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Sample records for nuclear liability conctracts

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

    Directory of Open Access Journals (Sweden)

    Laura Rimšaitė

    2013-06-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Kissich, S.

    2004-07-01

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

  3. 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).

  4. International law on nuclear liability - a critical approach

    Energy Technology Data Exchange (ETDEWEB)

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

    1995-12-31

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

  5. 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. 

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1993-12-31

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

  7. 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…

  8. 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. 

  9. 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).

  10. New legislation on civil liability for nuclear facilities; Nueva legislacion sobre responsabilidad civil en instalaciones nucleares

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-07-01

    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  11. 10 CFR 140.91 - Appendix A-Form of nuclear energy liability policy for facilities.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Appendix A-Form of nuclear energy liability policy for facilities. 140.91 Section 140.91 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) FINANCIAL PROTECTION... other matter not within the Commission's statutory jurisdiction under the Atomic Energy Act....

  12. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... COMMISSION 10 CFR Part 140 RIN 3150-AI74 Increase in the Primary Nuclear Liability Insurance Premium AGENCY... amending its regulations that govern financial protection requirements and indemnity agreements to increase... increase to $375 million, based on an adjustment by American Nuclear Insurers (ANI), which currently writes...

  13. 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.

  14. The need of the Nuclear Civil Liability Insurance; La necesidad del Seguro de Responsabilidad Civil Nuclear (SRCN)

    Energy Technology Data Exchange (ETDEWEB)

    Gomez del Campo, J.

    2011-07-01

    Nuclear Liability Insurance (NLI), emerged as a safety mechanism and product to respond to a great risk. because of the compulsory nature of international and national regulations, it has become a compulsory contract. Nuclear risk coverage pools are founded as groups of insurers and reinsures, without legal entity, which cooperate and pool their resources to deal with these great risks. In spain Atomic Pool has been renamed ESPANUCLEAR, administered by and Economic Interest Grouping called Nuclear risk Insurers. (Author)

  15. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    Energy Technology Data Exchange (ETDEWEB)

    Gavrilov, S.D. [PREKSAT Ltd., Moscow (Russian Federation); Derevyankin, A.A. [Reseaarch and Development Institute of Nuclear Power Engineering, Moscow (Russian Federation); Khamyanov, L.P. [All-Russian Research Institute on NPP Operation, Moscow (Russian Federation); Kovalenko, V.N. [Ministry for Nuclear Energy Of Russian, Moscow (Russian Federation); Kovalivich, O.M. [Research and Technological Center for Nuclear and Radiation Safety of Supervisory, Nuclear Energy State Commitee of Russia, Moscow (Russian Federation); Smirnov, P.L. [Nuclear Safety Institute of Russian Academy of Sciences, Moscow (Russian Federation)

    2001-07-01

    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS

  16. Legal analysis at the Law for Civil liabilities by nuclear damage; Analisis juridico a la Ley de responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Gonzalez G, A

    2000-07-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  17. Changes to the principles of nuclear liability and nuclear damage; Evolution des notions de responsabilite et de dommages nucleaires - Essai de comparaison avec le droit commun

    Energy Technology Data Exchange (ETDEWEB)

    Engelhard, M. [Courtage Technique d`Assurances (France)

    1995-12-31

    The speaker proposes to give a summarized recall on the ordinary rules of liability and damage, by referring to the recent works by the NEA-IAEA as presented during the Helsinki meeting. Then he would compare them to that of nuclear liability and damages, as they currently stand, after the changes they went through, since such rules first appeared. Such comparison will allow the emphasis on differences which lead to question the relevance of these changes. (author).

  18. Adoption of protocols to amend the Paris convention on third party liability in the field of nuclear energy and the Brussels convention supplementary to the Paris convention

    Energy Technology Data Exchange (ETDEWEB)

    Kim, S. W.; Jang, K. H.; Oh, B. J.; Song, J. M.; Jung, M. M.; Kim, H. J. [Korea Institute of Nuclear Safety, Taejon (Korea, Republic of)

    2004-07-01

    To keep in line with the world-wide tendency to strengthen the nuclear third party liability system after the Chernobyl accident, the Protocols to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention Supplementary to the Paris Convention was adopted on 12 February, 2004. The most important feature of the revised Paris Convention is an increase in the nuclear operator's liability amount from 15 million SDRs to a new minimum of 700 million Euros. For the additional compensation to those provided by the domestic liability regime, the revised Brussels Supplementary Convention will maintain its basic three-tier compensation system but with significantly increased amounts(As a result the total amount to be compensated according to the three tiers will be 15 billions Euros). The protocols to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy will come into force when ratified by two thirds of the Signatory States, and the protocol to amend the Brussels Convention Supplementary to the Paris Convention will come into force when ratified by all the Brussels Supplementary Convention Signatory States.

  19. Review of legislation on civil liability for nuclear damage; Revision de la legislacion relativa a la responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Menendez-Moran, E.

    2011-07-01

    The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)

  20. 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

  1. Civil liability and nuclear coverage: synthesis report; Responsabilite civile et coverture nucleaires. Rapport du Groupe de Travail

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-31

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized.

  2. Disaster policy and nuclear liability: Insights from post-Chernobyl agriculture in the United Kingdom

    Science.gov (United States)

    Kerr, William A.; Kwaczek, Adrienne S.; Mooney, Sian

    1989-09-01

    The recent events at Chernobyl have again brought the issues of nuclear safety to the forefront of the nuclear power debate. Fortunately, our experience with such incidents has been very limited, but it is important to learn as much as possible from such events so as to minimize the cost and effect of any other nuclear incidents, be they small or large. Much of the discussion about the possible effects of nuclear incidents has centered around the human cost in terms of health. While this is undoubtedly of paramount concern, the effect of the release of radiation from Chernobyl on the agricultural resource base in Europe can provide valuable insights on how to reduce the costs associated with the contamination of agricultural areas. This article outlines some of the lessons that can be learned using the livestock-raising industry in northern Wales as an example.

  3. Influence of nuclear glasses composition on their liability to deterioration; Influence de la composition des verres nucleaires sur leur alterabilite

    Energy Technology Data Exchange (ETDEWEB)

    Tovena, I.

    1995-09-29

    This contributes to the study of the nuclear glasses composition influence on their liability to deterioration. The methodology of the experimental research used has lead to define between the thirty oxides which form the reference glass light water, six oxides of interest. For each of these oxides, a composition variation area has been defined. A matrix of twenty glass compositions has then been defined. The preparation of materials of these compositions has sometimes lead to materials weakly heterogeneous which have been characterized before deterioration. This study has been completed by those of three glasses in a composition variation area narrower of the light water nuclear glass : the R7T7 and two glasses at limits having respectively an initial dissolution velocity at 100 degrees Celsius theoretically maximum and minimum. Some deterioration parameters in pure water have been experimentally measured on the twenty three glasses : 1) an initial dissolution velocity at 100 degrees (Vo{sub 1}00) Celsius and another one at 90 degrees Celsius (Vo{sub 9}0) 2) a dissolution velocity in conditions near the saturation at 90 degrees Celsius 3) an apparent solubility of glass based on the ortho silicic acid activity 4) the evolution of the dissolution kinetics at 90 degrees Celsius in sub-saturated medium towards saturated medium 5) the alteration films nature developed at the glasses surface during these last alteration tests. Some thermodynamic and structural models have been studied in order to predict Vo{sub 9}0 and Vo{sub 1}00. The dissolution kinetic law developed from reference glass dissolution results has been studied with the calculation code LIXIVER. It has not been able to be used for most of the glasses compositions studied. As a consequence, the glasses dissolution control by a surface reaction which are itself controlled by the only dissolved silica is an hypothesis which is not verified for the greater part of the glasses. (O.L.). refs., figs., tabs.

  4. Draft law concerning the agreement concluded on 22 October 1986 by the Federal Republic of Germany and the Swiss Confederation, on third party liability in the nuclear energy field

    Energy Technology Data Exchange (ETDEWEB)

    1987-10-06

    The bill is intented to improve the liability regime for the protection of the population of the two neighbour countries against possible transfrontier effects of nuclear facilities of the two countries. The third-party liability agreement has been signed on 22 October 1986 in Bern/Switzerland to the effect that the Swiss Confederation is regarded as having acceded to the Paris Convention on Third Party Liability. The bill in hand is to create the basis for a ratification of the agreement, in accordance with Art. 59, para 2, 1st sentence of the Basic Law.

  5. Chernobylsk: twenty years later, the international system of nuclear civil liability; Tchernobyl: 20 ans apres, le systeme international de responsabilite civile nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    Lahorgue, M.B. [Poitiers Univ., 86 (France)

    2006-06-15

    The International system of nuclear civil liability is based on two international treaties: the Paris convention (24.07.1960) and the Brussels convention (31.01.1963), with a time limit for ratification in each concerned country at 30.10.1968. The Paris convention treats compensation and transfrontier problems, the amount of compensation is limited, the Brussels convention specifies the financial system of compensation. The Vienna system under the IAEA auspices gives minimal norms of financial protection against damages and stood in may 1963 thirty three parties signed it. Hungary, Poland, Lithuania, Romania, Armenia, czech republic, Estonia, Bulgaria, Slovakia, Latvia, Ukraine, Belarus, Moldavia have joined the Vienna convention, then the Russian Federation that had signed the Convention in 1996 became member in august 2005. New elements appear such measures of remedial action or measures of prevention of reduction of nuclear damages are included, the new protocol increases the geographical area by taking into account the maritime areas because of the evolution of the international sea law. The transport needs specific contracts between parties, the only case of exoneration is the armed conflicts, civil war, insurrection. The time of loss of right comes from ten years to thirty years, for deaths and body damages, the others types of damages stay fixed at ten years. The most important revision is about the limit financial amount for the nuclear operator that is increased and the calculation of methods of funding for each contracting party is tackled. In fact it appears that more important funds will be available to make compensation for a more important number of victims. The revised system guarantees that the liability chain will never be broken. (N.C.)

  6. Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy; Senat rapport n. 327 projet de loi autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-07-01

    The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

  7. N. 2874 Report realized for the foreign Affairs commission on the law project n. 2785 authorizing the approbation of international agreements on the civil liability in the nuclear energy domain; N. 2874 Rapport fait au nom de la commission des affaires etrangeres sur le projet de loi n. 2785 autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-07-01

    This report is discussing the approval of two new protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two new protocols. (A.L.B.)

  8. Nuclear law: transports. Nuclear civil liability. International cooperation and trade. Non proliferation and peaceful use of atomic energy; Droit nucleaire: transports. Responsabilite civile nucleaire. Cooperation et commerce internationaux. Non-proliferation et utilisation de l'energie atomique a des fins pacifiques

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-07-15

    The object of this work is since its first edition in 1983 under the title 'Collection of nuclear activities legislation and regulation ' to realize an ordered collection of texts constituting the juridical and institutional frame of nuclear activities, gathering the legislative, regulatory and technical texts; the international, European and national texts. Aiming to include the whole of the atom applications, this collection tackles various themes, in ten chapters. The volume number five is constituted by the following chapters: Transports; nuclear civil liability; international trading and cooperation; nonproliferation and peaceful use of nuclear energy. (N.C.)

  9. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 3 of 3

    Energy Technology Data Exchange (ETDEWEB)

    Beck Colleen M.,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  10. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 2 of 3

    Energy Technology Data Exchange (ETDEWEB)

    Beck Colleen M.,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  11. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 1 of 3

    Energy Technology Data Exchange (ETDEWEB)

    Beck Colleen M,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  12. [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.

  13. 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...

  14. Professional liability claims against dentists

    National Research Council Canada - National Science Library

    Moscoso Matus, Karla; Smok Vásquez, Pía

    2015-01-01

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

  15. Assets, liabilities and risks

    OpenAIRE

    Thomson, R

    2014-01-01

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

  16. Assets, liabilities and risks

    Directory of Open Access Journals (Sweden)

    R. Thomson

    2014-01-01

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

  17. 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.

  18. [Basic features of medical liability].

    Science.gov (United States)

    Niksić, Sasa

    2008-01-01

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

  19. Managing 'tail liability'.

    Science.gov (United States)

    Frese, Richard C; Weber, Ryan J

    2013-11-01

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

  20. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

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

  1. 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...

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

    Energy Technology Data Exchange (ETDEWEB)

    Heller, W.

    2004-10-01

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

  3. 跨界损害责任的认定——以日本向海洋排放核污水为视角%On Identification of Liability for Cross-border Damage——As an Example of Japan's Discharging Nuclear Waste Water to the Oceans

    Institute of Scientific and Technical Information of China (English)

    刘海裕; 汪筱苏

    2011-01-01

    跨界损害责任作为国际责任制度的重要内容,逐渐成为联合国国际法委员会以及各国关注的热点问题。文章通过日本地震后向太平洋排放核污水事件,结合跨界损害责任的法理基础,对该行为进行认定,并指明日本应当承担的相应的损害赔偿责任。%As an important part of international liability regimes,the liability for cross-border damage has become a hot issue for the United Nations' International Law Commission and various countries.Combined with the legal basis of liability for cross-border damage,this article identifies Japan's discharging nuclear waste water to Pacific Ocean after earthquake and points out that it should bear the corresponding liability for damages.

  4. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation; Projet de loi autorisant l'approbation de l'accord entre le gouvernement de la republique francaise et le gouvernement de la federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la republique francaise destinees a des installations nucleaires en federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    Raffarin, J.P.; Villepin, D. de

    2002-07-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  5. [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…

  6. 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.

  7. 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.

  8. 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

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

    Directory of Open Access Journals (Sweden)

    Stanisław Hońko

    2016-07-01

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

  10. 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.

  11. Modeling non-maturing liabilities

    OpenAIRE

    von Feilitzen, Helena

    2011-01-01

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

  12. Report realized on behalf of the Foreign Affairs Commission, of Defense and Armed Forces on the law project allowing the agreement approbation between the French Republic Government and the Russian Federal Government relative to the civil liability concerning the nuclear damages occurring from goods supplying to nuclear facilities in Russian Federation and becoming from the French Republic; Rapport fait au nom de la commission des affaires etrangeres, de la defense et des forces armees sur le projet de loi autorisant l'approbation de l'accord entre le Gouvernement de la Republique francaise et le Gouvernement de la Federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la Republique francaise destinees a des installations nucleaires en Federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    The first part presents the international civil liability system in the nuclear domain and details then the 20 june 2000 agreement. It presents also the main aspects of the french-russian cooperation in the nuclear domain. (A.L.B.)

  13. 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.

  14. Corporate Architecture and Limited Liability

    NARCIS (Netherlands)

    Couwenberg, Oscar

    2007-01-01

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

  15. Liability for Malpractice in Education.

    Science.gov (United States)

    Loscalzo, Theresa E.

    1985-01-01

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

  16. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    Science.gov (United States)

    Bărcan, Cristian

    2015-01-01

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

  17. ACCOUNTING ESTIMATION OF LIABILITIES OF ENVIRONMENTAL ACTIVITY

    Directory of Open Access Journals (Sweden)

    D. Ulianova

    2014-12-01

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

  18. Reputation asset and environmental liability

    OpenAIRE

    Sjöblom, Rolf; Lindskog, Staffan

    2014-01-01

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

  19. Historical Drawbacks of Limited Liability

    Directory of Open Access Journals (Sweden)

    Denis Boyle

    2016-07-01

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

  20. Valuers’ Liability in Mortgage Valuation

    Directory of Open Access Journals (Sweden)

    Gabriel Babawale

    2013-05-01

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

  1. 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.

  2. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    OpenAIRE

    Malik, M.; I. Semenchuk

    2014-01-01

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

  3. Liability Issues Concerning Self-Driving Vehicles

    OpenAIRE

    Lohmann, Melinda Florina

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    ANDRADA MIHAELA TRUSCA

    2012-05-01

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

  5. 31 CFR 100.7 - Treasury's liability.

    Science.gov (United States)

    2010-07-01

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

  6. 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…

  7. A Danish Twin Study of Schizophrenia Liability

    DEFF Research Database (Denmark)

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

    2016-01-01

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

  8. 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…

  9. Personal Liability of Trustees of Educational Institutions

    Science.gov (United States)

    Porth, William C.

    1973-01-01

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

  10. 5 CFR 2634.305 - Liabilities.

    Science.gov (United States)

    2010-01-01

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

  11. [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.

  12. Decommissioning of nuclear facilities at the Nuclear Research Institute Rez plc

    Directory of Open Access Journals (Sweden)

    Podlaha Josef

    2010-01-01

    Full Text Available The Nuclear Research Institute Rez has been a leading institution in all areas of nuclear R&D in the Czech Republic since it was established in 1955. After more than 50 years of activities in the field, there are some environmental liabilities that need to be remedied. The remediation of old environmental liabilities concerning the Nuclear Research Institute is the only ongoing decommissioning project in the Czech Republic. The nature of these environmental liabilities is very specific and requires special remediation procedures. The process begun in 2003 and is expected to be finished by 2014.

  13. 19 CFR 141.1 - Liability of importer for duties.

    Science.gov (United States)

    2010-04-01

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

  14. A Study of Liabilities Scale in Telecommunication Enterprises

    Institute of Scientific and Technical Information of China (English)

    2000-01-01

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

  15. 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...

  16. 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.

