, Melinda Florina

    2015-01-01

    This article deals with the civil liability issues that arise when self-driving vehicles are admitted to our streets. Firstly, it is explained why strict liability regimes for the vehicle holder, which are in place in several jurisdictions across Europe, are a workable foundation for ensuring compensation of the victim. However, accidents caused by highly automated vehicles will raise the question of the manufacturer’s liability for a defective product. Accordingly, this article examines the ...

  5. Absolute Neutrino Mass Determination

    CERN Document Server

    Päs, H

    2001-01-01

    We discuss four approaches to the determination of absolute neutrino mass. These are the measurement of the zero-neutrino double beta decay rate, of the tritium decay end-point spectrum, of the cosmic ray spectrum above the GZK cutoff, and the cosmological measurement of the power spectrum governing the CMB and large scale structure. The first two approaches are sensitive to the mass eigenstates coupling to the electron neutrino, whereas the latter two are sensitive to the heavy component of the cosmic neutrino background. All mass eigenstates are related by the $\\Delta m^2$'s inferred from neutrino oscillation data. Consequently, the potential for absolute mass determination of each of the four approaches is correlated with the other three, in ways that we point out.

  6. SPECIFIC FEATURES OF THE LIABILITY FOR CONTRAVENTION IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    ANDRADA MIHAELA TRUSCA

    2012-05-01

    Full Text Available Along with civil liability and criminal liability, contravention liability comes to complete the classical forms of liability applicable in the environmental protection field. This form of liability, unlike the civil liability, which has a predominantly repairer character, has a sanction character, intervening in the case in which a subject of law does not comply with a conduct established by a rule of public law. Although contravention liability is not a specific liability of environmental law, it has an important economic role and constitutes a serious means of prevention, contraventions sanctions being the most often applied in cases of non-compliance of environmental rules.

  7. 31 CFR 100.7 - Treasury's liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Treasury's liability. 100.7 Section 100.7 Money and Finance: Treasury Regulations Relating to Money and Finance EXCHANGE OF PAPER CURRENCY AND COIN Exchange of Mutilated Paper Currency § 100.7 Treasury's liability. (a) Payment will be...

  8. EMPLOYEE GROUP PROPERTY AND LIABILITY INSURANCE.

    Science.gov (United States)

    FIELD, IRVING M.

    AN ATTEMPT IS MADE TO ESTABLISH A THEORETICAL FOUNDATION FOR GROUP PROPERTY AND LIABILITY INSURANCE AND TO ADVANCE THE GENERAL HYPOTHESIS THAT THE PRINCIPLES USED IN INSTALLING AND ADMINISTERING GROUP LIFE AND HEALTH INSURANCE ARE APPLICABLE TO THE INSTALLATION AND ADMINISTRATION OF GROUP PROPERTY AND LIABILITY INSURANCE. A SURVEY WAS CONDUCTED TO…

  9. A Danish Twin Study of Schizophrenia Liability

    DEFF Research Database (Denmark)

    Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I

    2016-01-01

    We studied schizophrenia liability in a Danish population-based sample of 44 twin pairs (13 MZ, 31 DZ, SS plus OS) in order to replicate previous twin study findings using contemporary diagnostic criteria, to examine genetic liability shared between schizophrenia and other disorders, and to explo...

  10. Liability, Athletic Equipment, and the Athletic Trainer.

    Science.gov (United States)

    Black, Richard

    Standards of conduct, roles, and responsibilities expected of athletic trainers should be developed and disseminated. These guidelines could be used in court to show that the athletic trainer was following basic standards if he should be charged with liability. A review of liability cases involving athletic injuries received while athletes were…

  11. Personal Liability of Trustees of Educational Institutions

    Science.gov (United States)

    Porth, William C.

    1973-01-01

    Examines in light of writings and reported decisions, the potential basis for imposing personal liability on trustees of educational institutions for wrongdoing or negligence, alerting institutional counsel to responsibility for protection of trustees to include indemnification and liability insurance coverage. (JT)

  12. 5 CFR 2634.305 - Liabilities.

    Science.gov (United States)

    2010-01-01

    ... designate the category of value of the liabilities in accordance with § 2634.301(d) of this subpart, using... required to be reported under paragraph (a) of this section: (1) Personal liabilities owed to a spouse or... secured by a personal residence of the filer or his spouse; (3) Any loan secured by a personal...

  13. [The civil liability of obstetricians].

    Science.gov (United States)

    Uphoff, R; Hindemith, J

    2011-12-01

    The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted.

  14. Absolute airborne gravimetry

    Science.gov (United States)

    Baumann, Henri

    This work consists of a feasibility study of a first stage prototype airborne absolute gravimeter system. In contrast to relative systems, which are using spring gravimeters, the measurements acquired by absolute systems are uncorrelated and the instrument is not suffering from problems like instrumental drift, frequency response of the spring and possible variation of the calibration factor. The major problem we had to resolve were to reduce the influence of the non-gravitational accelerations included in the measurements. We studied two different approaches to resolve it: direct mechanical filtering, and post-processing digital compensation. The first part of the work describes in detail the different mechanical passive filters of vibrations, which were studied and tested in the laboratory and later in a small truck in movement. For these tests as well as for the airborne measurements an absolute gravimeter FG5-L from Micro-G Ltd was used together with an Inertial navigation system Litton-200, a vertical accelerometer EpiSensor, and GPS receivers for positioning. These tests showed that only the use of an optical table gives acceptable results. However, it is unable to compensate for the effects of the accelerations of the drag free chamber. The second part describes the strategy of the data processing. It is based on modeling the perturbing accelerations by means of GPS, EpiSensor and INS data. In the third part the airborne experiment is described in detail, from the mounting in the aircraft and data processing to the different problems encountered during the evaluation of the quality and accuracy of the results. In the part of data processing the different steps conducted from the raw apparent gravity data and the trajectories to the estimation of the true gravity are explained. A comparison between the estimated airborne data and those obtained by ground upward continuation at flight altitude allows to state that airborne absolute gravimetry is feasible and

  15. Absolutely Indecomposable Modules

    CERN Document Server

    Göbel, Rüdiger

    2007-01-01

    A module is called absolutely indecomposable if it is directly indecomposable in every generic extension of the universe. We want to show the existence of large abelian groups that are absolutely indecomposable. This will follow from a more general result about R-modules over a large class of commutative rings R with endomorphism ring R which remains the same when passing to a generic extension of the universe. It turns out that `large' in this context has the precise meaning, namely being smaller then the first omega-Erdos cardinal defined below. We will first apply result on large rigid trees with a similar property established by Shelah in 1982, and will prove the existence of related ` R_omega-modules' (R-modules with countably many distinguished submodules) and finally pass to R-modules. The passage through R_omega-modules has the great advantage that the proofs become very transparent essentially using a few `linear algebra' arguments accessible also for graduate students. The result gives a new constru...

  16. Absolute polarimetry at RHIC

    CERN Document Server

    Okada, H; Bravar, A; Bunce, G; Dhawan, S; Eyser, K O; Gill, R; Haeberli, W; Huang, H; Jinnouchi, O; Makdisi, Y; Nakagawa, I; Nass, A; Saitô, N; Stephenson, E; Sviridia, D; Wise, T; Wood, J; Zelenski, A

    2007-01-01

    Precise and absolute beam polarization measurements are critical for the RHIC spin physics program. Because all experimental spin-dependent results are normalized by beam polarization, the normalization uncertainty contributes directly to final physics uncertainties. We aimed to perform the beam polarization measurement to an accuracy of $\\Delta P_{beam}/P_{beam} < 5%$. The absolute polarimeter consists of Polarized Atomic Hydrogen Gas Jet Target and left-right pairs of silicon strip detectors and was installed in the RHIC-ring in 2004. This system features \\textit{proton-proton} elastic scattering in the Coulomb nuclear interference (CNI) region. Precise measurements of the analyzing power $A_N$ of this process has allowed us to achieve $\\Delta P_{beam}/P_{beam} =4.2%$ in 2005 for the first long spin-physics run. In this report, we describe the entire set up and performance of the system. The procedure of beam polarization measurement and analysis results from 2004-2005 are described. Physics topics of $A...

  17. 19 CFR 141.1 - Liability of importer for duties.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Liability of importer for duties. 141.1 Section... Merchandise § 141.1 Liability of importer for duties. (a) Time duties accrue. Duties and the liability for... for by law. (b) Payment of duties—(1) Personal debt of importer. The liability for duties,...

  18. A Study of Liabilities Scale in Telecommunication Enterprises

    Institute of Scientific and Technical Information of China (English)

    2000-01-01

    The paper analyzes the benefit and risk of liabilities operation in telecom enterprises and the advantages of internal and external conditions in liabilities operation. The quantitative model of liabilities scale is studied by analyzing the factors that act on the liabilities scale.

  19. Absolute Gravimetry in Fennoscandia

    DEFF Research Database (Denmark)

    Pettersen, B. R; TImmen, L.; Gitlein, O.

    The Fennoscandian postglacial uplift has been mapped geometrically using precise levelling, tide gauges, and networks of permanent GPS stations. The results identify major uplift rates at sites located around the northern part of the Gulf of Bothnia. The vertical motions decay in all directions...... motions) has its major axis in the direction of southwest to northeast and covers a distance of about 2000 km. Absolute gravimetry was made in Finland and Norway in 1976 with a rise-and fall instrument. A decade later the number of gravity stations was expanded by JILAg-5, in Finland from 1988, in Norway...... from 1991, and in Sweden from 1992. FG5 was introduced in these three countries in 1993 (7 stations) and continued with an extended campaign in 1995 (12 stations). In 2003 a project was initiated by IfE, Hannover to collect observations simultaneously with GRACE on an annual cycle. New instruments were...

  20. Optical tweezers absolute calibration

    CERN Document Server

    Dutra, R S; Neto, P A Maia; Nussenzveig, H M

    2014-01-01

    Optical tweezers are highly versatile laser traps for neutral microparticles, with fundamental applications in physics and in single molecule cell biology. Force measurements are performed by converting the stiffness response to displacement of trapped transparent microspheres, employed as force transducers. Usually, calibration is indirect, by comparison with fluid drag forces. This can lead to discrepancies by sizable factors. Progress achieved in a program aiming at absolute calibration, conducted over the past fifteen years, is briefly reviewed. Here we overcome its last major obstacle, a theoretical overestimation of the peak stiffness, within the most employed range for applications, and we perform experimental validation. The discrepancy is traced to the effect of primary aberrations of the optical system, which are now included in the theory. All required experimental parameters are readily accessible. Astigmatism, the dominant effect, is measured by analyzing reflected images of the focused laser spo...

  1. Absolute multilateration between spheres

    Science.gov (United States)

    Muelaner, Jody; Wadsworth, William; Azini, Maria; Mullineux, Glen; Hughes, Ben; Reichold, Armin

    2017-04-01

    Environmental effects typically limit the accuracy of large scale coordinate measurements in applications such as aircraft production and particle accelerator alignment. This paper presents an initial design for a novel measurement technique with analysis and simulation showing that that it could overcome the environmental limitations to provide a step change in large scale coordinate measurement accuracy. Referred to as absolute multilateration between spheres (AMS), it involves using absolute distance interferometry to directly measure the distances between pairs of plain steel spheres. A large portion of each sphere remains accessible as a reference datum, while the laser path can be shielded from environmental disturbances. As a single scale bar this can provide accurate scale information to be used for instrument verification or network measurement scaling. Since spheres can be simultaneously measured from multiple directions, it also allows highly accurate multilateration-based coordinate measurements to act as a large scale datum structure for localized measurements, or to be integrated within assembly tooling, coordinate measurement machines or robotic machinery. Analysis and simulation show that AMS can be self-aligned to achieve a theoretical combined standard uncertainty for the independent uncertainties of an individual 1 m scale bar of approximately 0.49 µm. It is also shown that combined with a 1 µm m‑1 standard uncertainty in the central reference system this could result in coordinate standard uncertainty magnitudes of 42 µm over a slender 1 m by 20 m network. This would be a sufficient step change in accuracy to enable next generation aerospace structures with natural laminar flow and part-to-part interchangeability.

  2. Comprehensive Environmental Response, Compensation and Liability Act

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, provides a federal "superfund" to clean up...

  3. Liability exposure for surgical robotics instructors.

    Science.gov (United States)

    Lee, Yu L; Kilic, Gokhan; Phelps, John Y

    2012-01-01

    Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks.

  4. European Regulation on Rating Agencies: Liability Profiles

    National Research Council Canada - National Science Library

    Carlotta Rinaldo

    2017-01-01

    .... After it provides a first overview of the legislation outlined by the European legislator, in particular on the rules on civil liability of agencies in the event of dissemination of an erroneous credit rating...

  5. Letter on Decontamination and First Responder Liability

    Science.gov (United States)

    Addresses liability of hazardous materials incident responders for spreading contamination while attempting to save lives, and the acceptable level of contamination that could enter the Chesapeake Bay without being considered a threat to the ecosystem.

  6. Estimating Absolute Site Effects

    Energy Technology Data Exchange (ETDEWEB)

    Malagnini, L; Mayeda, K M; Akinci, A; Bragato, P L

    2004-07-15

    The authors use previously determined direct-wave attenuation functions as well as stable, coda-derived source excitation spectra to isolate the absolute S-wave site effect for the horizontal and vertical components of weak ground motion. They used selected stations in the seismic network of the eastern Alps, and find the following: (1) all ''hard rock'' sites exhibited deamplification phenomena due to absorption at frequencies ranging between 0.5 and 12 Hz (the available bandwidth), on both the horizontal and vertical components; (2) ''hard rock'' site transfer functions showed large variability at high-frequency; (3) vertical-motion site transfer functions show strong frequency-dependence, and (4) H/V spectral ratios do not reproduce the characteristics of the true horizontal site transfer functions; (5) traditional, relative site terms obtained by using reference ''rock sites'' can be misleading in inferring the behaviors of true site transfer functions, since most rock sites have non-flat responses due to shallow heterogeneities resulting from varying degrees of weathering. They also use their stable source spectra to estimate total radiated seismic energy and compare against previous results. they find that the earthquakes in this region exhibit non-constant dynamic stress drop scaling which gives further support for a fundamental difference in rupture dynamics between small and large earthquakes. To correct the vertical and horizontal S-wave spectra for attenuation, they used detailed regional attenuation functions derived by Malagnini et al. (2002) who determined frequency-dependent geometrical spreading and Q for the region. These corrections account for the gross path effects (i.e., all distance-dependent effects), although the source and site effects are still present in the distance-corrected spectra. The main goal of this study is to isolate the absolute site effect (as a function of frequency

  7. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  8. Directors’ Liability under thr Doctrine of Piercing the Corporate Veil : The Directors' Liability for Corporate Debt

    Directory of Open Access Journals (Sweden)

    Laya Joneydi

    2015-05-01

    Full Text Available The doctrine of piercing the corporate veil fascilitated holding directors liable for corporate debt. Nevertheless, the doctrine is not a seperate cause of action. Directors are bound by fiduciary duty, duty of loyalty and duty of care and skill to the corporation and its shareholders. However, there is not such a contractual relationship between directors and creditors. Thus, requiring directors to compensate creditors should be justified on tort law. In the Iranian, French and American legal systems, fault-based liability is the cause of action for directors' liability. The author found that in piercing cases, directors' liability follows the traditional rules of fault-based liability unless specified otherwise by statute as strict liability.

  9. Notes on absolute Hodge classes

    CERN Document Server

    Charles, François

    2011-01-01

    We survey the theory of absolute Hodge classes. The notes include a full proof of Deligne's theorem on absolute Hodge classes on abelian varieties as well as a discussion of other topics, such as the field of definition of Hodge loci and the Kuga-Satake construction.

  10. [Current issues in medical liability].

    Science.gov (United States)

    Kaatsch, H J

    1987-01-01

    Currently, liability discussions are being dominated by AIDS and the legal problems associated with birth and death. The introduction of routine AIDS tests without the knowledge of those concerned is disputed heatedly and, in fact, may well constitute bodily assault and render those responsible liable to prosecution. In AIDS cases, the apparent breach of the Hippocratic oath of secrecy by Physicians can be justified on the grounds of both the extraordinary circumstances prevailing and conflicting duties. The transmission of AIDS could give rise to prosecution for causing bodily injury or manslaughter. The drawing up of a law to protect embryos is designed to establish legal constraints in the fields of reproduction and gene technology. In reframing section 168 StGB, which provides protection to the dead embryo, legislators assume that the head of a medical clinic is the lawful custodian of the corpse of a person who has died in his institution. This should help to resolve many of the problems arising from post-mortem examinations. The questions of euthanasia and medical assistance in cases of suicide were raised at the 1986 Conference of German Lawyers. Whereas medical treatment that could be considered as interference with the natural process of dying may be withdrawn in the case of irreversible terminal suffering, active euthanasia, i.e. the deliberate killing of a terminal patient, was rejected. With regard to noninterference in a suicide attempt by a third party, the free decision of the person wishing to commit suicide should be respected. In general, however, the maxim in dubio pro vita should be respected and where any doubt exists, an attempt should be made to save the person's life.

  11. MINISTERIAL LIABILITY IN THE ROMANIAN CONSTITUTIONAL SYSTEM

    Directory of Open Access Journals (Sweden)

    NICOLAE PAVEL

    2013-05-01

    Full Text Available What seems relevant to us for highlighting in this study is the approach of the ministerial liability within the Romanian constitutional and legal system starting with the first document of constitutional value, namely the Developing Statute of the Paris Convention of 1858 until today, that is the Constitution of Romania, revised in 2003 and republished. Having in view that this is a generous study topic covering over 150 years of constitutional and legal evolution of ministerial liability in Romania, it is necessary to specify from the very beginning the need of a diachronic approach of this topic by identifying all Romanian Constitutions that have regulated the constitutional system during this period of time. Moreover, we have to specify that, during this period of time, Romania has experienced several forms of governance, namely monarchy, people’s republic, socialist republic and semi-presidential republic. With this approach, the proposed study opens a complex and complete yet not exhaustive vision in the current scope of the ministerial liability. It is also the reason why the study begins with preliminary considerations in which the terminology used in the content of the study is justified. Following a key-scheme, there are successively examined the two major parts of the study, namely the general theory regarding the concepts of ministerial responsibility and liability and the Romanian constitutional, legal and doctrinaire milestones of the ministerial liability.

  12. Global Cities and Liability of Foreignness

    DEFF Research Database (Denmark)

    Wernicke, Georg; Mehlsen, Kristian

    2016-01-01

    In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability of ...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation.......In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability...... indicate that MNEs have a stronger propensity to locate in global cities than in metropolitan or peripheral areas, and that these locational choices are affected by institutional distance and industrial characteristics. The results provide empirical support for our argument that locating in a global city...

  13. Liability-driven investment in longevity risk management

    OpenAIRE

    Helena Aro; Teemu Pennanen

    2013-01-01

    This paper studies optimal investment from the point of view of an investor with longevity-linked liabilities. The relevant optimization problems rarely are analytically tractable, but we are able to show numerically that liability driven investment can significantly outperform common strategies that do not take the liabilities into account. In problems without liabilities the advantage disappears, which suggests that the superiority of the proposed strategies is indeed based on connections b...

  14. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

    Decamps, M.; de Schepper, A.; Goovaerts, M.

    2009-01-01

    This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends.

  15. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

    Decamps, M.; de Schepper, A.; Goovaerts, M.

    2009-01-01

    This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends. Nort

  16. 47 CFR 64.1140 - Carrier liability for slamming.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 3 2010-10-01 2010-10-01 false Carrier liability for slamming. 64.1140 Section 64.1140 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES... Providers § 64.1140 Carrier liability for slamming. (a) Carrier Liability for Charges. Any...

  17. 37 CFR 10.78 - Limiting liability to client.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

  18. International nuclear liability law. Range of application and principles of liability; Internationales Atomhaftungsrecht. Anwendungsbereich und Haftungsprinzipien

    Energy Technology Data Exchange (ETDEWEB)

    Kissich, S.

    2004-07-01

    In this book the technical and the geographical range of application of the conventions of nuclear liability as well as the new comprehensively are analyzed for the first time. The author distributes a lot of open questions and offers own proposals of solution. Among other things, the questions cover the subsequent topics: liability for final storage facilities, application at military nuclear plants, validity of the conventions in accidents on high seas, application on nuclear damages in third-party governments, impact of the non-applicability of the convention on the liability of the operator and third persons. In addition, this book also is suitable for a venturing into the international nuclear liability law. The complex and bulky subject is prepared clearly and in an easily readable style.

  19. Misrepresentation and the Liability of Universities

    Science.gov (United States)

    Katter, Norman

    2006-01-01

    This article focuses on misrepresentation and the exposure of universities to legal liability for innocent, fraudulent or negligent statements by academics or administrative staff made to students or prospective students. A greater public awareness of consumer rights through media coverage of damage awards, speculative actions by lawyers, and a…

  20. Law, liability, and public health emergencies.

    Science.gov (United States)

    Hoffman, Sharona; Goodman, Richard A; Stier, Daniel D

    2009-06-01

    According to many experts, a public health emergency arising from an influenza pandemic, bioterrorism attack, or natural disaster is likely to develop in the next few years. Meeting the public health and medical response needs created by such an emergency will likely involve volunteers, health care professionals, public and private hospitals and clinics, vaccine manufacturers, governmental authorities, and many others. Conducting response activities in emergency circumstances may give rise to numerous issues of liability, and medical professionals and other potential responders have expressed concern about liability exposure. Providers may face inadequate resources, an insufficient number of qualified personnel, overwhelming demand for services, and other barriers to providing optimal treatment, which could lead to injury or even death in some cases. This article describes the different theories of liability that may be used by plaintiffs and the sources of immunity that are available to public health emergency responders in the public sector, private sector, and as volunteers. It synthesizes the existing immunity landscape and analyzes its gaps. Finally, the authors suggest consideration of the option of a comprehensive immunity provision that addresses liability protection for all health care providers during public health emergencies and that, consequently, assists in improving community emergency response efforts.

  1. 7 CFR 3565.505 - Liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Liability. 3565.505 Section 3565.505 Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE GUARANTEED RURAL RENTAL HOUSING PROGRAM Agency Guaranteed Loans That Back Ginnie Mae Guaranteed...

  2. Weighing up the EC Environmental Liability Directive

    NARCIS (Netherlands)

    Winter, Gerd; Jans, Jan H.; Macrory, Richard; Kraemer, Ludwig

    2008-01-01

    In spite of a lengthy gestation period, the Environmental Liability Directive left conceptual puzzles that have caused difficulties of transposition by Member States and of application by authorities, operators, third parties and insurance companies. This is largely due to the fact that the

  3. Trouble with Your Liability Insurance? Here's Why.

    Science.gov (United States)

    AGB Reports, 1985

    1985-01-01

    The insurance industry is in trouble, which means problems for colleges and universities--especially in the area of liability insurance. Some strategies for higher education are discussed, including risk-management programs, self-insurance, catastrophic or excess insurance, and risk-management consortia. (MLW)

  4. Preventive Medicine: Safeguards against Virus Liability Cases.

    Science.gov (United States)

    Thomas, Phyllis L.; And Others

    1991-01-01

    Colleges and universities that provide computer services have become vulnerable to potential lawsuits associated with contraction and spread of computer viruses. Bookstore, library, and computer classroom or laboratory are most susceptible. In addition to protection against legal liability, schools should take specific steps to prevent problems.…

  5. Postmarketing surveillance of abuse liability of sibutramine.

    Science.gov (United States)

    Arfken, Cynthia L; Schuster, Charles R; Johanson, Chris-Ellyn

    2003-03-01

    The abuse liability of medications is a growing concern as the number of newly approved psychoactive medications increases. Postmarketing surveillance can assist in determining abuse liability, but strategies are not well-defined for medications believed to be at low abuse risk. Using a newly approved medication (sibutramine--an anorectic drug), a novel approach to postmarketing abuse surveillance was introduced. A one-page anonymous questionnaire covering sibutramine, a scheduled anorectic drug (phentermine), and a fabricated name was added to the intake process of 58 treatment programs. From the 8780 completed questionnaires, 8.8% had heard of sibutramine and phentermine. For continued use to get high (a proxy for abuse), the rate for sibutramine was lower than for phentermine (0.6 vs. 2.2%, McNemar's chi(2) = 110.45, P < 0.001) but was higher than for the fabricated name (0.6 vs. 0.3%, McNemar's chi(2) = 11.86, P < 0.001). These results suggest the risk of abuse associated with sibutramine was lower than that associated with a known abused drug, one that itself is considered low risk despite decades of population exposure. The relatively high rate of hearing of sibutramine may be due to the direct-to-consumer advertisement. This approach is only one indicator in a surveillance framework but appears promising and validates findings from laboratory-based abuse liability studies that also indicate low abuse liability for sibutramine. Copyright 2002 Elsevier Science Ireland Ltd.

  6. 40 CFR 265.147 - Liability requirements.

    Science.gov (United States)

    2010-07-01

    ... received in consideration of the guarantee. If the guarantor is a firm with a “substantial business... DISPOSAL FACILITIES Financial Requirements § 265.147 Liability requirements. (a) Coverage for sudden..., or a group of such facilities, must demonstrate financial responsibility for bodily injury and...

  7. A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

    Directory of Open Access Journals (Sweden)

    Daniela POPESCU

    2010-01-01

    Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

  8. Liability for Damage Caused at the Pursuit of Financial Advisory

    Directory of Open Access Journals (Sweden)

    Slezáková Andrea

    2017-06-01

    Full Text Available The Act No 186/2009 Coll. on financial intermediation and financial advisory and on amendments and supplements to certain laws is reflecting on the topic of liability. It is incorporating provisions about the liability for damage at the pursuit of financial advisory. The attention is being paid to the liability for damage caused to the professional or non-professional client at the pursuit of financial advisory. In accordance with the element of the liability legal relationship, the subjective aspect, the liability for damage caused at the pursuit of financial advisory represents a subjective liability, where fault is necessary. Our proposal de lege ferenda is the introduction of strict liability for damage caused at the pursuit of financial advisory.

  9. Absoluteness or relativity of morality

    Directory of Open Access Journals (Sweden)

    I. A. Kadievskaya

    2014-02-01

    Full Text Available Article is dedicated to the case study of absoluteness or relativity of morals. The questions are in a new way comprehended: Can exist absolute morals? Is how its content? Is necessary it for humanity? Is moral personality absolute value? Does justify the purpose of means? It is substantiated, that reflecting about the problem of absoluteness or relativity of morals, one ought not to be abstracted from the religion ­ billions of people find in it the basis of their morals. Accumulated ethical experience is infinitely rich and diverse in humanity: it includes and the proclaimed prophets godly revelations, and the brilliant enlightenment of secular philosophers. Are analyzed such concepts, as morals, absolute morals, relativity, moral rigorizm, moral personality, formal ethics. The specific character of the moral relativity, which proclaims historicity and changeability of standards and standards of human behavior, is established. Moral rigorizm is understood as the principle, according to which the man must act only from the considerations of moral debt, whereas all other external motivations (interest, happiness, friendship, etc have no moral value. Is shown the priority significance of the nerigoristskoy formal ethics, in which strong idealizations and abstractions of the ethics of moral rigorizma are substituted by the weaker ­ more realistic and more humane. In the nerigoristskoy formal ethics, as in the life, moral estimations completely can be and in the overwhelming majority of the cases are relative.

  10. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician].

    Science.gov (United States)

    Pauković, Hrvoje

    2008-01-01

    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

  11. Database applicaton for absolute spectrophotometry

    Science.gov (United States)

    Bochkov, Valery V.; Shumko, Sergiy

    2002-12-01

    32-bit database application with multidocument interface for Windows has been developed to calculate absolute energy distributions of observed spectra. The original database contains wavelength calibrated observed spectra which had been already passed through apparatus reductions such as flatfielding, background and apparatus noise subtracting. Absolute energy distributions of observed spectra are defined in unique scale by means of registering them simultaneously with artificial intensity standard. Observations of sequence of spectrophotometric standards are used to define absolute energy of the artificial standard. Observations of spectrophotometric standards are used to define optical extinction in selected moments. FFT algorithm implemented in the application allows performing convolution (deconvolution) spectra with user-defined PSF. The object-oriented interface has been created using facilities of C++ libraries. Client/server model with Windows Socket functionality based on TCP/IP protocol is used to develop the application. It supports Dynamic Data Exchange conversation in server mode and uses Microsoft Exchange communication facilities.

  12. Absolute luminosity measurements at LHCb

    CERN Document Server

    Hopchev, Plamen

    2011-01-01

    Absolute luminosity measurements are of general interest for colliding-beam experiments at storage rings. These measurements are necessary to determine the absolute cross-sections of reaction processes and are valuable to quantify the performance of the accelerator. LHCb has applied two methods to determine the absolute scale of its luminosity measurements for proton-proton collisions at the LHC running at a centre-of-mass energy of 7 TeV. In addition to the classic ``van der Meer'' scan method a novel technique has been developed which makes use of direct imaging of the individual beams using both proton-gas and proton-proton interactions. The beam imaging method is made possible by the high resolution of the LHCb vertex detector and the close proximity of the detector to the beams, and allows beam parameters such as positions, angles and widths to be determined. We describe both methods and compare the two results. In addition, we present the techniques used to transport the absolute luminosity measurement ...

  13. Relativistic Absolutism in Moral Education.

    Science.gov (United States)

    Vogt, W. Paul

    1982-01-01

    Discusses Emile Durkheim's "Moral Education: A Study in the Theory and Application of the Sociology of Education," which holds that morally healthy societies may vary in culture and organization but must possess absolute rules of moral behavior. Compares this moral theory with current theory and practice of American educators. (MJL)

  14. Absolute Standards for Climate Measurements

    Science.gov (United States)

    Leckey, J.

    2016-10-01

    In a world of changing climate, political uncertainty, and ever-changing budgets, the benefit of measurements traceable to SI standards increases by the day. To truly resolve climate change trends on a decadal time scale, on-orbit measurements need to be referenced to something that is both absolute and unchanging. One such mission is the Climate Absolute Radiance and Refractivity Observatory (CLARREO) that will measure a variety of climate variables with an unprecedented accuracy to definitively quantify climate change. In the CLARREO mission, we will utilize phase change cells in which a material is melted to calibrate the temperature of a blackbody that can then be observed by a spectrometer. A material's melting point is an unchanging physical constant that, through a series of transfers, can ultimately calibrate a spectrometer on an absolute scale. CLARREO consists of two primary instruments: an infrared (IR) spectrometer and a reflected solar (RS) spectrometer. The mission will contain orbiting radiometers with sufficient accuracy to calibrate other space-based instrumentation and thus transferring the absolute traceability. The status of various mission options will be presented.

  15. Contractual medical liability in Portugal and Macao

    Directory of Open Access Journals (Sweden)

    Rui Miguel Prista Patrício Cascão

    2016-09-01

    Full Text Available Liability of healthcare providers can be framed under the theory of contract in the law of Portugal and Macao, to obtain compensation for injury suffered by aggrieved patients, as a result of medical adverse events. However, shortcomings in the law, court practice and literature lead to some uncertainty in adjudication. This article aims at reducing said uncertainty, setting forward a clear-cut adjudication paradigm, while recommending legal reform.

  16. Judicial considerations with regard to civil liability.

    Science.gov (United States)

    Pittelli, S D; Muñoz, D R

    2007-03-01

    This paper addresses the relationship between the doctrinaire position of a judge in terms of the civil liability objective and subjective theories and the results of their decisions in terms of "acquittal/against judgments". A system of classification of matter of fact results is proposed and the influence on the result of the decision of each category is also tested. The material consists of 71 records of judicial procedures from São Paulo State Court of Justice.

  17. Civil liability for ecologic damage and repairing

    OpenAIRE

    Basílio, Patrícia Droeber; Faculdades de Vitória, Espírito Santo, Brasil

    2009-01-01

    This article analyses how civil liability takes position regarding situations connected to damages caused to the environment, defined ways in our legislation reprimanding damages caused and existent ways of prevention and repairing. The text contemplates how law disciplines such issue, looking for efficient and effective solutions and also checking evolution and modification from law which are relevant to the environment, the environmental law, whereas we observe it is a serious issue that ha...

  18. AUDITOR''S PROFESSIONAL LIABILITY INSURANCE

    OpenAIRE

    Dorosh, N.

    2008-01-01

    This article is devoted to positive experience insurance of auditing in different countries and how it to use in Ukraine. Insurance rates have risen considerably as a result of increasing litigation in many countries, professional liability insurance is still available for all CPAs. It is essential for a CPA firm in Ukraine to have adequate insurance protection in the event of lawsuit about performing quality audit. This article is described all the particulars of a insurance's agreement.

  19. Telecommunications, health care, and legal liability

    Science.gov (United States)

    Levy, Chris

    1990-06-01

    Regulation of health care telecommunications is fragmented in Canada. Further neither the legislative nor the administrative nor the judicial processes have managed to respond successfully to the impact of telecommunications technology. The result is a legal environment that is necessarily speculative for both telecommunications service providers and health care personnel and facilities. Critical issues include ensuring confidentiality for sensitive patient records and health information liability of telecommunications service providers for inaccurate transmission liability of health care providers for use or non-use of telecommunications services. Limitation of legal liability for both telecommunications and health care service providers is likely to be most effective when based on contract but the creation of the necessary contracts is potentially unduly cumbersome both legally and practically. 1. CONSTITUTIONAL ASPECTS Telecommunications systems that are empowered to operate or connect cross provincial or international boundaries are subject to federal regulation bu the scheme is incomplete in respect of a system set up as a provincial agency. Health care on the other hand is very much a matter of provincial rather than federal authority as a matter of strict law but the fiscal strength of the federal government enables it to provide money to the provinces for financing health care and to4 use this as a device for securing compliance with certain federal standards. Nevertheless the political willingness of the federal health authorities to impose standards on the provinces

  20. Product Liability and Moral Hazard: Evidence from General Aviation

    OpenAIRE

    2012-01-01

    Product liability law reduces the costs of accidents to consumers, thus reducing their incentives to invest in safety. We estimate the impact of tort liability on a subset of consumers who have significant control over the probability of an accident: the consumers of general aviation aircraft. The General Aviation Revitalization Act of 1994 exempted manufacturers of small aircraft from product liability claims when their aircraft reached 18 years of age. We use the exemption at age 18 to esti...

  1. Collective redress : broadening EU enforcement through state liability?

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

    This article advances an argument that private enforcement of European Union (EU) rights has largely been stunted due to a series of blocking tactics by Member States, enabled through a form of tacitic subservience of the Court of Justice of the European Union to these States. Currently, State Liability is neither an effective system of redress under tortious liability, nor a genuine enforcement mechanism in domestic law. By enabling collective redress in State Liability, we present an argume...

  2. Liability for the Payment of Public School Fees

    Directory of Open Access Journals (Sweden)

    M Carnelley

    2011-10-01

    Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

  3. Assets and Liabilities Management – Concept and Optimal Organization

    OpenAIRE

    Ciobotea Adina; Oaca Sorina Cristina

    2011-01-01

    Asset-liability management (ALM) is a term whose meaning has evolved. It is used in slightly different ways in different contexts. ALM was pioneered by financial institutions, but corporations now also apply ALM techniques. In banking, asset and liability management is the practice of managing risks that arise due to mismatches between the assets and liabilities (debts and assets) of the bank. This can also be seen in insurance. Banks face several risks such as the liquidity risk, interest ra...

  4. Multiperiod mean-variance efficient portfolios with endogenous liabilities

    OpenAIRE

    Markus LEIPPOLD; Trojani, Fabio; Vanini, Paolo

    2011-01-01

    We study the optimal policies and mean-variance frontiers (MVF) of a multiperiod mean-variance optimization of assets and liabilities (AL). This makes the analysis more challenging than for a setting based on purely exogenous liabilities, in which the optimization is only performed on the assets while keeping liabilities fixed. We show that, under general conditions for the joint AL dynamics, the optimal policies and the MVF can be decomposed into an orthogonal set of basis returns using exte...

  5. Physics of negative absolute temperatures

    Science.gov (United States)

    Abraham, Eitan; Penrose, Oliver

    2017-01-01

    Negative absolute temperatures were introduced into experimental physics by Purcell and Pound, who successfully applied this concept to nuclear spins; nevertheless, the concept has proved controversial: a recent article aroused considerable interest by its claim, based on a classical entropy formula (the "volume entropy") due to Gibbs, that negative temperatures violated basic principles of statistical thermodynamics. Here we give a thermodynamic analysis that confirms the negative-temperature interpretation of the Purcell-Pound experiments. We also examine the principal arguments that have been advanced against the negative temperature concept; we find that these arguments are not logically compelling, and moreover that the underlying "volume" entropy formula leads to predictions inconsistent with existing experimental results on nuclear spins. We conclude that, despite the counterarguments, negative absolute temperatures make good theoretical sense and did occur in the experiments designed to produce them.

  6. Optomechanics for absolute rotation detection

    Science.gov (United States)

    Davuluri, Sankar

    2016-07-01

    In this article, we present an application of optomechanical cavity for the absolute rotation detection. The optomechanical cavity is arranged in a Michelson interferometer in such a way that the classical centrifugal force due to rotation changes the length of the optomechanical cavity. The change in the cavity length induces a shift in the frequency of the cavity mode. The phase shift corresponding to the frequency shift in the cavity mode is measured at the interferometer output to estimate the angular velocity of absolute rotation. We derived an analytic expression to estimate the minimum detectable rotation rate in our scheme for a given optomechanical cavity. Temperature dependence of the rotation detection sensitivity is studied.

  7. Valuation of Non-Life Liabilities from Claims Triangles

    Directory of Open Access Journals (Sweden)

    Mathias Lindholm

    2017-07-01

    Full Text Available This paper provides a complete program for the valuation of aggregate non-life insurance liability cash flows based on claims triangle data. The valuation is fully consistent with the principle of valuation by considering the costs associated with a transfer of the liability to a so-called reference undertaking subject to capital requirements throughout the runoff of the liability cash flow. The valuation program includes complete details on parameter estimation, bias correction and conservative estimation of the value of the liability under partial information. The latter is based on a new approach to the estimation of mean squared error of claims reserve prediction.

  8. FEATURES OF PROFESSIONAL LIABILITY INSURANCE REALIZATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    О. Lobova

    2015-04-01

    Full Text Available The signs of professional liability insurance are generalized in the article. It is the presence of losses, additional costs that require mechanisms and sources of compensation. The essence of the professional responsibility concept is determined and it is characterized like specialists material liability of different professions, lack of qualifications, errors and omissions are due to carelessness or negligence may cause harm to the client The main elements of the professional liability insurance contract, such as insurance objects, insurance compensation, insurance risks are described. The types of professional liability insurance are characterized. There are such types of the professional liability insurance: professional liability insurance of architect, lawyer, auditor (accountant, appraiser, notary, customs broker and doctor. It is determined, that the most widespread in Ukraine is the professional liability insurance of lawyer and customs broker because the policy is purchased for the sole purpose to obtain a license. The size of insurance rates in the provision of professional liability insurance in different insurance companies of Ukraine are analyzed. It is established that insurance rate depends on the type of professional activity, scope of service, qualifications and the other factors. The development impulse can only provide judicial and legal definition of professions wide list that are subject under mandatory professional liability insurance.

