WorldWideScience

Sample records for exclusive liability

  1. Hospital exclusion clauses limiting liability for medical malpractice ...

    African Journals Online (AJOL)

    In 2002 the Supreme Court of Appeal ruling in Afrox Healthcare Beperk v. Strydom held that the common law allows hospitals to exclude liability for medical malpractice resulting in death or physical or psychological injury – except in the case of gross negligence. The effect of this judgment has now been superseded by the ...

  2. 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…

  3. Liability in Employment Law

    OpenAIRE

    Lang, Roman

    2006-01-01

    97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for ...

  4. Effectiveness of Existing International Nuclear Liability Regime

    Energy Technology Data Exchange (ETDEWEB)

    Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

    2015-10-15

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  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. The lawyer civil liability

    Directory of Open Access Journals (Sweden)

    Ionaş, D.

    2010-11-01

    Full Text Available The article deals with the lawyer civil liability, with its two forms, namely the tort and the contractual liability, a question of real interest as the civil liability cases are much more numerous than many other criminal or disciplinary cases. We focused on the regulation and content of the lawyer civil liability, analyzing the provisions of Law no 51/1995 regarding the organization and exercise of advocacy in Romania and also on the provisions of the Statute of advocacy and that of the Code of Ethics.

  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. 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.

  9. The Exclusion of Liability for Emotional Harm to Passengers in the Warsaw and Montréal Convention: Moving Away from Floyd, Siddhu and Pienaar to the Stott Case?

    Directory of Open Access Journals (Sweden)

    Rafia De Gama

    2017-01-01

    Full Text Available This contribution focuses on the transport of passengers on international routes and the legal regime set down by the Warsaw Convention of 1929 and reinforced by the Montréal Convention of 1999. These Conventions regulate commercial aviation by detailing a set of minimum standardised procedures for flight safety, such as standards for air navigation systems, amongst others, to ensure safe and efficient air travel. The legal regime also regulates the possible claims that may be made against airlines for the death of or harm to passengers, as well as relating to damage to and loss of baggage. The regime not only limits claims temporally and by location, but it also excludes the application of national legal regimes. With regard to claims of harm to dignity the regime disallows such claims to be brought within the restrictions placed by the legal regimes or on any other basis. The contribution does not address the full coverage of these Conventions, only the exclusion of mental / emotional injuries. The Convention excludes emotional harm from the definition of death and physical harm. However claimants have brought claims to undermine the main exclusion of claims with regard to compensation for emotional harm. This contribution explores the exclusion of claims in the Warsaw and Montréal Conventions and thereafter analyses two court decisions in common law countries where this exclusion of claims was challenged and the challenge failed.

  10. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL

    OpenAIRE

    Cristian, Bărcan

    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.

  11. 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...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

  12. Legal Liability: When Is the Union Responsible?

    Science.gov (United States)

    Barr, Margaret J.

    1986-01-01

    Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…

  13. [Medical liability issues].

    Science.gov (United States)

    Lebrun, C

    2014-12-01

    Of the 1603 civil liability cases filed between 2002 and 2012 related to upper-limb surgery, we found 20 proceedings (11 in court and 9 in front of the French CCI [commission for medical accidents]) that involved a total of 24 physicians: three proceedings involved multiple parties for a single patient and implicated two physicians in two cases and three physicians in one case. The grounds for liability being invoked varied greatly, but a good many of these cases concerned outcomes that were deemed unsatisfactory or insufficient in light of the initial injury. Information is always difficult to convey in an emergency setting, but is not generally disputed. However, the information process must be completed during the postoperative period and the patient informed of the injury assessment, expected results, potential complications and the possibility of surgical revision in the medium term. An expert found grounds for physician liability and breach of best practices in only three cases. In summary, this study shows that trauma-related flexor tendon injuries are rarely grounds for indictment of physicians before courts of civil jurisdiction (12 per 1000) and findings of liability for breach of best practices are even more rare (2 per 1000). Copyright © 2014. Published by Elsevier SAS.

  14. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  15. 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...

  16. 42 CFR 411.54 - Limitation on charges when a beneficiary has received a liability insurance payment or has a...

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Limitation on charges when a beneficiary has received a liability insurance payment or has a claim pending against a liability insurer. 411.54 Section 411.54 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICARE PROGRAM EXCLUSIONS FROM MEDICARE AND...

  17. [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…

  18. 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.

  19. 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

  20. 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.

  1. 12 CFR 229.21 - Civil liability.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any..., except that— (i) In the case of an individual action, liability under this paragraph shall not be less...

  2. 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.

  3. Exclusive Dealing

    DEFF Research Database (Denmark)

    Fumagalli, Chiara; Motta, Massimo; Rønde, Thomas

    2012-01-01

    This paper studies a model whereby exclusive dealing (ED) can both promote investment and foreclose a more efficient supplier. Since ED promotes the incumbent seller's investment, the seller and the buyer realize a greater surplus from bilateral trade under exclusivity. Hence, the parties involved...... may sign an ED contract that excludes a more efficient entrant in circumstances where ED would not arise absent investment. The paper therefore invites a more cautious attitude towards accepting possible investment promotion arguments as a defense for ED....

  4. Liability of statutory organs in limited liability companies

    Directory of Open Access Journals (Sweden)

    Martin Janků

    2011-01-01

    Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

  5. PROFESSIONAL LIABILITY. PARTICULARITIES OF CIVIL LIABILITY REGARDING THE LIBERAL PROFESSIONS

    Directory of Open Access Journals (Sweden)

    Ruxandra-Cristina DUȚESCU

    2017-05-01

    Full Text Available With the evolution and modernization of the liberal professions, both practitioners and clients are also aware of their rights and obligations, the risks involved in exercising professions that depend on the accuracy of information, the stability of decisions, and the observance of deadlines. The present study looks at the appearance of the particularities of the civil liability in the liberal professions existing in Romania in relation to the legal obligation to conclude an insurance policy for professional liability, as well as the situations and conditions in which it produces its effects.

  6. 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.

  7. 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.

  8. 29 CFR 18.411 - Liability insurance.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Liability insurance. 18.411 Section 18.411 Labor Office of... OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Relevancy and Its Limits § 18.411 Liability insurance... evidence of insurance against liability when offered for another purpose, such as proof of agency...

  9. 33 CFR 401.23 - Liability insurance.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Liability insurance. 401.23....23 Liability insurance. (a) It is a condition of approval of an application for preclearance that the vessel is covered by liability insurance equal to or exceeding $100 per gross registered ton. (b) No...

  10. Legal liability in iatrogenic orbital injury.

    Science.gov (United States)

    Svider, Peter F; Kovalerchik, Olga; Mauro, Andrew C; Baredes, Soly; Eloy, Jean Anderson

    2013-09-01

    In this study, we detailed factors governing legal outcomes in iatrogenic orbital injury, with the purpose of discussing strategies to minimize liability and enhance patient safety. Retrospective analysis. Jury verdict and settlement reports were searched from publically available federal and state court records using the Westlaw database (Thomson Reuters, New York, NY). After exclusion of nonrelevant cases, 20 cases of iatrogenic orbital injuries were examined for factors such as legal outcome, damages awarded, defendant specialty, alleged causes of malpractice, and patient demographic information. The majority (60.0%) of cases were resolved in the defendant's favor. Payment was considerable for the cases decided in support of the plaintiff, averaging $1.13 million. Out-of-court settlements averaged $1.78 million (range, $487,500-$3.9 million), whereas jury-awarded damages averaged $472,661 (range, $75,000-$763,214). Complications stemming from endoscopic sinus surgery were most common (50.0%). Diplopia was the most common medical complaint (50.0%), whereas permanent deficits and having to undergo additional surgery were each present in 65.0% of cases. The potential for permanent sequelae of iatrogenic orbital injury makes this complication susceptible to malpractice litigation. Otolaryngologists were the most common defendants. Although cases were resolved in the defendant's favor 60% of the time, payments made were considerable, averaging $1.13 million. Steps to minimize liability and improve patient safety include an informed consent process explicitly listing risks, including diplopia and blindness, and obtaining timely ophthalmology consultation when a complication is recognized. Copyright © 2013 The American Laryngological, Rhinological and Otological Society, Inc.

  11. University Liability for Sports Injuries.

    Science.gov (United States)

    Rieder, Robert W.; Woodruff, William B., Jr.

    1993-01-01

    Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

  12. 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.

  13. 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.

  14. Transplanting Diseases from Organ Donors in Western Europe: Fault Liability or Strict Liability?

    Science.gov (United States)

    Broeckx, Nils; Verhoeven, Dimitri

    2015-06-01

    This article will examine the problem of disease transmission through organ transplantation from a civil liability perspective. Both fault liability and strict product liability might be possible. These two types of liability will be compared, while applying them to the actions of the central parties involved in organ donation and transplantation, namely the physician/hospital, the donor and the organ exchange organisation. While product liability is generally an easier way to obtain compensation than fault liability, it might nevertheless place too heavy a burden on the transplant professionals.

  15. Liability of the economic group

    Directory of Open Access Journals (Sweden)

    Andrés Mendive Dubourdieu

    2014-07-01

    Full Text Available In this paper we analyze if the person who cause a damage is a member of a group of economics operators affects or not the possible liability. According endeavor to expose in the tort case of the parent company for the group may respond by its causal effect, pursuant to Article 1319 of the Civil Code or under the application of the concept of dependence contained in Article 1324 of the same code. In contrast, in the case of contractual damages is not admissible to apply the concept of dependency of the Article 1324, being the sole basis of any liability of the parent company, its causal involvement in the breach, under the application of the Institute of non contractual credit protection. Accordingly, in this case the responsibility of the parent is of a contractual nature.

  16. Total Liability for Excessive Harm

    OpenAIRE

    Cooter, Robert; Porat, Ariel

    2005-01-01

    The harm that each individual causes others is unverifiable in some circumstances where the total harm caused by everyone is verifiable. For example, the environmental agency can often measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the...

  17. 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.

  18. 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.

  19. Toward a construct of liability of origin

    OpenAIRE

    Amankwah-Amoah, J.; Debrah, Y.A.

    2016-01-01

    In this paper, we advance a novel concept of liability of origin to explicate the mechanisms through which location can be become either a liability or an advantage. Our analysis sheds light on how firms’ ability to compete and gain legitimacy can be derailed or enhanced by their geographical location. We illustrate our theoretical analysis using multiple cases in the airline industry in Africa. Four distinct phases that explicate how liability of origin manifests in firms’ legitimacy quest a...

  20. The Pulse of Liability of Foreignness

    DEFF Research Database (Denmark)

    Kaiser, Ulrich; Sofka, Wolfgang

    companies. Such liabilities of foreignness are persistent in nature. We investigate the causes behind these detrimental effects. We identify two major factors conceptually: a lack of legitimacy in the host country on the demand side and a lack of responsiveness on the side of the multinational corporation...... that legitimacy is the dominant factor behind the effects of liability of foreignness. As customer experience increases, liability of foreignness caused by a lack of responsiveness becomes more of an issue....

  1. International Liability Issues for Software Quality

    National Research Council Canada - National Science Library

    Mead, Nancy

    2003-01-01

    This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

  2. Liability of Defense Contractors for Hazardous Waste Cleanup Costs

    National Research Council Canada - National Science Library

    Steinbeck, Margaret O

    1989-01-01

    .... While the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) imposes strict, joint, and several liability, the contractor and the Department of Defense (DoD...

  3. 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…

  4. Understanding and Limiting School Board Member Liability.

    Science.gov (United States)

    Hodges, Terry; Jones, Stephanie; Purvis, Mary L.; Rubin, David B.; Thrasher, Doralee; Underwood, Julie; Watkins, W. David

    This book is a primer on board-member liability issues and is intended for both board members and school attorneys. The first chapter, "The Legal System," examines federal sources of legal authority, state and local sources of legal authority, and federal and state judicial structures. Liability under state tort law is the subject of chapter 2,…

  5. Legal liability under an IDM program.

    Science.gov (United States)

    Wolfe, D L; Stanton, T J

    2000-12-01

    Integrated disability management (IDM) programs offer employers a simple, strategic approach to managing health and lost time. However, components of these programs also present potential liabilities under federal, and sometimes, state law. This article reviews the sources of these liabilities and summarizes techniques for minimizing the risk of employers (and managers individually).

  6. 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…

  7. [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. © Georg Thieme Verlag KG Stuttgart · New York.

  8. Liability and Insurance for Suborbital Flights

    Science.gov (United States)

    Masson-Zwaan, T.

    2012-01-01

    This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

  9. 46 CFR 4.23-1 - Evidence of criminal liability.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 4.23-1 Section 4.23-1... AND INVESTIGATIONS Evidence of Criminal Liability § 4.23-1 Evidence of criminal liability. If, as a result of any investigation or other proceeding conducted hereunder, evidence of criminal liability on...

  10. Vicarious Liability for Group Companies: the Final Frontier of Vicarious Liability?

    OpenAIRE

    Morgan, Phillip David James

    2015-01-01

    This article seeks to explore the pressing unanswered commercial issue: whether or not a parent company can potentially be vicariously liable for its subsidiary's torts. It is currently undecided in English law, however, the theory of vicarious liability as recently expounded by the Supreme Court, as well as the development of new categories of vicarious liability, point towards vicarious liability for legal persons. This article argues that a legal (or natural) person may employ, or be in a ...

  11. Roadway related tort liability and risk management.

    Science.gov (United States)

    2010-06-01

    This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

  12. Alcohol on Campus and Possible Liability.

    Science.gov (United States)

    Buchanan, E. T.

    1983-01-01

    Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

  13. 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. Published by Elsevier Inc.

  14. 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...

  15. 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 explore...... whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...... liability specified variance attributable to additive genetic and non-shared environmental factors, this model did not differ significantly from a model that also included non-additive genetic factors, consistent with recent interview-based twin studies. Schizophrenia showed strong genetic links to other...

  16. Comprehensive Environmental Response, Compensation and Liability Act

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — This data represents geographic terms used within the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as...

  17. Tax liability and fulfillment of tax obligations

    Directory of Open Access Journals (Sweden)

    Milošević Goran B.

    2015-01-01

    Full Text Available Tax liability is the duty of the taxpayer to pay the tax. The tax­payer is responsible for the fulfillment of tax obligations from the moment of the occurrence of taxable event on which the authority imposed the tax liability. The moment of the occurrence of taxable event shall be determined separately for each tax, in accordance with the relevant tax law. The fulfillment of tax obligations is the payment of the amount owed. for the tax.

  18. Architect/Engineer Liability in Construction Contracting.

    Science.gov (United States)

    1986-12-01

    contractors. Where the A/E actions or inactions lead a construction contractor down a path where the contractor suffers economic damage, and it can be...standard of the profession in actions brought by third parties for negligence" [Ref. 1, p. 46. :% I1 --. The architect’s liability is tied directly to...services The determination of A-E liability requires answering afffirmatively the following questions: (I) Is the construction modification

  19. Professional liability insurance and medical error disclosure.

    Science.gov (United States)

    McLennan, Stuart; Shaw, David; Leu, Agnes; Elger, Bernice

    2015-01-01

    To examine medicolegal stakeholders' views about the impact of professional liability insurance in Switzerland on medical error disclosure. Purposive sample of 23 key medicolegal stakeholders in Switzerland from a range of fields between October 2012 and February 2013. Data were collected via individual, face-to-face interviews using a researcher-developed semi-structured interview guide. Interviews were transcribed and analysed using conventional content analysis. Participants, particularly those with a legal or quality background, reported that concerns relating to professional liability insurance often inhibited communication with patients after a medical error. Healthcare providers were reported to be particularly concerned about losing their liability insurance cover for apologising to harmed patients. It was reported that the attempt to limit the exchange of information and communication could lead to a conflict with patient rights law. Participants reported that hospitals could, and in some case are, moving towards self-insurance approaches, which could increase flexibility regarding error communication The reported current practice of at least some liability insurance companies in Switzerland of inhibiting communication with harmed patients after an error is concerning and requires further investigation. With a new ethic of transparency regarding medical errors now prevailing internationally, this approach is increasingly being perceived to be misguided. A move away from hospitals relying solely on liability insurance may allow greater transparency after errors. Legalisation preventing the loss of liability insurance coverage for apologising to harmed patients should also be considered.

  20. Malpractice liability for informal consultations.

    Science.gov (United States)

    Olick, Robert S; Bergus, George R

    2003-01-01

    Informal ("curbside") consults are widely used by primary care physicians. These interactions occur in person, by telephone, or even by e-mail. Exposure to malpractice liability is a frequent concern of subspecialty physicians and influences their willingness to engage in this activity. To assess this risk, we reviewed reported judicial opinions involving informal consultation by physicians. A search of the existing medical literature, and of the Westlaw national database was undertaken to identify reported judicial opinions involving informal physician consults that address whether informal consultations create a legal relationship between consulting specialist physicians and patients that gives rise to a legal duty of care owed by the consulting specialist to the patient. Courts have consistently ruled that no physician-patient relationship exists between a consultant and the patient who is the focus of the informal consultation. In the absence of such a relationship, the courts have found no grounds for a claim of malpractice. Malpractice risks associated with informal consultation appear to be minimal, regardless of the method of communication. While "informal consultation" is not a term used by the courts, the courts have applied a consistent set of criteria that help define the legal parameters of this activity.

  1. Common Purpose Liability versus Joint Enterprise: A Practical View on the ICC's Hierarchy of Liability Theories

    NARCIS (Netherlands)

    Cupido, M.

    2016-01-01

    On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory

  2. 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.

  3. Asset and Liability Management: Analysis on the Dependence of Assets and Liabilities in Turkish Banking Sector

    Directory of Open Access Journals (Sweden)

    MUSTAFA DUMAN

    2017-12-01

    Full Text Available Asset liability management (ALM is the traditional risk management practice in banking. ALM is the coordinated and integrated management of assets and liabilities. Some studies argue that ALM lost importance due to the use of new risk mitigation tools by banks. This study aims to identify the role of ALM in the risk management of banks in Turkey. For this purpose, it analyzes the relationship between assets and liabilities of the banks by using canonical correlation for the period of 2002-2012. High canonical correlation indicates that dependency of assets and liabilities has been high for banks operating in Turkey. Canonical loadings also provide evidence for the coordinated asset and liability management. Thus, ALM is still very common in Turkish banking sector. Further analysis on liquidity of banks reveal that profitability, equity capital, illiquid assets and credit risk influence the liquidity. Besides, liquidity of public banks is higher than that of other banks.

  4. BUSINESS JUDGMENT RULE - EXONERATION OF LIABILITY CAUSE OF THE ADMINISTRATOR. COMPARATIVE LAW STUDY

    Directory of Open Access Journals (Sweden)

    CARMEN TODICA

    2012-05-01

    Full Text Available Starting from the origin system- the American law, and from the principles of corporate governance which establishes it expressly, the study reveals the regulatory manner in Company law and also the implication of legal practice, of the “business judgment” rule. Seen from a double perspective: as a ground for exclusion of liability clause from civil liability of the administrator, but also as a counterweight to the diligence and prudence duty, the business judgment rule is analyzed in accordance with the legal liability falling within the administrator’s duties, both by Law no.31/1990 and the New Civil Code. Discussing also by the standard for appreciating the prudence and diligence- the criterion of the good administrator- imposed by the Romanian legislation, compared with other countries, the paper approaches the manner for regulating the business judgment rule in American law, and the manner in which it has been transposed into the Romanian legislation, its application realm, the invocation method and the consequences of this rule on the civil liability of the administrator. This paper constantly refers to the legal practice solutions in common-law states, where the rule stems.

  5. 26 CFR 1.461-2 - Contested liabilities.

    Science.gov (United States)

    2010-04-01

    ... bill received for services may represent asserted liabilities. (2) Definition of the term “contest... liability— (A) Purchasing a bond to guarantee payment of the asserted liability; (B) An entry on the...

  6. 26 CFR 1.172-13 - Product liability losses.

    Science.gov (United States)

    2010-04-01

    ... liabilities arising under warranty theories relating to repair or replacement of the property that are... payment is not made on account of product liability. Example 4. R, a retailer of communications equipment...

  7. 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...... 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...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

  8. 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... ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.13 Customer's and third party liability. (a) Customer's liability: Sections 2 (d) and (e) apply to sellers and not to customers. However...

  9. 26 CFR 50.5 - Liability for the tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

  10. 12 CFR 1805.811 - Limitation on liability.

    Science.gov (United States)

    2010-01-01

    ... Limitation on liability. The liability of the Fund and the United States Government arising out of any... CDFI. The Fund shall be exempt from any assessments and other liabilities that may be imposed on... shall affect the application of any Federal tax law. ...

  11. 14 CFR 1260.61 - Allocation of risk/liability.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Allocation of risk/liability. 1260.61... AGREEMENTS General Special Conditions § 1260.61 Allocation of risk/liability. Allocation of Risk/Liability... make any claim against NASA or the U.S. Government with respect to the injury or death of its employees...

  12. Liability of physicans and dentists – key issues

    National Research Council Canada - National Science Library

    Michał Zalewski; Kamila Fux-Zalewska

    2016-01-01

    ... (contractual liability) or unlawful and culpable conduct in the exercise of medical action taken toward the patient who is not bound to the doctor by a legal relationship (tort liability). When a physician or a dentist is assigned a liability, he/she is obliged to redress the pecuniary damage and compensate for the non-pecuniary injury (wrong) suffered by the injured party.

  13. 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...

  14. 48 CFR 1452.228-70 - Liability Insurance.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Liability Insurance. 1452... Insurance. As prescribed in 1428.301, insert the following clause: Liability Insurance—Department of the... extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance...

  15. Managing Contingent Liabilities in Public-Private Partnerships

    OpenAIRE

    Irwin, Timothy; Mokdad, Tanya

    2010-01-01

    Contingent liabilities create management problems for governments. They have a cost, but judging what the cost is and whether it is worth incurring is difficult. Except in the case of contingent liabilities created by simple guarantees of debt, governments usually can incur contingent liabilities without budgetary approval or recognition in the governments accounts. So governments may pref...

  16. 12 CFR 704.8 - Asset and liability management.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Asset and liability management. 704.8 Section... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must operate according to a written asset and liability management policy which addresses, at a minimum: (1...

  17. Sexual Harassment at Camp: Reducing Liability.

    Science.gov (United States)

    Oakleaf, Linda; Grube, Angela Johnson

    2003-01-01

    Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…

  18. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina

    2014-01-01

    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...

  19. 7 CFR 1219.74 - Personal liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1219.74 Section 1219.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE HASS AVOCADO PROMOTION, RESEARCH...

  20. 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

  1. 31 CFR 210.11 - Limited liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  2. 31 CFR 210.10 - RDFI liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  3. 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

  4. Environmental liability in Germany: a comparative study with Brazilian Law

    Directory of Open Access Journals (Sweden)

    Daniela Oliveira Gonçalves

    2015-09-01

    Full Text Available Seek compare the environmental liability institutes from Germany with those of Brazil, this study intends to conduct an analysis of civil liability for environmental damage in Germany. The concepts of liability and its species, subjective and objective initially are analyzed. Then the concept of civil liability for environmental damage under Brazilian law is analyzed, also discussing the concept of environmental damage. Finally it is carried out the assessment of some of the German Civil Code provisions as well as the Environmental Liability Act of Germany.

  5. Explaining Social Exclusion

    NARCIS (Netherlands)

    Gerda Jehoel-Gijsbers; Cok Vrooman

    2007-01-01

    Although social exclusion has become a key issue on the European policy agenda in recent years, both the social phenomena the term refers to and the best way to monitor these remain unclear. In response to this, we developed a conceptual model for social exclusion and a methodology for its

  6. Social Exclusion Anxiety

    DEFF Research Database (Denmark)

    Søndergaard, Dorte Marie

    2017-01-01

    exclusion anxiety and longing for belonging are both central aspects of the affects and processes that enact and challenge social groups. Social exclusion anxiety should not be confused with ‘social phobia’, which is a concept within clinical psychology that focuses on the individual and refers to a phobic...

  7. Office gossip: a surprising source of liability.

    Science.gov (United States)

    Gregg, Robert E

    2003-01-01

    Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.

  8. 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.

  9. 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.

  10. THE UNPREDICTABILITY THEORY AND THE CONTRACTUAL LIABILITY

    Directory of Open Access Journals (Sweden)

    CRISTINA ZAMSA

    2011-04-01

    Full Text Available The purpose of the present study is to establish a relationship between the unpredictability theory and the contractual liability, from both theoretical and practical point of view. Usually, the unpredictability is invoked by way of defense by the debtor, refusing to perform the excessively onerous obligation. However the unpredictability theory shall apply also to the hypothesis of a performed obligation, by way of main action, depending on more factors: the nature of the agreement, investigating the attitude of the party affected by the unpredictability. Observing the conditions and the effects of these two ways of invoking the unpredictability will form the objectives of the present study.The debtor of the excessively onerous, in order to avoid the contractual liability, shall nevertheless perform such obligation, by carrying along some additional costs. If subsequently, the creditor shall refuse to revise the agreement and implicitly, to reimburse the exorbitant costs, the debtor will have to raise the unpredictability by way of action, in order to recover the exorbitant costs in performing the obligation. In such case, the unpredictability is accompanied by another legal issue: the contractual liability of the co-contractor of the party affected by unpredictability.

  11. [Exclusive breastfeeding in Mexico].

    Science.gov (United States)

    González-de Cossío, Teresita; Escobar-Zaragoza, Leticia; González-Castell, Dinorah; Shamah-Levy, Teresa; Rivera-Dommarco, Juan A

    2014-01-01

    To evaluate the effect of exclusive breastfeeding in Breastfeeding indicators from WHO-2008 were calculated. We estimated the effect modifier EBFBreastfeeding promotion, protection and support must be targeted mainly at the most vulnerable, food insecure families.

  12. Exclusive reactions in QCD

    OpenAIRE

    Pire, Bernard

    1996-01-01

    We review the theory of hard exclusive scattering in Quantum Chromodynamics. After recalling the classical counting rules which describe the leading scale dependence of form factors and exclusive cross-sections at fixed angle, the pedagogical example of the pion form factor is developped in some detail in order to show explicitely what factorization means in the QCD framework. The picture generalizes to many hard reactions which are at the heart of the ELFE project. We briefly present the con...

  13. Deprivation and Social Exclusion

    OpenAIRE

    BOSSERT, Walter; D'AMBROSIO, Conchita; PERAGINE, Vito

    2004-01-01

    Social exclusion manifests itself in the lack of an individual’s access to functionings as compared to other members of society. Thus, the concept is closely related to deprivation. We view deprivation as having two basic determinants: the lack of identification with other members of society and the aggregate alienation experienced by an agent with respect to those with fewer functioning failures. We use an axiomatic approach to characterize classes of deprivation and exclusion measures and a...

  14. 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.

  15. The Exclusion of Liability for Emotional Harm to Passengers in the ...

    African Journals Online (AJOL)

    This contribution focuses on the transport of passengers on international routes and the legal regime set down by the Warsaw Convention of 1929 and reinforced by the Montréal Convention of 1999. These Conventions regulate commercial aviation by detailing a set of minimum standardised procedures for flight safety, ...

  16. Risk Regulation through Liability Allocation: Transnational Product Liability and the Role of Certification

    NARCIS (Netherlands)

    Schebesta, H.

    2017-01-01

    This article studies the recent European developments concerning product liability in the aviation domain. Particularly the landmark judgment in Überlingen Manufacturers provided new insights on the definition of product defects (manufacturing, design and warning defects) and the availability of

  17. 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.

  18. Medical liability of the physician in training.

    Science.gov (United States)

    Wegman, Brian; Stannard, James P; Bal, B Sonny

    2012-05-01

    Lawsuits alleging medical negligence by postgraduate physicians in training (residents) arise from treatment received by aggrieved patients at teaching hospitals. A threshold question in determining liability is whether or not the standard of care has been violated. Courts have questioned whether the proper standard governing resident physician conduct should be that of a reasonably competent generalist physician, that of a specialty physician, or whether the standard should be some subjective determination that addresses the resident level of training. We examined legal cases in which the standard of care for a physician in training has been questioned. Additionally, we address how resident conduct can extend liability to supervising physicians and employer hospitals. Westlaw and LexisNexis, two major legal databases used by law professionals, were searched to identify existing case law and law review articles related to the standard of care that applies to physicians in training. Of 57 sources initially identified, 15 legal cases and 10 law review papers addressed the standard of care pertaining to physicians in training. These selected cases and papers form the basis of the present article. The standard by which the professional conduct of a physician in training is measured has varied; most recent legal cases have applied a specialty physician standard. Relevant court rulings have tried to strike a balance between patient interests versus the societal need to train physicians. Physician representation, nature of conduct, and extent of supervision of that conduct are relevant factors used by courts to determine liability. However, the recent standards are those of the physician who directly supervises the professional conduct of a resident in a given situation.

  19. Global Environmental Liability: Multinational Corporations under Scrutiny

    Directory of Open Access Journals (Sweden)

    Vidyaranya Chakravarthy Namballa

    2014-03-01

    Full Text Available The purpose of this article is to analyse the extent of international rules that apply to multinational corporations (MNCs regarding their environmentally degrading activities and quality control qua environmental impact. The first part of the article describes the ambiguous legal status of MNCs and examines the rules that international instruments and host state agreements impose on the activities of MNCs. The second part focuses on jurisdiction and choice of law issues of cross-border litigation and brings out its major shortcoming. Finally, the conclusion comments on the efficiency of international law in imposing environmental liability on MNCs.

  20. 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 its...

  1. 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…

  2. 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…

  3. Corrective justice as a principle of civil liability

    OpenAIRE

    Ampovska, Marija

    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.

  4. "Contributory intent" as a defence limiting delictual liability | Ahmed ...

    African Journals Online (AJOL)

    In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 ...

  5. 45 CFR 30.24 - Joint and several liability.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Joint and several liability. 30.24 Section 30.24 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION Debt Compromise § 30.24 Joint and several liability. (a) When two or more debtors are jointly and severally liable...

  6. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, Francesco; 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

  7. 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...

  8. 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...

  9. 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... CALIFORNIA Order Regulating Handling Miscellaneous Provisions § 917.68 Liability of committee members. No members of the Control Committee, any commodity committee, or other committee, or any subcommittee, or any...

  10. 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

  11. 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..., the Secretary of the Treasury may value the assets and liabilities of such companies in his discretion...