  17. European Regulation on Rating Agencies: Liability Profiles

    National Research Council Canada - National Science Library

    Carlotta Rinaldo

    2017-01-01

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

  18. Letter on Decontamination and First Responder Liability

    Science.gov (United States)

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

  19. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

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

  20. 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.

  1. [Current issues in medical liability].

    Science.gov (United States)

    Kaatsch, H J

    1987-01-01

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

  2. MINISTERIAL LIABILITY IN THE ROMANIAN CONSTITUTIONAL SYSTEM

    Directory of Open Access Journals (Sweden)

    NICOLAE PAVEL

    2013-05-01

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

  3. Global Cities and Liability of Foreignness

    DEFF Research Database (Denmark)

    Wernicke, Georg; Mehlsen, Kristian

    2016-01-01

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

  4. Proceedings of the nuclear Inter Jura`93. Nuclear energy and sustainable development: the role of law

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-31

    The importance of the law for the future of the nuclear energy within the context of the sustainable development is discussed in this Nuclear Inter Jura - Rio`93, which contains the individual papers, reports of working groups and a proposal of standards of good behavior for the civilian nuclear industry. This congress is divided in five sections: licensing and decommissioning; nuclear liability cover; international nuclear trade; radiological protection and radioactive waste management.

  5. Liability-driven investment in longevity risk management

    OpenAIRE

    Helena Aro; Teemu Pennanen

    2013-01-01

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

  6. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

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

    2009-01-01

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

  7. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

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

    2009-01-01

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

  8. 47 CFR 64.1140 - Carrier liability for slamming.

    Science.gov (United States)

    2010-10-01

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

  9. 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...

  10. Misrepresentation and the Liability of Universities

    Science.gov (United States)

    Katter, Norman

    2006-01-01

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

  11. Law, liability, and public health emergencies.

    Science.gov (United States)

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

    2009-06-01

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

  12. 7 CFR 3565.505 - Liability.

    Science.gov (United States)

    2010-01-01

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

  13. 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

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

    Science.gov (United States)

    AGB Reports, 1985

    1985-01-01

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

  15. Preventive Medicine: Safeguards against Virus Liability Cases.

    Science.gov (United States)

    Thomas, Phyllis L.; And Others

    1991-01-01

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

  16. Postmarketing surveillance of abuse liability of sibutramine.

    Science.gov (United States)

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

    2003-03-01

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

  17. 40 CFR 265.147 - Liability requirements.

    Science.gov (United States)

    2010-07-01

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

  18. 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

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

    Directory of Open Access Journals (Sweden)

    Slezáková Andrea

    2017-06-01

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

  20. Specific schedule conditions for the formation of personnel of A or B category working in nuclear facilities. Option nuclear reactor

    CERN Document Server

    Int. At. Energy Agency, Wien

    2002-01-01

    This document describes the specific dispositions relative to the nuclear reactor domain, for the formation to the conventional and radiation risks prevention of personnel of A or B category working in nuclear facilities. The application domain, the applicable documents, the liability, the specificity of the nuclear reactor and of the retraining, the Passerelle formation, are presented. (A.L.B.)

  1. 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.

  2. 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.

  3. Civil liability for ecologic damage and repairing

    OpenAIRE

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

    2009-01-01

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

  4. AUDITOR''S PROFESSIONAL LIABILITY INSURANCE

    OpenAIRE

    Dorosh, N.

    2008-01-01

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

  5. Telecommunications, health care, and legal liability

    Science.gov (United States)

    Levy, Chris

    1990-06-01

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

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

    OpenAIRE

    2012-01-01

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

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

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

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

  8. Liability for the Payment of Public School Fees

    Directory of Open Access Journals (Sweden)

    M Carnelley

    2011-10-01

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

  9. Assets and Liabilities Management – Concept and Optimal Organization

    OpenAIRE

    Ciobotea Adina; Oaca Sorina Cristina

    2011-01-01

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

  10. Multiperiod mean-variance efficient portfolios with endogenous liabilities

    OpenAIRE

    Markus LEIPPOLD; Trojani, Fabio; Vanini, Paolo

    2011-01-01

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

  11. Valuation of Non-Life Liabilities from Claims Triangles

    Directory of Open Access Journals (Sweden)

    Mathias Lindholm

    2017-07-01

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

  12. 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.

  13. Nuclear law in the EU and beyond. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Raetzke, Christian (ed.) [CONLAR Consulting on Nuclear Law and Regulation, Leipzig (Germany)

    2014-11-01

    This volume contains the proceedings of the 13{sup th} Regional Conference of the German Branch of the Association Internationale du Droit Nucleaire / International Nuclear Law Association (AIDN/INLA) held in Leipzig in June 2013. German and international experts explain the most recent developments in nuclear law in the EU, in Germany and worldwide. The topics include nuclear safety, nuclear liability, nuclear new build and phase-out legislation. Current EU legislation projects, particularly concerning nuclear safety, are explained and their impact is analysed. Worldwide developments are discussed, such as the quest for a global nuclear liability regime. Fitting to the international character of the conference, the language of all papers, including those from German authors, is English, with the exception of four papers dealing with issues of German nuclear law. For everyone who wants to keep up-to-date on important developments of nuclear law, this volume is an obvious choice.

  14. 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.

  15. Medical liability and health care reform.

    Science.gov (United States)

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

    2011-01-01

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

  16. 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...

  17. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, F.; Uras, R.B.

    2014-01-01

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

  18. 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…

  19. Corrective justice as a principle of civil liability

    OpenAIRE

    2015-01-01

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

  20. 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…

  1. 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...

  2. 7 CFR 917.68 - Liability of committee members.

    Science.gov (United States)

    2010-01-01

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

  3. 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…

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

    NARCIS (Netherlands)

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

    2013-01-01

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

  5. 18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

    Science.gov (United States)

    2010-04-01

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

  6. 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...

  7. Modelling of nuclear power plant decommissioning financing.

    Science.gov (United States)

    Bemš, J; Knápek, J; Králík, T; Hejhal, M; Kubančák, J; Vašíček, J

    2015-06-01

    Costs related to the decommissioning of nuclear power plants create a significant financial burden for nuclear power plant operators. This article discusses the various methodologies employed by selected European countries for financing of the liabilities related to the nuclear power plant decommissioning. The article also presents methodology of allocation of future decommissioning costs to the running costs of nuclear power plant in the form of fee imposed on each megawatt hour generated. The application of the methodology is presented in the form of a case study on a new nuclear power plant with installed capacity 1000 MW.

  8. Whither the legal control of nuclear energy?

    Energy Technology Data Exchange (ETDEWEB)

    Riley, Peter [Leicester School of Law (United Kingdom). Environmental Law Unit

    1995-12-31

    International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs.

  9. 14 CFR 221.106 - Notice of limited liability for baggage; alternative consolidated notice of liability limitations.

    Science.gov (United States)

    2010-01-01

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

  10. Specific schedule conditions for the formation of personnel of A or B category working in nuclear facilities. Option nuclear reactor-borne

    CERN Document Server

    Int. At. Energy Agency, Wien

    2002-01-01

    This document describes the specific dispositions relative to the nuclear reactor-borne domain, for the formation to the conventional and radiation risks prevention of personnel of A or B category working in nuclear facilities. The application domain, the applicable documents, the liability, the specificity of the nuclear reactor-borne and of the retraining, the Passerelle formation, are presented. (A.L.B.)

  11. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina

    2014-01-01

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

  12. [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.

  13. 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.

  14. 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.

  15. 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.

  16. 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....

  17. 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....

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

    Science.gov (United States)

    Laux, Judy

    2008-01-01

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

  19. 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)

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

    OpenAIRE

    ANDRADA TRUSCA

    2011-01-01

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

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

    OpenAIRE

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

    2012-01-01

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

  2. 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.

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

    Science.gov (United States)

    Feess, Eberhard

    2012-04-01

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

  4. Nosocomial infection and civil liability in Brazilian courts

    Directory of Open Access Journals (Sweden)

    CARVALHO DA SILVA, José Marcio

    2015-07-01

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

  5. ACCRUAL OF LIABILITIES AND CONTINGENT ASSETS

    Directory of Open Access Journals (Sweden)

    Elena Ilie

    2011-12-01

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

  6. Canonical duties, liabilities of trustees and administrators.

    Science.gov (United States)

    Morrisey, F G

    1985-06-01

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

  7. Draft law on never-ending nuclear obligations. Unconstitutional apparent solution; Der Gesetzentwurf zur nuklearen Ewigkeitshaftung. Verfassungswidrige Scheinloesung

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2015-11-15

    The German Federal Government intends to pass a sector-specific act for eternity liability for companies of the nuclear sector. The ''Act for Subsequent Liability for Decommissioning and Disposal Costs for the Nuclear Sector'' should establish a sector-specific special liability act. The intended act is not only unconstitutional it also does not give a real contribution to solving the task of final disposal. Despite decades of collecting of amount for a repository, the Federal State's duty to provide a final disposal hitherto is not fulfilled.

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

    Science.gov (United States)

    Brown, Arthur M

    2005-01-01

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

  9. 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.

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

    Directory of Open Access Journals (Sweden)

    Lodewicus Charl Coetzee

    2017-05-01

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

  11. Optimizing the Banking Activity Using Assets & Liabilities Management

    Directory of Open Access Journals (Sweden)

    Vasile Dedu

    2008-10-01

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

  12. 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 

  13. 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...

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

    Directory of Open Access Journals (Sweden)

    Brian V Nahed

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

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

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2011-01-01

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

  16. 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

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

    Institute of Scientific and Technical Information of China (English)

    张宏武

    2012-01-01

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

  18. 17 CFR 232.402 - Liability for XBRL-Related Documents.

    Science.gov (United States)

    2010-04-01

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

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

    NARCIS (Netherlands)

    Giesen, Ivo

    2006-01-01

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

  20. Estimating end of life liabilities for plant licensing and financial planning for similarly configured stations

    Energy Technology Data Exchange (ETDEWEB)

    Griffiths, G. [TLG Services, Inc. an Entergy Nuclear Co. (United States); Kennard, J. [Ontario Power Generation Inc. (Canada)

    2008-07-01

    Ontario Power Generation (OPG) is required to update estimated waste management and decommissioning costs on a 5-year cycle within the Canadian Nuclear Safety Commission's (CNSC) regulatory framework and provide a decommissioning cost update and provisions funds status to the Province of Ontario on a similar five-year cycle under the terms of the Ontario Nuclear Funds Agreement (ONFA). The following is an overview of the important steps used to develop OPG's nuclear power station decommissioning cost estimates, including a discussion of the responsibilities of both the owner (OPG) and estimating services vendor (TLG Services). This presentation is related to decommissioning estimating for multi-unit stations; therefore the discussion will be focused on identifying those activities that may be particularly impacted by multi-unit configuration or multiple stations. It should be noted that simultaneously developing decommissioning estimates for multiple multi-unit stations creates the opportunity to achieve economies of scale to more efficiently produce the estimates, and enables the owner and vendor to compare results between stations to identify inconsistencies. However, without careful attention to detail at the planning and execution stage, it also creates the potential liability of backtracking and developing the estimate multiple times, should significant assumptions be revised in mid-project. (authors)

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

    Science.gov (United States)

    Khoury, Lara; Smyth, Stuart

    2007-01-01

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

  2. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    2014-01-01

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

  3. 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

  4. The Liability Rules under International GHG Emissions Trading

    NARCIS (Netherlands)

    Zhang, ZX

    2001-01-01

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

  5. 48 CFR 1327.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

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

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

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

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

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

    Science.gov (United States)

    Xu, Sikui; Huang, Helai

    2016-10-01

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

  8. 13 CFR 115.19 - Denial of liability.

    Science.gov (United States)

    2010-01-01

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

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

    NARCIS (Netherlands)

    C.E. Steer

    2014-01-01

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

  10. 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)

  11. [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.

  12. 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…

  13. 26 CFR 1.752-1 - Treatment of partnership liabilities.

    Science.gov (United States)

    2010-04-01

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

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

    African Journals Online (AJOL)

    Setup

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

  15. 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...

  16. 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

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

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

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

  18. 31 CFR 223.9 - Valuation of assets and liabilities.

    Science.gov (United States)

    2010-07-01

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

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

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

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

  20. Ex-post Liability Rules in Modern Patent Law

    NARCIS (Netherlands)

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

    2010-01-01

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

  1. Life Insurance Liabilities with Policyholder Behaviour and Stochastic Rates

    DEFF Research Database (Denmark)

    Buchardt, Kristian

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

  2. 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

  3. 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...

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

    Science.gov (United States)

    2010-04-01

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

  5. 26 CFR 1.357-1 - Assumption of liability.

    Science.gov (United States)

    2010-04-01

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

  6. 5 CFR 837.304 - Agency liability for payments.

    Science.gov (United States)

    2010-01-01

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

  7. 16 CFR 240.13 - Customer's and third party liability.

    Science.gov (United States)

    2010-01-01

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

  8. 26 CFR 1.461-2 - Contested liabilities.

    Science.gov (United States)

    2010-04-01

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

  9. 18 CFR 367.2540 - Account 254, Other regulatory liabilities.

    Science.gov (United States)

    2010-04-01

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

  10. Notification: EPA Progress in Reducing Taxpayer Environmental Liabilities

    Science.gov (United States)

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

  11. First responder and physician liability during an emergency.

    Science.gov (United States)

    Eddy, Amanda

    2013-01-01

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

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

    NARCIS (Netherlands)

    Angelopoulos, C.J.

    2016-01-01

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

  13. 7 CFR 3431.19 - Payment and tax liability.

    Science.gov (United States)

    2010-01-01

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

  14. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

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

  15. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    2014-01-01

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

  16. Nuclear Medicine

    Science.gov (United States)

    ... for Parents/Teachers Resource Links for Students Glossary Nuclear Medicine What is nuclear medicine? What are radioactive ... NIBIB-funded researchers advancing nuclear medicine? What is nuclear medicine? Nuclear medicine is a medical specialty that ...

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

    Science.gov (United States)

    Winrow, Brian; Winrow, Amanda R

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    M. Malik

    2015-08-01

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

  19. On international harmonization in the field of nuclear energy law. Report about the 7th AIDN/INLA congress, Nuclear Inter Jura '85 held in Constance

    Energy Technology Data Exchange (ETDEWEB)

    Bucsein, W.

    1986-10-01

    In September 1985, the seventh international conference of the Association Internationale du Droit Nucleaire (AIDN)/International Nuclear Law Association (INLA), Nuclear Inter Jura '85, was held in Constance (Lake Constance), with the title 'Status, prospects and possibilities of international harmonization in the field of nuclear energy law'. Four working sessions were devoted to the issues 'Licensing and decommissioning of nuclear installations', 'Nuclear liability', 'Nuclear exportation and importation', and 'International standards of radiation protection'. In the fields of liability and radiation protection, harmonization has been achieved to a high degree, in the two remaining fields harmonization is deemed useful.

  20. Nuclear Research and Society

    Energy Technology Data Exchange (ETDEWEB)

    Eggermont, G

    2000-07-01

    In 1998, SCK-CEN took the initiative to include social sciences and humanities into its research programme. Within this context, four projects were defined, respectively on sustainability and nuclear development; transgenerational ethics related to the disposal of long-lived radioactive waste; legal aspects and liability; emergency communication and risk perception. Two reflection groups were established, on expert culture and ethical choices respectively, in order to deepen insight while creating exchange of disciplinary approaches of the committed SCK-CEN researchers and social scientists. Within the context of SCK-CEN's social sciences and humanities programme, collaborations with various universities were initiated, teams consisting of young doctorate and post-doctorate researchers and university promotors with experience in interaction processes of technology with society were established and steering committees with actors and external experts were set up for each project. The objectives and main achievements in the four projects are summarised.

  1. 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

  2. Specific schedule conditions for the formation of personnel of A or B category working in nuclear facilities. Option nuclear reactor; Cahier des charges specifiques pour la formation du personnel de categorie A ou B travaillant dans les installations nucleaires. Option reacteur nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    This document describes the specific dispositions relative to the nuclear reactor domain, for the formation to the conventional and radiation risks prevention of personnel of A or B category working in nuclear facilities. The application domain, the applicable documents, the liability, the specificity of the nuclear reactor and of the retraining, the Passerelle formation, are presented. (A.L.B.)

  3. Specific schedule conditions for the formation of personnel of A or B category working in nuclear facilities. Option nuclear reactor-borne; Cahier des charges specifiques pour la formation du personnel de categorie A ou B travaillant dans les installations nucleaires. Option reacteur nucleaire embarque

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    This document describes the specific dispositions relative to the nuclear reactor-borne domain, for the formation to the conventional and radiation risks prevention of personnel of A or B category working in nuclear facilities. The application domain, the applicable documents, the liability, the specificity of the nuclear reactor-borne and of the retraining, the Passerelle formation, are presented. (A.L.B.)

  4. 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.

  5. Physician liability and non-invasive prenatal testing.

    Science.gov (United States)

    Toews, Maeghan; Caulfield, Timothy

    2014-10-01

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

  6. 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.

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

    Science.gov (United States)

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

    2013-01-01

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

  8. 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.).

  9. Securing insurance protection against fraud and abuse liability.

    Science.gov (United States)

    Callison, S

    1999-07-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  11. The hidden carbon liability of Indonesian palm oil

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-05-15

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

  12. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    OpenAIRE

    Elena Emilia STEFAN

    2013-01-01

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

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

    Science.gov (United States)

    Johnson, Matthew W; Griffiths, Roland R

    2013-04-01

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

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

    OpenAIRE

    Moerman, L.; S. van der Laan

    2015-01-01

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

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

    OpenAIRE

    WOJCIECHOWSKI, PAWEŁ

    2016-01-01

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

  16. [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.