  9. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2013-06-01

    Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  10. Medical liability and health care reform.

    Science.gov (United States)

    Nelson, Leonard J; Morrisey, Michael A; Becker, David J

    2011-01-01

    We examine the impact of the Affordable Care Act (ACA) on medical liability and the controversy over whether federal medical reform including a damages cap could make a useful contribution to health care reform. By providing guaranteed access to health care insurance at community rates, the ACA could reduce the problem of under-compensation resulting from damages caps. However, it may also exacerbate the problem of under-claiming in the malpractice system, thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress and physician groups both pushed for the adoption of a federal damages cap as part of health care reform. Physician support for damages caps could be explained by concerns about the insurance cycle and the consequent instability of the market. Our own study presented here suggests that there is greater insurance market stability in states with caps on non-economic damages. Republicans in Congress argued that the enactment of damages caps would reduce aggregate health care costs. The Congressional Budget Office included savings from reduced health care utilization in its estimates of cost savings that would result from the enactment of a federal damages cap. But notwithstanding recent opinions offered by the CBO, it is not clear that caps will significantly reduce health care costs or that any savings will be passed on to consumers. The ACA included funding for state level demonstration projects for promising reforms such as offer and disclosure and health courts, but at this time the benefits of these reforms are also uncertain. There is a need for further studies on these issues.

  11. Android Apps for Absolute Beginners

    CERN Document Server

    Jackson, Wallace

    2011-01-01

    Anybody can start building simple apps for the Android platform, and this book will show you how! Android Apps for Absolute Beginners takes you through the process of getting your first Android applications up and running using plain English and practical examples. It cuts through the fog of jargon and mystery that surrounds Android application development, and gives you simple, step-by-step instructions to get you started.* Teaches Android application development in language anyone can understand, giving you the best possible start in Android development * Provides simple, step-by-step exampl

  12. CIVIL LIABILITY FOR NUCLEAR DAMAGE: COMPARATIVE ANALYSIS OF INTERNATIONAL TREATIES

    Directory of Open Access Journals (Sweden)

    Laura Rimšaitė

    2013-06-01

    Full Text Available It was widely accepted that nuclear damage might be extensive and spread to other countries. International civil liability for nuclear damage is embodied by two major instruments: International Atomic Energy Agency (IAEA 1963 Vienna Convention on Civil liability for Nuclear Damage and Paris Convention of 1960 on third party liability (OECD with its amending protocols. Major problem arises because of lack of coherence and for this reason supplementary conventions and protocols has been adopted but sufficient results has not been achieved. International treaties on civil liability for nuclear damage are mostly based upon principles of operator’s exclusive, channeling, strict liability for nuclear damage, mandatory financial coverage, compensation without discrimination. These principles set ground for the appropriate compensation standard thus minimizing the difficulty level of complicated legal cross-actions and identifies certain subjects in individual cases who are liable also allows a concentration of the insurance capacity. Although Conventions sets similar principles, Europe remains in two different liability regimes which cover differences of liability amounts, scope of application, rules of jurisdiction conflicts. Problem of legal coherence at European Union level also arises because Member States are either parties to the Paris Convention or Vienna Convention at different speeds. This research paper provides an in-depth analysis of international legal framework development and impetus to create trans-boundary compensation mechanisms thus to foster development of European Union nuclear energy market and to provide higher protection for victims inside and outside the country where the incident has occurred. Purpose – provide comparative analysis of international treaties which regulate civil liability for nuclear damage in the context of European Union nuclear energy market development. Design/methodology - paper is based on document

  13. 47 CFR 3.76 - Licensee's liability for payment.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Licensee's liability for payment. 3.76 Section... ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Enforcement § 3.76 Licensee's liability for payment. The U.S. ship station licensee bears ultimate responsibility for final payment of...

  14. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, F.; Uras, R.B.

    2014-01-01

    This paper characterizes an optimal group loan contract with costly peer monitoring. Using a fairly standard moral hazard framework, we show that the optimal group lending contract could exhibit a joint-liability scheme. However, optimality of joint-liability requires the involvement of a group lead

  15. Torts Liability for Strike Action and Third Party Rights.

    Science.gov (United States)

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  16. Corrective justice as a principle of civil liability

    OpenAIRE

    2015-01-01

    This paper is focused on the principle of corrective justice as one of the basic principles of civil liability in the context of the modern living and increasing risks. The question that is raised with this paper is the influence the modern living and increasing risks have on the established bases of civil liability and tort law in general.

  17. Civil Liability of Schools, Teachers and Pupils for Careless Behaviour.

    Science.gov (United States)

    Wenham, David

    1999-01-01

    Identifies elements that (British) courts consider in school or teacher negligence cases. Reviews significant case law establishing liability of schools and teachers for harm sustained by pupils and children's personal liability for careless acts leading to personal harm. Discusses implications of a recent child negligence case. (Contains 14…

  18. 33 CFR 153.405 - Liability to the pollution fund.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

  19. 7 CFR 917.68 - Liability of committee members.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Liability of committee members. 917.68 Section 917.68 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing... CALIFORNIA Order Regulating Handling Miscellaneous Provisions § 917.68 Liability of committee members....

  20. Torts Liability for Strike Action and Third Party Rights.

    Science.gov (United States)

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  1. Assessing liability with argumentation maps : an application in aviation law

    NARCIS (Netherlands)

    Contissa, Giuseppe; Laukyte, Migle; Sartor, Giovanni; Schebesta, H.

    2013-01-01

    In this paper we present an application of argument maps for assessing liability in the field of Air Traffic Management (ATM), developed within the ALIAS (Addressing the Liability Impact of Automated Systems) project. Such maps are used for presenting legal concepts and norms to lawyers and non lawy

  2. 18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

    Science.gov (United States)

    2010-04-01

    ... GAS ACT Balance Sheet Chart of Accounts Current and Accrued Liabilities § 367.2440 Account 244... instrument liabilities. 367.2440 Section 367.2440 Conservation of Power and Water Resources FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY REGULATIONS UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF...

  3. 31 CFR 315.56 - General instructions and liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

  4. 14 CFR 221.106 - Notice of limited liability for baggage; alternative consolidated notice of liability limitations.

    Science.gov (United States)

    2010-01-01

    ... OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) ECONOMIC REGULATIONS TARIFFS... Limitations of Liability Airline liability for death or personal injury may be limited by the Warsaw... valuable articles. See the notice with your tickets or consult your airline or travel agent for further...

  5. Cosmology with Negative Absolute Temperatures

    CERN Document Server

    Vieira, J P P; Lewis, Antony

    2016-01-01

    Negative absolute temperatures (NAT) are an exotic thermodynamical consequence of quantum physics which has been known since the 1950's (having been achieved in the lab on a number of occasions). Recently, the work of Braun et al (2013) has rekindled interest in negative temperatures and hinted at a possibility of using NAT systems in the lab as dark energy analogues. This paper goes one step further, looking into the cosmological consequences of the existence of a NAT component in the Universe. NAT-dominated expanding Universes experience a borderline phantom expansion ($w<-1$) with no Big Rip, and their contracting counterparts are forced to bounce after the energy density becomes sufficiently large. Both scenarios might be used to solve horizon and flatness problems analogously to standard inflation and bouncing cosmologies. We discuss the difficulties in obtaining and ending a NAT-dominated epoch, and possible ways of obtaining density perturbations with an acceptable spectrum.

  6. Cosmology with negative absolute temperatures

    Science.gov (United States)

    Vieira, J. P. P.; Byrnes, Christian T.; Lewis, Antony

    2016-08-01

    Negative absolute temperatures (NAT) are an exotic thermodynamical consequence of quantum physics which has been known since the 1950's (having been achieved in the lab on a number of occasions). Recently, the work of Braun et al. [1] has rekindled interest in negative temperatures and hinted at a possibility of using NAT systems in the lab as dark energy analogues. This paper goes one step further, looking into the cosmological consequences of the existence of a NAT component in the Universe. NAT-dominated expanding Universes experience a borderline phantom expansion (w inflation and bouncing cosmologies. We discuss the difficulties in obtaining and ending a NAT-dominated epoch, and possible ways of obtaining density perturbations with an acceptable spectrum.

  7. Personal Liability For Loss Of Business Of Consumer In Electronic Transaction Using The Standard Contract

    Directory of Open Access Journals (Sweden)

    Abdul Halim Barakatullah

    2016-08-01

    Full Text Available Standard contract in electronic transactions in the business-to-consumer as contract online is offered by business actor to consumers in the form of ‘take it or leave it’. Almost all standard contracts in electronic transaction cannot be negotiated. These contracts are businesses utilized to circumvent and ignore the rights of electronic consumers. This electronic transaction has its own characteristics when compared to conventional transactions. Based on the principle of contract freedom, then the contract can be made in any form and binding as law for the parties. Therefore the consumer protection should be equated with consumer conducting transactions conventionally. Under the provisions of UUPK stated that businesses are prohibited from creating a standard clause in the contract that the form of the transfer of responsibility. Consequently, the violation of the provisions of the standard clause that has been set by the business is declared null and void. The principle of responsibility is also adopted in principle of the presumption of UUPK is to always be responsible (presumption of liability principle by the burden of reversed proof. For greater protection for consumers in electronic transactions, it is right in Indonesia to implement the principle of absolute liability in providing maximum legal protection for consumers in transactions in cyberspace.

  8. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina

    2014-01-01

    vis-à-vis local firms and raise doubts about the assumption that more distance necessarily translates into higher costs. This article adds to this criticism with a historical analysis of German multinational enterprises in preindependence India. The case proves (1) the relevance of specific......Much of international business literature has dealt with the costs of engaging in business abroad. Recently, several authors have called into question the basic assumptions of the “liability of foreignness” argument. They plead for a more nuanced look at nationality beyond the dichotomy of foreign...... with nationality are, thus making a thorough historical analysis of commercial, political, and cultural links between host and home country indispensable....

  9. [Liability in Anaesthesiology: theory of disproportionate damage].

    Science.gov (United States)

    Galán Gutiérrez, J C; Galán Cortés, J C

    2013-10-01

    An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.

  10. Liability aspects of home energy-rating systems

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1983-10-01

    Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

  11. Expanded managed care liability: what impact on employer coverage?

    Science.gov (United States)

    Studdert, D M; Sage, W M; Gresenz, C R; Hensler, D R

    1999-01-01

    Policymakers are considering legislative changes that would increase managed care organizations' exposure to civil liability for withholding coverage or failing to deliver needed care. Using a combination of empirical information and theoretical analysis, we assess the likely responses of health plans and Employee Retirement Income Security Act (ERISA) plan sponsors to an expansion of liability, and we evaluate the policy impact of those moves. We conclude that the direct costs of liability are uncertain but that the prospect of litigation may have other important effects on coverage decision making, information exchange, risk contracting, and the extent of employers' involvement in health coverage.

  12. International pact limits airline's liability for needle injury.

    Science.gov (United States)

    1998-09-18

    [Name removed] sued Mexicana de Aviacion S.A. de C.V. for liability after he was pricked in the leg by a hypodermic needle that was found in the plane's seat cushion. A Federal judge ruled that since liability claims resulting from injuries on international flights are covered by the Warsaw Convention, [name removed] could not recover more than $75,000 for his fear-of-AIDS liability lawsuit. The judge also stated that the Signature Support Corporation, a second defendant named in the case because they are subcontracted to clean Mexicana's planes, may also be covered by the Warsaw Convention.

  13. Absolutely separating quantum maps and channels

    Science.gov (United States)

    Filippov, S. N.; Magadov, K. Yu; Jivulescu, M. A.

    2017-08-01

    Absolutely separable states ϱ remain separable under arbitrary unitary transformations U\\varrho {U}\\dagger . By example of a three qubit system we show that in a multipartite scenario neither full separability implies bipartite absolute separability nor the reverse statement holds. The main goal of the paper is to analyze quantum maps resulting in absolutely separable output states. Such absolutely separating maps affect the states in a way, when no Hamiltonian dynamics can make them entangled afterwards. We study the general properties of absolutely separating maps and channels with respect to bipartitions and multipartitions and show that absolutely separating maps are not necessarily entanglement breaking. We examine the stability of absolutely separating maps under a tensor product and show that {{{Φ }}}\\otimes N is absolutely separating for any N if and only if Φ is the tracing map. Particular results are obtained for families of local unital multiqubit channels, global generalized Pauli channels, and combination of identity, transposition, and tracing maps acting on states of arbitrary dimension. We also study the interplay between local and global noise components in absolutely separating bipartite depolarizing maps and discuss the input states with high resistance to absolute separability.

  14. Absolute configuration of isovouacapenol C

    Directory of Open Access Journals (Sweden)

    Hoong-Kun Fun

    2010-08-01

    Full Text Available The title compound, C27H34O5 {systematic name: (4aR,5R,6R,6aS,7R,11aS,11bR-4a,6-dihydroxy-4,4,7,11b-tetramethyl-1,2,3,4,4a,5,6,6a,7,11,11a,11b-dodecahydrophenanthro[3,2-b]furan-5-yl benzoate}, is a cassane furanoditerpene, which was isolated from the roots of Caesalpinia pulcherrima. The three cyclohexane rings are trans fused: two of these are in chair conformations with the third in a twisted half-chair conformation, whereas the furan ring is almost planar (r.m.s. deviation = 0.003 Å. An intramolecular C—H...O interaction generates an S(6 ring. The absolute configurations of the stereogenic centres at positions 4a, 5, 6, 6a, 7, 11a and 11b are R, R, R, S, R, S and R, respectively. In the crystal, molecules are linked into infinite chains along [010] by O—H...O hydrogen bonds. C...O [3.306 (2–3.347 (2 Å] short contacts and C—H...π interactions also occur.

  15. Measurement of the absolute speed is possible?

    OpenAIRE

    Shevchenko, Sergey V.; Vladimir V. Tokarevsky

    2016-01-01

    One of popular problems, which  are experimentally studied in physics in a long time, is the testing of the special relativity theory, first of all – measurements of isotropy and constancy of light speed; as well as attempts to determine so called “absolute speed”, i.e. the Earth speed in the absolute spacetime (absolute reference frame), if this spacetime (ARF) exists.  Corresponding experiments aimed at the measuring of proper speed of some reference frame in oth...

  16. To measure the absolute speed is possible?

    OpenAIRE

    Shevchenko, Sergey; Tokarevsky, Vladimir

    2013-01-01

    One of popular problems, which are experimentally studied in physics in a long time, is the testing of the special relativity theory, first of all – measurements of isotropy and constancy of light speed; as well as attempts to determine so called “absolute speed”, i.e. the Earth speed in the absolute spacetime (absolute reference frame), if this spacetime (ARF) exists. Corresponding experiments aimed at the measuring of proper speed of some reference frame in other one, incl...

  17. 48 CFR 1427.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability....

  18. 48 CFR 27.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability....

  19. Accounting Issues: An Essay Series Part VII--Liabilities

    Science.gov (United States)

    Laux, Judy

    2008-01-01

    This article, the seventh in the series, presents accounting for liabilities along with some related conceptual and measurement issues. Additional coverage is devoted to potential ethical dilemmas and both theoretical and empirical literature related to this set of accounting elements.

  20. Stopping and Questioning Suspected Shoplifters Without Creating Civil Liability

    Science.gov (United States)

    Reed, Jack R., Jr.

    1977-01-01

    Legal problems concerned with shoplifting suspects are addressed, including common law, criminal penalties, and the merchant's liability. Tangential questions and answers are presented along with discussion of pertinent court cases. (LBH)

  1. Nuclear liability coverage developments in the United States of America

    Energy Technology Data Exchange (ETDEWEB)

    Brown II, Omer F.

    1995-12-31

    The availability of such nuclear liability coverage has been a concern of nuclear power plant vendors, suppliers and operators, and public officials in the United States or many years. This paper addresses implications of the Federal Price-Anderson Act (42 U.S.C. 2014, 2020; Sections 11 and 170 of the Atomic Energy Act of 1954, as amended); on the financial liability of persons accountable for an accident in the United States. (author).

  2. DAMAGE – CONSTITUTIVE ELEMENT OF TORT LIABILITY IN ENVIRONMENTAL LAW

    OpenAIRE

    ANDRADA TRUSCA

    2011-01-01

    In order to discuss about tort liability, several conditions need to exist: the illicit act, damage, causal link between the illicit act and damage, and last but not least, illicit offender fault. Thus, the damage is a sine qua non condition of tort liability, the illicit act being necessary but insufficient for its employment. Damage was defined as the harmful result, with a patrimonial or a non patrimonial nature, a result of violations of subjective rights and legitimate interests of an in...

  3. Malpractice Liability and Defensive Medicine: A National Survey of Neurosurgeons

    OpenAIRE

    Nahed, Brian V.; Babu, Maya A.; Smith, Timothy R.; Heary, Robert F.

    2012-01-01

    BACKGROUND: Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of...

  4. Reinforcer Pathology: The Behavioral Economics of Abuse Liability Testing.

    Science.gov (United States)

    Bickel, W K; Snider, S E; Quisenberry, A J; Stein, J S

    2017-02-01

    Understanding the abuse liability of novel drugs is critical to understanding the risk these new compounds pose to society. Behavioral economics, the integration of psychology and economics, can be used to predict abuse liability of novel substances. Here, we describe the behavioral economic concept of reinforcer pathology and how it may predict the use of novel drugs in existing drug-users and initiation of use in the drug-naive. © 2016 American Society for Clinical Pharmacology and Therapeutics.

  5. Malpractice liability, technology choice and negative defensive medicine.

    Science.gov (United States)

    Feess, Eberhard

    2012-04-01

    We extend the theoretical literature on the impact of malpractice liability by allowing for two treatment technologies, a safe and a risky one. The safe technology bears no failure risk, but leads to patient-specific disutility since it cannot completely solve the health problems. By contrast, the risky technology (for instance a surgery) may entirely cure patients, but fail with some probability depending on the hospital's care level. Tight malpractice liability increases care levels if the risky technology is chosen at all, but also leads to excessively high incentives for avoiding the liability exposure by adopting the safe technology. We refer to this distortion toward the safe technology as negative defensive medicine. Taking the problem of negative defensive medicine seriously, the second best optimal liability needs to balance between the over-incentive for the safe technology in case of tough liability and the incentive to adopt little care for the risky technology in case of weak liability. In a model with errors in court, we find that gross negligence where hospitals are held liable only for very low care levels outperforms standard negligence, even though standard negligence would implement the first best efficient care level.

  6. Nosocomial infection and civil liability in Brazilian courts

    Directory of Open Access Journals (Sweden)

    CARVALHO DA SILVA, José Marcio

    2015-07-01

    Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.

  7. Absolute Income, Relative Income, and Happiness

    Science.gov (United States)

    Ball, Richard; Chernova, Kateryna

    2008-01-01

    This paper uses data from the World Values Survey to investigate how an individual's self-reported happiness is related to (i) the level of her income in absolute terms, and (ii) the level of her income relative to other people in her country. The main findings are that (i) both absolute and relative income are positively and significantly…

  8. Newton On Absolute Space A Commentary

    CERN Document Server

    Adewole, A I A

    2001-01-01

    Newton seems to have stated a quantitative relationship between the position of a body in relative space and the position of the body in absolute space in the first scholium of his Principia. We show that if this suspected relationship is assumed to hold, it will dispel many errors and misrepresentations that have befallen Newton's ideas on absolute space.

  9. Investigating Absolute Value: A Real World Application

    Science.gov (United States)

    Kidd, Margaret; Pagni, David

    2009-01-01

    Making connections between various representations is important in mathematics. In this article, the authors discuss the numeric, algebraic, and graphical representations of sums of absolute values of linear functions. The initial explanations are accessible to all students who have experience graphing and who understand that absolute value simply…

  10. Monolithically integrated absolute frequency comb laser system

    Energy Technology Data Exchange (ETDEWEB)

    Wanke, Michael C.

    2016-07-12

    Rather than down-convert optical frequencies, a QCL laser system directly generates a THz frequency comb in a compact monolithically integrated chip that can be locked to an absolute frequency without the need of a frequency-comb synthesizer. The monolithic, absolute frequency comb can provide a THz frequency reference and tool for high-resolution broad band spectroscopy.

  11. ACCRUAL OF LIABILITIES AND CONTINGENT ASSETS

    Directory of Open Access Journals (Sweden)

    Elena Ilie

    2011-12-01

    Full Text Available International Financial Reporting Standards together with Public Sector Accounting Standards are based on professional reasoning by appealing to principles that can lead to several solutions for a certain problem. In this respect Romanian economic mechanisms have a high level of rigidity in the implementation of accounting concepts and principles so that it is important to highlight the aspects that generate added value in the current economic climate. Even since 2005 the harmonization of Romanian accounting with the directives of International Accounting Standards, which came to support the harmonization of rules and principles concerning the development of annual financial statements of public institutions, is the most important and essential challenge for administrative environment. Assets and contingent liabilities are elements which in terms of the law cannot be included in the assets of a public institution that is why accounting of these elements must be performed using special off-balance sheet accounts. The purpose of this work emphasizes the opportunity and the recognition of economic events whose elements should be reflected in balance sheet, but also the appropriate and necessary moment of making entries over special accounts off the balance sheet in accordance with IPSAS 19.

  12. Canonical duties, liabilities of trustees and administrators.

    Science.gov (United States)

    Morrisey, F G

    1985-06-01

    The new Code of Canon Law outlines a number of duties of those who have responsibility for administering the Church's temporal goods. Before assuming office, administrators must pledge to be efficient and faithful, and they must prepare an inventory of goods belonging to the juridic person they serve. Among their duties, administrators must: Ensure that adequate insurance is provided; Use civilly valid methods to protect canonical ownership of the goods; Observe civil and canon law prescriptions as well as donors' intentions; Collect and safeguard revenues, repay debts, and invest funds securely; Maintain accurate records, keep documents secure, and prepare an annual budget; Prepare an annual report and present it to the Ordinary where prescribed; Observe civil law concerning labor and social policy, and pay employees a just and decent wage. Administrators who carry out acts that are invalid canonically are liable for such acts. The juridic person is not liable, unless it derived benefit from the transaction. Liability is especially high when the sale of property is involved or when a contract is entered into without proper cannonical consent. Although Church law is relatively powerless to punish those who have been negligent, stewards, administrators, and trustees must do all they can to be truthful to the responsibility with which they have been entrusted.

  13. Absolute quantitation of protein posttranslational modification isoform.

    Science.gov (United States)

    Yang, Zhu; Li, Ning

    2015-01-01

    Mass spectrometry has been widely applied in characterization and quantification of proteins from complex biological samples. Because the numbers of absolute amounts of proteins are needed in construction of mathematical models for molecular systems of various biological phenotypes and phenomena, a number of quantitative proteomic methods have been adopted to measure absolute quantities of proteins using mass spectrometry. The liquid chromatography-tandem mass spectrometry (LC-MS/MS) coupled with internal peptide standards, i.e., the stable isotope-coded peptide dilution series, which was originated from the field of analytical chemistry, becomes a widely applied method in absolute quantitative proteomics research. This approach provides more and more absolute protein quantitation results of high confidence. As quantitative study of posttranslational modification (PTM) that modulates the biological activity of proteins is crucial for biological science and each isoform may contribute a unique biological function, degradation, and/or subcellular location, the absolute quantitation of protein PTM isoforms has become more relevant to its biological significance. In order to obtain the absolute cellular amount of a PTM isoform of a protein accurately, impacts of protein fractionation, protein enrichment, and proteolytic digestion yield should be taken into consideration and those effects before differentially stable isotope-coded PTM peptide standards are spiked into sample peptides have to be corrected. Assisted with stable isotope-labeled peptide standards, the absolute quantitation of isoforms of posttranslationally modified protein (AQUIP) method takes all these factors into account and determines the absolute amount of a protein PTM isoform from the absolute amount of the protein of interest and the PTM occupancy at the site of the protein. The absolute amount of the protein of interest is inferred by quantifying both the absolute amounts of a few PTM

  14. Financing of Liabilities Beyond the Service Life of Nuclear Installations

    Directory of Open Access Journals (Sweden)

    L. Havlíček

    2006-01-01

    Full Text Available Operation of a nuclear installation is connected with the creation of long-term liabilities for spent fuel management and disposal, and also decommissioning of the installation (power plant, storages. This means that the operator will have to expend considerable amount of financial resources over a long period after the closure of installation. These financial resources will have to be created during operation of the installation. Related costs to be expended in future must be fully included in the price of electricity, in order to ensure fair competition among different operators. Financial resources for future coverage of liabilities must be continuously invested in order to compensate for inflation and to gain some real interest.Any failure by the operator to comply with its liabilities poses an economic and potentially an environmental hazard for operator’s country. Due attention must therefore be paid to assessing connected costs, defining liabilities and ensuring appropriate regulatory oversight. Appropriate measures must be well defined and firmly anchored in the legislation of countries operating nuclear installations. This paper reviews the basic principles that should ensure operator’s compliance their liabilities, and maps the current situation in the Czech Republic. 

  15. Liability for damage caused by terrorist attacks; Haftung fuer Terrorismusschaeden

    Energy Technology Data Exchange (ETDEWEB)

    Heller, W.

    2004-10-01

    After the terrorist attacks on September 11, 2001, one of the questions raised was about the potential liability of the operator of a nuclear power plant for damage sustained by a third party as a result of a comparable terrorist attack on a nuclear power plant. Internationally, this situation is regulated by the Convention on Third-Party Liability in Nuclear Power, the so-called Paris Liability Convention, of 1960, 1964, 1982. Among other things, that Convention excludes liability in cases directly resulting form 'actions of armed conflict..'. The problem arises, among other things, from the absence of an internationally acknowledged definition of terrorism or terrorist attack, and from the idea that, according to the Paris Convention, the legal entities assumed to be involved in such actions are states and weapons. National and international agreements and laws about the liability of the operator of nuclear facility for damage to third parties as a result of terrorist actions are analyzed and discussed. (orig.)

  16. HERG block, QT liability and sudden cardiac death.

    Science.gov (United States)

    Brown, Arthur M

    2005-01-01

    Non-cardiac drugs may prolong action potential duration (APD) and QT leading to Torsade de Pointes (TdP) and sudden cardiac death. TdP is rare and QT is used as a surrogate marker in the clinic. For non-cardiac drugs, APD/QT liability is always associated with a reduction in hERG current produced by either direct channel block or inhibition of trafficking. hERG and APD liabilities correlate better when APDs are measured in rabbit versus canine Purkinje fibres. hERG and APD/QT liabilities may be dissociated when hERG block is offset by block of calcium or sodium currents. hERG liability may be placed in context by calculating a safety margin (SM) from the IC50 for inhibition of hERG current measured by patch clamp divided by the effective therapeutic plasma concentration of the drug. The SM is uncertain because literature values for IC50 may vary by 50-fold and small differences in plasma protein binding have large effects. With quality control, the IC50 95% confidence limits vary less than twofold. Ideally, hERG liability should be determined during lead optimization. Patch damp has insufficient throughput for this purpose. A novel high-throughput screen has been developed to detect drugs that block hERG directly and/or inhibit hERG trafficking.

  17. The Simplicity Argument and Absolute Morality

    Science.gov (United States)

    Mijuskovic, Ben

    1975-01-01

    In this paper the author has maintained that there is a similarity of thought to be found in the writings of Cudworth, Emerson, and Husserl in his investigation of an absolute system of morality. (Author/RK)

  18. The Simplicity Argument and Absolute Morality

    Science.gov (United States)

    Mijuskovic, Ben

    1975-01-01

    In this paper the author has maintained that there is a similarity of thought to be found in the writings of Cudworth, Emerson, and Husserl in his investigation of an absolute system of morality. (Author/RK)

  19. Magnifying absolute instruments for optically homogeneous regions

    CERN Document Server

    Tyc, Tomas

    2011-01-01

    We propose a class of magnifying absolute optical instruments with a positive isotropic refractive index. They create magnified stigmatic images, either virtual or real, of optically homogeneous three-dimensional spatial regions within geometrical optics.

  20. The risks of absolute medical confidentiality.

    Science.gov (United States)

    Crook, M A

    2013-03-01

    Some ethicists argue that patient confidentiality is absolute and thus should never be broken. I examine these arguments that when critically scrutinised, become porous. I will explore the concept of patient confidentiality and argue that although, this is a very important medical and bioethical issue, this needs to be wisely delivered to reduce third party harm or even detriment to the patient. The argument for absolute confidentiality is particularly weak when it comes to genetic information and inherited disease.

  1. The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

    Directory of Open Access Journals (Sweden)

    Alexandru POPA

    2010-02-01

    Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

  2. Legal liability for failure to prevent pregnancy (wrongful pregnancy

    Directory of Open Access Journals (Sweden)

    Lodewicus Charl Coetzee

    2017-05-01

    Full Text Available Can the conception of a child ever constitute damage recoverable in law? This article considers the liability of healthcare practitioners for failing to prevent a pregnancy. Developments leading to the recognition of wrongful pregnancy as a cause of (legal action in South Africa (SA, are briefly outlined. The salient points of the relevant judgments by SA courts are set out to expose the rationale underlying the judgments and to highlight that recognition of liability for wrongful pregnancy resulted from an application of fair and equitable principles of general application. Conduct that could expose practitioners to liability is identified from reported cases and inferred from general principles laid down in case law.

  3. Optimizing the Banking Activity Using Assets & Liabilities Management

    Directory of Open Access Journals (Sweden)

    Vasile Dedu

    2008-10-01

    Full Text Available In the actual study, starting from the international experience, we revealed the role that should be taken by the Assets and Liabilities Committee (ALCO within the Romanian commercial banks. ALCO became one of the tools used by the executive management of the banks to take decisions regarding the future policy of assets and liabilities management, relying on the synthetic information prepared by well trained technicians but without voting right (usually middle management staff. We consider that the implementation of an assets and liabilities management strategy cannot be done without an appropriate corporate governance structure, even though the bank is having highly specialized staff. Models of some western banking institutions may be considered as benchmarks by the Romanian banks.

  4. Asset Liability Management of Conventional and Islamic Banks in Malaysia

    Directory of Open Access Journals (Sweden)

    Yee Loon Mun

    2016-12-01

    Full Text Available The objective of the paper is to investigate the effect of asset liability management on the financial performance of 6 conventional and 6 Islamic banks in Malaysia during the period of 2010 to 2013. The variables used in the study are capital adequacy, asset quality, management efficiency, earnings quality, liquidity, size of bank and degree of risk aversion in relation to asset liability management to examine the return on equity (ROE, which is the measure of profitability of the banks. The quantitative analysis using correlation and regression analysis concluded that there is a positive relationship between asset liability management and the financial performance of the banks.DOI: 10.15408/aiq.v9i1.3334 

  5. Boards of Directors' and Management's Liability in Law in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2011-01-01

    The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding...... in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...

  6. Malpractice liability and defensive medicine: a national survey of neurosurgeons.

    Directory of Open Access Journals (Sweden)

    Brian V Nahed

    Full Text Available BACKGROUND: Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. METHODS: A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. RESULTS: A total of 1028 surveys were completed (31% response rate by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%, laboratory tests (67%, referring patients to consultants (66%, or prescribing medications (40%. Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. CONCLUSIONS: Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

  7. Boards of Directors' and Management's Liability in Law in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2011-01-01

    in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...

  8. International law on nuclear liability - a critical approach

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J.Z. [Nicolas Copernicus Univ., Torun (Poland)

    1995-12-31

    The author discusses in detail the following topics: Compensation for domestic nuclear damage and for transfrontier nuclear damage - rule of formal equality of parties which belongs to the basic rule of civil law considering the position of domestic and foreign victims of a grave accident-juridical consequences of the preponderant role played by the state in the promotion, development and supervision of the nuclear industry-rationale for applying the concept of global limitation of liability in the law on nuclear liability and compensation - financial consequences of uncompensated nuclear damage, borne by the victims directly affected or spread over the whole community of the affected state? (HP)

  9. Liability for industrial disasters: law and democracy

    Energy Technology Data Exchange (ETDEWEB)

    Lalo, A. [Nice Univ., 06 (France)

    1998-07-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and

  10. On the Foundations of Natural Law of Liability Fixation upon Tort Liability and Default Liability%侵权责任与违约责任归责原则之自然法基础

    Institute of Scientific and Technical Information of China (English)

    张宏武

    2012-01-01

    归责原则是民事责任的核心理论,民事责任的类型包括侵权责任和违约责任,就这两种责任的归责原则,在我国民法学界长期争论不休,没有定论,各种学派各持己见。文章以自然法思想为理论基础,探究我国《侵权责任法》与《合同法》关于侵权责任和违约责任归责原则的选择依据,得出的结论是:对于侵权责任而言,其归责原则是以过错责任为原则,以无过错责任为例外;对于违约责任而言,其归责原则是以无过错责任为原则,以过错责任为例外。%Liability fixation is the core theory of civil liability containing tort liability and default liability, the liability fixation upon which gives rise to long-term polemic in the civil law circle of China. On the theoretical basis of natural law thought, this paper explores the reasons of liability fixation upon tort liability and default liability in Tort Liability Law and Contract Law. The findings are as follows: as to tort liability, the principle of liability fixation is fault liability and faultless fixation is exception while, in terms of default, it is the opposite.

  11. 17 CFR 232.402 - Liability for XBRL-Related Documents.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Liability for XBRL-Related... REGULATION S-T-GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS Xbrl-Related Documents § 232.402 Liability for XBRL-Related Documents. (a) Not deemed filed for liability purposes. XBRL-Related...

  12. Regulating regulators through liability The case for applying normal tort rules to supervisors

    NARCIS (Netherlands)

    Giesen, Ivo

    2006-01-01

    This article claims that liability of supervisors, given the arguments in favour and against liability, should be treated as a regular form of civil law liability (either in tort or contract). The rules regarding the existence and content of the duty of care are well equipped to deal with that topic

  13. A global algorithm for estimating Absolute Salinity

    Directory of Open Access Journals (Sweden)

    T. J. McDougall

    2012-12-01

    Full Text Available The International Thermodynamic Equation of Seawater – 2010 has defined the thermodynamic properties of seawater in terms of a new salinity variable, Absolute Salinity, which takes into account the spatial variation of the composition of seawater. Absolute Salinity more accurately reflects the effects of the dissolved material in seawater on the thermodynamic properties (particularly density than does Practical Salinity.

    When a seawater sample has standard composition (i.e. the ratios of the constituents of sea salt are the same as those of surface water of the North Atlantic, Practical Salinity can be used to accurately evaluate the thermodynamic properties of seawater. When seawater is not of standard composition, Practical Salinity alone is not sufficient and the Absolute Salinity Anomaly needs to be estimated; this anomaly is as large as 0.025 g kg−1 in the northernmost North Pacific. Here we provide an algorithm for estimating Absolute Salinity Anomaly for any location (x, y, p in the world ocean.

    To develop this algorithm, we used the Absolute Salinity Anomaly that is found by comparing the density calculated from Practical Salinity to the density measured in the laboratory. These estimates of Absolute Salinity Anomaly however are limited to the number of available observations (namely 811. In order to provide a practical method that can be used at any location in the world ocean, we take advantage of approximate relationships between Absolute Salinity Anomaly and silicate concentrations (which are available globally.

  14. Jasminum flexile flower absolute from India--a detailed comparison with three other jasmine absolutes.

    Science.gov (United States)

    Braun, Norbert A; Kohlenberg, Birgit; Sim, Sherina; Meier, Manfred; Hammerschmidt, Franz-Josef

    2009-09-01

    Jasminum flexile flower absolute from the south of India and the corresponding vacuum headspace (VHS) sample of the absolute were analyzed using GC and GC-MS. Three other commercially available Indian jasmine absolutes from the species: J. sambac, J. officinale subsp. grandiflorum, and J. auriculatum and the respective VHS samples were used for comparison purposes. One hundred and twenty-one compounds were characterized in J. flexile flower absolute, with methyl linolate, benzyl salicylate, benzyl benzoate, (2E,6E)-farnesol, and benzyl acetate as the main constituents. A detailed olfactory evaluation was also performed.

  15. Quantum theory allows for absolute maximal contextuality

    Science.gov (United States)

    Amaral, Barbara; Cunha, Marcelo Terra; Cabello, Adán

    2015-12-01

    Contextuality is a fundamental feature of quantum theory and a necessary resource for quantum computation and communication. It is therefore important to investigate how large contextuality can be in quantum theory. Linear contextuality witnesses can be expressed as a sum S of n probabilities, and the independence number α and the Tsirelson-like number ϑ of the corresponding exclusivity graph are, respectively, the maximum of S for noncontextual theories and for the theory under consideration. A theory allows for absolute maximal contextuality if it has scenarios in which ϑ /α approaches n . Here we show that quantum theory allows for absolute maximal contextuality despite what is suggested by the examination of the quantum violations of Bell and noncontextuality inequalities considered in the past. Our proof is not constructive and does not single out explicit scenarios. Nevertheless, we identify scenarios in which quantum theory allows for almost-absolute-maximal contextuality.

  16. Absolute photoacoustic thermometry in deep tissue.

    Science.gov (United States)

    Yao, Junjie; Ke, Haixin; Tai, Stephen; Zhou, Yong; Wang, Lihong V

    2013-12-15

    Photoacoustic thermography is a promising tool for temperature measurement in deep tissue. Here we propose an absolute temperature measurement method based on the dual temperature dependences of the Grüneisen parameter and the speed of sound in tissue. By taking ratiometric measurements at two adjacent temperatures, we can eliminate the factors that are temperature irrelevant but difficult to correct for in deep tissue. To validate our method, absolute temperatures of blood-filled tubes embedded ~9 mm deep in chicken tissue were measured in a biologically relevant range from 28°C to 46°C. The temperature measurement accuracy was ~0.6°C. The results suggest that our method can be potentially used for absolute temperature monitoring in deep tissue during thermotherapy.

  17. Reasonable Foreseeability and Liability in Relation to Genetically Modified Organisms

    Science.gov (United States)

    Khoury, Lara; Smyth, Stuart

    2007-01-01

    This article examines problems that may arise when addressing liability resulting from the genetic modification of microbes, animals, and plants. More specifically, it evaluates how uncertainties relating to the outcomes of these biotechnological innovations affect--or may affect--the courts' application of the reasonable foreseeability…

  18. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    2014-01-01

    The limited liability company is not only a widespread business form for non-listed firms but also is used by listed companies. There were 20 publicly traded Delaware LLCs in September 2013. Given the policy of the Delaware legislators and courts to give a maximum effect to the principle of freedom

  19. Translating guilt: Identifying leadership liability for mass atrocity crimes

    NARCIS (Netherlands)

    Steer, C.E.

    2014-01-01

    The truism that crimes of mass atrocity are by definition collective may be one of the greater banes of criminal law lawyers attempting to solve the problem of liability. Collective crimes are familiar to all domestic criminal law systems, however the context in which mass atrocity takes place is

  20. The Liability Rules under International GHG Emissions Trading

    NARCIS (Netherlands)

    Zhang, ZX

    2001-01-01

    Article 17 or the Kyoto Protocol authorizes emissions trading, but the rules governing emissions trading have been deferred to subsequent conferences. in designing and implementing an international greenhouse gas (GHG) emissions trading scheme, assigning liability rules has been considered to be one

  1. 48 CFR 1327.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent...