  12. Inclusive and Exclusive |Vub|

    Energy Technology Data Exchange (ETDEWEB)

    Petrella, Antonio; /Ferrara U. /INFN, Ferrara

    2011-11-17

    The current status of the determinations of CKM matrix element |V{sub ub}| via exclusive and inclusive charmless semileptonic B decays is reviewed. The large datasets collected at the B-Factories, and the increased precision of theoretical calculations have allowed an improvement in the determination of |V{sub ub}|. However, there are still significant uncertainties. In the exclusive approach, the most precise measurement of the pion channel branching ratio is obtained by an untagged analysis. This very good precision can be reached by tagged analyses with more data. The problem with exclusive decays is that the strong hadron dynamics can not be calculated from first principles and the determination of the form factor has to rely on light-cone sum rules or lattice QCD calculations. The current data samples allow a comparison of different FF models with data distributions. With further developments on lattice calculations, the theoretical error should shrink to reach the experimental one. The inclusive approach still provides the most precise |V{sub ub}| determinations. With new theoretical calculations, the mild (2.5{sigma}) discrepancy with respect to the |V{sub ub}| value determined from the global UT fit has been reduced. As in the exclusive approach, theoretical uncertainties represent the limiting factor to the precision of the measurement. Reducing the theoretical uncertainties to a level comparable with the statistical error is challenging. New measurements in semileptonic decays of charm mesons could increase the confidence in theoretical calculations and related uncertainties.

  13. Ombuds' Corner: Social exclusion

    CERN Multimedia

    CERN bulletin

    2012-01-01

    In this special video edition of the Ombuds' Corner, Ombudsman Vincent Vuillemin takes a look at a social exclusion at CERN. Please note that the characters and situations appearing in this work are fictitious, and any resemblance to real persons or events is purely coincidental.

  14. Exclusive Production at CMS

    CERN Document Server

    Walczak, Marek

    2016-01-01

    I briefly introduce so-called central exclusive production. I mainly focus on the example analyses that have been performed in the CMS experiment at CERN. I conclude with ideas and perspectives for future work that will be done during Run 2 of the LHC. I pay special attention to the ultraperipheral collisions.

  15. EXCLUSIVELY FOR SIX MONTHS

    African Journals Online (AJOL)

    Method: Infant feeding practices was studied prospectively among 461 mothers who delivered in JU TH and who initially intended to breastfeed exclusively for 6 months. K. Y Result: Four hundred and twenty two (91.5%) of the recruited mothers continued EBFing practice for 6 months, while 25 (5.4%) dropped out from the ...

  16. Ombuds' Corner: Social exclusion

    CERN Multimedia

    Vincent Vuillemin

    2012-01-01

    In this special video edition of the Ombuds' Corner, Vincent Vuillemin takes a look at a social exclusion at CERN. Please note that the characters and situations appearing in this work are fictitious, and any resemblance to real persons or events is purely coincidental.   Contact the Ombuds Early!

  17. [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.

  18. The psychology of exclusivity

    Directory of Open Access Journals (Sweden)

    Troy Jollimore

    2008-02-01

    Full Text Available Friendship and romantic love are, by their very nature, exclusive relationships. This paper suggests that we can better understand the nature of the exclusivity in question by understanding what is wrong with the view of practical reasoning I call the Comprehensive Surveyor View. The CSV claims that practical reasoning, in order to be rational, must be a process of choosing the best available alternative from a perspective that is as detached and objective as possible. But this view, while it means to be neutral between various value-bearers, in fact incorporates a bias against those value-bearers that can only be appreciated from a perspective that is not detached—that can only be appreciated, for instance, by agents who bear long-term commitments to the values in question. In the realm of personal relationships, such commitments tend to give rise to the sort of exclusivity that characterizes friendship and romantic love; they prevent the agent from being impartial between her beloved’s needs, interests, etc., and those of other persons. In such contexts, I suggest, needs and claims of other persons may be silenced in much the way that, as John McDowell has suggested, the temptations of immorality are silenced for the virtuous agent.

  19. 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.

  20. 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.

  1. Liability of the European Union for acts of its Institutions

    OpenAIRE

    Mihaescu, Bucura Catalina

    2011-01-01

    The following article will assess the real extent of the potential liability of the European Union. It will fi rstly focus on the recognition and the development by the EU Courts of the conditions which must be fulfi lled in order for the EU to incur liability for the acts of its institutions. It will be emphasised in this regard that, as the EU Courts’ case-law currently stand, the criteria for Union liability can differ, depending on a number of variables including whether the c...

  2. Establishment of limited liability company by individual entrepreneur

    OpenAIRE

    Pavlasová, Veronika

    2011-01-01

    My Master's Thesis is focused mainly on entrepreneur who decides to change the legal form of businness and to establish a limited liability company. For this reason I started with the characteristics of both legal forms of business firstly and then I stated all possible ways to establish limited liability company concernig legal, accounting and fiscal point of view. At the same time I was aiming to point out pros and cons of setting up a limited liability company which may affect the future p...

  3. 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.

  4. Exclusive Diplepton Production

    CERN Document Server

    CMS Collaboration

    2009-01-01

    We present a first study of exclusive production of dileptons in CMS, by selecting events with a single back-to-back $\\mu^{+}\\mu^{-}$ or $e^{+}e^{-}$ pair and no significant additional activity in the detector. These events result from two-photon exchange and photoproduction of $\\Upsilon$ mesons. The two-photon events potentially provide a high-statistics calibration sample for luminosity normalization and alignment of forward proton detectors. The $\\Upsilon$ sample will allow studies of heavy flavor photoproduction at higher energies than previous experiments.

  5. 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)

  6. 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... GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and copyright infringement liability. ...

  7. 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. ...

  8. 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. ...

  9. Exchange Rate Policy and Liability Dollarization; An Empirical Study

    OpenAIRE

    Pelin Berkmen; Cavallo, Eduardo A.

    2007-01-01

    The paper identifies the contemporaneous relationship between exchange rate policy and liability dollarization using three different definitions of dollarization. The presence of endogeneity makes the empirical identification elusive. We use identification through heteroskedasticity to solve the endogeneity problem in the present context (Rigobon, 2003). While we find that countries with high liability dollarization (external, public, or financial) tend to be more actively involved in exchang...

  10. 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).

  11. 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.

  12. Germany – Liability of members of German Vorstand (executive board)

    OpenAIRE

    Wooldridge, Frank

    1998-01-01

    Article by Dr Frank Wooldridge (University of Notre Dame, London) examining the German law pertaining to Executive Board or Director’s liabilities including joint liability, actions against directors and compromise of claim. Published in the Letter from … section of Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, Universit...

  13. Player violence or violent players? Vicarious liability for sports participants

    OpenAIRE

    James, Mark; McArdle, David

    2004-01-01

    This article analyses two recent English cases concerning the law on vicarious liability for acts of violence and considers their significance in respect of on-field acts of violence in contact sports. It provides an overview of how the law of negligence has developed in the specific context of sports injuries (including the application of the defence of volenti) and critiques the application of vicarious liability to sports cases. This is followed by a consideration of the wider law on vicar...

  14. Social exclusion and education

    Directory of Open Access Journals (Sweden)

    Jokić Vesna

    2009-01-01

    Full Text Available Social exclusion is a process whereby certain individuals are pushed to the edge of society and prevented from participating fully by virtue of their poverty, or lack of basic competencies and lifelong learning opportunities or as a result of discrimination. This distances them from job, income and education opportunities as well as social and community networks and activities. Quality education (conditions and access/accessibility/availability is one of the factors that significantly influence the reduced social exclusion. In other words, education has is key role key role in ensuring social inclusion (equal opportunities and active social participation. At the same time, education and lifelong learning is established as the basis for achieving the goals of sustainable economic development (economy based on knowledge and to achieve social cohesion. Quality education is a prerequisite for progress, development and well-being of the community. Conditions and accessibility to education have become priorities of national reforms in most European countries. The subject of this paper is the educational structure of population of Serbia and the accessibility of education. The analysis covers the educational structure with regard to age, gender and type of settlement (city and other/villages settlements.

  15. Basic Study on Term of Warranty Liability for Water Supply, Drainage, and Sanitation Arrangement Work Defect in Apartment Building

    Science.gov (United States)

    Park, Junmo; Seo, DeokSeok

    2017-06-01

    The defect lawsuit of the apartment which is the representative residential style of Korea continues and becomes a social problem. In the defect lawsuit, the term of warranty liability is a period that can demand the defect repair according to defect occurrence, and the exclusion period of the exercise of rights. However, the term of warranty liability stipulated in relevant laws such as Enforcement Decree of the Housing Act is being changed arbitrarily, without any established grounds. Therefore, a reasonable standard for establishing the term of warranty liability is required. In this study, the defects of water supply, drainage and sanitation arrangement work were studied. As a result of analyzing the number of defect occurrence in the apartment, it was shown that the defects in water supply, drainage and sanitation arrangement work occurred more than 80% in the 1st ∼ 2nd year after completion. However, the occurrence of defects from the 3rd year was extremely slight. On the other hand, it was confirmed that the defect occurrence continued until fairly late point of time as the end point of time of the defects was in the 7th to 9th years.

  16. Some Problems of Jurisprudence Concerning the Difference between Delictual Liability and Contractual Liability

    OpenAIRE

    Botina Madalina; Pangrate Alina Georgiana

    2013-01-01

    In the sphere of civil law, more specifically, in the matter of civil obligations, the notion of risk is involved for involvement in crimes or for non-contractual obligations arising out of the legal relations. Each of these types of risk are generated by nature and source of the obligation. I chose to discuss the contents of this article some problems encountered in Roman jurisprudence in relation to the type of civil liability. Of these issues we are going to analyze the difference between ...

  17. Choice Between Microfinance System Operating on the Basis of Individual Liability Loan Contract or Through Joint Liability Loan Contract

    OpenAIRE

    Kundu, Amit

    2009-01-01

    In this paper we consider that a representative of a not so affluent rural household has three options. He (she) may join in a microfinance system operating on the basis of individual liability credit contract, or on the basis of joint liability loan contract through forming self-help group or may not participate in any type of microfinance system. This paper establishes that wealthier among the not so affluent rural household prefers to join microfinance system operating on the basis of indi...

  18. Abuse liability of the dietary supplement dimethylamylamine.

    Science.gov (United States)

    Dolan, Sean B; Gatch, Michael B

    2015-01-01

    Dimethylamylamine (DMAA) is a component of many dietary supplements and has recently been associated with numerous adverse effects, prompting the US military and World Anti-Doping Agency to ban its use as a supplement. The current study aimed to elucidate the abuse liability profile of DMAA. Dose-response studies of DMAA were performed with Swiss-Webster mice in locomotor and conditioned place-preference assays. The discriminative stimulus effects of DMAA were investigated in Sprague-Dawley rats trained to discriminate either cocaine or methamphetamine from saline. DMAA produced dose-dependent locomotor depression and fully substituted for cocaine and partially substituted for methamphetamine. In the conditioned place-preference assay, DMAA produced an inverted-U-shaped dose-response curve, with intermediate doses producing significant place preference. The cocaine- and methamphetamine-like discriminative stimulus effects and the conditioned place preference produced by DMAA suggest that is has potential for abuse. These findings in combination with reports of substantial adverse effects of DMAA in humans suggest that control of DMAA may warrant further consideration. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

  19. Social exclusion in finite populations.

    Science.gov (United States)

    Li, Kun; Cong, Rui; Wu, Te; Wang, Long

    2015-04-01

    Social exclusion, keeping free riders from benefit sharing, plays an important role in sustaining cooperation in our world. Here we propose two different exclusion regimes, namely, peer exclusion and pool exclusion, to investigate the evolution of social exclusion in finite populations. In the peer exclusion regime, each excluder expels all the defectors independently, and thus bears the total cost on his own, while in the pool exclusion regime, excluders spontaneously form an institution to carry out rejection of the free riders, and each excluder shares the cost equally. In a public goods game containing only excluders and defectors, it is found that peer excluders outperform pool excluders if the exclusion costs are small, and the situation is converse once the exclusion costs exceed some critical points, which holds true for all the selection intensities and different update rules. Moreover, excluders can dominate the whole population under a suitable parameters range in the presence of second-order free riders (cooperators), showing that exclusion has prominent advantages over common costly punishment. More importantly, our finding indicates that the group exclusion mechanism helps the cooperative union to survive under unfavorable conditions. Our results may give some insights into better understanding the prevalence of such a strategy in the real world and its significance in sustaining cooperation.

  20. Contractual liability: In European, comparative and Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2011-01-01

    Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual

  1. Comparative Study of Determining of the Responsible Person and the Basis of Compensation in Civil Liability Results from Events Related to Nuclear Facilities

    Directory of Open Access Journals (Sweden)

    Sayyed Mohammad Mahdi Qabuli Dorafshan

    2015-12-01

    Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy

  2. Meningitis and legal liability: an otolaryngology perspective.

    Science.gov (United States)

    Svider, Peter F; Blake, Danielle M; Sahni, Kiren P; Folbe, Adam J; Liu, James K; Baredes, Soly; Eloy, Jean Anderson

    2014-01-01

    Meningitis is a potential complication in otolaryngologic procedures and conditions. Severe sequelae make understanding factors involved in relevant malpractice litigation critical. We analyze pertinent litigation for awards, outcomes, patient demographic factors, and other alleged causes of malpractice. Pertinent jury verdict and settlement reports were examined using the Westlaw legal database (Thomson Reuters, New York, NY). Twenty-three cases (60.5%) involved non-iatrogenic injuries, including inadequate treatment or failure to diagnose sinusitis or otitis media, while 15 (39.5%) involved iatrogenic cases, mostly rhinologic procedures. 36.8% of cases were resolved for the defendant, 28.9% with juries awarding damages, and 34.2% with settlements. Although not statistically significant, mean damages awarded were higher than settlements ($2.1 vs. 1.5M, p=0.056), and cases involving pediatric patients were more likely to be resolved with payment than those with adult litigants (80.0% vs. 52.2%, p=0.08 respectively). Other frequent alleged factors included permanent deficits (63.2%), requiring additional surgery (41.1%), death (34.2%), cognitive deficits (21.2%), deafness (15.8%), and inadequate informed consent (33.0% of iatrogenic cases). Practitioners facing litigation related to meningitis may wish to consider these findings, notably for cases involving death or permanent functional deficits, as cases with out of court settlements tended to be resolved with lower payments. Cases involving misdiagnosis may be more likely to be resolved with payment compared with iatrogenic cases. By understanding the issues detailed in this analysis and including them in the informed consent process for patients undergoing rhinologic and otologic procedures, otolaryngologists may potentially improve patient safety and decrease liability. © 2014.

  3. Exclusive meson production at COMPASS

    CERN Document Server

    Sznajder, Paweł

    2014-01-01

    In this paper we summarize recent measurements of exclusive meson production performed by the COMPASS Collaboration. In particular, recent results on the transverse target spin asymmetries for exclusive r 0 production are presented. Some of these asymmetries are sensitive to the GPDs E , which are related to the orbital angular momentum of quarks. Other asymmetries are sensitive to the chiral-odd, transverse GPDs H T . Measurements of exclusive processes, which are a part of the COMPASS-II proposal, are also discussed

  4. 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. 

  5. 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.

  6. Legal liability for failure to prevent pregnancy (wrongful pregnancy).

    Science.gov (United States)

    Coetzee, Lodewicus Charl

    2017-04-25

    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.

  7. 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 

  8. 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...

  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. Exclusive Rights and State Aid

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2017-01-01

    Exclusive rights are granted in order to regulate markets as one of several possible tools of public intervention. The article considers the role of State aid law in the regulation of exclusive rights. Whereas the right of Member States to organise markets as monopolies and the choice of provider...

  11. 48 CFR 1426.7103 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund...

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization...

  12. Mergers and acquisitions: director and consultant liability exposure.

    Science.gov (United States)

    Waxman, J M

    1995-02-01

    Corporate directors and their consultants must make decisions in an uncertain and changing health care environment. The losses each may face as a result of an incomplete analysis of the true value of the entities involved in mergers or acquisitions may extend beyond the failure of the transaction to the creation of personal liability as well. Accordingly, objective, careful, detailed, and fair decision-making based upon adequate information is more critical than ever for directors if they are to be able to take advantage of the business judgment rule, and also for consultants to avoid their own liability when transactions fail to deliver the values they have estimated.

  13. Professional Liability Insurance Contracts: Claims Made Versus Occurrence Policies

    OpenAIRE

    Martin Boyer; Karine Gobert

    2009-01-01

    One of the major contract innovation in liability insurance during the liability crisis of the early 1980s was the introduction of claims-made and reported insurance contracts. Typical insurance contracts are based on loss occurrence (i.e., occurrence-based contracts), which means that a loss incurred in a given year is covered by the insurance contract for that year, no matter when the claims is actually reported. In a claims-made contract, losses are covered in the year in which they are re...

  14. In our common interest: Liability and redress for damage caused to ...

    African Journals Online (AJOL)

    Those instruments that do, however, contain a liability regime, reveal serious flaws to the degree that not all categories of armed conflict are attended to and only criminal sanctions (with no civil liability) are envisaged, coupled with the significant failure to extend liability to States Parties. Some international instruments fail to ...

  15. 12 CFR 226.1 - Authority, purpose, coverage, organization, enforcement and liability.

    Science.gov (United States)

    2010-01-01

    ... civil liability provisions of sections 108 and 130 of the act. Effective Date Note: At 74 FR 5397, Jan..., incorporates by reference administrative enforcement and civil liability provisions of sections 108 and 130 of..., enforcement and liability. 226.1 Section 226.1 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF...

  16. 33 CFR 138.240 - Procedure for calculating limit of liability adjustments for inflation.

    Science.gov (United States)

    2010-07-01

    ... of liability adjustments for inflation. 138.240 Section 138.240 Navigation and Navigable Waters COAST... calculating limit of liability adjustments for inflation. (a) Formula for calculating a cumulative percent... every three years from the year the limits of liability were last adjusted for inflation, the Director...

  17. 78 FR 76332 - Proposed Submission of Information Collection for OMB Review; Comment Request; Liability for...

    Science.gov (United States)

    2013-12-17

    ... INFORMATION: Section 4062 of the Employee Retirement Income Security Act of 1974, as amended, provides that... group (``the employer'') incur liability (``employer liability'') if the plan terminates with assets... 30 percent of the employer's net worth. Section 4062.6 of PBGC's employer liability regulation (29...

  18. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

    ... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed...

  19. A stochastic-programming approach to integrated asset and liability ...

    African Journals Online (AJOL)

    This increase in complexity has provided an impetus for the investigation into integrated asset- and liability-management frameworks that could realistically address dynamic portfolio allocation in a risk-controlled way. In this paper the authors propose a multi-stage dynamic stochastic-programming model for the integrated ...

  20. [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.

  1. motor vehicle lessors' liability for damages to third parties: acomment

    African Journals Online (AJOL)

    eliasn

    Introduction. Amidst deteriorating road safety and increased motor vehicle accidents, litigations involving Article 2081 et seq. of the Ethiopian Civil Code appear to have increased in the last few years. Interesting court decisions involving, among other things, the scope of the strict liability rules of the Ethiopian extra-.

  2. 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)

  3. 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…

  4. 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

  5. THE BASIS OF MEDICAL LIABILITY A) CONTRACT AND TORT are ...

    African Journals Online (AJOL)

    Whether a civil lawsuit based on tort law will succeed or not depends on the type of tort ... considerably above that at which civil liability may be incurred. Traditionally it has .... “Standard” in hospitals or other health facilities includes procedures, guidelines, accepted usages and principles …etc. Article 2031. (1) A person ...

  6. Robustness for Asset-Liability Management of Pension Funds

    NARCIS (Netherlands)

    Horváth, Ferenc; de Jong, Frank; Werker, Bas

    2016-01-01

    We survey the literature on robust dynamic asset allocation with an emphasis on the asset-liability management of pension funds. After demonstrating the difference between risk and uncertainty (Section 1), we introduce two levels of uncertainty: parameter uncertainty and model uncertainty (Section

  7. 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

  8. 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

  9. 31 CFR 370.26 - What limitations exist on liability?

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.26 Section 370.26 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...

  10. 31 CFR 370.15 - What limitations exist on liability?

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.15 Section 370.15 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...

  11. 31 CFR 370.41 - What limitations exist on liability?

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.41 Section 370.41 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...

  12. 29 CFR 4281.18 - Outstanding claims for withdrawal liability.

    Science.gov (United States)

    2010-07-01

    ... INSOLVENCY, REORGANIZATION, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS DUTIES OF PLAN... in insolvency proceedings. The plan sponsor shall value an outstanding claim for withdrawal liability... title 11, United States Code, or any case or proceeding under similar provisions of state insolvency...

  13. Intellectual property liability of consumers, facilitators, and intermediaries

    NARCIS (Netherlands)

    Heath, C.; Kamperman Sanders, A.W.J.

    2012-01-01

    With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting

  14. 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

  15. A Spectrum of Liabilities for Off-Campus Housing

    Science.gov (United States)

    Cormier, Mary-Pat

    2015-01-01

    The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…

  16. Pharmacists' liability: what my pharmacy law professor did not cover.

    Science.gov (United States)

    Rizo, Mike; Seamon, Matthew

    2013-01-01

    This article summarizes a practicing pharmacist's take on the liability of pharmacists in current pharmacy practice. The author, who feels that compounding pharmacists should be held to the same standards as other healthcare providers in civil litigations, provides a look at what he considers "entrapment" by way of legal double standards between independent pharmacy and big pharma.

  17. 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 of...

  18. 26 CFR 31.3111-4 - Liability for employer tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for employer tax. 31.3111-4 Section...) 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...

  19. 76 FR 62419 - Science of Abuse Liability Assessment; Public Workshop

    Science.gov (United States)

    2011-10-07

    ... HUMAN SERVICES Food and Drug Administration Science of Abuse Liability Assessment; Public Workshop AGENCY: Food and Drug Administration, HHS. ACTION: Notice of public workshop; request for comments. The Food and Drug Administration (FDA) is announcing a public workshop to discuss the science of abuse...

  20. Internship and Consulting Engagements: Management of the University's Liability.

    Science.gov (United States)

    Peak, Daniel A.; O'Hara, Michael J.

    1999-01-01

    Examines liability incurred by university-sponsored information technology internships and consulting relationships with the business community. In these outreach engagements, the university takes the role of primary insurer for the business client and provides an indemnity shield for the university's representatives. As the number of engagements…

  1. 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 appears...

  2. Criminal Liability of Political Decision-Makers in the Netherlands

    NARCIS (Netherlands)

    Geelhoed, Willem; Zimmermann, Frank

    2017-01-01

    Dutch criminal law does not provide for criminal liability for a political decision-maker who decides to build a bridge, if thereafter the project runs out of control or the bridge appears not to justify the funds spent on the project. This is most probably even the case if the decision-maker knew

  3. The Liability Rules under International GHG Emissions Trading

    NARCIS (Netherlands)

    Zhang, ZX

    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

  4. The jurisprudence of product liability in Nigeria: a need to ...

    African Journals Online (AJOL)

    Bearing in mind that a principal rationale of tort law is to ensure that prejudiced parties are compensated for losses suffered, this article explains why it is necessary to assess and review applicable principle of liability in Nigeria to ensure that it is in line with the demands of justice, which should be in conformity with the ...

  5. Exclusive dimuon production with LHCb

    CERN Multimedia

    Shears, Tara

    2011-01-01

    We report on studies of exclusive dimuon production using LHCb experimental data. Exclusively produced muon pairs can be produced by two photon fusion (a QED process ideally suited to obtaining a precise integrated luminosity measure), or through resonances produced by pomeron-photon fusion or double pomeron exchange.We present cross-section measurements for exclusive dimuon production, and the first observations at a proton-proton collider of exclusive J/psi, psi’ and chi_c states, obtained with 37 pb-1 of data at centre of mass energy of 7 TeV. The resolution of the LHCb detectors allow the chic0, chic1 and chic2 states to be separated. We compare our results to theoretical predictions.

  6. Analysis Brazilian preference shares: financial liabilities or equity instruments?

    Directory of Open Access Journals (Sweden)

    Diana Lucia de Almeida

    2016-05-01

    Full Text Available The Brazilian preference shares, in general, except when they present specific features, such as mandatory redemption and cumulative dividends, meet the accounting definition of equity instruments. However, the scientific literature believes that those shares that do not have discretion to avoid the delivery of cash must be classified as financial liabilities. In a context in which remain differences of understanding of their proper accounting treatment, the following question arises: preferred shares of Brazilian companies are being recognized in the financial statements in accordance with the theoretical and normative precepts? Thus, the aim of this study is to verify if the preference shares of Brazilian companies have been recognized in the financial statements for according to the scientific literature and accounting standards. Through content analysis, we analyzed the information of 157 companies listed on BM&FBOVESPA. The results show that 155 companies classify its preference shares as equity instruments and two as financial liabilities. These two companies, as well as 149 of those which qualify as equity instruments, are treating them properly in its accounting. The other six companies should present its preference shares as liabilities, given the absence of discretion to avoid cash delivery, feature present in financial liabilities, unlike equity instruments. It is noticed that, unlike what happens, for instance, in the US market, it is not possible to classify all Brazilian preference shares as a financial liability, since, in Brazil , they are used in different legal format of those widely found in that market. Moreover, almost all of the analyzed shares have essential features for classification as equity instruments. Hence, the importance of analysis of the economic essence of each instrument, thus, enabling the appropriate accounting treatment in the financial statements.

  7. Central Exclusive Production at LHCb

    CERN Document Server

    Rachwal, Bartlomiej

    2017-01-01

    The LHCb detector, with its excellent momentum resolution and flexible trigger strategy, is ideally suited for measuring particles produced exclusively. In addition, a new system of forward shower counters has been installed upstream and downstream of the detector, and has been used to facilitate studies of Central Exclusive Production. Such measurements of integrated and differential cross-section in both Run 1 and Run 2 of the LHC, are summarised here.

  8. 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 liability...

  9. 26 CFR 1.707-5 - Disguised sales of property to partnership; special rules relating to liabilities.

    Science.gov (United States)

    2010-04-01

    ... partnership. A similar rule applies to other related party transactions involving liabilities to the extent...; special rules relating to liabilities. 1.707-5 Section 1.707-5 Internal Revenue INTERNAL REVENUE SERVICE...-5 Disguised sales of property to partnership; special rules relating to liabilities. (a) Liability...

  10. 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

  11. RELIGIOUS EXCLUSIVITY AND PSYCHOSOCIAL FUNCTIONING.

    Science.gov (United States)

    Gegelashvili, M; Meca, A; Schwartz, S J

    2015-01-01

    In the present study we sought to clarify links between religious exclusivity, as form of intergroup favoritism, and indices of psychosocial functioning. The study of in group favoritism has generally been invoked within Social Identity Theory and related perspectives. However, there is a lack of literature regarding religious exclusivity from the standpoint of social identity. In particular, the ways in which religious exclusivity is linked with other dimensions of religious belief and practice, and with psychosocial functioning, among individuals from different religious backgrounds are not well understood. A sample of 8545 emerging-adult students from 30 U.S. universities completed special measures. Measure of religious exclusivity was developed and validated for this group. The results suggest that exclusivity appears as predictor for impaired psychosocial functioning, low self-esteem and low psychosocial well-being for individuals from organized faiths, as well as for those identifying as agnostic, atheist, or spiritual/nonreligious. These findings are discussed in terms of Social Identity Theory and Terror Management Theory (TMT).

  12. CMS results on exclusive production

    CERN Document Server

    Khakzad, Mohsen

    2016-01-01

    A search for exclusive or quasi-exclusive $\\gamma\\gamma \\rightarrow W^{+}W^{-}$ production, ${\\rm pp} \\rightarrow {\\rm p}^{(*)} W^{+}W^{-} {\\rm p}^{(*)} \\rightarrow {\\rm p}^{(*)} \\mu^{\\pm} {\\rm e}^{\\mp} {\\rm p}^{(*)}$, at $\\sqrt{s}$ = 8 TeV (7 TeV) are reported using data corresponding to an integrated luminosity of 19.7 $\\rm {fb}^{-1}$ (5.5$\\rm {fb}^{-1}$), respectively. In this study, we look for any deviations that there might be from the Standard Model, and the results are used to set limits on the Anomalous Quartic Gauge Couplings. We also report a measurement of the exclusive production of pairs of charged pions in proton-proton collisions. The differential cross sections for $\\pi^{+}\\pi^{-}$ pairs as a function of the pion pair invariant mass is measured and compared to several phenomenological predictions.

  13. Carrier's Liability Insurance in the Function of Transportation Service Quality

    Directory of Open Access Journals (Sweden)

    Dragica Dalić

    2008-01-01

    Full Text Available The quality of transportation se1vices understands quickness,accuracy and safety at minimal costs for the carrier andthe service user. Possible emergency situations may bring substantialmaterial and business damage both to the service userand to the transportation service provider. Carrier's liability insurancegives the carrier security in case of evidenced full orpartial loss or damage of goods, as well as in case of delay in delivery.The insurance allows annulment of carrier's costs generatedby emergency situations which favourably affects the operationof transportation companies and allows maintenance ofthe quality of the carrier's se1vices. The work analyses the presenceof can·ier's liability insurance in the Republic of Croatia atfive insurance companies, through the analysis of the totalnumber of insurances and the number of insured vehicles, followingthe trend in this type of insurance and its influence onthe quality of the carrier services.

  14. 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.

  15. 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.

  16. Observation Status, Poverty, and High Financial Liability Among Medicare Beneficiaries.

    Science.gov (United States)

    Goldstein, Jennifer N; Zhang, Zugui; Schwartz, J Sanford; Hicks, LeRoi S

    2018-01-01

    Medicare beneficiaries hospitalized under observation status are subject to cost-sharing with no spending limit under Medicare Part B. Because low-income status is associated with increased hospital use, there is concern that such beneficiaries may be at increased risk for high use and out-of-pocket costs related to observation care. Our objective was to determine whether low-income Medicare beneficiaries are at risk for high use and high financial liability for observation care compared with higher-income beneficiaries. We performed a retrospective, observational analysis of Medicare Part B claims and US Census Bureau data from 2013. Medicare beneficiaries with Part A and B coverage for the full calendar year, with 1 or more observation stay(s), were included in the study. Beneficiaries were divided into quartiles representing poverty level. The associations between poverty quartile and high use of observation care and between poverty quartile and high financial liability for observation care were evaluated. After multivariate adjustment, the risk of high use was higher for beneficiaries in the poor (Quartile 3) and poorest (Quartile 4) quartiles compared with those in the wealthiest quartile (Quartile 1) (adjusted odds ratio [AOR], 1.21; 95% confidence interval [CI], 1.13-1.31; AOR, 1.24; 95% CI, 1.16-1.33). The risk of high financial liability was higher in every poverty quartile compared with the wealthiest and peaked in Quartile 3, which represented the poor but not the poorest beneficiaries (AOR, 1.17; 95% CI, 1.10-1.24). Poverty predicts high use of observation care. The poor or near poor may be at highest risk for high liability. Copyright © 2018 Elsevier Inc. All rights reserved.

  17. [Principles of medical liability and practice in medical imaging].

    Science.gov (United States)

    Thibierge, M; Fournier, L; Cabanis, E A

    1999-07-01

    Radiologists are liable for all aspects of their practice, from the indication of an examination to the radiology report and follow-up, as well as for providing information and recommendations. They are liable for their decisions and actions. They are liable for their competence and continuous medical education. They are also liable for their own equipment and staff. In cases of litigation, the liability of a radiologist may be questioned. Four types of procedures must been known: penal, civil, administrative and disciplinary.

