WorldWideScience

Sample records for significant performance penalties

  1. 45 CFR 305.40 - Penalty performance measures and levels.

    Science.gov (United States)

    2010-10-01

    ... HUMAN SERVICES PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES § 305.40 Penalty performance measures and levels. (a) There are three performance measures for which States must... 45 Public Welfare 2 2010-10-01 2010-10-01 false Penalty performance measures and levels. 305.40...

  2. Chance constrained problems: penalty reformulation and performance of sample approximation technique

    Czech Academy of Sciences Publication Activity Database

    Branda, Martin

    2012-01-01

    Roč. 48, č. 1 (2012), s. 105-122 ISSN 0023-5954 R&D Projects: GA ČR(CZ) GBP402/12/G097 Institutional research plan: CEZ:AV0Z10750506 Keywords : chance constrained problems * penalty functions * asymptotic equivalence * sample approximation technique * investment problem Subject RIV: BB - Applied Statistics, Operational Research Impact factor: 0.619, year: 2012 http://library.utia.cas.cz/separaty/2012/E/branda-chance constrained problems penalty reformulation and performance of sample approximation technique.pdf

  3. Parading (Tashhir Penalty in Old Ottoman

    Directory of Open Access Journals (Sweden)

    Ahmet KILINÇ

    2015-08-01

    Full Text Available The aim of this essay is to determine which crimes were punished with tasshir, how its procedure was, how it changed and which type of penalty it was, in Old Ottoman. In principle, parading penalty (tashhir is a ta’zir punishment that means discretionary, corrective punishment. In addition this punishment was carried out as a complementary (tekmili penalty, additional (tebei penalty and psychological (nefsi penalty in old Ottoman . In principle, this punishment was legal and it was executed to everyone in public. In Ottoman State, twelve crimes were punished with parading penalty. These are being false witness, being a pander, beating, behaving immorally, rebeling, making environme ntal pollution, waylaying, and stealing, damaging national monopoly, not performing religious duties, drunkenness and not performing army duties.

  4. 45 CFR 305.42 - Penalty phase-in.

    Science.gov (United States)

    2010-10-01

    ... PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES § 305.42 Penalty phase-in. States are subject to the performance penalties described in § 305.40 based on data reported for FY 2001. Data reported for FY 2000 will be used as a base year to determine improvements in performance during...

  5. Sinogram restoration in computed tomography with an edge-preserving penalty

    Energy Technology Data Exchange (ETDEWEB)

    Little, Kevin J., E-mail: little@uchicago.edu; La Rivière, Patrick J. [Department of Radiology, The University of Chicago, Chicago, Illinois 60637 (United States)

    2015-03-15

    to the contrast across the edge. This presents some disadvantages of this method relative to image-domain edge-preserving methods, although the computational burden of the sinogram-domain approach is much lower. For a helical cone-beam geometry, we found applying sinogram restoration in 3D was reasonable and that pitch did not make a significant difference in the general effect of sinogram restoration. The application of Huber-penalty sinogram restoration to clinical data resulted in a reconstruction with less noise while retaining resolution. Conclusions: Sinogram restoration with the Huber penalty is able to provide better resolution-noise performance than restoration with a quadratic penalty. Additionally, sinogram restoration with the Huber penalty is feasible for helical cone-beam CT and can be applied to clinical data.

  6. Performance and economic penalties of some LEU [low enriched uranium] conversion options for the Australian Reactor HIFAR

    International Nuclear Information System (INIS)

    McCulloch, D.B.; Robinson, G.S.

    1987-01-01

    Performance calculations for the conversion of HIFAR to low enriched uranium (LEU) fuel have been extended to a wide range of 235 U loadings per fuel element. Using a simple approximate algorithm for the likely costs of LEU compared with highly enriched uranium (HEU) fuel elements, the increases in annual fuelling costs for LEU compared with HEU fuel are examined for a range of conversion options involving different performance penalties. No significant operational/safety problems were found for any of the options canvassed. (Author)

  7. Replacing penalties

    Directory of Open Access Journals (Sweden)