  2. Criminal Liability of Managers for Excessive Risk-Taking?

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

    The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its

  3. Traffic crash liability determination: Danger and Dodge model.

    Science.gov (United States)

    Xu, Sikui; Huang, Helai

    2016-10-01

    By proposing a systematic set of rules for traffic crash liability determination, this paper attempts to prove the feasibility and practicability of legal liability in handling traffic crashes. Two sequential elements are identified for crash occurrence, i.e., the occurrence of a dangerous situation and failure in dodging the dangerous situation. A Danger and Dodge model is subsequently established for liability determination in a traffic crash. By investigating the basic mechanism of a crash occurrence, the specific contents of causalties and the effect of the parties' acts in traffic crashes are specified. Based on the theories of social adequancy, the principle of reliance and the duty of care, the study further proposes to use the "peril" of a dangerous situation and the "possibility" of dodging the dangerous situation to appraise the effect of the parties' acts upon a crash occurrence, with the rule of the "pattern deciding effect". The proposed approach would be very helpful to the concreteness of the determination of liability in a traffic crash. Two case studies are presented for demonstration.

  4. 13 CFR 115.19 - Denial of liability.

    Science.gov (United States)

    2010-01-01

    ... under contract law, the Act, and the regulations in this part, SBA is relieved of liability if any of... guarantee application. (a) Excess Contract or bond amount. The total Contract or Order amount at the time of... exceeds the total Contract or Order amount. (b) Misrepresentation or fraud. The Surety obtained the...

  5. Translating guilt: Identifying leadership liability for mass atrocity crimes

    NARCIS (Netherlands)

    C.E. Steer

    2014-01-01

    The truism that crimes of mass atrocity are by definition collective may be one of the greater banes of criminal law lawyers attempting to solve the problem of liability. Collective crimes are familiar to all domestic criminal law systems, however the context in which mass atrocity takes place is di

  6. Civil Liability for Failure to Train to Standard.

    Science.gov (United States)

    Sample, John

    1989-01-01

    Reviews the legal concept of "failure to train to standard" from the context of law enforcement. Responsibility for training is discussed, case examples and examples of monetary judgments are given, and recommendations for preventing and limiting liability for failure to train to standard are presented. (16 references) (LRW)

  7. [The civil and criminal liability of the nurse].

    Science.gov (United States)

    Caumes, Grégory

    2012-01-01

    Liability, from a legal point of view, is a person's obligation to answer for their actions or inactions and the resulting consequences. This can lead, if there is fault and injury resulting from this fault, to the need for financial compensation or a prison sentence.

  8. Civil Liability for Failing to Report Child Abuse.

    Science.gov (United States)

    Lehto, Neil J.

    1977-01-01

    The article examines the Landeros decision (which ruled that a doctor who fails to report a child abuse victim can be held liable for subsequent injuries inflicted on the child) and discusses three theories of proving civil liability for the failure to report child abuse victims. Addressed are the following topics: the problem of child abuse and…

  9. 26 CFR 1.752-1 - Treatment of partnership liabilities.

    Science.gov (United States)

    2010-04-01

    ..., obligations under a short sale, and obligations under derivative financial instruments such as options, forward contracts, futures contracts, and swaps. (iii) Other liabilities. For obligations that are not § 1... other partner or person that is a related person to another partner would bear the economic risk of...

  10. K Calitz THE LIABILITY OF CHURCHES FOR THE HISTORICAL ...

    African Journals Online (AJOL)

    Setup

    employer can be held liable for the wrongful conduct of his employee which caused damage to a third party, even ... faultless liability is not founded on any legal rule but on policy considerations, of which the most ...... Internet sources. Barnard ...

  11. 40 CFR 80.23 - Liability for violations.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations. 80.23 Section 80.23 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries...

  12. Environmental pollution liability insurance in China: compulsory or voluntary?

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.L.; He, G.Z.; Koppen, van C.S.A.

    2014-01-01

    China started the trial application of Environmental Pollution Liability Insurance in 2008, as part of a wider development of using market actors and market mechanisms in mitigating environmental pollution. Around the world and in China two main patterns of local pollution insurance practices can be

  13. Criminal Liability of Managers for Excessive Risk-Taking?

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

    The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its danger

  14. 31 CFR 223.9 - Valuation of assets and liabilities.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SURETY COMPANIES DOING...

  15. Criminal Liability of Managers for Excessive Risk-Taking?

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

    The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its danger

  16. Ex-post Liability Rules in Modern Patent Law

    NARCIS (Netherlands)

    R.J.F.M. Castro Bernieri (Rosa)

    2010-01-01

    textabstractThis book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief for patents (ex

  17. Life Insurance Liabilities with Policyholder Behaviour and Stochastic Rates

    DEFF Research Database (Denmark)

    Buchardt, Kristian

    In any life and pension insurance company, it is a central task to calculate the value of the liabilities toward the policyholders. In the classic model for such valuations, a continuous time Markov chain in a finite state space describes the state of the insured, and the interest rate, mortality...

  18. Environmental pollution liability insurance in China: compulsory or voluntary?

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.L.; He, G.Z.; Koppen, van C.S.A.

    2014-01-01

    China started the trial application of Environmental Pollution Liability Insurance in 2008, as part of a wider development of using market actors and market mechanisms in mitigating environmental pollution. Around the world and in China two main patterns of local pollution insurance practices can be

  19. 26 CFR 31.3403-1 - Liability for tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for tax. 31.3403-1 Section 31.3403-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Collection...

  20. 26 CFR 31.3111-4 - Liability for employer tax.

    Science.gov (United States)

    2010-04-01

    ...) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954) Tax on Employers... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for employer tax. 31.3111-4...

  1. 26 CFR 1.357-1 - Assumption of liability.

    Science.gov (United States)

    2010-04-01

    ...) Tax avoidance purpose. The benefits of section 357(a) do not extend to any exchange involving an... exchange (and not merely a particular liability with respect to which the tax avoidance purpose existed... Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED...

  2. 5 CFR 837.304 - Agency liability for payments.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Agency liability for payments. 837.304... payments. (a) The agency will remit funds properly withheld from the pay of a reemployed annuitant in... balance due in the case of a partial deduction) to OPM in the manner prescribed for the transmission...

  3. 16 CFR 240.13 - Customer's and third party liability.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Customer's and third party liability. 240.13 Section 240.13 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.13 Customer's and third party...

  4. 26 CFR 1.461-2 - Contested liabilities.

    Science.gov (United States)

    2010-04-01

    ...) INCOME TAXES Taxable Year for Which Deductions Taken § 1.461-2 Contested liabilities. (a) General rule—(1... allowable under the Code. (2) Application of economic performance rules to transfers under section 461(f... plaintiffs in settlement of the litigation. Under paragraph (e)(2) of this section, economic performance...

  5. 18 CFR 367.2540 - Account 254, Other regulatory liabilities.

    Science.gov (United States)

    2010-04-01

    ... GAS ACT Balance Sheet Chart of Accounts Deferred Credits § 367.2540 Account 254, Other regulatory... regulatory liabilities. 367.2540 Section 367.2540 Conservation of Power and Water Resources FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY REGULATIONS UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF...

  6. Notification: EPA Progress in Reducing Taxpayer Environmental Liabilities

    Science.gov (United States)

    Project #OPE-FY15-0052, May 28, 2015. The EPA OIG plans to begin preliminary research on the EPA’s progress in reducing taxpayer liabilities through the use of financial assurance instruments for RCRA facilities and Superfund sites.

  7. First responder and physician liability during an emergency.

    Science.gov (United States)

    Eddy, Amanda

    2013-01-01

    First responders, especially emergency medical technicians and paramedics, along with physicians, will be expected to render care during a mass casualty event. It is highly likely that these medical first responders and physicians will be rendering care in suboptimal conditions due to the mass casualty event. Furthermore, these individuals are expected to shift their focus from individually based care to community- or population-based care when assisting disaster response. As a result, patients may feel they have not received adequate care and may seek to hold the medical first responder or physician liable, even if they did everything they could given the emergency circumstances. Therefore, it is important to protect medical first responders and physicians rendering care during a mass casualty event so that their efforts are not unnecessarily impeded by concerns about civil liability. In this article, the author looks at the standard of care for medical first responders and physicians and describes the current framework of laws limiting liability for these persons during an emergency. The author concludes that the standard of care and current laws fail to offer adequate liability protection for medical first responders and physicians, especially those in the private sector, and recommends that states adopt clear laws offering liability protection for all medical first responders and physicians who render assistance during a mass casualty event.

  8. European intermediary liability in copyright: A tort-based analysis

    NARCIS (Netherlands)

    Angelopoulos, C.J.

    2016-01-01

    With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the civil liability of internet intermediaries for the copyright infringements of others has become two-tiered: at a first stage, it is necessary to exami

  9. 7 CFR 3431.19 - Payment and tax liability.

    Science.gov (United States)

    2010-01-01

    ... Agriculture Regulations of the Department of Agriculture (Continued) COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE, DEPARTMENT OF AGRICULTURE VETERINARY MEDICINE LOAN REPAYMENT PROGRAM Administration of the Veterinary Medicine Loan Repayment Program § 3431.19 Payment and tax liability. (a) Loan...

  10. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    The limited liability company is not only a widespread business form for non-listed firms but also is used by listed companies. There were 20 publicly traded Delaware LLCs in September 2013. Given the policy of the Delaware legislators and courts to give a maximum effect to the principle of freedom

  11. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    2014-01-01

    The limited liability company is not only a widespread business form for non-listed firms but also is used by listed companies. There were 20 publicly traded Delaware LLCs in September 2013. Given the policy of the Delaware legislators and courts to give a maximum effect to the principle of freedom

  12. Absolute Asymmetric Synthesis Using A Cocrystal Approach

    Institute of Scientific and Technical Information of China (English)

    H.Koshima

    2007-01-01

    1 Results Absolute asymmetric synthesis by means of solid-state reaction of chiral crystals self-assembled from achiral molecules is an attractive and promising methodology for asymmetric synthesis because it is not necessary to employ any external chiral source like a chiral catalyst.In order to design reliably absolute asymmetric syntheses in the solid state,it is inevitable to prepare and predict the formation of chiral crystals from achiral compounds.We have prepared a number of chiral cocrystals co...

  13. Absolute-Magnitude Distributions of Supernovae

    CERN Document Server

    Richardson, Dean; Wright, John; Maddox, Larry

    2014-01-01

    The absolute-magnitude distributions of seven supernova types are presented. The data used here were primarily taken from the Asiago Supernova Catalogue, but were supplemented with additional data. We accounted for both foreground and host-galaxy extinction. A bootstrap method is used to correct the samples for Malmquist bias. Separately, we generate volume-limited samples, restricted to events within 100 Mpc. We find that the superluminous events (M_B -15) make up about 3%. The normal Ia distribution was the brightest with a mean absolute blue magnitude of -19.25. The IIP distribution was the dimmest at -16.75.

  14. Absolute Stability Limit for Relativistic Charged Spheres

    CERN Document Server

    Giuliani, Alessandro

    2007-01-01

    We find an exact solution for the stability limit of relativistic charged spheres for the case of constant gravitational mass density and constant charge density. We argue that this provides an absolute stability limit for any relativistic charged sphere in which the gravitational mass density decreases with radius and the charge density increases with radius. We then provide a cruder absolute stability limit that applies to any charged sphere with a spherically symmetric mass and charge distribution. We give numerical results for all cases. In addition, we discuss the example of a neutral sphere surrounded by a thin, charged shell.

  15. Personal protection: vicarious liability as applied to the various business structures.

    Science.gov (United States)

    Winrow, Brian; Winrow, Amanda R

    2008-01-01

    Within the field of midwifery, the issue of vicarious liability has become an emerging issue. The doctrine of respondeat superior imputes liability to an employer without direct negligence. While the issue of vicarious liability has been explored in the past, those studies were focused on the vicarious liability of certified nurse-midwives/certified midwives (CNMs/CMs) for the negligence of their employees. This article explores the issue of vicarious liability under the doctrine of respondeat superior as applied within a practice consisting of two or more co-owners. This issue is of heightened importance, because CNMs/CMs increasingly enter into ventures with other CNMs/CMs in order to pool their resources. Many CNMs/CMs unsuspectingly assume the risks for the malpractice of their colleagues. This increased risk can be minimized by forming their practice as a limited liability entity, thus avoiding personal liability for the malpractice of their co-owner(s).

  16. COMPARATIVE CHARACTERISTICS OF INSURANCE OF CIVIL LIABILITY OF MOTOR VEHICLES IN FOREIGN COUNTRIES

    Directory of Open Access Journals (Sweden)

    M. Malik

    2015-08-01

    Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Ukraine and abroad. There were major problems allocation and market law. Highlighting the main trends and vectors of insurance of civil liability of vehicles. Consider the possible prospects of development and the comparative characteristics of insurance of civil liability of owners of vehicles in Ukraine and abroad. The influence of state supervision in terms of law and supervision of insurance companies in the form of civil legal insurance. Described problems insurance of civil liability of today. Compulsory insurance of civil liability of owners of vehicles, which aims to protect the property interests of citizens and legal persons in case of adverse effects is important for society. In the study of the mandatory insurance of civil liability of attention paid to the compulsory insurance of civil liability of owners of vehicles.

  17. Stimulus Probability Effects in Absolute Identification

    Science.gov (United States)

    Kent, Christopher; Lamberts, Koen

    2016-01-01

    This study investigated the effect of stimulus presentation probability on accuracy and response times in an absolute identification task. Three schedules of presentation were used to investigate the interaction between presentation probability and stimulus position within the set. Data from individual participants indicated strong effects of…

  18. Time Function and Absolute Black Hole

    DEFF Research Database (Denmark)

    Javadi, Hossein; Forouzbakhsh, Farshid

    2006-01-01

    Einstein’s theory of gravity is not consistent with quantum mechanics, because general relativity cannot be quantized. [1] But without conversion of force and energy, it is impossible to find a grand unified theory. A very important result of CPH theory is time function that allows we give a new ...... description of absolute black hole and before the big bang....

  19. Teaching Absolute Value Inequalities to Mature Students

    Science.gov (United States)

    Sierpinska, Anna; Bobos, Georgeana; Pruncut, Andreea

    2011-01-01

    This paper gives an account of a teaching experiment on absolute value inequalities, whose aim was to identify characteristics of an approach that would realize the potential of the topic to develop theoretical thinking in students enrolled in prerequisite mathematics courses at a large, urban North American university. The potential is…

  20. Thin-film magnetoresistive absolute position detector

    NARCIS (Netherlands)

    Groenland, Johannes Petrus Jacobus

    1990-01-01

    The subject of this thesis is the investigation of a digital absolute posi- tion-detection system, which is based on a position-information carrier (i.e. a magnetic tape) with one single code track on the one hand, and an array of magnetoresistive sensors for the detection of the informatio

  1. Det demokratiske argument for absolut ytringsfrihed

    DEFF Research Database (Denmark)

    Lægaard, Sune

    2014-01-01

    Artiklen diskuterer den påstand, at absolut ytringsfrihed er en nødvendig forudsætning for demokratisk legitimitet med udgangspunkt i en rekonstruktion af et argument fremsat af Ronald Dworkin. Spørgsmålet er, hvorfor ytringsfrihed skulle være en forudsætning for demokratisk legitimitet, og hvorf...

  2. Magnetoresistive sensor for absolute position detection

    NARCIS (Netherlands)

    Groenland, J.P.J.

    1984-01-01

    A digital measurement principle for absolute position is decscribed. The position data is recorded serially into a single track of a hard-magnetic layer with the help of longitudinal saturation recording. Detection is possible by means of an array of sensor elements which can be made of a substrate.

  3. Generalized Norms Inequalities for Absolute Value Operators

    Directory of Open Access Journals (Sweden)

    Ilyas Ali

    2014-02-01

    Full Text Available In this article, we generalize some norms inequalities for sums, differences, and products of absolute value operators. Our results based on Minkowski type inequalities and generalized forms of the Cauchy-Schwarz inequality. Some other related inequalities are also discussed.

  4. New Techniques for Absolute Gravity Measurements.

    Science.gov (United States)

    1983-01-07

    Hammond, J.A. (1978) Bollettino Di Geofisica Teorica ed Applicata Vol. XX. 8. Hammond, J. A., and Iliff, R. L. (1979) The AFGL absolute gravity system...International Gravimetric Bureau, No. L:I-43. 7. Hammond. J.A. (1978) Bollettino Di Geofisica Teorica ed Applicata Vol. XX. 8. Hammond, J.A., and

  5. Det demokratiske argument for absolut ytringsfrihed

    DEFF Research Database (Denmark)

    Lægaard, Sune

    2014-01-01

    Artiklen diskuterer den påstand, at absolut ytringsfrihed er en nødvendig forudsætning for demokratisk legitimitet med udgangspunkt i en rekonstruktion af et argument fremsat af Ronald Dworkin. Spørgsmålet er, hvorfor ytringsfrihed skulle være en forudsætning for demokratisk legitimitet, og hvorfor...

  6. Stimulus Probability Effects in Absolute Identification

    Science.gov (United States)

    Kent, Christopher; Lamberts, Koen

    2016-01-01

    This study investigated the effect of stimulus presentation probability on accuracy and response times in an absolute identification task. Three schedules of presentation were used to investigate the interaction between presentation probability and stimulus position within the set. Data from individual participants indicated strong effects of…

  7. Absolute Radiation Thermometry in the NIR

    Science.gov (United States)

    Bünger, L.; Taubert, R. D.; Gutschwager, B.; Anhalt, K.; Briaudeau, S.; Sadli, M.

    2017-04-01

    A near infrared (NIR) radiation thermometer (RT) for temperature measurements in the range from 773 K up to 1235 K was characterized and calibrated in terms of the "Mise en Pratique for the definition of the Kelvin" (MeP-K) by measuring its absolute spectral radiance responsivity. Using Planck's law of thermal radiation allows the direct measurement of the thermodynamic temperature independently of any ITS-90 fixed-point. To determine the absolute spectral radiance responsivity of the radiation thermometer in the NIR spectral region, an existing PTB monochromator-based calibration setup was upgraded with a supercontinuum laser system (0.45 μm to 2.4 μm) resulting in a significantly improved signal-to-noise ratio. The RT was characterized with respect to its nonlinearity, size-of-source effect, distance effect, and the consistency of its individual temperature measuring ranges. To further improve the calibration setup, a new tool for the aperture alignment and distance measurement was developed. Furthermore, the diffraction correction as well as the impedance correction of the current-to-voltage converter is considered. The calibration scheme and the corresponding uncertainty budget of the absolute spectral responsivity are presented. A relative standard uncertainty of 0.1 % (k=1) for the absolute spectral radiance responsivity was achieved. The absolute radiometric calibration was validated at four temperature values with respect to the ITS-90 via a variable temperature heatpipe blackbody (773 K ...1235 K) and at a gold fixed-point blackbody radiator (1337.33 K).

  8. CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

    Directory of Open Access Journals (Sweden)

    Gârbo Viorica Irina

    2013-07-01

    Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

  9. Quantitative genetic analysis of injury liability in infants and toddlers

    Energy Technology Data Exchange (ETDEWEB)

    Phillips, K.; Matheny, A.P. Jr. [Univ. of Louisville Medical School, KY (United States)

    1995-02-27

    A threshold model of latent liability was applied to infant and toddler twin data on total count of injuries sustained during the interval from birth to 36 months of age. A quantitative genetic analysis of estimated twin correlations in injury liability indicated strong genetic dominance effects, but no additive genetic variance was detected. Because interpretations involving overdominance have little research support, the results may be due to low order epistasis or other interaction effects. Boys had more injuries than girls, but this effect was found only for groups whose parents were prompted and questioned in detail about their children`s injuries. Activity and impulsivity are two behavioral predictors of childhood injury, and the results are discussed in relation to animal research on infant and adult activity levels, and impulsivity in adult humans. Genetic epidemiological approaches to childhood injury should aid in targeting higher risk children for preventive intervention. 30 refs., 4 figs., 3 tabs.

  10. Physician liability and non-invasive prenatal testing.

    Science.gov (United States)

    Toews, Maeghan; Caulfield, Timothy

    2014-10-01

    Although non-invasive prenatal testing (NIPT) marks a notable development in the field of prenatal genetic testing, there are some physician liability considerations raised by this technology. As NIPT is still emerging as the standard of care and is just starting to receive provincial funding, the question arises of whether physicians are obligated to disclose the availability of NIPT to eligible patients as part of the physician-patient discussion about prenatal screening and diagnosis. If NIPT is discussed with patients, it is important to disclose the limitations of this technology with respect to its accuracy and the number of disorders that it can detect when compared with invasive diagnostic options. A failure to sufficiently disclose these limitations could leave patients with false assurances about the health of their fetuses and could raise informed consent and liability issues, particularly if a child is born with a disability as a result.

  11. Accidental death and the rule of joint and several liability

    Science.gov (United States)

    Carvell, Daniel; Currie, Janet; MacLeod, W. Bentley

    2013-01-01

    Most U.S. states have enacted JSL reform, the move from a regime of joint and several liability (JSL) that allows plaintiffs to claim full recovery from any one of multiple defendants to one where defendants are held liable only for the harm they cause. Contrary to previous theoretical work, we show that JSL reform can increase precaution by judgment proof agent by giving “deep pockets” an incentive to reduce their own liability by bringing judgment-proof agents into court. This result can help explain our empirical findings showing that JSL reform reduces death rates (and hence increase precaution) for many types of accidents. Together, these results highlight the role that litigation costs and judgment-proof agents play in the functioning of the American tort system. PMID:25076808

  12. From Hubble's NGSL to Absolute Fluxes

    Science.gov (United States)

    Heap, Sara R.; Lindler, Don

    2012-01-01

    Hubble's Next Generation Spectral Library (NGSL) consists of R-l000 spectra of 374 stars of assorted temperature, gravity, and metallicity. Each spectrum covers the wavelength range, 0.18-1.00 microns. The library can be viewed and/or downloaded from the website, http://archive.stsci.edu/prepds/stisngsll. Stars in the NGSL are now being used as absolute flux standards at ground-based observatories. However, the uncertainty in the absolute flux is about 2%, which does not meet the requirements of dark-energy surveys. We are therefore developing an observing procedure that should yield fluxes with uncertainties less than 1 % and will take part in an HST proposal to observe up to 15 stars using this new procedure.

  13. Absolute and relative dosimetry for ELIMED

    Science.gov (United States)

    Cirrone, G. A. P.; Cuttone, G.; Candiano, G.; Carpinelli, M.; Leonora, E.; Lo Presti, D.; Musumarra, A.; Pisciotta, P.; Raffaele, L.; Randazzo, N.; Romano, F.; Schillaci, F.; Scuderi, V.; Tramontana, A.; Cirio, R.; Marchetto, F.; Sacchi, R.; Giordanengo, S.; Monaco, V.

    2013-07-01

    The definition of detectors, methods and procedures for the absolute and relative dosimetry of laser-driven proton beams is a crucial step toward the clinical use of this new kind of beams. Hence, one of the ELIMED task, will be the definition of procedures aiming to obtain an absolute dose measure at the end of the transport beamline with an accuracy as close as possible to the one required for clinical applications (i.e. of the order of 5% or less). Relative dosimetry procedures must be established, as well: they are necessary in order to determine and verify the beam dose distributions and to monitor the beam fluence and the energetic spectra during irradiations. Radiochromic films, CR39, Faraday Cup, Secondary Emission Monitor (SEM) and transmission ionization chamber will be considered, designed and studied in order to perform a fully dosimetric characterization of the ELIMED proton beam.

  14. Learning in a unidimensional absolute identification task.

    Science.gov (United States)

    Rouder, Jeffrey N; Morey, Richard D; Cowan, Nelson; Pfaltz, Monique

    2004-10-01

    We tested whether there is long-term learning in the absolute identification of line lengths. Line lengths are unidimensional stimuli, and there is a common belief that learning of these stimuli quickly reaches a low-level asymptote of about seven items and progresses no more. We show that this is not the case. Our participants served in a 1.5-h session each day for over a week. Although they did not achieve perfect performance, they continued to improve day by day throughout the week and eventually learned to distinguish between 12 and 20 line lengths. These results are in contrast to common characterizations of learning in absolute identification tasks with unidimensional stimuli. We suggest that this learning reflects improvement in short-term processing.

  15. Absolute calibration of TFTR helium proportional counters

    Energy Technology Data Exchange (ETDEWEB)

    Strachan, J.D.; Diesso, M.; Jassby, D.; Johnson, L.; McCauley, S.; Munsat, T.; Roquemore, A.L. [Princeton Univ., NJ (United States). Plasma Physics Lab.; Barnes, C.W. [Princeton Univ., NJ (United States). Plasma Physics Lab.]|[Los Alamos National Lab., NM (United States); Loughlin, M. [Princeton Univ., NJ (United States). Plasma Physics Lab.]|[JET Joint Undertaking, Abingdon (United Kingdom)

    1995-06-01

    The TFTR helium proportional counters are located in the central five (5) channels of the TFTR multichannel neutron collimator. These detectors were absolutely calibrated using a 14 MeV neutron generator positioned at the horizontal midplane of the TFTR vacuum vessel. The neutron generator position was scanned in centimeter steps to determine the collimator aperture width to 14 MeV neutrons and the absolute sensitivity of each channel. Neutron profiles were measured for TFTR plasmas with time resolution between 5 msec and 50 msec depending upon count rates. The He detectors were used to measure the burnup of 1 MeV tritons in deuterium plasmas, the transport of tritium in trace tritium experiments, and the residual tritium levels in plasmas following 50:50 DT experiments.

  16. Asteroid absolute magnitudes and slope parameters

    Science.gov (United States)

    Tedesco, Edward F.

    1991-01-01

    A new listing of absolute magnitudes (H) and slope parameters (G) has been created and published in the Minor Planet Circulars; this same listing will appear in the 1992 Ephemerides of Minor Planets. Unlike previous listings, the values of the current list were derived from fits of data at the V band. All observations were reduced in the same fashion using, where appropriate, a single basis default value of 0.15 for the slope parameter. Distances and phase angles were computed for each observation. The data for 113 asteroids was of sufficiently high quality to permit derivation of their H and G. These improved absolute magnitudes and slope parameters will be used to deduce the most reliable bias-corrected asteroid size-frequency distribution yet made.

  17. Absolute zero and the conquest of cold

    CERN Document Server

    Shachtman, Tom

    2000-01-01

    In a sweeping yet marvelously concise history, Tom Shachtman ushers us into a world in which scientists tease apart the all-important secrets of cold. Readers take an extraordinary trip, starting in the 1600s with an alchemist's air conditioning of Westminster Abbey and scientists' creation of thermometers. Later, while entrepreneurs sold Walden Pond ice to tropical countries -- packed in "high-tech" sawdust -- researchers pursued absolute zero and interpreted their work as romantically as did adventurers to remote regions. Today, playing with ultracold temperatures is one of the hottest frontiers in physics, with scientists creating useful particles Einstein only dreamed of. Tom Shachtman shares a great scientific adventure story and its characters' rich lives in a book that has won a grant from the prestigious Alfred P. Sloan Foundation. Absolute Zero is for everyone who loves history and science history stories, who's eager to explore Nobel Prize-winning physics today, or who has ever sighed with pleasure ...

  18. An absolute measure for a key currency

    Science.gov (United States)

    Oya, Shunsuke; Aihara, Kazuyuki; Hirata, Yoshito

    It is generally considered that the US dollar and the euro are the key currencies in the world and in Europe, respectively. However, there is no absolute general measure for a key currency. Here, we investigate the 24-hour periodicity of foreign exchange markets using a recurrence plot, and define an absolute measure for a key currency based on the strength of the periodicity. Moreover, we analyze the time evolution of this measure. The results show that the credibility of the US dollar has not decreased significantly since the Lehman shock, when the Lehman Brothers bankrupted and influenced the economic markets, and has increased even relatively better than that of the euro and that of the Japanese yen.

  19. Absolute and relative dosimetry for ELIMED

    Energy Technology Data Exchange (ETDEWEB)

    Cirrone, G. A. P.; Schillaci, F.; Scuderi, V. [INFN, Laboratori Nazionali del Sud, Via Santa Sofia 62, Catania, Italy and Institute of Physics Czech Academy of Science, ELI-Beamlines project, Na Slovance 2, Prague (Czech Republic); Cuttone, G.; Candiano, G.; Musumarra, A.; Pisciotta, P.; Romano, F. [INFN, Laboratori Nazionali del Sud, Via Santa Sofia 62, Catania (Italy); Carpinelli, M. [INFN Sezione di Cagliari, c/o Dipartimento di Fisica, Università di Cagliari, Cagliari (Italy); Leonora, E.; Randazzo, N. [INFN-Sezione di Catania, Via Santa Sofia 64, Catania (Italy); Presti, D. Lo [INFN-Sezione di Catania, Via Santa Sofia 64, Catania, Italy and Università di Catania, Dipartimento di Fisica e Astronomia, Via S. Sofia 64, Catania (Italy); Raffaele, L. [INFN, Laboratori Nazionali del Sud, Via Santa Sofia 62, Catania, Italy and INFN-Sezione di Catania, Via Santa Sofia 64, Catania (Italy); Tramontana, A. [INFN, Laboratori Nazionali del Sud, Via Santa Sofia 62, Catania, Italy and Università di Catania, Dipartimento di Fisica e Astronomia, Via S. Sofia 64, Catania (Italy); Cirio, R.; Sacchi, R.; Monaco, V. [INFN, Sezione di Torino, Via P.Giuria, 1 10125 Torino, Italy and Università di Torino, Dipartimento di Fisica, Via P.Giuria, 1 10125 Torino (Italy); Marchetto, F.; Giordanengo, S. [INFN, Sezione di Torino, Via P.Giuria, 1 10125 Torino (Italy)

    2013-07-26

    The definition of detectors, methods and procedures for the absolute and relative dosimetry of laser-driven proton beams is a crucial step toward the clinical use of this new kind of beams. Hence, one of the ELIMED task, will be the definition of procedures aiming to obtain an absolute dose measure at the end of the transport beamline with an accuracy as close as possible to the one required for clinical applications (i.e. of the order of 5% or less). Relative dosimetry procedures must be established, as well: they are necessary in order to determine and verify the beam dose distributions and to monitor the beam fluence and the energetic spectra during irradiations. Radiochromic films, CR39, Faraday Cup, Secondary Emission Monitor (SEM) and transmission ionization chamber will be considered, designed and studied in order to perform a fully dosimetric characterization of the ELIMED proton beam.

  20. The absolute differential calculus (calculus of tensors)

    CERN Document Server

    Levi-Civita, Tullio

    2013-01-01

    Written by a towering figure of twentieth-century mathematics, this classic examines the mathematical background necessary for a grasp of relativity theory. Tullio Levi-Civita provides a thorough treatment of the introductory theories that form the basis for discussions of fundamental quadratic forms and absolute differential calculus, and he further explores physical applications.Part one opens with considerations of functional determinants and matrices, advancing to systems of total differential equations, linear partial differential equations, algebraic foundations, and a geometrical intro

  1. Absolute vs. Relative Notion of Wealth Changes

    OpenAIRE

    2009-01-01

    This paper discusses solutions derived from lottery experiments using two alternative assumptions: that people perceive wealth changes as absolute amounts of money; and that people consider wealth changes as a proportion of some reference value dependant on the context of the problem under consideration. The former assumption leads to the design of Prospect Theory, the latter - to a solution closely resembling the utility function hypothesized by Markowitz (1952B). This paper presents several...

  2. Endorsement liability: putting your good name at risk.

    Science.gov (United States)

    Aicher, R H

    2001-07-01

    Endorsements designed to sell products are most effective when the endorser is a celebrity or an expert. If such endorsements contain misrepresentations, the endorser risks personal liability. For products related to health and safety, endorsements are subject to evaluation by reliable independent sources. In a number of high-profile cases, the Federal Trade Commission determined that endorsers must have a reasonable basis for their representations. (Aesthetic Surg J 2001;21:373-374.).

  3. Securing insurance protection against fraud and abuse liability.

    Science.gov (United States)

    Callison, S

    1999-07-01

    Healthcare organizations concerned about corporate compliance need to review securing appropriate insurance coverage as part of their corporate compliance program. Provider organizations often mistakenly expect that their directors and officers liability (D&O), malpractice, or standard errors and omissions (E&O) insurance policies will cover the cost of Medicare fraud and abuse fines. The insurance industry has developed a specific billing E&O insurance product to cover providers that run afoul of government fraud and abuse statutes.

  4. Abuse Liability and Reinforcing Efficacy of Oral Tramadol in Humans

    Science.gov (United States)

    Babalonis, Shanna; Lofwall, Michelle R.; Nuzzo, Paul A.; Siegel, Anthony J.; Walsh, Sharon L.

    2012-01-01

    BACKGROUND Tramadol, a monoaminergic reuptake inhibitor, is hepatically metabolized to an opioid agonist (M1). This atypical analgesic is generally considered to have limited abuse liability. Recent reports of its abuse have increased in the U.S., leading to more stringent regulation in some states, but not nationally. The purpose of this study was to examine the relative abuse liability and reinforcing efficacy of tramadol in comparison to a high (oxycodone) and low efficacy (codeine) opioid agonist. METHODS Nine healthy, non-dependent prescription opioid abusers (6 male, 3 female) participated in this within-subject, randomized, double blind, placebo-controlled study. Participants completed 14 paired sessions (7 sample, 7 self-administration). During each sample session, an oral dose of tramadol (200, 400 mg), oxycodone (20, 40 mg), codeine (100, 200 mg) or placebo was administered, and a full array of abuse liability measures was collected. During self-administration sessions, volunteers were given the opportunity to work (via progressive ratio) for the sample dose or money. RESULTS All active doses were self-administered; placebo engendered no responding. The high doses of tramadol and oxycodone were readily self-administered (70%, 59% of available drug, respectively); lower doses and both codeine doses maintained intermediate levels of drug taking. All three drugs dose-dependently increased measures indicative of abuse liability, relative to placebo; however, the magnitude and time course of these and other pharmacodynamic effects varied qualitatively across drugs. CONCLUSIONS This study demonstrates that, like other mu opioids, higher doses of tramadol function as reinforcers in opioid abusers, providing new empirical data for regulatory evaluation. PMID:23098678

  5. The hidden carbon liability of Indonesian palm oil

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-05-15

    This report highlights the urgent need for global palm oil consumers and investors to support Unilever's call for an immediate moratorium on deforestation and peatland clearance in Indonesia. This report focuses on Unilever, which shares major institutional investors with other leading corporations including Nestle, Procter and Gamble and Kraft. Not only do these corporations share investors, they also share growing carbon liability within their raw material supply chains through the expansion in the palm oil sector in Indonesia. Unilever has recognised the global problems associated with palm oil expansion and the need for drastic reform to this sector. Unilever has taken a bold move in calling for an immediate moratorium on deforestation and peatland clearance. While Unilever's position is strengthened by its status as the largest palm oil consumer in the world, this report shows how, unless companies like Nestle, Procter and Gamble and Kraft support its call for a halt to deforestation, the palm oil industry will continue to present a massive carbon liability over the coming years. This report uses Unilever's palm oil supply chains as a case study to help quantify the carbon liability and collateral risks associated with the Indonesian palm oil sector. It shows how, by buying palm oil from suppliers who account for more than one-third of Indonesia's palm oil production, Unilever and its competitors are increasing their potential carbon liability and thus leaving investors exposed to potentially significant levels of hidden risk, compromising long-term financial and brand stability.

  6. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    OpenAIRE

    Elena Emilia STEFAN

    2013-01-01

    The recent amendments in the applicable law on the disciplinary liability of the magistrates have induced many debates regarding the increase of holders that own the right to initiate the disciplinary action against a magistrate and also regarding the area of disciplinary offenses. The conferring of the status of holder of the disciplinary action to the Minister of Justice, the President of the High Court of Cassation and Justice and to the General Attorney of the Prosecutor's Office of the H...

  7. Comparative abuse liability of GHB and ethanol in humans.

    Science.gov (United States)

    Johnson, Matthew W; Griffiths, Roland R

    2013-04-01

    Gamma-hydroxybutyric acid (GHB; sodium oxybate) is approved for narcolepsy symptom treatment, and it is also abused. This study compared the participant-rated, observer-rated effects, motor/cognitive, physiological, and reinforcing effects of GHB and ethanol in participants with histories of sedative (including alcohol) abuse. Fourteen participants lived on a residential unit for ∼1 month. Sessions were conducted Monday through Friday. Measures were taken before and repeatedly up to 24 hours after drug administration. Participants were administered GHB (1, 2, 4, 6, 8, and 10 g/70 kg), ethanol (12, 24, 48, 72, 96, and 120 g/70 kg), or placebo in a double-blind, within-subjects design. For safety, GHB and ethanol were administered in an ascending dose sequence, with placebos and both drugs intermixed across sessions. The sequence for each drug was stopped if significant impairment or intolerable effects occurred. Only 9 and 10 participants received the full dose range for GHB and ethanol, respectively. The highest doses of GHB and ethanol showed onset within 30 minutes, with peak effects at 60 minutes. GHB effects dissipated between 4 and 6 hours, whereas ethanol effects dissipated between 6 and 8 hours. Dose-related effects were observed for both drugs on a variety of measures assessing sedative drug effects, abuse liability, performance impairment, and physiological effects. Within-session measures of abuse liability were similar between the two drugs. However, postsession measures of abuse liability, including a direct preference test between the highest tolerated doses of each drug, suggested somewhat greater abuse liability for GHB, most likely as a result of the delayed aversive ethanol effects (e.g., headache).

  8. Silencing the noise : asbestos liabilities, accounting and strategic bankruptcy.

    OpenAIRE

    Moerman, L.; S. van der Laan

    2015-01-01

    The legacy of the global exploitation of asbestos provides an illustrative case to examine corporate strategy in response to the significant financial risk presented by the long-tail liability. The James Hardie group was the dominant asbestos manufacturing concern in Australia and, confronted with the uncertainties of burgeoning long-tail tort claims, embarked on a radical corporate reorganization. At the centre of the reorganization was the creation of a business unit of limited potential to...

  9. Administrative liability of a farmer acting as food business operator

    OpenAIRE

    WOJCIECHOWSKI, PAWEŁ

    2016-01-01

    The objective of this article is to demonstrate the scope of administrative liability of farmers as food business operators in the light of European Union law and Polish law. Two concepts that are of essential importance in agricultural law as well as food law are discussed. These two are in a cross-relationship. Farmers who within their agricultural activity produce food for commercial purposes or produce agricultural raw materials which after processing may become food are food business ope...

  10. Measurement of absolute gravity acceleration in Firenze

    Science.gov (United States)

    de Angelis, M.; Greco, F.; Pistorio, A.; Poli, N.; Prevedelli, M.; Saccorotti, G.; Sorrentino, F.; Tino, G. M.