  17. 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...

  18. Nuclear Confidence

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    The Fukushima nuclear accident provides valuable lessons for China national nuclear Corp.as it continues to expand its operations AS Japan’s Fukushima nuclear crisis sparks a global debate over nuclear safety,China National Nuclear Corp. (CNNC),the country’s largest nuclear plant operator, comes under the spotlight.

  19. 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.

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

    OpenAIRE

    Salov, A.; Maslov, V.

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Hui-Yin Tsai

    2008-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    HAN Shiyuan

    2006-01-01

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

  3. 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.

  4. 18 CFR 367.2420 - Account 242, Miscellaneous current and accrued liabilities.

    Science.gov (United States)

    2010-04-01

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

  5. Nuclear safeguards; Salvaguardias nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Zurron, O.

    2015-07-01

    Safeguards control at the Juzbado Plant is implemented through the joint IAEA/EURATOM partnership approach in force within the European Union for all nuclear facilities. this verification agreement is designed to minimize burden on the operators whilst ensuring that both inspectorate achieve the objectives related to their respective safeguards regimes. This paper outlines the safeguards approaches followed by the inspectorate and the particularities of the Juzbado Plants nuclear material accountancy and control system. (Authors)

  6. Social Sciences in Nuclear Research

    Energy Technology Data Exchange (ETDEWEB)

    Eggermont, G

    2001-04-01

    In 1998, an initiative was taken by SCK-CEN to include social sciences and humanities into its research programme. As a result, two working groups were created to discuss two broad items: (1) ethical choices in radiation protection; and (2) the role and culture of nuclear experts. The general objectives of SCK-CEN's social sciences programme are: (1) to improve the nuclear research approach by integrating social sciences - where needed- to solve complex problems in interaction with society; (2) to stimulate university collaboration with social disciplines in learning process towards transdisciplinary and improved social responsibility; (3) to improve the training of nuclear experts of SCK-CEN by gaining insight in their expert culture and implicit ethical choices; (4) to develop projects and an original transdisciplinary programme and project management by involving young and senior scientists, a variety of university opinions and relevant actors from industry and society. Along these lines, projects were developed on sustainability and nuclear development, transgenerational ethics related to disposal of long-lived radioactive waste and cognitive dissonance effects, legal aspects and liability, non-radiological aspects of nuclear emergencies and safety. Progress and major achievements in SCK-CEN's social science programme in 2000 are summarised.

  7. Nuclear law; Le droit nucleaire 2006-2008

    Energy Technology Data Exchange (ETDEWEB)

    Bringuier, P. [Montpellier-1 Univ., Droit International Public, UMR 5815, 34 (France)

    2009-10-15

    The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

  8. Clinical safety and professional liability claims in Ophthalmology.

    Science.gov (United States)

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

    2017-06-29

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

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

    Science.gov (United States)

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

    2017-06-06

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

  10. 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.

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

    Science.gov (United States)

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

    2014-10-01

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

  12. Nuclear physics

    Energy Technology Data Exchange (ETDEWEB)

    Sang, David (Bishop Luffa Comprehensive School, Chichester (UK))

    1990-01-01

    Nuclear Physics covers the aspects of radioactivity and nuclear physics dealt with in the syllabuses of all the A-level examination boards; in particular, it provides detailed coverage of the Joint Matriculation Board option in nuclear physics. It deals with the discovery of the atomic nucleus, the physics of nuclear processes, and nuclear technology. (author).

  13. [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.

  14. 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.

  15. 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

  16. A path integral approach to asset-liability management

    Science.gov (United States)

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

    2006-05-01

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

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

    Institute of Scientific and Technical Information of China (English)

    张秋荣

    2001-01-01

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

  18. 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...

  19. 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

  20. 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.…

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

    OpenAIRE

    2014-01-01

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

  2. 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)

  3. 42 CFR 418.400 - Individual liability for coinsurance for hospice care.

    Science.gov (United States)

    2010-10-01

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

  4. 48 CFR 252.247-7016 - Contractor liability for loss or damage.

    Science.gov (United States)

    2010-10-01

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

  5. 26 CFR 1.456-4 - Cessation of liability or existence.

    Science.gov (United States)

    2010-04-01

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

  6. 26 CFR 1.752-3 - Partner's share of nonrecourse liabilities.

    Science.gov (United States)

    2010-04-01

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

  7. 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...

  8. 24 CFR 213.277 - Right and liability under the Cooperative Management Housing Insurance Fund.

    Science.gov (United States)

    2010-04-01

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

  9. 13 CFR 120.524 - When is SBA released from liability on its guarantee?

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Hamilton, Thomas E.

    1991-01-01

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

  11. 26 CFR 1.357-2 - Liabilities in excess of basis.

    Science.gov (United States)

    2010-04-01

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

  12. 26 CFR 521.115 - Credit against United States tax liability for Danish tax.

    Science.gov (United States)

    2010-04-01

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

  13. 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

  14. 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

  15. 17 CFR 1.2 - Liability of principal for act of agent.

    Science.gov (United States)

    2010-04-01

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

  16. 26 CFR 1.752-2 - Partner's share of recourse liabilities.

    Science.gov (United States)

    2010-04-01

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

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

    NARCIS (Netherlands)

    B. van der Sloot

    2015-01-01

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

  18. Nuclear ventriculography

    Science.gov (United States)

    ... ventriculography (RNV); Multiple gate acquisition scan (MUGA); Nuclear cardiology; Cardiomyopathy - nuclear ventriculography ... 56. Udelson JE, Dilsizian V, Bonow RO. Nuclear cardiology. In: Bonow RO, Mann DL, Zipes DP, Libby ...

  19. Nuclear Medicine.

    Science.gov (United States)

    Badawi, Ramsey D.

    2001-01-01

    Describes the use of nuclear medicine techniques in diagnosis and therapy. Describes instrumentation in diagnostic nuclear medicine and predicts future trends in nuclear medicine imaging technology. (Author/MM)

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

    Directory of Open Access Journals (Sweden)

    Hui-qiang Ma

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Daniel A. Peak

    1998-01-01

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

  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. 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.

  4. 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)

  5. 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.

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

    Directory of Open Access Journals (Sweden)

    Utter, Robert

    2012-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Alice Aquino ZANIN

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

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

    Institute of Scientific and Technical Information of China (English)

    张瑞纲; 胡盛楠

    2014-01-01

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

  9. 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...

  10. 14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

    Science.gov (United States)

    2010-01-01

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

  11. 42 CFR 417.464 - End of CMS's liability for payment: Disenrollment of beneficiaries and termination or default of...

    Science.gov (United States)

    2010-10-01

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

  12. Nuclear Insurance Subsidies Cost from Post-Fukushima Accounting Based on Media Sources

    Directory of Open Access Journals (Sweden)

    John J. Laureto

    2016-12-01

    Full Text Available Quantification of nuclear liability insurance is difficult without arbitrary liability caps; however, post-mortem calculations can be used to calculate insurance costs. This study analyzes the Fukushima (Daiichi nuclear power plant disaster to quantify the cost per unit electricity ($/kWh of nuclear energy from the lifetime of the plant after accounting for the true cost of the liability needed to cover the damages from the nuclear disaster determined from news reports. These costs are then compared to the cost of electricity currently paid by Japanese consumers, and then are aggregated to determine the indirect subsidy for nuclear power providers in both Japan and the USA. The results show that the reported costs of the Fukushima nuclear disaster are $20–525 billion, which results in a real insurance cost from the lifetime of electricity produced at the plants between $0.22–5.78/kWh. These values are far higher than the current insurance costs by Japanese law of $0.01/kWh and even the total costs consumers pay for electricity. Although the spread in the input costs is large and the reported metrics are incomplete, the nuclear insurance subsidy is clearly substantial in Japan and in the USA. Ideally, energy sources should be economically sustainable without the need for a government insurance subsidy. For the electricity market to function effectively and efficiently in all other countries using nuclear power, the insurance costs should be reported accurately and included in nuclear electricity costs without arbitrary government liability caps.

  13. Compensation for nuclear damage: a comparison among the international regime, Japan and China

    NARCIS (Netherlands)

    Liu, J.; Faure, Michael

    2016-01-01

    Following the Fukushima disaster in Japan in 2011, how the compensation system for nuclear damage should be improved has obtained broad attention. The compensation system, including liability rules, insurance and government involvement, does not only concern to what extent the victims can be suffici

  14. Compensation for nuclear damage: a comparison among the international regime, Japan and China

    NARCIS (Netherlands)

    Liu, J.; Faure, Michael

    2016-01-01

    Following the Fukushima disaster in Japan in 2011, how the compensation system for nuclear damage should be improved has obtained broad attention. The compensation system, including liability rules, insurance and government involvement, does not only concern to what extent the victims can be suffici

  15. Nuclear Theory - Nuclear Power

    Science.gov (United States)

    Svenne, J. P.; Canton, L.; Kozier, K. S.

    2008-01-01

    The results from modern nuclear theory are accurate and reliable enough to be used for practical applications, in particular for scattering that involves few-nucleon systems of importance to nuclear power. Using well-established nucleon-nucleon (NN) interactions that fit well the NN scattering data, and the AGS form of the three-body theory, we have performed precise calculations of low-energy neutron-deuteron (n+d) scattering. We show that three-nucleon force effects that have impact on the low-energy vector analyzing powers have no practical effects on the angular distribution of the n+d cross-section. There appear to be problems for this scattering in the evaluated nuclear data file (ENDF) libraries, at the incident neutron energies less than 3.2 MeV. Supporting experimental data in this energy region are rather old (>25 years), sparse and often inconsistent. Our three-body results at low energies, 50 keV to 10.0 MeV, are compared to the ENDF/B-VII.0 and JENDL (Japanese Evaluated Nuclear Data Library) -3.3 evaluated angular distributions. The impact of these results on the calculated reactivity for various critical systems involving heavy water is shown.

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

    Directory of Open Access Journals (Sweden)

    Cociuba Mihail Ioan

    2014-12-01

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

  17. Estimating the frequency of nuclear accidents

    CERN Document Server

    Raju, Suvrat

    2016-01-01

    We used Bayesian methods to compare the predictions of probabilistic risk assessment -- the theoretical tool used by the nuclear industry to predict the frequency of nuclear accidents -- with empirical data. The existing record of accidents with some simplifying assumptions regarding their probability distribution is sufficient to rule out the validity of the industry's analyses at a very high confidence level. We show that this conclusion is robust against any reasonable assumed variation of safety standards over time, and across regions. The debate on nuclear liability indicates that the industry has independently arrived at this conclusion. We pay special attention to the Indian situation, where we show that the existing operating experience provides insufficient data to make any reliable claims about the safety of future reactors. We briefly discuss some policy implications.

  18. 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

  19. 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.

  20. Nuclear control

    Energy Technology Data Exchange (ETDEWEB)

    Yoon, Wan Kee [Korea Atomic Energy Research Institute, Taejon (Korea, Republic of)

    1995-02-01

    International cooperation in nuclear industries requires nuclear control as prerequisites. The concept of nuclear control is based on the Treaty on the Non-proliferation of Nuclear Weapon (NPT). The International Atomic Energy Agency (IAEA) plays central role in implementing nuclear control. Nuclear control consists of nuclear safeguards, physical protection, and export/import control. Each member state of NPT is subject to the IAEA`s safeguards by concluding safeguards agreements with the IAEA. IAEA recommends member states to implement physical protection on nuclear materials by `The Physical Protection of Nuclear Material` and `The Convention on the Physical Protection of Nuclear Material` of IAEA. Export/Import Control is to deter development of nuclear weapons by controlling international trade on nuclear materials, nuclear equipments and technology. Current status of domestic and foreign nuclear control implementation including recent induction of national inspection system in Korea is described and functions of recently set-up Technology Center for Nuclear Control (TCNC) under the Korea Atomic Energy Research Institute (KAERI) are also explained. 6 tabs., 11 refs. (Author).

  1. Hazard Concerns: MIC at Bhopal and Virginia and the Indian Nuclear Liability Act

    OpenAIRE

    2012-01-01

    Oblivious to the anger and outrage expressed throughout the world after the methyl isocyanate leak in December 1984, the continued storage of MIC at the parent West Virginia plant until 2011, despite several accidents, indicates the limited effect of public safety concerns on corporate strategy. As in India, neither the US executive nor the judiciary seemed capable of withstanding pressures exerted by the chemical processing industry. This is an ongoing story of struggle. What gave Bhopal a f...

  2. Noncombatants and liability to be attacked in wars

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2013-01-01

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

  3. Current aspects of penal surgical liability in Greece.

    Science.gov (United States)

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

    2013-05-01

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

  4. Limiting Civil Liability in the Sphere of Business Auditing

    Directory of Open Access Journals (Sweden)

    Carmen COSTULEANU

    2011-09-01

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

  5. 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.

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

    Science.gov (United States)

    Terranova, Claudio; Sartore, Daniela

    2013-03-01

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

  7. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    Directory of Open Access Journals (Sweden)

    ELENA EMILIA ŞTEFAN

    2013-05-01

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

  8. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    Directory of Open Access Journals (Sweden)

    Elena Emilia STEFAN

    2013-12-01

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

  9. 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.

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

    Directory of Open Access Journals (Sweden)

    Mirela Paula Costache

    2013-08-01

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

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

    Science.gov (United States)

    Weiss, Kenneth J; Farrell, J Michael

    2006-01-01

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

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

    DEFF Research Database (Denmark)

    Haites, E.; Missfeldt, F.

    2001-01-01

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

  13. Indexing molecules for their hERG liability.

    Science.gov (United States)

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

    2013-07-01

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

  14. 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.

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    S. Travinska

    2013-11-01

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

  17. The economics of nuclear power

    Science.gov (United States)

    Horst, Ronald L.

    We extend economic analysis of the nuclear power industry by developing and employing three tools. They are (1) compilation and unification of operating and accounting data sets for plants and sites, (2) an abstract industry model with major economic agents and features, and (3) a model of nuclear power plant operators. We build a matched data set to combine dissimilar but mutually dependant bodies of information. We match detailed information on the activities and conditions of individual plants to slightly more aggregated financial data. Others have exploited the data separately, but we extend the sets and pool available data sets. The data reveal dramatic changes in the industry over the past thirty years. The 1980s proved unprofitable for the industry. This is evident both in the cost data and in the operator activity data. Productivity then improved dramatically while cost growth stabilized to the point of industry profitability. Relative electricity prices may be rising after nearly two decades of decline. Such demand side trends, together with supply side improvements, suggest a healthy industry. Our microeconomic model of nuclear power plant operators employs a forward-looking component to capture the information set available to decision makers and to model the decision-making process. Our model includes features often overlooked elsewhere, including electricity price equations and liability. Failure to account for changes in electricity price trends perhaps misled earlier scholars, and they attributed to other causes the effects on profits of changing price structures. The model includes potential losses resulting from catastrophic nuclear accidents. Applications include historical simulations and forecasts. Nuclear power involves risk, and accident costs are borne both by plant owners and the public. Authorities regulate the industry and balance conflicting desires for economic gain and safety. We construct an extensible model with regulators, plant

  18. 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.

  19. Nuclear Scans

    Science.gov (United States)

    Nuclear scans use radioactive substances to see structures and functions inside your body. They use a special ... images. Most scans take 20 to 45 minutes. Nuclear scans can help doctors diagnose many conditions, including ...

  20. Nuclear Chemistry.

    Science.gov (United States)

    Chemical and Engineering News, 1979

    1979-01-01

    Provides a brief review of the latest developments in nuclear chemistry. Nuclear research today is directed toward increased activity in radiopharmaceuticals and formation of new isotopes by high-energy, heavy-ion collisions. (Author/BB)

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

    Directory of Open Access Journals (Sweden)

    Maria Carmen HUIAN

    2015-12-01

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

  2. 78 FR 76332 - Proposed Submission of Information Collection for OMB Review; Comment Request; Liability for...

    Science.gov (United States)

    2013-12-17

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

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

    Directory of Open Access Journals (Sweden)

    Wahyu Yun Santoso

    2016-04-01

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

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

    National Research Council Canada - National Science Library

    2000-01-01

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

  5. 18 CFR 367.2450 - Account 245, Derivative instrument liabilities-Hedges

    Science.gov (United States)

    2010-04-01

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

  6. Nuclear weapons, nuclear effects, nuclear war

    Energy Technology Data Exchange (ETDEWEB)

    Bing, G.F.

    1991-08-20

    This paper provides a brief and mostly non-technical description of the militarily important features of nuclear weapons, of the physical phenomena associated with individual explosions, and of the expected or possible results of the use of many weapons in a nuclear war. Most emphasis is on the effects of so-called ``strategic exchanges.``

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

    Institute of Scientific and Technical Information of China (English)

    杨立新

    2012-01-01

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

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

    OpenAIRE

    Memmel, Christoph; Schertler, Andrea

    2009-01-01

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

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

    OpenAIRE

    Nicolo Zingales

    2014-01-01

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

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

    OpenAIRE

    Cheung, ASY

    2015-01-01

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

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

    OpenAIRE

    Usul, Hayrettin; ÖZER KEÇE, Figen

    2016-01-01

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

  13. Nuclear Ambitions

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    China will begin to build the world’s first third-generation nuclear power plant at the Sanmen Nuclear Power Project in Sanmen City, coastal Zhejiang Province, in March 2009, accord-ing to the State Nuclear Power Technology Corp.