    Vitaly Stepashin

    2017-01-01

    Full Text Available УДК 343.24The subject. The article deals with the problem of the use of "substitute" penalties.The purpose of the article is to identify criminal and legal criteria for: selecting the replacement punishment; proportionality replacement leave punishment to others (the formalization of replacement; actually increasing the punishment (worsening of legal situation of the convicted.Methodology.The author uses the method of analysis and synthesis, formal legal method.Results. Replacing the punishment more severe as a result of malicious evasion from serving accused designated penalty requires the optimization of the following areas: 1 the selection of a substitute punishment; 2 replacement of proportionality is serving a sentence other (formalization of replacement; 3 ensuring the actual toughening penalties (deterioration of the legal status of the convict. It is important that the first two requirements pro-vide savings of repression in the implementation of the replacement of one form of punishment to others.Replacement of punishment on their own do not have any specifics. However, it is necessary to compare them with the contents of the punishment, which the convict from serving maliciously evaded. First, substitute the punishment should assume a more significant range of restrictions and deprivation of certain rights of the convict. Second, the perfor-mance characteristics of order substitute the punishment should assume guarantee imple-mentation of the new measures.With regard to replacing all forms of punishment are set significant limitations in the application that, in some cases, eliminates the possibility of replacement of the sentence, from serving where there has been willful evasion, a stricter measure of state coercion. It is important in the context of the topic and the possibility of a sentence of imprisonment as a substitute punishment in cases where the original purpose of the strict measures excluded. It is noteworthy that the

  8. 42 CFR 488.430 - Civil money penalties: Basis for imposing penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Basis for imposing penalty... PROCEDURES Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.430 Civil money penalties: Basis for imposing penalty. (a) CMS or the State may impose a civil money penalty for either the...

  9. EVALUATION OF PENALTY FUNCTIONS FOR SEMI-GLOBAL MATCHING COST AGGREGATION

    Directory of Open Access Journals (Sweden)

    C. Banz

    2012-07-01

    Full Text Available The stereo matching method semi-global matching (SGM relies on consistency constraints during the cost aggregation which are enforced by so-called penalty terms. This paper proposes new and evaluates four penalty functions for SGM. Due to mutual dependencies, two types of matching cost calculation, census and rank transform, are considered. Performance is measured using original and degenerated images exhibiting radiometric changes and noise from the Middlebury benchmark. The two best performing penalty functions are inversely proportional and negatively linear to the intensity gradient and perform equally with 6.05% and 5.91% average error, respectively. The experiments also show that adaptive penalty terms are mandatory when dealing with difficult imaging conditions. Consequently, for highest algorithmic performance in real-world systems, selection of a suitable penalty function and thorough parametrization with respect to the expected image quality is essential.

  10. 42 CFR 488.438 - Civil money penalties: Amount of penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Amount of penalty. 488.438... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.438 Civil money penalties... review authority) finds that the basis for imposing a civil money penalty exists, as specified in § 488...

  11. Penalty parameter of the penalty function method

    DEFF Research Database (Denmark)

    Si, Cheng Yong; Lan, Tian; Hu, Junjie

    2014-01-01

    The penalty parameter of penalty function method is systematically analyzed and discussed. For the problem that Deb's feasibility-based rule doesnot give the detailed instruction as how to rank two solutions when they have the same constraint violation, an improved Deb's feasibility-based rule is...

  12. 42 CFR 488.440 - Civil money penalties: Effective date and duration of penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Effective date and duration... Civil money penalties: Effective date and duration of penalty. (a)(1) The per day civil money penalty... by CMS or the State. (2) A civil money penalty for each instance of noncompliance is imposed in a...

  13. Job tasks, computer use, and the decreasing part-time pay penalty for women in the UK

    OpenAIRE

    Elsayed, A.E.A.; de Grip, A.; Fouarge, D.

    2014-01-01

    Using data from the UK Skills Surveys, we show that the part-time pay penalty for female workers within low- and medium-skilled occupations decreased significantly over the period 1997-2006. The convergence in computer use between part-time and full-time workers within these occupations explains a large share of the decrease in the part-time pay penalty. However, the lower part-time pay penalty is also related to lower wage returns to reading and writing which are performed more intensively b...

  14. 42 CFR 488.444 - Civil money penalties: Settlement of penalties.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Settlement of penalties. 488.444 Section 488.444 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.444 Civil money penalties...

  15. 42 CFR 488.434 - Civil money penalties: Notice of penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Notice of penalty. 488.434 Section 488.434 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.434 Civil money penalties...

  16. Use of reward-penalty structures in human experimentation

    Science.gov (United States)

    Stein, A. C.; Allen, R. W.; Schwartz, S. H.

    1978-01-01

    The use of motivational techniques in human performance research is reviewed and an example study employing a reward-penalty structure to simulate the motivations inherent in a real-world situation is presented. Driver behavior in a decision-making driving scenario was studied. The task involved control of an instrumented car on a cooperative test course. Subjects were penalized monetarily for tickets and accidents and rewarded for saving driving time. Two groups were assigned different ticket penalties. The group with the highest penalties tended to drive more conservatively. However, the average total payoff to each group was the same, as the conservative drivers traded off slower driving times with lower ticket penalties.