    2011-01-01

    This paper reports the results from the accurate measurement of the acceleration of gravity g taken at two separate premises in the Polo Scientifico of the University of Firenze (Italy). In these laboratories, two separate experiments aiming at measuring the Newtonian constant and testing the Newtonian law at short distances are in progress. Both experiments require an independent knowledge on the local value of g. The only available datum, pertaining to the italian zero-order gravity network, was taken more than 20 years ago at a distance of more than 60 km from the study site. Gravity measurements were conducted using an FG5 absolute gravimeter, and accompanied by seismic recordings for evaluating the noise condition at the site. The absolute accelerations of gravity at the two laboratories are (980 492 160.6 ± 4.0) μGal and (980 492 048.3 ± 3.0) μGal for the European Laboratory for Non-Linear Spectroscopy (LENS) and Dipartimento di Fisica e Astronomia, respectively. Other than for the two referenced experiments, the data here presented will serve as a benchmark for any future study requiring an accurate knowledge of the absolute value of the acceleration of gravity in the study region.

  11. Measurement of absolute gravity acceleration in Firenze

    Directory of Open Access Journals (Sweden)

    M. de Angelis

    2011-01-01

    Full Text Available This paper reports the results from the accurate measurement of the acceleration of gravity g taken at two separate premises in the Polo Scientifico of the University of Firenze (Italy. In these laboratories, two separate experiments aiming at measuring the Newtonian constant and testing the Newtonian law at short distances are in progress. Both experiments require an independent knowledge on the local value of g. The only available datum, pertaining to the italian zero-order gravity network, was taken more than 20 years ago at a distance of more than 60 km from the study site. Gravity measurements were conducted using an FG5 absolute gravimeter, and accompanied by seismic recordings for evaluating the noise condition at the site. The absolute accelerations of gravity at the two laboratories are (980 492 160.6 ± 4.0 μGal and (980 492 048.3 ± 3.0 μGal for the European Laboratory for Non-Linear Spectroscopy (LENS and Dipartimento di Fisica e Astronomia, respectively. Other than for the two referenced experiments, the data here presented will serve as a benchmark for any future study requiring an accurate knowledge of the absolute value of the acceleration of gravity in the study region.

  12. [Civil, criminal and ethical liability of medical doctors].

    Science.gov (United States)

    Udelsmann, Artur

    2002-01-01

    In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.

  13. Making decisions about liability and insurance a special issue of the journal of risk and uncertainty

    CERN Document Server

    Kunreuther, Howard

    1993-01-01

    Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, no...

  14. Liability of Legal Person in Indonesia: A Statutory and Practical Review

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi

    2013-01-01

    Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

  15. RE-ENGINEERING BUSINESS-PROCESS OF MANAGING DEBIT LIABILITIES OF RESOURCE-SUPPLYING COMPANIES

    OpenAIRE

    Salov, A.; Maslov, V.

    2014-01-01

    Analysis of business-process of managing debit liabilities of resource-supplying companies has been carried out. We have outlined special features of working with debit liabilities of private customers during the process of organizing marketing activity. Criterions of classifying debtors according to characteristics of the existing debt from the point of relation between volume, liquidity of debit liability and the consumed resources have been formulated. We have studied the basic content of ...

  16. Combining ANP and TOPSIS Concepts for Evaluation the Performance of Property-Liability Insurance Companies

    Directory of Open Access Journals (Sweden)

    Hui-Yin Tsai

    2008-01-01

    Full Text Available This is a significant problem for the property-liability insurance industry. The study first uses Modified Delphi Method to sift influence property-liability insurance effects out norms. Moreover, the evaluation weights are determined using Analytic Network Process (ANP. Finally, the technique for ordering preference by similarity to the ideal solution (TOPSIS constructs performance evaluation model of property-liability insurance companies in Taiwan. This research use financial statements of property-liability insurance industry calculated efficiency placing and through the positive research. Findings may do for the government the important reference of the insure policy.

  17. Liabilities in Contract Law of China: Their Mechanism and Points in Dispute

    Institute of Scientific and Technical Information of China (English)

    HAN Shiyuan

    2006-01-01

    China is drafting its first Civil Code now,and the Chinese laws have seen an expansion of contractual obligations and a new structure of contractual liabilities.This paper expounds this trend through the perspective of contract liabilities.It mainly analyses the anticipatory breach,the enforced performance,damages,payments stipulated by the contract,the statutory rights to termination,the unification of guarantee liabilities for defects and liabilities for breach of contract,and makes the conclusion that China Contract Law CCL will be put into the future Chinese Civil Code,with some necessary technical changes and amendments.

  18. 18 CFR 367.2420 - Account 242, Miscellaneous current and accrued liabilities.

    Science.gov (United States)

    2010-04-01

    ..., FEDERAL POWER ACT AND NATURAL GAS ACT Balance Sheet Chart of Accounts Current and Accrued Liabilities... Resources FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY REGULATIONS UNDER THE PUBLIC...

  19. Achieving Climate Change Absolute Accuracy in Orbit

    Science.gov (United States)

    Wielicki, Bruce A.; Young, D. F.; Mlynczak, M. G.; Thome, K. J; Leroy, S.; Corliss, J.; Anderson, J. G.; Ao, C. O.; Bantges, R.; Best, F.; Bowman, K.; Brindley, H.; Butler, J. J.; Collins, W.; Dykema, J. A.; Doelling, D. R.; Feldman, D. R.; Fox, N.; Huang, X.; Holz, R.; Huang, Y.; Jennings, D.; Jin, Z.; Johnson, D. G.; Jucks, K.; Kato, S.; Kratz, D. P.; Liu, X.; Lukashin, C.; Mannucci, A. J.; Phojanamongkolkij, N.; Roithmayr, C. M.; Sandford, S.; Taylor, P. C.; Xiong, X.

    2013-01-01

    The Climate Absolute Radiance and Refractivity Observatory (CLARREO) mission will provide a calibration laboratory in orbit for the purpose of accurately measuring and attributing climate change. CLARREO measurements establish new climate change benchmarks with high absolute radiometric accuracy and high statistical confidence across a wide range of essential climate variables. CLARREO's inherently high absolute accuracy will be verified and traceable on orbit to Système Internationale (SI) units. The benchmarks established by CLARREO will be critical for assessing changes in the Earth system and climate model predictive capabilities for decades into the future as society works to meet the challenge of optimizing strategies for mitigating and adapting to climate change. The CLARREO benchmarks are derived from measurements of the Earth's thermal infrared spectrum (5-50 micron), the spectrum of solar radiation reflected by the Earth and its atmosphere (320-2300 nm), and radio occultation refractivity from which accurate temperature profiles are derived. The mission has the ability to provide new spectral fingerprints of climate change, as well as to provide the first orbiting radiometer with accuracy sufficient to serve as the reference transfer standard for other space sensors, in essence serving as a "NIST [National Institute of Standards and Technology] in orbit." CLARREO will greatly improve the accuracy and relevance of a wide range of space-borne instruments for decadal climate change. Finally, CLARREO has developed new metrics and methods for determining the accuracy requirements of climate observations for a wide range of climate variables and uncertainty sources. These methods should be useful for improving our understanding of observing requirements for most climate change observations.

  20. Absolute calibration of the Auger fluorescence detectors

    Energy Technology Data Exchange (ETDEWEB)

    Bauleo, P.; Brack, J.; Garrard, L.; Harton, J.; Knapik, R.; Meyhandan, R.; Rovero, A.C.; /Buenos Aires, IAFE; Tamashiro, A.; Warner, D.

    2005-07-01

    Absolute calibration of the Pierre Auger Observatory fluorescence detectors uses a light source at the telescope aperture. The technique accounts for the combined effects of all detector components in a single measurement. The calibrated 2.5 m diameter light source fills the aperture, providing uniform illumination to each pixel. The known flux from the light source and the response of the acquisition system give the required calibration for each pixel. In the lab, light source uniformity is studied using CCD images and the intensity is measured relative to NIST-calibrated photodiodes. Overall uncertainties are presently 12%, and are dominated by systematics.

  1. Absolute quantification of myocardial blood flow.

    Science.gov (United States)

    Yoshinaga, Keiichiro; Manabe, Osamu; Tamaki, Nagara

    2016-07-21

    With the increasing availability of positron emission tomography (PET) myocardial perfusion imaging, the absolute quantification of myocardial blood flow (MBF) has become popular in clinical settings. Quantitative MBF provides an important additional diagnostic or prognostic information over conventional visual assessment. The success of MBF quantification using PET/computed tomography (CT) has increased the demand for this quantitative diagnostic approach to be more accessible. In this regard, MBF quantification approaches have been developed using several other diagnostic imaging modalities including single-photon emission computed tomography, CT, and cardiac magnetic resonance. This review will address the clinical aspects of PET MBF quantification and the new approaches to MBF quantification.

  2. ABSOLUT LOMO绝对创意

    Institute of Scientific and Technical Information of China (English)

    婷婷(整理)

    2007-01-01

    ABSOLUT与创意素来有着不解之缘。由Andy Warhal的ABSOLUT WARHOL至今,已有超过400位不同领域的创意大师为ABSOLUT的当代艺术宝库贡献了自己的得意之作。ABSOLUT的创意仿佛永远不会枯竭,而一系列的作品也让惊喜从未落空。

  3. Absolute Priority for a Vehicle in VANET

    Science.gov (United States)

    Shirani, Rostam; Hendessi, Faramarz; Montazeri, Mohammad Ali; Sheikh Zefreh, Mohammad

    In today's world, traffic jams waste hundreds of hours of our life. This causes many researchers try to resolve the problem with the idea of Intelligent Transportation System. For some applications like a travelling ambulance, it is important to reduce delay even for a second. In this paper, we propose a completely infrastructure-less approach for finding shortest path and controlling traffic light to provide absolute priority for an emergency vehicle. We use the idea of vehicular ad-hoc networking to reduce the imposed travelling time. Then, we simulate our proposed protocol and compare it with a centrally controlled traffic light system.

  4. Musical Activity Tunes Up Absolute Pitch Ability

    DEFF Research Database (Denmark)

    Dohn, Anders; Garza-Villarreal, Eduardo A.; Ribe, Lars Riisgaard

    2014-01-01

    Absolute pitch (AP) is the ability to identify or produce pitches of musical tones without an external reference. Active AP (i.e., pitch production or pitch adjustment) and passive AP (i.e., pitch identification) are considered to not necessarily coincide, although no study has properly compared...... that APs generally undershoot when adjusting musical pitch, a tendency that decreases when musical activity increases. Finally, APs are less accurate when adjusting the pitch to black key targets than to white key targets. Hence, AP ability may be partly practice-dependent and we speculate that APs may...

  5. Development of an absolute neutron dosimeter

    Energy Technology Data Exchange (ETDEWEB)

    Acevedo, C; Birstein, L; Loyola, H [Section de Desarrollos Innovativos, Comision Chilena de EnergIa Nuclear (CCHEN), Casilla 188-D, Santiago (Chile)], E-mail: lbirstei@cchen.cl

    2008-11-01

    An Absolute Neutron Dosimeter was developed to be used as a calibration standard for the Radiation Metrology Laboratory at CCHEN. The main component of the Dosimeter consists of a Proportional Counter of cylindrical shape, with Polyethylene walls and Ethylene gas in its interior. It includes a cage shaped arrangement of graphite bars that operates like the Proportional Counter cathode and a tungsten wire of 25 {mu}m in diameter {mu}m as the anode. Results of a Montecarlo modeling for the Dosimeter operation and results of tests and measurements performed with a radioactive source are presented.

  6. Musical Activity Tunes Up Absolute Pitch Ability

    DEFF Research Database (Denmark)

    Dohn, Anders; Garza-Villarreal, Eduardo A.; Ribe, Lars Riisgaard

    2014-01-01

    Absolute pitch (AP) is the ability to identify or produce pitches of musical tones without an external reference. Active AP (i.e., pitch production or pitch adjustment) and passive AP (i.e., pitch identification) are considered to not necessarily coincide, although no study has properly compared...... that APs generally undershoot when adjusting musical pitch, a tendency that decreases when musical activity increases. Finally, APs are less accurate when adjusting the pitch to black key targets than to white key targets. Hence, AP ability may be partly practice-dependent and we speculate that APs may...

  7. ABSOLUTE STABILITY OF GENERAL LURIE TYPE INDIRECT CONTROL SYSTEMS

    Institute of Scientific and Technical Information of China (English)

    甘作新; 葛渭高; 赵素霞; 仵永先

    2001-01-01

    In this paper, by introducing a new concept of absolute stability for a certain argument, necessary and sufficient conditions for absolute stability of general Lurie indirect control systems are obtained, and some practical sufficient conditions are also given.

  8. Absolute Orientation Based on Distance Kernel Functions

    Directory of Open Access Journals (Sweden)

    Yanbiao Sun

    2016-03-01

    Full Text Available The classical absolute orientation method is capable of transforming tie points (TPs from a local coordinate system to a global (geodetic coordinate system. The method is based only on a unique set of similarity transformation parameters estimated by minimizing the total difference between all ground control points (GCPs and the fitted points. Nevertheless, it often yields a transformation with poor accuracy, especially in large-scale study cases. To address this problem, this study proposes a novel absolute orientation method based on distance kernel functions, in which various sets of similarity transformation parameters instead of only one set are calculated. When estimating the similarity transformation parameters for TPs using the iterative solution of a non-linear least squares problem, we assigned larger weighting matrices for the GCPs for which the distances from the point are short. The weighting matrices can be evaluated using the distance kernel function as a function of the distances between the GCPs and the TPs. Furthermore, we used the exponential function and the Gaussian function to describe distance kernel functions in this study. To validate and verify the proposed method, six synthetic and two real datasets were tested. The accuracy was significantly improved by the proposed method when compared to the classical method, although a higher computational complexity is experienced.

  9. Absolute stereochemistry of altersolanol A and alterporriols.

    Science.gov (United States)

    Kanamaru, Saki; Honma, Miho; Murakami, Takanori; Tsushima, Taro; Kudo, Shinji; Tanaka, Kazuaki; Nihei, Ken-Ichi; Nehira, Tatsuo; Hashimoto, Masaru

    2012-02-01

    The absolute stereochemistry of altersolanol A (1) was established by observing a positive exciton couplet in the circular dichroism (CD) spectrum of the C3,C4-O-bis(2-naphthoyl) derivative 10 and by chemical correlations with known compound 8. Before the discussion, the relative stereochemistry of 1 was confirmed by X-ray crystallographic analysis. The shielding effect at C7'-OMe group by C1-O-benzoylation established the relative stereochemical relationship between the C8-C8' axial bonding and the C1-C4/C1'-C4' polyol moieties of alterporriols E (3), an atropisomer of the C8-C8' dimer of 1. As 3 could be obtained by dimerization of 1 in vitro, the absolute configuration of its central chirality elements (C1-C4) must be identical to those of 1. Spectral comparison between the experimental and theoretical CD spectra supported the above conclusion. Axial stereochemistry of novel C4-O-deoxy dimeric derivatives, alterporriols F (4) and G (5), were also revealed by comparison of their CD spectra to those of 2 and 3.

  10. Absolute Electron Extraction Efficiency of Liquid Xenon

    Science.gov (United States)

    Kamdin, Katayun; Mizrachi, Eli; Morad, James; Sorensen, Peter

    2016-03-01

    Dual phase liquid/gas xenon time projection chambers (TPCs) currently set the world's most sensitive limits on weakly interacting massive particles (WIMPs), a favored dark matter candidate. These detectors rely on extracting electrons from liquid xenon into gaseous xenon, where they produce proportional scintillation. The proportional scintillation from the extracted electrons serves to internally amplify the WIMP signal; even a single extracted electron is detectable. Credible dark matter searches can proceed with electron extraction efficiency (EEE) lower than 100%. However, electrons systematically left at the liquid/gas boundary are a concern. Possible effects include spontaneous single or multi-electron proportional scintillation signals in the gas, or charging of the liquid/gas interface or detector materials. Understanding EEE is consequently a serious concern for this class of rare event search detectors. Previous EEE measurements have mostly been relative, not absolute, assuming efficiency plateaus at 100%. I will present an absolute EEE measurement with a small liquid/gas xenon TPC test bed located at Lawrence Berkeley National Laboratory.

  11. A Conceptual Approach to Absolute Value Equations and Inequalities

    Science.gov (United States)

    Ellis, Mark W.; Bryson, Janet L.

    2011-01-01

    The absolute value learning objective in high school mathematics requires students to solve far more complex absolute value equations and inequalities. When absolute value problems become more complex, students often do not have sufficient conceptual understanding to make any sense of what is happening mathematically. The authors suggest that the…

  12. Invariant and Absolute Invariant Means of Double Sequences

    Directory of Open Access Journals (Sweden)

    Abdullah Alotaibi

    2012-01-01

    Full Text Available We examine some properties of the invariant mean, define the concepts of strong σ-convergence and absolute σ-convergence for double sequences, and determine the associated sublinear functionals. We also define the absolute invariant mean through which the space of absolutely σ-convergent double sequences is characterized.

  13. Clinical safety and professional liability claims in Ophthalmology.

    Science.gov (United States)

    Dolz-Güerri, F; Gómez-Durán, E L; Martínez-Palmer, A; Castilla Céspedes, M; Arimany-Manso, J

    2017-06-29

    Patient safety is an international public health priority. Ophthalmology scientific societies and organisations have intensified their efforts in this field. As a tool to learn from errors, these efforts have been linked to the management of medical professional liability insurance through the analysis of claims. A review is performed on the improvements in patient safety, as well as professional liability issues in Ophthalmology. There is a high frequency of claims and risk of economic reparation of damage in the event of a claim in Ophthalmology. Special complaints, such as wrong surgery or lack of information, have a high risk of financial compensation and need strong efforts to prevent these potentially avoidable events. Studies focused on pathologies or specific procedures provide information of special interest to sub-specialists. The specialist in Ophthalmology, like any other doctor, is subject to the current legal provisions and appropriate mandatory training in the medical-legal aspects of health care is essential. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2017 Sociedad Española de Oftalmología. Publicado por Elsevier España, S.L.U. All rights reserved.

  14. Association Between Substance Use Disorder and Polygenic Liability to Schizophrenia.

    Science.gov (United States)

    Hartz, Sarah M; Horton, Amy C; Oehlert, Mary; Carey, Caitlin E; Agrawal, Arpana; Bogdan, Ryan; Chen, Li-Shiun; Hancock, Dana B; Johnson, Eric O; Pato, Carlos N; Pato, Michele T; Rice, John P; Bierut, Laura J

    2017-06-06

    There are high levels of comorbidity between schizophrenia and substance use disorder, but little is known about the genetic etiology of this comorbidity. We tested the hypothesis that shared genetic liability contributes to the high rates of comorbidity between schizophrenia and substance use disorder. To do this, polygenic risk scores for schizophrenia derived from a large meta-analysis by the Psychiatric Genomics Consortium were computed in three substance use disorder datasets: the Collaborative Genetic Study of Nicotine Dependence (ascertained for tobacco use disorder; n = 918 cases; 988 control subjects), the Collaborative Study on the Genetics of Alcoholism (ascertained for alcohol use disorder; n = 643 cases; 384 control subjects), and the Family Study of Cocaine Dependence (ascertained for cocaine use disorder; n = 210 cases; 317 control subjects). Phenotypes were harmonized across the three datasets and standardized analyses were performed. Genome-wide genotypes were imputed to the 1000 Genomes reference panel. In each individual dataset and in the mega-analysis, strong associations were observed between any substance use disorder diagnosis and the polygenic risk score for schizophrenia (mega-analysis pseudo-R(2) range 0.8-3.7%; minimum p = 4 × 10(-23)). These results suggest that comorbidity between schizophrenia and substance use disorder is partially attributable to shared polygenic liability. This shared liability is most consistent with a general risk for substance use disorder rather than specific risks for individual substance use disorders and adds to increasing evidence of a blurred boundary between schizophrenia and substance use disorder. Copyright © 2017 Society of Biological Psychiatry. Published by Elsevier Inc. All rights reserved.

  15. Securitization product design for China's environmental pollution liability insurance.

    Science.gov (United States)

    Pu, Chengyi; Addai, Bismark; Pan, Xiaojun; Bo, Pangtuo

    2017-02-01

    The environmental catastrophic accidents in China over the last three decades have triggered implementation of myriad policies by the government to help abate environmental pollution in the country. Consequently, research into environmental pollution liability insurance and how that can stimulate economic growth and the development of financial market in China is worthwhile. This study attempts to design a financial derivative for China's environmental pollution liability insurance to offer strong financial support for significant compensation towards potential catastrophic environmental loss exposures, especially losses from the chemical industry. Assuming the risk-free interest rate is 4%, the market portfolio expected return is 12%; the financial asset beta coefficient is 0.5, by using the capital asset pricing model (CAPM) and cash flow analysis; the principal risk bond yields 9.4%, single-period and two-period prices are 103.85 and 111.58, respectively; the principal partial-risk bond yields 10.09%, single-period and two-period prices are 103.85 and 111.58, respectively; and the principal risk-free bond yields 8.94%, single-period and two-period prices are 107.99 and 115.83, respectively. This loss exposure transfer framework transfers the catastrophic risks of environmental pollution from the traditional insurance and reinsurance markets to the capital market. This strengthens the underwriting capacity of environmental pollution liability insurance companies, mitigates the compensation risks of insurers and reinsurers, and provides a new channel to transfer the risks of environmental pollution.

  16. Forensic evaluation of medical liability cases in general surgery.

    Science.gov (United States)

    Moreira, H; Magalhães, T; Dinis-Oliveira, Rj; Taveira-Gomes, A

    2014-10-01

    Although medical liability (disciplinary, civil and criminal) is increasingly becoming an issue, few studies exist, particularly from the perspective of forensic science, which demonstrate the extent to which medical malpractice occurs, or when it does, the reasons for it. Our aims were to evaluate the current situation concerning medical liability in general surgery (GS) in Portugal, the reasons for claims, and the forensic evaluations and conclusions, as well as the association between these issues and the judicial outcomes. We analysed the Medico-Legal Council (CML) reports of the National Institute of Legal Medicine and Forensic Sciences of Portugal related to GS during 2001-2010. The judicial outcomes of each case were requested from the Public Prosecutor Office (PPO) and the court. Alleged cases of medical liability in GS represented 11.2% of the total cases analysed by the CML. We estimated that in Portugal, 4:100,000 surgeries are subject to litigation. The majority of complaints were due to the patient's death (75.4%), with laparoscopic cholecystectomy surgeries representing 55.2% of cases. In 76.1% of the cases, the CML believed that there was no violation of legesartis and in 55.2% of cases, no causal nexus was found between the medical practice and the alleged harm. The PPO prosecuted physicians in 6.4% of the cases and resulted in one conviction. Finally, the importance of the CML reports as a relevant technical-scientific tool for judicial decision was evident because these reports significantly (p < 0.05) influenced the prosecutor's decision, whether to prosecute or not.

  17. [Biodiversity and civil liability: the role of assessment].

    Science.gov (United States)

    Boutonnet, Mathilde

    2014-03-01

    The purpose of this paper is to make the link between expertise and biodiversity through the civil liability Law. Indeed, since Erika Case (Cour de Cassation, Crim. 25 septembre 2012), this Law recognised the ecological damage. This one is defined as an damage caused to Nature and especially Biodiversity. Thus, the expertise has to play a major role. In this paper, two roles are studied: first all all, the expertise allows to assess the damage of Biodiversity itself, to define and to prove it. Secondly, the expertise is an instrument which is very important for prescribing the measures of compensation, in kind or pecuniary compensation.

  18. Internet in the workplace: censorship, liability, and freedom of speech.

    Science.gov (United States)

    Sherwill-Navarro, P

    1998-01-01

    Most hospital medical libraries are supported by private, corporate funds and thus fall under the corporation's policies in regard to discrimination, harassment, and sexual harassment. With the free flow of information available on the Internet and through e-mail, it is mandatory to create a corporate policy for appropriate use and review of materials. Access to "questionable" or inappropriate Internet sites is not a freedom of speech issue in a private corporation; it is a potential liability for the corporation, the library, and the librarian. It is also a misuse of company resources.

  19. PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Vitaly Stepashin

    2017-01-01

    Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough

  20. A path integral approach to asset-liability management

    Science.gov (United States)

    Decamps, Marc; De Schepper, Ann; Goovaerts, Marc

    2006-05-01

    Functional integrals constitute a powerful tool in the investigation of financial models. In the recent econophysics literature, this technique was successfully used for the pricing of a number of derivative securities. In the present contribution, we introduce this approach to the field of asset-liability management. We work with a representation of cash flows by means of a two-dimensional delta-function perturbation, in the case of a Brownian model and a geometric Brownian model. We derive closed-form solutions for a finite horizon ALM policy. The results are numerically and graphically illustrated.

  1. Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

    Energy Technology Data Exchange (ETDEWEB)

    Faure, M. [ed.] [Rijksuniversiteit Limburg, Maastricht (Netherlands); Govaerts, P.; Malbrain, C.; Veuchelen, L. [Centre d`Etude de l`Energie Nucleaire, Mol (Belgium); Spriet, B. [Katholieke Univ. Leuven (Belgium). Inst. voor Strafrecht; Heldeweg, M.; Hertogs, M.; Van Maanen, G.; De Roos, T.; Seerden, R. [Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek METRO, Rijksuniversiteit Limburg, Maastricht (Netherlands)

    1993-12-31

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs.

  2. Use of Absolute and Comparative Performance Feedback in Absolute and Comparative Judgments and Decisions

    Science.gov (United States)

    Moore, Don A.; Klein, William M. P.

    2008-01-01

    Which matters more--beliefs about absolute ability or ability relative to others? This study set out to compare the effects of such beliefs on satisfaction with performance, self-evaluations, and bets on future performance. In Experiment 1, undergraduate participants were told they had answered 20% correct, 80% correct, or were not given their…

  3. Use of Absolute and Comparative Performance Feedback in Absolute and Comparative Judgments and Decisions

    Science.gov (United States)

    Moore, Don A.; Klein, William M. P.

    2008-01-01

    Which matters more--beliefs about absolute ability or ability relative to others? This study set out to compare the effects of such beliefs on satisfaction with performance, self-evaluations, and bets on future performance. In Experiment 1, undergraduate participants were told they had answered 20% correct, 80% correct, or were not given their…

  4. Trends in the International Regime of Liability and Compensation for Oil Pollution Damage

    Institute of Scientific and Technical Information of China (English)

    张秋荣

    2001-01-01

    Since the entry into force of the International Convention on liability and compensation for oil spill damage, there have been many discussions on the improvement of this regime. Based on the existing tworegimes, the writer tried to analysis the advantages of the new regimes and foresee the trends of the international regime of liability and compensation for oil pollution damage.

  5. 26 CFR 20.2206-1 - Liability of life insurance beneficiaries.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the...

  6. ECHR rules on liability of ISPs as a restriction of freedom of speech

    NARCIS (Netherlands)

    Husovec, Martin

    2014-01-01

    The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

  7. School District Liability for Federal Civil Rights Violations under Section 1983.

    Science.gov (United States)

    Sorenson, Gail Paulus

    1993-01-01

    Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

  8. SOME FEATURES OF THE RELATIONSHIP OF CIVIL LIABILITY OF PUBLIC ENTITIES

    OpenAIRE

    2014-01-01

    The article deals with the civil liability of public entities as a kind of civil legal relationships. We have analyzed the features of this relationship in comparison with a common understanding of civil liability legal relationship, which is not complicated with public-law entity

  9. Liability for Sexual Harassment Involving Students under Federal Civil Rights Law.

    Science.gov (United States)

    Beckham, Joseph

    1995-01-01

    Discusses school district liability for sexual harassment under two provisions of federal law that are typically invoked as alternative bases for liability for sexual harassment: Title IX of the Education Amendments of 1972 and Section 1983 of the Civil Rights Act of 1964. (78 footnotes) (MLF)

  10. 42 CFR 418.400 - Individual liability for coinsurance for hospice care.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Individual liability for coinsurance for hospice... HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM HOSPICE CARE Coinsurance § 418.400 Individual liability for coinsurance for hospice care. An individual who has filed an election for hospice care...

  11. 48 CFR 252.247-7016 - Contractor liability for loss or damage.

    Science.gov (United States)

    2010-10-01

    ... Services, or delivered under Schedule II, Inbound Services— (1) If notified within one year after delivery..., the liability is for the full cost of satisfactory repair or for the current replacement value of the...) The Contractor's liability shall be for the full cost of satisfactory repair, or for the...

  12. 26 CFR 1.456-4 - Cessation of liability or existence.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 6 2010-04-01 2010-04-01 false Cessation of liability or existence. 1.456-4... of liability or existence. (a) If a taxpayer has elected to apply the provisions of section 456 to a... gross income for the taxable year in which such cessation of existence occurs. This paragraph shall...

  13. 26 CFR 1.752-3 - Partner's share of nonrecourse liabilities.

    Science.gov (United States)

    2010-04-01

    ... are equal partners in a partnership (PRS). A contributes $70 of cash in exchange for a 50-percent interest in PRS. B contributes two items of property, X and Y, in exchange for a 50-percent interest in PRS... contributions, PRS refinances the two separate liabilities with a single $120 nonrecourse liability. All of...

  14. 17 CFR 232.103 - Liability for transmission errors or omissions in documents filed via EDGAR.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Liability for transmission errors or omissions in documents filed via EDGAR. 232.103 Section 232.103 Commodity and Securities... documents filed via EDGAR. An electronic filer shall not be subject to the liability and...

  15. 24 CFR 213.277 - Right and liability under the Cooperative Management Housing Insurance Fund.

    Science.gov (United States)

    2010-04-01

    ... Rights and Obligations-Projects Cooperative Management Housing Insurance and Distributive Shares § 213.277 Right and liability under the Cooperative Management Housing Insurance Fund. No mortgagor or... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Right and liability under...

  16. 13 CFR 120.524 - When is SBA released from liability on its guarantee?

    Science.gov (United States)

    2010-01-01

    ... liability on its guarantee? 120.524 Section 120.524 Business Credit and Assistance SMALL BUSINESS... Purchase of A Guaranteed Portion § 120.524 When is SBA released from liability on its guarantee? (a) SBA is... from its guarantee only if the Lender fails to request that SBA purchase the guarantee within 180...

  17. How Issues of Professional Liability Are Taught in U.S. Medical Schools.

    Science.gov (United States)

    Hamilton, Thomas E.

    1991-01-01

    A survey of 120 medical schools found 61 percent have curricula on professional liability. Many indicated students' training has been compromised or jeopardized by physicians' concerns about medicolegal issues, and many had students named in malpractice suits. Findings suggest issues of professional liability have significantly affected…

  18. 26 CFR 1.357-2 - Liabilities in excess of basis.

    Science.gov (United States)

    2010-04-01

    ... exchange as to which under section 357(b) (relating to assumption of liabilities for tax-avoidance purposes... 1.357-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Effects on Shareholders and Security Holders § 1.357-2 Liabilities in excess of...

  19. 26 CFR 521.115 - Credit against United States tax liability for Danish tax.

    Science.gov (United States)

    2010-04-01

    ... liability for Danish tax. For the purpose of avoidance of double taxation, Article XV provides that, on the... 26 Internal Revenue 19 2010-04-01 2010-04-01 false Credit against United States tax liability for Danish tax. 521.115 Section 521.115 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY...

  20. ECHR rules on liability of ISPs as a restriction of freedom of speech

    NARCIS (Netherlands)

    Husovec, Martin

    2014-01-01

    The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

  1. The Limits of Responsibility: Liability for Damage in the Deep Seabed?

    NARCIS (Netherlands)

    Plakokefalos, I.

    2013-01-01

    This contribution seeks to discuss the limits of state responsibility as they are witnessed in the topic of international liability. The first part addresses the intersection between responsibility and liability using as a reference point the work of the International Law Commission. The second part

  2. 17 CFR 1.2 - Liability of principal for act of agent.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Liability of principal for act of agent. 1.2 Section 1.2 Commodity and Securities Exchanges COMMODITY FUTURES TRADING COMMISSION GENERAL REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Definitions § 1.2 Liability of principal for act of...

  3. 26 CFR 1.752-2 - Partner's share of recourse liabilities.

    Science.gov (United States)

    2010-04-01

    ... a partnership nonrecourse liability of $2,245,789 ($1,754,211 + $491,578). Example 8. Contingent... 26 Internal Revenue 8 2010-04-01 2010-04-01 false Partner's share of recourse liabilities. 1.752-2... TAX (CONTINUED) INCOME TAXES Provisions Common to Part II, Subchapter K, Chapter 1 of the Code §...

  4. Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe

    NARCIS (Netherlands)

    B. van der Sloot

    2015-01-01

    In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a numbe

  5. How is an absolute democracy possible?

    Directory of Open Access Journals (Sweden)

    Joanna Bednarek

    2011-01-01

    Full Text Available In the last part of the Empire trilogy, Commonwealth, Negri and Hardt ask about the possibility of the self-governance of the multitude. When answering, they argue that absolute democracy, understood as the political articulation of the multitude that does not entail its unification (construction of the people is possible. As Negri states, this way of thinking about political articulation is rooted in the tradition of democratic materialism and constitutes the alternative to the dominant current of modern political philosophy that identifies political power with sovereignty. The multitude organizes itself politically by means of the constitutive power, identical with the ontological creativity or productivity of the multitude. To state the problem of political organization means to state the problem of class composition: political democracy is at the same time economic democracy.

  6. Absolute geostrophic currents in global tropical oceans

    Science.gov (United States)

    Yang, Lina; Yuan, Dongliang

    2016-11-01

    A set of absolute geostrophic current (AGC) data for the period January 2004 to December 2012 are calculated using the P-vector method based on monthly gridded Argo profiles in the world tropical oceans. The AGCs agree well with altimeter geostrophic currents, Ocean Surface Current Analysis-Real time currents, and moored current-meter measurements at 10-m depth, based on which the classical Sverdrup circulation theory is evaluated. Calculations have shown that errors of wind stress calculation, AGC transport, and depth ranges of vertical integration cannot explain non-Sverdrup transport, which is mainly in the subtropical western ocean basins and equatorial currents near the Equator in each ocean basin (except the North Indian Ocean, where the circulation is dominated by monsoons). The identified non-Sverdrup transport is thereby robust and attributed to the joint effect of baroclinicity and relief of the bottom (JEBAR) and mesoscale eddy nonlinearity.

  7. Variance computations for functional of absolute risk estimates.

    Science.gov (United States)

    Pfeiffer, R M; Petracci, E

    2011-07-01

    We present a simple influence function based approach to compute the variances of estimates of absolute risk and functions of absolute risk. We apply this approach to criteria that assess the impact of changes in the risk factor distribution on absolute risk for an individual and at the population level. As an illustration we use an absolute risk prediction model for breast cancer that includes modifiable risk factors in addition to standard breast cancer risk factors. Influence function based variance estimates for absolute risk and the criteria are compared to bootstrap variance estimates.

  8. WHY DOES LEIBNIZ NEED ABSOLUTE TIME?

    Directory of Open Access Journals (Sweden)

    NICOLÁS VAUGHAN C.

    2007-08-01

    Full Text Available Resumen: En este ensayo pongo en contraposición dos doctrinas conspicuamenteleibnicianas: la doctrina del tiempo relacional e ideal, y la doctrina de la armonía preestablecida. Argumentaré que si todas las substancias están necesariamentecoordinadas, entonces no tiene sentido negar el carácter absoluto y real del tiempo. En la primera sección describiré la concepción newtoniana y clarkeana del tiempo absoluto; en la segunda discutiré la crítica leibniciana a dicha concepción, crítica sobre la que se erige su doctrina relacional e ideal del tiempo; en la tercera sección daré un vistazo a la metafísica monádica madura de Leibniz, haciendo especial énfasis en la doctrina de la armonía preestablecida; finalmente, en la última sección sugeriré la existencia de una tensión irreconciliable entre estas dos doctrinas.Abstract: In this paper I bring together two characteristically Leibnizean doctrines:the doctrine of relational and ideal time, and the doctrine of preestablished harmony. I will argue that, if every substance is necessarily connected with another, then it makes no sense to deny absolute and real time. In the first section, I will describe Newton’s and Clarke’s conception of absolute time; then, in the second section, I will consider Leibniz’s critique of that conception, on which he bases his ideal and relational doctrine of time. In the third section I will look briefly at Leibniz’s mature monadic metaphysics, taking special account of his doctrine of preestablished harmony. In the last section, I will suggest that there is an irreconcilable tension between these two doctrines.

  9. Time Consistent Strategies for Mean-Variance Asset-Liability Management Problems

    Directory of Open Access Journals (Sweden)

    Hui-qiang Ma

    2013-01-01

    Full Text Available This paper studies the optimal time consistent investment strategies in multiperiod asset-liability management problems under mean-variance criterion. By applying time consistent model of Chen et al. (2013 and employing dynamic programming technique, we derive two-time consistent policies for asset-liability management problems in a market with and without a riskless asset, respectively. We show that the presence of liability does affect the optimal strategy. More specifically, liability leads a parallel shift of optimal time-consistent investment policy. Moreover, for an arbitrarily risk averse investor (under the variance criterion with liability, the time-diversification effects could be ignored in a market with a riskless asset; however, it should be considered in a market without any riskless asset.

  10. Practical Liability Issues of Information Technology Education: Internship and Consulting Engagements

    Directory of Open Access Journals (Sweden)

    Daniel A. Peak

    1998-01-01

    Full Text Available This article examines university liability created by internship and consulting relationships. Business clients participating in outreach relationships formulate performance expectations based on perceptions of experience and / or qualifications. Clients assign tasks accordingly, and the university incurs liability that is conditioned by business clients’ expectations. Substantial liability is related to unusually large and rare unfavorable outcomes in the outreach engagement, known as tail events. Tail events can significantly and negatively impact the client. Both the liability for and the probability of tail events increase as universities continue to expand business outreach activities. As internship and consulting engagements increase, the probability of a tail event also increases. The responsibilities of IT intern engagements and potential liability of the sponsoring university are analyzed. The university is the primary insurer for the client and indemnifies its representatives. All internship engagements should be formalized by written contract. An example contract is attached.

  11. Civil liability: characterization of the demand for lawsuits against dentists.

    Science.gov (United States)

    Zanin, Alice Aquino; Herrera, Lara Maria; Melani, Rodolfo Francisco Haltenhoff

    2016-08-18

    In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court's website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.

  12. DAMAGE – CONSTITUTIVE ELEMENT OF TORT LIABILITY IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    ANDRADA TRUSCA

    2011-04-01

    Full Text Available In order to discuss about tort liability, several conditions need to exist: the illicit act, damage, causal link between the illicit act and damage, and last but not least, illicit offender fault. Thus, the damage is a sine qua non condition of tort liability, the illicit act being necessary but insufficient for its employment. Damage was defined as the harmful result, with a patrimonial or a non patrimonial nature, a result of violations of subjective rights and legitimate interests of an individual. It is known that the patrimonial damage does not present special discussions, but in terms of non patrimonial damage is required to be made a few observations. In the expression of environmental damage caused by pollution, it is used phrases like "environmental damage" or "environmental prejudice" including both the damages suffered by the natural environment through pollution as well as those incurred by the person or property, other than those in natural environment. In this paper we propose to analyze the environmental damage with special attention on the non patrimonial damage, both theoretically, but also in terms of jurisprudence.