  14. Nuclear structure

    CERN Document Server

    Nazarewicz, W

    1999-01-01

    Current developments in nuclear structure are discussed from a theoretical perspective. The studies of the nuclear many-body system provide us with invaluable information about the nature of the nuclear interaction, nucleonic correlations at various energy-distance scales, and the modes of the nucleonic matter.

  15. 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.

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

    Energy Technology Data Exchange (ETDEWEB)

    Reuter, A.

    1991-01-30

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

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

    Institute of Scientific and Technical Information of China (English)

    韩超

    2014-01-01

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

  18. Nuclear spectroscopy

    CERN Document Server

    Ajzenberg-Selove, Fay

    1960-01-01

    Nuclear Spectroscopy, Part B focuses on the ways in which experimental data may be analyzed to furnish information about nuclear parameters and nuclear models in terms of which the data are interpreted.This book discusses the elastic and inelastic potential scattering amplitudes, role of beta decay in nuclear physics, and general selection rules for electromagnetic transitions. The nuclear shell model, fundamental coupling procedure, vibrational spectra, and empirical determination of the complex potential are also covered. This publication is suitable for graduate students preparing for exper

  19. Specific schedule conditions for the formation of personnel of A or B category working in nuclear facilities. Option research center

    CERN Document Server

    Int. At. Energy Agency, Wien

    2002-01-01

    This document describes the specific dispositions relative to the Research Center, for the formation to the conventional and radiation risks prevention of personnel of A or B category working in nuclear facilities. The application domain, the applicable documents, the liability, the specificity of the Research Center and of the retraining, the Passerelle formation, are presented. (A.L.B.)

  20. Summary of some Recent Work on Financial Planning for Decommissioning of Nuclear Research Facilities

    Energy Technology Data Exchange (ETDEWEB)

    Lindskog, Staffan (Swedish Nuclear Power Inspectorate, Stockholm (Sweden)); Sjoeblom, Rolf (Tekedo AB, Nykoeping (Sweden))

    2008-06-15

    The new European Union Environmental Liability Directive (ELD) together with the new standard and the increased awareness of the implications of the statements on Environmental liabilities in the IFRS/IA high-light the need for appropriate planning for decommissioning including cost estimations and waste fund management. These new regulations and standards are in some respects more stringent than the strictly nuclear rules. Consequently, The Swedish Nuclear Power Inspectorate has sought communication with non-nuclear actors in the area, including the participation in the recent meeting Environmental Economics and Investment Assessment 11, 27-30 May, 2008, Cadiz, Spain. The present compilation of publications on decommissioning and associated cost calculations in Sweden was prompted by these contacts. The compilation comprises 14 reports published during the last four years

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

    Institute of Scientific and Technical Information of China (English)

    吴怡缔; 方立维

    2012-01-01

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

  2. 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

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

    Directory of Open Access Journals (Sweden)

    Andary Michael T

    2008-01-01

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

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

    Science.gov (United States)

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

    2011-03-01

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

  5. 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].

  6. The liability threshold model for censored twin data

    DEFF Research Database (Denmark)

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

    2016-01-01

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

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. Nuclear security

    Energy Technology Data Exchange (ETDEWEB)

    1990-06-01

    In June 1988, congressional hearings were held on allegations that government-owned equipment at DOE's Lawrence Livermore National Laboratory, including word processors, typewriters, video equipment, cordless hand tolls, and highly explosive materials, was being stolen to finance the purchase of illegal drugs. While the laboratory is government-owned, it is run by the University of California. GAO fond that the laboratory cannot account for over $45 million worth of government-owned property in its custody. Neither the laboratory's accounting controls nor its physical controls have protected the property in its custody against theft, unauthorized use, or loss. Despite the substantial number of missing items, the contract between DIE and the university generally protects the university against liability for such losses. This report concludes that DOE has not provided adequate oversight of the laboratory's property management system and, in essence, has allowed the university to prescribe the terms of the contract.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1994-09-01

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

  13. News from the front lines of nuclear law; Aus der Werkstatt des Nuklearrechts

    Energy Technology Data Exchange (ETDEWEB)

    Raetzke, Christian; Feldmann, Ulrike; Frank, Akos (eds.)

    2016-07-01

    This volume contains the proceedings of the 14th Regional Conference of the German Branch of the International Nuclear Law Association (INLA) held in Nuremberg in September 2015. In five chapters, German and international experts, with contributions partly in German but predominantly in English, explain the most recent developments in nuclear law in Germany, in other countries and on the international level. The topics include: turnkey contracts in the nuclear industry; claims under EU environmental law and under ICSID arbitration; developments in legal requirements for final disposal of nuclear waste in various countries such as Germany and the US; topics of nuclear liability, such as the situation in India; and finally nuclear safety and regulation. For anyone who wants to keep up-to-date on important developments of nuclear law, this volume is an obvious choice.

  14. Nuclear Fission

    Science.gov (United States)

    Denschlag, J. O.

    This chapter first gives a survey on the history of the discovery of nuclear fission. It briefly presents the liquid-drop and shell models and their application to the fission process. The most important quantities accessible to experimental determination such as mass yields, nuclear charge distribution, prompt neutron emission, kinetic energy distribution, ternary fragment yields, angular distributions, and properties of fission isomers are presented as well as the instrumentation and techniques used for their measurement. The contribution concentrates on the fundamental aspects of nuclear fission. The practical aspects of nuclear fission are discussed in http://dx.doi.org/10.1007/978-1-4419-0720-2_57 of Vol. 6.

  15. Nuclear Safety

    Energy Technology Data Exchange (ETDEWEB)

    Silver, E G [ed.

    1989-01-01

    This document is a review journal that covers significant developments in the field of nuclear safety. Its scope includes the analysis and control of hazards associated with nuclear energy, operations involving fissionable materials, and the products of nuclear fission and their effects on the environment. Primary emphasis is on safety in reactor design, construction, and operation; however, the safety aspects of the entire fuel cycle, including fuel fabrication, spent-fuel processing, nuclear waste disposal, handling of radioisotopes, and environmental effects of these operations, are also treated.

  16. 连带责任浅议%On the Joint Liability

    Institute of Scientific and Technical Information of China (English)

    代美华

    2001-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    侯贵嵋

    2012-01-01

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

  18. 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.

  19. 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.

  20. Nuclear Astrophysics

    Science.gov (United States)

    Drago, Alessandro

    2005-04-01

    The activity of the Italian nuclear physicists community in the field of Nuclear Astrophysics is reported. The researches here described have been performed within the project "Fisica teorica del nucleo e dei sistemi a multi corpi", supported by the Ministero dell'Istruzione, dell'Università e della Ricerca.

  1. Can shale safely host US nuclear waste?

    Science.gov (United States)

    Neuzil, C.E.

    2013-01-01

    "Even as cleanup efforts after Japan’s Fukushima disaster offer a stark reminder of the spent nuclear fuel (SNF) stored at nuclear plants worldwide, the decision in 2009 to scrap Yucca Mountain as a permanent disposal site has dimmed hope for a repository for SNF and other high-level nuclear waste (HLW) in the United States anytime soon. About 70,000 metric tons of SNF are now in pool or dry cask storage at 75 sites across the United States [Government Accountability Office, 2012], and uncertainty about its fate is hobbling future development of nuclear power, increasing costs for utilities, and creating a liability for American taxpayers [Blue Ribbon Commission on America’s Nuclear Future, 2012].However, abandoning Yucca Mountain could also result in broadening geologic options for hosting America’s nuclear waste. Shales and other argillaceous formations (mudrocks, clays, and similar clay-rich media) have been absent from the U.S. repository program. In contrast, France, Switzerland, and Belgium are now planning repositories in argillaceous formations after extensive research in underground laboratories on the safety and feasibility of such an approach [Blue Ribbon Commission on America’s Nuclear Future, 2012; Nationale Genossenschaft für die Lagerung radioaktiver Abfälle (NAGRA), 2010; Organisme national des déchets radioactifs et des matières fissiles enrichies, 2011]. Other nations, notably Japan, Canada, and the United Kingdom, are studying argillaceous formations or may consider them in their siting programs [Japan Atomic Energy Agency, 2012; Nuclear Waste Management Organization (NWMO), (2011a); Powell et al., 2010]."

  2. No 2943. Project of law relative to nuclear transparency and safety; N. 2943. Projet de loi relatif a la transparence et a la securite en matiere nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-03-15

    This project of law comprises 5 titles dealing with: 1 - general dispositions: definition and scope of nuclear safety, security, radiation protection, operators liability, facilities in concern; 2 - the high nuclear safety authority: role and duties; 3 - public information in the domain of nuclear safety and radiation protection: information right of the public, local information commissions, high committee for nuclear safety transparency and information; 4 - basic nuclear facilities and transport of radioactive materials: applicable rules, police controls and measures, penal dispositions (investigations, sanctions); 5 - miscellaneous dispositions: changes made with respect to previous legislative texts. (J.S.)

  3. Nuclear stress test

    Science.gov (United States)

    ... Persantine stress test; Thallium stress test; Stress test - nuclear; Adenosine stress test; Regadenoson stress test; CAD - nuclear stress; Coronary artery disease - nuclear stress; Angina - nuclear ...

  4. Nuclear questions

    Energy Technology Data Exchange (ETDEWEB)

    Durrani, M. [Physics World (United Kingdom)

    2006-01-01

    The future of nuclear power has returned to centre stage. Freezing weather on both sides of the Atlantic and last month's climate-change talks in Montreal have helped to put energy and the future of nuclear power right back on the political agenda. The issue is particularly pressing for those countries where existing nuclear stations are reaching the end of their lives. In the UK, prime minister Tony Blair has commissioned a review of energy, with a view to deciding later this year whether to build new nuclear power plants. The review comes just four years after the Labour government published a White Paper on energy that said the country should keep the nuclear option open but did not follow this up with any concrete action. In Germany, new chancellor and former physicist Angela Merkel is a fan of nuclear energy and had said she would extend the lifetime of its nuclear plants beyond 2020, when they are due to close. However, that commitment has had to be abandoned, at least for the time being, following negotiations with her left-wing coalition partners. The arguments in favour of nuclear power will be familiar to all physicists - it emits almost no carbon dioxide and can play a vital role in maintaining a diverse energy supply. To over-rely on imported supplies of oil and gas can leave a nation hostage to fortune. The arguments against are equally easy to list - the public is scared of nuclear power, it generates dangerous waste with potentially huge clean-up costs, and it is not necessarily cheap. Nuclear plants could also be a target for terrorist attacks. Given political will, many of these problems can be resolved, or at least tackled. China certainly sees the benefits of nuclear power, as does Finland, which is building a new 1600 MW station - the world's most powerful - that is set to open in 2009. Physicists, of course, are essential to such developments. They play a vital role in ensuring the safety of such plants and developing new types of

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

    Directory of Open Access Journals (Sweden)

    Hui-qiang Ma

    2015-01-01

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

  6. 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.

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

    Institute of Scientific and Technical Information of China (English)

    李果; 黄焜; 姚琦; 马士华

    2013-01-01

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

  8. 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.

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

    Science.gov (United States)

    Kumashiro, Madoka; Sedikides, Constantine

    2005-09-01

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

  10. 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.

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

    NARCIS (Netherlands)

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

    2013-01-01

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

  12. 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,...

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

    NARCIS (Netherlands)

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

    2013-01-01

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

  14. 75 FR 76079 - Purchase of Branch Office(s) and/or Transfer of Assets/Liabilities

    Science.gov (United States)

    2010-12-07

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

  15. 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...

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

    OpenAIRE

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

    2010-01-01

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

  17. 26 CFR 1.752-6 - Partnership assumption of partner's section 358(h)(3) liability after October 18, 1999, and...

    Science.gov (United States)

    2010-04-01

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

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

    Institute of Scientific and Technical Information of China (English)

    周欣超

    2011-01-01

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

  19. 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.

  20. Nuclear Physics

    CERN Document Server

    Savage, Martin J

    2016-01-01

    Lattice QCD is making good progress toward calculating the structure and properties of light nuclei and the forces between nucleons. These calculations will ultimately refine the nuclear forces, particularly in the three- and four-nucleon sector and the short-distance interactions of nucleons with electroweak currents, and allow for a reduction of uncertainties in nuclear many-body calculations of nuclei and their reactions. After highlighting their importance, particularly to the Nuclear Physics and High-Energy Physics experimental programs, I discuss the progress that has been made toward achieving these goals and the challenges that remain.

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

    Directory of Open Access Journals (Sweden)

    Farideh Derakhshan

    2014-06-01

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

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

    Directory of Open Access Journals (Sweden)

    GABRIEL BOROI

    2012-05-01

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

  3. 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.

  4. 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.

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

    OpenAIRE

    James Alm; Melnik, Mikhail I.

    2012-01-01

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

  6. 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

  7. Reserves for shutdown/dismantling and disposal in nuclear technology. Theses and recommendations on reform options; Rueckstellungen fuer Stilllegung/Rueckbau und Entsorgung im Atombereich. Thesen und Empfehlungen zu Reformoptionen

    Energy Technology Data Exchange (ETDEWEB)

    Meyer, Bettina [Forum Oekologisch-Soziale Marktwirtschaft e.V. (FOeS), Berlin (Germany). Green Budget Germany (GBG)

    2012-04-11

    The study on reserves for shutdown, dismantling and disposal of nuclear facilities covers the following topics: cost for shutdown, dismantling and disposal and amount and transparency of nuclear reserves, solution by y stock regulated by public law for long-term liabilities, and improvement of the protection in the event of insolvency for the remaining EVU reserves for short- and intermediate-term liabilities. The appendix includes estimations and empirical values for the cost of shutdown and dismantling, estimation of disposal costs, and a summary of Swiss studies on dismantling and disposal and transfer to Germany.

  8. Nuclear reaction

    CERN Multimedia

    Penwarden, C

    2001-01-01

    At the European Research Organization for Nuclear Research, Nobel laureates delve into the mysteries of particle physics. But when they invited artists from across the continent to visit their site in Geneva, they wanted a new kind of experiment.

  9. Nuclear Disarmament.

    Science.gov (United States)

    Johnson, Christopher

    1982-01-01

    Material about nuclear disarmament and the arms race should be included in secondary school curricula. Teachers can present this technical, controversial, and frightening material in a balanced and comprehensible way. Resources for instructional materials are listed. (PP)

  10. Nuclear Data

    Energy Technology Data Exchange (ETDEWEB)

    White, Morgan C. [Los Alamos National Lab. (LANL), Los Alamos, NM (United States)

    2014-01-23

    PowerPoint presentation targeted for educational use. Nuclear data comes from a variety of sources and in many flavors. Understanding where the data you use comes from and what flavor it is can be essential to understand and interpret your results. This talk will discuss the nuclear data pipeline with particular emphasis on providing links to additional resources that can be used to explore the issues you will encounter.

  11. Nuclear Structure

    Science.gov (United States)

    Gargano, Angela

    2003-04-01

    An account of recent studies in the field of theoretical nuclear structure is reported. These studies concern essentially research activities performed under the Italian project "Fisica Teorica del Nucleo e dei Sistemi a Molti Corpi". Special attention is addressed to results obtained during the last two years as regards the development of new many-body techniques as well as the interpretation of new experimental aspects of nuclear structure.

  12. Nuclear astrophysics

    Energy Technology Data Exchange (ETDEWEB)

    Arnould, M. [Institut d' Astronomie et d' Astrophysique, Universite Libre de Bruxelles, Bruxelles (Belgium); Takahashi, K. [Max-Planck-Institut fuer Astrophysik, Garching (Germany)

    1999-03-01

    Nuclear astrophysics is that branch of astrophysics which helps understanding of the Universe, or at least some of its many faces, through the knowledge of the microcosm of the atomic nucleus. It attempts to find as many nuclear physics imprints as possible in the macrocosm, and to decipher what those messages are telling us about the varied constituent objects in the Universe at present and in the past. In the last decades much advance has been made in nuclear astrophysics thanks to the sometimes spectacular progress made in the modelling of the structure and evolution of the stars, in the quality and diversity of the astronomical observations, as well as in the experimental and theoretical understanding of the atomic nucleus and of its spontaneous or induced transformations. Developments in other subfields of physics and chemistry have also contributed to that advance. Notwithstanding the accomplishment, many long-standing problems remain to be solved, and the theoretical understanding of a large variety of observational facts needs to be put on safer grounds. In addition, new questions are continuously emerging, and new facts endangering old ideas. This review shows that astrophysics has been, and still is, highly demanding to nuclear physics in both its experimental and theoretical components. On top of the fact that large varieties of nuclei have to be dealt with, these nuclei are immersed in highly unusual environments which may have a significant impact on their static properties, the diversity of their transmutation modes, and on the probabilities of these modes. In order to have a chance of solving some of the problems nuclear astrophysics is facing, the astrophysicists and nuclear physicists are obviously bound to put their competence in common, and have sometimes to benefit from the help of other fields of physics, like particle physics, plasma physics or solid-state physics. Given the highly varied and complex aspects, we pick here some specific nuclear

  13. Nuclear astrophysics

    Science.gov (United States)

    Arnould, M.; Takahashi, K.