  18. Basic Study on Term of Warranty Liability for Miscellaneous Work

    Science.gov (United States)

    Park, Junmo; Seo, Deokseok

    2017-10-01

    In Korea, defect lawsuits for apartment buildings, the most common housing style, are becoming a social issue. Among various issues in defect lawsuits, warranty of liability is very important. This is because the business entities are responsible for assuring the maintenance of the defects during this period, and at the same time, the residents can request fair compensation for the defects. However, provisions on the term of warranty of liability provided in the current Housing Act were made 40 years ago when the social basis were weak. Thus, it does not have any rational foundation. In order to improve these problems, basic research on the warranty of liability by major types of apartments is needed. In this study, the defect cases for miscellaneous works of apartments were examined and analyzed. Miscellaneous work consists of ondol work, kitchenware work, indoor and outdoor equipment work, and metallic work. Among them, kitchenware work and metallic work showed a lot of defects. On the other hand, warranty of liability covers up to 10 years in total. The defect occurrence for the entire miscellaneous work showed a tendency to concentrate in the first and the second year. It is the third year that the total defects reach 95%, and the fourth year that exceeds 99%. The ondol work, indoor and outdoor equipment work and metallic work had this tendency. On the other hand, for kitchenware work, it is the third year that the defect occurrence reaches 99%, and it implies that the defect tends to occur more quickly than in other detailed works.

  19. 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.).

  20. [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.

  1. 75 FR 42718 - Notice of Intent To Grant an Exclusive License; Doar, Pekuin, Sall Limited Liability Company

    Science.gov (United States)

    2010-07-22

    ... are to be filed with the National Security Agency Technology Transfer Program, 9800 Savage Road, Suite... Company AGENCY: National Security Agency, DoD. ACTION: Notice. SUMMARY: The National Security Agency... inventions are assigned to the United States Government as represented by the National Security Agency. DATES...

  2. Exclusive processes at Jefferson Lab

    Indian Academy of Sciences (India)

    namics, where nucleon–meson degrees of freedom are effective to perturbative QCD of quark and gluon degrees of freedom, is one of the most fundamental, challenging tasks in nuclear and particle physics. Exclusive ... There is no clear guidance from theory as to the limits of the transition region; it must instead be ...

  3. Exclusive meson production at COMPASS

    CERN Document Server

    Pochodzalla, Josef; Moinester, Murray; Piller, Gunther; Sandacz, Andrzej; Vanderhaeghen, Marc; Pochodzalla, Josef; Mankiewicz, Lech; Moinester, Murray; Piller, Gunther; Sandacz, Andrzej; Vanderhaeghen, Marc

    1999-01-01

    We explore the feasibility to study exclusive meson production (EMP) in hard muon-proton scattering at the COMPASS experiment. These measurements constrain the off-forward parton distributions (OFPD's) of the proton, which are related to the quark orbital contribution to the proton spin.

  4. Exclusive processes at Jefferson Lab

    Indian Academy of Sciences (India)

    Exclusive processes such as proton–proton elastic scattering, meson photoproduction, and deuteron photodisintegration have been pursued extensively at many laboratories over the years in the search for such a transition, particularly at Jefferson Lab in recent years, taking the advantage of the high luminosity capability of ...

  5. Social exclusion in the Netherlands

    NARCIS (Netherlands)

    Gerda Jehoel-Gijsbers

    2004-01-01

    Original title: Sociale uitsluiting. This study seeks to provide a greater insight into the situation of citizens for whom 'taking part' is a problem, in other words who are victims of social exclusion. In order to expose this problem adequately, it is first important to make clear how the

  6. University Ranking as Social Exclusion

    Science.gov (United States)

    Amsler, Sarah S.; Bolsmann, Chris

    2012-01-01

    In this article we explore the dual role of global university rankings in the creation of a new, knowledge-identified, transnational capitalist class and in facilitating new forms of social exclusion. We examine how and why the practice of ranking universities has become widely defined by national and international organisations as an important…

  7. 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...

  8. Strict Liability as a Deterrent in Toxic Waste Management: Empirical Evidence from Accident and Spill Data

    OpenAIRE

    Austin, David; Alberini, Anna

    1998-01-01

    This paper explores the issue of whether strict liability imposed on polluters has served to reduce uncontrolled releases of toxics into the environment. Strict liability should create additional incentives for firms to handle hazardous substances more carefully, thus reducing the future likelihood of uncontrolled releases of toxics. However, the size of these incentives may vary according to the size of a firm's assets, since asset size is the ultimate limit on a firm's liability. We are the...

  9. ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

    OpenAIRE

    Stefania-Alina DUMITRACHE

    2014-01-01

    According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to c...

  10. 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.

  11. Assessment of the Abuse Liability of Synthetic Cannabinoid Agonists JWH-030, JWH-175, and JWH-176

    OpenAIRE

    Tampus, Reinholdgher; Yoon, Seong Shoon; de la Pe?a, June Bryan; Botanas, Chrislean Jun; Kim, Hee Jin; Seo, Joung-Wook; Jeong, Eun Ju; Jang, Choon Gon; Cheong, Jae Hoon

    2015-01-01

    The emergence and use of synthetic cannabinoids have greatly increased in recent years. These substances are easily dispensed over the internet and on the streets. Some synthetic cannabinoids were shown to have abuse liability and were subsequently regulated by authorities. However, there are compounds that are still not regulated probably due to the lack of abuse liability studies. In the present study, we assessed the abuse liability of three synthetic cannabinoids, namely JWH-030, JWH-175,...

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

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2006-06-01

    Full Text Available 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 fairly and justly, thus preventing undesirable or unreasonable outcomes. There is no sufficiently compelling reason to deviate from these generally applied rules or to accept immunity for supervisors. The system of tort law is well capable of avoiding the award of too much compensation too fast, as the conditions for liability are not easily fulfilled.

  13. Gender, Marginalisation and Social Exclusion

    DEFF Research Database (Denmark)

    D. Munk, Martin

    The paper is focused on the fact that marginalisation and social exclusion are gender-related in the EU. Even when boys and girls experience the same kinds of strain and social inheritance, they react socially different. Likewise women and men are marginalised in different ways. The differing acc...... access to the five ressources: cultural, financial, mental, social and powerrelated resources is highlighted. It is demonstrated how gender involves living in different realities, and requires different solutions to create equal possibilities.......The paper is focused on the fact that marginalisation and social exclusion are gender-related in the EU. Even when boys and girls experience the same kinds of strain and social inheritance, they react socially different. Likewise women and men are marginalised in different ways. The differing...

  14. Intrapersonal and interpersonal processes of social exclusion.

    Science.gov (United States)

    Kawamoto, Taishi; Ura, Mitsuhiro; Nittono, Hiroshi

    2015-01-01

    People have a fundamental need to belong with others. Social exclusion impairs this need and has various effects on cognition, affect, and the behavior of excluded individuals. We have previously reported that activity in the dorsal anterior cingulate cortex (dACC) and right ventrolateral prefrontal cortex (rVLPFC) could be a neurocognitive index of social exclusion (Kawamoto et al., 2012). In this article, we provide an integrative framework for understanding occurrences during and after social exclusion, by reviewing neuroimaging, electrophysiological, and behavioral studies of dACC and rVLPFC, within the framework of intrapersonal and interpersonal processes of social exclusion. As a result, we have indicated directions for future studies to further clarify the phenomenon of social exclusion from the following perspectives: (1) constructional elements of social exclusion, (2) detection sensitivity and interpretation bias in social exclusion, (3) development of new methods to assess the reactivity to social exclusion, and (4) sources of social exclusion.

  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. Liability impact of the hospitalist model of care.

    Science.gov (United States)

    Schaffer, Adam C; Puopolo, Ann Louise; Raman, Supriya; Kachalia, Allen

    2014-12-01

    An increasingly large proportion of inpatient care is provided by hospitalists. The care discontinuities inherent to hospital medicine raise concerns about malpractice risk. However, little published data exist on the medical liability risks associated with care by hospitalists. We sought to determine the risks and outcomes of malpractice claims against hospitalists in internal medicine. Retrospective observational analysis. Using claims data from a liability insurer-maintained database of over 52,000 malpractice claims, we measured the rates of malpractice claims against hospitalists compared to other physician specialties, types of allegations against hospitalists, contributing factors, and the severity of injury in and outcomes of these claims. Hospitalists had a malpractice claims rate of 0.52 claims per 100 physician coverage years (PCYs), which was significantly lower than that of nonhospitalist internal medicine physicians (1.91 claims per 100 PCYs), emergency medicine physicians (3.50 claims per 100 PCYs), general surgeons (4.70 claims per 100 PCYs), and obstetricians-gynecologists (5.56 claims per 100 PCYs) (P < 0.001 for all comparisons). The most common allegation types made against hospitalists were for errors in medical treatment (41.5%) and diagnosis (36.0%). The most common contributing factors underlying claims were deficiencies in clinical judgment (54.4%) and communication (36.4%). Of the claims made against hospitalists, 50.4% involved the death of the patient. Despite fears of increased liability from the hospitalist model of care, hospitalists in internal medicine are subject to medical malpractice claims less frequently when compared to other internal medicine physicians and specialties. © 2014 Society of Hospital Medicine.

  17. 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 prosecutor's decision, whether to prosecute or not. © The Author(s) 2013 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

  18. 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

    2017-11-01

    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.

  19. Electronic cigarettes: abuse liability, topography and subjective effects

    Science.gov (United States)

    Evans, Sarah E; Hoffman, Allison C

    2014-01-01

    Objective To review the available evidence evaluating the abuse liability, topography, subjective effects, craving and withdrawal suppression associated with e-cigarette use in order to identify information gaps and provide recommendations for future research. Methods Literature searches were conducted between October 2012 and January 2014 using five electronic databases. Studies were included in this review if they were peer-reviewed scientific journal articles evaluating clinical laboratory studies, national surveys or content analyses. Results A total of 15 peer-reviewed articles regarding behavioural use and effects of e-cigarettes published between 2010 and 2014 were included in this review. Abuse liability studies are limited in their generalisability. Topography (consumption behaviour) studies found that, compared with traditional cigarettes, e-cigarette average puff duration was significantly longer, and e-cigarette use required stronger suction. Data on e-cigarette subjective effects (such as anxiety, restlessness, concentration, alertness and satisfaction) and withdrawal suppression are limited and inconsistent. In general, study data should be interpreted with caution, given limitations associated with comparisons of novel and usual products, as well as the possible effects associated with subjects’ previous experience/inexperience with e-cigarettes. Conclusions Currently, very limited information is available on abuse liability, topography and subjective effects of e-cigarettes. Opportunities to examine extended e-cigarette use in a variety of settings with experienced e-cigarette users would help to more fully assess topography as well as behavioural and subjective outcomes. In addition, assessment of ‘real-world’ use, including amount and timing of use and responses to use, would clarify behavioural profiles and potential adverse health effects. PMID:24732159

  20. Reflections of Civil and Criminal Liability in Obstetrical Violence Cases

    Directory of Open Access Journals (Sweden)

    Roberto Carvalho Veloso

    2016-10-01

    Full Text Available Obstetric violence is characterized by the imposition of interventions harmful to the physical and psychological integrity of pregnant women, perpetrated by health professionals and institutions (public and private in which such women are assisted. This paper aims to discuss the civil and criminal liability in cases of obstetric violence, from the judgments of the Supreme Court (STF, Superior Court of Justice (STJ and the Courts of Justice (TJs of the Rio Grande do Sul State and Minas Gerais, in order to identify the nature of the punishment and characterization of obstetric violence.

  1. [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.

  2. Hazardous waste and the common law theories of liability

    Energy Technology Data Exchange (ETDEWEB)

    Wang, C.C.K.

    1985-02-01

    A primer for chemical engineers, this review gives examples of cases involving hazardous waste and environmental pollution. It begins with the discussion of common law tort and its application. The review covers the statute of limitations and common law as it applies to negligence, trespass, nuisance, strict liability, and damages and remedies. Because of the complexity of common law, the courts will render diverse and sometimes conflicting or confusing decisions. Given the explosive expansion of public awareness and scrutiny in the area of hazardous wastes, the chemical engineer should have a basic appreciation of common law. Professional assistance is advisable since the area is always changing.

  3. 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

  4. 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.

  5. Economic analysis of the principles of liability in tort in the backdrop of liability for compensation for damage occurring as a result of the activities of one entity to the goods of another entity

    National Research Council Canada - National Science Library

    Kuźmicka-Sulikowska, Joanna

    2012-01-01

    ... of the activities of one entity borne in the goods of another. Lack of liability situations are treated in some detail as well as liability based on the principle of risk and the principle of fault...

  6. PENGARUH MANAJEMEN ASET, MANAJEMEN LIABILITI, MANAJEMEN ASET LIABILITI TERHADAP ECONOMIC VALUE ADDED (EVA PADA PERBANKAN KONVENSIONAL YANG TERDAFTAR DI BURSA EFEK INDONESIA

    Directory of Open Access Journals (Sweden)

    H Hamidah

    2013-08-01

    Full Text Available Generally, company wants to optimize its profit. Properly manage the asset management, liability management and asset liability management can provide value added profits for the company. A sample of research consists of 18 banking companies listed at Indonesia Stock Exchange (IDX during the 2005-2009. This research investigate the relationship net loans/total earning assets (NLA, non performing loan (NPL, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR on economic value added (EVA. The research use regression of panel data. The result show that net loans/total earning assets (NLA, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR are have significant effect on economic value added (EVA but non performing loan (NPL.

  7. 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

  8. 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.…

  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. 24 CFR 965.215 - Lead-based paint liability insurance coverage.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...

  11. 48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

  12. 48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

  13. 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 district...

  14. 47 CFR 32.3999 - Instructions for balance sheet accounts-liabilities and stockholders' equity.

    Science.gov (United States)

    2010-10-01

    ...-liabilities and stockholders' equity. 32.3999 Section 32.3999 Telecommunication FEDERAL COMMUNICATIONS... stockholders' equity. Liabilities and Stockholders' Equity Accounts To Be Maintained by Class A and Class B... equity: Capital stock 4510 4510 Additional paid-in capital 4520 4520 Treasury stock 4530 4530 Other...

  15. 18 CFR 367.101 - Accounts 231-243, Current and accrued liabilities.

    Science.gov (United States)

    2010-04-01

    ... obligations which must be classified as long-term debt until date of maturity; accrued taxes, such as income..., Current and accrued liabilities. 367.101 Section 367.101 Conservation of Power and Water Resources FEDERAL... NATURAL GAS ACT Special Instructions § 367.101 Accounts 231-243, Current and accrued liabilities. Current...

  16. 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 anti-fraud...

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

    NARCIS (Netherlands)

    van der Sloot, B.

    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

  18. Article 28 of the ICC Statute: Mode of Liability and/or Separate Offense?

    NARCIS (Netherlands)

    van Sliedregt, E.

    2009-01-01

    Article 28 of the ICC Statute encapsulates the concept of command or superior responsibility. This is a complex and multilayered concept of liability. It is, on the one hand, a mode of liability, and, on the other hand, a separate offense. It is noteworthy that certain national laws recognize the

  19. 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

  20. 38 CFR 17.277 - Third-party liability/medical care cost recovery.

    Science.gov (United States)

    2010-07-01

    .../medical care cost recovery. 17.277 Section 17.277 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF...)-Medical Care for Survivors and Dependents of Certain Veterans § 17.277 Third-party liability/medical care cost recovery. The Center will actively pursue third-party liability/medical care cost recovery in...

  1. Tartrazine exclusion for allergic asthma.

    Science.gov (United States)

    Ardern, K D; Ram, F S

    2001-01-01

    Tartrazine is the best known and one of the most commonly used food additives. Food colorants are also used in many medications as well as foods. There has been conflicting evidence as to whether tartrazine causes exacerbations of asthma with some studies finding a positive association especially in individuals with cross-sensitivity to aspirin. To assess the overall effect of tartrazine (exclusion or challenge) in the management of asthma. A search was carried out using the Cochrane Airways Group specialised register. Bibliographies of each RCT was searched for additional papers. Authors of identified RCTs were contacted for further information for their trials and details of other studies. RCTs of oral administration of tartrazine (as a challenge) versus placebo or dietary avoidance of tartrazine versus normal diet were considered. Studies which focused upon allergic asthma, were also included. Studies of tartrazine exclusion for other allergic conditions such as hay fever, allergic rhinitis and eczema were only considered if the results for subjects with asthma were separately identified. Trials could be in either adults or children with asthma or allergic asthma (e.g. sensitivity to aspirin or food items known to contain tartrazine). Study quality was assessed and data abstracted by two reviewers independently. Outcomes were analysed using RevMan 4.1.1. Ninety abstracts were found, of which 18 were potentially relevant. Six met the inclusion criteria, but only three presented results in a format that permitted analysis and none could be combined in a meta-analysis. In none of the studies did tartrazine challenge or avoidance in diet significantly alter asthma outcomes. Due to the paucity of available evidence, it is not possible to provide firm conclusions as to the effects of tartrazine on asthma control. However, the six RCTs that could be included in this review all arrived at the same conclusion. Routine tartrazine exclusion may not benefit most patients

  2. 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.

  3. 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)

  4. 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.

  5. 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.

  6. Familial Liability to Epilepsy and Attention-Deficit/Hyperactivity Disorder

    DEFF Research Database (Denmark)

    Brikell, Isabell; Ghirardi, Laura; D'Onofrio, Brian M

    2018-01-01

    BACKGROUND: Epilepsy and attention-deficit/hyperactivity disorder (ADHD) are strongly associated; however, the underlying factors contributing to their co-occurrence remain unclear. A shared genetic liability has been proposed as one possible mechanism. Therefore, our goal in this study was to in......BACKGROUND: Epilepsy and attention-deficit/hyperactivity disorder (ADHD) are strongly associated; however, the underlying factors contributing to their co-occurrence remain unclear. A shared genetic liability has been proposed as one possible mechanism. Therefore, our goal in this study...... was to investigate the familial coaggregation of epilepsy and ADHD and to estimate the contribution of genetic and environmental risk factors to their co-occurrence. METHODS: We identified 1,899,654 individuals born between 1987 and 2006 via national Swedish registers and linked each individual to his or her...... biological relatives. We used logistic regression to estimate the association between epilepsy and ADHD within individual and across relatives. Quantitative genetic modeling was used to decompose the cross-disorder covariance into genetic and environmental factors. RESULTS: Individuals with epilepsy had...

  7. Exclusion Bounds for Extended Anyons

    Science.gov (United States)

    Larson, Simon; Lundholm, Douglas

    2017-08-01

    We introduce a rigorous approach to the many-body spectral theory of extended anyons, that is quantum particles confined to two dimensions that interact via attached magnetic fluxes of finite extent. Our main results are many-body magnetic Hardy inequalities and local exclusion principles for these particles, leading to estimates for the ground-state energy of the anyon gas over the full range of the parameters. This brings out further non-trivial aspects in the dependence on the anyonic statistics parameter, and also gives improvements in the ideal (non-extended) case.

  8. Distinguishing the components of household financial wealth: the impact of liabilities on assets in Euro Area countries

    OpenAIRE

    Merike Kukk

    2014-01-01

    The paper investigates the interdependence of household financial liabilities and assets, with special focus on the impact of liabilities on households’ holdings of financial assets. The paper uses the new ECB Household Finance and Consumption Survey from 2009–2010 covering euro area countries. The paper estimates a system of equations for households’ financial liabilities and assets, taking account of endogeneity and selection bias. The results indicate that higher household liabilities are ...

  9. Analysis of recent property price developments and implications for Local Property Tax liabilities and revenue yield

    Directory of Open Access Journals (Sweden)

    O’Connor Brendan

    2016-05-01

    Full Text Available The introduction of the Local Property Tax (LPT in 2013 marked a significant reform to tax policy in Ireland. Initial liabilities for LPT were determined by self-assessment into bands of property values as of May 2013, and the first revaluation was initially scheduled for November 2016. Reflecting the significant residential property price growth which has occurred since the initial valuation date, this paper estimates the implications for LPT liabilities of a hypothetical revaluation at May 2015 property prices. Drawing on a range of data sources, the authors use a transition matrix approach to illustrate the likely changes in LPT valuation bands and liabilities for residential properties. Revaluation is estimated to significantly increase tax liabilities for some taxpayers, with properties in higher valuation bands in May 2013 incurring larger increases in liability. The analysis also indicates substantial regional variation in band changes, with the largest band movements mainly occurring in Dublin.

  10. The Substantiation of the Principal’s Liability for the Agent’s Act

    Directory of Open Access Journals (Sweden)

    Vasile Sorin Curpan

    2016-07-01

    Full Text Available Although the institution of liability was consecrated centuries ago, the principal’s liability for the acts of the agent has been one of the concerns of legislators in every epoch.Even though the disputes in the juridical doctrine and practice continue, it ought to be appreciated that the New Civil Code has tried to regulate as clearly and concisely as possible the characteristic notions and relations of this type of liability which has its origin in article 1373 of the Civil Code. Being the type of liability with the highest applicability in court, the principal’s liability is one of the three cases of indirect tort, answering for their agents’ acts.    

  11. Exclusive scattering off the deuteron

    Energy Technology Data Exchange (ETDEWEB)

    Amrath, D.

    2007-12-15

    Exclusive processes are a special class of processes giving insight into the inner structure of hadrons. In this thesis we consider two exclusive processes and compute their total cross sections as well as the beam charge and beam polarization asymmetries for different kinematical constraints. These calculations o er the opportunity to get access to the nonperturbative GPDs. Theoretically they can be described with the help of models. The rst process we investigate contains a GPD of the pion, which is basically unknown so far. We include different models and make predictions for observables that could in principle be measured at HERMES at DESY and CLAS at JLab. The second process we consider is electron-deuteron scattering in the kinematical range where the deuteron breaks up into a proton and a neutron. This can be used to investigate the neutron, which cannot be taken as a target due to its lifetime of approximately 15 minutes. For the calculation of the electron-deuteron cross section we implement models for the proton and neutron GPDs. Once there are experimental data available our calculations are ready for comparison. (orig.)

  12. Exclusion Process with Slow Boundary

    Science.gov (United States)

    Baldasso, Rangel; Menezes, Otávio; Neumann, Adriana; Souza, Rafael R.

    2017-06-01

    We study the hydrodynamic and the hydrostatic behavior of the simple symmetric exclusion process with slow boundary. The term slow boundary means that particles can be born or die at the boundary sites, at a rate proportional to N^{-θ }, where θ > 0 and N is the scaling parameter. In the bulk, the particles exchange rate is equal to 1. In the hydrostatic scenario, we obtain three different linear profiles, depending on the value of the parameter θ ; in the hydrodynamic scenario, we obtain that the time evolution of the spatial density of particles, in the diffusive scaling, is given by the weak solution of the heat equation, with boundary conditions that depend on θ . If θ \\in (0,1), we get Dirichlet boundary conditions, (which is the same behavior if θ =0, see Farfán in Hydrostatics, statical and dynamical large deviations of boundary driven gradient symmetric exclusion processes, 2008); if θ =1, we get Robin boundary conditions; and, if θ \\in (1,∞), we get Neumann boundary conditions.

  13. Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2012-01-01

    Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

  14. Exclusive Dijet production from CDF2LHC

    Energy Technology Data Exchange (ETDEWEB)

    Gallinaro, Michele; /Rockefeller U.

    2005-04-01

    Exclusive dijet production at the Tevatron can be used as a benchmark to establish predictions on exclusive diffractive Higgs production, a process with a much smaller cross section. Exclusive dijet production in Double Pomeron Exchange processes, including diffractive Higgs production with measurements at the Tevatron and predictions for the Large Hadron Collider are presented. Using new data from the Tevatron and dedicated diffractive triggers, no excess over a smooth falling distribution for exclusive dijet events could be found. Upper limits on the exclusive dijet production cross section are presented and compared to current theoretical predictions.

  15. Central exclusive production at the Tevatron

    CERN Document Server

    Albrow, Michael G

    2008-01-01

    In CDF we have observed several exclusive processes: 2-photon --> e+e- and --> mu+mu-, photon+pomeron --> J/psi and psi(2S), and pomeron+pomeron --> chi_c. The cross sections agree with QED, HERA photoproduction data, and theoretical estimates of gg --> chi_c with another gluon exchanged to screen the color. This observation of exclusive chi_c, together with earlier observations of exclusive dijets and exclusive 2-photon candidates, support some theoretical predictions for p+p --> p+H+p at the LHC. Exclusive dileptons offer the best means of precisely calibrating forward proton spectrometers.

  16. 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

  17. Exclusive diffractive processes in QCD

    Science.gov (United States)

    Pichowsky, M. A.; Lee, T.-S. H.

    1996-10-01

    We consider the role of nonperturbative, confined quarks in the Pomeron-exchange model of exclusive, diffractive processes. In our approach, mesons are treated as q-barq bound states and Pomeron-exchange mediates the quark-nucleon interaction. This interaction is modeled in terms of 4 parameters which are completely determined by examining π p and K p elastic scattering. The predicted ρ- and φ-meson electroproduction cross sections are in excellent agreement with the data. It is shown that the differences in the behavior of electroproduction cross sections for the different vector mesons (ρ, φ, J/ψ) arise from their quark substructures. Furthermore, several interesting features of vector meson electroproduction, recently observed at DESY, naturally arise in this approach. The model is also used to predict ρ p, φ p, ρ ρ, φ φ, and φ ρ elastic scattering cross sections necessary for investigations of QCD aspects of vector meson production from relativistic heavy ion collisions.

  18. Human values and moral exclusion

    Directory of Open Access Journals (Sweden)

    Mark Goodale

    2016-12-01

    Full Text Available This article uses empirical data from the anthropology of human rights and the ethics of everyday life to examine the relationship between dominant value frames, moral action, and the rise of ‘counter-humanities’ in the form of cultural identitarianism, racial and class-based nationalism, apocalyptic theologies, and nativist populism. This article focuses, in particular, on the emergence and growing power of the value frame of human rights in the post-Cold War period and argues that the more recent spread of violent movements based in forms of moral exclusion was an ironic consequence of the power of human rights. After considering, and then rejecting, the possibility that citizenship can stand in for ‘humanity’ as a more sustainable value frame, the article concludes with an argument for the promise of a post-utopian solidarity inspired by the humanism of Montaigne and More and the pluralism of Berlin.

  19. Legal liability and claims for the hotel industry

    Directory of Open Access Journals (Sweden)

    Dimcho Todorov

    2017-10-01

    Full Text Available The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as unrightfully actions from administration towards hospitably industry personnel and the connected consequences, is discussed. A definition is given of the various forms of discrimination and the obligations of management to provide a healthy work environment without problems for the personnel are stated, as well. Regulative measures and documents are also presented, regarding measures following possible labour law violations. Conclusions and recommendations are formulated and ways to prevent and overcome problems and accidents in various accommodation establishments and the hotel industry as a whole are shown

  20. 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.

  1. 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.

  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...... 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...... 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....

  3. CREATIVE ACCOUNTING TECHNIQUES ON EQUITY AND LIABILITIES TO TOURISM ENTITIES

    Directory of Open Access Journals (Sweden)

    Luminita PAIUSAN

    2017-12-01

    Full Text Available Our research is topical in the context in which accounting takes an increasingly important role in the social life of each individual and implicitly of the society it belongs to and aims to present the alternative accounting concepts and practices of creative accounting on equity and liabilities to tourism entities. In determining the arguments to justify the real need for knowledge in this area we must delineate the research field Creative Accounting. In this sense, the research envisaged a systematization and reconsideration as well a synthesis and antithesis of the concepts presented on this topic in the specialized literature, in the regulations of various professional bodies and authorities. The knowledge of the patrimonial system, of its capacity to generate profits at a time is insured with both accounting and an accurate and effective control.

  4. 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.

  5. Development of liability syndromes for schizophrenia: where did they come from and where are they going?

    Science.gov (United States)

    Stone, William S; Giuliano, Anthony J

    2013-10-01

    Three decades after Paul Meehl proposed the term "schizotaxia" to describe a conceptual framework for understanding the liability to schizophrenia, Ming Tsuang et al. at Harvard University reformulated the concept as a clinical syndrome with provisional research criteria. The reformulated view relied heavily on more recent data showing that many non-psychotic, un-medicated biological relatives of individuals with schizophrenia showed difficulties in cognitive and other clinical functions that resembled those seen in their ill relatives. The reformulation raised questions about both whether and when liability could be assessed validly in the absence of psychosis, and about the extent to which symptoms of liability are reversible. Both questions bear on the larger issue of early intervention in schizophrenia. This article reviews the efforts of Tsuang et al. to conceptualize and validate schizotaxia as one such syndrome of liability. Towards this end, liability is considered first more generally as an outcome of interactive genetic and environmental factors. Liability is then considered in the context of endophenotypes as a concept that is both broader and is potentially more specific (and predictive) than many DSM or ICD diagnostic symptoms. Liability syndromes are then considered in the context of their proximity to illness, first by reviewing prodromal syndromes (which are more proximal), and then by considering schizotaxia, which, as it is currently formulated, is pre-prodromal and, therefore, less proximal. Finally, challenges to validation and future directions for research are considered. © 2013 Wiley Periodicals, Inc.

  6. Epistaxis: the factors involved in determining medicolegal liability.

    Science.gov (United States)

    Khan, Mohemmed N; Blake, Danielle M; Vazquez, Alejandro; Setzen, Michael; Baredes, Soly; Eloy, Jean Anderson

    2014-01-01

    The purpose of this study was to examine litigation involving epistaxis and analyze factors that determine liability. Jury verdicts and settlements regarding cases involving epistaxis were gathered utilizing the Westlaw database. Factors involved in litigation gathered included demographics, defendant specialty, procedure, alleged cause of malpractice, outcome, monetary award, and other variables. A total of 26 cases were analyzed. The majority of cases (57.7%) were decided in favor of the plaintiff or settled out of court. Total awards amounted to $24,501,252. Average awards for cases decided in favor of the plaintiff were $2,260,893 and ranged from $499,845 to $9,022,643. Settlements averaged $1,084,375 and ranged from $300,000 to $3,800,000. Common causes of malpractice encountered included delay in diagnosis, complications from medical procedures, and failure to recognize complications in a timely manner. Contrary to previous reports analyzing malpractice for varying medical procedures and complications, litigation in epistaxis is more commonly resolved in favor of the plaintiff or resolved through out-of-court settlements. Substantial financial awards and therapeutic complications from blindness to death make epistaxis a candidate for litigation. Of importance from a medicolegal stand is the fact that 30.8% (8) of the patients involved in epistaxis litigation died, either from complications of therapy or from experiencing epistaxis as a complication of another procedure/pathology. Using necessary diagnostic imaging, ensuring proper management techniques, and recognizing complications in a timely manner can serve to limit legal liability and enhance patient safety. © 2013 ARS-AAOA, LLC.

  7. 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. © 2010 Society for Risk Analysis.

  8. 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.