  13. Comparative analysis of international environmental liability arising from maritime accident

    Energy Technology Data Exchange (ETDEWEB)

    Pereira, Luciana Vianna; Victorio, Glaucia Lima [Trench, Rossi e Watanabe Advogados, Rio de Janeiro, RJ (Brazil)

    2012-07-01

    The oil industry is dynamic and global, being performed worldwide and by investors from several countries. In this sense, it is essential for investors to be informed of the legal frameworks in target countries and the differences between the legislation in those countries and their own legal systems. In this article, we will analyze the main differences on the environmental liability in Brazil, which is, currently, one of the most attractive markets in the oil and gas industry, the United States of America (US), the largest consumer of oil and the third producer around the world; and the European Union (EU) which concentrates the second largest global consumer, besides being the main player in the international and diplomatic relationships. Thus, the present paper, without the intent to exhaust the subject matter, aims at presenting comparisons between the legal environment of the three main players in the international oil and gas scenario, specifying not only the legal aspects of each of them, but also outlining the economic impacts generated over business investors from the oil industry, determining that although the differences in the basis of legal framework, all players have presented the liability and the duty to compensate. (author)

  14. The Company Director’s Liability for Untrue Statements

    Directory of Open Access Journals (Sweden)

    Tolstov Leonid

    2014-06-01

    Full Text Available In the modern information society the success or failure of a person participating in activities related to legal issues depends increasingly more on the relevance and correctness of available information and this is why higher demands are put on giving out information. In the context of company law it is evident that although the company is always liable for the information issued, in reality it is not the legal person giving out information, but its legal representative (the director instead. Therefore, it would be reasonable to ask whether the director could simply hide behind the company; or, should the director also be held personally liable for disclosing untrue statements? The aim of this article is, on the basis of English, German, Spanish and Estonian law, to analyze if and in which cases a director can be held personally liable for disclosing false information to a third party in the name of a company and what the optimal standard of a directors’ liability for disclosing false information could be. The liability of the company itself is not the current article’s object of the research.

  15. Climate Change Liability – Variations on Themes Across the Atlantic

    Directory of Open Access Journals (Sweden)

    Utter, Robert

    2012-06-01

    Full Text Available In recent years the United States Supreme Court has delivered two significant rulings, Massachusetts v. EPA and AEP v. Connecticut, concerning regulating and limiting greenhouse gas emissions. Since federal climate change legislation has stalled in Congress, these two rulings are all the more significant in setting the stage for how greenhouse gas emissions are regulated in the United States. According to the rulings, greenhouse gas emissions are coveredby the Clean Air Act and thus fall under the regulatory jurisdiction of the Environmental Protection Agency. This in effect cancels the possibility for private enforcement of emission limits on greenhousegases under federal nuisance law. No similar groundbreaking recedents have been issued by the high courts in Finland. But in contrast with U.S law, it seems that greenhouse gas emissions wouldnot be covered by the Finnish Environmental Protection Act and thus a plaintiff could under Finnish nuisance law pursue an injunction case against an emitter of greenhouse gases. Likewise, a plaintiffcould file a claim for damages under the Finnish Act on Compensation for Environmental Damage. In practice, however, a plaintiff’s injunction case as well as tort liability case seems to be doomed forfailure under Finnish law. Requirements set by the burden of proof and causality, among others, mean that Finnish nuisance and tort law are far from being effective means of enforcement or redress in thecontext of climate change liability.

  16. Civil liability: characterization of the demand for lawsuits against dentists

    Directory of Open Access Journals (Sweden)

    Alice Aquino ZANIN

    Full Text Available Abstract In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court’s website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.

  17. A Comparative Analysis of the Strict Liability and Negligent Liability%严格责任与疏忽责任:一个比较分析

    Institute of Scientific and Technical Information of China (English)

    张瑞纲; 胡盛楠

    2014-01-01

    This paper studies the compared advantages and disadvantages of the strict liability system and the negligent liability system in the tort field .Through the analysis of unilateral model , the strict liability can accord with the social welfare standard under the condition , but the negligent liability system can not reach the optimal of the society .Then the paper further extends the analysis through bilateral model .Because consider the injured party behavior , we conclude that the negligent liability system can reach the Nash equilibrium of the welfare state , but the strict liability system protects the victims excessively .%本文研究了侵权领域严格责任制度与疏忽责任制度之间的优劣比较:通过单侧模型的分析,在此条件下严格责任能够符合社会福利的标准,但是疏忽责任制度却达不到社会的最优;通过双侧模型进一步扩展了分析,由于加入了对受害方行为的考虑,得出的结论是疏忽责任制度能够达到社会福利状态的纳什均衡,而严格责任制度过度保护了受害者。

  18. 27 CFR 70.482 - Offers in compromise of liabilities (other than forfeiture) under 26 U.S.C.

    Science.gov (United States)

    2010-04-01

    ... 26 U.S.C. (a) In general. The appropriate TTB officer may compromise any civil or criminal liability... liability. (b) Scope of compromise agreement. A compromise agreement may relate to civil or criminal.... However, acceptance of an offer in compromise of a civil liability does not remit a criminal...

  19. 14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

    Science.gov (United States)

    2010-01-01

    ... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space...

  20. 42 CFR 417.464 - End of CMS's liability for payment: Disenrollment of beneficiaries and termination or default of...

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false End of CMS's liability for payment: Disenrollment... Enrollment, Entitlement, and Disenrollment under Medicare Contract § 417.464 End of CMS's liability for... disenrollment: General rule. (1) CMS's liability for monthly capitation payments to the HMO or CMP...

  1. ASSETS AND LIABILITIES DEPENDENCE: EVIDENCE FROM AN EUROPEAN SAMPLE OF BANKS

    Directory of Open Access Journals (Sweden)

    Cociuba Mihail Ioan

    2014-12-01

    Full Text Available In this paper we analyzed the correlation between asset and liabilities using the canonical correlation method, in the case of correlation we analyze the interdependence between two variables, by using canonical correlation analyses we study the interdependence between two groups of variables, X consisting of p variables and Y with q variables from which the best linear combination can be constructed to maximize the correlation between X and Y. While on the financial markets the relation between variables may be linear or non-linear and although canonical correlation analyses only the linear combination of variables it is a more efficient tool than then simple correlation.The asset group which we analyze is composed of different types of loans, derivatives and other earning assets, while in the group of liabilities we have deposits (short and long term, interest bearing liabilities and trading liabilities. We find that the assets and liabilities in the banking sector are directly linked. In the context of the global financial crisis (2007-2008 and the afterwards financial recession this direct correlation between assets and liabilities created a vicious cycle in which the losses from assets had a direct impact on the liabilities which also influenced the levels of assets.The behavior of different variables is important, especially in the financial markets, mainly due to the structure of financial markets. The banking sector and the systemic risk associated with it can affect the financial system and even the whole economy so the study of the correlation of assets and liabilities may give us insights on the causes of the financial crises. We use a panel of fifty-nine European banks for the 2004-2011 period and we analyses the correlation between assets and liabilities. We find that there exists a direct and strong connection between different classes of assets held by banks and the structure of liabilities. The impact of the economic crisis on

  2. Gyrokinetic Statistical Absolute Equilibrium and Turbulence

    Energy Technology Data Exchange (ETDEWEB)

    Jian-Zhou Zhu and Gregory W. Hammett

    2011-01-10

    A paradigm based on the absolute equilibrium of Galerkin-truncated inviscid systems to aid in understanding turbulence [T.-D. Lee, "On some statistical properties of hydrodynamical and magnetohydrodynamical fields," Q. Appl. Math. 10, 69 (1952)] is taken to study gyrokinetic plasma turbulence: A finite set of Fourier modes of the collisionless gyrokinetic equations are kept and the statistical equilibria are calculated; possible implications for plasma turbulence in various situations are discussed. For the case of two spatial and one velocity dimension, in the calculation with discretization also of velocity v with N grid points (where N + 1 quantities are conserved, corresponding to an energy invariant and N entropy-related invariants), the negative temperature states, corresponding to the condensation of the generalized energy into the lowest modes, are found. This indicates a generic feature of inverse energy cascade. Comparisons are made with some classical results, such as those of Charney-Hasegawa-Mima in the cold-ion limit. There is a universal shape for statistical equilibrium of gyrokinetics in three spatial and two velocity dimensions with just one conserved quantity. Possible physical relevance to turbulence, such as ITG zonal flows, and to a critical balance hypothesis are also discussed.

  3. Color assimilation and contrast near absolute threshold

    Science.gov (United States)

    McCann, John

    2012-01-01

    Simultaneous Contrast and Assimilation test targets are almost always viewed at high light levels. We measured the appearances of Simultaneous Contrast, Assimilation and other spatial surrounds near absolute rod threshold. Given the very different spatial organizations of receptive fields in rod and cone vision at detection threshold, it is not obvious that these familiar cone-vision spatial effects would be observed at rod light levels. Nevertheless, the spatial experiments showed that these targets have the same changes in appearance as those observed in bright light. Our experiments used very dim candle light that was above threshold for rods and L cones, and below threshold for M and S cones. Although detection threshold experiments show very different spatial organizations for rod and cone vision, we found that spatial contrast experiments gave the same changes of appearance. Neural contrast mechanisms at the lowest end of our visual HDR range are very similar to those at the top of the range in sunlight. This is true for both chromatic and achromatic targets.

  4. PROFIT – THE ABSOLUTE EXPRESSION OF PROFITABILITY

    Directory of Open Access Journals (Sweden)

    Daniela SIMTION

    2013-12-01

    Full Text Available Profitability of an economic unit is expressed through a system of indicators, because "no index or economic category can reflect the total, perfect, complex reality of economic phenomena or processes. Each expresses a side of concrete, essential details (indexes, but a full one (economic category. This system of indexes for profitability is characterized by a higher degree of consolidation, of reflection of the economic-financial results. They must be correlated to the other indexes of economic efficiency from the various subsystems that constitute the factors which determine the actual amount of profit and the rate of return. Each indicator has a certain form of expression according to the phenomena to which it refers. Thus, they can be expressed in relative sizes as medium sizes or indexes. They can also be expressed in physical, conventional or value units. The ability to develop monetary results can not be judged independently to the employed means for achieving them. Therefore, the profitability analysis is not limited to investigating its absolute indexes but also the relative ones, obtained by comparing the results to the means employed or consumed for developing the specific activity

  5. The civil liability for damages of the criminally insane.

    Science.gov (United States)

    Melamed, Yuval; Ganot, Nitza; Mester, Roberto; Bleich, Avi

    2008-01-01

    As a rule, mentally ill patients are held to be responsible for their acts just like everyone else. Notwithstanding, the law in Israel contains special rules which distinguish individuals with mental illness from other people. The instructions laid out in article 34h of the Israeli Penal Law empower the court to release a defendant from criminal responsibility. To do this the following criteria must be met: (a) the defendant was mentally ill, (b) he/she was in a psychotic state at the time he/she performed the felony, (c) his/her mental illness deprived him/her of his/her abilities in at least one of the two following areas: 1] he/she could not understand what he/she was doing, or the forbidden nature of the act; 2] he/she was incapable of preventing him/herself from carrying it out. In the case presented, a mentally ill individual was charged with the murder of his child and with an attempt to murder another child. The court ruled him to be legally insane and therefore non-punishable. He was later sued by the other child's parents for damages on the grounds of the assault tort. The issue in question was how does the fact that the defendant was ruled legally insane while committing the wrong doing affect the legal ruling of the defendant's liability especially regarding the tort of assault? The Magistrate's Court ruled that the Israeli Tort Law did not determine exemption from responsibility for the mentally ill. Liability for damages will be imposed upon an individual whenever the prerequisites to define a tort are met, even if the mental requisite is an outcome of one's mentally ill state. The District Court determined that an individual who intended to inflict harm is guilty of assault, even though the intent was an outcome of his mental state. Lack of volition due to one's inability to refrain from action does not constitute a defense for assault. In this case liability for damages was imposed on the defendant. The Court related to the issue of justice

  6. Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Natalia Saitarli

    2015-08-01

    Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

  7. Positioning, alignment and absolute pointing of the ANTARES neutrino telescope

    Energy Technology Data Exchange (ETDEWEB)

    Fehr, F [Erlangen Centre for Astroparticle Physics, Erwin-Rommel-Str. 1 (Germany); Distefano, C, E-mail: fehr@physik.uni-erlangen.d [INFN Laboratori Nazional del Sud, Via S. Sofia 62, 95123 Catania (Italy)

    2010-01-01

    A precise detector alignment and absolute pointing is crucial for point-source searches. The ANTARES neutrino telescope utilises an array of hydrophones, tiltmeters and compasses for the relative positioning of the optical sensors. The absolute calibration is accomplished by long-baseline low-frequency triangulation of the acoustic reference devices in the deep-sea with a differential GPS system at the sea surface. The absolute pointing can be independently verified by detecting the shadow of the Moon in cosmic rays.

  8. Absolute quantification of somatic DNA alterations in human cancer

    OpenAIRE

    Carter, Scott L.; Cibulskis, Kristian; Helman, Elena; McKenna, Aaron; Shen, Hui; Zack, Travis; Laird, Peter W.; Onofrio, Robert C.; Winckler, Wendy; Weir, Barbara A; Beroukhim, Rameen; Pellman, David; Levine, Douglas A.; Lander, Eric S.; Meyerson, Matthew

    2012-01-01

    We developed a computational method (ABSOLUTE) that infers tumor purity and malignant cell ploidy directly from analysis of somatic DNA alterations. ABSOLUTE can detect subclonal heterogeneity, somatic homozygosity, and calculate statistical sensitivity to detect specific aberrations. We used ABSOLUTE to analyze ovarian cancer data and identified pervasive subclonal somatic point mutations. In contrast, mutations occurring in key tumor suppressor genes, TP53 and NF1 were predominantly clonal ...

  9. Absolute quantification of somatic DNA alterations in human cancer

    OpenAIRE

    Carter, Scott L.; Cibulskis, Kristian; Helman, Elena; McKenna, Aaron; Shen, Hui; Zack, Travis; Laird, Peter W.; Onofrio, Robert C.; Winckler, Wendy; Weir, Barbara A; Beroukhim, Rameen; Pellman, David; Levine, Douglas A.; Lander, Eric S.; Meyerson, Matthew

    2015-01-01

    We developed a computational method (ABSOLUTE) that infers tumor purity and malignant cell ploidy directly from analysis of somatic DNA alterations. ABSOLUTE can detect subclonal heterogeneity, somatic homozygosity, and calculate statistical sensitivity to detect specific aberrations. We used ABSOLUTE to analyze ovarian cancer data and identified pervasive subclonal somatic point mutations. In contrast, mutations occurring in key tumor suppressor genes, TP53 and NF1 were predominantly clonal ...

  10. Noncombatants and liability to be attacked in wars

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2013-01-01

    The paper assumes that some people, at least, are liable to attack in war. In a number of ways, this is an ambiguous statement, so before proceeding, I need to clarify the specific senses in which I shall generally be using the terms "liable" and "attack." When I write that "S is liable to military....... Colloquially, then, "S is liable to attack" means roughly that S is a legitimate target. Given this, it should be clear that when I talk about the criteria of "liability to attack," I am talking in effect about the features separating people who may and may not be attacked. Unless I indicate otherwise, I also...... of these stipulations conform, I think, with recent literature on just war....

  11. Current aspects of penal surgical liability in Greece.

    Science.gov (United States)

    Sakelliadis, Emmanouil I; Papadodima, Stavroula A; Spiliopoulou, Chara A

    2013-05-01

    The surgeon may face in every day practice issues that may render him liable. The legal liability usually emerges due to the negligence exhibited during the preoperative, the operative and the postoperative stage. The surgeon, as any doctor, isn't liable for the result, but he is responsible for the correct diagnosis and therapeutic treatment, always according to the principles of the Medical science and to the possibilities available to him in every specific case (facilities and time). The continuous education about the issues of his speciality, the adaptation of scientifically approved techniques, the correct monitoring of the patient, both preoperatively and postoperatively, and finally the good communication with the patient are necessary for the proper practice of Medicine; but also constitute the "shield" of the surgeon against any possible legal conflict.

  12. Limiting Civil Liability in the Sphere of Business Auditing

    Directory of Open Access Journals (Sweden)

    Carmen COSTULEANU

    2011-09-01

    Full Text Available The statutory audit of business entities is represented by the audit of annual financial accounts or consolidated financial accounts, according to the Community legislation transposed in national regulations. Negligence or imprudence in performing the activities related to this type of audit entail special consequences. It is to some of the elements derived from this context that we refer in this paper, especially as there is often the underlying risk for the auditor to be held liable. It is worth noting that one cannot claim several compensations for the same action. Then, the auditor is not jointly liable with the other authors of the illicit actions which have caused damages. On the other hand, limited liability does not apply to the situations when it has been proven that the auditor has breached his professional duties with direct intent.

  13. Endogenous infection and hospital's civil liability - a case study.

    Science.gov (United States)

    Wąsik, D; Wąsik, N; Sygit, B; Dubiel, M

    2014-01-01

    The subject matter of this publication is the legal assessment of endogenous infection - the specific type of hospital infections. The main aim of the publication is to answer the question of whether medical and legal grounds exist for civil liability for endogenous infections and for treating those infections as cases of medical malpractice or medical events. The research method adopted is a case study. The authors have analysed a civil lawsuit for compensation instituted by an infected patient against a Polish hospital, adjudicated in 2013. The main conclusion of the publication is to postulate distinguishing medical malpractice from complications resulting from the reactions of the human body to treatment. The authors argue that endogenous infections should be treated as the latter-mentioned of these two cases.

  14. Suicide and psychiatrist's liability in Italian law cases.

    Science.gov (United States)

    Terranova, Claudio; Sartore, Daniela

    2013-03-01

    The aim of the study is to analyze the factors that are most frequently associated with a verdict of guilty delivered to the psychiatrist in cases of a patient's suicide in Italian law. Twenty-six sentences (1975-2009) were analyzed according to the claim of malpractice, patient characteristics, circumstances of the suicide, and reasons for the court's judgment. The court held the psychiatrist guilty in 12 cases, considering that the act of suicide was predictable and could have been avoided. Predictability was mainly related to errors in surveillance (7 cases), therapy (1 case), or both (2 cases). An error in diagnosis was considered to be related to the patient's death in two cases. Analysis of medical behavior considered to be erroneous and associated with a verdict of guilty provides an opportunity to discuss the topics relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of patient suicide. © 2012 American Academy of Forensic Sciences.

  15. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    Directory of Open Access Journals (Sweden)

    ELENA EMILIA ŞTEFAN

    2013-05-01

    Full Text Available The recent amendments in the applicable law on the disciplinary liability of the magistrates have induced many debates regarding the increase of holders that own the right to initiate the disciplinary action against a magistrate and also regarding the area of disciplinary offenses. The conferring of the status of holder of the disciplinary action to the Minister of Justice, the President of the High Court of Cassation and Justice and to the General Attorney of the Prosecutor’s Office of the High Court of Cassation and Justice, has conferred us the opportunity to present the impact of these legislative amendments on the legal environment. Therefore, the theme proposed through this study will be done by presenting the relevant legislation and the relevant constitutional jurisprudence.

  16. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    Directory of Open Access Journals (Sweden)

    Elena Emilia STEFAN

    2013-12-01

    Full Text Available The recent amendments in the applicable law on the disciplinary liability of the magistrates have induced many debates regarding the increase of holders that own the right to initiate the disciplinary action against a magistrate and also regarding the area of disciplinary offenses. The conferring of the status of holder of the disciplinary action to the Minister of Justice, the President of the High Court of Cassation and Justice and to the General Attorney of the Prosecutor's Office of the High Court of Cassation and Justice, has conferred us the opportunity to present the impact of these legislative amendments on the legal environment. Therefore, the theme proposed through this study will be done by presenting the relevant legislation and the relevant constitutional jurisprudence.

  17. Corporate Social Responsibility and Civil Environmental Liability: A Neoinstitutionalist Approach

    Directory of Open Access Journals (Sweden)

    Rafael Sales Rios

    2013-06-01

    Full Text Available The new economic paradigm including environmental transformation by human actions causes impact and pressure at numerous social classes. Therefore, there are many institutional and organizational changes to meet this new social and environmental demand. Thus, the work is divided into three parts. This work reveals, with the neo-institutionalism framework, how the institutional dynamics affect the decision-making process of business organizations in the adoption of environmental responsibility in its activities by dividing it in three parts. In the first part, it is studied the relationship between social agents, institutions and organizations, connecting them to the new environmental management present in the social system. In the second part it is characterized the role of informal institutions - manner, culture, values ​​- that operate action of organizations such as corporate social responsibility. Finally, in the third part, the role of formal institutions is explained - rules, regulations, laws – in the environmental liability.

  18. Legal Connotations of the Trichotomy Responsibility-Liability-Accountability

    Directory of Open Access Journals (Sweden)

    Mirela Paula Costache

    2013-08-01

    Full Text Available The objective of this research is to examine in brief the relationship between responsibility, liability and accountability, based on the conceptualization of these concepts and the role that they play in asserting and maintaining the social order. Viewed from the comparative side, the approach will be directed to areas where we find the full assertion of the three concepts, thus the perspective helps in supporting the principled nature, but at the same time complementary of the three concepts. Using content analysis, through a descriptive documentary research and analysis of the specialized literature, this study aims at identifying the content of the above mentioned concepts, presenting a point of view on the commonly used terminology from the legal or socio -moral perspective.

  19. PTSD in railroad drivers under the Federal employers' liability act.

    Science.gov (United States)

    Weiss, Kenneth J; Farrell, J Michael

    2006-01-01

    Railroad and subway drivers can experience psychological trauma when trains strike or nearly miss other trains, motor vehicles, or persons or become instruments of death. Derailments, collisions, and suicides on the tracks can induce feelings of helplessness, horror, guilt, and anxiety in the drivers. Although some drivers experience acute stress disorder (ASD) or post-traumatic stress disorder (PTSD), their conditions are not always acknowledged within the occupational setting. The world literature suggests that PTSD has been an increasing focus of concern, giving rise to detailed intervention protocols. In the United States, the Federal Employers' Liability Act (FELA) governs the adjudication of work-related injuries among railroad employees. In practice, it is difficult for railroad drivers with PTSD to receive benefits if there was no "direct impact" linked to the employer's negligence. In this article, the authors review the literature on PTSD among railroad drivers, discuss relevant case law, and explain how the FELA militates against some employees with PTSD.

  20. Liability rules for international trading of greenhouse gas emissions quotas

    DEFF Research Database (Denmark)

    Haites, E.; Missfeldt, F.

    2001-01-01

    To reduce the costs of mitigating greenhouse gas emissions in accordance with the Kyoto protocol, international trades of emissions quotas are allowed. The revenue from the sale of quotas may exceed the sanctions for non-compliance if these penalties are weak or poorly enforced. Under these circu......To reduce the costs of mitigating greenhouse gas emissions in accordance with the Kyoto protocol, international trades of emissions quotas are allowed. The revenue from the sale of quotas may exceed the sanctions for non-compliance if these penalties are weak or poorly enforced. Under...... these circumstances emissions trading enables a country to benefit financially through non-compliance. To counter non-compliance due to trading a range of liability proposals have been suggested. Using a simple global model, we analyze the economic and environmental performance of these proposals for the first...

  1. High-precision Absolute Coordinate Measurement using Frequency Scanned Interferometry

    CERN Document Server

    Chen, Tianxiang; Riles, Keith; Li, Cheng

    2013-01-01

    In this paper, we report high-precision absolute position measurement performed with frequency scanned interferometry (FSI). We reported previously on measurement of absolute distance with FSI [1]. Absolute position is determined by several related absolute distances measured simultaneously. The achieved precision of 2-dimensional measurements is better than 1 micron, and in 3-dimensional measurements, the precision on X and Y is confirmed to be below 1 micron, while the confirmed precision on Z is about 2 microns, where the confirmation is limited by the lower precision of the moving stage in Z direction.

  2. The absolute disparity anomaly and the mechanism of relative disparities.

    Science.gov (United States)

    Chopin, Adrien; Levi, Dennis; Knill, David; Bavelier, Daphne

    2016-06-01

    There has been a long-standing debate about the mechanisms underlying the perception of stereoscopic depth and the computation of the relative disparities that it relies on. Relative disparities between visual objects could be computed in two ways: (a) using the difference in the object's absolute disparities (Hypothesis 1) or (b) using relative disparities based on the differences in the monocular separations between objects (Hypothesis 2). To differentiate between these hypotheses, we measured stereoscopic discrimination thresholds for lines with different absolute and relative disparities. Participants were asked to judge the depth of two lines presented at the same distance from the fixation plane (absolute disparity) or the depth between two lines presented at different distances (relative disparity). We used a single stimulus method involving a unique memory component for both conditions, and no extraneous references were available. We also measured vergence noise using Nonius lines. Stereo thresholds were substantially worse for absolute disparities than for relative disparities, and the difference could not be explained by vergence noise. We attribute this difference to an absence of conscious readout of absolute disparities, termed the absolute disparity anomaly. We further show that the pattern of correlations between vergence noise and absolute and relative disparity acuities can be explained jointly by the existence of the absolute disparity anomaly and by the assumption that relative disparity information is computed from absolute disparities (Hypothesis 1).

  3. Indexing molecules for their hERG liability.

    Science.gov (United States)

    Rayan, Anwar; Falah, Mizied; Raiyn, Jamal; Da'adoosh, Beny; Kadan, Sleman; Zaid, Hilal; Goldblum, Amiram

    2013-07-01

    The human Ether-a-go-go-Related-Gene (hERG) potassium (K(+)) channel is liable to drug-inducing blockage that prolongs the QT interval of the cardiac action potential, triggers arrhythmia and possibly causes sudden cardiac death. Early prediction of drug liability to hERG K(+) channel is therefore highly important and preferably obligatory at earlier stages of any drug discovery process. In vitro assessment of drug binding affinity to hERG K(+) channel involves substantial expenses, time, and labor; and therefore computational models for predicting liabilities of drug candidates for hERG toxicity is of much importance. In the present study, we apply the Iterative Stochastic Elimination (ISE) algorithm to construct a large number of rule-based models (filters) and exploit their combination for developing the concept of hERG Toxicity Index (ETI). ETI estimates the molecular risk to be a blocker of hERG potassium channel. The area under the curve (AUC) of the attained model is 0.94. The averaged ETI of hERG binders, drugs from CMC, clinical-MDDR, endogenous molecules, ACD and ZINC, were found to be 9.17, 2.53, 3.3, -1.98, -2.49 and -3.86 respectively. Applying the proposed hERG Toxicity Index Model on external test set composed of more than 1300 hERG blockers picked from chEMBL shows excellent performance (Matthews Correlation Coefficient of 0.89). The proposed strategy could be implemented for the evaluation of chemicals in the hit/lead optimization stages of the drug discovery process, improve the selection of drug candidates as well as the development of safe pharmaceutical products.

  4. Evaluation of the absolute regional temperature potential

    Directory of Open Access Journals (Sweden)

    D. T. Shindell

    2012-09-01

    Full Text Available The Absolute Regional Temperature Potential (ARTP is one of the few climate metrics that provides estimates of impacts at a sub-global scale. The ARTP presented here gives the time-dependent temperature response in four latitude bands (90–28° S, 28° S–28° N, 28–60° N and 60–90° N as a function of emissions based on the forcing in those bands caused by the emissions. It is based on a large set of simulations performed with a single atmosphere-ocean climate model to derive regional forcing/response relationships. Here I evaluate the robustness of those relationships using the forcing/response portion of the ARTP to estimate regional temperature responses to the historic aerosol forcing in three independent climate models. These ARTP results are in good accord with the actual responses in those models. Nearly all ARTP estimates fall within ±20% of the actual responses, though there are some exceptions for 90–28° S and the Arctic, and in the latter the ARTP may vary with forcing agent. However, for the tropics and the Northern Hemisphere mid-latitudes in particular, the ±20% range appears to be roughly consistent with the 95% confidence interval. Land areas within these two bands respond 39–45% and 9–39% more than the latitude band as a whole. The ARTP, presented here in a slightly revised form, thus appears to provide a relatively robust estimate for the responses of large-scale latitude bands and land areas within those bands to inhomogeneous radiative forcing and thus potentially to emissions as well. Hence this metric could allow rapid evaluation of the effects of emissions policies at a finer scale than global metrics without requiring use of a full climate model.

  5. Absolute parameters of young stars: QZ Carinae

    Science.gov (United States)

    Walker, W. S. G.; Blackford, M.; Butland, R.; Budding, E.

    2017-09-01

    New high-resolution spectroscopy and BVR photometry together with literature data on the complex massive quaternary star QZ Car are collected and analysed. Absolute parameters are found as follows. System A: M1 = 43 (±3), M2 = 19 (+3 -7), R1 = 28 (±2), R2 = 6 (±2), (⊙); T1 ∼ 28 000, T2 ∼ 33 000 K; System B: M1 = 30 (±3), M2 = 20 (±3), R1 = 10 (±0.5), R2 = 20 (±1), (⊙); T1 ∼ 36 000, T2 ∼ 30 000 K (model dependent temperatures). The wide system AB: Period = 49.5 (±1) yr, Epochs, conjunction = 1984.8 (±1), periastron = 2005.3 (±3) yr, mean separation = 65 (±3), (au); orbital inclination = 85 (+5 -15) deg, photometric distance ∼2700 (±300) pc, age = 4 (±1) Myr. Other new contributions concern: (a) analysis of the timing of minima differences (O - C)s for the eclipsing binary (System B); (b) the width of the eclipses, pointing to relatively large effects of radiation pressure; (c) inferences from the rotational widths of lines for both Systems A and B; and (d) implications for theoretical models of early-type stars. While feeling greater confidence on the quaternary's general parametrization, observational complications arising from strong wind interactions or other, unclear, causes still inhibit precision and call for continued multiwavelength observations. Our high-inclination value for the AB system helps to explain failures to resolve the wide binary in the previous years. The derived young age independently confirms membership of QZ Car to the open cluster Collinder 228.

  6. Absolute Radiometric Calibration of KOMPSAT-3A

    Science.gov (United States)

    Ahn, H. Y.; Shin, D. Y.; Kim, J. S.; Seo, D. C.; Choi, C. U.

    2016-06-01

    This paper presents a vicarious radiometric calibration of the Korea Multi-Purpose Satellite-3A (KOMPSAT-3A) performed by the Korea Aerospace Research Institute (KARI) and the Pukyong National University Remote Sensing Group (PKNU RSG) in 2015.The primary stages of this study are summarized as follows: (1) A field campaign to determine radiometric calibrated target fields was undertaken in Mongolia and South Korea. Surface reflectance data obtained in the campaign were input to a radiative transfer code that predicted at-sensor radiance. Through this process, equations and parameters were derived for the KOMPSAT-3A sensor to enable the conversion of calibrated DN to physical units, such as at-sensor radiance or TOA reflectance. (2) To validate the absolute calibration coefficients for the KOMPSAT-3A sensor, we performed a radiometric validation with a comparison of KOMPSAT-3A and Landsat-8 TOA reflectance using one of the six PICS (Libya 4). Correlations between top-of-atmosphere (TOA) radiances and the spectral band responses of the KOMPSAT-3A sensors at the Zuunmod, Mongolia and Goheung, South Korea sites were significant for multispectral bands. The average difference in TOA reflectance between KOMPSAT-3A and Landsat-8 image over the Libya 4, Libya site in the red-green-blue (RGB) region was under 3%, whereas in the NIR band, the TOA reflectance of KOMPSAT-3A was lower than the that of Landsat-8 due to the difference in the band passes of two sensors. The KOMPSAT-3Aensor includes a band pass near 940 nm that can be strongly absorbed by water vapor and therefore displayed low reflectance. Toovercome this, we need to undertake a detailed analysis using rescale methods, such as the spectral bandwidth adjustment factor.

  7. The Brazilian approach to internet intermediary liability: blueprint for a global regime?

    Directory of Open Access Journals (Sweden)

    Nicolo Zingales

    2015-12-01

    Full Text Available While intermediary liability is becoming an issue of increasing importance in internet governance discussions, little is being made at the institutional level to minimise conflicts across jurisdictions and ensure the compliance of intermediary liability laws with fundamental rights and the freedom to innovate. The experience leading to the adoption of the Brazilian “Marco Civil da Internet” offers concrete insights for the definition of a baseline framework at the international level. This article also suggests the creation of a global forum of discussion on intermediary liability, allowing the interests of a variety of stakeholders to be taken into account in the definition and implementation of those baseline principles.

  8. A Study on Conduct Barring Limitation of Shipowner's Liability Based on the Korean Commercial Code

    Directory of Open Access Journals (Sweden)

    So Yeon Kim

    2016-12-01

    Full Text Available When a maritime claim is initiated against a shipowner, the Korean Commercial Code permits the shipowner to limit his liability. However, the right to limit liability will be denied in a case of the shipowner's willful misconduct or other reckless act or omission. Proving the facts to support a limitation can be problematic because there are no provisions specified in the Korean Commercial Code. This paper analyzes South Korea's historical position on cases involving the extent of the shipowner's liability and the willful misconduct or other reckless acts or omissions committed by him.

  9. THE FAIR VALUE OF AUTHENTIC AND TRUE METHOD OF ASSESSING THE LIABILITIES OF THE COMPANY

    Directory of Open Access Journals (Sweden)

    S. Travinska

    2013-11-01

    Full Text Available The article explores the nature of the category “assessment” in the scientific literature and normative documents; considered the types of assessments in the domestic and international practice; the methodology to assess the fair value of liabilities in accordance with IFRS; recommended methods for assessment of certain types of current liabilities accounting. Also the author describes the case for the use of different systems assessments of reflection of economic operations of the company. Defined the essence and necessity of application of the fair value in respect of the liabilities that would provide a true assessment of the financial condition of the enterprise and rational management accounting.

  10. Aspects concerning the lengths of the excluded shareholder’s liability towards third parties in the case of limited liability companies in Romania

    Directory of Open Access Journals (Sweden)

    Andreea Stoican

    2016-06-01

    Full Text Available In the current context of reinventing the trading company law, at the end of a lengthy and extremely difficult economic crisis, when every participant in the economic life tried to find their own way to adapt and make their activity survive the new social and commercial realities, not few were the cases when some of the Shareholders were excluded and their liability was drawn onto the legal person itself. Nevertheless, there is a type of legal liability of the former Shareholders, excluded from the Company, that still is quite deficiently regulated and, despite the sound argumentation and comprehensive regulation of Law no. 31/1990, it fails to provide a clear and detailed explanation of the consequences, namely, of the consequences the exclusion of a Shareholder has over the Third Parties of good-faith that the legal person (the Company had or continues to have legal relations with. This paper thus aims at analysing one of the main effects of excluding Shareholders from the company, namely the extent of their liability towards the Third Parties, and it is structured in five parts, as follows: 1 Introduction, 2 About the Shareholders’ exclusion, 3 The effects of excluding a Shareholder from the Limited Liability Company, 4 The excluded Shareholder’s liability towards the Third Parties and 5 Conclusions.

  11. Absolute chronology and stratigraphy of Lepenski Vir

    Directory of Open Access Journals (Sweden)

    Borić Dušan

    2007-01-01

    Full Text Available In the last decade, a number of specialist analyses were made on the material from old excavations of Mesolithic-Neolithic sites in the Danube Gorges. These new results altered significantly our understanding of the Lepenski Vir culture. The question of chronology of this regional phenomenon has been acute since the discovery of Lepenski Vir in the 1960s, and it remains of key importance for understanding the character of Mesolithic-Neolithic transformations in this and the neighbouring regions. The most heated debate was fuelled by the initial stratigraphic and chronological attribution of the type-site itself. There remained the question about the adequate dating of the most prominent phase at this site characterized by buildings with trapezoidal bases covered with limestone floors and with rectangular stone-lined hearths placed in the centre of these features. There have been suggestions that these features also contain Early Neolithic Starčevo type pottery and other similar items of material culture and should thus be dated to the Early Neolithic historical context. Moreover, the first series of conventional radiocarbon determinations (21 dates also suggested that the absolute chronology of these features should be confined to the period from around 6400-5500 cal BC (Fig. 1. Due to the importance of defining more precisely the chronology for the start of construction of these particular features at Lepenski Vir and for establishing the life-span of these buildings and their associated material culture, we have AMS (Accelerator Mass Spectrometry dated a number of contexts from this site. The results are presented in this paper. The project was made possible through the Oxford Radiocarbon Accelerate Dating Service (ORADS programme funded by the Arts and Humanities Research Council (AHRC and the Natural Environment Research Council (NERC of the Great Britain. Apart from those dates presented in this paper, there are 29 previously published

  12. Absolute instability in viscoelastic mixing layers

    Science.gov (United States)

    Ray, Prasun K.; Zaki, Tamer A.

    2014-01-01

    The spatiotemporal linear stability of viscoelastic planar mixing layers is investigated. A one-parameter family of velocity profiles is used as the base state with the parameter, S, controlling the amount of shear and backflow. The influence of viscoelasticity in dilute polymer solutions is modeled with the Oldroyd-B and FENE-P constitutive equations. Both models require the specification of the ratio of the polymer-relaxation and convective time scales (the Weissenberg number, We) and the ratio of solvent and solution viscosities (β). The maximum polymer extensibility, L, must also be specified for the FENE-P model. We examine how the variation of these parameters along with the Reynolds number, Re, affects the minimum value of S at which the flow becomes locally absolutely unstable. With the Oldroyd-B model, the influence of viscoelasticity is shown to be almost fully captured by the elasticity, E^* equiv (1-β ) We/Re, and Scrit decreases as elasticity is increased, i.e., elasticity is destabilizing. A simple approximate dispersion relation obtained via long-wave asymptotic analysis is shown to accurately capture this destabilizing influence. Results obtained with the FENE-P model exhibit a rich variety of behavior. At large values of the extensibility, L, results are similar to those for the Oldroyd-B fluid as expected. However, when the extensibility is reduced to more realistic values (L ≈ 100), one must consider the scaled shear rate, η _c equiv We S/2L, in addition to the elasticity. When ηc is large, the base-state polymer stress obtained by the FENE-P model is reduced, and there is a corresponding reduction in the overall influence of viscoelasticity on stability. Additionally, elasticity exhibits a stabilizing effect which is driven by the streamwise-normal perturbation polymer stress. As ηc is reduced, the base-state and perturbation normal polymer stresses predicted by the FENE-P model move towards the Oldroyd-B values, and the destabilizing

  13. Absolute Humidity and the Seasonality of Influenza (Invited)

    Science.gov (United States)

    Shaman, J. L.; Pitzer, V.; Viboud, C.; Grenfell, B.; Goldstein, E.; Lipsitch, M.