    1999-03-01

    Nuclear astrophysics is that branch of astrophysics which helps understanding of the Universe, or at least some of its many faces, through the knowledge of the microcosm of the atomic nucleus. It attempts to find as many nuclear physics imprints as possible in the macrocosm, and to decipher what those messages are telling us about the varied constituent objects in the Universe at present and in the past. In the last decades much advance has been made in nuclear astrophysics thanks to the sometimes spectacular progress made in the modelling of the structure and evolution of the stars, in the quality and diversity of the astronomical observations, as well as in the experimental and theoretical understanding of the atomic nucleus and of its spontaneous or induced transformations. Developments in other subfields of physics and chemistry have also contributed to that advance. Notwithstanding the accomplishment, many long-standing problems remain to be solved, and the theoretical understanding of a large variety of observational facts needs to be put on safer grounds. In addition, new questions are continuously emerging, and new facts endangering old ideas. This review shows that astrophysics has been, and still is, highly demanding to nuclear physics in both its experimental and theoretical components. On top of the fact that large varieties of nuclei have to be dealt with, these nuclei are immersed in highly unusual environments which may have a significant impact on their static properties, the diversity of their transmutation modes, and on the probabilities of these modes. In order to have a chance of solving some of the problems nuclear astrophysics is facing, the astrophysicists and nuclear physicists are obviously bound to put their competence in common, and have sometimes to benefit from the help of other fields of physics, like particle physics, plasma physics or solid-state physics. Given the highly varied and complex aspects, we pick here some specific nuclear

  14. Nuclear Nonproliferation

    Energy Technology Data Exchange (ETDEWEB)

    Atkins-Duffin, C E

    2008-12-10

    With an explosion equivalent of about 20kT of TNT, the Trinity test was the first demonstration of a nuclear weapon. Conducted on July 16, 1945 in Alamogordo, NM this site is now a Registered National Historic Landmark. The concept and applicability of nuclear power was demonstrated on December 20, 1951 with the Experimental Breeder Reactor Number One (EBR-1) lit four light bulbs. This reactor is now a Registered National Historic Landmark, located near Arco, ID. From that moment forward it had been clearly demonstrated that nuclear energy has both peaceful and military applications and that the civilian and military fuel cycles can overlap. For the more than fifty years since the Atoms for Peace program, a key objective of nuclear policy has been to enable the wider peaceful use of nuclear energy while preventing the spread of nuclear weapons. Volumes have been written on the impact of these two actions on the world by advocates and critics; pundits and practioners; politicians and technologists. The nations of the world have woven together a delicate balance of treaties, agreements, frameworks and handshakes that are representative of the timeframe in which they were constructed and how they have evolved in time. Collectively these vehicles attempt to keep political will, nuclear materials and technology in check. This paper captures only the briefest abstract of the more significant aspects on the Nonproliferation Regime. Of particular relevance to this discussion is the special nonproliferation sensitivity associated with the uranium isotope separation and spent fuel reprocessing aspects of the nuclear fuel cycle.

  15. The Fukushima Nuclear Power Station incident and marine pollution.

    Science.gov (United States)

    Chang, Yen-Chiang; Zhao, Yue

    2012-05-01

    Based on the facts relating to the radioactive wastewater discharged by the Fukushima Nuclear Power Station in Japan, this paper intends to explore the international legal obligations for Japan from three perspectives, namely, the immediate notification, the prevention of transboundary harm and the prevention of dumping. Furthermore, this article defines and compares two types of international legal liabilities, the traditional state responsibility and the responsibility for transboundary harm. Through comparison, the international legal liability of Japan is discussed. After detailed analysis, the conclusion is that Japan should be responsible for the obligation of immediate notification and since Japan unilaterally discharge the wastes without prior specific permits of other contracting countries, it should also be responsible for the violation of prevention of dumping. Since so far, no material injury has emerged and there would appear to be no culpability as regards the prevention of transboundary harm. Finally, this paper stresses the necessity to develop a worldwide agreement concerning the liability for transboundary harm and to establish an institutional framework for the enforcement of a state's obligations, and also the great significance of international cooperation between nations and organisations in relation to marine environmental protection. Copyright © 2012 Elsevier Ltd. All rights reserved.

  16. Children's (Pediatric) Nuclear Medicine

    Medline Plus

    Full Text Available ... Resources Professions Site Index A-Z Children's (Pediatric) Nuclear Medicine Children’s (pediatric) nuclear medicine imaging uses small ... of Children's Nuclear Medicine? What is Children's (Pediatric) Nuclear Medicine? Nuclear medicine is a branch of medical ...

  17. Children's (Pediatric) Nuclear Medicine

    Medline Plus

    Full Text Available ... News Physician Resources Professions Site Index A-Z Children's (Pediatric) Nuclear Medicine Children’s (pediatric) nuclear medicine imaging ... the limitations of Children's Nuclear Medicine? What is Children's (Pediatric) Nuclear Medicine? Nuclear medicine is a branch ...

  18. General Nuclear Medicine

    Science.gov (United States)

    ... Physician Resources Professions Site Index A-Z General Nuclear Medicine Nuclear medicine imaging uses small amounts of ... limitations of General Nuclear Medicine? What is General Nuclear Medicine? Nuclear medicine is a branch of medical ...

  19. Children's (Pediatric) Nuclear Medicine

    Medline Plus

    Full Text Available ... Resources Professions Site Index A-Z Children's (Pediatric) Nuclear Medicine Children’s (pediatric) nuclear medicine imaging uses small ... of Children's Nuclear Medicine? What is Children's (Pediatric) Nuclear Medicine? Nuclear medicine is a branch of medical ...

  20. Children's (Pediatric) Nuclear Medicine

    Medline Plus

    Full Text Available ... Physician Resources Professions Site Index A-Z Children's (Pediatric) Nuclear Medicine Children’s (pediatric) nuclear medicine imaging uses ... limitations of Children's Nuclear Medicine? What is Children's (Pediatric) Nuclear Medicine? Nuclear medicine is a branch of ...

  1. Children's (Pediatric) Nuclear Medicine

    Medline Plus

    Full Text Available ... Professions Site Index A-Z Children's (Pediatric) Nuclear Medicine Children’s (pediatric) nuclear medicine imaging uses small amounts ... Children's Nuclear Medicine? What is Children's (Pediatric) Nuclear Medicine? Nuclear medicine is a branch of medical imaging ...

  2. Children's (Pediatric) Nuclear Medicine

    Science.gov (United States)

    ... Professions Site Index A-Z Children's (Pediatric) Nuclear Medicine Children’s (pediatric) nuclear medicine imaging uses small amounts ... Children's Nuclear Medicine? What is Children's (Pediatric) Nuclear Medicine? Nuclear medicine is a branch of medical imaging ...

  3. An overview of the insurance of nuclear power plants

    Energy Technology Data Exchange (ETDEWEB)

    Tannion, T.

    2011-07-01

    Insurance is the transfer of financial risk. It is used to offset losses on the happening of a contingent and uncertain event. It is, in effect, the transfer of the financial risk of a loss, from one entity to another, in exchange for the payment of a premium. In the interest of brevity, this paper does not address the issue of civil liabilities applying to the operation of nuclear power plants and arising out of the Paris or Vienna Conventions or any of the protocols thereto. For detailed information on these, please refer to the IAEA or WNA web sites. (Author)

  4. 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

  5. Hosting providers' liability: Cour de cassation puts an end to the notice and stay down rule

    NARCIS (Netherlands)

    Jasserand, C.

    2013-01-01

    In applying the rules on hosting providers' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was c

  6. 48 CFR 1852.228-76 - Cross-waiver of liability for space station activities.

    Science.gov (United States)

    2010-10-01

    ... for space station activities. 1852.228-76 Section 1852.228-76 Federal Acquisition Regulations System... CLAUSES Texts of Provisions and Clauses 1852.228-76 Cross-waiver of liability for space station activities... Space Station Activities (DEC 1994) (a) The Intergovernmental Agreement for the Space Station contains...

  7. 26 CFR 31.3202-1 - Collection of, and liability for, employee tax.

    Science.gov (United States)

    2010-04-01

    ... (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Railroad Retirement Tax Act (Chapter 22, Internal Revenue Code of 1954) Tax on Employees... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Collection of, and liability for, employee tax...

  8. Competition Reduces X-Inefficiency : A Note on a Limited Liability Mechanism

    NARCIS (Netherlands)

    Stennek, M.J.

    1995-01-01

    The study illustrates that a financial restriction may serve as a disciplining device on the internal efficiency of a firm, and that the disciplining power is higher the tougher the product market competition is. The financial restriction is modeled as a limited liability constraint, that is a non-n

  9. 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.

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

    NARCIS (Netherlands)

    A. Chen; M. Suchanecki

    2007-01-01

    The topic of insolvency risk in connection with life insurance companies has recently attracted a great deal of attention. In this paper, the question is investigated of how the values of the equity and of the liability of a life insurance company are affected by the default risk and the choice of t

  11. Liabilities of the competent person for radiation protection; Les responsabilites de la personne competente en radioprotection

    Energy Technology Data Exchange (ETDEWEB)

    Bizet, A. [Autorite de Surete Nucleaire, 75 - Paris (France)

    2008-10-15

    The article R. 4456-1 of the Labour code requires employer to appoint a competent person for radiation protection (C.P.R.). Although the prerogatives of the CPR are exercised under the responsibility of the employer, the traditional rules of questioning the liability apply to the employer as well as to the C.P.R.. For the civil liability, the object of which is to guarantee the compensation of damage by its author, but also for the criminal liability, which aims at punishing an illegal behaviour, the C.P.R. does not escape these traditional rules which, however, apply in a particular way considering the daily missions of the C.P.R.. If the responsibility of the employer is more questioned, notably because of the authority he/she exercises on his/her employee, the C.P.R. must not be considered as irresponsible regarding civil and penal requirements; the C.P.R. may indeed be questioned by an employee victim of damage. The activity of the C.P.R. (and thus the cases allowing the questioning of its liability) rests widely on the means which it has and the context in which it discharges its missions. Moreover the judge does take into account the resources which an agent has to judge his responsibility. Thus, the relations of the C.P.R. with other actors of the radiation protection, internal or external in the establishment, are determining. (author)

  12. 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.

  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. 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.…

  15. 78 FR 8821 - Abandoned Mine Land Reclamation Program; Limited Liability for Noncoal Reclamation by Certified...

    Science.gov (United States)

    2013-02-06

    ... SMCRA, states (and, after amendment of the Act in 1987, the Navajo, Hopi, and Crow Indian tribes) that... Reclamation by Certified States and Indian Tribes; Proposed Rule #0;#0;Federal Register / Vol. 78 , No. 25... Reclamation Program; Limited Liability for Noncoal Reclamation by Certified States and Indian Tribes AGENCY...

  16. 42 CFR 418.402 - Individual liability for services that are not considered hospice care.

    Science.gov (United States)

    2010-10-01

    ... considered hospice care. 418.402 Section 418.402 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM HOSPICE CARE Coinsurance § 418.402 Individual liability for services that are not considered hospice care. Medicare payment to the...

  17. 40 CFR 80.30 - Liability for violations of diesel fuel control and prohibitions.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations of diesel fuel control and prohibitions. 80.30 Section 80.30 Protection of Environment ENVIRONMENTAL PROTECTION... the corporate, trade or brand name of a refiner or any of its marketing subsidiaries, the...

  18. 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...

  19. 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...

  20. An asset and liability management (ALM) model using integrated chance constraints

    Science.gov (United States)

    Hussin, Siti Aida Sheikh; Mitra, Gautam; Roman, Diana

    2014-12-01

    This paper discusses and develops a Two Stage Integrated Chance Constraints Programming for the Employees Provident Fund Malaysia. The main aim is to manage, that is, balance assets and liabilities. Integrated Chance Constraints not only limit the event of underfunding but also the amount of underfunding. This paper includes the numerical illustration.

  1. 26 CFR 31.3505-1 - Liability of third parties paying or providing for wages.

    Science.gov (United States)

    2010-04-01

    ... Federal Insurance Contributions Act), section 3202 (relating to deduction of tax from compensation under... liability by appropriate civil proceedings commenced within 10 years after assessment of the tax against the... section does not relieve the employer of the responsibilities imposed upon him to file the returns...

  2. A Secure Framework for Discovering the Liabilities of a Network Server

    Directory of Open Access Journals (Sweden)

    Ulya Sabeel

    2014-12-01

    Full Text Available The role of network and information systems is increasing in our day today infrastructures that provide critical services like banking and commerce applications, telecommunications, distribution, transportation, etc. This increases the levels of dependability on such applications, which brings about several pros and cons as well. If these infrastructures are damaged, it can compromise the availability of the critical services. Thus, it is the need of the hour to secure the available network and information systems from malicious attacks. In this paper, we have proposed a secure technique named as Network Liability Detection (NLD and a software we named as Network Liability Tool (NLT, that points out the liabilities or vulnerabilities of your system that can be exploited to compromise its security. We propose a model based approach where the behavior of each component of the system is carefully monitored to find out the well known as well as as-yet-unknown loopholes in the system. A prototype of the application is built in Windows Platform using Java, to demonstrate the entire functioning of this system and helps in solving the security related loopholes in the network servers. The speculative results affirm that the proposed technique is effective in detecting the liabilities of the network servers.

  3. 48 CFR 36.608 - Liability for Government costs resulting from design errors or deficiencies.

    Science.gov (United States)

    2010-10-01

    ... costs resulting from design errors or deficiencies. 36.608 Section 36.608 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION SPECIAL CATEGORIES OF CONTRACTING CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Architect-Engineer Services 36.608 Liability for Government costs resulting from...

  4. Ethical and legal issues regarding the action and knowledge of orthodontists before civil liability

    Directory of Open Access Journals (Sweden)

    Luíza Valéria de Abreu Maia

    2014-10-01

    Full Text Available This study evaluated the ethical and legal conducts of orthodontists regarding the professional/patient relationship, documentation used and degree of knowledge on the professional liability during the exercise of their specialty. This study sought to assess whether the time since graduation of the dentist as an expert interfered with their knowledge degree about the dental professional liability. The object population of the present study consisted of 56 dental surgeons, specialized in orthodontics, from the city of Belo Horizonte, Minas Gerais State, Brazil. The research was carried out using a survey addressed to these professionals, and descriptive statistics of the data. Chi-square test was used to check independence between factors and comparisons of proportions.  100% interviewed professionals request orthodontic documentation prior to the start of treatment; 71.5% request final documentation; 91% professionals affirmed they file this documentation; however, only 21.4% keep records for over 20 years; and most professionals (86% use some sort of contract at the start of treatment, and a small percentage (30.4% regard the liability of orthodontists as objective. It can be concluded that the interviewed professionals should acquire a higher level of knowledge regarding the professional liability and current legislation involving dental surgeons.

  5. 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

  6. Distribution of Criminal Liability between the Legal and Physical Entity at EU Level

    Directory of Open Access Journals (Sweden)

    Monica Pocora

    2016-08-01

    Full Text Available At legislative level, a crucial question looking for the answer regards the distribution of the liability between the physical and legal entity and structuring the relation between the liabilities of their obligations. On a practical level, in the case of a crime committed as a result of faulty organizational policy, the question looks for an answer to whom should be held accountable: the individual whose actions has caused directly the breaking of the law, the employer or legal entity that has issued policies or indications based on which the individual acted, both individual and legal entity, or none. The EU jurisdictions still face these questions when putting into practice the institution of criminal liability of legal entities. (Mongilo, 2012 The judicial practice, however, is still poor or non-existent in most states. This paper aims at providing answers as close to harmonize the legislation with practice, and also the reason for which the legislator has established the criminal liability of the two entities.

  7. 26 CFR 31.3102-3 - Collection of, and liability for, employee tax on tips.

    Science.gov (United States)

    2010-04-01

    ... TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Collection of, and liability for, employee...

  8. 26 CFR 31.3102-1 - Collection of, and liability for, employee tax; in general.

    Science.gov (United States)

    2010-04-01

    ... TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Collection of, and liability for, employee...

  9. European legal developments in product liability and product safety and the Total Quality Management approach

    NARCIS (Netherlands)

    Brack, A.; 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 an

  10. Variance and covariance components for liability of piglet survival during different periods

    DEFF Research Database (Denmark)

    Su, G; Sorensen, D; Lund, M S

    2008-01-01

    Variance and covariance components for piglet survival in different periods were estimated from individual records of 133 004 Danish Landrace piglets and 89 928 Danish Yorkshire piglets, using a liability threshold model including both direct and maternal additive genetic effects. At the individual...

  11. 12 CFR 303.245 - Waiver of liability for commonly controlled depository institutions.

    Science.gov (United States)

    2010-01-01

    ... controlled depository institutions. (a) Scope. Section 5(e) of the FDI Act (12 U.S.C. 1815(e)) creates...)(6), (7) and (8), the FDI Act also permits the FDIC, in its discretion, to exempt any insured... liability pursuant to section 5 of the FDI Act (12 U.S.C. 1815(e)(5)(A)). (b) Definition. Conditional...

  12. 29 CFR 4219.31 - Overdue and defaulted withdrawal liability; overpayment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Overdue and defaulted withdrawal liability; overpayment. 4219.31 Section 4219.31 Labor Regulations Relating to Labor (Continued) PENSION BENEFIT GUARANTY... initiation of arbitration; or (iii) If arbitration is timely initiated either by the plan, the employer or...