  9. A Contribution to Recognising Carrier's Liability in International Carriage by Air and Sea

    Directory of Open Access Journals (Sweden)

    Slobodan Kaštela

    2003-07-01

    Full Text Available The paper presents the provisions of the part of MontrealConvention which refers to the air carriers' liability regardingdamage to passengers and luggage, with the intention of indicatingthe possible influence of this Convention on the equal liabilityin maritime carriage, settled by the recent changes of theAthens Convention on the carriage of passengers and their luggageby sea. The provisions of these documents are comparedregarding the basic principles of the carrier's liability and theamount of liability for the damage, showing both some similaritiesand some differences in the carriage of passengers by air, i.e.by sea.

  10. [Legal aspects of the health care institution liability for nosocomial infections].

    Science.gov (United States)

    Garus-Pakowska, Anna; Szatko, Franciszek; Pakowski, Maciej

    2009-01-01

    In this paper, the basic concepts concerning the liability of health care institution for nosocomial infections are presented. The principles of ex contracto and ex delicto liabilities, as well as the concept of so-called anonymous guilt are discussed. The range of duties for both the health care institution and the employed medical personnel is indicated, the duties and the consequences of their non-fulfillment are systematized, and the obligatory jurisdiction concerning the functioning of prima facie evidence is considered. The author aimed at explaining the principles governing the civil liability of health care institutions and their employees.

  11. 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.

  12. Economic Efficiencyo on Limited Liability Companies: some Considerations on Economic Analysis of Law

    Directory of Open Access Journals (Sweden)

    Martinho Martins Botelho

    2016-12-01

    Full Text Available This paper presents briefly a theoretical approach about limited efficiency from the perspective Economic Analysis of Law (EAL of the limited liability company by examining initially the question of limited liability, under the scrutiny of the pro-rata theory and model manager-investor.  It approaches the liability of directors of corporations incorporated in the form of a limited company. Subsequently, its theoretical approaches are about the analysis of the first generation of agency theory (contract manager-investor incentives, the hypothesis of Modigliani-Miller irrelevance, and structures of great property.

  13. Medical liability and orthopaedic trauma: history and current state of affairs.

    Science.gov (United States)

    Lundy, Douglas W

    2014-10-01

    Orthopaedic trauma has been associated with the history of medical liability all the way back to the dark ages and the bubonic plague. Caps on noneconomic damages and other reforms have been challenged in many states, and an innovative approach to medical liability reform must be developed within the medical profession and the various legislatures. Orthopaedic trauma surgeons have a unique perspective in that they perform a critical service to the community, however they are often deprived of the benefit of preoperative risk reduction best practices because of the critical needs of the patients. Orthopaedic trauma surgeons must advocate for effective medical liability reforms.

  14. Environmental liability demanded to a sewage works; Responsabilidad medioambiental exigida a una EDAR

    Energy Technology Data Exchange (ETDEWEB)

    Taure Mendez, J. M.; Rodriguez Escobar, R.

    2009-07-01

    The law 26/2007 of environmental liability determines a series of obligations. These ones are particularly relevant for that economical or professional activities with a bigger pollution potential. It will be applied to sewage works the new environmental liability system on its stricter form, since the activity developed is included inside Attachment III of the law 26/2007. this article studies the key concepts of the law, like environmental damages, operator, economic or professional activities, objective and unlimited liability, the measures of prevention, avoidance and repair, the compulsory constitution of financial guarantees and the determination of its amount. (Author) 8 refs.

  15. Density profiles of the exclusive queueing process

    OpenAIRE

    Arita, Chikashi; Schadschneider, Andreas

    2012-01-01

    The exclusive queueing process (EQP) incorporates the exclusion principle into classic queueing models. It can be interpreted as an exclusion process of variable system length. Here we extend previous studies of its phase diagram by identifying subphases which can be distinguished by the number of plateaus in the density profiles. Furthermore the influence of different update procedures (parallel, backward-ordered, continuous time) is determined.

  16. Intrapersonal and interpersonal processes of social exclusion

    Directory of Open Access Journals (Sweden)

    Taishi eKawamoto

    2015-03-01

    Full Text Available People have a fundamental need to belong with others. Social exclusion impairs this need and has various effects on cognition, affect, and the behavior of excluded individuals. We have previously reported that activity in the dorsal anterior cingulate cortex (dACC and right ventrolateral prefrontal cortex (rVLPFC could be a neurocognitive index of social exclusion (Kawamoto et al., 2012, Frontiers in Evolutionary Neuroscience, 4, 11. In this article, we provide an integrative framework for understanding occurrences during and after social exclusion, by reviewing neuroimaging, electrophysiological, and behavioral studies of dACC and rVLPFC, within the framework of intrapersonal and interpersonal processes of social exclusion. As a result, we have indicated directions for future studies to further clarify the phenomenon of social exclusion from the following perspectives: (1 constructional elements of social exclusion, (2 detection sensitivity and interpretation bias in social exclusion, (3 development of new methods to assess the reactivity to social exclusion and (4 sources of social exclusion.

  17. Inclusive education and social exclusion

    Directory of Open Access Journals (Sweden)

    Maria Luisa Bissoto

    2013-01-01

    Full Text Available The aim of this paper is critically examining assumptions underlying the Inclusive Education concept, arguing that this can only be effectively considered when understood in a broader context of social inclusion and exclusion. Methodologically, this article relies on international documents and bibliographic references about Inclusive Education, that have been chosen by systematize and characterize different social and educational inclusive practices, encouraging the elaboration of a general overview on this topic. The results of this analysis conclude that it is essential for Inclusive Education that educational institutions review their goals and reasons of social existence. In the concluding remarks it is argued that education is better understood as the act of encouraging and welcoming the efforts of individuals in their attempts to engage in social networking, which sustains life. This includes the acceptance of other reality interpretations and understanding that educational action cannot be restricted by the walls of institutions. It requires the participation of the whole community. Action perspectives likely to promote social inclusion and inclusive education are suggested.

  18. Persistent random walk with exclusion

    Science.gov (United States)

    Galanti, Marta; Fanelli, Duccio; Piazza, Francesco

    2013-11-01

    Modelling the propagation of a pulse in a dense milieu poses fundamental challenges at the theoretical and applied levels. To this aim, in this paper we generalize the telegraph equation to non-ideal conditions by extending the concept of persistent random walk to account for spatial exclusion effects. This is achieved by introducing an explicit constraint in the hopping rates, that weights the occupancy of the target sites. We derive the mean-field equations, which display nonlinear terms that are important at high density. We compute the evolution of the mean square displacement (MSD) for pulses belonging to a specific class of spatially symmetric initial conditions. The MSD still displays a transition from ballistic to diffusive behaviour. We derive an analytical formula for the effective velocity of the ballistic stage, which is shown to depend in a nontrivial fashion upon both the density (area) and the shape of the initial pulse. After a density-dependent crossover time, nonlinear terms become negligible and normal diffusive behaviour is recovered at long times.

  19. 31 CFR 223.13 - Full penalty of the obligation regarded as the liability; exceptions.

    Science.gov (United States)

    2010-07-01

    ... the contract will be regarded as the liability. (e) Bonds for banks or trust companies as principals... SERVICE SURETY COMPANIES DOING BUSINESS WITH THE UNITED STATES § 223.13 Full penalty of the obligation...

  20. ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

    Directory of Open Access Journals (Sweden)

    Ştefania-Alina Dumitrache

    2014-11-01

    Full Text Available According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to civil liability. The paper analyzes the objective basis of legal accountability, namely the illicit act causing damages committed in fulfilling labor duties or in connection tot hem, therewith the method detailed and comparative documentation of legislation in the field and relevant doctrine.

  1. Intellectual Liabilities: Lessons from The Decline and Fall of the Roman Empire

    NARCIS (Netherlands)

    Christiaan Stam

    2009-01-01

    Purpose: Intellectual capital theory and practice predominantly focus on measuring and managing intangible assets. However, if we want to balance the intellectual capital books (Harvey and Lusch, 1999), we should recognize both intellectual assets and intellectual liabilities (Caddy, 2000).

  2. Safety and Abuse Liability of Oxazepam: Is This Benzodiazepine Drug Underutilized?

    Science.gov (United States)

    Howland, Robert H

    2016-04-01

    Benzodiazepine drugs are controversial because of safety and abuse liability concerns, although they have clinically relevant pharmacological differences. The current article reviews studies pertaining to the pharmacology, safety, and abuse liability of oxazepam. Compared to other benzodiazepine drugs, oxazepam has a favorable safety and abuse liability profile, which may be related to its pharmacology. Oxazepam is more slowly absorbed and enters the brain more slowly than other benzodiazepine drugs; it does not have active metabolites and does not accumulate with chronic dosing; its metabolism is not affected by age or by mild/moderate liver disease; and it is not prone to drug-drug interactions. Oxazepam also binds to the translocator protein, which stimulates the synthesis of neurosteroids, and this effect may contribute to its reduced abuse liability. Copyright 2016, SLACK Incorporated.

  3. Some Considerations on the Liability of Principal for Acts of the Agent

    Directory of Open Access Journals (Sweden)

    Mirela COSTACHE

    2012-11-01

    Full Text Available The objective of this research is to briefly examine the stipulations of article 1373 of the Civil Code, referring to regulating the tort liability of the principal for the illicit act of the agent. From a comparative point of view with the old provisions, and also in a critical formulation, the study contributes in supporting the recognition of principle nature of the subject under review. Using content analysis, through descriptive documentary research and case-law analysis, this study aims at identifying the content of the obligation for the liability of the principal, presenting a view on the legal status of such type of legal liability. The paper continues further research in this area which has been published in various publications. The concrete results of the research focuse on the examination and interpretation of the new provisions relating to subsistence of the general and special conditions of this type of liability

  4. Accounting and tax optimization for individual entrepreneurs and companies with limited liability

    OpenAIRE

    Kosinová, Taťána

    2009-01-01

    Presents a comparison of individual entrepreneurs and companies with limited liability. It deals with the tax burden, red tape and-registry duties above types of businesses. It also aims to evaluate the advantages and disadvantages.

  5. Psychological benefits and liabilities of traumatic exposure in the war zone.

    Science.gov (United States)

    Fontana, A; Rosenheck, R

    1998-07-01

    Data from the National Vietnam Veterans Readjustment Study on 1,198 Vietnam theater veterans were used to examine the psychological benefits and liabilities of traumatic exposure in the war zone. Psychological benefits and liabilities were found to be largely independent of one another and to be related positively to the dose of traumatic exposure. Additionally, there was a curvilinear trend in the form of an inverted U, such that psychological benefits, most notably solidarity with others, were stronger at intermediate compared to high and low levels of exposure. Psychological benefits counteracted and psychological liabilities passed through the effects of traumatic exposure on posttraumatic stress disorder (PTSD). The psychological benefit of self-improvement moderated the effects of the psychological liability of self-impoverishment on PTSD.

  6. Genetic Analysis of Somatic Cell Score in Danish Holsteins Using a Liability-Normal Mixture Model

    DEFF Research Database (Denmark)

    Madsen, P; Shariati, M M; Ødegård, J

    2008-01-01

    Mixture models are appealing for identifying hidden structures affecting somatic cell score (SCS) data, such as unrecorded cases of subclinical mastitis. Thus, liability-normal mixture (LNM) models were used for genetic analysis of SCS data, with the aim of predicting breeding values for such cases......- udders relative to SCS from IMI+ udders. Further, the genetic correlation between SCS of IMI- and SCS of IMI+ was 0.61, and heritability for liability to putative mastitis was 0.07. Models B2 and C allocated approximately 30% of SCS records to IMI+, but for model B1 this fraction was only 10......%. The correlation between estimated breeding values for liability to putative mastitis based on the model (SCS for model A) and estimated breeding values for liability to clinical mastitis from the national evaluation was greatest for model B1, followed by models A, C, and B2. This may be explained by model B1...

  7. Inclusive and exclusive pion reactions

    Science.gov (United States)

    Collier, Sandra Lee

    1998-12-01

    One inclusive and one exclusive pion reaction are addressed. For the first, a model for pion-induced pion production ( p,2p ) from nuclei is developed with particular interest in the dependence of the 2p invariant mass distribution as a function of the target mass. Data from ( p,2p ) reactions on free nucleons are used to predict modifications in the production cross sections on nuclei due to medium corrections which might arise from a change in the structure of the nucleon in the nucleus. The ( p,2p ) reaction from the nucleon is modeled using the pion pole diagram. The form factor which governs this cross section is modified to model changes of the nucleon structure within the nuclear medium. Another medium effect, the fermi motion of the nucleon with respect to the nucleus, is also considered. It is found that the differential cross section for production from nuclei is sensitive to the changes of the form factor, but the shape of the invariant mass distribution is not. Comparisons are made to recent experimental findings from 208Pb, 40Ca, 12C, and 2H. The elastic scattering of charged pions from the trinucleon system is then examined at a pion kinetic energy of 180 MeV. The motivation for this study is the structure seen in the angular distribution of back-angle scattering for p+-H3e and p--H3 but for neither p-- H3e nor p+-H3 . A double spin flip mechanism is included in an optical model treatment. It is found that the contribution of this term is non- negligible at large angles for p+-H3e and p--H3 , but it does not reproduce the structure seen in the experiment.

  8. 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.

  9. Preclinical Assessment of a Strategy to Minimize the Abuse Liability of Opiate Medications for Pain

    Science.gov (United States)

    2015-07-01

    1 Award Number: W81XWH-10-1-0305 TITLE: Preclinical Assessment of a Strategy to Minimize the Abuse Liability of Opiate Medications for Pain...Minimize the Abuse Liability of Opiate Medications for Pain 5b. GRANT NUMBER 10251229 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) Wynne Schiffer, PhD...clinically relevant animal model. We have tested two animal models; the Formalin Paw Test (FPT) and the Acetic Acid (AA) writhing test in the

  10. Legal Environments for Digital Trust: Trustmarks, Trusted Computing and the Issue of Legal Liability

    OpenAIRE

    Danidou, Yianna; Schafer, Burkhard

    2012-01-01

    Trusted Computing and Trustmarks are two approaches developed to enhance internet security and trust and we claim that they are structurally similar and an exercise in mutual learning would be of great benefit for both. We argue that TC philosophy could possibly supplement TMOs so that TMs become to TMOs more than just a mere link while we address critical questions regarding reliance liability. With our present study we propose that the model for adequate TMO liability could possibly be an ...

  11. 33 CFR 87.3 - Exclusive use.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Exclusive use. 87.3 Section 87.3...: DISTRESS SIGNALS § 87.3 Exclusive use. The use or exhibition of any of the foregoing signals except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused...

  12. 6. EXCLUSIVE BREAST FEEDING PRACTICE IN ZAMBIA

    African Journals Online (AJOL)

    Esem

    data from the focus group discussions was analysed using content analysis with the help of qualitative research computer software Nvivo. Results: The prevalence of exclusive breast feeding practice was at 61%. The factors that were found to be statistically significant to exclusive breast feeding were age of infant and ...

  13. Exclusive breastfeeding - the relationship between maternal ...

    African Journals Online (AJOL)

    The behaviour adopted by individuals is moulded by their perception of various issues. In spite of well established benefits of exclusive breastfeeding (EBF) to babies, mothers and society, the EBF practice rate (EBFPr) in our environment has remained low. To evaluatemother's perception of exclusive breastfeeding and ...

  14. Social exclusion and shame in obesity.

    Science.gov (United States)

    Westermann, Stefan; Rief, Winfried; Euteneuer, Frank; Kohlmann, Sebastian

    2015-04-01

    Weight bias often results in the social exclusion of individuals with obesity. The direct, short-term psychological effects of social exclusion in obesity have not been investigated yet. This study experimentally tests whether social exclusion elicits stronger negative emotions in individuals with obesity compared to normal-weight controls. Specifically, we test whether social exclusion has a specific impact on shame. In total, N=299 individuals (n=130 with body mass index [BMI]≤30 and n=169 with BMI>30) were randomly assigned to a social exclusion condition or a control condition that was implemented with an online Cyberball paradigm. Before and after, they filled out questionnaires assessing state emotionality. Social exclusion increased negative emotionality in both groups compared to the control condition (pshame in the group with obesity during social exclusion (pshame. As social exclusion is frequent in individuals with obesity, psychological interventions focussing shame-related emotional distress could be crucial. Copyright © 2015 Elsevier Ltd. All rights reserved.

  15. Determinants of exclusive breastfeeding practices in Ethiopia

    African Journals Online (AJOL)

    ACIPH_Admin

    that was extracted from the women's database. Results: The overall rates of exclusive and full breastfeeding were 49.0% and 68.2% respectively. Maternal ... atopic eczema, and allergy during childhood (2, 5, 6). In resource poor countries, where the negative impact of. HIV/AIDS is high, exclusive breastfeeding for the first.

  16. Justice Experiences and Feelings of Exclusion

    Science.gov (United States)

    Umlauft, Sören; Dalbert, Claudia

    2017-01-01

    To explain feelings of social exclusion, sociological factors, such as occupation, income and education, come to mind. Feelings of social exclusion, however, may be the result of psychological processes and in particular of (in)justice experiences. Based on just-world research, we hypothesized that (1) the more young people feel treated justly by…

  17. Exclusive hadronic processes and color transparency

    Indian Academy of Sciences (India)

    Hadronic processes; color transparency. PACS Nos 24.85.+p; 25.30.-c. 1. Introduction. It is known that at asymptotically large momentum transfer certain exclusive hadronic reac- tions are calculable within the framework of perturbative QCD (pQCD) due to asymptotic freedom. However the applicability of pQCD to exclusive ...

  18. 40 CFR 21.6 - Exclusions.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Exclusions. 21.6 Section 21.6 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL SMALL BUSINESS § 21.6 Exclusions. (a... for financial assistance in meeting revenue and service charges imposed upon a small business by a...

  19. Rescinding the Ground Combat Exclusion Policy

    Science.gov (United States)

    2011-04-07

    Miller, " Feminism and the Exclusion of Army Women from Combat," in Women in the Military, ed. Rita James Simon (New Brunswick, NJ: Transaction...index.php/issuepapers (accessed November 23, 2010). Miller, Laura L. " Feminism and the Exclusion of Army Women from Combat." In Women in the Military

  20. Disciplinary Exclusion: The Influence of School Ethos

    Science.gov (United States)

    Hatton, Lucy Ann

    2013-01-01

    Disciplinary exclusion is a strategy used by some schools in response to challenging behaviour. While some studies have explored interventions that can be implemented to reduce the exclusion of "at risk" pupils, others have considered how the underlying school ethos influences how challenging behaviour is understood and managed. The…

  1. 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.

  2. Economic Analysis of Legal Regulations Regarding Liability for Loss Resulting from a Dangerous Product

    Directory of Open Access Journals (Sweden)

    Joanna Kuźmicka-Sulikowska

    2013-06-01

    Full Text Available The article considers fundamental issues associated with economic analysis of legal regulations pertaining to liability for damage caused by a dangerous product. The discussion is conducted from the perspective of a lawyer analysing the conclusions stemming from economic analyses of the aforementioned liability by individual authors, which constitutes a base for subsequent observations. The relationships between the various potential configurations of manufacturer liability are discussed, in particular a situation where such liability is not stipulated, as well as where there is the introduction of liability based on the risk or fault principles and the ensuing motivation for maintaining an appropriate level of carefulness. Attention is focused on the search for an economically efficient solution. An analysis of current regulation is performed, as well as de lege ferenda conclusions grounded in economic analysis of law with reference to the shape of the regulatory liability regime for damage caused by a dangerous product. Many reservations are also listed, including ones concerning the fact that it does not seem that the legislative process should be guided only by conclusions stemming from economic analysis of law (especially considering the differences of opinion in that area, which does, however, unquestionably constitute a useful tool in such matters.

  3. Components of schizophrenia liability are not uniformly associated with stress sensitivity, resilience, and coping.

    Science.gov (United States)

    Ruzibiza, Christian; Grattan, Rebecca E; Eder, Rebekah; Linscott, Richard J

    2017-11-14

    Stress sensitization is a candidate final common pathway for the development of schizophrenia. In other psychopathologies, resilience attenuates the stressor-outcome relationships. Therefore, we sought to determine whether resilience moderates the association between stress sensitivity and schizophrenia liability. Undergraduates (n = 230) self-reported cognitive-perceptual, interpersonal, and disorganisation attributes of schizophrenia liability as well as ratings of sensitivity to stress, resilience, and dispositional coping behaviour. Bivariate analyses showed components of schizophrenia liability were significantly predicted by greater stress sensitivity, poor resilience and adaptive coping, and greater maladaptive coping behaviour. However, regression modelling suggested that cognitive-perceptual attributes were uniquely predicted by stress sensitivity in models that include resilience. In contrast, interpersonal attributes had a weaker relationship with stress sensitivity and were strongly predicted by poor resilience. In general, resilience did not moderate the relationship of stress sensitivity with schizophrenia liability. Unexpectedly, some specific attributes of resilience (personal strength, structured style) potentiated the relationship of stress sensitivity with schizophrenia liability. We conclude that the relationships of stress sensitivity, resilience, and coping with attributes of schizophrenia liability are not uniform and speculate that the pattern of associations may reflect the different influences of chronic stress exposures and neurocognitive functioning. Copyright © 2017 Elsevier B.V. All rights reserved.

  4. Generation of central exclusive final states

    Energy Technology Data Exchange (ETDEWEB)

    Loennblad, Leif [Department of Theoretical Physics, Lund (Sweden); Zlebcik, Radek [Institute of Particle and Nuclear Physics, Prague 8 (Czech Republic)

    2016-12-15

    We present a scheme for the generation of central exclusive final states in the program. The implementation allows for the investigation of higher-order corrections to such exclusive processes as approximated by the initial-state parton shower in. To achieve this, the spin and colour decomposition of the initial-state shower has been worked out, in order to determine the probability that a partonic state generated from an inclusive sub-process followed by a series of initial-state parton splittings can be considered as an approximation of an exclusive colour- and spin-singlet process. We use our implementation to investigate the effects of parton showers on some examples of central exclusive processes, and we find sizeable effects on di-jet production, while the effects on e.g. central exclusive Higgs production are minor. (orig.)

  5. Mental incapacity and criminal liability: Redrawing the fault lines?

    Science.gov (United States)

    Peay, Jill

    2015-01-01

    The proper boundaries of criminal liability with respect to those with questionable mental capacity are currently under review. In its deliberations in the areas of unfitness to plead, automatism and the special verdict of not guilty by reason of insanity the Law Commission for England and Wales have been cognizant of particular difficulties in fairly attributing criminal responsibility to those whose mental capacities may or may not have impinged on their decisions, either at the time of the offence or at trial. And they have referenced the potential breaches of the European Convention on Human Rights (ECHR) posed by the state of our current laws. However, in their efforts to remedy these potential deficiencies is the Law Commission heading in a direction that is fundamentally incompatible with the direction embodied by the United Nations Convention on the Rights of People with Disabilities (CRPD)? Whether one must cede sensibly to the other, or whether some compromise might emerge, perhaps through an extension of supportive services or through the development of disability-neutral criminal law, forms the subject of this paper. Copyright © 2015 Elsevier Ltd. All rights reserved.

  6. 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.

  7. 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].

  8. Inferior alveolar nerve cutting; legal liability versus desired patient outcomes.

    Science.gov (United States)

    Kim, Soung Min; Lee, Jong Ho

    2017-10-01

    Mandibular angle reduction or reduction genioplasty is a routine well-known facial contouring surgery that reduces the width of the lower face resulting in an oval shaped face. During the intraoral resection of the mandibular angle or chin using an oscillating saw, unexpected peripheral nerve damage including inferior alveolar nerve (IAN) damage could occur. This study analyzed cases of damaged IANs during facial contouring surgery, and asked what the basic standard of care in these medical litigation-involved cases should be. We retrospectively reviewed a total of 28 patients with IAN damage after mandibular contouring from August 2008 to July 2015. Most of the patients did not have an antipathy to medical staff because they wanted their faces to be ovoid shaped. We summarized three representative cases according to each patient's perceptions and different operation procedures under the approvement by the Institutional Review Board of Seoul National University. Most of the patients did not want to receive any further operations not due to fear of an operation but because of the changes in their facial appearance. Thus, their fear may be due to a desire for a better perfect outcome, and to avoid unsolicited patient complaints related litigation. This article analyzed representative IAN cutting cases that occurred during mandibular contouring esthetic surgery and evaluated a questionnaire on the standard of care for the desired patient outcomes and the specialized surgeon's position with respect to legal liability.

  9. 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.

  10. An athlete’s criminal liability towards spectators

    Directory of Open Access Journals (Sweden)

    mohammad nabipour

    2017-10-01

    Full Text Available Abstract:   Basically and according to clause of article 158 of the Islamic penal code, approved in 2013 (sporting activities and accidents resulting from it, if the reason of accidents do not violate the rules related to that sport and these regulation are not in conflict with religious rules there will be no criminal liability for the athlete. As it appears the athlete that will be exempted from any criminal offense when he has not violated the rules, however, if the athletes is offender whether the injured is opponent athlete or one of the spectators, the offending athletes will be liable for the penalty. In other words, what kind of criminal responsibility would be in these cases, if the act committed by him towards the spectator was deliberate (which would warrants retaliation or a psedudo_deliberate error (which would warrants the payment of atonement and also sanction punishment it means that imprisonment 1 to 3 years in case of victim death by the offending athlete according to article 616 in sanction law or vasted error (which would warrants prey for a loss by kinsmam the responsibility of the athlete will be different.But whether the athlete respect to all of the rules he will be completely exempted from the damage that he enters into the spectator or not, is the point of disagreement which this article seeks to ask the question.    

  11. 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.

  12. 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

  13. Factors associated with latent fingerprint exclusion determinations.

    Science.gov (United States)

    Ulery, Bradford T; Hicklin, R Austin; Roberts, Maria Antonia; Buscaglia, JoAnn

    2017-06-01

    Exclusion is the determination by a latent print examiner that two friction ridge impressions did not originate from the same source. The concept and terminology of exclusion vary among agencies. Much of the literature on latent print examination focuses on individualization, and much less attention has been paid to exclusion. This experimental study assesses the associations between a variety of factors and exclusion determinations. Although erroneous exclusions are more likely to occur on some images and for some examiners, they were widely distributed among images and examiners. Measurable factors found to be associated with exclusion rates include the quality of the latent, value determinations, analysis minutia count, comparison difficulty, and the presence of cores or deltas. An understanding of these associations will help explain the circumstances under which errors are more likely to occur and when determinations are less likely to be reproduced by other examiners; the results should also lead to improved effectiveness and efficiency of training and casework quality assurance. This research is intended to assist examiners in improving the examination process and provide information to the broader community regarding the accuracy, reliability, and implications of exclusion decisions. Published by Elsevier B.V.

  14. Environmental liability and nature protection areas Will the EU Environmental Liability Directive actually lead to the restoration of damaged natural resources?

    NARCIS (Netherlands)

    Broek, G.M. van den

    2009-01-01

    The EU Environmental Liability Directive (ELD) requires remedial measures when environmental damage to protected species and natural habitats occurs. Thus, the ELD offers a minimum level of protection to natural resources in its Article 2. In order to finance the restoration of environmental damage

  15. Construal Level and Social Exclusion: Concrete Thinking Impedes Recovery From Social Exclusion.

    Science.gov (United States)

    Pfundmair, Michaela; Lermer, Eva; Frey, Dieter; Aydin, Nilüfer

    2015-01-01

    Social exclusion is a painful experience. Recent research has shown, however, that coping with exclusion can be facilitated by favorable conditions. In the current research, we investigated whether construal level affects recovery from social exclusion. We hypothesized that an abstract vs. concrete mindset would moderate coping with exclusion. Indeed, lower compared to higher concrete thinking (Study 1) and abstract compared to concrete thinking (Study 2) bolstered the basic need of belonging when excluded. Priming of abstract thinking, moreover, increased participants' sense of belonging both in response to exclusion and inclusion relative to no priming (Study 3). Our results are the first to establish a relationship between construal level and social exclusion, thereby suggesting an alleviating "abstraction discount" effect for the consequences of social exclusion.

  16. 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.

  17. Fighting poverty and exclusion through social investment

    DEFF Research Database (Denmark)

    Kvist, Jon

    The fight against poverty and social exclusion is at the heart of the Europe 2020 strategy for smart, sustainable and inclusive growth. With more than 120 million people in the EU at risk of poverty or social exclusion, EU leaders have pledged to bring at least 20 million people out of poverty...... and social exclusion by 2020. In the aftermath of the crisis welfare states are called to address multi-level social risks while securing their financial sustainability. This Review presents evidence from Framework Programme research projects with a view to address the challenges of poverty and social...

  18. Limitation of liability for maritime claims: Chronological critical review (international instruments and Croatian solutions

    Directory of Open Access Journals (Sweden)

    Vasilj Aleksandra V.

    2016-01-01

    Full Text Available Limitation of liability of shipowner can based on property or can be personal - shipowner responds to certain part of the property (for example ship or his entire assets to a certain amount. In the first case it is a real, and in the other the personal limitation of liability. On these principles all international instruments in this legal field have been developed. One of the well-known 'universal' principle of civil law says that the injurer must pay for a damage in full, in full extent and amount. However, when we are applying provisions of maritime law (as well as transport law in general on the liability for damages and its compensation, the situation is quite opposite. Though, that the amount of suffered damages is coming closer to said universal principle of civil law has been confirmed by Amendments to the Protocol to the Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 1996. These Amendments increased amount of general (global limitation of liability for maritime claims by 51% compared to the amounts in LLMC. Increased amounts are applicable from 8th June 2015. Regarding these amendments, a number of issues can be placed: justification for introducing the institute of limitation of liability in general; reasons why the injurer is privileged in maritime (and broader in transport, in the context of the amount of the obligation of compensation for damage; and whether the application of the institute undermine the principle that is enshrined in the legal system of every modern country, according to which the injured party has the right to just compensation. On the other hand, justice can be taken as well as an argument just to implement the limitation of liability system.

  19. 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).

  20. Property Acquired Through the Adverse Possession in Relation to Environmental Protection in Permanent Preservation Areas: Civil Liability of Adverser Possession

    Directory of Open Access Journals (Sweden)

    Elcio Nacur Rezende

    2016-12-01

    Full Text Available The article discusses the liability for repairing damage in Permanent Preservation Area (PPA. Seeks to answer the question of liability of the possessor "ad usucapionem" due to the removal of vegetation in area. The objective was to present the response of the possibility of acquisition of property by way of adverse possession and reparation and indemnity liability of degrading. The article was used social science and technology as a methodological approach, since the research aims to seek ownership of the liability of repair the area. At the end it was realized that the possessor has responsibility to repair the area.

  1. [Drafting expert opinion reports in medical liability processes].