  17. Motion database of disguised and non-disguised team handball penalty throws by novice and expert performers

    Directory of Open Access Journals (Sweden)

    Fabian Helm

    2017-12-01

    Full Text Available This article describes the motion database for a large sample (n = 2400 of 7-m penalty throws in team handball that includes 1600 disguised throws. Throws were performed by both novice (n = 5 and expert (n = 5 penalty takers. The article reports the methods and materials used to capture the motion data. The database itself is accessible for download via JLU Web Server and provides all raw files in a three-dimensional motion data format (.c3d. Additional information is given on the marker placement of the penalty taker, goalkeeper, and ball together with details on the skill level and/or playing history of the expert group. The database was first used by Helm et al. (2017 [1] to investigate the kinematic patterns of disguised movements. Results of this analysis are reported and discussed in their article “Kinematic patterns underlying disguised movements: Spatial and temporal dissimilarity compared to genuine movement patterns” (doi:10.1016/j.humov.2017.05.010 [1]. Keywords: Motion capture data, Disguise, Expertise

  18. 42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Waiver of hearing, reduction... Civil money penalties: Waiver of hearing, reduction of penalty amount. (a) Waiver of a hearing. The... the civil money penalty. (b) Reduction of penalty amount. (1) If the facility waives its right to a...

  19. Path Following in the Exact Penalty Method of Convex Programming.

    Science.gov (United States)

    Zhou, Hua; Lange, Kenneth

    2015-07-01

    Classical penalty methods solve a sequence of unconstrained problems that put greater and greater stress on meeting the constraints. In the limit as the penalty constant tends to ∞, one recovers the constrained solution. In the exact penalty method, squared penalties are replaced by absolute value penalties, and the solution is recovered for a finite value of the penalty constant. In practice, the kinks in the penalty and the unknown magnitude of the penalty constant prevent wide application of the exact penalty method in nonlinear programming. In this article, we examine a strategy of path following consistent with the exact penalty method. Instead of performing optimization at a single penalty constant, we trace the solution as a continuous function of the penalty constant. Thus, path following starts at the unconstrained solution and follows the solution path as the penalty constant increases. In the process, the solution path hits, slides along, and exits from the various constraints. For quadratic programming, the solution path is piecewise linear and takes large jumps from constraint to constraint. For a general convex program, the solution path is piecewise smooth, and path following operates by numerically solving an ordinary differential equation segment by segment. Our diverse applications to a) projection onto a convex set, b) nonnegative least squares, c) quadratically constrained quadratic programming, d) geometric programming, and e) semidefinite programming illustrate the mechanics and potential of path following. The final detour to image denoising demonstrates the relevance of path following to regularized estimation in inverse problems. In regularized estimation, one follows the solution path as the penalty constant decreases from a large value.

  20. 25 CFR 226.43 - Penalties for violation of certain operating regulations.

    Science.gov (United States)

    2010-04-01

    ... LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING Penalties § 226.43 Penalties for violation of....36 regarding valve or other approved controlling device, $100. (f) For failure to notify... thereafter performed by or through the Superintendent, the actual cost of performance thereof, plus 25...

  1. 76 FR 60017 - Technical Conference on Penalty Guidelines; Notice of Technical Conference on Penalty Guidelines

    Science.gov (United States)

    2011-09-28

    ... Conference on Penalty Guidelines; Notice of Technical Conference on Penalty Guidelines The staff of the... the Penalty Guidelines, which the Commission issued on September 17, 2010.\\1\\ The conference will be... impact of the Penalty Guidelines on compliance and enforcement matters. More information on the topics to...

  2. Teaching about the Death Penalty.

    Science.gov (United States)

    Ryan, John Paul; Eden, John Michael

    1998-01-01

    Examines the reasons for the death penalty, the reasons why the death penalty attracts so much attention, whether the death penalty is applied consistently, and the evidence that the application of the death penalty may be racially biased. Provides an accompanying article on "Teaching Ideas" by Ronald A. Banaszak. (CMK)

  3. 8 CFR 270.3 - Penalties.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Penalties. 270.3 Section 270.3 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS PENALTIES FOR DOCUMENT FRAUD § 270.3 Penalties. (a) Criminal penalties. Nothing in section 274C of the Act shall be construed to diminish or...

  4. Penalties in traffic.

    NARCIS (Netherlands)

    2009-01-01

    Traffic offenders are penalized in various ways: fines, (temporary) driving licence suspensions, confiscation of their vehicles, penalty points, mandatory participation in rehabilitation programmes, prison sentences or community service. The aim of penalties is to punish offenders, to protect

  5. 49 CFR Appendix B to Part 386 - Penalty Schedule; Violations and Maximum Civil Penalties

    Science.gov (United States)

    2010-10-01

    ... Maximum Civil Penalties The Debt Collection Improvement Act of 1996 [Public Law 104-134, title III... civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious... 49 Transportation 5 2010-10-01 2010-10-01 false Penalty Schedule; Violations and Maximum Civil...