    2010-12-01

    Much of the observed wintertime increase of mortality in temperate regions is attributed to seasonal influenza. A recent re-analysis of laboratory experiments indicates that absolute humidity strongly modulates the airborne survival and transmission of the influenza virus. Here we show that the onset of increased wintertime influenza-related mortality in the United States is associated with anomalously low absolute humidity levels during the prior weeks. We then use an epidemiological model, in which observed absolute humidity conditions temper influenza transmission rates, to successfully simulate the seasonal cycle of observed influenza-related mortality. The model results indicate that direct modulation of influenza transmissibility by absolute humidity alone is sufficient to produce this observed seasonality. These findings provide epidemiological support for the hypothesis that absolute humidity drives seasonal variations of influenza transmission in temperate regions. In addition, we show that variations of the basic and effective reproductive numbers for influenza, caused by seasonal changes in absolute humidity, are consistent with the general timing of pandemic influenza outbreaks observed for 2009 A/H1N1 in temperate regions. Indeed, absolute humidity conditions correctly identify the region of the United States vulnerable to a third, wintertime wave of pandemic influenza. These findings suggest that the timing of pandemic influenza outbreaks is controlled by a combination of absolute humidity conditions, levels of susceptibility and changes in population mixing and contact rates.

  14. Novalis' Poetic Uncertainty: A "Bildung" with the Absolute

    Science.gov (United States)

    Mika, Carl

    2016-01-01

    Novalis, the Early German Romantic poet and philosopher, had at the core of his work a mysterious depiction of the "absolute." The absolute is Novalis' name for a substance that defies precise knowledge yet calls for a tentative and sensitive speculation. How one asserts a truth, represents an object, and sets about encountering things…

  15. A Global Forecast of Absolute Poverty and Employment.

    Science.gov (United States)

    Hopkins, M. J. D.

    1980-01-01

    Estimates are made of absolute poverty and employment under the hypothesis that existing trends continue. Concludes that while the number of people in absolute poverty is not likely to decline by 2000, the proportion will fall. Jobs will have to grow 3.9% per year in developing countries to achieve full employment. (JOW)

  16. Determination of Absolute Zero Using a Computer-Based Laboratory

    Science.gov (United States)

    Amrani, D.

    2007-01-01

    We present a simple computer-based laboratory experiment for evaluating absolute zero in degrees Celsius, which can be performed in college and undergraduate physical sciences laboratory courses. With a computer, absolute zero apparatus can help demonstrators or students to observe the relationship between temperature and pressure and use…

  17. Absolute instruments and perfect imaging in geometrical optics

    CERN Document Server

    Tyc, Tomas; Sarbort, Martin; Bering, Klaus

    2011-01-01

    We investigate imaging by spherically symmetric absolute instruments that provide perfect imaging in the sense of geometrical optics. We derive a number of properties of such devices, present a general method for designing them and use this method to propose several new absolute instruments, in particular a lens providing a stigmatic image of an optically homogeneous region and having a moderate refractive index range.

  18. ABSOLUTE STABILITY OF GENERAL LURIE DISCRETE NONLINEAR CONTROL SYSTEMS

    Institute of Scientific and Technical Information of China (English)

    GAN Zuoxin; HAN Jingqing; ZHAO Suxia; WU Yongxian

    2002-01-01

    In the present paper, the absolute stability of general Lurie discrete nonlinear control systems has been discussed by Lyapunov function approach. A sufficient condition of absolute stability for the general Lurie discrete nonlinear control systems is derived, and some necessary and sufficient conditions are obtained in special cases. Meanwhile, we give a simple example to illustrate the effectiveness of the results.

  19. On the Mean Absolute Error in Inverse Binomial Sampling

    OpenAIRE

    Mendo, Luis

    2009-01-01

    A closed-form expression and an upper bound are obtained for the mean absolute error of the unbiased estimator of a probability in inverse binomial sampling. The results given permit the estimation of an arbitrary probability with a prescribed level of the normalized mean absolute error.

  20. Impact of the IFRS Adoption on Financial Assets and Liabilities. Empirical Evidence from Bucharest Stock Exchange

    Directory of Open Access Journals (Sweden)

    Maria Carmen HUIAN

    2015-12-01

    Full Text Available The aim of this paper is to study the impact of the transition to IFRS on financial assets and liabilities reported by non-financial companies listed on the Bucharest Stock Exchange. It uses data from the individual financial statements for the comparative year 2011, prepared under both Romanian accounting standards (RAS and IFRS. Through a set of financial ratios involving information from balance sheet, income statement and cash flow statement, we study how the IFRS adoption affected financial assets and liabilities. We also test the empirical correlation between profitability (measured by ROE and financial assets/ liabilities before and after the transition to IFRS. We find that financial instruments are very little affected by the change in the accounting system. However, the association between ROE and financial assets/ liabilities is of greater intensity for the IFRS data.

  1. 78 FR 76332 - Proposed Submission of Information Collection for OMB Review; Comment Request; Liability for...

    Science.gov (United States)

    2013-12-17

    ...-8339 and ask to be connected to 202-326-4040.) The regulation on Liability for Termination of Single... Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, liebman.daniel@pbgc.gov or...

  2. Bridging the Implementation of Nagoya-Kualalumpur Supplementary Protocol on Liability and Redress in Indonesia

    Directory of Open Access Journals (Sweden)

    Wahyu Yun Santoso

    2016-04-01

    Full Text Available Aside the Nagoya Protocol on Access and Benefit Sharing, which is already ratified by Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol offers great benefits for “megabiodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, the need for ratifying is urge. This legal-normative research aims to seek the existing regulation in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for biodiversity. Based on the several existing regulation, Indonesia, to some extent has the readiness to implement the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress. This finding should be supported with more intens discussion on the protocol.

  3. Approaches to Product Liability Risk in the U.S. Automotive Industry

    National Research Council Canada - National Science Library

    2000-01-01

    .... The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers...

  4. 18 CFR 367.2450 - Account 245, Derivative instrument liabilities-Hedges

    Science.gov (United States)

    2010-04-01

    ... NATURAL GAS ACT Balance Sheet Chart of Accounts Current and Accrued Liabilities § 367.2450 Account 245... ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY REGULATIONS UNDER THE PUBLIC UTILITY HOLDING...

  5. A developmental study of latent absolute pitch memory.

    Science.gov (United States)

    Jakubowski, Kelly; Müllensiefen, Daniel; Stewart, Lauren

    2017-03-01

    The ability to recall the absolute pitch level of familiar music (latent absolute pitch memory) is widespread in adults, in contrast to the rare ability to label single pitches without a reference tone (overt absolute pitch memory). The present research investigated the developmental profile of latent absolute pitch (AP) memory and explored individual differences related to this ability. In two experiments, 288 children from 4 to12 years of age performed significantly above chance at recognizing the absolute pitch level of familiar melodies. No age-related improvement or decline, nor effects of musical training, gender, or familiarity with the stimuli were found in regard to latent AP task performance. These findings suggest that latent AP memory is a stable ability that is developed from as early as age 4 and persists into adulthood.

  6. 教唆人、帮助人责任与监护人责任%Liability of Instigator or Assistant and Liability of Guardian

    Institute of Scientific and Technical Information of China (English)

    杨立新

    2012-01-01

    The liability of someone who instigates or assists a person without capacity for civil act or with limited capacity for civil act to engage in tortious conduct is different from that of someone who instigates or assists a person with full capacity for civil act to engage in tortious conduct. The reason is that mostly the conduct of an instigator or assistant and the conduct of a guardian con- stitute joint tort, which means the modality of liability is unilateral joint and several liability. In the matter of application of Tort Liability Law of P. R. C. , the relation between Article 9:2 which stipulates the liability of instigator or assistant and the liability of guardian and Article 32 can be described as the relation between soecial rules and general rules.%教唆人、帮助人教唆、帮助无民事行为能力人或者限制民事行为能力人实施侵权行为,其责任与教唆、帮助完全民事行为能力人实施侵权行为不同,原因在于多数教唆人或者帮助人与监护人的未尽监护责任行为构成共同侵权行为,其责任形态为单向连带责任。在法律适用中,规定教唆人、帮助人责任与监护人责任的《侵权责任法》第9条第2款和该法第32条是特殊规则与一般规则的关系。

  7. Air Carrier's Liability for Damages According to the New Montreal Convention

    Directory of Open Access Journals (Sweden)

    Slobodan Kaštela

    2012-10-01

    Full Text Available The liability of air carriers in international air traffic is stillregulated by the Warsaw Convention from 1929and its amendments.In 1999the Montreal Convention was accepted, whichcompletely substitutes the rules contained in the Warsaw Conventionincluding all its later amendments, and the most importantmodifications have been made regarding the air can·iers'liabilities in case of passenger injury or death on intemationaI flights.

  8. The dependency of the banks' assets and liabilities: evidence from Germany

    OpenAIRE

    Memmel, Christoph; Schertler, Andrea

    2009-01-01

    Developments in risk-transfer instruments and risk management techniques in the last two decades have fundamentally changed how banks manage their assets and liabilities. In this document we show that, for all three sectors of German universal banks (private commercial banks, savings banks, and cooperative banks), asset-liability dependency declined over the period 1994-2007, the decline was strongest for those banks that use more than sector-average amounts of derivatives. Only in the case o...

  9. The Brazilian Approach to Internet Intermediary Liability: Blueprint for a Global Regime?

    OpenAIRE

    Nicolo Zingales

    2014-01-01

    While intermediary liability is becoming an issue of increasing importance in internet governance discussions, little is being made at the institutional level to minimise conflicts across jurisdictions and ensure the compliance of intermediary liability laws with fundamental rights and the freedom to innovate. The experience leading to the adoption of the Brazilian “Marco Civil da Internet” offers concrete insights for the definition of a baseline framework at the international level. This ar...

  10. Defaming by Suggestion: Searching for Search Engine Liability in the Autocomplete Era

    OpenAIRE

    Cheung, ASY

    2015-01-01

    Whilst different jurisdictions have yet to reach consensus on search engines’ liability for defamation, Internet giant Google is confronting judges and academics with another challenge: the basis of liability for defamation arising from its Autocomplete function. In 2014, for example, the Hong Kong Court of First Instance held that a claimant whose name was often paired with ‘triad member’ in Autocomplete had a good arguable case of defamation to proceed with and dismissed a claim of summary ...

  11. ACCOUNTING OF PROVISIONS, CONTINGENT LIABILITIES, CONTINGENT ASSETS IN SCOPE OF IAS 37

    OpenAIRE

    Usul, Hayrettin; ÖZER KEÇE, Figen

    2016-01-01

    This study tries to gain an insight into thenumber 37 Provisions, Contingent Liabilities and Contingent Assets, one of theInternational Financial Reporting Standards. At first a general overview hasbeen provided about these concepts, and then under what circumstancesbusinesses accrue provisions, contingent liabilities and contingent assets andwhat kind of information related to the concepts about financial statementsshould be explained have been examined in detail. After these explanations, i...

  12. The influence of expert testimony on legal decisions regarding the civil liability of doctors

    Directory of Open Access Journals (Sweden)

    KALLAS FILHO, Elias

    2015-06-01

    Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.

  13. The new Law on Environmental Liability. Das neue Gesetz ueber die Umwelthaftung

    Energy Technology Data Exchange (ETDEWEB)

    Reuter, A.

    1991-01-30

    The Law on Environmental Liability (UmweltHG) came into force on 1 January 1991. It concerns above all the areas of heat generation and energy, mining, disposal of waste and residual material and also transport of hazardous goods. The pros and cons of a reform of environmental liability under civil law have been discussed exhaustively in literature. Therefore this article restricts itself to relating the basic outlines of the legislative concern and giving a survey of the most important regulations and an outlook on developments in the EC in policy concerning liability law. This includes: liability for endangerment through the operation of certain installations, effect of legalization, normal operation, development risks, force majeure, local customary practice, damages only have to be compensated if an object of legal protection has been injured; questions of proof; several parties liable for compensation. The issue of provision funds is left to a regulation of the Federal Government. At the European level it appears that the domain of the Environmental Liability Law will not be spared amendments. Thus the EC Commission plans among other things a directive on liability for waste under civil law. In 1990 the Directive on Free Access to Information Concerning the Environment was passed. (orig./HSCH).

  14. The Employer’s Liability Insurance%论雇主责任保险

    Institute of Scientific and Technical Information of China (English)

    韩超

    2014-01-01

    责任保险的标的并不只是侵权责任,合同责任也是责任保险标的的一种,而雇主责任保险是以合同责任为标的。我国目前的雇主责任保险发展缓慢,是由于其承保范围与工伤保险相竞合,以及其他相关法律对雇主所承担的责任不明确所导致。找到了原因就可以对我国的雇主责任保险出现的问题更好地完善。%liability insurance mark not only tort liability, contractual liability is a liability insurance mark, and the employer’s liability insurance is a contract responsibility for object. The development of the insurance of employer liability in our country now slowly, investigate its reason, is because of the work injury insurance coverage and compete as well as other relevant legal commitment to the employer ’s responsibility is not clear due to. Perfect found out why can insurance employer responsibility for our problems better.

  15. 论无过错责任在《侵权责任法》立法中的规范%On Standard of Liability Without Fault in the Legislation of Tort Liability Law

    Institute of Scientific and Technical Information of China (English)

    吴怡缔; 方立维

    2012-01-01

    The interpretation of Seventh Clause of Tort Liability Law on liability without fault is: "When actor offends other's civilian's right,whether the actor is with or without fault,law putting forward to bearing tortuous liability shall prevail." Some people consider that the interpretation not only reflects connotation of liability without fault,but also solves the dilemma in understanding "liability without fault,and problems of constructing elements of principle about liability without fault.The product liability in the fifth Provision,liability of environment pollution in the eighth provision,highly dangerous liability in the ninth provision and the damage liability caused by raising animals stimulated by Tort Liability Law are suitable in using special tort of liability without fault.%《侵权责任法》第7条对无过错责任的表述是:"行为人损害他人民事权益,不论行为人有无过错,法律规定应当承担侵权责任的,依照其规定。"有人认为该表述不仅准确体现了无过错责任内涵,解决了对"无过错"的理解问题,也解决了无过错责任原则的责任构成要件问题。《侵权责任法》明确规定了第五章的产品责任、第八章的环境污染责任、第九章的高度危险责任以及第十章饲养动物损害责任,适用无过错责任的特殊侵权行为。

  16. Market Research of the Russian National and Regional Aspects of Builders Liability Insurance

    Directory of Open Access Journals (Sweden)

    Aleksander Andreevich Tsyganov

    2016-06-01

    Full Text Available The article studies the ways and level of the protection of the rights of shared construction participants in Russia, and the utilization of builders liability insurance for the purpose to identify the problem regions and the prospects of the development of mechanisms ensuring the liability of developers. The basis for the article was the study of real estate developers in 15 cities with the population over 1 million people. The article presents the data of the types of fund raising for building housing in the cities with the population over 1 million people, the regional differentiation in this parameter is highlighted. The article has explored the implementation of mechanisms ensuring the liability of developers for transfering premises to the shareholders. The main factors considered in the article are the form of registration of the relationship between a developer and an individual — an investor, as well as the mechanisms ensuring the liability of developers. It is shown that in some regions, the level of protection of the participants of shared construction is low. The mechanisms ensuring the liability of developers including the legal requirements for liability insurance and guarantee of credit institution are systematized. In the article, the key term of the liability insurance of builders for default on obligations or improperly performing the obligations on the delivery of residential properties, and also the condition of the guarantee of credit institution on the delivery of residential properties are considered. The regional features of how people participate in the construction of housing are described in the context of mechanisms ensuring the liability of developers. The use of various ensuring mechanisms, the differences in insurance by the commercial organizations and by joining the mutual society are shown. The results of the study can be used at the correction of the state and regional policy in the field of housing

  17. Absolute gravimetry - for monitoring climate change and geodynamics in Greenland

    DEFF Research Database (Denmark)

    Nielsen, Jens Emil

    with the GPS data, it is possible to separate the different signals. The method used in this study is absolute gravimetry. An absolute gravimeter of the A10 type has been purchased by DTU Space for this purpose. This instrument can measure gravity changes as small as 6µGal (= 60nm=s2), which provides....... The time allocated for a PhD project is not sufficient to gather enough data for an elaborated analysis of the different signals which can be detected in Greenland. However, as will be presented in this thesis, the preliminary results indicate interesting possibilities for the use of absolute gravimetry...

  18. An All Fiber White Light Interferometric Absolute Temperature Measurement System

    Directory of Open Access Journals (Sweden)

    Jeonggon Harrison Kim

    2008-11-01

    Full Text Available Recently the author of this article proposed a new signal processing algorithm for an all fiber white light interferometer. In this article, an all fiber white light interferometric absolute temperature measurement system is presented using the previously proposed signal processing algorithm. Stability and absolute temperature measurement were demonstrated. These two tests demonstrated the feasibility of absolute temperature measurement with an accuracy of 0.015 fringe and 0.0005 fringe, respectively. A hysteresis test from 373K to 873K was also presented. Finally, robustness of the sensor system towards laser diode temperature drift, AFMZI temperature drift and PZT non-linearity was demonstrated.

  19. Unusual presentation of hereditary neuropathy with liability to pressure palsies

    Directory of Open Access Journals (Sweden)

    Andary Michael T

    2008-01-01

    Full Text Available Abstract Background Hereditary neuropathy with liability to pressure palsies (HNPP is an autosomal-dominant painless peripheral neuropathy characterized by episodes of repeated focal pressure neuropathies at sites of entrapment/compression, with a considerable variability in the clinical course. Electrodiagnostic and genetic testing are important in the diagnostic evaluation of these patients. Case presentation We report an unusual HNPP phenotype, five compression neuropathies in four nerves in a patient with bilateral hand numbness. A 42-year-old female, presented with acute bilateral paresthesias and weakness in her hands after starting yoga exercises requiring hyperextension of her hands at the wrists. Her presentation was complicated by: a a remote history of acute onset foot drop and subsequent improvement, b previous diagnoses of demyelinating peripheral neuropathy, possibly Charcot-Marie-Tooth disease, and c exposure to leprosy. Electrodiagnostic testing showed 5 separate compression neuropathies in 4 nerves including: severe left and right ulnar neuropathies at the wrist, left and right median neuropathies at the wrist and left ulnar neuropathy at the elbow. There was a mild generalized, primarily demyelinating, peripheral polyneuropathy. Based on the clinical suspicion and electrodiagnostic findings, consistent with profound demyelination in areas of compression, genetic analysis was done which identified a deletion of the PMP-22 gene consistent with HNPP. Conclusion HNPP can present with unusual phenotypes, such as 5 separate mononeuropathies, bilateral ulnar and median neuropathies at the wrists and ulnar neuropathy at the elbow with mild peripheral demyelinating polyneuropathy associated with the PMP-22 gene deletion.

  20. [Penal liability from retained foreign body inside the surgical site].

    Science.gov (United States)

    Angiò, L G; Ventura Spagnolo, E; Pirrone, G; Cardia, G

    2011-03-01

    The Authors focus on the liability of the surgery team members in the case they inadvertently forget behind in the patient's body a foreign object, which causes injuries and/or death. The Authors underline that, according to the current case law regarding medical malpractice, both the main surgeon and their assistant/subordinate are liable for engaging in a markedly imprudent and/or negligent conduct, such as not double-checking scrupulously the surgical site before its closure in order to highlight forgotten foreign bodies. As well, the Authors underline that either the circulator nurse or the theatre nurse can be considered punishable by law when that medical error occurs, even if they are responsible for the count of the instruments used in the course of the surgery. Conversely, the main surgeon and his or her assistant are always directly responsible, due to the fact that the nurses' count procedure represents merely an additional control measure, without substituting at all the check the surgeons must obligatory conduct on the surgical site. Finally, the Authors point out that, as the count procedure is performed by the members of a surgical team, where a hierarchy-based relationship rules, the main surgeon is the liable for any preventable and avoidable adverse event provoked by the nursing staff as a consequence of the objective responsibility due to culpa in eligendo and culpa in vigilando.

  1. THEORETICAL CONSIDERATIONS ON INSOLVENCY AND JOINT LIABILITY ON TAX MATTERS

    Directory of Open Access Journals (Sweden)

    POPEANGĂ VASILE NICOLAE

    2015-03-01

    Full Text Available Romanian legislation stipulates incident in tax as a way of fighting outstanding tax debts in relation to certain conditionalities, the tax authorities can declare the insolvency of the debtor taxpayer and attracting joint liability of third parties on which transfer tax claims extinguish the obligation owed by the insolvent. According to various editions of the Dictionary of the Romanian Language through insolvency means "a situation in which the debtor whose assets are worth less than all obligations would be satisfied with the goods" [DEX 1998] or "situation of the debtor to be in default of debt outstanding [DEX 2009]. From the perspective of civil law, "insolvency resulting from the inferiority of the assets may be subject by law enforcement, to the total amount of outstanding debt" [Law 287/2009 on the Civil Code, art. 1417]. From the perspective of tax law "is insolvent debtor whose income or assets are worth less than the outstanding tax obligations or who has no income or assets" [GO 92/2003 regarding the Fiscal Procedure Code, art. 176].

  2. The liability threshold model for censored twin data

    DEFF Research Database (Denmark)

    Holst, Klaus K.; Scheike, Thomas; Hjelmborg, Jacob B.

    2016-01-01

    Family studies provide an important tool for understanding etiology of diseases, with the key aim of discovering evidence of family aggregation and to determine if such aggregation can be attributed to genetic components. Heritability and concordance estimates are routinely calculated in twin stu...... consistent estimates of heritability. The method is demonstrated in simulations and applied to data from the population based Danish twin cohort to describe the dependence in prostate cancer occurrence in twins.......Family studies provide an important tool for understanding etiology of diseases, with the key aim of discovering evidence of family aggregation and to determine if such aggregation can be attributed to genetic components. Heritability and concordance estimates are routinely calculated in twin...... the disease thus still being at risk. Ignoring this right-censoring can lead to severely biased estimates. The classical liability threshold model can be extended with inverse probability of censoring weighting of complete observations. This leads to a flexible way of modelling twin concordance and obtaining...

  3. Agent for environmental protection. Liability and points of Criminal Law

    Energy Technology Data Exchange (ETDEWEB)

    Keune, H.

    1981-06-01

    The author discusses the concept and status of the agent for environment protection on the basis of the relevant laws because a legal definition does not yet exist. The administrative body accepts the so-called Janus-faced industrial agent who has, as a rule, also the function of the agent for environmental protection, namely, because of the principle of concentration that has greatly been accepted because of rationalizing and efficiency reasons. As a consequence of this principle the so-exposed agent bears an 'outward' responsibility. The criminal liability of the agent for environmental protection is discussed under the aspects of acts performed on behalf of somebody else, the acceptance of responsability for one's own act or omission, the comittment by omitting, the indirect perpetration and the complicity. Furthermore the author looks into the following subjects: protection against work that is liable to be dangerous, claim for compensation under civil law and the new regulations of the German Penal Code that determine what is environmentally criminal.

  4. Structural changes in cross-border liabilities: A multidimensional approach

    Science.gov (United States)

    Araújo, Tanya; Spelta, Alessandro

    2014-01-01

    We study the international interbank market through a geometric analysis of empirical data. The geometric analysis of the time series of cross-country liabilities shows that the systematic information of the interbank international market is contained in a space of small dimension. Geometric spaces of financial relations across countries are developed, for which the space volume, multivariate skewness and multivariate kurtosis are computed. The behavior of these coefficients reveals an important modification acting in the financial linkages since 1997 and allows us to relate the shape of the geometric space that emerges in recent years to the globally turbulent period that has characterized financial systems since the late 1990s. Here we show that, besides a persistent decrease in the volume of the geometric space since 1997, the observation of a generalized increase in the values of the multivariate skewness and kurtosis sheds some light on the behavior of cross-border interdependencies during periods of financial crises. This was found to occur in such a systematic fashion, that these coefficients may be used as a proxy for systemic risk.

  5. Perinatal asphyxia and medical professional liability: A case series

    Directory of Open Access Journals (Sweden)

    Andrea Verzeletti

    2016-12-01

    Full Text Available In the context of medical professional liability, obstetrics is one of the most involved medical specialties because the unfavorable outcome of a pregnancy is difficult to accept for parents, who tend to reduce it to inappropriate care that occurred during pregnancy or birth. 32 cases of perinatal asphyxia were evaluated by the Institute of Forensic Medicine in Brescia during the period between 1999 and 2014 (13 in Civil Court and 19 in Penal Court. 9 out of the 32 pregnancies were twins, so the considerations were carried out on a total of 41 fetuses/newborns. Profiles of inadequacy were identified in 66% of cases (85% of the cases evaluated in Civil Court; 53% of the cases evaluated in Penal Court. The existence of a causal relationship between the medical conduct and the onset of asphyxia was recognized in 79% of civil cases and in 38% of penal cases. There is a “greater rigor” in the verification of causal relationship and malpractice profiles in penal cases compared to civil ones: this is in harmony with the most recent Italian Court decisions, characterized by compelling suspect’s protection in the presence of a reasonable doubt in criminal matters and by victim’s protection in civil ones.

  6. ASPECTS OF CIVIL LIABILITY, AS A FORM OF SOCIAL LIABILTY, IN THE CONTEXT OF ECO-ECONOMY

    Directory of Open Access Journals (Sweden)

    DIANA-NICOLETA DASCALU

    2012-05-01

    Full Text Available This study aims to treat certain aspects of civil liability, as a form of legal liability and social responsability in the context of today’s economy. In the current global context, for the economy and thus society can survive one must take into account compliance with environmental sustainability. Implications of this line of development on the civil liability will be analyzed in this study.

  7. Mapping genes for liability to exencephaly in SELH/Bc mice

    Energy Technology Data Exchange (ETDEWEB)

    Gunn, T.M.; Juriloff, D.M. [Univ. of British Columbia, Vancouver (Canada)

    1994-09-01

    Exencephaly occurs in 6-20% of SELH/Bc strain mouse embryos. Liability to the cranial neural tube closure defect in SELH/Bc is multigenic, making it a good animal model for the study of the common human homolog, anencephaly. Our previous studies showed that the exencephaly-liability in SELH/Bc is caused by 2 or 3 loci. We have undertaken to map these genes. We crossed SELH/Bc to the normal strain, LM/Bc, and are using the F{sub 2}generation to map the segregating liability loci. 100 F{sub 2} males are being testcrossed to SELH/Bc to determine their genetic liability to exencephaly (based on frequency produced in their offspring, 100 scoreable embryos each). 83 males have been tested to date, producing exencephaly frequencies of between 0% and 16%. 26 have produced 0% exencephaly; 10 have produced at least 6%. These frequencies indicate that fewer than four exencephaly-liability loci are segregating. DNA from the 10 F{sub 2} males that produce the highest frequency of exencephaly and 10 that produce no exencephaly are being typed for microsatellite markers covering the 19 autosomes at 20 cM (or less) intervals. Of the 221 markers typed to date, 94 (43%) are detectably different between SELH/Bc and LM/Bc. Preliminary data based on five 0% males and five {open_quotes}high{close_quotes} males has excluded several chromosomal regions for the presence of an exencephaly-liability locus; e.g., most of chromosomes 2, 3, 4, 7, 12, 15, 17, and 19. The preliminary data suggest that there may be an exencephaly-liability locus on chromosome 13.

  8. Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J.

    1993-12-31

    This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

  9. Significance of absolute energy scale for physics at BESⅢ

    Institute of Scientific and Technical Information of China (English)

    FU Cheng-Dong; MO Xiao-Hu

    2008-01-01

    The effects of absolute energy calibration on BESⅢ physics are discussed in detail,which mainly involve the effects on τ mass measurement,cross section scan measurement,and generic error determination in other measurements.

  10. Producing Absolute Truth: CSI Science as Wishful Thinking

    National Research Council Canada - National Science Library

    Kruse, Corinna

    2010-01-01

    ...). I argue that CSI science, in delivering an absolute “truth” about how and by whom crimes have been committed, is equated with justice, effectively superseding nonfictional forensic science as well as nonfictional judicature as a whole...

  11. Changes in Absolute Sea Level Along U.S. Coasts

    Data.gov (United States)

    U.S. Environmental Protection Agency — This map shows changes in absolute sea level from 1960 to 2016 based on satellite measurements. Data were adjusted by applying an inverted barometer (air pressure)...

  12. Absolute position total internal reflection microscopy with an optical tweezer

    National Research Council Canada - National Science Library

    Lulu Liu; Alexander Woolf; Alejandro W. Rodriguez; Federico Capasso

    2014-01-01

    .... We show that by making only simple modifications to the basic TIRM sensing setup and procedure, a probe particle's absolute position relative to a dielectric interface may be known with better than...

  13. Monochromator-Based Absolute Calibration of Radiation Thermometers

    Science.gov (United States)

    Keawprasert, T.; Anhalt, K.; Taubert, D. R.; Hartmann, J.

    2011-08-01

    A monochromator integrating-sphere-based spectral comparator facility has been developed to calibrate standard radiation thermometers in terms of the absolute spectral radiance responsivity, traceable to the PTB cryogenic radiometer. The absolute responsivity calibration has been improved using a 75 W xenon lamp with a reflective mirror and imaging optics to a relative standard uncertainty at the peak wavelength of approximately 0.17 % ( k = 1). Via a relative measurement of the out-of-band responsivity, the spectral responsivity of radiation thermometers can be fully characterized. To verify the calibration accuracy, the absolutely calibrated radiation thermometer is used to measure Au and Cu freezing-point temperatures and then to compare the obtained results with the values obtained by absolute methods, resulting in T - T 90 values of +52 mK and -50 mK for the gold and copper fixed points, respectively.

  14. Preparation of an oakmoss absolute with reduced allergenic potential.

    Science.gov (United States)

    Ehret, C; Maupetit, P; Petrzilka, M; Klecak, G

    1992-06-01

    Synopsis Oakmoss absolute, an extract of the lichen Evernia prunastri, is known to cause allergenic skin reactions due to the presence of certain aromatic aldehydes such as atranorin, chloratranorin, ethyl hematommate and ethyl chlorohematommate. In this paper it is shown that treatment of Oakmoss absolute with amino acids such as lysine and/or leucine, lowers considerably the content of these allergenic constituents including atranol and chloratranol. The resulting Oakmoss absolute, which exhibits an excellent olfactive quality, was tested extensively in comparative studies on guinea pigs and on man. The results of the Guinea Pig Maximization Test (GPMT) and Human Repeated Insult Patch Test (HRIPT) indicate that, in comparison with the commercial test sample, the allergenicity of this new quality of Oakmoss absolute was considerably reduced, and consequently better skin tolerance of this fragrance for man was achieved.

  15. DIAGNOSTIC TEST FOR GARCH MODELS BASED ON ABSOLUTE RESIDUAL AUTOCORRELATIONS

    Directory of Open Access Journals (Sweden)

    Farhat Iqbal

    2013-10-01

    Full Text Available In this paper the asymptotic distribution of the absolute residual autocorrelations from generalized autoregressive conditional heteroscedastic (GARCH models is derived. The correct asymptotic standard errors for the absolute residual autocorrelations are also obtained and based on these results, a diagnostic test for checking the adequacy of GARCH-type models are developed. Our results do not depend on the existence of higher moments and is therefore robust under heavy-tailed distributions.

  16. Global trends in relative and absolute wealth concentrations

    OpenAIRE

    2014-01-01

    This paper compares changes in relative and absolute wealth concentrations to establish if both processes have followed similar trajectories. The findings indicate that while the level of relative wealth concentration has increased recently, it is not extraordinarily high in an historical perspective. On the contrary, the level of absolute wealth concentration is most likely higher than that previously occurred because of the increase in the wealth holdings and population size of high net wor...

  17. Spectra of absolute instruments from the WKB approximation

    CERN Document Server

    Tyc, Tomas

    2013-01-01

    We calculate frequency spectra of absolute optical instruments using the WKB approximation. The resulting eigenfrequencies approximate the actual values very accurately, in some cases they even give the exact values. Our calculations confirm results obtained previously by a completely different method. In particular, the eigenfrequencies of absolute instruments form tight groups that are almost equidistantly spaced. We demonstrate our method and its results on several examples.

  18. DIAGNOSTIC TEST FOR GARCH MODELS BASED ON ABSOLUTE RESIDUAL AUTOCORRELATIONS

    Directory of Open Access Journals (Sweden)

    Farhat Iqbal

    2013-10-01

    Full Text Available In this paper the asymptotic distribution of the absolute residual autocorrelations from generalized autoregressive conditional heteroscedastic (GARCH models is derived. The correct asymptotic standard errors for the absolute residual autocorrelations are also obtained and based on these results, a diagnostic test for checking the adequacy of GARCH-type models are developed. Our results do not depend on the existence of higher moments and is therefore robust under heavy-tailed distributions.

  19. Absolute Free Energies for Biomolecules in Implicit or Explicit Solvent

    Science.gov (United States)

    Berryman, Joshua T.; Schilling, Tanja

    Methods for absolute free energy calculation by alchemical transformation of a quantitative model to an analytically tractable one are discussed. These absolute free energy methods are placed in the context of other methods, and an attempt is made to describe the best practice for such calculations given the current state of the art. Calculations of the equilibria between the four free energy basins of the dialanine molecule and the two right- and left-twisted basins of DNA are discussed as examples.

  20. Method to obtain absolute impurity density profiles combining charge exchange and beam emission spectroscopy without absolute intensity calibrationa)

    Science.gov (United States)

    Kappatou, A.; Jaspers, R. J. E.; Delabie, E.; Marchuk, O.; Biel, W.; Jakobs, M. A.

    2012-10-01

    Investigation of impurity transport properties in tokamak plasmas is essential and a diagnostic that can provide information on the impurity content is required. Combining charge exchange recombination spectroscopy (CXRS) and beam emission spectroscopy (BES), absolute radial profiles of impurity densities can be obtained from the CXRS and BES intensities, electron density and CXRS and BES emission rates, without requiring any absolute calibration of the spectra. The technique is demonstrated here with absolute impurity density radial profiles obtained in TEXTOR plasmas, using a high efficiency charge exchange spectrometer with high etendue, that measures the CXRS and BES spectra along the same lines-of-sight, offering an additional advantage for the determination of absolute impurity densities.

  1. Method to obtain absolute impurity density profiles combining charge exchange and beam emission spectroscopy without absolute intensity calibration

    Energy Technology Data Exchange (ETDEWEB)

    Kappatou, A.; Delabie, E. [FOM Institute DIFFER - Dutch Institute for Fundamental Energy Research, Association EURATOM-FOM, 3430 BE Nieuwegein (Netherlands); Jaspers, R. J. E.; Jakobs, M. A. [Science and Technology of Nuclear Fusion, Eindhoven University of Technology, 5600 MB Eindhoven (Netherlands); Marchuk, O.; Biel, W. [Institute for Energy and Climate Research, Forschungszentrum Julich GmbH, Trilateral Euregio Cluster, 52425 Julich (Germany)

    2012-10-15

    Investigation of impurity transport properties in tokamak plasmas is essential and a diagnostic that can provide information on the impurity content is required. Combining charge exchange recombination spectroscopy (CXRS) and beam emission spectroscopy (BES), absolute radial profiles of impurity densities can be obtained from the CXRS and BES intensities, electron density and CXRS and BES emission rates, without requiring any absolute calibration of the spectra. The technique is demonstrated here with absolute impurity density radial profiles obtained in TEXTOR plasmas, using a high efficiency charge exchange spectrometer with high etendue, that measures the CXRS and BES spectra along the same lines-of-sight, offering an additional advantage for the determination of absolute impurity densities.

  2. 连带责任浅议%On the Joint Liability

    Institute of Scientific and Technical Information of China (English)

    代美华

    2001-01-01

    连带责任是一种较为严厉的民事责任,它涉及到各方主体的切身利益,如果责任分不清,就会使权利人的权利得不到实现,义务人的责任得以逃避,所以必须对连带责任加以准确的确认,明确法律上的权利义务关系,保护权利人的合法权益,从而使我们的市场经济沿着正确的轨迹运行.%As a severe civil liability,joint liability is related to the immediate and vital interests of each main part.If the liability is not distinguished,the rights of the holders will not be accomplished,and the liability of the compulsory person will be shirked.The joint liability must be confirmed in order to make the market economy in China run in right way.

  3. 产品质量之民事责任%Civil Liability of Product Quality

    Institute of Scientific and Technical Information of China (English)

    侯贵嵋

    2012-01-01

    Civil liability in the product quality law include three kinds of situations: tort liability, the liabilityof breach and concurrence of the two liabilities. Property damage caused by product damage can make litigations according to tort or breach. For personal injury, it should be dealt with in accordance with the tort liability. For the product damage itself, it should be dealt with in accordance with the liability of breach. If three damage exist in one damage behavior, it should be dealt with as one lawsuit processing, but use different legal basis.%《产品质量法》中的民事责任包括侵权责任,违约责任及二责任的竞合三种情形。产品致害引起的财产损害依侵权或违约进行诉讼皆可,对于人身伤害依侵权进行,对于产品本身的损害依违约进行。若三项损害在一个损害行为中都存在时,应作为一个诉处理,只是运用的法律依据不同。

  4. The manager’s decision in acknowledging and disclosing environmental liability: A Behavioral Model

    Directory of Open Access Journals (Sweden)

    Susi Sarumpaet

    2016-11-01

    Full Text Available This study analyzes why managers accrue and disclose environmental liability, which involves managers’ discretions. Using the framework of the Theory of Planned Behavior (Ajzen 1991, this research hypothesizes that a manager’s intention to accrue and disclose environmental liability is influenced by: (1 attitudes (2 subjective norms, and (3 perceived behavioral control of the manager towards accruing and disclosing such information. The data was collected through a survey, employing a questionnaire modified from Weidman (2002. Responses from 50 corporate managers in Lampung Province were analyzed using structural equation model software package SmartPLS. This study finds that a manager’s attitude towards environmental liability is positively associated with his/her decision to accrue and disclose environmental liability. However, there is no evidence that subjective norms and behavioral control are associated with such a decision. An additional test using attitude as a moderating variable provides evidence that both subjective norms and perceived control behavior are positively associated with the attitude towards environmental liability.

  5. High psychosis liability is associated with altered autonomic balance during exposure to Virtual Reality social stressors.

    Science.gov (United States)

    Counotte, Jacqueline; Pot-Kolder, Roos; van Roon, Arie M; Hoskam, Olivier; van der Gaag, Mark; Veling, Wim

    2017-06-01

    Social stressors are associated with an increased risk of psychosis. Stress sensitisation is thought to be an underlying mechanism and may be reflected in an altered autonomic stress response. Using an experimental Virtual Reality design, the autonomic stress response to social stressors was examined in participants with different liability to psychosis. Fifty-five patients with recent onset psychotic disorder, 20 patients at ultra-high risk for psychosis, 42 siblings of patients with psychosis and 53 controls were exposed to social stressors (crowdedness, ethnic minority status and hostility) in a Virtual Reality environment. Heart rate variability parameters and skin conductance levels were measured at baseline and during Virtual Reality experiments. High psychosis liability groups had significantly increased heart rate and decreased heart rate variability compared to low liability groups both at baseline and during Virtual Reality experiments. Both low frequency (LF) and high frequency (HF) power were reduced, while the LF/HF ratio was similar between groups. The number of virtual social stressors significantly affected heart rate, HF, LF/HF and skin conductance level. There was no interaction between psychosis liability and amount of virtual social stress. High liability to psychosis is associated with decreased parasympathetic activity in virtual social environments, which reflects generally high levels of arousal, rather than increased autonomic reactivity to social stressors. Copyright © 2016 Elsevier B.V. All rights reserved.