    Science.gov (United States)

    Ulsenheimer, K

    2011-12-01

    In a medical liability process a medical expert takes on an outstanding position. He is the one process participant who preprograms the decision of the judge. However, he does not as such have an independent investigative competence and must understand his role as being an accessory to the judge. In view of this key role, the necessary expert competence and a basic legal knowledge, adequate preparation for the assignment and a meticulous study of the case file are indispensible. According to § 839 paragraph 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) an expert witness nominated by a court of law is liable to compensate damages if he writes an incorrect expert opinion either deliberately or due to gross negligence. The expert witness must also be objective and unprejudiced towards the parties involved or the accused/defendant. Civil processes and criminal proceedings both have legal peculiarities which the expert witness must bear in mind. The foundation of the function as an expert witness in a civil process is the order of the court to take evidence which the expert must adhere to. In this case the parties must be considered as being equal before the law. In contrast the procedure in criminal processes follows the principle of official investigation and the absolute principle of in dubio pro reo. From this it follows that the evidence of causality must be proven with a probability close to certainty. Advice for the construction of expert opinion statements can be found in this article.

  2. Central exclusive production and the Durham model

    Science.gov (United States)

    Harland-Lang, L. A.; Khoze, V. A.; Ryskin, M. G.

    2014-11-01

    We review some selected results within the Durham model of central exclusive production. We discuss the theoretical aspects of this approach and consider the phenomenological implications for a selection of processes.

  3. FINANCIAL EXCLUSION OF FARMERS AND RURAL ENTREPRENEURS

    National Research Council Canada - National Science Library

    Ryszard Kata; Alina Walenia

    2015-01-01

    .... farmers and small entrepreneurs. The extent and reasons for fi nancial exclusion among such entities have been identifi ed and accompanied by the analysis of access to banking services - the key to effective management...

  4. Exclusive processes at high momentum transfer

    CERN Document Server

    Radyushkin, Anatoly; Stoker, Paul

    2002-01-01

    This book focuses on the physics of exclusive processes at high momentum transfer and their description in terms of generalized parton distributions, perturbative QCD, and relativistic quark models. It covers recent developments in the field, both theoretical and experimental.

  5. Imaging partons in exclusive scattering processes

    Energy Technology Data Exchange (ETDEWEB)

    Diehl, Markus

    2012-06-15

    The spatial distribution of partons in the proton can be probed in suitable exclusive scattering processes. I report on recent performance estimates for parton imaging at a proposed Electron-Ion Collider.

  6. 42 CFR 402.205 - Length of exclusion.

    Science.gov (United States)

    2010-10-01

    ... maximum time limit for the period of exclusion. Social Security Actparagraph Code of Federal... 42 Public Health 2 2010-10-01 2010-10-01 false Length of exclusion. 402.205 Section 402.205 Public... PROVISIONS CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS Exclusions § 402.205 Length of exclusion. The...

  7. Association between Exclusive Breastfeeding and Child Development

    Directory of Open Access Journals (Sweden)

    Ghaniyyatul Khudri

    2016-03-01

    Full Text Available Background: Child development highly correlates with child’s quality. The fastest child development period is during the first three years, also called golden period. This research was aimed to discover correlation between exclussive breastfeeding and child development in Cipacing Village Jatinangor, district of Sumedang. Methods: This research was conducted using cross-sectional method in thirteen Pos Pelayanan Terpadu (Posyandu Cipacing Village in Jatinangor. One hundred and two children aged 12−24 months with their caregiver were recruited as respondents by using cluster sampling method. Hist ory of exclusive breastfeeding was assessed with questionnaire while child development status was assesed with Kuesioner Pra Skrining Perkembangan (KPSP in September 2013 after informed consent was obtained. Chi-square test analysis was performed to determine correlation between exclusive breastfeeding and child development status. Results: Overall, children in Cipacing Village had non-exclusive breastfeeding history (83.3%, and only 16.7% respondents had exclusive breastfeeding history. Meanwhile, 89.2% of children had normal development status, and 10.8% had delayed development status. Statistic analysis using chi-square test in the level of 95% confidence between exclusive breastfeeding and child development showed p=0.686 and odds ratio 2.133. Conclusions: There is no significant relationship between history of exclusive breastfeeding and child development status.

  8. The development of stereotyping and exclusion.

    Science.gov (United States)

    Mulvey, Kelly Lynn; Hitti, Aline; Killen, Melanie

    2010-07-01

    This article reviews the developmental science literature on stereotyping and exclusion, with a focus on gender, race, and ethnicity. Stereotyping of others, which is defined as the attribution of traits to individuals based on group membership, is often used to justify exclusion of others in social group contexts. This review includes a focus on the links between these two constructs. Research on stereotyping and exclusion has drawn on several theoretical traditions, including social domain theory, social identity developmental theory, and subjective group dynamics theory, which are also discussed in the context of the research findings. Key findings on stereotyping include categorization and classification in relationship with decreased in-group bias, and the role of stereotypes in encoding information. Findings on exclusion include the use of available information to make judgments, preferences for in-group members who are normative and out-group members who are deviant, the increased importance, with age, of group functioning in exclusion decisions, and decreased negative evaluation of in-group members who partake in exclusionary behaviors. Though little research has explicitly studied the links between stereotyping and exclusion from groups, this review describes the current literature in both areas and suggests future directions for research. Copyright © 2010 John Wiley & Sons, Ltd. For further resources related to this article, please visit the WIREs website. Copyright © 2010 John Wiley & Sons, Ltd.

  9. Childhood trauma, psychosis liability and social stress reactivity: a virtual reality study.

    Science.gov (United States)

    Veling, W; Counotte, J; Pot-Kolder, R; van Os, J; van der Gaag, M

    2016-12-01

    Childhood trauma is associated with higher risk for mental disorders, including psychosis. Heightened sensitivity to social stress may be a mechanism. This virtual reality study tested the effect of childhood trauma on level of paranoid ideations and distress in response to social stress, in interaction with psychosis liability and level of social stress exposure. Seventy-five individuals with higher psychosis liability (55 with recent onset psychotic disorder and 20 at ultra-high risk for psychosis) and 95 individuals with lower psychosis liability (42 siblings and 53 controls) were exposed to a virtual café in five experiments with 0-3 social stressors (crowded, other ethnicity and hostility). Paranoid ideation was measured after each experiment. Subjective distress was self-rated before and after experiments. Multilevel random regression analyses were used to test main effects of childhood trauma and interaction effects. Childhood trauma was more prevalent in individuals with higher psychosis liability, and was associated with higher level of (subclinical) psychotic and affective symptoms. Individuals with a history of childhood trauma responded with more subjective distress to virtual social stress exposures. The effects of childhood trauma on paranoia and subjective distress were significantly stronger when the number of virtual environmental stressors increased. Higher psychosis liability increased the effect of childhood trauma on peak subjective distress and stress reactivity during experiments. Childhood trauma is associated with heightened social stress sensitivity and may contribute to psychotic and affective dysregulation later in life, through a sensitized paranoid and stress response to social stressors.

  10. 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.

  11. 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.

  12. Details on Exclusive Use Data Protection for Minor Use Registrations

    Science.gov (United States)

    This document provides information about issues related to exclusive use data protection for minor use registrations, including extension of the exclusive use period and establishing a new exclusive use period.

  13. 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.

  14. 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.

  15. Dog and cat bite wounds: Epidemiological characteristics, forensic investigation and civil liability

    Directory of Open Access Journals (Sweden)

    Marjanski Vladimir Ž.

    2015-01-01

    Full Text Available People injuries after bites of a dog and/or cat are contemporary and all the time issue. The consequences that stem out of this relationship of people and dogs and/or cats are numerous - medical, utility-environmental, sociological, legal and economic. The subject of this paper is to analyze the epidemiological characteristics of wounds caused by dog and cat bites, their forensic examination and analysis of civil liability of subjects/entities responsible for damages resulting from bite of dogs and cats. Forensic examination is carried out by reconstruction of events, identification of the dog/cat, determination of pathological condition in the dog/cat and the injured party and the estimatimation of alternative explanations. Within the analysis of civil liability, legal basis of liability, the persons responsible for compensation, types of damages and reasons for the disclaimer are determined.

  16. Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues

    DEFF Research Database (Denmark)

    Ulfbeck, Vibe Garf; Andrecka, Marta

    2017-01-01

    there is no contract between the individual and the private service provider there may be several obstacles to a claim against the private service provider based on contract. At the same time it is a general tort law principle that there is no vicarious liability for independent contractors, making it difficult also...... to succeed with a claim against the public entity based on tort law. Thus, a liability gap seems to exist. However, the article demonstrates that there are signs in different jurisdictions that solutions are being found in case law to this problem allowing to some extent for the imposition of some kind...... of vicarious liability on the public entity. Four different models are identified. The reasoning behind these models varies but they all have in common that the public law nature of the service that has been outsourced somehow plays a role....

  17. 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.

  18. A new approach to professional liability reform: placing obligations of stakeholders ahead of their interests.

    Science.gov (United States)

    Chervenak, Judith L; Chervenak, Frank A; McCullough, Laurence B

    2010-09-01

    The authors utilize stakeholder theory to provide a new analysis of the professional liability crisis, by identifying the major stakeholders in our current system of professional liability, their respective obligations and self-interests, and how these interests are advanced and constrained by the current system. This stakeholder analysis reveals a core ethical obligation of all stakeholders: the preservation of the integrity of our current judicial system. The adverse impact of the pursuit of stakeholder self-interests, rather than fulfillment of their core, shared ethical obligation, on achievement of the goals of the current system, the deterrence of unsafe practice and compensation of injured patients, is then identified. The authors argue that approaches to reform of professional liability in obstetrics be based upon the common obligation of the stakeholders to fulfill the goals of the system, because attempts to align the myriad self-interests of the stakeholders will be futile. Copyright 2010 Mosby, Inc. All rights reserved.

  19. 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

  20. Liability immunity as a legal defense for recent emergency medical services system litigation.

    Science.gov (United States)

    Morgan, D L; Trail, W R; Trompler, V A

    1995-01-01

    Although many emergency medical services (EMS) providers are concerned about liability litigation, no comprehensive, national studies of EMS appelate cases have been published. Information about these cases and the use of liability immunity (sovereign immunity, emergency medical care immunity, or Good Samaritan immunity) as a defense could be used for EMS risk management and better patient care. To review recent EMS system civil litigation cases to determine their common characteristics and the number that used liability immunity as a legal defense. An observational study of the WESTLAW computerized database of legal cases from all state and federal appellate courts. All legal cases that named a member of the EMS system as a defendant, involved either a patient-care incident or ambulance collision, and received an appellate court opinion from 1987 through 1992, were studied. Eighty-six cases were identified and analyzed. Most cases (85%) were related to a patient-care incident, and 71% of the cases involved a death or significant physical injury. More than 49% of the patient cases alleged inadequate assessment or treatment, and 27% alleged delay in ambulance arrival or no ambulance arrival. There were 11 cases (15%) that alleged no transport of the patient to the hospital. Liability immunity was used as a defense in 53% of the cases. The appellate courts ruled in favor of 68% of the defendants that did not use an immunity defense and in favor of 72% of those that did use liability immunity. There have been a large number of recent appellate cases involving EMS systems. The common characteristics of many of these cases demonstrate the need for providing rapid ambulance arrival, proper assessment and treatment, and rapid patient transportation to a hospital. Although liability immunity was used as a legal defense by most EMS system defendants, the appellate court outcome was similar regardless of its use.

  1. 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.

  2. Exclusive Breastfeeding Experiences among Mexican American Women.

    Science.gov (United States)

    Wambach, Karen; Domian, Elaine Williams; Page-Goertz, Sallie; Wurtz, Heather; Hoffman, Kelli

    2016-02-01

    According to the Centers for Disease Control and Prevention, Hispanic breastfeeding mothers begin early formula supplementation at higher rates than other ethnic groups, which can lead to shorter breastfeeding duration and decreased exclusive breastfeeding. Acculturation, the process of adopting beliefs and behaviors of another culture, appears to influence breastfeeding practices of Hispanic women in the United States. Little is known about Mexican American mothers' formula use and exclusive breastfeeding within the context of acculturation. Our study identified perceived benefits and barriers to exclusive breastfeeding and levels of acculturation among Mexican American women living in a Midwestern city. We used a qualitative descriptive design integrating Pender's Health Promotion Model concepts. Individual interviews were conducted in English or Spanish (N = 21). The revised Acculturation Rating Scale for Mexican Americans was used to examine acculturation levels. Acculturation scores indicated that the majority (66%) of the sample was "very Mexican oriented." Most women exclusively breastfed, with a few using early supplementation for "insufficient milk production." Three themes emerged: (1) It is natural that a woman give life and also provide the best food for her baby; (2) Breastfeeding is ultimately a woman's decision but is influenced by tradition, guidance, and encouragement; and (3) Breast milk is superior but life circumstances can challenge one's ability to breastfeed. Strong familial/cultural traditions supported and normalized breastfeeding. Barriers to exclusive breastfeeding were similar to breastfeeding women in general, in the United States. Findings support the need for culturally competent and individualized lactation care. © The Author(s) 2015.

  3. Cooperation induced by random sequential exclusion

    Science.gov (United States)

    Li, Kun; Cong, Rui; Wang, Long

    2016-06-01

    Social exclusion is a common and powerful tool to penalize deviators in human societies, and thus to effectively elevate collaborative efforts. Current models on the evolution of exclusion behaviors mostly assume that each peer excluder independently makes the decision to expel the defectors, but has no idea what others in the group would do or how the actual punishment effect will be. Thus, a more realistic model, random sequential exclusion, is proposed. In this mechanism, each excluder has to pay an extra scheduling cost and then all the excluders are arranged in a random order to implement the exclusion actions. If one free rider has already been excluded by an excluder, the remaining excluders will not participate in expelling this defector. We find that this mechanism can help stabilize cooperation under more unfavorable conditions than the normal peer exclusion can do, either in well-mixed population or on social networks. However, too large a scheduling cost may undermine the advantage of this mechanism. Our work validates the fact that collaborative practice among punishers plays an important role in further boosting cooperation.

  4. Notice-and-fair-balance: how to reach a compromise between fundamental rights in European intermediary liability

    NARCIS (Netherlands)

    Angelopoulos, C.; Smet, S.

    2016-01-01

    In recent years, Europe’s highest courts have searched for the answer to the problem of intermediary liability in the notion of a ‘fair balance’ between competing fundamental rights. At the same time, the ‘notice-and-takedown’ system, which first emerged as a solution to intermediary liability in

  5. 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, Finance...

  6. 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...

  7. Association between the Dopamine Receptor D5 Gene and the Liability to Substance Dependence in Males: A Replication.

    Science.gov (United States)

    Vanyukov, Michael M.; Maher, Brion S.; Ferrell, Robert E.; Devlin, Bernard; Marazita, Mary L.; Kirillova, Galina P.

    2001-01-01

    The heritability of substance dependence (SD) liability is based on polymorphisms at the genes that are likely to be related to the function of the central nervous system. We have recently shown an association between the dopamine D5 receptor gene and SD liability. We report herein a replication of this association in an independent case-control…

  8. FEATURES OF ACCOUNTING ORGANIZATION OF LIABILITIES FOR TAXES AND DUTIES UNDER CIRCUMSTANCES OF ENVIRONMENTAL POLICY IMPLEMENTATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    T. Murovana

    2013-05-01

    Full Text Available The main problems of accounting organization of liabilities for taxes and duties under current complicated economic and environmental conditions were investigated. Measures for improving tax calculation reflecting, environmental tax and other environmental liabilities in accounting, tax and financial reporting in order to simplify the accounting process, improve organization of business activities, ensure implementation of environmental policy balance were developed.

  9. The Possibility of Deduction of Environmental Liabilities in Expropriation for Each Breach of Environmental Rural Property

    Directory of Open Access Journals (Sweden)

    Ricardo Nasser Sefer

    2016-10-01

    Full Text Available This study aims to address the deductibility of environmental liability indemnification of quantum measured in the expropriation of rural property that failed to fulfill its environmental function. The Federal Constitution of 1988, provided for the possibility to expropriate rural property that failed to comply with its social and environmental role. On the subject, the Federal Regional Court of the 1st Region does not signed a single position on this opportunity to deduct the environmental liability, generating as a result, legal uncertainty for landowners and the community itself, being the Institute of Colonization and Agrarian Reform - INCRA the correct deduction.

  10. The Fundamental Right to a Decent Work as a Resizing Factor of Company Managers Liability

    Directory of Open Access Journals (Sweden)

    Carla Eugenia Caldas Barros

    2016-11-01

    Full Text Available The present paper aims to point out the human labor value, based on the ideia of decent work as a fundamental right, and yet analyzes the impact of this influence on the company managers liability. Initially, based on the theoretical and descriptive method, describing the rise of human dignity as the center of the legal system and its connection to the labor fundamental rights, as a limiting factor on business activity. Finally, through the deductive method, showing how the resizing of the company managers liability is conditioned by the principles and values consolidated in the constitutional economic order.

  11. 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.

  12. 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.

  13. Digital exclusion in higher education contexts

    DEFF Research Database (Denmark)

    Khalid, Md. Saifuddin; Pedersen, Mette Jun Lykkegaard

    2016-01-01

    .e., lack of hardware devices and Internet services) and accessibility (which include the division between rural and urban areas, as well as disparities in ICT literacy and information literacy). These factors are multi-tiered and overlapping. Studies on the digital divide, digital exclusion, and barriers...... underlying the concepts of “digital exclusion” and the “digital divide” in higher education. The identified factors are grouped into three categories: social exclusion (i.e., low income, ICT-avoidance as the norm, lack of motivation and commitment, and physical or mental disability), digital exclusion (i......The integration and adoption of digital technologies have enabled improvements in the quality of and inclusion in higher education. However, a significant proportion of the population has either remained or become digitally excluded. This systematic literature review elucidates the factors...

  14. Digital exclusion in higher education contexts

    DEFF Research Database (Denmark)

    Khalid, Md. Saifuddin; Pedersen, Mette Jun Lykkegaard

    2016-01-01

    The integration and adoption of digital technologies have enabled improvements in the quality of and inclusion in higher education. However, a significant proportion of the population has either remained or become digitally excluded. This systematic literature review elucidates the factors...... underlying the concepts of “digital exclusion” and the “digital divide” in higher education. The identified factors are grouped into three categories: social exclusion (i.e., low income, ICT-avoidance as the norm, lack of motivation and commitment, and physical or mental disability), digital exclusion (i...... to ICT adoption in higher education deal with similar factors, but these are experienced differently in different contexts. While generalizing these factors into categories enables a better understanding of the nature of digital exclusion, solving and circumventing them remains complex due...

  15. Hard exclusive reactions and generalized parton distributions

    Directory of Open Access Journals (Sweden)

    Hayrapetyan Avetik

    2015-01-01

    Full Text Available The recently developed formalism of Generalized Parton Distributions (GPDs allows connecting the experimental information of hard exclusive reactions to the spin contribution and even to the angular momentum contribution of quarks in the nucleon. By selecting different quantum numbers of the final state in exclusive productions, different GPDs can be addressed separately. The HERMES experiment at the HERA ring at DESY (Hamburg made pioneering contributions and first constraints to Generalized Parton Distributions (GPDs, using hard exclusive vector meson production (EVMP and Deeply Virtual Compton Scattering (DVCS. Using a novel recoil detector, HERMES managed to measure DVCS and EVMP free of any significant background. Selected results are highlighted and discussed in this paper.

  16. The evolution of cooperation by social exclusion

    CERN Document Server

    Sasaki, Tatsuya

    2012-01-01

    The exclusion of freeriders from common privileges or public acceptance is widely found in the real world. Current models on the evolution of cooperation with incentives mostly assume peer sanctioning, whereby a punisher imposes penalties on freeriders at a cost to itself. It is well known that such costly punishment has two substantial difficulties. First, a rare punishing cooperator barely subverts the asocial society of freeriders, and second, natural selection often eliminates punishing cooperators in the presence of non-punishing cooperators (namely, "second-order" freeriders). We present a game-theoretical model of social exclusion in which a punishing cooperator can exclude freeriders from benefit sharing. We show that such social exclusion can overcome the above-mentioned difficulties even if it is costly and stochastic. The results do not require a genetic relationship, repeated interaction, reputation, or group selection. Instead, only a limited number of freeriders are required to prevent the secon...

  17. Decreased interoceptive accuracy following social exclusion.

    Science.gov (United States)

    Durlik, Caroline; Tsakiris, Manos

    2015-04-01

    The need for social affiliation is one of the most important and fundamental human needs. Unsurprisingly, humans display strong negative reactions to social exclusion. In the present study, we investigated the effect of social exclusion on interoceptive accuracy - accuracy in detecting signals arising inside the body - measured with a heartbeat perception task. We manipulated exclusion using Cyberball, a widely used paradigm of a virtual ball-tossing game, with half of the participants being included during the game and the other half of participants being ostracized during the game. Our results indicated that heartbeat perception accuracy decreased in the excluded, but not in the included, participants. We discuss these results in the context of social and physical pain overlap, as well as in relation to internally versus externally oriented attention. Copyright © 2015 Elsevier B.V. All rights reserved.

  18. Barriers to Exclusive Breastfeeding among Urban Mothers

    Directory of Open Access Journals (Sweden)

    Lazina Sharmin

    2016-05-01

    Full Text Available Background: Breastfeeding is the unique source of nutrition and it plays an important role in the growth, development and survival of the infants. The initiation of breastfeeding within one hour and continuation of only breast milk up to six months ensure maximum benefits. The prevalence of exclusive breastfeeding in Bangladesh is 56% which is low. We designed this study to find out the factors influencing the duration of breastfeeding in Bangladeshi population. Objective: To study the factors influencing noncompliance to exclusive breastfeeding. Materials and Methods: This cross sectional study was conducted in Dhaka Shishu Hospital during the period January to June 2011. It includes 125 infant (1–12 months-mother pairs randomly selected from the inpatient and outpatient departments of Dhaka Shishu Hospital. Mother-infant pairs were divided into two groups based on continuation of only breastfeeding up to six months. Outcomes were compared between two groups. Results: In this study exclusive breastfeeding was found in 27.2% and nonexclusive breastfeeding was in 72.8% cases. It was found that in most cases (40% termination of breastfeeding was at 3--4 months. The study revealed that insufficient milk production due to poor position and attachment, social factors such as influence of husband and other family members, joining to service etc act as barrier to exclusive breastfeeding. Mass media and advice from health professionals had a higher influence on lower rate of exclusive breastfeeding. Women who were multiparous, housewives were more likely to maintain optimal breastfeeding. Conclusion: The present study reveals some important factors contributing to low rate of exclusive breastfeeding in Bangladesh.

  19. Teenage pregnancy and exclusive breastfeeding rates.

    Science.gov (United States)

    Puapompong, Pawin; Raungrongmorakot, Kasem; Manolerdtewan, Wichian; Ketsuwan, Sukwadee; Wongin, Sinutchanan

    2014-09-01

    Teenage pregnancy is an important health issue globally and in Thailand Younger age mothers decide on the breastfeeding practices ofthe first 6-month. To find the rates of 6-month exclusive breastfeeding practices of teenage mothers and compare them with the rates of 6-month exclusive breastfeeding practices in mothers who are 20 years of age or more. Three thousand five hundred sixty three normal, postpartum women, who delivered without complications at the HRH Princess Maha Chakri Sirindhorn Medical Center in the Nakhon Nayok Province between 2010 and2013 were included in this study. At the second daypostpartum, the data of latch scores and the data of the practice of exclusive breastfeeding were collected Telephone follow-ups on the seventh, fourteenth, and forty-fifth postpartum days and at the second, fourth, and sixth month postpartum month were collected and used for exclusive breastfeeding data following discharge. Demographic data included the maternal age, parity, gestational age, marital status, occupation, religion, route ofdelivery, estimated blood loss, body mass index, nipple length, and the childs birth weight. The collected data was analyzed by the t-test, Chi-square, and odds ratio with 95% confidence interval. The percentage of teenage pregnancies was at 14.8% (527 cases). On postpartum day 2, the percentage of latch scores of 8 or less was 66.4%. At the seventh, fourteenth, and forty-fifth day and at the second, fourth, and sixth months postpartum, the exclusive breastfeeding rates were 88.5, 78.5, 57.6, 43.1, 32.9, and27.0%, respectively. Comparison of the 6-month exclusive breastfeeding rates between teenage mothers and mothers 20 years ofage or older were not statistically significant (pteenage mothers was at 27.0% and had no significant differences from the rates of mothers 20 years of age or more.

  20. An attempt to understand exclusive π + electroproduction

    Science.gov (United States)

    Goloskokov, S. V.; Kroll, P.

    2010-01-01

    Hard exclusive π + electroproduction is investigated within the handbag approach. The prominent role of the pion-pole contribution is demonstrated. It is also shown that the experimental data require a twist-3 effect which ensues from the helicity-flip generalized parton distribution H T and the twist-3 pion wave function. The results calculated from this handbag approach are compared in detail with the experimental data on cross sections and spin asymmetries measured with a polarized target. It is also commented on consequences of this approach for exclusive π 0 and vector-meson electroproduction.

  1. Exclusive B Decays to Charmonium Final States

    Energy Technology Data Exchange (ETDEWEB)

    Barrera, Barbara

    2000-10-13

    We report on exclusive decays of B mesons into final states containing charmonium using data collected with the BABAR detector at the PEP-II storage rings. The charmonium states considered here are J/{psi}, {psi}(2S), and {chi}{sub c1}. Branching fractions for several exclusive final states, a measurement of the decay amplitudes for the B{sup 0} {yields} J/{psi} K* decay, and measurements of the B{sup 0} and B{sup +} masses are presented. All of the results we present here are preliminary.

  2. Genetic Exclusion in Bacteriophage T4.

    Science.gov (United States)

    1987-01-01

    Snustad , D. P. (1966). Limited genome expression of Bacteriophage T4-infectcd Ese h e -r ichia -coli. 1. Demonstration of the Effect. Genetics 5:2~!5...AD-RIGS 463 GENETIC EXCLUSION IN BACTERIOPHAGE T4(U) AIR FORCE INST 1/2 OF TECH NRIGHT-PRTTERSON SF9 OH J W OSRINGER 199? RFIT/CI/NR-8?-141D...10? ________4______ F4L TITLE (an Iubfil) S. TYPE OF REPORT & PEIOD COVERSO6 Genetic Exclusion in Bacteriophage T4 Afifis/DISSETATION 41. PERFORMING

  3. Exclusive Jet Production with Forward Proton Tagging

    CERN Document Server

    The ATLAS collaboration

    2015-01-01

    The feasibility of measuring central exclusive jet production at ATLAS using the AFP detectors is presented. Two data-taking scenarios are considered; an average number of interactions per bunch crossing of $\\mu = 23$ with integrated luminosity of 40~fb$^{-1}$ and $\\mu = 46$ with integrated luminosity of 300 fb$^{-1}$. After the event selection, a signal-to-background ratio of 0.57 (0.16) for $\\mu = 23$ (46) was achieved. The expected precision of the central exclusive dijet cross section measurement is shown with an estimation of the dominant systematic uncertainties.

  4. 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. 

  5. 41 CFR 102-117.260 - What are my responsibilities to employees regarding the TSP's liability for loss or damage claims?

    Science.gov (United States)

    2010-07-01

    ... responsibilities to employees regarding the TSP's liability for loss or damage claims? 102-117.260 Section 102-117...-117.260 What are my responsibilities to employees regarding the TSP's liability for loss or damage claims? Regarding the TSP's liability for loss or damage claims, you must: (a) Advise employees on the...

  6. Perception and knowledge on exclusive breastfeeding among ...

    African Journals Online (AJOL)

    Milk not being enough was the main reason why women did not exclusively breastfeed. The preferred duration of breastfeeding was 18 months in 58% of the women and the main source of information was the health facilities for 48% of the women. The results from this study showed that women have increased knowledge ...

  7. Exclusive processes in pp collisions in CMS

    CERN Document Server

    Da Silveira, Gustavo Gil

    2013-01-01

    We report the results on the searches of exclusive production of low- and high-mass pairs with the Compact Muon Solenoid (CMS) detector in proton-proton collisions at $\\sqrt{s}$ = 7 TeV. The analyses comprise the central exclusive $\\gamma\\gamma$ production, the exclusive two-photon production of dileptons, $e^{+}e^{-}$ and $\\mu^{+}\\mu^{-}$, and the exclusive two-photon production of $W$ pairs in the asymmetric $e^{\\pm}\\mu^{\\mp}$ decay channel. No diphotons candidates are observed in data and an upper limit on the cross section is set to 1.18 pb with 95% confidence level for $E_{T}(\\gamma)>$ 5.5 GeV and $|\\eta(\\gamma)|$ 5.5 GeV and $|\\eta(e)|$ 11.5 GeV, $p_{\\textrm{T}}(\\mu)>$ 4 GeV and $|\\eta(\\mu)|$ 4 GeV, $|\\eta(\\mu)|$ 20 GeV. Moreover, the study of the tail of the dilepton transverse momentum distribution resulted in model-independent upper limits for the anomalous quartic gauge couplings, which are of the order of 10$^{-4}$.

  8. 19 CFR 10.304 - Exclusions.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Exclusions. 10.304 Section 10.304 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. United States-Canada Free Trade Agreement § 10...