  13. How Foreignness can be an Asset and a Liability for Firms

    DEFF Research Database (Denmark)

    Zimmermann, Jörg; Sofka, Wolfgang

    2014-01-01

    Many modern firms compete globally. However, research is inconclusive on whether foreignness provides an asset or a liability in competition with domestic firms. We argue that foreign MNC subsidiaries are not per se advantaged or disadvantaged. We suggest that the distinction originates from...

  14. 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…

  15. 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…

  16. 27 CFR 40.287 - Remission of tax liability on shortage.

    Science.gov (United States)

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 2 2010-04-01 2010-04-01 false Remission of tax liability on shortage. 40.287 Section 40.287 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY (CONTINUED) TOBACCO MANUFACTURE OF TOBACCO PRODUCTS, CIGARETTE PAPERS AND TUBES, AND PROCESSED...

  17. 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

  18. Neurodevelopmental liability to schizophrenia: the complex mediating role of age at onset and premorbid adjustment

    NARCIS (Netherlands)

    Goldberg, X.; Fatjó-Vilas, M.; Penadés, M.; Miret, S.; Muñoz, M.J.; Vossen, H.; Fañanás, L.

    2011-01-01

    Large individual variation in the clinical presentation of schizophrenia-spectrum disorders raises key questions regarding their aetiological underpinnings. In this respect, age at onset of the disorder is a particularly interesting marker of liability, as it has been reported to be associated with

  19. 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

  20. 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…

  1. 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.

  2. Neurodevelopmental liability to schizophrenia: the complex mediating role of age at onset and premorbid adjustment

    NARCIS (Netherlands)

    Goldberg, X.; Fatjó-Vilas, M.; Penadés, M.; Miret, S.; Muñoz, M.J.; Vossen, H.; Fañanás, L.

    2011-01-01

    Large individual variation in the clinical presentation of schizophrenia-spectrum disorders raises key questions regarding their aetiological underpinnings. In this respect, age at onset of the disorder is a particularly interesting marker of liability, as it has been reported to be associated with

  3. 29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

    Science.gov (United States)

    2010-07-01

    ... by such employee is relieved from liability or punishment therefor if, and only if, such activities... 1938 Provisions Relating to Certain Activities Engaged in by Employees on Or After May 14, 1947 § 790.4... above, applies to situations where an employee, on or after May 14, 1974, has engaged in activities...

  4. The future of foreign direct liability? Exploring the international relevance of the Dutch Shell Nigeria case

    NARCIS (Netherlands)

    Enneking, Liesbeth; Sub Burgelijk Recht; UCALL / Aansprakelijkheid en verantwoordelijkheid

    2014-01-01

    In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a nu

  5. The future of foreign direct liability? : Exploring the international relevance of the Dutch Shell Nigeria case

    NARCIS (Netherlands)

    Enneking, Liesbeth

    2014-01-01

    In January 2013, the The Hague district court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to

  6. Liability to disgorge profits upon breach of contract or a delict

    NARCIS (Netherlands)

    Schrage, E.J.H.

    2013-01-01

    Remedies regarding contract and tort are, generally speaking, concerned with the incidence of liability for loss or damage suffered, whereas the claim in unjust enrichment is said to require that the enrichment has occurred at the expense of the creditor. Consequently claims for breach of contract a

  7. Integration of Social Sciences in Nuclear Research

    Energy Technology Data Exchange (ETDEWEB)

    Bovy, M.; Eggermont, G

    2002-04-01

    In 1998, SCK-CEN initiated a programme to integrate social sciences into its scientific and technological projects. Activities were started on the following issues: (1) sustainable development; (2) ethics and decision making in nuclear waste management (transgenerational ethics/retrievability; socio-psychological aspect and local involvement); (3) law and liability (medical applications and the basic safety standards implementation); (4) decision making (emergency management); safety culture; ALARA and ethical choices in protection). Two working groups were created to discuss two broad items: (1) ethical choices in radiation protection; and (2) the role and culture of the expert. Progress and major achievements in SCK-CEN's social science programme in 2001 are summarised.

  8. 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.

  9. Nuclear scales

    Energy Technology Data Exchange (ETDEWEB)

    Friar, J.L.

    1998-12-01

    Nuclear scales are discussed from the nuclear physics viewpoint. The conventional nuclear potential is characterized as a black box that interpolates nucleon-nucleon (NN) data, while being constrained by the best possible theoretical input. The latter consists of the longer-range parts of the NN force (e.g., OPEP, TPEP, the {pi}-{gamma} force), which can be calculated using chiral perturbation theory and gauged using modern phase-shift analyses. The shorter-range parts of the force are effectively parameterized by moments of the interaction that are independent of the details of the force model, in analogy to chiral perturbation theory. Results of GFMC calculations in light nuclei are interpreted in terms of fundamental scales, which are in good agreement with expectations from chiral effective field theories. Problems with spin-orbit-type observables are noted.

  10. Nuclear Scales

    CERN Document Server

    Friar, J L

    1998-01-01

    Nuclear scales are discussed from the nuclear physics viewpoint. The conventional nuclear potential is characterized as a black box that interpolates nucleon-nucleon (NN) data, while being constrained by the best possible theoretical input. The latter consists of the longer-range parts of the NN force (e.g., OPEP, TPEP, the $\\pi$-$\\gamma$ force), which can be calculated using chiral perturbation theory and gauged using modern phase-shift analyses. The shorter-range parts of the force are effectively parameterized by moments of the interaction that are independent of the details of the force model, in analogy to chiral perturbation theory. Results of GFMC calculations in light nuclei are interpreted in terms of fundamental scales, which are in good agreement with expectations from chiral effective field theories. Problems with spin-orbit-type observables are noted.

  11. Nuclear astrophysics

    CERN Document Server

    Arnould, M

    1999-01-01

    Nuclear astrophysics is that branch of astrophysics which helps understanding some of the many facets of the Universe through the knowledge of the microcosm of the atomic nucleus. In the last decades much advance has been made in nuclear astrophysics thanks to the sometimes spectacular progress in the modelling of the structure and evolution of the stars, in the quality and diversity of the astronomical observations, as well as in the experimental and theoretical understanding of the atomic nucleus and of its spontaneous or induced transformations. Developments in other sub-fields of physics and chemistry have also contributed to that advance. Many long-standing problems remain to be solved, however, and the theoretical understanding of a large variety of observational facts needs to be put on safer grounds. In addition, new questions are continuously emerging, and new facts endanger old ideas. This review shows that astrophysics has been, and still is, highly demanding to nuclear physics in both its experime...

  12. Nuclear Models

    Science.gov (United States)

    Fossión, Rubén

    2010-09-01

    The atomic nucleus is a typical example of a many-body problem. On the one hand, the number of nucleons (protons and neutrons) that constitute the nucleus is too large to allow for exact calculations. On the other hand, the number of constituent particles is too small for the individual nuclear excitation states to be explained by statistical methods. Another problem, particular for the atomic nucleus, is that the nucleon-nucleon (n-n) interaction is not one of the fundamental forces of Nature, and is hard to put in a single closed equation. The nucleon-nucleon interaction also behaves differently between two free nucleons (bare interaction) and between two nucleons in the nuclear medium (dressed interaction). Because of the above reasons, specific nuclear many-body models have been devised of which each one sheds light on some selected aspects of nuclear structure. Only combining the viewpoints of different models, a global insight of the atomic nucleus can be gained. In this chapter, we revise the the Nuclear Shell Model as an example of the microscopic approach, and the Collective Model as an example of the geometric approach. Finally, we study the statistical properties of nuclear spectra, basing on symmetry principles, to find out whether there is quantum chaos in the atomic nucleus. All three major approaches have been rewarded with the Nobel Prize of Physics. In the text, we will stress how each approach introduces its own series of approximations to reduce the prohibitingly large number of degrees of freedom of the full many-body problem to a smaller manageable number of effective degrees of freedom.

  13. 共同侵权人承担连带责任的法理分析%On the Legal Principle of Contributory Infringers's Bearing Joint Liability

    Institute of Scientific and Technical Information of China (English)

    姬新江

    2011-01-01

    共同侵权行为的民事责任,可分为外部责任和内部责任,外部责任即连带责任。连带责任承担以后就涉及到内部责任的分担和求偿问题。立法应针对不同的情况,综合考虑合理确定侵权行为人承担民事责任赔偿的份额。%The civil liability of tortious conduct of two or more persons can be divided into external liability and internal liability, External liability refers to joint liability. Bearing joint liability involves the sharing of internal liability and compensation

  14. Nuclear Assessment

    Institute of Scientific and Technical Information of China (English)

    CHARLES K.EBINGER; JOHN P.BANKS

    2010-01-01

    @@ In President Barack Obama's State of the Union address in January 2009,he called for the building of "a new generation of safe,clean nuclear power plants" This was followed by his highprofile speech in Prague in April 2009,in which he noted the need "to harness the power of nuclear energy on behalf of our efforts to combat climate change."In December 2009 in Copenhagen,he pledged the United States will reduce carbon dioxide (CO2) emissions 17 percent from 2005 levels by 2020.

  15. Nuclear winter or nuclear fall?

    Science.gov (United States)

    Berger, André

    Climate is universal. If a major modern nuclear war (i.e., with a large number of small-yield weapons) were to happen, it is not even necessary to have a specific part of the world directly involved for there to be cause to worry about the consequences for its inhabitants and their future. Indeed, smoke from fires ignited by the nuclear explosions would be transported by winds all over the world, causing dark and cold. According to the first study, by Turco et al. [1983], air surface temperature over continental areas of the northern mid-latitudes (assumed to be the nuclear war theatre) would fall to winter levels even in summer (hence the term “nuclear winter”) and induce drastic climatic conditions for several months at least. The devastating effects of a nuclear war would thus last much longer than was assumed initially. Discussing to what extent these estimations of long-term impacts on climate are reliable is the purpose of this article.

  16. Nuclear Assessment

    Institute of Scientific and Technical Information of China (English)

    CHARLES; K.; EBINGER; JOHN; P.; BANKS

    2010-01-01

    The United States needs a comprehensive policy and market-based solutions to address the challenges and demands of energy provision in President Barack Obama’s State of the Union address in January 2009, he called for the building of "a new generation of safe, clean nuclear power plants." This was followed by his high- profile speech in Prague in April 2009,

  17. Nuclear Science.

    Science.gov (United States)

    Pennsylvania State Dept. of Education, Harrisburg. Bureau of Curriculum Services.

    This document is a report on a course in nuclear science for the high school curriculum. The course is designed to provide a basic but comprehensive understanding of the atom in the light of modern knowledge, and to show how people attempt to harness the tremendous energy liberated through fission and fusion reactions. The course crosses what are…

  18. New international nuclear indemnification regime; Neues internationales Nuklear-Entschaedigungssystem. Bewertungen und Kommentierungen aus deutscher Sicht

    Energy Technology Data Exchange (ETDEWEB)

    Pelzer, N. [Georg-August-Univ., Goettingen (Germany). Inst. fuer Voelkerrecht

    1998-06-01

    The Chernobyl accident triggered reforms in the international laws about indemnification for the consequences of nuclear events. Over a period of ten years, between 1987 and 1997, more than fifty countries negotiated improvements in the existing liability conventions in Vienna. The results were two protocols and a new convention. The new instruments are to introduce a global nuclear liability regime. Although they constitute improvements over the previous legal situation their underlying basic concepts as well as some specific provisions they contain are causes for concern. Whether governments will adopt the new specific provisions is still open for these reasons. The article arrives at the key conclusion that the Federal Republic of Germany, in principle, has satisfactory national liability legislation which is embedded in the Paris Nuclear Liability Convention and the Brussels Supplementary Convention. Consequently, Germany should examine the new conventions without any pressure of time, wait for developments, and decide about accession at a later point in time. (orig.) [Deutsch] Der Tschernobyl-Unfall war Ausloeser fuer Reformen des internationalen Rechts der Entschaedigung fuer die Folgen nulearer Ereignisse. In zehn Jahren von 1987 bis 1997 verhandelten in Wien mehr als fuenfzig Staaten ueber eine Verbesserung der bestehenden Haftungsuebereinkommen. Das Ergebnis waren zwei Protokolle und eine neue Konvention. Die neuen Instrumente zielen auf ein globales nukleares Haftungsregime. Sie bringen zwar Verbesserungen gegenueber der bisherigen Rechtslage, geben aber auch im Hinblick auf ihre Konzeption und manche Einzelregelung Anlass zu Bedenken. Ob die Staaten die neuen Einzelregelungen annehmen werden, ist deshalb noch offen. Die Kernaussage des Beitrags ist, dass die Bundesrepublik Deutschland ein grundsaetzlich befriedigendes nationales Haftungsrecht besitzt, das eingebettet ist in das Pariser Atomhaftungsuebereinkommen und in das Bruesseler Zusatzuebereinkommen

  19. Report on the 14{sup th} regional conference of the German Branch of the International Nuclear Law Association; Aus der Werkstatt des Nuklearrechts. Bericht ueber die 14. Regionaltagung der Deutschen Landesgruppe der AIDN/INLA

    Energy Technology Data Exchange (ETDEWEB)

    Feldmann, Ulrike

    2015-12-15

    The 14th Regional Conference of the German National Group of the Association Internationale du Droit Nucleaire/International Nuclear Law Association was held in Nuremberg on 28 and 29 September 2015. About 100 participants from Germany and abroad participated the conference. The topics of the five Working sessions were: - Turnkey - a viable contractual concept for nuclear new build and decommissioning?; - Access to justice in environmental law and related to international investments disputes; - Nuclear Liability - Latest Developments; - Legal requirements on the final disposal of nuclear waste - a Global overview; - Nuclear Safety in the EU.

  20. 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

  1. The Term Structure of Interest Rates and its Impact on the Liability Adequacy Test for Insurance Companies in Brazil

    National Research Council Canada - National Science Library

    Duarte, Antonio Aurelio; Silva, Aldy Fernandes da; Oliveira, Luciano Vereda; Weffort, Elionor Farah Jreige; Chan, Betty Lilian

    2015-01-01

    The Brazilian regulation for applying the Liability Adequacy Test (LAT) to technical provisions in insurance companies requires that the current estimate is discounted by a term structure of interest rates (hereafter TSIR...

  2. The “Restrictive” Nature of Civil Liability for the Acts of Minors or those under Judicial Interdiction

    Directory of Open Access Journals (Sweden)

    Mirela Costache

    2015-05-01

    Full Text Available In this study we propose a rigorous analysis of article 1372 of the Civil Code, concerning the nature of vicarious tort liability, focusing on the limited situations of implementing those provisions of civil law. Also, we will relate to previous regulation, subjecting the analysis accuracy with which the current legislator has accurately regulated only two of the three phases of the vicarious tort liability, being current until October 2011. The review will only regard the first of the two forms, and namely, the liability for the prejudice caused by the act of a minor or a person under judicial interdiction. From the analysis and interpretation of the three paragraphs of article 1372 we will identify the restrictive nature in applying this form of liability, in the strict interpretation of the described situations.

  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. Nuclear Physics

    Science.gov (United States)

    Contents: V Dinucleons, published in The Physical Review , v93 n4 p908-909, 15 Feb 1954; Concentration of a Cyclotron Beam by Strong Focusing Lenses...published in The Review of Scientific Instruments, v25 n4 p365-367, Apr 1954; and Photon Splitting in a Nuclear Electrostatic Field, published in The Physical Review , v94 n2 p367-368, 15 Apr 1954.

  5. Nuclear Waffles

    CERN Document Server

    Schneider, A S; Briggs, C M; Caplan, M E; Horowitz, C J

    2014-01-01

    The dense neutron-rich matter found in supernovae and neutron stars is expected to form complex nonuniform phases referred to as nuclear pasta. The pasta shapes depend on density, temperature and proton fraction and determine many transport properties in supernovae and neutron star crusts. We use two recently developed hybrid CPU/GPU codes to perform large scale molecular dynamics (MD) simulations with $51200$ and $409600$ nucleons of nuclear pasta. From the output of the MD simulations we characterize the topology and compute two observables, the radial distribution function $g(r)$ and the structure factor $S(q)$, for systems with proton fractions $Y_p=0.10, 0.20, 0.30$ and $0.40$ at about one third of nuclear saturation density and temperatures near $1.0$ MeV. We observe that the two lowest proton fraction systems simulated, $Y_p=0.10$ and $0.20$, equilibrate quickly and form liquid-like structures. Meanwhile, the two higher proton fraction systems, $Y_p=0.30$ and $0.40$, take a longer time to equilibrate a...

  6. Children's (Pediatric) Nuclear Medicine

    Medline Plus

    Full Text Available ... are the limitations of Children's Nuclear Medicine? What is Children's (Pediatric) Nuclear Medicine? Nuclear medicine is a ... of your child's body. top of page How is the procedure performed? Nuclear medicine imaging is usually ...

  7. [Changes in legal status in the field of civil and penal doctor's liability].