  6. A Random Parameter Model for Continuous-Time Mean-Variance Asset-Liability Management

    Directory of Open Access Journals (Sweden)

    Hui-qiang Ma

    2015-01-01

    Full Text Available We consider a continuous-time mean-variance asset-liability management problem in a market with random market parameters; that is, interest rate, appreciation rates, and volatility rates are considered to be stochastic processes. By using the theories of stochastic linear-quadratic (LQ optimal control and backward stochastic differential equations (BSDEs, we tackle this problem and derive optimal investment strategies as well as the mean-variance efficient frontier analytically in terms of the solution of BSDEs. We find that the efficient frontier is still a parabola in a market with random parameters. Comparing with the existing results, we also find that the liability does not affect the feasibility of the mean-variance portfolio selection problem. However, in an incomplete market with random parameters, the liability can not be fully hedged.

  7. Gynaecological cytopathology and the search for perfection: civil liability and regulatory ramifications.

    Science.gov (United States)

    Freckelton, Ian

    2003-11-01

    The article analyses the potential for false negative and false positive results from Pap smear testing by gynaecological cytopathology laboratories. It also reviews case law in relation to the liability of general practitioners, gynaecologists, cytoscreeners and pathologists in respect of cervical cancer diagnoses. It argues that the concerns expressed in the 1990s about unfair findings of liability against cervical screeners have not been borne out, liability only having been found by the courts where culpable failure to adhere to the standards to be expected of professional behaviour has been established by probative evidence. It argues that the challenge for the future is for cytology screening to articulate definitively where the distinctions lie between acceptable and unacceptable error and for the medical profession and the legal profession to accommodate to the limitations of gynaecological cytopathology.

  8. Replenishment policy and inventory optimization for supply-hub with liability period consideration

    Institute of Scientific and Technical Information of China (English)

    李果; 黄焜; 姚琦; 马士华

    2013-01-01

    A replenishment decision-making model for supply-hub is firstly established from the angle of supplier, and optimal replenishment decision of the supplier is analyzed. Then, inventory optimization model for supply-hub is formulated from the angle of the manufacturer, and the optimization algorithm for obtaining optimal inventory levels is given. The result shows that liability period decides the share of the inventory cost between two sides in supply chain. With the increase of liability period, the service level has been quickly reduced even though the manufacturer’s cost has been cut down by transferring the inventory cost to the supplier. As to the safety inventory, if the lower bound of components safety inventory increases, the supplier’s cost will rise up more slowly than the liability period does, while the service levels increases as the safety inventory’s lower bound is raised.

  9. Homicide committed by psychiatric patients: Psychiatrists' liability in Italian law cases.

    Science.gov (United States)

    Terranova, Claudio; Rocca, Gabriele

    2016-01-01

    Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. © The Author(s) 2015.

  10. Taking on board liability-focused information. Close positive relationships as a self-bolstering resource.

    Science.gov (United States)

    Kumashiro, Madoka; Sedikides, Constantine

    2005-09-01

    Do close positive relationships function as a self-bolstering resource, armoring the self against potentially threatening information? After taking a difficult and important intellectual ability test, participants visualized a relationship that was close positive, close negative, or neutral (Experiment 1) or a relationship that was close positive, close negative, distant positive, or distant negative (Experiment 2). All participants received bogus unfavorable feedback about their performance and subsequently indicated their interest in obtaining further liability-focused information about the performance domain and the underlying intellectual ability. Participants who visualized close positive relationships expressed the highest interest in receiving such information, despite rating it as unpleasant. State self-esteem and mood did not account for this effect, although warm affect for the relational partner did. Close positive relationships function as a psychological resource that bolsters the self against feedback about a newly discovered liability to the point where receptivity to additional liability-relevant information actually increases.

  11. Social host liability for minors and underage drunk-driving accidents.

    Science.gov (United States)

    Dills, Angela K

    2010-03-01

    Social host laws for minors aim to reduce teenage alcohol consumption by imposing liability on adults who host parties. Parents cite safety reasons as part of their motivation for hosting parties, preferring their teens and their teens' friends to drink in a supervised and safe locale. Both sides predict an effect of social host liability for minors on alcohol-related traffic accident rates for under-aged drinkers; the effects, however, work in opposite directions. This paper finds that, among 18-20 year olds, social host liability for minors reduced the drunk-driving fatality rate by 9%. I find no effect on sober traffic fatalities. Survey data on drinking and drunk driving suggest the declines resulted mostly from reductions in drunk driving and not reductions in drinking. Copyright 2009 Elsevier B.V. All rights reserved.

  12. Absolute neutrophil values in malignant patients on cytotoxic chemotherapy.

    Science.gov (United States)

    Madu, A J; Ibegbulam, O G; Ocheni, S; Madu, K A; Aguwa, E N

    2011-01-01

    A total of eighty patients with various malignancies seen between September 2008 and April 2009 at the University of Nigeria Teaching Hospital (UNTH) Ituku Ozalla, Enugu, Nigeria, had their absolute neutrophil counts, done at Days 0 and 12 of the first cycle of their various chemotherapeutic regimens. They were adult patients who had been diagnosed of various malignancies, consisting of Breast cancer 36 (45%), Non-Hodgkin's lymphoma 8 (10%), Hodgkin's lymphoma 13 (16.25%), Colorectal carcinoma 6 (7.5%), Multiple myeloma 7 (8.75%), Cervical carcinoma 1 (1.25%) and other malignancies 9 (11.25%), Manual counting of absolute neutrophil count was done using Turks solution and improved Neubauer counting chamber and Galen 2000 Olympus microscope. The socio demographic data of the patients were assessed from a questionnaire. There were 27 males (33.75%) and 53 females (66.25%). Their ages ranged from 18 - 80 years with a median of 45 years. The mean absolute neutrophil count of the respondents pre-and post chemotherapy was 3.7 +/- 2.1 x 10(9)/L and 2.5 +/- 1.6 x 10(9)/L respectively. There were significant differences in both the absolute neutrophil count (p=0.00) compared to the pre-chemotherapy values. Chemotherapeutic combinations containing cyclophosphamide and Adriamycin were observed to cause significant reduction in absolute neutrophil.

  13. Absolute quantification of somatic DNA alterations in human cancer.

    Science.gov (United States)

    Carter, Scott L; Cibulskis, Kristian; Helman, Elena; McKenna, Aaron; Shen, Hui; Zack, Travis; Laird, Peter W; Onofrio, Robert C; Winckler, Wendy; Weir, Barbara A; Beroukhim, Rameen; Pellman, David; Levine, Douglas A; Lander, Eric S; Meyerson, Matthew; Getz, Gad

    2012-05-01

    We describe a computational method that infers tumor purity and malignant cell ploidy directly from analysis of somatic DNA alterations. The method, named ABSOLUTE, can detect subclonal heterogeneity and somatic homozygosity, and it can calculate statistical sensitivity for detection of specific aberrations. We used ABSOLUTE to analyze exome sequencing data from 214 ovarian carcinoma tumor-normal pairs. This analysis identified both pervasive subclonal somatic point-mutations and a small subset of predominantly clonal and homozygous mutations, which were overrepresented in the tumor suppressor genes TP53 and NF1 and in a candidate tumor suppressor gene CDK12. We also used ABSOLUTE to infer absolute allelic copy-number profiles from 3,155 diverse cancer specimens, revealing that genome-doubling events are common in human cancer, likely occur in cells that are already aneuploid, and influence pathways of tumor progression (for example, with recessive inactivation of NF1 being less common after genome doubling). ABSOLUTE will facilitate the design of clinical sequencing studies and studies of cancer genome evolution and intra-tumor heterogeneity.

  14. Absolute frequency measurement of unstable lasers with optical frequency combs

    Science.gov (United States)

    Beverini, N.; Poli, N.; Sutyrin, D.; Wang, F.-Y.; Schioppo, M.; Tarallo, M. G.; Tino, G. M.

    2010-09-01

    Here we report on absolute frequency measurements of a commercial high power CW diode-pumped solid-state laser (Coherent Verdi-V5). This kind of lasers usually presents large frequency jitter (up to 50 MHz) both in the short term (1 ms time scale) and in the long term (>10 s time scale). A precise measurement of absolute frequency deviations in both temporal scales should require a set of different devices (optical cavities, optical wave-meters), each suited for measurements only at a specific integration time. Here we demonstrate how a frequency comb can be used to overcome this difficulty, allowing in a single step a full characterization of both short ( 103 s) absolute frequency jitter with a resolution better than 1 MHz. We demonstrate in this way the flexibility of optical frequency combs for absolute frequency measurements not only of ultra-stable lasers but also of relatively unstable lasers. The absolute frequency calibration of the Verdi laser that we have obtained have been used in order to improve the accuracy of the measurements of the local gravitational acceleration value with 88Sr atoms trapped in 1D vertical lattices.

  15. Absolute and relative family affluence and psychosomatic symptoms in adolescents.

    Science.gov (United States)

    Elgar, Frank J; De Clercq, Bart; Schnohr, Christina W; Bird, Phillippa; Pickett, Kate E; Torsheim, Torbjørn; Hofmann, Felix; Currie, Candace

    2013-08-01

    Previous research on the links between income inequality and health and socioeconomic differences in health suggests that relative differences in affluence impact health and well-being more than absolute affluence. This study explored whether self-reported psychosomatic symptoms in adolescents relate more closely to relative affluence (i.e., relative deprivation or rank affluence within regions or schools) than to absolute affluence. Data on family material assets and psychosomatic symptoms were collected from 48,523 adolescents in eight countries (Austria, Belgium, Canada, Norway, Scotland, Poland, Turkey, and Ukraine) as part of the 2009/10 Health Behaviour in School-aged Children study. Multilevel regression analyses of the data showed that relative deprivation (Yitzhaki Index, calculated in regions and in schools) and rank affluence (in regions) (1) related more closely to symptoms than absolute affluence, and (2) related to symptoms after differences in absolute affluence were held constant. However, differences in family material assets, whether they are measured in absolute or relative terms, account for a significant variation in adolescent psychosomatic symptoms. Conceptual and empirical issues relating to the use of material affluence indices to estimate socioeconomic position are discussed. Copyright © 2013 Elsevier Ltd. All rights reserved.

  16. Absolute Navigation Information Estimation for Micro Planetary Rovers

    Directory of Open Access Journals (Sweden)

    Muhammad Ilyas

    2016-03-01

    Full Text Available This paper provides algorithms to estimate absolute navigation information, e.g., absolute attitude and position, by using low power, weight and volume Microelectromechanical Systems-type (MEMS sensors that are suitable for micro planetary rovers. Planetary rovers appear to be easily navigable robots due to their extreme slow speed and rotation but, unfortunately, the sensor suites available for terrestrial robots are not always available for planetary rover navigation. This makes them difficult to navigate in a completely unexplored, harsh and complex environment. Whereas the relative attitude and position can be tracked in a similar way as for ground robots, absolute navigation information, unlike in terrestrial applications, is difficult to obtain for a remote celestial body, such as Mars or the Moon. In this paper, an algorithm called the EASI algorithm (Estimation of Attitude using Sun sensor and Inclinometer is presented to estimate the absolute attitude using a MEMS-type sun sensor and inclinometer, only. Moreover, the output of the EASI algorithm is fused with MEMS gyros to produce more accurate and reliable attitude estimates. An absolute position estimation algorithm has also been presented based on these on-board sensors. Experimental results demonstrate the viability of the proposed algorithms and the sensor suite for low-cost and low-weight micro planetary rovers.

  17. Study evaluating the status quo and the legal implications of third party liability for the European Security Industry

    NARCIS (Netherlands)

    Bergkamp, L.; Faure, M.G.; Hinteregger, M.; Philipsen, N.J.

    2013-01-01

    Third party liability has been identified as an issue that could adversely impact the European security industry. Limitless third party liability for security product and services is believed to have the potential to reduce investments in innovation. In the US, the Safety Act (discussed in this

  18. 12 CFR 987.7 - Liability of Banks, Finance Board, Office of Finance and Federal Reserve Banks.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Liability of Banks, Finance Board, Office of Finance and Federal Reserve Banks. 987.7 Section 987.7 Banks and Banking FEDERAL HOUSING FINANCE BOARD OFFICE OF FINANCE BOOK-ENTRY PROCEDURE FOR CONSOLIDATED OBLIGATIONS § 987.7 Liability of Banks,...

  19. Study evaluating the status quo and the legal implications of third party liability for the European Security Industry

    NARCIS (Netherlands)

    Bergkamp, L.; Faure, M.G.; Hinteregger, M.; Philipsen, N.J.

    2013-01-01

    Third party liability has been identified as an issue that could adversely impact the European security industry. Limitless third party liability for security product and services is believed to have the potential to reduce investments in innovation. In the US, the Safety Act (discussed in this stud

  20. 75 FR 76079 - Purchase of Branch Office(s) and/or Transfer of Assets/Liabilities

    Science.gov (United States)

    2010-12-07

    ... Office of Thrift Supervision Purchase of Branch Office(s) and/or Transfer of Assets/ Liabilities AGENCY... invite comments on the following information collection. Title of Proposal: Purchase of Branch Office(s... information for a Purchase of Branch Office(s) and/or Transfer of Assets/Liabilities application is to...

  1. An analysis of PILT-related payments and likely property tax liability of Federal resource management lands

    Science.gov (United States)

    Ervin G. Schuster; Paul R. Beckley; Jennifer M. Bushur; Krista M. Gebert; Michael J. Niccolucci

    1999-01-01

    This report stems from Congressional concern over the equivalency between Federal payments to counties containing Federal resource management lands, the likely tax liability, and other county-level benefits and costs associated with those lands. Results indicate that the overall tax liability on Federal lands is almost three times the Federal payments. A survey of...

  2. A signal for an abuse liability for pregabalin?results from the Swedish spontaneous adverse drug reaction reporting system

    OpenAIRE

    Schwan, Sofie; Sundström, Anders; Stjernberg, Elisabet; Hallberg, Ebba; Hallberg, Pär

    2010-01-01

    Abstract Purpose Pregabalin is a gamma-aminobutyric acid (GABA) analogue approved for the treatment of epilepsy, neuropathic pain and generalised anxiety disorder. As a GABA analogue, there has been some concern about an abuse liability. We aimed to investigate the possible abuse liability of pregabalin. Methods By applying a Bayesian data-mining algorithm to reports of possible drug abuse or addiction in ...

  3. 26 CFR 1.752-6 - Partnership assumption of partner's section 358(h)(3) liability after October 18, 1999, and...

    Science.gov (United States)

    2010-04-01

    ... general. If, in a transaction described in section 721(a), a partnership assumes a liability (defined in... partnership is the fair market value of that interest increased by the partner's share of partnership...) does not apply to an assumption of a liability (defined in section 358(h)(3)) by a partnership as part...

  4. 论监护人侵权责任的承担%Guardians' Assumption of Torts Liability

    Institute of Scientific and Technical Information of China (English)

    周欣超

    2011-01-01

    A person without or with limited civil liability capacity causes damages to others, his or her guardian should assume the liability, but if the ward possess property, he or she should assume the liability on their own. There are no rules of civil liability capacity in China law, the law does not distinguish guardians from wards when it comes to the assumption of liability, and there are disputes about principle of imputation in theory and judicial practice. Doctrine of fault presumption should be applied to guardians' torts liability, on one hand the wards ought to be protected, on the other also should be considered. The introduction and popularization of family liahilitv insurance will contribute to the solve the disputes.%无民事行为能力人、限制民事行为能力人致人损害,产生的赔偿责任由监护人承担,被监护人有财产的例外。因我国立法中没有责任能力的规定,没有区分承担侵权责任的主体,司法实践和理论上对监护人侵权责任的归责原则亦有争议。监护人的侵权责任应当适用过错推定责任原则,一方面要保护被监护人,另一方面也要注重受害人利益的平衡。家庭责任保险的引入和推广,能够有助于这一争议的解决。

  5. Liability for damage caused by shortage and failure to use necessary medical devices

    Directory of Open Access Journals (Sweden)

    Cvetković Mihajlo

    2014-01-01

    Full Text Available In order to provide for successful, safe and high quality medical services, health care institutions need to be equipped with adequate medical devices. For this reason, every medical institution is legally obliged to have relevant medical devices. In case a patient has been deprived of some medical service for the lack of necessary medical devices (which the institution has been obliged to provide, the medical institution is responsible for the damage and harm sustained by the patient. The responsibility implies non-contractual liability (in tort law or pre-contractual liability (in contract law. In both cases, the liability is based on the presumed culpability. In order to be excluded from liability, the medical institution has to prove that the patient has been deprived of medical service (or that the institution has refused to enter into a medical service provider agreement on justifiable grounds, i.e. due to the lack of necessary medical devices. On the other hand, in case the medial institutions fail to provide needed care or violate their obligation to use medical devices when necessary, it is regarded as medical negligence (professional error. In most cases, it implies the liability of medical institutions for damage, injury or harm caused to the patient by medical services provided without applying a relevant medical device, whose use has been medically indicated. The liability is even more substantial in cases where the medical device has been available but the medical institutions has not applied it in medial treatment (even though its use has been medically indicated; such conduct is qualified as gross negligence.

  6. Liability and the Relationship With Accounting Conservatism Among Companies Listed at Tehran Stock Exchange

    Directory of Open Access Journals (Sweden)

    Farideh Derakhshan

    2014-06-01

    Full Text Available The resent study aims at investigating the relationship between liability and accounting conservatism, while having in mind the primary goal of management as to maximize shareholders’ wealth. Financial statements of 80 companies listed at Tehran Stock Exchange from 2006 to 2011 were analyzed. The companies in order to satisfy higher return should have adequate and appropriate financial resources, which are provided by using financial instruments such as liability and stock. Population of the study accounts for 80 companies listed at Tehran Stock Exchange, among which 68 were chosen through elimination sampling method. Hypotheses of the study were tested using multivariate regression model and T-test.

  7. NOVATION, WAY OF MODIFYING THE LIABILITIES – THEORETICAL AND PRACTICAL ASPECTS

    Directory of Open Access Journals (Sweden)

    GABRIEL BOROI

    2012-05-01

    Full Text Available Although largely treated by the scholars in their writings, the novation is not a common practice in the Romanian juridical area. As a definition, the novation represents that juridical mechanism through which the parties of an agreement decide to replace a pre-existent valid liability with a new liability, by observing certain conditions. The purpose of this paper is, mainly, to highlight the amendments brought by the New Civil Code and to explain their impact on the operation under discussion.

  8. Liability of Banking Institutions for the Payment of Forged or Altered Checks in Colombia

    Directory of Open Access Journals (Sweden)

    Jorge Alberto Padilla Sánchez

    2017-07-01

    Full Text Available We face a trend to turn liability of financial institutions to strict liability for breach of their contractual obligations, trend that has been extended by the Colombian judicial activity to situations that do not have legal grounds, under the pretext of protecting the financial consumer as a subject of special protection by the law. Perhaps one of the most emblematic cases of this trend is the responsibility of banking institutions for payment of counterfeit or adulterated checks, which does have a legal mandate that allows distinguish it from the general system of responsibility of such entities.

  9. Correlates of MSW Students’ Perceptions of Preparedness to Manage Risk and Personal Liability

    Directory of Open Access Journals (Sweden)

    Michael N. Kane

    2002-12-01

    Full Text Available Few studies in the discipline of social work have identified correlates of preparedness to manage risk and personal liability among practitioners or students. This study investigated predictors of MSW students’ perceptions of managing personal risk and liability (N=116. Four correlates were identified from the standard regression model that accounts for 43% of the adjusted variance. These predictor variables included: (a concern and worry about lawsuits (Beta=-.458, p=.00, (b understanding the fit between client advocacy and managed care (Beta=.328,p=.00, (c understanding agency documentation requirements (Beta=-.164, p=.05, and (d perceptions of field preparation for documentation (Beta=.162, p=.05. Implications are discussed.

  10. Does Online Cross-border Shopping Affect State Use Tax Liabilities?

    OpenAIRE

    James Alm; Melnik, Mikhail I.

    2012-01-01

    How does online cross-border shopping affect state use tax liabilities? We collect our own data on actual online cross-border shopping transactions from eBay.com, focusing upon a "representative" commodity classification and a "typical" day. These data allow us to examine the extent of actual online cross-border shopping by buyers, and the subsequent potential impact on state use tax liabilities of buyers. Our results indicate that online cross-border shopping is highly prevalent on eBay, wit...

  11. Convulsive liability of bupropion hydrochloride metabolites in Swiss albino mice

    Directory of Open Access Journals (Sweden)

    McMahon Louis

    2008-10-01

    Full Text Available Abstract Background It is known that following chronic dosing with bupropion HCl active metabolites are present in plasma at levels that are several times higher than that of the parent drug, but the possible convulsive effects of the major metabolites are not known. Methods We investigated the convulsive liability and dose-response of the three major bupropion metabolites following intraperitoneal administration of single doses in female Swiss albino mice, namely erythrohydrobupropion HCl, threohydrobupropion HCl, and hydroxybupropion HCl. We compared these to bupropion HCl. The actual doses of the metabolites administered to mice (n = 120; 10 per dose group were equimolar equivalents of bupropion HCl 25, 50 and 75 mg/kg. Post treatment, all animals were observed continuously for 2 h during which the number, time of onset, duration and intensity of convulsions were recorded. The primary outcome variable was the percentage of mice in each group who had a convulsion at each dose. Other outcome measures were the time to onset of convulsions, mean convulsions per mouse, and the duration and intensity of convulsions. Results All metabolites were associated with a greater percentage of seizures compared to bupropion, but the percentage of convulsions differed between metabolites. Hydroxybupropion HCl treatment induced the largest percentage of convulsing mice (100% at both 50 and 75 mg/kg followed by threohydrobupropion HCl (50% and 100%, and then erythrohydrobupropion HCl (10% and 90%, compared to bupropion HCl (0% and 10%. Probit analysis also revealed the dose-response curves were significantly different (p 50 values of 35, 50, 61 and 82 mg/kg, respectively for the four different treatments. Cox proportional hazards model results showed that bupropion HCl, erythrohydrobupropion HCl, and threohydrobupropion HCl were significantly less likely to induce convulsions within the 2-h post treatment observation period compared to hydroxybupropion HCl. The

  12. Absolute distance sensing by two laser optical interferometry.

    Science.gov (United States)

    Thurner, Klaus; Braun, Pierre-François; Karrai, Khaled

    2013-11-01

    We have developed a method for absolute distance sensing by two laser optical interferometry. A particularity of this technique is that a target distance is determined in absolute and is no longer limited to within an ambiguity range affecting usually multiple wavelength interferometers. We implemented the technique in a low-finesse Fabry-Pérot miniature fiber based interferometer. We used two diode lasers, both operating in the 1550 nm wavelength range. The wavelength difference is chosen to create a 25 μm long periodic beating interferometric pattern allowing a nanometer precise position measurement but limited to within an ambiguity range of 25 μm. The ambiguity is then eliminated by scanning one of the wavelengths over a small range (3.4 nm). We measured absolute distances in the sub-meter range and this with just few nanometer repeatability.

  13. Abelian varieties with many endomorphisms and their absolutely simple factors

    CERN Document Server

    Guitart, Xavier

    2011-01-01

    We characterize the abelian varieties arising as absolutely simple factors of GL2-type varieties over a number field k. In order to obtain this result, we study a wider class of abelian varieties: the k-varieties A/k satisfying that $\\End_k^0(A)$ is a maximal subfield of $\\End_k^0(A)$. We call them Ribet-Pyle varieties over k. We see that every Ribet-Pyle variety over k is isogenous over $\\bar k$ to a power of an abelian k-variety and, conversely, that every abelian k-variety occurs as the absolutely simple factor of some Ribet-Pyle variety over k. We deduce from this correspondence a precise description of the absolutely simple factors of the varieties over k of GL2-type.

  14. Absolute Uniqueness of Phase Retrieval with Random Illumination

    CERN Document Server

    Fannjiang, Albert

    2011-01-01

    Random phase or amplitude illumination is proposed to remove at once all types of ambiguity, trivial or nontrivial, at once from phase retrieval. Almost sure irreducibility is proved for {\\em any} complex-valued object of arbitrary sparsity. While this irreducibility result can be viewed as a probabilistic version of the classical result by Bruck, Sodin and Hayes, it provides a new perspective and an effective method for achieving absolute uniqueness in phase retrieval for {\\em every} object, not just objects outside of a measure-zero set. In particular, almost sure absolute uniqueness is proved for complex-valued objects under a general two-point assumption. For objects of nonnegative real and imaginary parts, absolute uniqueness is proved to hold with probability exponentially close to unity as the object sparsity increases.

  15. The mixed Littlewood conjecture for pseudo-absolute values

    CERN Document Server

    Harrap, Stephen

    2010-01-01

    In this paper we prove the mixed Littlewood conjecture for a p-adic absolute value and any pseudo-absolute value with bounded ratios. More precisely we show that if p is a prime and D is a pseudo-absolute value sequence with elements divisible by finitely many primes not equal to p, and if the terms of D grow more slowly than the exponential of a polynomial then the infimum over natural numbers n of the quantity n.|n|_p.|n|_D.||nx|| equals 0 for all real x. Our proof relies on two deep results, a measure rigidity theorem due to Lindenstrauss and lower bounds for linear forms in logarithms due to Baker and Wustholz. We also deduce the answer to the related metric question of how fast the infimum above tends to zero, for almost every x.

  16. Determination of absolute adsorption in highly ordered porous media

    Science.gov (United States)

    Mertens, Florian O.

    2009-06-01

    Recently developed Metal Organic Frameworks (MOFs) are the materials with the highest intrinsic surface areas to date and their discovery increased the research activity in the field of microporous adsorption materials significantly. In this contribution, a generic method of analysis for volumetrically measured adsorption isotherms is presented that separates absolute adsorption from excess adsorption to the best possible degree by representing the absolute adsorption isotherm by a superposition of in respect to pressure strictly monotonously increasing fitting function. The procedure allows to determine the heat of adsorption at constant gas uptake via implicitly defined quantities. The method was applied to adsorption data of hydrogen on MOF-5 ranging from 40 K to 200 K. Methane adsorption on MOF-5 was used to demonstrate that the common practice of neglecting the difference between excess and absolute adsorption leads to erroneously increased heat of adsorption values at high coverages and temperatures.

  17. Absolute and Relative Socioeconomic Health Inequalities across Age Groups.

    Directory of Open Access Journals (Sweden)

    Sander K R van Zon

    Full Text Available The magnitude of socioeconomic health inequalities differs across age groups. It is less clear whether socioeconomic health inequalities differ across age groups by other factors that are known to affect the relation between socioeconomic position and health, like the indicator of socioeconomic position, the health outcome, gender, and as to whether socioeconomic health inequalities are measured in absolute or in relative terms. The aim is to investigate whether absolute and relative socioeconomic health inequalities differ across age groups by indicator of socioeconomic position, health outcome and gender.The study sample was derived from the baseline measurement of the LifeLines Cohort Study and consisted of 95,432 participants. Socioeconomic position was measured as educational level and household income. Physical and mental health were measured with the RAND-36. Age concerned eleven 5-years age groups. Absolute inequalities were examined by comparing means. Relative inequalities were examined by comparing Gini-coefficients. Analyses were performed for both health outcomes by both educational level and household income. Analyses were performed for all age groups, and stratified by gender.Absolute and relative socioeconomic health inequalities differed across age groups by indicator of socioeconomic position, health outcome, and gender. Absolute inequalities were most pronounced for mental health by household income. They were larger in younger than older age groups. Relative inequalities were most pronounced for physical health by educational level. Gini-coefficients were largest in young age groups and smallest in older age groups.Absolute and relative socioeconomic health inequalities differed cross-sectionally across age groups by indicator of socioeconomic position, health outcome and gender. Researchers should critically consider the implications of choosing a specific age group, in addition to the indicator of socioeconomic position and

  18. Neural Sensitivity to Absolute and Relative Anticipated Reward in Adolescents

    Science.gov (United States)

    Vaidya, Jatin G.; Knutson, Brian; O'Leary, Daniel S.; Block, Robert I.; Magnotta, Vincent

    2013-01-01

    Adolescence is associated with a dramatic increase in risky and impulsive behaviors that have been attributed to developmental differences in neural processing of rewards. In the present study, we sought to identify age differences in anticipation of absolute and relative rewards. To do so, we modified a commonly used monetary incentive delay (MID) task in order to examine brain activity to relative anticipated reward value (neural sensitivity to the value of a reward as a function of other available rewards). This design also made it possible to examine developmental differences in brain activation to absolute anticipated reward magnitude (the degree to which neural activity increases with increasing reward magnitude). While undergoing fMRI, 18 adolescents and 18 adult participants were presented with cues associated with different reward magnitudes. After the cue, participants responded to a target to win money on that trial. Presentation of cues was blocked such that two reward cues associated with $.20, $1.00, or $5.00 were in play on a given block. Thus, the relative value of the $1.00 reward varied depending on whether it was paired with a smaller or larger reward. Reflecting age differences in neural responses to relative anticipated reward (i.e., reference dependent processing), adults, but not adolescents, demonstrated greater activity to a $1 reward when it was the larger of the two available rewards. Adults also demonstrated a more linear increase in ventral striatal activity as a function of increasing absolute reward magnitude compared to adolescents. Additionally, reduced ventral striatal sensitivity to absolute anticipated reward (i.e., the difference in activity to medium versus small rewards) correlated with higher levels of trait Impulsivity. Thus, ventral striatal activity in anticipation of absolute and relative rewards develops with age. Absolute reward processing is also linked to individual differences in Impulsivity. PMID:23544046

  19. Absolute small-angle measurement based on optical feedback interferometry

    Institute of Scientific and Technical Information of China (English)

    Jingang Zhong; Xianhua Zhang; Zhixiang Ju

    2008-01-01

    We present a simple but effective method for small-angle measurement based on optical feedback inter-ferometry (or laser self-mixing interferometry). The absolute zero angle can be defined at the biggest fringe amplitude point, so this method can also achieve absolute angle measurement. In order to verify the method, we construct an angle measurement system. The Fourier-transform method is used to analysis the interference signal. Rotation angles are experimentally measured with a resolution of 10-6 rad and a measurement range of approximately from -0.0007 to +0.0007 rad.

  20. Improved Absolute Radiometric Calibration of a UHF Airborne Radar

    Science.gov (United States)

    Chapin, Elaine; Hawkins, Brian P.; Harcke, Leif; Hensley, Scott; Lou, Yunling; Michel, Thierry R.; Moreira, Laila; Muellerschoen, Ronald J.; Shimada, Joanne G.; Tham, Kean W.; hide

    2015-01-01

    The AirMOSS airborne SAR operates at UHF and produces fully polarimetric imagery. The AirMOSS radar data are used to produce Root Zone Soil Moisture (RZSM) depth profiles. The absolute radiometric accuracy of the imagery, ideally of better than 0.5 dB, is key to retrieving RZSM, especially in wet soils where the backscatter as a function of soil moisture function tends to flatten out. In this paper we assess the absolute radiometric uncertainty in previously delivered data, describe a method to utilize Built In Test (BIT) data to improve the radiometric calibration, and evaluate the improvement from applying the method.

  1. Absolute, Extreme-Ultraviolet, Solar Spectral Irradiance Monitor (AESSIM)

    Science.gov (United States)

    Huber, Martin C. E.; Smith, Peter L.; Parkinson, W. H.; Kuehne, M.; Kock, M.

    1988-01-01

    AESSIM, the Absolute, Extreme-Ultraviolet, Solar Spectral Irradiance Monitor, is designed to measure the absolute solar spectral irradiance at extreme-ultraviolet (EUV) wavelengths. The data are required for studies of the processes that occur in the earth's upper atmosphere and for predictions of atmospheric drag on space vehicles. AESSIM is comprised of sun-pointed spectrometers and newly-developed, secondary standards of spectral irradiance for the EUV. Use of the in-orbit standard sources will eliminate the uncertainties caused by changes in spectrometer efficiency that have plagued all previous measurements of the solar spectral EUV flux.

  2. Properties of Absolute Stability in the Presence of Time Lags

    Directory of Open Access Journals (Sweden)

    M. De la Sen

    2005-01-01

    Full Text Available This study is concerned with the properties of absolute stability independent of the delays of time-delay systems, possessing non commensurate internal point delays, for any nonlinearity satisfying a Popov’s- type time positivity inequality. That property holds if an associate delay-free system is absolutely stable and the size of the delayed dynamics is sufficiently small. The results are obtained for nonlinearities belonging to sectors [0, k] and [h, k+h], and are based on a parabola test type.

  3. Stability comparison of two absolute gravimeters: optical versus atomic interferometers

    CERN Document Server

    Gillot, Pierre; Landragin, Arnaud; Santos, Franck Pereira Dos; Merlet, Sébastien

    2014-01-01

    We report the direct comparison between the stabilities of two mobile absolute gravimeters of different technology: the LNE-SYRTE Cold Atom Gravimeter and FG5X\\#216 of the Universit\\'e du Luxembourg. These instruments rely on two different principles of operation: atomic and optical interferometry. The comparison took place in the Walferdange Underground Laboratory for Geodynamics in Luxembourg, at the beginning of the last International Comparison of Absolute Gravimeters, ICAG-2013. We analyse a 2h10 duration common measurement, and find that the CAG shows better immunity with respect to changes in the level of vibration noise, as well as a slightly better short term stability.

  4. Absolute cross-sections from X-{gamma} coincidence measurements

    Energy Technology Data Exchange (ETDEWEB)

    Lemasson, A. [GANIL, CEA/DSM - CNRS/IN2P3, Bd Henri Becquerel, BP 55027, F-14076 Caen Cedex 5 (France); Shrivastava, A. [Nuclear Physics Division, Bhabha Atomic Research Centre, Mumbai 400085 (India); Navin, A. [GANIL, CEA/DSM - CNRS/IN2P3, Bd Henri Becquerel, BP 55027, F-14076 Caen Cedex 5 (France)], E-mail: navin@ganil.fr; Rejmund, M. [GANIL, CEA/DSM - CNRS/IN2P3, Bd Henri Becquerel, BP 55027, F-14076 Caen Cedex 5 (France); Nanal, V. [Department of Nuclear and Atomic Physics, Tata Institute of Fundamental Research, Mumbai 400005 (India); Bhattacharyya, S. [Variable Energy Cyclotron Centre, 1/AF Bidhan Nagar, Kolkata 700064 (India); Chatterjee, A.; Kailas, S.; Mahata, K.; Parkar, V.V. [Nuclear Physics Division, Bhabha Atomic Research Centre, Mumbai 400085 (India); Pillay, R.G. [Department of Nuclear and Atomic Physics, Tata Institute of Fundamental Research, Mumbai 400005 (India); Ramachandran, K.; Rout, P.C. [Nuclear Physics Division, Bhabha Atomic Research Centre, Mumbai 400085 (India)

    2009-01-11

    An activation technique using coincidences between characteristic X-rays and {gamma}-rays to obtain absolute cross-sections is described. This method is particularly useful in the case of nuclei that decay by electron capture. In addition to the reduction of possible contamination, an improved detection sensitivity is achieved as compared to inclusive measurements, thereby allowing the extraction of absolute fusion cross-sections in the nano-barn range. Results of this technique for {sup 6}Li+{sup 198}Pt system, at energies around the Coulomb barrier are described. Future applications with low intensity radioactive ion beams are also discussed.

  5. Total Synthesis and Absolute Configuration of the Marine Norditerpenoid Xestenone

    Directory of Open Access Journals (Sweden)

    Hiroaki Miyaoka

    2009-11-01

    Full Text Available Xestenone is a marine norditerpenoid found in the northeastern Pacific sponge Xestospongia vanilla. The relative configuration of C-3 and C-7 in xestenone was determined by NOESY spectral analysis. However the relative configuration of C-12 and the absolute configuration of this compound were not determined. The authors have now achieved the total synthesis of xestenone using their developed one-pot synthesis of cyclopentane derivatives employing allyl phenyl sulfone and an epoxy iodide as a key step. The relative and absolute configurations of xestenone were thus successfully determined by this synthesis.

  6. Extending the Life Time of a Nuclear Power Plant: Impact on Nuclear Liabilities in the Czech Republic

    Directory of Open Access Journals (Sweden)

    L. Havlíček

    2007-01-01

    Full Text Available Nuclear power plant (NPP operators have several basic long-term liabilities. Such liabilities include storage, treatment and disposal of radioactive waste generated at the operators’ NPP, storage and management of nuclear fuel irradiated in the reactor of the operator’s NPP (“spent fuel”, disposal of the spent fuel (SF or residues resulting from spent fuel reprocessing. Last but not least, the operator is liable for decommissioning its nuclear facilities. If the operator considers extending the life time of its NPP or if the construction of a new NPP is being evaluated by an investor, an integral part of the economic evaluation must be a comprehensive assessment of future incremental costs related to the above-mentioned long-term liabilities. An economic evaluation performed by standard methods (usually NPV, alternatively real options leads to a decision either to proceed with the project or to shelve it. If the investor decides to go ahead with the project there can be an immediate impact on nuclear liabilities. The impact is not the same for all operator liabilities. Depending on the valid legislation and the nature of the liability, in some cases the extent of the liability must be immediately recalculated when a decision is made to proceed with the project, and the annual accrual of accumulated reserves / funds must be adjusted. In other cases, the change in liability is linked to the generation of additional radioactive waste or spent fuel. In the Czech Republic, responsibility for each of the nuclear liabilities is defined, as is the form in which the financial means are to be accumulated. This paper deals with the impact of NPP life time extension (alternatively NPP power up-rate or construction of a new NPP on individual nuclear liabilities in the conditions of the Czech Republic. 

  7. Fabricating the absolute fake: America in contemporary pop culture

    NARCIS (Netherlands)

    Kooijman, J.

    2008-01-01

    Onze wereld wordt gedomineerd door de Amerikaanse popcultuur. Fabricating the Absolute Fake onderzoekt de dynamiek van Amerikanisering aan de hand van hedendaagse films, televisieprogramma's en popsterren die reflecteren op de vraag wat het betekent om Amerikaan in een mondiale popcultuur te zijn. J

  8. Confirmation of the absolute configuration of (−)-aurantioclavine

    KAUST Repository

    Behenna, Douglas C.

    2011-04-01

    We confirm our previous assignment of the absolute configuration of (-)-aurantioclavine as 7R by crystallographically characterizing an advanced 3-bromoindole intermediate reported in our previous synthesis. This analysis also provides additional support for our model of enantioinduction in the palladium(II)-catalyzed oxidative kinetic resolution of secondary alcohols. © 2010 Elsevier Ltd. All rights reserved.

  9. Ophthalmoplegic migraine. Two patients with an absolute response to indomethacin.

    Science.gov (United States)

    Pareja, J A; Churruca, J; de la Casa Fages, B; de Silanes, C López; Sánchez, C; Barriga, F J

    2010-06-01

    Two patients suffering from ophthalmoplegic migraine had a strictly unilateral headache absolutely responsive to indomethacin, but not to other non-steroidal anti-inflammatory drugs, analgesics or corticosteroids. Such observations raise a therapeutic alternative and suggest that ophthalmoplegic migraine may present with different headache phenotypes.