  9. Sexism and Permanent Exclusion from School

    Science.gov (United States)

    Carlile, Anna

    2009-01-01

    Focussing on narratives collected during a two year participant observation research project in the children's services department of an urban local authority, this article addresses the intersection between incidents of permanent exclusion from school and assumptions made on the basis of a young person's gender. The article considers gendered…

  10. Exclusive photoproduction of gamma mesons at HERA

    NARCIS (Netherlands)

    Chekanov, S.; Derrick, M.; Magill, S.; Musgrave, B.; Nicholass, D.; Repond, J.; Yoshida, R.; Mattingly, M. C. K.; Antonioli, P.; Bari, G.; Bellagamba, L.; Boscherini, D.; Bruni, G.; Cindolo, F.; Corradi, M.; Iacobucci, G.; Margotti, A.; Nania, R.; Polini, A.; Antonelli, S.; Basile, M.; Bindi, M.; Cifarelli, L.; Contin, A.; De Pasquale, S.; Sartorelli, G.; Zichichi, A.; Bartsch, D.; Brock, I.; Hartmann, H.; Hilger, E.; Jakob, H. -P.; Juengst, M.; Nuncio-Quiroz, A. E.; Samson, U.; Schoenberg, V.; Shehzadi, R.; Wlasenko, M.; Brook, N. H.; Heath, G. P.; Kaur, M.; Kaur, P.; Singh, I.; Capua, M.; Fazio, S.; Mastroberardino, A.; Schioppa, M.; Susinno, G.; Tassi, E.; Kim, J. Y.; Ibrahim, Z. A.; Idris, F. Mohamad; Kamaluddin, B.; Abdullah, W. A. T. Wan; Ning, Y.; Ren, Z.; Sciulli, F.; Chwastowski, J.; Eskreys, A.; Figiel, J.; Galas, A.; Olkiewicz, K.; Pawlik, B.; Stopa, P.; Zawiejski, L.; Adamczyk, L.; Bold, T.; Grabowska-Bold, I.; Kisielewska, D.; Lukasik, J.; Przybycien, M.; Suszycki, L.; Kotanski, A.; Slominski, W.; Behnke, O.; Behr, J.; Behrens, U.; Blohm, C.; Borras, K.; Ciesielski, R.; Coppola, N.; Geiser, A.; Goettlicher, R.; Grebenyuk, J.; Gregor, I.; Haas, T.; Hain, W.; Huettmann, A.; Januschek, F.; Kahle, B.; Katkov, I. I.; Klein, U.; Koetz, U.; Kowalski, H.; Lisovyi, M.; Lobodzinska, E.; Loehr, B.; Mankel, R.; Melzer-Pellmann, I. -A.; Miglioranzi, S.; Montanari, A.; Namsoo, T.; Notz, D.; Parenti, A.; Roloff, P.; Rubinsky, I.; Schneekloth, U.; Spiridonov, A.; Szuba, D.; Szuba, J.; Theedt, T.; Tomaszewska, J.; Wolf, G.; Wrona, K.; Yaguees-Molina, A. G.; Youngman, C.; Zeuner, W.; Drugakov, V.; Lohmann, W.; Schlenstedt, S.; Barbagli, G.; Gallo, E.; Pelfer, P. G.; Bamberger, A.; Dobur, D.; Karstens, F.; Vlasov, N. N.; Bussey, P. J.; Doyle, A. T.; Forrest, M.; Saxon, D. H.; Skillicorn, I. O.; Gialas, I.; Papageorgiu, K.; Holm, U.; Klanner, R.; Lohrmann, E.; Perrey, H.; Schleper, R.; Schoerner-Sadenius, T.; Sztuk, J.; Stadie, H.; Turcato, M.; Foudas, C.; Fry, C.; Long, K. R.; Tapper, A. D.; Matsumoto, T.; Nagano, K.; Tokushuku, K.; Yamada, S.; Yamazaki, Y.; Barakbaev, A. N.; Boos, E. G.; Pokrovskiy, N. S.; Zhautykov, B. O.; Aushev, V.; Bachynska, O.; Borodin, M.; Kadenko, I.; Kuprash, O.; Libov, V.; Lontkovskyi, D.; Makarenko, I.; Sorokin, Iu.; Verbytskyi, A.; Volynets, O.; Zolko, M.; Son, D.; de Favereau, J.; Piotrzkowski, K.; Barreiro, F.; Glasman, C.; Jimenez, M.; del Peso, J.; Ron, E.; Terron, J.; Uribe-Estrada, C.; Corriveau, F.; Schwartz, J.; Tsurugai, T.; Antonov, A.; Dolgoshein, B. A.; Gladkov, D.; Sosnovtsev, V.; Stifutkin, A.; Suchkov, S.; Dementiev, R. K.; Ermolov, P. F.; Gladilin, L. K.; Golubkov, Yu. A.; Khein, L. A.; Korzhavina, I. A.; Kuzmin, V. A.; Levchenko, B. B.; Lukina, O. Yu.; Proskuryakov, A. S.; Shcheglova, L. M.; Zotkin, D. S.; Abt, I.; Caldwell, A.; Kollar, D.; Reisert, B.; Schmidke, W. B.; Grigorescu, G.; Keramidas, A.; Kooijman, R.; Pellegrino, A.; Tiecke, H.; Vazquez, M.; Bruemmer, N.; Bylsma, B.; Durkin, L. S.; Lee, A.; Ling, T. Y.; Allfrey, P. D.; Bell, M. A.; Cooper-Sarkar, A. M.; Devenish, R. C. E.; Ferrando, J.; Foster, B.; Gwenlan, C.; Horton, K.; Oliver, K.; Robertson, A.; Walczak, R.; Bertolin, A.; Dal Corso, F.; Dusini, S.; Longhin, A.; Stanco, L.; Brugnera, R.; Carlin, R.; Garfagnini, A.; Limentani, S.; Oh, B. Y.; Raval, A.; Whitmore, J. J.; Iga, Y.; D'Agostini, G.; Marini, G.; Nigro, A.; Cole, J. E.; Hart, J. C.; Abramowicz, H.; Ingbir, R.; Kananov, S.; Stern, A.; Kuze, M.; Maeda, J.; Hori, R.; Kagawa, S.; Okazaki, N.; Tawara, T.; Hamatsu, R.; Kaji, H.; Kitamura, S.; Ota, O.; Ri, Y. D.; Costa, M.; Ferrero, M. I.; Monaco, V.; Sacchi, R.; Sola, V.; Solano, A.; Arneodo, M.; Ruspa, M.; Fourletov, S.; Stewart, T. P.; Boutle, S. K.; Butterworth, J. M.; Jones, T. W.; Loizides, J. H.; Wing, M.; Brzozowska, B.; Ciborowski, J.; Grzelak, G.; Kulinski, P.; Luzniak, P.; Malka, J.; Nowak, R. J.; Pawlak, J. M.; Perlanski, W.; Zarnecki, A. F.; Adamus, M.; Plucinski, P.; Tymieniecka, T.; Eisenberg, Y.; Hochman, D.; Karshon, U.; Brownson, E.; Reeder, D. D.; Savin, A. A.; Smith, W. H.; Wolfe, H.; Bhadra, S.; Catterall, C. D.; Hartner, G.; Menary, S.; Noor, U.; Standage, J.; Whyte, J.

    2009-01-01

    The exclusive photoproduction reaction gamma p -> gamma p has been studied with the ZEUS experiment in ep collisions at HERA using an integrated luminosity of 468 pb(-1). The measurement covers the kinematic range 60

  11. Bitcoin and Beyond: Exclusively Informational Money

    NARCIS (Netherlands)

    Bergstra, J.A.; de Leeuw, K.

    2013-01-01

    The famous new money Bitcoin is classified as a technical informational money (TIM). Besides introducing the idea of a TIM, a more extreme notion of informational money will be developed: exclusively informational money (EXIM). The informational coins (INCOs) of an EXIM can be in control of an agent

  12. Unearthing exclusions: Towards more inclusive Zimbabwean cities ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Zimbabwe now faces significant challenges associated with urban overcrowding, unemployment, violence, and inadequate services. This project seeks to examine the causes and impacts of urban violence and inequalities. Researchers will explore how historically rooted causes of exclusion have-and continue to-frame ...

  13. Determinants of exclusive breastfeeding practices in Ethiopia

    African Journals Online (AJOL)

    ACIPH_Admin

    Abstract. Background: Despite the demonstrated benefits of breast milk, the prevalence of breastfeeding, in-particular exclusive breastfeeding (EBF), in many developing countries including Ethiopia is lower than the international recommendation of EBF for the first six months of life. Objective: To assess the practice of EBF ...

  14. Determinants of exclusive breastfeeding practices in Ethiopia ...

    African Journals Online (AJOL)

    Background: Despite the demonstrated benefits of breast milk, the prevalence of breastfeeding, in-particular exclusive breastfeeding (EBF), in many developing countries including Ethiopia is lower than the international recommendation of EBF for the first six months of life. Objective: To assess the practice of EBF and ...

  15. 5 CFR 581.105 - Exclusions.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Exclusions. 581.105 Section 581.105 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROCESSING GARNISHMENT ORDERS... based on a levy for income tax under section 6331 of title 26 of the United States Code, shall not be...

  16. Factors associated with exclusive breastfeeding among mothers ...

    African Journals Online (AJOL)

    Conclusion: This study could help mothers, Ministry of Health and other nongovernmental organisations working with child health programmes, in likely interventions and supporting the ongoing child survival programmes, by taking appropriate steps in enhancing exclusive breastfeeding. As mothers attend antenatal and ...

  17. MATERNAL EXCLUSIVE BREAST-FEEDING PRACTICE IN ...

    African Journals Online (AJOL)

    rate the among the unemployed and self-employed mothers was lower than that of those in paid employment. This is contrary to expectation, since the unemployed/scif~employed are usually not separated from their children unlike those in paid employment who usually separated during working. Exclusive breast feeding ...

  18. Exclusive breastfeedingand postnatal changes in maternal ...

    African Journals Online (AJOL)

    To evaluate the impact of exclusive breastfeeding (EBFing) practice on maternal anthropometry during the first 6months of birth. Measurement of weight, height, triceps skin-fold thickness (TST), and mid-arm circumference (MAC) was carried out in a matched cohort of women practicing EBFing and those using other ...

  19. 12 CFR 367.5 - Exclusions.

    Science.gov (United States)

    2010-01-01

    ... mitigating or aggravating circumstances shall be considered in making any exclusion decision. ... also prohibited from conducting business with FDIC as agents or representatives of other contractors... Ethics Counselor's decision to exclude the contractor pursuant to § 367.16. Provided further, that the...

  20. Combating Labour Market Exclusion: Does Training Work?

    Science.gov (United States)

    Descy, Pascaline; Tessaring, Manfred

    2007-01-01

    This article reviews active labour-market policies (ALMP), of which training is prominent. For about 20 years now, they have been one of the most important measures to combat unemployment and exclusion from the labour market. But is training a successful and efficient policy to reduce unemployment, compared to other types of ALMP? We draw some…

  1. The Banality of Exclusion in Australian Universities

    Science.gov (United States)

    White, Julie

    2017-01-01

    The systematic exclusion of asylum seekers from Australian higher education reveals much about present day Australia. This essay begins with a brief context and outline of the international refugee crisis and Australia's reaction. Next, consideration is given to how this nation has identified itself historically and how it has behaved in recent…

  2. Bullying and social exclusion anxiety in schools

    DEFF Research Database (Denmark)

    Søndergaard, Dorte Marie

    2012-01-01

    to the social processes that may lead to bullying. The social approach theorises bullying as one of many reactions to particular kinds of social insecurity. The concepts I develop include the necessity of belonging, social exclusion anxiety and the production of contempt and dignity by both children and adults...

  3. Six months of exclusive breastfeeding recommendation: How ...

    African Journals Online (AJOL)

    Public health organisations, including the World Health Organisation recommend 6 months of exclusive breastfeeding for optimal growth, cognitive development and health. In addition, the provision of nutritionally adequate and safe complementary foods to the infants while breastfeeding continues up until 2 years of age ...

  4. 36 CFR 220.6 - Categorical exclusions.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Categorical exclusions. 220.6 Section 220.6 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NATIONAL... portion of a stand damaged by a wind or ice event and construction of a short temporary road to access the...

  5. 36 CFR 907.10 - Categorical exclusion.

    Science.gov (United States)

    2010-07-01

    ... human environment. Therefore, neither an environmental assessment nor an environmental impact statement... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Categorical exclusion. 907.10 Section 907.10 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION...

  6. Factors influencing knowledge and practice of exclusive ...

    African Journals Online (AJOL)

    The overall objective of this study was to determine factors influencing the knowledge and practice of Exclusive Breast Feeding1 (EBF) among lactating mothers with infants aged zero2 to six months at Ahero Sub District Hospital in Nyando District, Kenya. A cross- sectional design was conducted to 117 breastfeeding ...

  7. MATERNAL EXCLUSIVE BREAST-FEEDING PRACTICE IN ...

    African Journals Online (AJOL)

    Others were paid employment with maternity leave ... (ENE) and five community health workers who had been trained prior to onset of study and who showed understanding. DEFINITIONS. Exclusive breast feeding: the infant has received only ... mothers with paid employment and this was significant when compares with ...

  8. Essays on the valuation of discretionary liabilities and pension fund investment policy

    NARCIS (Netherlands)

    Broeders, D.W.G.A.

    2010-01-01

    The four essays collected in this dissertation serve as a contribution to the broad field of pension finance. They focus on the economic understanding of liability valuation on the one hand and investment policy for pension funds on the other. The first article concerns the impact of the sponsor’s

  9. 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.

  10. F v Minister of Safety and Security: Vicarious liability and state ...

    African Journals Online (AJOL)

    The Constitutional Court judgement in F v Minister of Safety and Security 1 is a ground-breaking judgement in two important respects: firstly, it finally does away with the fiction that an employee acts within the course and scope of her employment in the so-called deviation cases in the law of vicarious liability, and secondly it ...

  11. The EU Commission initiative of nuclear liability; Die Initiative der EU-Kommission zur Nuklearhaftung

    Energy Technology Data Exchange (ETDEWEB)

    Raetzke, Christian

    2013-11-15

    The EU Commission has recently tackled the difficult issue of nuclear liability in the EU. A public consultation on this topic, via an online questionnaire, has just been closed. The next step would normally be for the Commission to launch a draft piece of legislation. But the situation is complicated, and the Commission may have opened Pandora's box when they decided to deal with nuclear liability. The 'patchwork' of different international conventions and national legislations in force within the EU is on the one hand a very good reason to launch an EU initiative with the aim of harmonization. At the same time, the existing situation poses numerous obstacles to any attempt of finding viable solutions. What is more, the competence of the EU to issue legislation in the field of nuclear liability is doubtful. The article describes the current situation in the EU and explains some options which might be considered by the Commission. Scope and content of any future EU legislation on nuclear liability will be defined by the extent to which the Commission succeeds in obtaining a qualified majority in the Council. In the author's opinion, it is extremely important that any EU legislation does not collide with the existing system of international conventions. Within this framework, there is sufficient room for far-reaching solutions. Some of the more realistic options would be broadly compatible with German nuclear law and their introduction on EU level should be seriously considered. (orig.)

  12. 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.…

  13. 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.…

  14. 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.

  15. Common and specific liability to addiction: approaches to association studies of opioid addiction.

    Science.gov (United States)

    Nielsen, David A; Kreek, Mary Jeanne

    2012-06-01

    Opioid addiction, whether to opiates such as heroin and morphine, and/or to non-medical use of opioids, is a major problem worldwide. Although drug-induced and environmental factors are essential for the liability to develop opioid addiction, the genetic background of an individual is now known also to play a substantial role. The overall goal of this article is to address the common and specific liabilities to addiction in the context of approaches to studies of one addiction, opioid addiction. Literature on identifying genetic variants that may play a role in the development of opioid addiction was reviewed. A substantial number of genetic variants have been reported to be associated with opioid addiction. No single variant has been found in any of the reported GWAS studies with a substantial effect size on the liability to develop heroin addiction. It appears that there is a complex interaction of a large number of variants, some rare, some common, which interact with the environment and in response to specific drugs of abuse to increase the liability of developing opioid addiction. In spite of the inherent difficulties in obtaining large well-phenotyped cohorts for genetic studies, new findings have been reported that are being used to develop testable hypotheses into the biological basis of opioid addiction. Copyright © 2012. Published by Elsevier Ireland Ltd.

  16. Some reflexions on the liability derived from anti-competitive business practices

    Directory of Open Access Journals (Sweden)

    Carolina Salazar Holguín

    2013-12-01

    Full Text Available Although the protection of economic competition is a public interest, its restrictions have a negative impact on both the market that is being protected, as well as its consumers. While damages to the market and the general interest are protected through administrative investigations and penalties, damages caused to competitors, as a result of the noncompliance with rules of public character, are protected through tort law actions. To determine whether liability arises from the noncompliance with competition rules, it is necessary to analyze the different elements of such liability. Some competition law rules have an objective dimension (intended to safeguard public interests and a subjective dimension (intended to safeguard private interests. Damages caused by the implementation of anticompetitive business practices is a case of liability for its own act (trader’s activity, which should be analyzed under a subjective system of liability. However, the noncompliance to competition laws, which also protects the public interest dimension of the competition, carries the fault element. In this case, the only option for the defendant is to prove if his/her conduct fits into an exemption, or prove that it was an invincible mistake.

  17. The Modes of Liability at the ICC: The Labels that Don't Always Stick

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2015-01-01

    The article critically analyses recent developments in the jurisprudence of the International Criminal Court. In particular, it scrutinises two convictions rendered by the Court to the date with the view of assessing the viability of the modes of liability employed by the ICC. The argument is tha...

  18. Pension regulation and the market value of pension liabilities - A contingent claims analysis using Parisian options

    NARCIS (Netherlands)

    Broeders, D.; Chen, A.

    2008-01-01

    We analyze the market-consistent valuation of pension liabilities in a contingent claim framework whereby a knock-out barrier feature is applied to capture early regulatory closure of a pension plan. We investigate two cases which we call "immediate closure procedure" and "delayed closure

  19. 48 CFR 1452.228-72 - Liability for Loss or Damage-Department of the Interior.

    Science.gov (United States)

    2010-10-01

    ... Damage-Department of the Interior. 1452.228-72 Section 1452.228-72 Federal Acquisition Regulations System DEPARTMENT OF THE INTERIOR CONTRACT MANAGEMENT SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions and Clauses 1452.228-72 Liability for Loss or Damage—Department of the Interior. As prescribed in...

  20. 26 CFR 521.115 - Credit against United States tax liability for Danish tax.

    Science.gov (United States)

    2010-04-01

    ... Danish tax. 521.115 Section 521.115 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... Are Residents of Denmark and of Danish Corporations § 521.115 Credit against United States tax liability for Danish tax. For the purpose of avoidance of double taxation, Article XV provides that, on the...

  1. 78 FR 8821 - Abandoned Mine Land Reclamation Program; Limited Liability for Noncoal Reclamation by Certified...

    Science.gov (United States)

    2013-02-06

    ... reclaiming abandoned mine lands and waters adversely impacted by inadequately reclaimed surface coal mining... CFR Parts 700, 875, 879, et al. Abandoned Mine Land Reclamation Program; Limited Liability for Noncoal... Reclamation and Enforcement 30 CFR Parts 700, 875, 879, 884, and 885 RIN 1029-AC66 Abandoned Mine Land...

  2. 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

  3. Default risk, bankruptcy procedures and the market value of life insurance liabilities

    NARCIS (Netherlands)

    Chen, A.; Suchanecki, M.

    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

  4. 26 CFR 53.4961-2 - Court proceedings to determine liability for second tier tax.

    Science.gov (United States)

    2010-04-01

    ... second tier tax. 53.4961-2 Section 53.4961-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) MISCELLANEOUS EXCISE TAXES (CONTINUED) FOUNDATION AND SIMILAR EXCISE TAXES Second Tier Excise Taxes § 53.4961-2 Court proceedings to determine liability for second tier tax. (a) Introduction...

  5. 39 CFR 273.3 - Liability for false claims and statements.

    Science.gov (United States)

    2010-07-01

    ... OF PROGRAM FRAUD CIVIL REMEDIES ACT § 273.3 Liability for false claims and statements. Section 3802... agent, fiscal intermediary, or other entity, including any State or political subdivision thereof... actually made to an agent, fiscal intermediary, or other entity, including any State or political...

  6. The arbitrage-free equilibrium pricing of liabilities in an incomplete ...

    African Journals Online (AJOL)

    In prior work by the author the method of pricing the liabilities of a financial institution by means of dynamic mean–variance hedging is applied to an incomplete market that is nevertheless in equilibrium with homogeneous expectations. In subsequent work a long-term equilibrium model is developed and parameterised for ...

  7. 27 CFR 44.65 - Liability for tax on tobacco products, and cigarette papers and tubes.

    Science.gov (United States)

    2010-04-01

    ... tobacco products, and cigarette papers and tubes. 44.65 Section 44.65 Alcohol, Tobacco Products and... EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES, WITHOUT PAYMENT OF TAX, OR WITH DRAWBACK OF TAX General § 44.65 Liability for tax on tobacco products, and cigarette papers and tubes. The...

  8. Optimal claim behaviour for third-party liability insurances with perfect information

    NARCIS (Netherlands)

    N.P. Dellaert (Nico); J.B.G. Frenk (Hans); I. Voshol (Ilje)

    1991-01-01

    textabstractIn this paper we analyse the optimal claim behaviour of a policy holder having a third-party liability insurance in which one is allowed to decide at the end of an insurance year which damages occurred during that year should be claimed. This analysis can only be carried out in detail in

  9. Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

    Science.gov (United States)

    Raddatz, Anita

    To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

  10. Environmental Pollution Liability Insurance in China: In Need of Strong Government Backing

    NARCIS (Netherlands)

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

    2014-01-01

    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies

  11. Coexistence or Conflict? A European Perspective on GMOs and the Problem of Liability

    Science.gov (United States)

    Rodgers, Christopher P.

    2007-01-01

    In March 2004, the U.K. government announced its intention to grant limited authorization for the growing of commercial genetically modified (GM) crops. This article reviews the potential liabilities that may arise from GM cropping, for environmental damage and for economic losses claimed by non-GM producers. It considers the application of the…

  12. Developmental Markers of Genetic Liability to Autism in Parents: A Longitudinal, Multigenerational Study

    Science.gov (United States)

    Losh, Molly; Martin, Gary E.; Lee, Michelle; Klusek, Jessica; Sideris, John; Barron, Sheila; Wassink, Thomas

    2017-01-01

    Genetic liability to autism spectrum disorder (ASD) can be expressed in unaffected relatives through subclinical, genetically meaningful traits, or endophenotypes. This study aimed to identify developmental endophenotypes in parents of individuals with ASD by examining parents' childhood academic development over the school-age period. A cohort of…

  13. The liability of churches for the historical sexual assault of children ...

    African Journals Online (AJOL)

    The liability of churches for the historical sexual assault of children by priests. ... In Canada, the UK and South Africa courts have in different ways acknowledged the fact that victims of child sexual abuse are often not able to process their claims timeously, because of psychological factors. The victims are allowed to bring ...

  14. Legal Issues for Orientation and Mobility Specialists: Minimizing the Risks of Liability.

    Science.gov (United States)

    Marsh, Ruth Ann; Hartmeister, Fred; Griffin-Shirley, Nora

    2000-01-01

    This article discusses the potential negligence-based liability risks that orientation and mobility (O&M) specialists often face when assisting students with visual impairments with independent travel in uncontrolled environments. It also presents strategies that may minimize the risks of O&M training for both students and specialists. (Contains…

  15. 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 subsidiaries...

  16. 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 subsidiaries...

  17. Does determining serum alcohol concentrations in emergency department patients influence physicians' civil suit liability?

    Science.gov (United States)

    Simel, D L; Feussner, J R

    1989-05-01

    Emergency physicians may incur liability when impaired patients who have been treated and released are subsequently involved in traffic crashes. We surveyed attorneys to assess their perception of how serum alcohol determinations might influence their liability in civil suits. Overall, 63.9% of the attorneys surveyed would advise patients that they received potentially negligent care if they were impaired following treatment in the emergency department and were involved in a traffic crashes. Perceived liability was altered by physician behavior as follows: 43.1% of attorneys would advise clients that they received potentially negligent care when impairment was documented by a test for serum alcohol concentration and no advice was given regarding drunk driving, and 17.3% of attorneys would give similar advice when impairment was not documented by a test for serum alcohol concentration and no advice was given regarding drunk driving. In contrast, only 3.5% of attorneys would suggest possible negligence when impairment was documented by a test for serum alcohol concentration and with advice subsequently given not to drive. The coupling of diagnosing impairment by the serum alcohol concentration and driving advice is medically sensible and might result in minimal civil liability.

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

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Account 245, Derivative..., Derivative instrument liabilities—Hedges (a) This account must include the change in the fair value of derivative instrument liabilities designated by the service company as cash flow or fair value hedges. (b) A...

  19. Design According to Liabilities: ACAS X and the Treatment of ADS-B Position Data

    NARCIS (Netherlands)

    Schebesta, H.; Contissa, Giuseppe; Sartor, Giovanni; Masutti, Anna; Paola, Tomasello; Taurino, Damiano

    2015-01-01

    This paper presents the results of the test application
    of the Legal Case on ACAS X, the new generation airborne
    collision avoidance system. The Legal Case is the novel
    methodology, recently developed by the ALIAS project, to
    address liability of innovative systems for aviation and

  20. 22 CFR 211.9 - Liability for loss damage or improper distribution of commodities.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Liability for loss damage or improper distribution of commodities. 211.9 Section 211.9 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT... English translation and shall be forwarded as set forth in paragraphs (c)(1) (iii) and (iv) of this...

  1. Emerging Issues in Special Education Tort Liability: Implications for Special Educators and Teacher Trainers.

    Science.gov (United States)

    McAfee, James K.

    1987-01-01

    Critical issues in tort liability that confront special educators and teacher trainers include malpractice (failure to learn), misdiagnosis, immunity, impact of a handicap on standard of care, confidentiality, access to emergency medical services, the use of aversive consequences, child abuse and corporal punishment, and school violence.…

  2. 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

  3. 48 CFR 970.5232-5 - Liability with respect to cost accounting standards.

    Science.gov (United States)

    2010-10-01

    ... cost accounting standards. 970.5232-5 Section 970.5232-5 Federal Acquisition Regulations System... cost accounting standards. As prescribed in 970.3270(a)(5), insert the following clause: Liability With Respect to Cost Accounting Standards (DEC 2000) (a) The Contractor is not liable to the Government for...

  4. 47 CFR 32.4370 - Other jurisdictional liabilities and deferred credits-net.

    Science.gov (United States)

    2010-10-01

    ... net of any applicable income tax effects and shall be supported by appropriate subsidiary records... credits-net. 32.4370 Section 32.4370 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED... Balance Sheet Accounts § 32.4370 Other jurisdictional liabilities and deferred credits—net. This account...

  5. Physicians' communication skills with patients and legal liability in decided medical malpractice litigation cases in Japan.

    Science.gov (United States)

    Hamasaki, Tomoko; Takehara, Tadamichi; Hagihara, Akihito

    2008-07-25

    In medical malpractice litigations in recent years in Japan, it is notable that the growing number of medical litigation cases includes the issue of a doctor's explanation to the patient as a pivotal point. The objective of this study was to identify factors of physicians' communication skills with patients, as related to their legal liability, and differences in doctors' communication skills with patients by the type of medical facility. Decisions of medical malpractice litigation cases between 1988 and 2005 in Japan, the pivotal issue of which was a physician's explanation, were analyzed in the study. The content of each decision was summarized using the study variables (information about the patient, doctor, manner of the doctor's explanation, and subsequent litigation), and a database comprising the content of each decision (N = 100) was constructed. In order to evaluate an association between doctors' communication skills with patients and the outcome of the litigation, the analysis was performed based on the outcome of litigation or the type of medical facility. The ratio of acknowledged physician liability by court decision was lower in cases in which the doctor's explanation occurred before treatment or surgery (p = 0.013). The ratio of acknowledged physician liability by court decision was higher in cases of elective or non-urgent treatment (p = 0.046). The ratio of acknowledged physician liability by court decision was higher in clinics than in hospital groups (p = 0.036). These findings are beneficial for the prevention of medical disputes and improvement of patient-physician communication.

  6. Marketing nutrition & health-related benefits of food & beverage products: enforcement, litigation & liability issues.

    Science.gov (United States)

    Roller, Sarah; Pippins, Raqiyyah

    2010-01-01

    Over the past decade, the liability risks associated with food and beverage product marketing have increased significantly, particularly with respect to nutrition and health-related product benefit claims. FDA and FTC enforcement priorities appear to have contributed to the increasing liability trends that are associated with these nutrition and health-related claims. This article examines key enforcement and litigation developments involving conventional food and beverage product marketing claims during the first 18 months of President Obama's administration: Part I considers FDA enforcement priorities and recent warning letters; Part II considers FTC enforcement priorities, warning letters, and consent orders; and Part III considers the relationship between FDA and FTC enforcement priorities and recent false advertising cases brought by private parties challenging nutrition and health-related marketing claims for food and beverage products. The article makes recommendations concerning ways in which food and beverage companies can help minimize liability risks associated with health-related marketing claims. In addition, the article suggests that federal policy reforms may be required to counter the perverse chilling effects current food liability trends appear to be having on health-related marketing claims for food and beverage products, and proposes a number of specific reforms that would help encourage the responsible use of well-substantiated marketing claims that can help foster healthy dietary practices. In view of the obesity prevention and other diet-related public health priorities of the Obama administration, the article suggests that this is an opportune time to address the apparent chilling effects increasing food liability risks are having on nutrition and health-related marketing claims for healthy food and beverage products, and potential adverse consequences for public health.

  7. Central exclusive production of hadrons in CDF

    Energy Technology Data Exchange (ETDEWEB)

    Albrow, M. G. [Fermilab; Lontkovskyi, D. [Unlisted, PL; Makarenko, I. [Unlisted, PL; Swiech, A. [Unlisted, PL; Zurek, M. [Unlisted, PL

    2012-01-01

    At the Fermilab Tevatron with $\\sqrt{s}$ = 900 and 1960 GeV, we have studied exclusive double pomeron exchange in the Collider Detector at Fermilab, CDF. With $\\sim$300,000 events we present the mass spectrum of two hadrons, $h^+h^-$, assumed to be pions, with $|\\eta(\\pi)| <$ 1.3 and two rapidity gaps $\\Delta \\eta > 4.6$. The mass spectrum shows resonance structures, including $f_0(980),f_2(1270),$ and$ f_0(1370)$. The cross section ratio 1960 GeV/900 GeV and the mean $p_T(pair)$ show mass-dependent structures, even above $M$ = 2 GeV where there are no established $\\pi^+\\pi^-$ resonances. The data extend above $M$ = 5 GeV. We place an upper limit on exclusive $\\chi_{c0} \\rightarrow \\pi^+\\pi^-$ and $K^+K^-$.

  8. Critical behavior of the exclusive queueing process

    Science.gov (United States)

    Arita, Chikashi; Schadschneider, Andreas

    2013-11-01

    The exclusive queueing process (EQP) is a generalization of the classical M/M/1 queue. It is equivalent to a totally asymmetric exclusion process (TASEP) of varying length. Here we consider two discrete-time versions of the EQP with parallel and backward-sequential update rules. The phase diagram (with respect to the arrival probability α and the service probability β) is divided into two phases corresponding to divergence and convergence of the system length. We investigate the behavior on the critical line separating these phases. For both update rules, we find diffusive behavior for small service probability (\\beta \\beta_c it becomes sub-diffusive and nonuniversal: the critical exponents characterizing the divergence of the system length and the number of customers are found to depend on the update rule. For the backward-update case, they also depend on the hopping parameter p, and remain finite when p is large, indicating a first-order transition.

  9. Gendered racial exclusion among White internet daters.

    Science.gov (United States)

    Feliciano, Cynthia; Robnett, Belinda; Komaie, Golnaz

    2009-03-01

    Acceptance by the dominant group reveals the current standing of racial groups in the U.S. hierarchy, as well as the possibility for assimilation. However, few researchers have addressed the gendered nature of racial preferences by whites. We examine whites' exclusion of blacks, Latinos, Asians, Middle Easterners, East Indians and Native Americans as possible dates, using a sample of profiles collected from an internet dating website. We find that white men are more willing than white women to date non-whites in general, yet, with the exception of their top two preferences for dates, whites and Latinos, the racial hierarchies of males and females differ. Among daters with stated racial preferences, white men are more likely to exclude blacks as possible dates, while white women are more likely to exclude Asians. We argue that exclusion relates to racialized images of masculinity and femininity, and shapes dating and marriage outcomes, and thus minority groups' possibilities for full social incorporation.