    Science.gov (United States)

    Dukiet-Nagórska, T

    1999-01-01

    The author discusses the effects of organization changes in the range of health care, which took place in Poland, on the penal and civil liability of doctors. Her opinion refers also to the amendment of the penal code. The author emphasizes wider than before possibility of the doctor's liability for harm caused to a person or for the infringing of patient's rights. She also draws our attention to the description of offences pertaining to doctors, contained in the new panel code. The author proposes to work out the standards of procedure with the patient (based on the model of treatment standards)--according to the specific nature of particular sections of medicine or clinics. She expresses her conviction about the need to initiate changes in the legal status through the joint actions of doctors and lawyers.

  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. 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.

  10. The Difference GAP – The Main Instrument Used in the Management of Banking Assets and Liabilities

    Directory of Open Access Journals (Sweden)

    Luminita Gabriela Istrate

    2016-01-01

    Full Text Available The analysis of the difference GAP is the main instrument used to manage bank assets and liabilities, to administer the net interest from income and to protect it against interest rate risk and to manage cash flow in the short term. The information obtained from the analysis shall be used either to protect the net income from interest compared to the interest rate change by adjusting the sensitive assets / liabilities or to amend by means of the speculative operations the dimension of the difference GAP, while trying to increase the net income from interest. This is done by means of the speculative use of changes in interest rates which implies an interest rate forecast as close as possible to the market.

  11. Asset and Liability Composition in Participating Life Insurance: The Impact on Shortfall Risk and Shareholder Value

    DEFF Research Database (Denmark)

    Gatzert, Nadine; Bohnert, Alexander; Jørgensen, Peter Løchte

    that supports the life insurer’s various types of guarantees and surplus participation schemes. The aim of this paper is to analyze the impact of asset and liability composition in life insurance including decisions regarding the product portfolio composition, the riskiness of the asset side, and different......Management decisions regarding the asset and liability composition of a life insurance company can have a substantial impact on an insurer’s risk situation. At the same time, they also affect the fair risk-adjusted compensation offered to the company’s equity holders for providing capital...... risk and ensure a fair situation for shareholders. Our findings emphasize that management decisions can have a substantial impact on the company’s shortfall risk, and that their effectiveness in risk reduction varies substantially depending on the surplus appropriation scheme offered to the customer...

  12. 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.

  13. SPECIFIC ACCOUNTING POLICIES ON PUBLIC INSTITUTIONS RELATED TO PROVISIONS, CONTIGENT LIABILITIES AND CONTIGENT ASSETS

    Directory of Open Access Journals (Sweden)

    Ţenovici Cristina Otilia

    2013-04-01

    Full Text Available Nowadays, the activity performed by professional accountants should be transparent and the communication process should be an efficient one so that the data transmitted is relevant and reliable. Such characteristics can become achievable only within a quality accounting referential, based on international accounting standards likely to integrate the public field particularities. The need to obtain comparable and transparent information in the public sector has determined the emergence of IPSAS standards, high quality standards with benefice consequences upon the world economy. The purpose of the disclose study is to analyse the development of accountancy in Romania and the level of accounting harmonization and convergence with IPSAS 19 “Provisions, contingent liabilities and contingent assets”. We are also focusing on performing a comparison between the main characteristics of the disclose national and international regulations, with the mention of resemblances and differences on provisions, contingent liabilities and contingent assets in order to identify the range of convergent and divergent issues.

  14. Electrophysiological findings in a family with Hereditary Neuropathy and Liability to Pressure Palsies

    Directory of Open Access Journals (Sweden)

    S Khosrawi

    2005-05-01

    Full Text Available Hereditary neuropathy with liability to pressure palsies is an autosomal dominant and demyelinative peripheral neuropathy which characterized by reversible episodes of sensorimotor deficits after neural compression injuries. Their clinical hallmarks are recurrent and painless focal neuropathies maintly preceded by minor trauma or compression at entrapment sites of peripheral nerves. We describe multiple compression mononeuropathies in an individual who presented with left sided ulnar palsy after drilling for a period of 8 hours and report neurophysiologic findings in two clinically asymptomatic family members. We believe that this entity may be clinically and neurophysiologically underdiagnosed by orthopaedic surgeons and electromyographers. Electrophysiological abnormalities can be detected even in asymptomatic patients and it should be considered in differential diagnosis of patients with atypical presentations of compression neuropathies. Key Words: Hereditary Neuropathy with liability to Pressure Palsies- Electrodiagnostic tests

  15. 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.

  16. 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.

  17. Schedule of conditions for the personnel formation of category A or B working in nuclear facilities; Cahier des charges pour la formation du personnel de categorie A ou B travaillant dans les installations nucleaires

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    This document describes the main provisions concerning the formation and the radiation and conventional risks protection of A or B category personnel, working in nuclear facilities. It contents the application domain, the applicable documents, the liability, the formation organizations, the formation to the risk prevention, the retraining and the Passerelles formations. (A.L.B.)

  18. On the Legal Liability of the House Violence Demolition%论暴力拆迁的法律责任

    Institute of Scientific and Technical Information of China (English)

    童靖

    2011-01-01

    The acts of house violence Demolition shall be severely punished by a crime or offense.the legal liability has been confirmed by The Urban Housing Demolition Management Regulations.Demolition act of violence shall be investigated by the criminal liability,the administrative liability and the civil liability in accordance with the Constitution and the Laws.To protect the legal liability of the house violence demolition to achieve,it is necessary to strengthen the national institutions' liability,to clear the priority principle to the judiciary.%从法律上讲,房屋暴力拆迁行为已经构成犯罪或违法,应当依法予以严惩。我国《国有土地上房屋征收与补偿条例》确认了暴力拆迁行为的法律责任。本文认为,对于暴力拆迁行为,应当按照宪法与法律的相关规定追究其刑事责任、行政责任和民事责任等。要保障暴力拆迁行为法律责任的实现,有必要转变执法观念、强化国家机关的不作为责任,明确司法机关适用法律优先的权力。

  19. Nuclear photonics

    Science.gov (United States)

    Habs, D.; Günther, M. M.; Jentschel, M.; Thirolf, P. G.

    2012-07-01

    With the planned new γ-beam facilities like MEGa-ray at LLNL (USA) or ELI-NP at Bucharest (Romania) with 1013 γ/s and a band width of ΔEγ/Eγ≈10-3, a new era of γ beams with energies up to 20MeV comes into operation, compared to the present world-leading HIγS facility at Duke University (USA) with 108 γ/s and ΔEγ/Eγ≈3ṡ10-2. In the long run even a seeded quantum FEL for γ beams may become possible, with much higher brilliance and spectral flux. At the same time new exciting possibilities open up for focused γ beams. Here we describe a new experiment at the γ beam of the ILL reactor (Grenoble, France), where we observed for the first time that the index of refraction for γ beams is determined by virtual pair creation. Using a combination of refractive and reflective optics, efficient monochromators for γ beams are being developed. Thus, we have to optimize the total system: the γ-beam facility, the γ-beam optics and γ detectors. We can trade γ intensity for band width, going down to ΔEγ/Eγ≈10-6 and address individual nuclear levels. The term "nuclear photonics" stresses the importance of nuclear applications. We can address with γ-beams individual nuclear isotopes and not just elements like with X-ray beams. Compared to X rays, γ beams can penetrate much deeper into big samples like radioactive waste barrels, motors or batteries. We can perform tomography and microscopy studies by focusing down to μm resolution using Nuclear Resonance Fluorescence (NRF) for detection with eV resolution and high spatial resolution at the same time. We discuss the dominating M1 and E1 excitations like the scissors mode, two-phonon quadrupole octupole excitations, pygmy dipole excitations or giant dipole excitations under the new facet of applications. We find many new applications in biomedicine, green energy, radioactive waste management or homeland security. Also more brilliant secondary beams of neutrons and positrons can be produced.

  20. Executive Compensation and Risk Taking in the Property and Liability Insurance Industry

    OpenAIRE

    Yu-Luen Ma; Ping Wang

    2014-01-01

    Agency theory suggests that granting stock‐based compensation to execu‐tives incentivize risk‐taking by aligning managerial interests with those of the share‐holders. This study examines the relationship between executives’ stock‐basedcompensation and managerial risk‐taking behavior in the property liability insuranceindustry. We calculate the sensitivity of the value of executives’ stock holdings andoption holdings to stock price movement and hypothesize that the more sensitiveexecutives’ pa...

  1. 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.

  2. 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.

  3. Overcoming the Inherent Sources of Liability of Foreignness : Measuring and Compensating the Disadvantage of Being Foreign

    OpenAIRE

    Zimmermann, Jörg

    2009-01-01

    The established theories on the performance of the foreign firm in host country markets raise a puzzle: on the one hand, foreign ventures may be more likely to possess certain advantages that could help them outperform local competitors. On the other hand, foreign ventures suffer a disadvantage stemming from their unfamiliarity with the host market conditions, so-called liability of foreignness. Thus, certain questions arise about the severity of the foreigners disadvantage and the use of com...

  4. Civil liability in sports for commission merchant in Iran’s Law

    Directory of Open Access Journals (Sweden)

    Ahmad Zare

    2016-03-01

    Full Text Available Law as a comprehensive knowledge has applications in multiple aspects of people’s lives and sports isn’t excluded from this realm as well. Lots of legal entities and natural persons are involved in sports that each one of them has a function and as a result of this it is possible that some liabilities arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Noting the professionalization of sports and the extensive attendance of individuals and specifically teens and the youth and also professional athletes in the athletic arena of the country the responsibility of these persons is so heavy since they should direct the whole agents and the subordinates or subdivisions of the sports clubs in several types of sports and age groups until they reach a decent result. If the sports clubs’ managers don’t fulfil their duties and/or fail in their duties or carry out improvident actions and in this alignment any accident happens for persons or they undergo any harm, they will be accountable. There are multiple ways to compensate for the losses that one of which is making use of insurance. Sports clubs managers can create peace of mind for themselves and others by using civil liability insurance and in case of occurrence of any liability make use of it. Expansion and development of Sports and Athletics rights specifically scrutinization of the civil liability in sports will lead to the exaltation and development of sports in Iran.

  5. Civil liability in sports for commission merchant in Iran’s Law

    Directory of Open Access Journals (Sweden)

    Sead Hesam Bostani

    2016-06-01

    Full Text Available Law as a comprehensive knowledge has applications in multiple aspects of people’s lives and sports isn’t excluded from this realm as well. Lots of legal entities and natural persons are involved in sports that each one of them has a function and as a result of this it is possible that some liabilities arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Noting the professionalization of sports and the extensive attendance of individuals and specifically teens and the youth and also professional athletes in the athletic arena of the country the responsibility of these persons is so heavy since they should direct the whole agents and the subordinates or subdivisions of the sports clubs in several types of sports and age groups until they reach a decent result. If the sports clubs’ managers don’t fulfill their duties and/or fail in their duties or carry out improvident actions and in this alignment any accident happens for persons or they undergo any harm, they will be accountable. There are multiple ways to compensate for the losses that one of which is making use of insurance. Sports clubs managers can create peace of mind for themselves and others by using civil liability insurance and in case of occurrence of any liability make use of it. Expansion and development of Sports and Athletics rights specifically scrutinization of the civil liability in sports will lead to the exaltation and development of sports in Iran.

  6. Asset and liability management in the developing countries : modern financial techniques - a primer

    OpenAIRE

    Masuoka, Toshiya

    1990-01-01

    The increased volatility of exchange rates, interest rates, and primary commodity prices over the past two decades has highlighted the importance for developing countries of managing these risks. Asset and liability management - a risk-management technique to systematically control price risks with market-based financial instruments - has been developed and broadly used in the industrial countries. However, its applications to developing countries have been limited. The purpose of this paper ...

  7. 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.

  8. Digital piracy debunked: a short note on digital threats and intermediary liability

    OpenAIRE

    Giancarlo F. Frosio

    2016-01-01

    In the last two decades, the industry has deployed endlessly the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy. Recently, the “digital threat” discourse called for enhanced liability of online intermediaries, especially those whose platforms may be used to infringe copyright. This short paper shows that the “digital threat” discourse is based on shaky grounds. Two related arguments might run against this approach. First, market conditions might in...

  9. Foods are differentially associated with subjective effect report questions of abuse liability.

    Science.gov (United States)

    Schulte, Erica M; Smeal, Julia K; Gearhardt, Ashley N

    2017-01-01

    The current study investigates which foods may be most implicated in addictive-like eating by examining how nutritionally diverse foods relate to loss of control consumption and various subjective effect reports. Subjective effect reports assess the abuse liabilities of substances and may similarly provide insight into which foods may be reinforcing in a manner that triggers an addictive-like response for some individuals. Cross-sectional. Online community. 507 participants (n = 501 used in analyses) recruited through Amazon MTurk. Participants (n = 501) self-reported how likely they were to experience a loss of control over their consumption of 30 nutritionally diverse foods and rated each food on five subjective effect report questions that assess the abuse liability of substances (liking, pleasure, craving, averseness, intensity). Hierarchical cluster analytic techniques were used to examine how foods grouped together based on each question. Highly processed foods, with added fats and/or refined carbohydrates, clustered together and were associated with greater loss of control, liking, pleasure, and craving. The clusters yielded from the subjective effect reports assessing liking, pleasure, and craving were most similar to clusters formed based on loss of control over consumption, whereas the clusters yielded from averseness and intensity did not meaningfully differentiate food items. The present work applies methodology used to assess the abuse liability of substances to understand whether foods may vary in their potential to be associated with addictive-like consumption. Highly processed foods (e.g., pizza, chocolate) appear to be most related to an indicator of addictive-like eating (loss of control) and several subjective effect reports (liking, pleasure, craving). Thus, these foods may be particularly reinforcing and capable of triggering an addictive-like response in some individuals. Future research is warranted to understand whether highly processed

  10. 26 CFR 1.431(c)(6)-1 - Mortality tables used to determine current liability.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 5 2010-04-01 2010-04-01 false Mortality tables used to determine current liability. 1.431(c)(6)-1 Section 1.431(c)(6)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Certain Stock Options § 1.431(c)(6)-1 Mortality tables used to determine current...

  11. Digital piracy debunked: a short note on digital threats and intermediary liability

    OpenAIRE

    Giancarlo F. Frosio

    2016-01-01

    In the last two decades, the industry has deployed endlessly the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy. Recently, the “digital threat” discourse called for enhanced liability of online intermediaries, especially those whose platforms may be used to infringe copyright. This short paper shows that the “digital threat” discourse is based on shaky grounds. Two related arguments might run against this approach. First, market conditions might in...

  12. 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 cas...... categorizing only the most extreme SCS observations as mastitic, and such cases of subclinical infections may be the most closely related to clinical (treated) mastitis...

  13. Hereditary Neuropathy With Liability to Pressure Palsies: A Single-Center Experience in Southern Brazil

    OpenAIRE

    2016-01-01

    The spectrum of clinical and electrophysiological features in hereditary neuropathy with liability to pressure palsies (HNPP) is broad. We analyze a series of Brazilian patients with HNPP. Correlations between clinical manifestations, laboratory features, electrophysiological analyze, histological and molecular findings were done. In five cases, more than one episode occurred before diagnosis. Median nerve in the carpal tunnel at the wrist, ulnar nerve in its groove at the elbow, fibular nerv...

  14. The determinants of liability dollarizaton and the effects of dollarization on macroeconomics variables in Turkey

    OpenAIRE

    2015-01-01

    Lower-cost borrowing of companies in foreign currency has increased in countries which suffer from persistent current account deficit; since they conduct higher real interest rate policy in order to attract international funding. Moreover the usage of the strong economy currencies with high convertibility in international transactions during the global crises has increased. This process called as “liability dollarization” caused vulnerability, especially in emerging countries having domestic ...

  15. The determinants of liability dollarizaton and the effects of dollarization on macroeconomics variables in Turkey

    OpenAIRE

    Taşseven, Özlem; Çınar, Serkan

    2015-01-01

    Lower-cost borrowing of companies in foreign currency has increased in countries which suffer from persistent current account deficit; since they conduct higher real interest rate policy in order to attract international funding. Moreover the usage of the strong economy currencies with high convertibility in international transactions during the global crises has increased. This process called as “liability dollarization” caused vulnerability, especially in emerging countries having domestic ...

  16. 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.

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

    OpenAIRE

    Salazar Holguín, Carolina

    2013-01-01

    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 ...

  18. Accounting for Prescription Drugs’ Unforeseen Risks: A Regulatory Alternative to Tort Liability

    OpenAIRE

    Horowitz, Haley

    2009-01-01

    In the context of prescription drugs, tort law is traditionally understood to providing added incentive for drug manufacturers to adhere to regulations of the Food and Drug Administration (FDA) and to account for risks unknown at the time of regulation. However, holding drug manufacturers liable for risks that were unforeseen at the time of FDA approval may lead to a suboptimally high level of risk avoidance. On the other hand, preemption of all tort liability would eliminate valuable incen...

  19. 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...... is that the hierarchy of the forms of participation that underlies the overuse of some doctrines is unjustified....

  20. 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.

  1. [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.

  2. 论不作为侵权责任∗%On tort liability of omission

    Institute of Scientific and Technical Information of China (English)

    张浩良

    2016-01-01

    学界研究主要集中于作为方式的侵权行为上,对不作为方式能否构成侵权行为关注不够。从理论出发,结合司法实践的需要,讨论不作为侵权责任的成立要件并提出立法建议。研究不作为侵权责任有助于理论与实践的协力,发挥立法、学说与判例的作用,促进侵权责任法在民事领域得到更好的运用。%The research in academia is mainly focused on infringement of act, and whether omission can constitute infringement or not is not paid enough attention. Started from theory and combined with the demand of legal practice, the essential conditions of infringement are discussed concerning the tort liability of omission, and legislation suggestions are brought forward. To study the tort liability of omission can benefit the integration and cooperation of theory and practice, exert the functions of legislation, doctrine and precedents, and promote the better application of tort liability law in civil field.