  10. Partial sums of arithmetical functions with absolutely convergent Ramanujan expansions

    Indian Academy of Sciences (India)

    BISWAJYOTI SAHA

    2016-08-01

    For an arithmetical function $f$ with absolutely convergent Ramanujan expansion, we derive an asymptotic formula for the $\\sum_{n\\leq N}$ f(n)$ with explicit error term. As a corollary we obtain new results about sum-of-divisors functions and Jordan’s totient functions.

  11. On absolute stability of nonlinear systems with small delays

    Directory of Open Access Journals (Sweden)

    M. I. Gil

    1998-01-01

    Full Text Available Nonlinear nonautonomous retarded systems with separated autonomous linear parts and continuous nonlinear ones are considered. It is assumed that deviations of the argument are sufficiently small. Absolute stability conditions are derived. They are formulated in terms of eigenvalues of auxiliary matrices.

  12. Urey: to measure the absolute age of Mars

    Science.gov (United States)

    Randolph, J. E.; Plescia, J.; Bar-Cohen, Y.; Bartlett, P.; Bickler, D.; Carlson, R.; Carr, G.; Fong, M.; Gronroos, H.; Guske, P. J.; hide

    2003-01-01

    UREY, a proposed NASA Mars Scout mission will, for the first time, measure the absolute age of an identified igneous rock formation on Mars. By extension to relatively older and younger rock formations dated by remote sensing, these results will enable a new and better understanding of Martian geologic history.

  13. Lyman alpha SMM/UVSP absolute calibration and geocoronal correction

    Science.gov (United States)

    Fontenla, Juan M.; Reichmann, Edwin J.

    1987-01-01

    Lyman alpha observations from the Ultraviolet Spectrometer Polarimeter (UVSP) instrument of the Solar Maximum Mission (SMM) spacecraft were analyzed and provide instrumental calibration details. Specific values of the instrument quantum efficiency, Lyman alpha absolute intensity, and correction for geocoronal absorption are presented.

  14. Absolute configuration and antiprotozoal activity of minquartynoic acid

    DEFF Research Database (Denmark)

    Rasmussen, H B; Christensen, Søren Brøgger; Kvist, L P;

    2000-01-01

    Minquartynoic acid (1) was isolated as an antimalarial and antileishmanial constituent of the Peruvian tree Minquartia guianensis and its absolute configuration at C-17 established to be (+)-S through conversion to the known (+)-(S)-17-hydroxystearic acid (2) and confirmed using Mosher's method....

  15. Individual Differences in Absolute and Relative Metacomprehension Accuracy

    Science.gov (United States)

    Maki, Ruth H.; Shields, Micheal; Wheeler, Amanda Easton; Zacchilli, Tammy Lowery

    2005-01-01

    The authors investigated absolute and relative metacomprehension accuracy as a function of verbal ability in college students. Students read hard texts, revised texts, or a mixed set of texts. They then predicted their performance, took a multiple-choice test on the texts, and made posttest judgments about their performance. With hard texts,…

  16. Absolute luminosity measurements with the LHCb detector at the LHC

    CERN Document Server

    Aaij, R; Adinolfi, M; Adrover, C; Affolder, A; Ajaltouni, Z; Albrecht, J; Alessio, F; Alexander, M; Alkhazov, G; Alvarez Cartelle, P; Alves, A A; Amato, S; Amhis, Y; Anderson, J; Appleby, R B; Aquines Gutierrez, O; Archilli, F; Arrabito, L; Artamonov, A; Artuso, M; Aslanides, E; Auriemma, G; Bachmann, S; Back, J J; Bailey, D S; Balagura, V; Baldini, W; Barlow, R J; Barschel, C; Barsuk, S; Barter, W; Bates, A; Bauer, C; Bauer, Th; Bay, A; Bediaga, I; Belous, K; Belyaev, I; Ben-Haim, E; Benayoun, M; Bencivenni, G; Benson, S; Benton, J; Bernet, R; Bettler, M-O; van Beuzekom, M; Bien, A; Bifani, S; Bizzeti, A; Bjørnstad, P M; Blake, T; Blanc, F; Blanks, C; Blouw, J; Blusk, S; Bobrov, A; Bocci, V; Bondar, A; Bondar, N; Bonivento, W; Borghi, S; Borgia, A; Bowcock, T J V; Bozzi, C; Brambach, T; van den Brand, J; Bressieux, J; Brett, D; Brisbane, S; Britsch, M; Britton, T; Brook, N H; Brown, H; Büchler-Germann, A; Burducea, I; Bursche, A; Buytaert, J; Cadeddu, S; Caicedo Carvajal, J M; Callot, O; Calvi, M; Calvo Gomez, M; Camboni, A; Campana, P; Carbone, A; Carboni, G; Cardinale, R; Cardini, A; Carson, L; Carvalho Akiba, K; Casse, G; Cattaneo, M; Charles, M; Charpentier, Ph; Chiapolini, N; Ciba, K; Cid Vidal, X; Ciezarek, G; Clarke, P E L; Clemencic, M; Cliff, H V; Closier, J; Coca, C; Coco, V; Cogan, J; Collins, P; Constantin, F; Conti, G; Contu, A; Cook, A; Coombes, M; Corti, G; Cowan, G A; Currie, R; D'Almagne, B; D'Ambrosio, C; David, P; De Bonis, I; De Capua, S; De Cian, M; De Lorenzi, F; De Miranda, J M; De Paula, L; De Simone, P; Decamp, D; Deckenhoff, M; Degaudenzi, H; Deissenroth, M; Del Buono, L; Deplano, C; Deschamps, O; Dettori, F; Dickens, J; Dijkstra, H; Diniz Batista, P; Donleavy, S; Dordei, F; Dosil Suárez, A; Dossett, D; Dovbnya, A; Dupertuis, F; Dzhelyadin, R; Eames, C; Easo, S; Egede, U; Egorychev, V; Eidelman, S; van Eijk, D; Eisele, F; Eisenhardt, S; Ekelhof, R; Eklund, L; Elsasser, Ch; d'Enterria, D G; Esperante Pereira, D; Estève, L; Falabella, A; Fanchini, E; Färber, C; Fardell, G; Farinelli, C; Farry, S; Fave, V; Fernandez Albor, V; Ferro-Luzzi, M; Filippov, S; Fitzpatrick, C; Fontana, M; Fontanelli, F; Forty, R; Frank, M; Frei, C; Frosini, M; Furcas, S; Gallas Torreira, A; Galli, D; Gandelman, M; Gandini, P; Gao, Y; Garnier, J-C; Garofoli, J; Garra Tico, J; Garrido, L; Gaspar, C; Gauvin, N; Gersabeck, M; Gershon, T; Ghez, Ph; Gibson, V; Gligorov, V V; Göbel, C; Golubkov, D; Golutvin, A; Gomes, A; Gordon, H; Grabalosa Gándara, M; Graciani Diaz, R; Granado Cardoso, L A; Graugés, E; Graziani, G; Grecu, A; Gregson, S; Gui, B; Gushchin, E; Guz, Yu; Gys, T; Haefeli, G; Haen, C; Haines, S C; Hampson, T; Hansmann-Menzemer, S; Harji, R; Harnew, N; Harrison, J; Harrison, P F; He, J; Heijne, V; Hennessy, K; Henrard, P; Hernando Morata, J A; van Herwijnen, E; Hicks, E; Hofmann, W; Holubyev, K; Hopchev, P; Hulsbergen, W; Hunt, P; Huse, T; Huston, R S; Hutchcroft, D; Hynds, D; Iakovenko, V; Ilten, P; Imong, J; Jacobsson, R; Jaeger, A; Jahjah Hussein, M; Jans, E; Jansen, F; Jaton, P; Jean-Marie, B; Jing, F; John, M; Johnson, D; Jones, C R; Jost, B; Kandybei, S; Karacson, M; Karbach, T M; Keaveney, J; Kerzel, U; Ketel, T; Keune, A; Khanji, B; Kim, Y M; Knecht, M; Koblitz, S; Koppenburg, P; Kozlinskiy, A; Kravchuk, L; Kreplin, K; Kreps, M; Krocker, G; Krokovny, P; Kruse, F; Kruzelecki, K; Kucharczyk, M; Kukulak, S; Kumar, R; Kvaratskheliya, T; La Thi, V N; Lacarrere, D; Lafferty, G; Lai, A; Lambert, D; Lambert, R W; Lanciotti, E; Lanfranchi, G; Langenbruch, C; Latham, T; Le Gac, R; van Leerdam, J; Lees, J-P; Lefèvre, R; Leflat, A; Lefrançois, J; Leroy, O; Lesiak, T; Li, L; Li Gioi, L; Lieng, M; Liles, M; Lindner, R; Linn, C; Liu, B; Liu, G; Lopes, J H; Lopez Asamar, E; Lopez-March, N; Luisier, J; Machefert, F; Machikhiliyan, I V; Maciuc, F; Maev, O; Magnin, J; Malde, S; Mamunur, R M D; Manca, G; Mancinelli, G; Mangiafave, N; Marconi, U; Märki, R; Marks, J; Martellotti, G; Martens, A; Martin, L; Martín Sánchez, A; Martinez Santos, D; Massafferri, A; Matev, R; Mathe, Z; Matteuzzi, C; Matveev, M; Maurice, E; Maynard, B; Mazurov, A; McGregor, G; McNulty, R; Mclean, C; Meissner, M; Merk, M; Merkel, J; Messi, R; Miglioranzi, S; Milanes, D A; Minard, M-N; Monteil, S; Moran, D; Morawski, P; Mountain, R; Mous, I; Muheim, F; Müller, K; Muresan, R; Muryn, B; Musy, M; Mylroie-Smith, J; Naik, P; Nakada, T; Nandakumar, R; Nardulli, J; Nasteva, I; Nedos, M; Needham, M; Neufeld, N; Nguyen-Mau, C; Nicol, M; Nies, S; Niess, V; Nikitin, N; Oblakowska-Mucha, A; Obraztsov, V; Oggero, S; Ogilvy, S; Okhrimenko, O; Oldeman, R; Orlandea, M; Otalora Goicochea, J M; Owen, P; Pal, B; Palacios, J; Palutan, M; Panman, J; Papanestis, A; Pappagallo, M; Parkes, C; Parkinson, C J; Passaleva, G; Patel, G D; Patel, M; Paterson, S K; Patrick, G N; Patrignani, C; Pavel-Nicorescu, C; Pazos Alvarez, A; Pellegrino, A; Penso, G; Pepe Altarelli, M; Perazzini, S; Perego, D L; Perez Trigo, E; Pérez-Calero Yzquierdo, A; Perret, P; Perrin-Terrin, M; Pessina, G; Petrella, A; Petrolini, A; Pie Valls, B; Pietrzyk, B; Pilar, T; Pinci, D; Plackett, R; Playfer, S; Plo Casasus, M; Polok, G; Poluektov, A; Polycarpo, E; Popov, D; Popovici, B; Potterat, C; Powell, A; du Pree, T; Prisciandaro, J; Pugatch, V; Puig Navarro, A; Qian, W; Rademacker, J H; Rakotomiaramanana, B; Rangel, M S; Raniuk, I; Raven, G; Redford, S; Reid, M M; dos Reis, A C; Ricciardi, S; Rinnert, K; Roa Romero, D A; Robbe, P; Rodrigues, E; Rodrigues, F; Rodriguez Perez, P; Rogers, G J; Roiser, S; Romanovsky, V; Rouvinet, J; Ruf, T; Ruiz, H; Sabatino, G; Saborido Silva, J J; Sagidova, N; Sail, P; Saitta, B; Salzmann, C; Sannino, M; Santacesaria, R; Santamarina Rios, C; Santinelli, R; Santovetti, E; Sapunov, M; Sarti, A; Satriano, C; Satta, A; Savrie, M; Savrina, D; Schaack, P; Schiller, M; Schleich, S; Schmelling, M; Schmidt, B; Schneider, O; Schopper, A; Schune, M -H; Schwemmer, R; Sciubba, A; Seco, M; Semennikov, A; Senderowska, K; Sepp, I; Serra, N; Serrano, J; Seyfert, P; Shao, B; Shapkin, M; Shapoval, I; Shatalov, P; Shcheglov, Y; Shears, T; Shekhtman, L; Shevchenko, O; Shevchenko, V; Shires, A; Silva Coutinho, R; Skottowe, H P; Skwarnicki, T; Smith, A C; Smith, N A; Sobczak, K; Soler, F J P; Solomin, A; Soomro, F; Souza De Paula, B; Spaan, B; Sparkes, A; Spradlin, P; Stagni, F; Stahl, S; Steinkamp, O; Stoica, S; Stone, S; Storaci, B; Straticiuc, M; Straumann, U; Styles, N; Subbiah, V K; Swientek, S; Szczekowski, M; Szczypka, P; Szumlak, T; T'Jampens, S; Teodorescu, E; Teubert, F; Thomas, C; Thomas, E; van Tilburg, J; Tisserand, V; Tobin, M; Topp-Joergensen, S; Tran, M T; Tsaregorodtsev, A; Tuning, N; Ubeda Garcia, M; Ukleja, A; Urquijo, P; Uwer, U; Vagnoni, V; Valenti, G; Vazquez Gomez, R; Vazquez Regueiro, P; Vecchi, S; Velthuis, J J; Veltri, M; Vervink, K; Viaud, B; Videau, I; Vilasis-Cardona, X; Visniakov, J; Vollhardt, A; Voong, D; Vorobyev, A; Voss, H; Wacker, K; Wandernoth, S; Wang, J; Ward, D R; Webber, A D; Websdale, D; Whitehead, M; Wiedner, D; Wiggers, L; Wilkinson, G; Williams, M P; Williams, M; Wilson, F F; Wishahi, J; Witek, M; Witzeling, W; Wotton, S A; Wyllie, K; Xie, Y; Xing, F; Yang, Z; Young, R; Yushchenko, O; Zavertyaev, M; Zhang, F; Zhang, L; Zhang, W C; Zhang, Y; Zhelezov, A; Zhong, L; Zverev, E; Zvyagin, A

    2012-01-01

    Absolute luminosity measurements are of general interest for colliding-beam experiments at storage rings. These measurements are necessary to determine the absolute cross-sections of reaction processes and are valuable to quantify the performance of the accelerator. LHCb has applied two methods to determine the absolute scale of its luminosity measurements for proton-proton collisions at the LHC with a centre-of-mass energy of 7 TeV. In addition to the classic ``van der Meer scan'' method a novel technique has been developed which makes use of direct imaging of the individual beams using beam-gas and beam-beam interactions. This beam imaging method is made possible by the high resolution of the LHCb vertex detector and the close proximity of the detector to the beams, and allows beam parameters such as positions, angles and widths to be determined. The results of the two methods have comparable precision and are in good agreement. Combining the two methods, an overall precision of 3.5\\% in the absolute lumi...

  17. Multipliers for the Absolute Euler Summability of Fourier Series

    Indian Academy of Sciences (India)

    Prem Chandra

    2001-05-01

    In this paper, the author has investigated necessary and sufficient conditions for the absolute Euler summability of the Fourier series with multipliers. These conditions are weaker than those obtained earlier by some workers. It is further shown that the multipliers are best possible in certain sense.

  18. Absolute Stability of Discrete-Time Systems with Delay

    Directory of Open Access Journals (Sweden)

    Medina Rigoberto

    2008-01-01

    Full Text Available We investigate the stability of nonlinear nonautonomous discrete-time systems with delaying arguments, whose linear part has slowly varying coefficients, and the nonlinear part has linear majorants. Based on the "freezing" technique to discrete-time systems, we derive explicit conditions for the absolute stability of the zero solution of such systems.

  19. Absolute magnitudes and phase coefficients of trans-Neptunian objects

    CERN Document Server

    Alvarez-Candal, A; Ortiz, J L; Duffard, R; Morales, N; Santos-Sanz, P; Thirouin, A; Silva, J S

    2015-01-01

    Context: Accurate measurements of diameters of trans-Neptunian objects are extremely complicated to obtain. Thermal modeling can provide good results, but accurate absolute magnitudes are needed to constrain the thermal models and derive diameters and geometric albedos. The absolute magnitude, Hv, is defined as the magnitude of the object reduced to unit helio- and geocentric distances and a zero solar phase angle and is determined using phase curves. Phase coefficients can also be obtained from phase curves. These are related to surface properties, yet not many are known. Aims: Our objective is to measure accurate V band absolute magnitudes and phase coefficients for a sample of trans-Neptunian objects, many of which have been observed, and modeled, within the 'TNOs are cool' program, one of Herschel Space Observatory key projects. Methods: We observed 56 objects using the V and R filters. These data, along with those available in the literature, were used to obtain phase curves and measure V band absolute m...

  20. The harmonic force field and absolute infrared intensities of diacetylene

    NARCIS (Netherlands)

    Koops, Th.; Visser, T.; Smit, W.M.A.

    1984-01-01

    The frequencies, harmonic force field and absolute IR intensities for C4H2 and C4D2 are reported. The experimental harmonized frequencies obey the Teller—Redlich product rule very well. An approximate harmonic force field was obtained from a refinement procedure in which the starting values are adj

  1. Absolute Value Inequalities: High School Students' Solutions and Misconceptions

    Science.gov (United States)

    Almog, Nava; Ilany, Bat-Sheva

    2012-01-01

    Inequalities are one of the foundational subjects in high school math curricula, but there is a lack of academic research into how students learn certain types of inequalities. This article fills part of the research gap by presenting the findings of a study that examined high school students' methods of approaching absolute value inequalities,…

  2. Two methods for absolute calibration of dynamic pressure transducers

    Science.gov (United States)

    Swift, G. W.; Migliori, A.; Garrett, S. L.; Wheatley, J. C.

    1982-12-01

    Two techniques are described for absolute calibration of a dynamic pressure transducer from 0 to 400 Hz in 1-MPa helium gas. One technique is based on a comparison to a mercury manometer; the other is based on the principle of reciprocity. The two techniques agree within the instrumental uncertainties of 1%.

  3. Absolute measurement of detector quantum efficiency using parametric downconversion.

    Science.gov (United States)

    Rarity, J G; Ridley, K D; Tapster, P R

    1987-11-01

    We show that a parametric downconversion crystal emitting angle resolved coincident photon pairs can be used to measure the absolute quantum efficiency of a photon counting detection system. We have measured the quantum efficiency of a silicon avalanche photodiode, operated in Geiger mode, as a function of operating voltage and compare this to results obtained using a conventional method.

  4. Absolute measurements of chlorine Cl+ cation single photoionization cross section

    NARCIS (Netherlands)

    Hernandez, E. M.; Juarez, A. M.; Kilcoyne, A. L. D.; Aguilar, A.; Hernandez, L.; Antillon, A.; Macaluso, D.; Morales-Mori, A.; Gonzalez-Magana, O.; Hanstorp, D.; Covington, A. M.; Davis, V.; Calabrese, D.; Hinojosa, G.

    2015-01-01

    The photoionization of Cl+ leading to Cl2+ was measured in the photon energy range of 19.5-28.0 eV. A spectrum with a photon energy resolution of 15 meV normalized to absolute cross-section measurements is presented. The measurements were carried out by merging a Cl+ ion beam with a photon beam of h

  5. Absolute measurements of chlorine Cl+ cation single photoionization cross section

    NARCIS (Netherlands)

    Hernandez, E. M.; Juarez, A. M.; Kilcoyne, A. L. D.; Aguilar, A.; Hernandez, L.; Antillon, A.; Macaluso, D.; Morales-Mori, A.; Gonzalez-Magana, O.; Hanstorp, D.; Covington, A. M.; Davis, V.; Calabrese, D.; Hinojosa, G.

    The photoionization of Cl+ leading to Cl2+ was measured in the photon energy range of 19.5-28.0 eV. A spectrum with a photon energy resolution of 15 meV normalized to absolute cross-section measurements is presented. The measurements were carried out by merging a Cl+ ion beam with a photon beam of

  6. Absolute configurations of zingiberenols isolated from ginger (Zingiber officinale) rhizomes

    Science.gov (United States)

    The sesquiterpene alcohol zingiberenol, or 1,10-bisaboladien-3-ol, was isolated some time ago from ginger, Zingiber officinale, rhizomes, but its absolute configuration had not been determined. With three chiral centers present in the molecule, zingiberenol can exist in eight stereoisomeric forms. ...

  7. Toward The Absolute Age of M92 With MIST

    Science.gov (United States)

    Choi, Jieun; Conroy, Charlie; Dotter, Aaron; Weisz, Daniel; Rosenfield, Philip; Dolphin, Andrew

    2016-08-01

    Globular clusters provide a fundamental link between stars and galaxies. For example, it has been suggested that ultra faint dwarf galaxies formed all of their stars prior to the epoch of reionization, but this conclusion hinges entirely on the striking similarity of their stellar populations to the ancient, metal-poor globular cluster M92. The accurate measurement of absolute ages of ancient globular clusters therefore has direct implications for the formation histories of the smallest galaxies in the Universe. However, a reliable determination of the absolute ages of globular clusters has proven to be a challenge due to uncertainties in stellar physics and complications in how the models are compared to observations. I will present preliminary results from a comprehensive study to measure the absolute age of M92 using high-quality HST archival imaging data. We pair our new MESA Isochrones and Stellar Tracks (MIST) models with a full CMD fitting framework to jointly fit multi-color CMDs, taking into account the uncertainties in abundances, distance, and stellar physics. The goal of this project is two-fold. First, we aim to provide the most secure absolute age of M92 to date with robustly estimated uncertainties. Second, we explore and quantify the degeneracies between uncertain physical quantities and model variables, such as the distance, mixing-length-alpha parameter, and helium abundance, with the ultimate goal of better constraining these unknowns with data from ongoing and future surveys such as K2, Gaia, TESS, JWST, and WFIRST.

  8. Europe's Other Poverty Measures: Absolute Thresholds Underlying Social Assistance

    Science.gov (United States)

    Bavier, Richard

    2009-01-01

    The first thing many learn about international poverty measurement is that European nations apply a "relative" poverty threshold and that they also do a better job of reducing poverty. Unlike the European model, the "absolute" U.S. poverty threshold does not increase in real value when the nation's standard of living rises,…

  9. Computability of Homology for Compact Absolute Neighbourhood Retracts

    NARCIS (Netherlands)

    P.J. Collins (Pieter); A. Bauer; P. Hertling; K.-I. Ko

    2009-01-01

    textabstractIn this note we discuss the information needed to compute the homology groups of a topological space. We argue that the natural class of spaces to consider are the compact absolute neighbourhood retracts, since for these spaces the homology groups are finite. We show that we need to

  10. Absolute Quantification Using Turbo Spectroscopic Imaging in Multiple Sclerosis Patients

    NARCIS (Netherlands)

    Dwihapsari, Yanurita; Mostert, J. P.; Hoogduin, J. M.

    2010-01-01

    One of the drawbacks of scanning patients using multiple-voxel spectroscopic imaging is the long acquisition time. This is especially true when one is interested in obtaining absolute metabolite concentrations which requires acquisition of unsuppressed water spectra in addition to the suppressed

  11. Fabricating the absolute fake: America in contemporary pop culture

    NARCIS (Netherlands)

    Kooijman, J.

    2008-01-01

    Onze wereld wordt gedomineerd door de Amerikaanse popcultuur. Fabricating the Absolute Fake onderzoekt de dynamiek van Amerikanisering aan de hand van hedendaagse films, televisieprogramma's en popsterren die reflecteren op de vraag wat het betekent om Amerikaan in een mondiale popcultuur te zijn.

  12. Gray- and White-Matter Anatomy of Absolute Pitch Possessors

    DEFF Research Database (Denmark)

    Dohn, Anders; Garza-Villarreal, Eduardo A.; Chakravarty, Mallar

    2015-01-01

    Absolute pitch (AP), the ability to identify a musical pitch without a reference, has been examined behaviorally in numerous studies for more than a century, yet only a few studies have examined the neuroanatomical correlates of AP. Here, we used MRI and diffusion tensor imaging to investigate...

  13. Four Years of Absolute Gravity in the Taiwan Orogen (AGTO)

    Science.gov (United States)

    Mouyen, Maxime; Masson, Frédéric; Hwang, Cheinway; Cheng, Ching-Chung; Le Moigne, Nicolas; Lee, Chiung-Wu; Kao, Ricky; Hsieh, Nicky

    2010-05-01

    AGTO is a scientific project between Taiwanese and French institutes, which aim is to improve tectonic knowledge of Taiwan primarily using absolute gravity measurements and permanent GPS stations. Both tools are indeed useful to study vertical movements and mass transfers involved in mountain building, a major process in Taiwan located at the convergent margin between Philippine Sea plate and Eurasian plate. This convergence results in two subductions north and south of Taiwan (Ryukyu and Manilla trenches, respectively), while the center is experiencing collision. These processes make Taiwan very active tectonically, as illustrated by numerous large earthquakes and rapid uplift of the Central Range. High slopes of Taiwan mountains and heavy rains brought by typhoons together lead to high landslides and mudflows risks. Practically, absolute gravity measurements have been yearly repeated since 2006 along a transect across south Taiwan, from Penghu to Lutao islands, using FG5 absolute gravimeters. This transect contains ten sites for absolute measurements and has been densified in 2008 by incorporating 45 sites for relative gravity measurements with CG5 gravimeters. The last relative and absolute measurements have been performed in November 2009. Most of the absolute sites have been measured with a good accuracy, about 1 or 2 ?Gal. Only the site located in Tainan University has higher standard deviation, due to the city noise. We note that absolute gravity changes seem to follow a trend in every site. However, straightforward tectonic interpretation of these trends is not valuable as many non-tectonic effects are supposed to change g with time, like groundwater or erosion. Estimating and removing these effects leads to a tectonic gravity signal, which has theoretically two origins : deep mass transfers around the site and vertical movements of the station. The latter can be well constrained by permanent GPS stations located close to the measurement pillar. Deep mass

  14. European Legal Developments in Product Liability and Product Safety and the Total Quality Management Approach

    NARCIS (Netherlands)

    Brack, Antoni; Gieskes, J.F.B.

    1990-01-01

    The purpose of this paper is to show that Product Liability (PL) and Product Safety (PS) are relevant categories in terms of the Total Quality Management literature. From a societal point of view PL and PS are two sides of a coin. The effects of the PL and PS regulation on companies are described

  15. Hosting providers' liability: Cour de cassation puts an end to the notice and stay down rule

    NARCIS (Netherlands)

    Jasserand, C.

    2013-01-01

    In applying the rules on hosting providers' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was c

  16. 48 CFR 1852.228-76 - Cross-waiver of liability for space station activities.

    Science.gov (United States)

    2010-10-01

    ... for space station activities. 1852.228-76 Section 1852.228-76 Federal Acquisition Regulations System... CLAUSES Texts of Provisions and Clauses 1852.228-76 Cross-waiver of liability for space station activities... Space Station Activities (DEC 1994) (a) The Intergovernmental Agreement for the Space Station contains...

  17. 26 CFR 31.3202-1 - Collection of, and liability for, employee tax.

    Science.gov (United States)

    2010-04-01

    ... (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Railroad Retirement Tax Act (Chapter 22, Internal Revenue Code of 1954) Tax on Employees... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Collection of, and liability for, employee tax...

  18. Competition Reduces X-Inefficiency : A Note on a Limited Liability Mechanism

    NARCIS (Netherlands)

    Stennek, M.J.

    1995-01-01

    The study illustrates that a financial restriction may serve as a disciplining device on the internal efficiency of a firm, and that the disciplining power is higher the tougher the product market competition is. The financial restriction is modeled as a limited liability constraint, that is a non-n

  19. Defendants' liability for pure mental harm to third parties in Australia: still a work in progress.

    Science.gov (United States)

    Mendelson, Danuta

    2009-10-01

    In Australia, both common and statutory law allows compensation for negligently occasioned recognised psychiatric injury, but distinguishes between pure mental harm and consequential mental harm. This column briefly discusses the concept of pure "mental harm" and the major Australian cases relating to defendants' liability to third parties for causing them pure mental harm (Jaensch v Coffey (1984) 155 CLR 549; Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317; Sullivan v Moody (2001) 207 CLR 562; and Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269). The analysis focuses on judicial approaches to determining liability in these cases, especially causation. Lack of guiding principles and precise tests for attribution of liability are illustrated by Kemp v Lyell McEwin Health Service (2006) 96 SASR 192. This case is analysed first in the context of common law, and then in the light of the reform legislation contained in the Civil Liability Act 1936 (SA) and similar provisions in other jurisdictions.

  20. Default risk, bankruptcy procedures and the market value of life insurance liabilities

    NARCIS (Netherlands)

    A. Chen; M. Suchanecki

    2007-01-01

    The topic of insolvency risk in connection with life insurance companies has recently attracted a great deal of attention. In this paper, the question is investigated of how the values of the equity and of the liability of a life insurance company are affected by the default risk and the choice of t

  1. 10 CFR 140.91 - Appendix A-Form of nuclear energy liability policy for facilities.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Appendix A-Form of nuclear energy liability policy for facilities. 140.91 Section 140.91 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) FINANCIAL PROTECTION... other matter not within the Commission's statutory jurisdiction under the Atomic Energy Act....

  2. Liabilities of the competent person for radiation protection; Les responsabilites de la personne competente en radioprotection

    Energy Technology Data Exchange (ETDEWEB)

    Bizet, A. [Autorite de Surete Nucleaire, 75 - Paris (France)

    2008-10-15

    The article R. 4456-1 of the Labour code requires employer to appoint a competent person for radiation protection (C.P.R.). Although the prerogatives of the CPR are exercised under the responsibility of the employer, the traditional rules of questioning the liability apply to the employer as well as to the C.P.R.. For the civil liability, the object of which is to guarantee the compensation of damage by its author, but also for the criminal liability, which aims at punishing an illegal behaviour, the C.P.R. does not escape these traditional rules which, however, apply in a particular way considering the daily missions of the C.P.R.. If the responsibility of the employer is more questioned, notably because of the authority he/she exercises on his/her employee, the C.P.R. must not be considered as irresponsible regarding civil and penal requirements; the C.P.R. may indeed be questioned by an employee victim of damage. The activity of the C.P.R. (and thus the cases allowing the questioning of its liability) rests widely on the means which it has and the context in which it discharges its missions. Moreover the judge does take into account the resources which an agent has to judge his responsibility. Thus, the relations of the C.P.R. with other actors of the radiation protection, internal or external in the establishment, are determining. (author)

  3. Antisepsis and genital hygiene in scrotal surgery: liability claims in the event of treatment errors.

    Science.gov (United States)

    Brühl, Peter

    2007-09-13

    Systematic observance of infection control principles in surgery, whether conducted on an inpatient or outpatient basis, is an indispensable precondition for quality management. In Germany, the introduction of the Protection against Infection Act (IfSG) on 1 January 2001 represented a milestone for regulation of the framework conditions in outpatient surgery. Once again, infection control issues were the main focus of attention. Section 36(1) IfSG stipulates that infection control policies specify in-house procedures for infection prophylaxis in agreement with quality assurance measures. On 1 January 2004 this was further reinforced, inter alia, by means of a new tripartite contract based on Section 115b of Book 5 of the German Code of Social Law (SGB V). Since experience shows that incidents are more likely to result in liability claims the smaller the operation and the more unexpected the complications from a lay person's perspective, surgery carried out on patients who spend the night before and after the operation outside the hospital or clinic is becoming a particularly liability-prone area. In the event of a postoperative infection, often involving a protracted hospital stay and in some cases considerable permanent damage, the patient often cites an infection control error. This paper highlights by way of example some liability aspects whose observance as a matter of principle can reduce the liability risk for the physician.

  4. The Volunteer Team Physician: When Are You Exempt from Civil Liability?

    Science.gov (United States)

    Todaro, Gerald J.

    1986-01-01

    Only six states have enacted qualified immunity statutes protecting volunteer team physicians from civil liability. A few states have expanded their Good Samaritan laws to include physicians rendering energency care at athletic events. Precautions for medical personnel to take before volunteering their time at school athletic events are suggested.…

  5. Civil Liability of Teachers for Injuries to Students, and Other Torts.

    Science.gov (United States)

    Brown, R. A.

    1986-01-01

    Addresses issues involving the tort liability of Australian teachers. Explores broad interpretations of negligence, such as giving students incorrect information or negligent advice resulting in some physical or economic damage to the student. Exhorts teachers to provide their charges with the best advice possible for their individual development.…

  6. 78 FR 8821 - Abandoned Mine Land Reclamation Program; Limited Liability for Noncoal Reclamation by Certified...

    Science.gov (United States)

    2013-02-06

    ... SMCRA, states (and, after amendment of the Act in 1987, the Navajo, Hopi, and Crow Indian tribes) that... Reclamation by Certified States and Indian Tribes; Proposed Rule #0;#0;Federal Register / Vol. 78 , No. 25... Reclamation Program; Limited Liability for Noncoal Reclamation by Certified States and Indian Tribes AGENCY...

  7. 42 CFR 418.402 - Individual liability for services that are not considered hospice care.

    Science.gov (United States)

    2010-10-01

    ... considered hospice care. 418.402 Section 418.402 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM HOSPICE CARE Coinsurance § 418.402 Individual liability for services that are not considered hospice care. Medicare payment to the...

  8. 40 CFR 80.30 - Liability for violations of diesel fuel control and prohibitions.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations of diesel fuel control and prohibitions. 80.30 Section 80.30 Protection of Environment ENVIRONMENTAL PROTECTION... the corporate, trade or brand name of a refiner or any of its marketing subsidiaries, the...

  9. 40 CFR 80.156 - Liability for violations of the interim detergent program controls and prohibitions.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations of the interim detergent program controls and prohibitions. 80.156 Section 80.156 Protection of Environment... operating under such refiner's corporate, trade, or brand name or that of any of its marketing...

  10. 40 CFR 80.169 - Liability for violations of the detergent certification program controls and prohibitions.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations of the detergent certification program controls and prohibitions. 80.169 Section 80.169 Protection of Environment... operating under such refiner's corporate, trade, or brand name or that of any of its marketing...

  11. An asset and liability management (ALM) model using integrated chance constraints

    Science.gov (United States)

    Hussin, Siti Aida Sheikh; Mitra, Gautam; Roman, Diana

    2014-12-01

    This paper discusses and develops a Two Stage Integrated Chance Constraints Programming for the Employees Provident Fund Malaysia. The main aim is to manage, that is, balance assets and liabilities. Integrated Chance Constraints not only limit the event of underfunding but also the amount of underfunding. This paper includes the numerical illustration.

  12. 26 CFR 31.3505-1 - Liability of third parties paying or providing for wages.

    Science.gov (United States)

    2010-04-01

    ... Federal Insurance Contributions Act), section 3202 (relating to deduction of tax from compensation under... liability by appropriate civil proceedings commenced within 10 years after assessment of the tax against the... section does not relieve the employer of the responsibilities imposed upon him to file the returns...

  13. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... COMMISSION 10 CFR Part 140 RIN 3150-AI74 Increase in the Primary Nuclear Liability Insurance Premium AGENCY... amending its regulations that govern financial protection requirements and indemnity agreements to increase... increase to $375 million, based on an adjustment by American Nuclear Insurers (ANI), which currently writes...

  14. A Secure Framework for Discovering the Liabilities of a Network Server

    Directory of Open Access Journals (Sweden)

    Ulya Sabeel

    2014-12-01

    Full Text Available The role of network and information systems is increasing in our day today infrastructures that provide critical services like banking and commerce applications, telecommunications, distribution, transportation, etc. This increases the levels of dependability on such applications, which brings about several pros and cons as well. If these infrastructures are damaged, it can compromise the availability of the critical services. Thus, it is the need of the hour to secure the available network and information systems from malicious attacks. In this paper, we have proposed a secure technique named as Network Liability Detection (NLD and a software we named as Network Liability Tool (NLT, that points out the liabilities or vulnerabilities of your system that can be exploited to compromise its security. We propose a model based approach where the behavior of each component of the system is carefully monitored to find out the well known as well as as-yet-unknown loopholes in the system. A prototype of the application is built in Windows Platform using Java, to demonstrate the entire functioning of this system and helps in solving the security related loopholes in the network servers. The speculative results affirm that the proposed technique is effective in detecting the liabilities of the network servers.

  15. 48 CFR 36.608 - Liability for Government costs resulting from design errors or deficiencies.

    Science.gov (United States)

    2010-10-01

    ... costs resulting from design errors or deficiencies. 36.608 Section 36.608 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION SPECIAL CATEGORIES OF CONTRACTING CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Architect-Engineer Services 36.608 Liability for Government costs resulting from...

  16. Ethical and legal issues regarding the action and knowledge of orthodontists before civil liability

    Directory of Open Access Journals (Sweden)

    Luíza Valéria de Abreu Maia

    2014-10-01

    Full Text Available This study evaluated the ethical and legal conducts of orthodontists regarding the professional/patient relationship, documentation used and degree of knowledge on the professional liability during the exercise of their specialty. This study sought to assess whether the time since graduation of the dentist as an expert interfered with their knowledge degree about the dental professional liability. The object population of the present study consisted of 56 dental surgeons, specialized in orthodontics, from the city of Belo Horizonte, Minas Gerais State, Brazil. The research was carried out using a survey addressed to these professionals, and descriptive statistics of the data. Chi-square test was used to check independence between factors and comparisons of proportions.  100% interviewed professionals request orthodontic documentation prior to the start of treatment; 71.5% request final documentation; 91% professionals affirmed they file this documentation; however, only 21.4% keep records for over 20 years; and most professionals (86% use some sort of contract at the start of treatment, and a small percentage (30.4% regard the liability of orthodontists as objective. It can be concluded that the interviewed professionals should acquire a higher level of knowledge regarding the professional liability and current legislation involving dental surgeons.

  17. Liability Risks in Agri-food supply chains: the case of wet feed

    NARCIS (Netherlands)

    Meuwissen, M.P.M.; Asseldonk, van M.A.P.M.; Huirne, R.B.M.

    2008-01-01

    Abstract: Recent animal feed crises caused substantial damage throughout food supply chains and, consequently, initiated debates on the liability insurance cover of animal feed companies. In this framework, a quantitative risk analysis for wet feed producers in the Netherlands is presented. The

  18. Distribution of Criminal Liability between the Legal and Physical Entity at EU Level

    Directory of Open Access Journals (Sweden)

    Monica Pocora

    2016-08-01

    Full Text Available At legislative level, a crucial question looking for the answer regards the distribution of the liability between the physical and legal entity and structuring the relation between the liabilities of their obligations. On a practical level, in the case of a crime committed as a result of faulty organizational policy, the question looks for an answer to whom should be held accountable: the individual whose actions has caused directly the breaking of the law, the employer or legal entity that has issued policies or indications based on which the individual acted, both individual and legal entity, or none. The EU jurisdictions still face these questions when putting into practice the institution of criminal liability of legal entities. (Mongilo, 2012 The judicial practice, however, is still poor or non-existent in most states. This paper aims at providing answers as close to harmonize the legislation with practice, and also the reason for which the legislator has established the criminal liability of the two entities.

  19. 26 CFR 31.3102-3 - Collection of, and liability for, employee tax on tips.

    Science.gov (United States)

    2010-04-01

    ... TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Collection of, and liability for, employee...

  20. 26 CFR 31.3102-1 - Collection of, and liability for, employee tax; in general.

    Science.gov (United States)

    2010-04-01

    ... TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Collection of, and liability for, employee...