  10. A study of Central Exclusive Production

    Energy Technology Data Exchange (ETDEWEB)

    Monk, James [Univ. of Manchester (United Kingdom)

    2006-01-01

    Central exclusive production of a system X in a collision between two hadrons h is defined as hh → h + X + h with no other activity apart from the decay products of X. This thesis presents predictions for the production cross section of a CP violating supersymmetric Higgs boson and the radion of the Randall-Sundrum model. The ExHuME Monte Carlo generator was written to simulate central exclusive processes and is described and explored. A comparison to di-jet observations made by the D0 detector at the Tevatron, Fermilab between January and June 2004 is made and the distributions found support the predictions of ExHuME.

  11. Social exclusion: the interplay of group goals and individual characteristics.

    Science.gov (United States)

    Richardson, Cameron B; Hitti, Aline; Mulvey, Kelly Lynn; Killen, Melanie

    2014-08-01

    Past research has shown that adolescents justify social exclusion based on concerns for group functioning, and yet, to date, no study has evaluated whether group functioning justifications shift or remain stable across different exclusion contexts. In this study, we systematically manipulated exclusion context (i.e., competitive or noncompetitive soccer groups) and individual characteristics of the target of exclusion to test the nature of the interaction between these factors during exclusion judgments. Adolescents' (N = 201; 61% Female) exclusion judgments differed across contexts only when an individual's ability was under consideration. Intergroup (i.e., gender, nationality) and interpersonal (i.e., aggression, shyness) characteristics overwhelmed contextual considerations. Results indicate the complexity of factors weighed by adolescents when making exclusion judgments, and suggest the need for extension of the present findings to understand more fully the interaction between the context of exclusion and individual characteristics in exclusion judgments.

  12. Sexism and Permanent Exclusion from School

    OpenAIRE

    Carlile, Anna

    2009-01-01

    Focussing on narratives collected during a two year participant observation research project in the children's services department of an urban local authority, this article addresses the intersection between incidents of permanent exclusion from school and assumptions made on the basis of a young person's gender. The article considers gendered class reproduction through the choice of GCSEs; gender normativity in single sex schools; and the relationship between domestic violence and sexual agg...

  13. An attempt to understand exclusive pi+ electroproduction

    OpenAIRE

    Goloskokov, S. V.; Kroll, P

    2009-01-01

    Hard exclusive pi+ electroproduction is investigated within the handbag approach. The prominent role of the pion-pole contribution is demonstrated. It is also shown that the experimental data require a twist-3 effect which ensues from the helicity-flip generalized parton distribution H_T and the twist-3 pion wave function. The results calculated from this handbag approach are compared in detail with the experimental data on cross sections and spin asymmetries measured with a polarized target....

  14. Exclusive electroproduction of two pions at HERA

    NARCIS (Netherlands)

    Abramowicz, H.; Abt, I.; Adamczyk, L.; Adamus, M.; Aggarwal, R.; Antonelli, S.; Antonioli, P.; Antonov, A.; Arneodo, M.; Ashery, D.; Aushev, V.; Aushev, Y.; Bachynska, O.; Bamberger, A.; Barakbaev, A. N.; Barbagli, G.; Bari, G.; Barreiro, F.; Bartosik, N.; Bartsch, D.; Basile, M.; Behnke, O.; Behr, J.; Behrens, U.; Bellagamba, L.; Bertolin, A.; Bhadra, S.; Bindi, M.; Blohm, C.; Bokhonov, V.; Bold, T.; Bondarenko, K.; Boos, E. G.; Borras, K.; Boscherini, D.; Brock, I.; Brownson, E.; Brugnera, R.; Bruemmer, N.; Bruni, A.; Bruni, G.; Brzozowska, B.; Bussey, P. J.; Bylsma, B.; Caldwell, A.; Capua, M.; Carlin, R.; Catterall, C. D.; Chekanov, S.; Chwastowski, J.; Ciborowski, J.; Ciesielski, R.; Cifarelli, L.; Cindolo, F.; Contin, A.; Cooper-Sarkar, A. M.; Coppola, N.; Corradi, M.; Corriveau, F.; Costa, M.; D'Agostini, G.; Dal Corso, F.; del Peso, J.; Dementiev, R. K.; De Pasquale, S.; Derrick, M.; Devenish, R. C. E.; Dobur, D.; Dolgoshein, B. A.; Dolinska, G.; Doyle, A. T.; Drugakov, V.; Durkin, L. S.; Dusini, S.; Eisenberg, Y.; Ermolov, P. F.; Eskreys, S.; Fazio, S.; Ferrando, J.; Ferrero, M. I.; Figiel, J.; Forrest, M.; Foster, B.; Gach, G.; Galas, A.; Gallo, E.; Garfagnini, A.; Geiser, A.; Gialas, I.; Gladilin, L. K.; Gladkov, D.; Glasman, C.; Gogota, O.; Golubkov, Yu. A.; Goettlicher, P.; Grabowska-Bold, I.; Grebenyuk, J.; Gregor, I.; Grigorescu, G.; Grzelak, G.; Gueta, O.; Gurvich, E.; Guzik, M.; Gwenlan, C.; Haas, T.; Hain, W.; Hamatsu, R.; Hart, J. C.; Hartmann, H.; Hartner, G.; Hilger, E.; Hochman, D.; Hori, R.; Horton, K.; Huettmann, A.; Ibrahim, Z. A.; Iga, Y.; Ingbir, R.; Ishitsuka, M.; Jakob, H. -P.; Januschek, F.; Jones, T. W.; Juengst, M.; Kadenko, I.; Kahle, B.; Kananov, S.; Kanno, T.; Karshon, U.; Karstens, F.; Katkov, I. I.; Kaur, M.; Kaur, P.; Keramidas, A.; Khein, L. A.; Kim, J. Y.; Kisielewska, D.; Kitamura, S.; Klanner, R.; Klein, U.; Kooijman, P.; Korol, Ie.; Korzhavina, I. A.; Kotanski, A.; Kotz, U.; Kowalski, H.; Kuprash, O.; Kuze, M.; Lee, A.; Levchenko, B. B.; Libov, V.; Limentani, S.; Ling, T. Y.; Lisovyi, M.; Lobodzinska, E.; Lohmann, W.; Loehr, B.; Lohrmann, E.; Long, K. R.; Longhin, A.; Lontkovskyi, D.; Lukina, O. Yu.; Maeda, J.; Magill, S.; Makarenko, I.; Malka, J.; Mankel, R.; Margotti, A.; Marini, G.; Mastroberardino, A.; Mattingly, M. C. K.; Melzer-Pellmann, I. -A.; Mergelmeyer, S.; Miglioranzi, S.; Idris, F. Mohamad; Monaco, V.; Montanari, A.; Mujkic, K.; Musgrave, B.; Nagano, K.; Namsoo, T.; Nania, R.; Nigro, A.; Ning, Y.; Nobe, T.; Noor, U.; Notz, D.; Nowak, R. J.; Nuncio-Quiroz, A. E.; Oh, B. Y.; Okazaki, N.; Oliver, K.; Olkiewicz, K.; Onishchuk, Yu.; Papageorgiu, K.; Parenti, A.; Pawlak, J. M.; Pawlik, B.; Pelfer, P. G.; Pellegrino, A.; Perlanski, W.; Perrey, H.; Piotrzkowski, K.; Plucinski, P.; Pokrovskiy, N. S.; Polini, A.; Proskuryakov, A. S.; Przybycien, M.; Raval, A.; Reeder, D. D.; Reisert, B.; Ren, Z.; Repond, J.; Ri, Y. D.; Robertson, A.; Roloff, P.; Rubinsky, I.; Ruspa, M.; Sacchi, R.; Salii, A.; Samson, U.; Sartorelli, G.; Savin, A. A.; Saxon, D. H.; Schioppa, M.; Schlenstedt, S.; Schleper, P.; Schmidke, W. B.; Schneekloth, U.; Schoenberg, V.; Schoerner-Sadenius, T.; Schwartz, J.; Sciulli, F.; Shcheglova, L. M.; Shehzadi, R.; Singh, I.; Skillicorn, I. O.; Slominski, W.; Smith, W. H.; Sola, V.; Solano, A.; Son, D.; Sosnovtsev, V.; Spiridonov, A.; Stadie, H.; Stanco, L.; Stern, A.; Stewart, T. P.; Stifutkin, A.; Stopa, P.; Suchkov, S.; Susinno, G.; Suszycki, L.; Sztuk-Dambietz, J.; Szuba, D.; Szuba, J.; Tapper, A. D.; Tassi, E.; Terron, J.; Theedt, T.; Tiecke, H.; Tokushuku, K.; Tomalak, O.; Tomaszewska, J.; Tsurugai, T.; Turcato, M.; Tymieniecka, T.; Vazquez, M.; Verbytskyi, A.; Viazlo, O.; Vlasov, N. N.; Volynets, O.; Walczak, R.; Abdullah, W. A. T. Wan; Whitmore, J. J.; Wing, M.; Wlasenko, M.; Wolf, G.; Wolfe, H.; Wrona, K.; Yaguees-Molina, A. G.; Yamada, S.; Yamazaki, Y.; Yoshida, R.; Youngman, C.; Zarnecki, A. F.; Zawiejski, L.; Zenaiev, O.; Zeuner, W.; Zhautykov, B. O.; Zhmak, N.; Zichichi, A.; Zolkapli, Z.; Zolko, M.; Zotkin, D. S.

    The exclusive electroproduction of two pions in the mass range 0.4

  15. Integration et exclusion des communautes : La curieuse ...

    African Journals Online (AJOL)

    Journal de la Recherche Scientifique de l'Université de Lomé ... L'objet du présent texte est de faire observer cette curieuse contradiction des logiques sportives qui, de leurs vertus intégratrices originelles, versent des fois dans la discrimination, le clientélisme corrupteur, l'exclusion des acteurs du sport, pis encore, dans la ...

  16. ATLAS results on diffraction and exclusive production

    CERN Document Server

    AUTHOR|(INSPIRE)INSPIRE-00224260; The ATLAS collaboration

    2017-01-01

    Various aspects of forward physics have been studied by the ATLAS collaboration using data from Run I at the LHC. In this text, main results of three published analyses are summarized, based on data from proton-proton collisions at $\\sqrt{s} = 7$ or 8 TeV collected between 2010 and 2012. One analysis deals with diffractive signature with at least two jets in the final state, the other two study exclusive production of a pair of leptons or W bosons.

  17. Barriers to Exclusive Breastfeeding among Urban Mothers

    OpenAIRE

    Lazina Sharmin; MAK Azad Chowdhury; Soofia Khatun; Naser Ahmed

    2016-01-01

    Background: Breastfeeding is the unique source of nutrition and it plays an important role in the growth, development and survival of the infants. The initiation of breastfeeding within one hour and continuation of only breast milk up to six months ensure maximum benefits. The prevalence of exclusive breastfeeding in Bangladesh is 56% which is low. We designed this study to find out the factors influencing the duration of breastfeeding in Bangladeshi population. Objective: To study the fa...

  18. Exclusive ω meson production at COMPASS

    Directory of Open Access Journals (Sweden)

    Nowak Wolf-Dieter

    2016-01-01

    Full Text Available Exclusive ω meson production is studied by the COMPASS Collaboration using the CERN 160 GeV/c muon beam and a transversely polarised proton target. Single-spin and double-spin asymmetries are measured, some of which are sensitive to the Generalised Parton Distributions E that are related to quark orbital angular momenta. The results, which are sensitive also to the pion-pole contribution to the production mechanism, are compared to the predictions of a phenomenological model.

  19. FINANCIAL EXCLUSION OF FARMERS AND RURAL ENTREPRENEURS

    Directory of Open Access Journals (Sweden)

    Ryszard Kata

    2015-06-01

    Full Text Available  Financial exclusion appears to be greater in rural areas than in cities. The article concludes that the problem is connected not only with the people of low incomes but also individuals running their own businesses e.g. farmers and small entrepreneurs. The extent and reasons for fi nancial exclusion among such entities have been identifi ed and accompanied by the analysis of access to banking services – the key to effective management. The source of empirical data relied on survey questionnaires of farmers and small entrepreneurs in the rural areas in the south-eastern region of Poland. It was stated that in case of persons running their own businesses fi nancial exclusions is mainly connected with a limited access to bank credit, yet the reasons for this situation are diverse. Apart from the internal factors associated with businesses (e.g. low and unstable incomes, aversion to risk, lack of confi dence in banks etc., signifi cant determinants lie on the side of banks and the structure of fi nancial system in rural areas.

  20. Robust Visual Tracking via Exclusive Context Modeling

    KAUST Repository

    Zhang, Tianzhu

    2015-02-09

    In this paper, we formulate particle filter-based object tracking as an exclusive sparse learning problem that exploits contextual information. To achieve this goal, we propose the context-aware exclusive sparse tracker (CEST) to model particle appearances as linear combinations of dictionary templates that are updated dynamically. Learning the representation of each particle is formulated as an exclusive sparse representation problem, where the overall dictionary is composed of multiple {group} dictionaries that can contain contextual information. With context, CEST is less prone to tracker drift. Interestingly, we show that the popular L₁ tracker [1] is a special case of our CEST formulation. The proposed learning problem is efficiently solved using an accelerated proximal gradient method that yields a sequence of closed form updates. To make the tracker much faster, we reduce the number of learning problems to be solved by using the dual problem to quickly and systematically rank and prune particles in each frame. We test our CEST tracker on challenging benchmark sequences that involve heavy occlusion, drastic illumination changes, and large pose variations. Experimental results show that CEST consistently outperforms state-of-the-art trackers.

  1. Measurement of exclusive processes with CMS

    CERN Document Server

    Bylinkin, Alexandr

    2017-01-01

    Exclusive vector meson photoproduction is studied in ultra-peripheral pPb collisions at $\\sqrt{s_{NN}} = 5.02$ TeV. The cross sections are measured as a function of the photon-proton centre-of-mass energy, extending the energy range explored by H1 and ZEUS Experiments at HERA. In addition, the differential cross sections ($d\\sigma/dt$), where $t\\approx p^{2}_{T}$ is the squared transverse momentum of produced vector mesons, are measured and the slope parameters are obtained. The results are compared to previous measurements and to theoretical predictions. We also report a measurement of the exclusive or quasi-exclusive $W^{+}W^{-}$ production in pp collisions at $\\sqrt{s} = 8$ TeV ($7$ TeV) using data corresponding to an integrated luminosity of $19.7$ fb$^{-1}$ ($5.5$fb$^{-1}$), respectively. In this study, we look for any deviations that there might be from the Standard Model, and the results are used to set limits on the Anomalous Quartic Gauge Couplings. Finally, the latest performance plots of combined...

  2. Genetic liability to disability pension in women and men: a prospective population-based twin study.

    Directory of Open Access Journals (Sweden)

    Jurgita Narusyte

    Full Text Available BACKGROUND: Previous studies of risk factors for disability pension (DP have mainly focused on psychosocial, or environmental, factors, while the relative importance of genetic effects has been less studied. Sex differences in biological mechanisms have not been investigated at all. METHODS: The study sample included 46,454 Swedish twins, consisting of 23,227 complete twin pairs, born 1928-1958, who were followed during 1993-2008. Data on DP, including diagnoses, were obtained from the National Social Insurance Agency. Within-pair similarity in liability to DP was assessed by calculating intraclass correlations. Genetic and environmental influences on liability to DP were estimated by applying discrete-time frailty modeling. RESULTS: During follow-up, 7,669 individuals were granted DP (18.8% women and 14.1% men. Intraclass correlations were generally higher in MZ pairs than DZ pairs, while DZ same-sexed pairs were more similar than opposite-sexed pairs. The best-fitting model indicated that genetic factors contributed 49% (95% CI: 39-59 to the variance in DP due to mental diagnoses, 35% (95% CI: 29-41 due to musculoskeletal diagnoses, and 27% (95% CI: 20-33 due to all other diagnoses. In both sexes, genetic effects common to all ages explained one-third, whereas age-specific factors almost two-thirds, of the total variance in liability to DP irrespective of diagnosis. Sex differences in liability to DP were indicated, in that partly different sets of genes were found to operate in women and men, even though the magnitude of genetic variance explained was equal for both sexes. CONCLUSIONS: The findings of the study suggest that genetic effects are important for liability to DP due to different diagnoses. Moreover, genetic contributions to liability to DP tend to differ between women and men, even though the overall relative contribution of genetic influences does not differ by sex. Hence, the pathways leading to DP might differ between women and

  3. «…For our happy childhood»: juvenile criminal liability in soviet legislation of 1920–1940

    Directory of Open Access Journals (Sweden)

    Еvgeny F. Krinko

    2010-12-01

    Full Text Available The article is concerned with the dynamics of juvenile criminal liability in Soviet legislation of 1920–1940 and states tightening penalties for young and juvenile offenders under rise in child crime.

  4. Alcoholic beverage server liability and the reduction of alcohol-related problems : evaluation of dram shop laws : summary report

    Science.gov (United States)

    1990-06-01

    The project was an evaluation of the potential for the legal liability of alcoholic beverage servers to stimulate preventative serving practices and thus reduce alcohol-involved traffic problems. Legal analyses of judicial and legislative actions wit...

  5. Alcoholic beverage server liability and the reduction of alcohol-related problems : evaluation of dram shop laws : final report

    Science.gov (United States)

    1990-06-01

    The project was an evaluation of the potential for the legal liability of alcoholic beverage servers to stimulate preventative serving practices and thus reduce alcohol-involved traffic problems. Legal analyses of judicial and legislative actions wit...

  6. "SOMEBODY HELP ME UNDERSTAND THIS": THE SUPREME COURT'S INTERPRETATION OF PROSECUTORIAL IMMUNITY AND LIABILITY UNDER § 1983

    National Research Council Canada - National Science Library

    Kate McClelland

    2012-01-01

      In lieu of a pattern, some case law suggests that municipal liability for failure to train can result from a "single incident,"7 if the need to train was "so obvious"8 that the municipal policymakers...

  7. The law of unintended (financial) consequences: the expansion of HIPAA business associate liability.

    Science.gov (United States)

    Tomes, Jonathan P

    2013-01-01

    The recent Omnibus Rule published by the Department of Health and Human Services greatly expanded liability for breaches of health information privacy and security under the HIPAA statute and regulations. This expansion could have dire financial consequences for the health care industry. The Rule expanded the definition of business associates to include subcontractors of business associates and made covered entities and business associates liable for breaches of the entities who perform a service for them involving the use of individually identifiable health information under the federal common law of agency. Thus, if a covered entity or its "do wnstream" business associate breaches security or privacy, the covered entity or "upstream" business associate may face HIPAA's civil money penalties or a lawsuit. Financial managers need to be aware of these changes both to protect against the greater liability and to plan for the compliance costs inherent in effectively, if not legally, making business associates into covered entities.

  8. Do you understand your risk? Liability and third-party evaluations in civil litigation.

    Science.gov (United States)

    Gold, Liza H; Davidson, John E

    2007-01-01

    Many psychiatrists believe that there is little or no liability associated with conducting examinations at the request of a third party or with providing testimony in civil litigation. Case law has demonstrated otherwise. Psychiatrists conducting independent medical examinations (IMEs) may be vulnerable to tort lawsuits by either the evaluee or the third party who commissions the IME. In addition, breaches of legal or ethical conduct can lead to disciplinary action by state medical boards and professional organizations. Although immunity for certain types of forensic activities is available, such immunity is qualified and may not be applicable to evaluations and related testimony conducted for third parties. Understanding the liability associated with third-party evaluations will assist psychiatrists in minimizing their exposure.

  9. Carrier’s liability under the international conventions for the carriage of goods by sea

    Directory of Open Access Journals (Sweden)

    Anežka GROBARČÍKOVÁ

    2014-09-01

    Full Text Available As is well known, there is no international convention for the carriage of goods in general. Each mode of transport counts on one or several international conventions that specifically regulate the provision of international transport by sea, rail, road or air. Thus, multimodal freight transport are characterised by a patchwork of different legal regimes that represents a huge challenge for the growth of multimodal transport industry. The paper aims to analyse the latest, but still not in force Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam rules that should provide global solution for multimodal carrier liability. Comparison of the carrier’s liability in the former conventions relating to the international carriage of goods by sea and other rules are also discussed.

  10. Financial Institutions, the Environment and Liability of Financing: the Financing Paper for Induction of Conduct Sustainable.

    Directory of Open Access Journals (Sweden)

    Alebe Linhares Mesquita

    2015-12-01

    Full Text Available This study has the scope to analyze as currently happens to liability financing institutions for environmental damage. Justifies the analysis because of the few and restricted references that deign to examine the issue, in addition to the basic need for renewed discussion of the responsibility matrix of institutions that benefit from lending. They also observed the need that all requirements for the issuance of new investments are reviewed in light of a Social Environmental Responsibility Policy. It will be brief comments on the legal framework for environmental liability, designed to promote a better understanding of the principles applicable. In order to give concreteness to the study, analyzes the importance of licensing and other impact assessment tools as part of an internal mitigation system risk of damage and consequent accountability.

  11. Buyer Liability and Voluntary Inspections in International Greenhouse Gas Emissions Trading. A Laboratory Study

    Energy Technology Data Exchange (ETDEWEB)

    Cason, T.N. [Department of Economics, Krannert School of Management, Purdue University, West Lafayette, IN 47907-1310 (United States)

    2003-05-01

    This paper reports a preliminary laboratory experiment in which traders make investments to increase the reliability of tradable instruments that represent greenhouse gas emissions allowances. In one half of the sessions these investments are unobservable, while in the other half traders can invite costless and accurate inspections that make reliability investments public. We implement a buyer liability rule, so that if emissions reductions are unreliable (i.e., sellers default), the buyer of the allowances cannot redeem them to cover emissions. We find that allowing inspections significantly increases the reliability investment rate and overall efficiency. Prices of uninspected allowances usually trade at a substantial discount due to the buyer liability rule, which provides a strong market incentive for sellers to invest in reliability.

  12. Nuclear energy: liability for damage to the environment according to the National Environmental Law

    Energy Technology Data Exchange (ETDEWEB)

    Eiras, Sergio Alves; Couto, Roberto Toscano [Instituto de Engenharia Nuclear (IEN), Rio de Janeiro, RJ (Brazil)

    1995-12-31

    Liability for damage of the environment is the kind of subject which arouses heated debates in the nuclear energy field among the jurists. Brazil lacks a specific environmental law upon which settlement on questions of nuclear damage could be based. In spite of such lackness, considerable progress has been achieved with the obligatory elaboration of the Environmental Impact Assessment (EIA), the constitutional rules establishing competence and responsibilities on this matter, and some scattered laws. The objective of this work is to focus the responsibility of the Union that exercised the monopoly of nuclear activities, its agents and the team of experts which elaborate the EIA as well as the damage to the environment from a nuclear accident. This study is based on the legal definitions of nuclear reactor, radioactive waste and product, radioisotope, among others. It also focuses some proposed amendments of the law regulating both the civil and criminal liabilities for nuclear damage. (author). 7 refs.

  13. Mobile health applications: the patchwork of legal and liability issues suggests strategies to improve oversight.

    Science.gov (United States)

    Yang, Y Tony; Silverman, Ross D

    2014-02-01

    Mobile health (mHealth) technology has facilitated the transition of care beyond the traditional hospital setting to the homes of patients. Yet few studies have evaluated the legal implications of the expansion of mHealth applications, or "apps." Such apps are affected by a patchwork of policies related to medical licensure, privacy and security protection, and malpractice liability. For example, the privacy protections of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 may apply to only some uses of the apps. Similarly, it is not clear what a doctor's malpractice liability would be if he or she injured a patient as the result of inaccurate information supplied by the patient's self-monitoring health app. This article examines the legal issues related to the oversight of health apps, discusses current federal regulations, and suggests strategies to improve the oversight of these apps.

  14. Engaging Law Enforcement in Overdose Reversal Initiatives: Authorization and Liability for Naloxone Administration.

    Science.gov (United States)

    Davis, Corey S; Carr, Derek; Southwell, Jessica K; Beletsky, Leo

    2015-08-01

    Opioid overdose is reversible through the timely administration of naloxone, which has been used by emergency medical services for decades. Law enforcement officers (LEOs) are often the first emergency responders to arrive at an overdose, but they are not typically equipped with naloxone. This is rapidly changing; more than 220 law enforcement agencies in 24 states now carry naloxone. However, rollout in some departments has been hampered by concerns regarding officer and agency liability. We systematically examined the legal risk associated with LEO naloxone administration. LEOs can be authorized to administer naloxone through a variety of mechanisms, and liability risks related to naloxone administration are similar to or lower than those of other activities in which LEOs commonly engage.

  15. The Liability of the Managing Body within the Insolvency Proceedings in Romania: Case-Law Study

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

    Full Text Available The study aims at identifying the new elements that the Insolvency Code in Romania, Law 85 of 2014, brings in what concerns entailing the liability of the managing body as well as that of other persons having contributed to the debtor's state of insolvency, compared to the previous regulation provided by Law 85 of 2006. The identification of these elements is carried out by making reference to the types of deeds that, following taken legal action, can entail liability and the coverage of the debts by the members of the managing body as well as by other persons having contributed to the debtor's state of insolvency. The analysis of the deeds concentrates around two connected centers of interest: The analysis of the deeds such as they are regulated by the two regulations and the case where for certain deeds there need to be identified the elements of repeatability in the two regulations and then the relevant case-law applicable for the respective deed is analyzed. In conclusion, in this way are identified the case-law variations met by the regulations applicable to the respective deed, in the judgments grounded on Law 85 of 2006. These variations represent landmarks for the regulations comprised by the Romanian Insolvency Code – Law 85 of 2014. Following the analyzed legal precedents – a number of 30 case-law judgments issued by courts of appeal being at the highest level of jurisdiction, there are identified in concreto, the type of acts which may entail the liability of the managing body for the insolvency of the enterprise. Through the present study we aim to guide the local administrators, as well as the future foreign investors who engage in foreign direct investments (FDI in Romania with regard to the liability of the managing body in within the insolvency proceedings.

  16. Medico-legal aspects of sleep disorders: sleepiness and civil liability.

    Science.gov (United States)

    Ellis, Elizabeth; Grunstein, Ronald R.

    2001-02-01

    Excessive sleepiness is associated with motor vehicle accidents and is responsible for enormous social and financial loss. The specific legal obligations for an individual with a sleep disorder, their employer and those health care practitioners associated with that individual are reviewed. Although there are related implications within the criminal law and in particular criminal negligence, the arguments developed in this paper will be largely confined to the context of the civil liability. The legal concepts of foreseeability and proximity are discussed in the context of sleep-related accidents. The reasoning of a recent Australian High Court judgement is discussed in view of the differences in legal and medical opinion on the extent of foreseeability of accidents as a result of sleepiness. Many countries have legislation designed to protect employees from injury at work and to protect the general public from injury. What is not clear is the extent to which an employer will be required to accept liability for an employee's sleepiness and the duty to monitor the health of their employees. Factors which influence this liability include: the extent to which the implications of the condition is known and understood generally; the extent to which the condition is suspected or identified in an individual employee; the extent of a proper screening and treatment program and the way in which risk management programs have been implemented. Although the issue of sleepiness and civil liability is examined from an Australian legal context, the principles have direct relevance to other legal systems. The authors highlight the degree of uncertainty provided by the common law and statutory provisions, and that decisions rest on the balance of public interests, which mean that many of the current dilemmas facing practitioners may only be solved in the courts.

  17. Buyer Liability and Voluntary Inspections in International Greenhouse Gas Emissions Trading: A Laboratory Study

    OpenAIRE

    Cason, Timothy N.

    2000-01-01

    This paper reports a preliminary laboratory experiment in which traders make investments to increase the reliability of tradable instruments that represent greenhouse gas emissions allowances. In one half of the sessions these investments are unobservable, while in the other half traders can invite costless and accurate inspections that make reliability investments public. We implement a buyer liability rule, so that if emissions reductions are unreliable (i.e., sellers default), the buyer of...

  18. Quasi and real toughening of criminal liability for mediation of bribery

    Directory of Open Access Journals (Sweden)

    Evgeniya V. Rogova

    2015-12-01

    Full Text Available Objective to identify the disputable issues of criminallegal regulation and problems of criminal law norms application establishing liability for mediation in bribery. Basing on the analysis to propose ways to resolve some of them. Methods for the accuracy and completeness general and special methods of scientific cognition were applied. The general methods include historicallegal logicallegal comparative legal methods systemic analysis and synthesis. Special methods are study of documents and content analysis expert evaluation method. Results the authors came to a conclusion about the need to reform the law concerning the criminal liability for mediation in bribery. One of the solutions to the problem is to change the disposition of Article 291.1 of the Criminal Code. However a comprehensive analysis of the problems of application of this regulation and the norms of the General part of the Criminal Code indicates that there is no need to legislatively confirm the criminal liability for mediation in bribery. Scientific novelty the complex analysis of problems of the application of Article 291.1 of the RF Criminal Code has been made which serves as the basis to justify the inconsistency of this provision of the criminal law a proposal is made to make amendments in the norms of the General part of the Criminal Code of the Russian Federation relating to the concept of accomplice of the crime. Practical significance the results can be used in the reforming of criminal legislation of the Russian Federation and also at the further research of problems of differentiation of liability for bribery.

  19. Commercial low-level radioactive waste transportation liability and radiological risk

    Energy Technology Data Exchange (ETDEWEB)

    Quinn, G.J.; Brown, O.F. II; Garcia, R.S.

    1992-08-01

    This report was prepared for States, compact regions, and other interested parties to address two subjects related to transporting low-level radioactive waste to disposal facilities. One is the potential liabilities associated with low-level radioactive waste transportation from the perspective of States as hosts to low-level radioactive waste disposal facilities. The other is the radiological risks of low-level radioactive waste transportation for drivers, the public, and disposal facility workers.

  20. Assessment of the Abuse Liability of Synthetic Cannabinoid Agonists JWH-030, JWH-175, and JWH-176.

    Science.gov (United States)

    Tampus, Reinholdgher; Yoon, Seong Shoon; de la Peña, June Bryan; Botanas, Chrislean Jun; Kim, Hee Jin; Seo, Joung-Wook; Jeong, Eun Ju; Jang, Choon Gon; Cheong, Jae Hoon

    2015-11-01

    The emergence and use of synthetic cannabinoids have greatly increased in recent years. These substances are easily dispensed over the internet and on the streets. Some synthetic cannabinoids were shown to have abuse liability and were subsequently regulated by authorities. However, there are compounds that are still not regulated probably due to the lack of abuse liability studies. In the present study, we assessed the abuse liability of three synthetic cannabinoids, namely JWH-030, JWH-175, and JWH-176. The abuse liability of these drugs was evaluated in two of the most widely used animal models for assessing the abuse potential of drugs, the conditioned place preference (CPP) and self-administration (SA) test. In addition, the open-field test was utilized to assess the effects of repeated (7 days) treatment and abrupt cessation of these drugs on the psychomotor activity of animals. Results showed that JWH-175 (0.5 mg/kg), but not JWH-030 or JWH-176 at any dose, significantly decreased the locomotor activity of mice. This alteration in locomotor activity was only evident during acute exposure to the drug and was not observed during repeated treatment and abstinence. Similarly, only JWH-175 (0.1 mg/kg) produced significant CPP in rats. On the other hand, none of the drugs tested was self-administered by rats. Taken together, the present results indicate that JWH-175, but not JWH-030 and JWH-176, may have abuse potential. More importantly, our findings indicate the complex psychopharmacological effects of synthetic cannabinoids and the need to closely monitor the production, dispensation, and use of these substances.