  3. Overcoming liability of outsidership in China: The experience of Brazilian companies in developing Guanxi

    Directory of Open Access Journals (Sweden)

    Janaina Mortari Schiavini

    2015-12-01

    Full Text Available In light of discussions on corporate internationalization, a theoretical approach advocates that the main barriers to internationalization are related to the burden of being outside international relationship networks, that is, so-called liability of outsidership. Given China’s relevance to Brazil and the complexity of that country’s business relations (guanxi, this study aims to investigate how Brazilian companies operating in China develop guanxi as a means of overcoming liability of outsidership, based on Chen and Chen’s theoretical framework (2004. A descriptive and qualitative study was conducted analyzing multiple cases in four Brazilian companies from the services sector with offices in China. Data were collected through semi-structured interviews. Data were treated by content analysis using NVivo 8.0 software. The results identified the motives behind internationalization to China, the difficulties encountered due to the liability of outsidership, the significant benefits of guanxi, and activities carried out in order to develop it. This study is expected to contribute to generating knowledge on the internationalization of companies to China.

  4. [Assumption of medical risks and the problem of medical liability in ancient Roman law].

    Science.gov (United States)

    Váradi, Agnes

    2008-11-01

    The claim of an individual to assure his health and life, to assume and compensate the damage from diseases and accidents, had already appeared in the system of the ancient Roman law in the form of many singular legal institutions. In lack of a unified archetype of regulation, we have to analyse the damages caused in the health or corporal integrity of different personal groups: we have to mention the legal interpretation of the diseases or injuries suffered by serves, people under manus or patria potestas and free Roman citizens. The fragments from the Digest od Justinian do not only demonstrate concrete legal problems, but they can serve as a starting point for further theoretical analyses. For example: if death is the consequence of a medical failure, does the doctor have any kind of liability? Was after-care part of the healing process according to the Roman law? Examining these questions, we should not forget to talk about the complex liability system of the Roman law, the compensation of the damages caused in a contractual or delictual context and about the lex Aquilia. Although these conclusions have no direct relation with the present legal regulation of risk assumption, we have to see that analysing the examples of the Roman law can be useful for developing our view of a certain theoretical problem, like that of the modern liability concept in medicine as well.

  5. 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.

  6. 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.

  7. "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.

  8. On the notarized liability%浅谈公证法律责任

    Institute of Scientific and Technical Information of China (English)

    李建新

    2013-01-01

    Notarized liability refers notary functions and powers defined in the course of the exercise of notarial authority, improper use, resulting in damage to the legitimate rights and interests of the parties, or other related personnel and the legal consequence. Explore the features and elements of the liability of notary notary work is to maintain fairness and justice, improve the inevitable requirement of our the blanking legal system. This paper describes the features and elements of China's notary liability, suggestions, and the notary prevention and exempt from legal responsibility for the misconduct or negligence of the prevention and exempt.%  公证法律责任是指公证员在行使公证职权的过程中职权的界定、使用不当,导致当事人或其他相关人员的合法权益受到损害而承担的法律后果。探究公证法律责任的特征和要素是维护公证工作的公平正义,完善我国仲裁法律体系的必然要求。本文阐述了我国公证法律责任的特征和要素,并对公证员防范和免除不当或过失造成的法律责任提出了建议。

  9. The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case

    Directory of Open Access Journals (Sweden)

    Liesbeth Enneking

    2014-01-01

    Full Text Available In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC. The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a number of oil-spill incidents from SPDC-operated pipelines in the Nigerian Niger Delta. Although the majority of the claims were dismissed, the district court in its ruling did grant one claim that related to spills from an abandoned wellhead, ordering SPDC to pay compensation for the resulting loss. This judgment has international relevance, as this Dutch Shell Nigeria case forms part of a worldwide trend towards foreign direct liability cases. Growing numbers of similar lawsuits have been brought before the courts in other Western societies, but judgments on the merits have so far remained scarce. The relevance of the case has further increased with the US Supreme Court’s April 2013 ruling in the case of Kiobel v. Royal Dutch Petroleum Co., which has significantly limited the scope of the Alien Tort Statute. This article explores The Hague District Court’s decision in the Dutch Shell Nigeria case, and places the case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international debates on corporate accountability and business & human rights, and the Supreme Court's judgment in the Kiobel case.

  10. Nuclear tele medicine; Telemedicina nuclear

    Energy Technology Data Exchange (ETDEWEB)

    Vargas, L.; Hernandez, F.; Fernandez, R. [Departamento de Medicina Nuclear, Imagenologia Diagnostica, Xalapa, Veracruz (Mexico)

    2005-07-01

    The great majority of the digital images of nuclear medicine are susceptible of being sent through internet. This has allowed that the work in diagnosis cabinets by image it can benefit of this modern technology. We have presented in previous congresses works related with tele medicine, however, due to the speed in the evolution of the computer programs and the internet, becomes necessary to make a current position in this modality of work. (Author)

  11. The nuclear arsenals and nuclear disarmament.

    Science.gov (United States)

    Barnaby, F

    1998-01-01

    Current world stockpiles of nuclear weapons and the status of treaties for nuclear disarmament and the ultimate elimination of nuclear weapons are summarised. The need for including stockpiles of civil plutonium in a programme for ending production and disposing of fissile materials is emphasized, and the ultimate difficulty of disposing of the last few nuclear weapons discussed.

  12. The Rational Foundation of Strict Liability%论严格责任原则的合理性基础

    Institute of Scientific and Technical Information of China (English)

    周永坤

    2012-01-01

    我国侵权责任法确立了严格责任原则,因此,架构严格责任原则存在的合理性基础是一项重要的理论课题。从历史维度看,经历了从结果责任和过错责任阶段后,严格责任产生于社会生产力飞速发展的十九世纪末二十世纪初。从价值维度看,由过错责任到严格责任的制度变化从本质上来讲,正是由矫正正义向分配正义嬗变的结果。从人性维度看,人性具有“恶”与“善”两个方面,人性之“恶”构成过错责任原则的人性论基础,而人性之“善”是严格责任原则的人性论基础。%The tort liability law in our country establishes the principle of strict liability, therefore, constructing the rational foundation of strict liability is an important theoretical subject. From the historical dimension, after the stages of the consequence liability and the fault liability, strict liability emerged in the late nineteenth and early twentieth century when the social productive forces developed rapidly. From the dimension of value, the institutional change from fault liability to strict liability is the result of the evolution from the compensatory justice to the distributive justice. From the dimension of human nature, human nature has two aspects of "evil" and "good". the nature of "evil" constitutes the basis of the principle of fault liability while the nature of the "good" constitutes the basis of the Drincinle of strict liability in human nature.

  13. Nuclear energy.

    Science.gov (United States)

    Grandin, Karl; Jagers, Peter; Kullander, Sven

    2010-01-01

    Nuclear energy can play a role in carbon free production of electrical energy, thus making it interesting for tomorrow's energy mix. However, several issues have to be addressed. In fission technology, the design of so-called fourth generation reactors show great promise, in particular in addressing materials efficiency and safety issues. If successfully developed, such reactors may have an important and sustainable part in future energy production. Working fusion reactors may be even more materials efficient and environmental friendly, but also need more development and research. The roadmap for development of fourth generation fission and fusion reactors, therefore, asks for attention and research in these fields must be strengthened.

  14. NPP financial and regulatory risks-Importance of a balanced and comprehensive nuclear law for a newcomer country considering nuclear power programme

    Science.gov (United States)

    Manan, J. A. N. Abd; Mostafa, N. A.; Salim, M. F.

    2015-04-01

    The nature of Nuclear Power Plant (NPP) projects are: long duration (10-15 years for new build), high capital investment, reasonable risks and highly regulated industries to meet national & international requirement on Safety, Security, Safeguards (3S) and Liabilities. It requires long term planning and commitment from siting to final disposal of waste/spent fuel. Potential financial and regulatory risks are common in massive NPP projects and will be magnified in the case of using unproven technology. If the risks are not properly managed, it can lead to high project and operation costs, and, fail to fulfil its objectives to provide compatible electricity prices and. energy security. To ensure successful, the government and investors need to ensure that the NPP project is bankable with low cost of project and funding, have fair treatment and proper risk mitigation, and able to complete on time with no cost overrun. One of the requirements as prerequisite for the development of NPP as stipulated by the International Atomic Energy Agency (IAEA) is the establishment of a Legal and Regulatory Framework. The main objective of nuclear law is to ensure that the activities and projects carried-out in the country are legal and compliant to national and international requirements. The law should also be able to provide fair treatment of risks on its activities that is acceptable to investors. The challenge for a newcomer country is to develop a balanced and comprehensive national nuclear law that meet these objectives while taking into consideration various stakeholders' interest without compromising on safety, security, safeguard, liability requirements and other international obligations. This paper highlights the nature of NPP projects, its potential and associated financial and regulatory risks, and its major concerns and challenges. It proposes possible risks treatment and mitigation through the formulation of a balanced and comprehensive legislation by clear

  15. NPP financial and regulatory risks-Importance of a balanced and comprehensive nuclear law for a newcomer country considering nuclear power programme

    Energy Technology Data Exchange (ETDEWEB)

    Manan, J. A. N. Abd, E-mail: jamalan@tnb.com.my; Mostafa, N. A.; Salim, M. F. [Nuclear Energy Department, Planning Division, Tenaga Nasional Berhad Level 32, Dua Sentral, No. 8 Jalan Tun Sambanthan, 50470 Brickfields, Kuala Lumpur (Malaysia)

    2015-04-29

    The nature of Nuclear Power Plant (NPP) projects are: long duration (10-15 years for new build), high capital investment, reasonable risks and highly regulated industries to meet national and international requirement on Safety, Security, Safeguards (3S) and Liabilities. It requires long term planning and commitment from siting to final disposal of waste/spent fuel. Potential financial and regulatory risks are common in massive NPP projects and will be magnified in the case of using unproven technology. If the risks are not properly managed, it can lead to high project and operation costs, and, fail to fulfil its objectives to provide compatible electricity prices and. energy security. To ensure successful, the government and investors need to ensure that the NPP project is bankable with low cost of project and funding, have fair treatment and proper risk mitigation, and able to complete on time with no cost overrun. One of the requirements as prerequisite for the development of NPP as stipulated by the International Atomic Energy Agency (IAEA) is the establishment of a Legal and Regulatory Framework. The main objective of nuclear law is to ensure that the activities and projects carried-out in the country are legal and compliant to national and international requirements. The law should also be able to provide fair treatment of risks on its activities that is acceptable to investors. The challenge for a newcomer country is to develop a balanced and comprehensive national nuclear law that meet these objectives while taking into consideration various stakeholders’ interest without compromising on safety, security, safeguard, liability requirements and other international obligations. This paper highlights the nature of NPP projects, its potential and associated financial and regulatory risks, and its major concerns and challenges. It proposes possible risks treatment and mitigation through the formulation of a balanced and comprehensive legislation by clear

  16. Legal barriers to effective ecosystem management: exploring linkages between liability, regulations, and prescribed fire.

    Science.gov (United States)

    Wonkka, Carissa L; Rogers, William E; Kreuter, Urs P

    2015-12-01

    Resistance to the use of prescribed fire is strong among many private land managers despite the advantages it offers for maintaining fire-adapted ecosystems. Even managers who are aware of the benefits of using prescribed fire as a management tool avoid using it, citing potential liability as a major reason for their aversion. Recognizing the importance of prescribed fire for ecosystem management and the constraints current statutory schemes impose on its use, several states in the United States have undertaken prescribed burn statutory reform. The stated purpose of these statutory reforms, often called "right to burn" or "prescribed burning" acts, is to encourage prescribed burning for resource protection, public safety, and land management. Our research assessed the consequences of prescribed burn statutory reform by identifying legal incentives and impediments to prescribed fire application for ecosystem restoration and management, as well as fuel reduction. Specifically, we explored the relationship between prescribed burning laws and decisions made by land managers by exploiting a geographic-based natural experiment to compare landowner-prescribed fire use in contiguous counties with different regulations and legal liability standards. Controlling for potentially confounding variables, we found that private landowners in counties with gross negligence liability standards burn significantly more hectares than those in counties with simple negligence standards (F6,72 = 4.16, P = 0.046). There was no difference in hectares burned on private land between counties with additional statutorily mandated regulatory requirements and those requiring only a permit to complete a prescribed burn (F6,72 = 1.42, P = 0.24) or between counties with burn ban exemptions for certified prescribed burn managers and those with no exemptions during burn bans (F6,72 = 1.39, P = 0.24). Lawmakers attempting to develop prescribed burning statutes to promote the safe use of prescribed fire

  17. Employers' Statutory Vicarious Liability in Terms of the Protection of Personal Information Act

    Directory of Open Access Journals (Sweden)

    Daleen Millard

    2016-07-01

    Full Text Available A person whose privacy has been infringed upon through the unlawful, culpable processing of his or her personal information can sue the infringer's employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI. Section 99(1 of POPI provides a person (a "data subject" whose privacy has been infringed upon with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for the processing of the personal information of data subjects. Although POPI does not equate a responsible party to an employer, the term "responsible party" is undoubtedly a synonym for "employer" in this context. By holding an employer accountable for its employees' unlawful processing of a data subject's personal information, POPI creates a form of statutory vicarious liability. Since the defences available to an employer at common law and developed by case law differ from the statutory defences available to an employer in terms of POPI, it is necessary to compare the impact this new statute has on employers. From a risk perspective, employers must be aware of the serious implications of POPI. The question that arises is whether the Act perhaps takes matters too far. This article takes a critical look at the statutory defences available to an employer in vindication of a vicarious liability action brought by a data subject in terms of section 99(1 of POPI. It compares the defences found in section 99(2 of POPI and the common-law defences available to an employer fending off a delictual claim founded on the doctrine of vicarious liability. To support the argument that the statutory vicarious liability created by POPI is too harsh, the defences contained in section 99(2 of POPI are further analogised with those available to an employer in terms of section 60(4 of the Employment Equity Act 55 of 1998 (EEA and other

  18. Liability of land transportation of fuels from the perspective of Brazilian legal system; Responsabilidade civil dos transportadores terrestres de combustiveis a luz do ordenamento juridico brasileiro

    Energy Technology Data Exchange (ETDEWEB)

    Azevedo, Gabrielle Trindade Moreira de; Soares, Pedro Lucas de Moura [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2010-01-15

    The article explains about the assumptions of liability - injury, illicit act and the causation between them - and the strands that give ground, namely the subjective and objective liability. Finally, we examine the legal framework on land transportation of fuels, applying to it device relating to civil liability, determining the ways to responsibility the transportation company, in each of the modality of land transportation, which are the road, railway and by using pipes.

  19. Applications of nuclear physics

    Science.gov (United States)

    Hayes, A. C.

    2017-02-01

    Today the applications of nuclear physics span a very broad range of topics and fields. This review discusses a number of aspects of these applications, including selected topics and concepts in nuclear reactor physics, nuclear fusion, nuclear non-proliferation, nuclear-geophysics, and nuclear medicine. The review begins with a historic summary of the early years in applied nuclear physics, with an emphasis on the huge developments that took place around the time of World War II, and that underlie the physics involved in designs of nuclear explosions, controlled nuclear energy, and nuclear fusion. The review then moves to focus on modern applications of these concepts, including the basic concepts and diagnostics developed for the forensics of nuclear explosions, the nuclear diagnostics at the National Ignition Facility, nuclear reactor safeguards, and the detection of nuclear material production and trafficking. The review also summarizes recent developments in nuclear geophysics and nuclear medicine. The nuclear geophysics areas discussed include geo-chronology, nuclear logging for industry, the Oklo reactor, and geo-neutrinos. The section on nuclear medicine summarizes the critical advances in nuclear imaging, including PET and SPECT imaging, targeted radionuclide therapy, and the nuclear physics of medical isotope production. Each subfield discussed requires a review article unto itself, which is not the intention of the current review; rather, the current review is intended for readers who wish to get a broad understanding of applied nuclear physics.

  20. Nuclear Photonics

    CERN Document Server

    Habs, D; Jentschel, M; Thirolf, P G

    2012-01-01

    With new gamma-beam facilities like MEGa-ray at LLNL (USA) or ELI-NP at Bucharest with 10^13 g/s and a bandwidth of Delta E_g/E_g ~10^-3, a new era of g-beams with energies <=20 MeV comes into operation, compared to the present world-leading HIGS facility (Duke Univ., USA) with 10^8 g/s and Delta E_g/E_g~0.03. Even a seeded quantum FEL for g-beams may become possible, with much higher brilliance and spectral flux. At the same time new exciting possibilities open up for focused g-beams. We describe a new experiment at the g-beam of the ILL reactor (Grenoble), where we observed for the first time that the index of refraction for g-beams is determined by virtual pair creation. Using a combination of refractive and reflective optics, efficient monochromators for g-beams are being developed. Thus we have to optimize the system of the g-beam facility, the g-beam optics and g-detectors. We can trade g-intensity for band width, going down to Delta E_g/E_g ~ 10^-6 and address individual nuclear levels. 'Nuclear pho...