  1. Products Liability When Consumers Vary in Their Susceptibility to Harm and May Misperceive Risk

    OpenAIRE

    Thomas J. Miceli; Kathleen Segerson; Suo Wang

    2013-01-01

    This paper examines products liability when consumers have private information about their susceptibilities to product-related harm. In this case, it is efficient for consumers to self-select in their purchases, with those especially prone to harm refraining from purchase. Achieving this outcome requires consumers to bear their own harm, given that producers cannot observe consumer types. When consumers also misperceive risk, the problem becomes more complicated because accurate signaling of ...

  2. Environmental Pollution Liability Insurance in China: In Need of Strong Government Backing

    OpenAIRE

    Feng, Yan; Arthur P.J. Mol; Lu, Yonglong; He, Guizhen; van Koppen, C.S.A.

    2013-01-01

    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies have entered the pollution insurance market with their own products and contracts. Companies in environmentally sensitive sectors and high-risk industries bought pollution insurance, and a few success...

  3. Gender & High Frequency vs. Low Frequency tasks in a context of Joint-Liability Incentives.

    OpenAIRE

    Marianne Bernatzky; José María Cabrera; Alejandro Cid

    2014-01-01

    We study the impact of high and low frequency incentives in a joint-liability framework on six academic outcomes of undergraduate students using a randomized field experiment. As recently documented in health literature, incentives to exercise are effective in developing healthy habits. Therefore, we design groups of three students and provide a premium to the homework’s grade if all the members of the group (three) meet some requirements. We investigate how the frequency of these take home t...

  4. Hereditary neuropathy with liability to pressure palsies: the first publication (1947).

    Science.gov (United States)

    Koehler, Peter J

    2003-04-08

    The first report of hereditary neuropathy with liability to pressure palsies (HNPP) was published in Dutch in 1947. The present paper makes it accessible in the English language. de Jong described two families, but only the cases from the first family may be considered to have had HNPP. Five persons from three generations had recurring peripheral neuropathies. de Jong hypothesized a hereditary disposition for the occurrence of neuropathies, but suggested a relationship with low vitamin B(1) levels.

  5. Liability for damage in case of occupational injuries and occupational diseases

    OpenAIRE

    Nguyenová, Lucie

    2017-01-01

    The intention of my thesis is to analyse legal provisions concerning occupational injuries and occupational diseases, comment amendments in this area of labour law and indicate meaning and content of above mentioned legal provisions in connection with court decisions and practical facts. The entire text is structured into chapters relating to particular topics connected with occupational injuries and diseases. At first the thesis introduces concept of liability with specifics that influence a...

  6. Association of Liability Concerns with Decisions to Order Echocardiography and Cardiac Stress Tests with Imaging.

    Science.gov (United States)

    Kini, Vinay; Weiner, Rory B; McCarthy, Fenton H; Wiegers, Susan E; Kirkpatrick, James N

    2016-12-01

    Professional societies have made efforts to curb overuse of cardiac imaging and decrease practice variation by publishing appropriate use criteria. However, little is known about the impact of physician-level determinants such as liability concerns and risk aversion on decisions to order testing. A web-based survey was administered to cardiologists and general practice physicians affiliated with two academic institutions. The survey consisted of four clinical scenarios in which appropriate use criteria rated echocardiography or stress testing as "may be appropriate." Respondents' degree of liability concerns and risk aversion were measured using validated tools. The primary outcome variable was tendency to order imaging, calculated as the average likelihood to order an imaging test across the clinical scenarios (1 = very unlikely, 6 = very likely). Linear regression models were used to evaluate the association between tendency to order imaging and physician characteristics. From 420 physicians invited to participate, 108 complete responses were obtained (26% response rate, 54% cardiologists). There was no difference in tendency to order imaging between cardiologists and general practice physicians (3.46 [95% CI, 3.12-3.81] vs 3.15 [95% CI, 2.79-3.51], P = .22). On multivariate analysis, a higher degree of liability concerns was the only significant predictor of decisions to order imaging (mean difference in tendency to order imaging, 0.36; 95% CI, 0.09-0.62; P = .01). In clinical situations in which performance of cardiac imaging is rated as "may be appropriate" by appropriate use criteria, physicians with higher liability concerns ordered significantly more testing than physicians with lower concerns. Copyright © 2016 American Society of Echocardiography. Published by Elsevier Inc. All rights reserved.

  7. Effects of cold pressor pain on the abuse liability of intranasal oxycodone in male and female prescription opioid abusers

    Science.gov (United States)

    Lofwall, Michelle R.; Nuzzo, Paul A.; Walsh, Sharon L.

    2012-01-01

    Background Approximately 1.9 million persons in the U.S. have prescription opioid use disorders often with concomitant bodily pain, but systematic data on the impact of pain on abuse liability of opioids is lacking. The purpose of this study was to determine whether pain alters the intranasal abuse liability of oxycodone, a commonly prescribed and abused analgesic, in males and females. Methods Sporadic prescription opioid abusers (10 females, 10 males) participated in this mixed (between and within-subject), randomized inpatient study. Experimental sessions (n=6) tested intranasal placebo, oxycodone 15 or 30 mg/70 kg during cold pressor testing (CPT) and a warm water control. Observer- and subject-rated drug effect measures, analgesia, physiologic and cognitive effects were assessed. Results The CPT significantly increased blood pressure, heart rate, pain, stress, and “opiate desire” compared to the no-pain control but did not alter opioid liking, high or street value. Intranasal oxycodone produced effects within 10 minutes, significantly decreasing pain and significantly increasing subjective measures of abuse liability (e.g., high). Females had higher ratings of street value, high, and liking for one or both active doses. Conclusions The CPT was a reliably painful and stressful stimulus that did not diminish the abuse liability of intranasal Oxycodone®. Females were more sensitive to oxycodone on several abuse liability measures that warrant further follow-up. Snorting oxycodone rapidly produced psychoactive effects indicative of substantial abuse liability. PMID:22209386

  8. Social exclusion, health and hidden homelessness.

    Science.gov (United States)

    Watson, J; Crawley, J; Kane, D

    2016-10-01

    Homelessness and poverty are extreme forms of social exclusion which extend beyond the lack of physical or material needs. The purpose of this study was to explore and expand the concept of social exclusion within the social determinants of health perspective - to understand how the social environment, health behaviours and health status are associated with material and social deprivation. Fundamental qualitative description with tones of focused ethnography. Participants who identified as hidden homeless described their everyday living conditions and how these everyday conditions were impacted and influenced by their social environments, coping/health behaviours and current health status. Research Ethics Board approval was granted and informed consents were obtained from 21 participants prior to the completion of individual interviews. Qualitative content analysis examined the descriptions of men and women experiencing hidden homelessness. Participants described the 'lack of quality social interactions and supports' and their 'daily struggles of street life'. They also shared the 'pain of addiction' and how coping strategies influenced health. Participants were hopeful that their insights would 'better the health of homeless people' by helping shape public policy and funding of community resources that would reduce barriers and improve overall health. Health professionals who understand health behaviours as coping mechanisms for poor quality social environments can provide more comprehensive and holistic care. The findings of this study can be used to support the importance of housing as a key factor in the health and well-being of people experiencing poverty, homelessness and social exclusion; and consequently, reinforces the need for a national housing strategy. Copyright © 2016 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  9. Oral cannabidiol does not produce a signal for abuse liability in frequent marijuana smokers.

    Science.gov (United States)

    Babalonis, Shanna; Haney, Margaret; Malcolm, Robert J; Lofwall, Michelle R; Votaw, Victoria R; Sparenborg, Steven; Walsh, Sharon L

    2017-03-01

    Cannabidiol (CBD) is a naturally occurring constituent of the marijuana plant. In the past few years, there has been great interest in the therapeutic effects of isolated CBD and it is currently being explored for numerous disease conditions (e.g., pain, epilepsy, cancer, various drug dependencies). However, CBD remains a Schedule I drug on the U.S. Controlled Substances Act (CSA). Despite its status, there are no well-controlled data available regarding its abuse liability. Healthy, frequent marijuana users (n=31) were enrolled in this within subject, randomized, placebo-controlled, double-blind, multisite study that administered oral cannabidiol (0, 200, 400, 800mg) alone and in combination with smoked marijuana (0.01%, 5.3-5.8% THC). Participants received one dose combination across 8 once-weekly outpatient sessions (7.5h). The primary findings on the drug interaction effects were previously reported (Haney et al., 2016). The present study is a secondary analysis of the data to examine the abuse liability profile of oral cannabidiol (200, 400, 800mg) in comparison to oral placebo and active smoked marijuana (5.3-5.8% THC). Active marijuana reliably produced abuse-related subjective effects (e.g., high) (p0.05). Overall, CBD did not display any signals of abuse liability at the doses tested and these data may help inform U.S. regulatory decisions regarding CBD schedule on the CSA. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

  10. Oral cannabidiol does not produce a signal for abuse liability in frequent marijuana smokers

    Science.gov (United States)

    Babalonis, Shanna; Haney, Margaret; Malcolm, Robert J.; Lofwall, Michelle R.; Votaw, Victoria R.; Sparenborg, Steven; Walsh, Sharon L.

    2017-01-01

    Background Cannabidiol (CBD) is a naturally occurring constituent of the marijuana plant. In the past few years, there has been great interest in the therapeutic effects of isolated CBD and it is currently being explored for numerous disease conditions (e.g., pain, epilepsy, cancer, various drug dependencies). However, CBD remains a Schedule I drug on the U.S. Controlled Substances Act (CSA). Despite its status, there are no well-controlled data available regarding its abuse liability. Methods Healthy, frequent marijuana users (n=31) were enrolled in this within subject, randomized, placebo-controlled, double-blind, multisite study that administered oral cannabidiol (0, 200, 400, 800 mg) alone and in combination with smoked marijuana (0.01%, 5.3-5.8% THC). Participants received one dose combination across 8 once-weekly outpatient sessions (7.5 hrs). The primary findings on the drug interaction effects were previously reported (Haney et al., 2016). The present study is a secondary analysis of the data to examine the abuse liability profile of oral cannabidiol (200, 400, 800 mg) in comparison to oral placebo and active smoked marijuana (5.3-5.8% THC). Results Active marijuana reliably produced abuse-related subjective effects (e.g., high) (p.05). Conclusions Overall, CBD did not display any signals of abuse liability at the doses tested and these data may help inform U.S. regulatory decisions regarding CBD schedule on the CSA. PMID:28088032

  11. [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.

  12. "The liability of newness" revisited: Theoretical restatement and empirical testing in emergent organizations.

    Science.gov (United States)

    Yang, Tiantian; Aldrich, Howard E

    2017-03-01

    The mismatch between Stinchcombe's original propositions regarding "the liability of newness" and subsequent attempts to test those propositions suggests to us that the form and causes of the liability remain open to further investigation. Taking organizational emergence as a process comprising entrepreneurs engaging in actions that produce outcomes, we propose hypotheses about the social mechanisms of organizational construction involved in investing resources, developing routines, and maintaining boundaries. Distinguishing between initial founding conditions versus subsequent activities, our results not only confirm the liability of newness hypothesis, but also reveal a much higher risk of failure in organizations' early lifetime than rates found in previous research. Moreover, our results highlight the importance of entrepreneurs' continuing effort after their initial organizing attempts. Whereas only a few initial founding conditions lower the risk of failure, subsequent entrepreneurial activities play a major role in keeping the venture alive. Entrepreneurs contribute to whether a venture survives through raising more resources, enacting routines, and gaining increased public recognition of organizational boundaries. After controlling for financial performance, our results still hold. Based on our analysis, we offer suggestions for theory and research on organizations and entrepreneurship. Copyright © 2016 Elsevier Inc. All rights reserved.

  13. Abuse liability of novel 'legal high' designer stimulants: evidence from animal models.

    Science.gov (United States)

    Watterson, Lucas R; Watterson, Elizabeth; Olive, Michael Foster

    2013-09-01

    In the last few years, the variety and recreational use of 'legal high' designer stimulants has increased to unprecedented levels. Since their rapid emergence in drug markets, numerous adverse physical and psychological effects have been extensively reported. However, less is understood about the potential for compulsive use of and addiction to these drugs. Recently, a small collection of scientific studies assessing the abuse liability of these drugs has emerged. This new knowledge has been derived primarily from animal studies using behaviorally based procedures which include intravenous self-administration, conditioned place preference, intracranial self-stimulation, and drug discrimination. In this review we present a brief history of the recent rise in designer stimulant use followed by a short methodological description of the aforementioned procedures. We then review neurochemical and abuse liability studies on designer stimulants that have been examined to date. Finally, we conclude with a discussion of these collective findings, our current understanding of the abuse liability of these drugs in relation to each other and the illicit drugs they are designed to mimic, and recommend future research directions.

  14. Chronic Inflammatory Demyelinating Polyneuropathy Manifesting as Neuropathy With Liability to Pressure Palsies: A Case Report.

    Science.gov (United States)

    Shah, Akshay; Rison, Richard A; Beydoun, Said R

    2015-12-01

    Chronic inflammatory demyelinating polyneuropathy (CIDP) is a progressive demyelinating neuropathy, which typically presents with proximal and distal neuropathic symptoms and is typically responsive to immunomodulatory therapies. Many variants have been subsequently described in the literature and have similarly shown to be responsive to immunotherapy. We present a case of a 43-year-old Middle Eastern/Arabic man presenting with symptoms of mixed sensorimotor neuropathy most evident at entrapment sites mimicking hereditary neuropathy with liability to pressure palsies. His electrodiagnostic study revealed features of acquired demyelinating neuropathy and a negative genetic workup. Alternative diagnosis of CIDP was considered in the context of symptomatic disease progression, negative genetic workup, and electrodiagnosis leading to initiation of immunotherapy with intravenous immunoglobulins. His neuropathy responded confirming our diagnosis of an inflammatory demyelinating polyneuropathy. We describe a previously unknown variant of CIDP with phenotypic characteristics of hereditary neuropathy with liability to pressure palsies and its potential for successful treatment with intravenous immunoglobulins. This case illustrates an unusual presentation of CIDP mimicking hereditary neuropathy with liability to pressure palsies.

  15. Familial liability to schizophrenia and mood disorders and cognitive impairment in psychosis.

    Science.gov (United States)

    Cuesta, Manuel J; Zarzuela, Amalia; Sánchez-Torres, Ana M; Lorente-Omeñaca, Ruth; Moreno-Izco, Lucía; Sanjuán, Julio; Peralta, Victor

    2015-06-30

    Schizophrenia and other psychoses are complex disorders with high rates of cognitive impairment and a considerable degree of genetic and environmental influence on its etiology. Whether cognitive impairment is related to dimensional scores of familial liability is still matter of debate. We conducted a cross-sectional study including 169 patients with psychotic disorders and 26 healthy controls. Attention, memory and executive functions were assessed, and familial loading scores for schizophrenia and mood disorders were calculated. The relationships between familial liability and neuropsychological performance were examined with Spearman׳s correlation coefficients. In addition, patients were classified into three groups by family loading tertiles, and comparisons were performed between the patients in the top and bottom tertiles. Low familial loading scores for schizophrenia showed a significant association with poor executive functioning and delayed visual memory. And these results were also achieved when the subset of psychotic patients in the two extreme tertiles of family loadings of schizophrenia and mood disorders were compared. Low familial liability to schizophrenia seems to be a contributing factor for the severity of cognitive impairment in patients with a broad putative schizophrenia spectrum diagnosis. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  16. THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

    Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

  17. Conference on abuse liability and appeal of tobacco products: conclusions and recommendations.

    Science.gov (United States)

    Henningfield, Jack E; Hatsukami, Dorothy K; Zeller, Mitch; Peters, Ellen

    2011-07-01

    The rate of initiation and progression to dependence and premature mortality are higher for tobacco products than for any other dependence producing substance. This is not explained simply by the addictiveness ("abuse liability") or by enticing product designs ("product appeal") alone, but rather by both of these factors in combination with marketing and social influences that also influence "product appeal". A working meeting of leading experts in abuse liability (AL) and product appeal was convened to examine how these disciplines could be more effectively applied to the evaluation of tobacco products for the purposes of regulation that would include setting standards for designs and contents intended to reduce the risk of initiation and dependence. It was concluded that abuse liability assessment (ALA) is a validated approach to testing pharmaceutical products but has not been extensively applied to tobacco products: such application has demonstrated feasibility, but special challenges include the diverse range of products, product complexity, and the absence of satisfactory placebo products. Consumer testing for product appeal is widely used by consumer product marketers as well as by researchers in their efforts to understand consumer product preferences and use but has not been extensively applied to tobacco products except by the tobacco industry. Recommendations for testing, methods development, and research were developed. A major recommendation was that tobacco products should be tested for AL and product appeal, and the results integrated and evaluated so as to more accurately predict risk of initiation, dependence, and persistence of use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  18. Globalisation, environmental harm, and progress: the role of consensus and liability.

    Science.gov (United States)

    Zandvoort, H

    2005-01-01

    Two conditions are stated that must be fulfilled to make sure that the negative effects of environmental pollution and risks stemming from the spread of free markets and technology do not outweigh the beneficial effects of this development. (1) For all activities, all those who may experience the negative effects of the activities must have given their consent to the activities and the conditions under which they are performed. (2) Those who engage in activities without this consent must be held to unlimited and unconditional liability for the negative effects that the activities may cause for those who did not give their consent. These conditions are necessary principles for the responsible management of environmental harm and risks. If the conditions are not satisfied, then the belief that the global spread of free markets and technology is beneficial for all, or does not harm anyone, cannot be justified. Neither of the conditions is fulfilled at present. This is illustrated using examples drawn from international legislation regarding liability for oil transportation, energy production, genetically modified organisms and chemicals in the environment. Directions for improving existing liability legislation are identified. The relationship between the conditions and the precautionary principle is explained.

  19. Abuse, exclusion and intolerance to being female

    Directory of Open Access Journals (Sweden)

    Elisa Bertha Velázquez Rodríguez

    2012-08-01

    Full Text Available The problem of abuse, exclusion and intolerance to women is a consequence of practices of domination pervasive in contemporary societies. This problem is manifested in the systematic harassment to women's bodies, to her thoughts and personal lifestyles, which constrains her personal dignity and violates her basic human rights. The approach to this analysis is based on the documentary method and is part of an investigation of health and gender issues in the collegiate body Gender and Sustainable Development in the Autonomous University of Mexico State.

  20. Death to perturbative QCD in exclusive processes?

    Energy Technology Data Exchange (ETDEWEB)

    Eckardt, R.; Hansper, J.; Gari, M.F. [Institut fuer Theoretische Physik, Bochum (Germany)

    1994-04-01

    The authors discuss the question of whether perturbative QCD is applicable in calculations of exclusive processes at available momentum transfers. They show that the currently used method of determining hadronic quark distribution amplitudes from QCD sum rules yields wave functions which are completely undetermined because the polynomial expansion diverges. Because of the indeterminacy of the wave functions no statement can be made at present as to whether perturbative QCD is valid. The authors emphasize the necessity of a rigorous discussion of the subject and the importance of experimental data in the range of interest.

  1. Power corrections to exclusive processes in QCD

    Energy Technology Data Exchange (ETDEWEB)

    Mankiewicz, Lech

    2002-02-01

    In practice applicability of twist expansion crucially depends on the magnitude to power corrections to the leading-twist amplitude. I illustrate this point by considering explicit examples of two hard exclusive processes in QCD. In the case of {gamma}{sup *}{gamma} {yields} {pi}{pi} amplitude power corrections are small enough such that it should be possible to describe current experimental data by the leading-twist QCD prediction. The photon helicity-flip amplitude in DVCS on a nucleon receives large kinematical power corrections which screen the leading-twist prediction up to large values of the hard photon virtuality.

  2. Nonlinear Cross-Diffusion with Size Exclusion

    KAUST Repository

    Burger, Martin

    2010-01-01

    The aim of this paper is to investigate the mathematical properties of a continuum model for diffusion of multiple species incorporating size exclusion effects. The system for two species leads to nonlinear cross-diffusion terms with double degeneracy, which creates significant novel challenges in the analysis of the system. We prove global existence of weak solutions and well-posedness of strong solutions close to equilibrium. We further study some asymptotics of the model, and in particular we characterize the large-time behavior of solutions. 2010 © Society for Industrial and Applied Mathematics.

  3. Exclusive photoproduction of {upsilon} mesons at HERA

    Energy Technology Data Exchange (ETDEWEB)

    Chekanov, S.; Derrick, M.; Magill, S. [Argonne National Laboratory, Argonne, IL (US)] (and others)

    2009-03-15

    The exclusive photoproduction reaction {gamma} p {yields} {upsilon} p has been studied with the ZEUS experiment in ep collisions at HERA using an integrated luminosity of 468 pb{sup -1}. The measurement covers the kinematic range 60

  4. Softening the Blow of Social Exclusion: The Responsive Theory of Social Exclusion.

    Science.gov (United States)

    Freedman, Gili; Williams, Kipling D; Beer, Jennifer S

    2016-01-01

    Social exclusion is an interactive process between multiple people, yet previous research has focused almost solely on the negative impacts on targets. What advice is there for people on the other side (i.e., sources) who want to minimize its negative impact and preserve their own reputation? To provide an impetus for research on the interactive nature of exclusion, we propose the Responsive Theory of Social Exclusion. Our theory postulates that targets and sources' needs are better maintained if sources use clear, explicit verbal communication. We propose that sources have three options: explicit rejection (clearly stating no), ostracism (ignoring), and ambiguous rejection (being unclear). Drawing on psychology, sociology, communications, and business research, we propose that when sources use explicit rejection, targets' feelings will be less hurt, their needs will be better protected, and sources will experience less backlash and emotional toil than if sources use ambiguous rejection or ostracism. Finally, we propose how the language of rejections may impact both parties.

  5. Social Exclusion and Career Development: A United Kingdom Perspective

    Science.gov (United States)

    Watts, A. G.

    2010-01-01

    Social exclusion can be defined in different ways, but a prominent definition--in relation to young people in particular--is exclusion from formal learning and paid employment. This ignores the role of informal learning and the informal economies. In England, career guidance services were remodelled to deal with the issue of social exclusion by…

  6. Determinants of Adherence to the Exclusive Breastfeeding Option ...

    African Journals Online (AJOL)

    Background: Exclusive breastfeeding practice in high prevalence settings remains a challenge because of likelihood of HIV transmission through breast milk. Understanding determinants influencing adherence to exclusive breastfeeding in Zambia is also a challenge. We investigated determinants of adherence to exclusive ...

  7. Social exclusion and social security: the case of Zimbabwe | Kaseke ...

    African Journals Online (AJOL)

    The paper examines the problem of social exclusion in the provision of social security in Zimbabwe. After sketching a historical perspective of the problem of social exclusion in Zimbabwe, it is argued that social exclusion emanates largely from the orientation of social security which places emphasis on protecting persons ...

  8. Social Judgments and Emotion Attributions about Exclusion in Switzerland

    Science.gov (United States)

    Malti, Tina; Killen, Melanie; Gasser, Luciano

    2012-01-01

    Adolescents' social judgments and emotion attributions about exclusion in three contexts, nationality, gender, and personality, were measured in a sample of 12- and 15-year-old Swiss and non-Swiss adolescents (N = 247). Overall, adolescents judged exclusion based on nationality as less acceptable than exclusion based on gender or personality.…

  9. 20 CFR 416.1230 - Exclusion of life insurance.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Exclusion of life insurance. 416.1230 Section..., BLIND, AND DISABLED Resources and Exclusions § 416.1230 Exclusion of life insurance. (a) General. In determining the resources of an individual (and spouse, if any), life insurance owned by the individual (and...

  10. 20 CFR 416.1218 - Exclusion of the automobile.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Exclusion of the automobile. 416.1218 Section 416.1218 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Resources and Exclusions § 416.1218 Exclusion of the automobile. (a) Automobile...

  11. 20 CFR 416.1234 - Exclusion of Indian lands.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Exclusion of Indian lands. 416.1234 Section 416.1234 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Resources and Exclusions § 416.1234 Exclusion of Indian lands. In determining the...

  12. 20 CFR 416.1238 - Exclusion of certain housing assistance.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Exclusion of certain housing assistance. 416.1238 Section 416.1238 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Resources and Exclusions § 416.1238 Exclusion of certain housing...

  13. 20 CFR 416.1212 - Exclusion of the home.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Exclusion of the home. 416.1212 Section 416.1212 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Resources and Exclusions § 416.1212 Exclusion of the home. (a) Defined. A home is...

  14. 46 CFR 16.109 - Public Interest Exclusion (PIE).

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Public Interest Exclusion (PIE). 16.109 Section 16.109... General § 16.109 Public Interest Exclusion (PIE). Service agents are subject to Public Interest Exclusion (PIE) actions in accordance with 49 CFR Part 40, subpart R. The PIE is an action which excludes from...

  15. 33 CFR 2.30 - Exclusive Economic Zone.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Exclusive Economic Zone. 2.30... JURISDICTION Jurisdictional Terms § 2.30 Exclusive Economic Zone. (a) With respect to the United States... States exercises sovereignty, exclusive economic zone means the zone seaward of and adjacent to the...

  16. Attitude of Nursing Mothers In Edo State Towards Exclusive | Alutu ...

    African Journals Online (AJOL)

    The result revealed that the literate nursing mothers were more positively disposed to exclusive breast-feeding than the illiterate. Secondly, practice of exclusive breast-feeding adversely affected by the nursing mothers\\' nature of work. The nurses and teachers were more favourably disposed to exclusive breast-feeding ...

  17. Dynamical analysis of the exclusive queueing process.

    Science.gov (United States)

    Arita, Chikashi; Schadschneider, Andreas

    2011-05-01

    Recently, the stationary state of a parallel-update totally asymmetric simple exclusion process with varying system length, which can be regarded as a queueing process with excluded-volume effect (exclusive queueing process), was obtained [C Arita and D Yanagisawa, J. Stat. Phys. 141, 829 (2010)]. In this paper, we analyze the dynamical properties of the number of particles [N(t)] and the position of the last particle (the system length) [L(t)], using an analytical method (generating function technique) as well as a phenomenological description based on domain-wall dynamics and Monte Carlo simulations. The system exhibits two phases corresponding to linear convergence or divergence of [N(t)] and [L(t)]. These phases can both further be subdivided into high-density and maximal-current subphases. The predictions of the domain-wall theory are found to be in very good agreement quantitively with results from Monte Carlo simulations in the convergent phase. On the other hand, in the divergent phase, only the prediction for [N(t)] agrees with simulations.

  18. Recent diffractive and exclusive results from CMS

    CERN Document Server

    Bylinkin, Alexandr

    2017-01-01

    A measurement of the exclusive and semi-exclusive production of charged pion pairs in proton-proton collisions, $pp\\rightarrow p(p^{*})+ \\pi^{+}\\pi^{-}+ p (p^{*})$, where the $ \\pi^+\\pi^-$ pair is emitted at central rapidities,and the scattered protons stay intact (p) or diffractively dissociate ($p^*$) without detection is presented in these proceedings.The measurement is performed with the CMS detector at the LHC, using a data sample corresponding to an integrated luminosity of 450$\\mu b^{-1}$ collected at a center-of-mass energy of 7 TeV. The dipion cross section, measured for single-pion transverse momentum $p_T > 0.2$ GeV and rapidity $\\mid y\\mid < 2$, is $26.5\\pm0.3(stat.)\\pm5.0(syst.)\\pm1.1\\mu b$. The differential cross sections measured as a function of the invariant mass and $p_T$ of the pion pair are compared to phenomenological predictions.

  19. Hoarding symptoms are not exclusive to hoarders

    Directory of Open Access Journals (Sweden)

    Caterina Novara

    2016-11-01

    Full Text Available Hoarding Disorder (HD was originally conceptualized as a subcategory of Obsessive Compulsive Disorder (OCD, and numerous studies have in fact focused exclusively on investigating the comorbidity between OCD and HD. Hoarding behavior can nevertheless also be found in other clinical populations and in particular in patients with eating disorders (ED, anxiety disorders (AD, major depression (MD, and psychotic disorders (PD. The current study was carried out with the aim of investigating, using a validated instrument such as the Saving Inventory-Revised (SI-R, the presence of HD symptoms in patients diagnosed with ED, AD, MD and PD. Hoarding symptomatology was also assessed in groups of self-identified hoarders (SIH and healthy controls. The results revealed that 22.5% of the ED patients exceeded the cut-off for the diagnosis of HD, followed by 7.7% of the patients with MD, 7.4% of the patients with AD, and 5.9% of the patients with PD. The patients with ED had significantly higher SI-R scores than the other groups in the Acquisition and Difficulty Discarding scales while the AD, MD, and PD patients were characterized exclusively by Difficulty Discarding. These data suggest to clinicians that hoarding symptoms should be assessed in other types of patients and especially in those affected by Bulimia and Binge eating.

  20. Induced seismicity and the potential for liability under U.S. law

    Science.gov (United States)

    Cypser, Darlene A.; Davis, Scott D.

    1998-04-01

    Research by seismologists over the past 30+ years has firmly established that some human activities induce seismicity. Sometimes induced seismicity causes injuries to people or property. The activities which induce seismicity generally involve extraction of energy, or natural resources, or the disposal of wastes. As the human population increases these extraction and disposal activities will increase in number of sites and intensity of effort as the demands become greater and the resources scarcer. With these increases the number and severity of damaging induced earthquakes is likely to increase. Induced seismicity may cause injuries by vibrations or by seismically induced ground failure. In either case compensation for injuries caused by induced seismicity should be paid for by the inducer. In the United States the inducer of damaging seismicity can be made to pay for the harm caused. Liability for damage caused by vibrations can be based on several legal theories: trespass, strict liability, negligence and nuisance. Our research revealed no cases in which an appellate court has upheld or rejected the application of tort liability to an induced earthquake situation. However, there are numerous analogous cases that support the application of these legal theories to induced seismicity. Vibrations or concussions due to blasting or heavy machinery are sometimes viewed as a `trespass' analogous to a physical invasion. In some states activities which induce earthquakes might be considered `abnormally dangerous' activities that require companies engaged in them to pay for injuries the quakes cause regardless of how careful the inducers were. In some circumstances, a court may find that an inducer was negligent in its site selection or in maintenance of the project. If induced seismicity interferes with the use or enjoyment of another's land, then the inducing activity may be a legal nuisance, even if the seismicity causes little physical damage. In most states of the