  6. Religious characteristics and the death penalty.

    Science.gov (United States)

    Miller, Monica K; Hayward, R David

    2008-04-01

    Using one mock trial scenario, this study investigated whether religious and demographic factors were related to death penalty attitudes and sentencing verdicts. Those who favored the death penalty differed from those who had doubts about the penalty in gender, affiliation, fundamentalism, evangelism, literal Biblical interpretism, beliefs about God's attitudes toward murders, and perceptions of how their religious groups felt about the death penalty. These relationships generally held after mock jurors were death qualified. Gender, fundamentalism, literal interpretism, beliefs about God's death penalty position, and perceptions of how one's religious group felt about the death penalty predicted death penalty sentencing verdicts. Future research could determine whether using peremptory challenges to exclude potential jurors based on religion can help lawyers choose a more favorable jury.

  7. Numerical Simulation of Airfoil Aerodynamic Penalties and Mechanisms in Heavy Rain

    Directory of Open Access Journals (Sweden)

    Zhenlong Wu

    2013-01-01

    Full Text Available Numerical simulations that are conducted on a transport-type airfoil, NACA 64-210, at a Reynolds number of 2.6×106 and LWC of 25 g/m3 explore the aerodynamic penalties and mechanisms that affect airfoil performance in heavy rain conditions. Our simulation results agree well with the experimental data and show significant aerodynamic penalties for the airfoil in heavy rain. The maximum percentage decrease in CL is reached by 13.2% and the maximum percentage increase in CD by 47.6%. Performance degradation in heavy rain at low angles of attack is emulated by an originally creative boundary-layer-tripped technique near the leading edge. Numerical flow visualization technique is used to show premature boundary-layer separation at high angles of attack and the particulate trajectories at various angles of attack. A mathematic model is established to qualitatively study the water film effect on the airfoil geometric changes. All above efforts indicate that two primary mechanisms are accountable for the airfoil aerodynamic penalties. One is to cause premature boundary-layer transition at low AOA and separation at high AOA. The other occurs at times scales consistent with the water film layer, which is thought to alter the airfoil geometry and increase the mass effectively.

  8. 77 FR 55175 - Civil Penalties

    Science.gov (United States)

    2012-09-07

    ... [Docket No. NHTSA-2012-0131; Notice 1] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations of motor vehicle safety requirements... and consumer information provisions. Specifically, this proposes increases in maximum civil penalty...

  9. 75 FR 5244 - Civil Penalties

    Science.gov (United States)

    2010-02-02

    ... [Docket No. NHTSA-2009-0066; Notice 2] RIN 2127-AK40 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements involving school buses, bumper... theft protection requirements. This action is taken pursuant to the Federal Civil Monetary Penalty...

  10. 30 CFR 947.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 947.845 Section 947.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON § 947.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  11. 30 CFR 941.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 941.845 Section 941.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE SOUTH DAKOTA § 941.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  12. 30 CFR 912.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 912.845 Section 912.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE IDAHO § 912.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  13. 30 CFR 921.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 921.845 Section 921.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MASSACHUSETTS § 921.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  14. 30 CFR 939.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 939.845 Section 939.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE RHODE ISLAND § 939.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  15. 30 CFR 937.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 937.845 Section 937.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON § 937.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  16. 30 CFR 942.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 942.845 Section 942.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE § 942.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

  17. 30 CFR 903.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 903.845 Section 903.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for violations...

  18. 30 CFR 910.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 910.845 Section 910.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE GEORGIA § 910.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  19. 30 CFR 922.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 922.845 Section 922.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MICHIGAN § 922.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  20. 30 CFR 933.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 933.845 Section 933.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NORTH CAROLINA § 933.845 Civil penalties. Part 845 of this chaper, Civil Penalties, shall apply when civil penalties are assessed for...

  1. 30 CFR 905.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 905.845 Section 905.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE CALIFORNIA § 905.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

  2. 12 CFR 411.405 - Penalty procedures.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Penalty procedures. 411.405 Section 411.405 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES NEW RESTRICTIONS ON LOBBYING Penalties and Enforcement § 411.405 Penalty procedures. Agencies shall impose and collect civil penalties pursuant to the...

  3. 77 FR 70710 - Civil Penalties

    Science.gov (United States)

    2012-11-27

    ... [Docket No. NHTSA-2012-0131; Notice 2] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and... provisions. Specifically, this increases the maximum civil penalty amounts for single violations of motor...

  4. 75 FR 79978 - Civil Penalties

    Science.gov (United States)

    2010-12-21

    ... [Docket No. NHTSA-2010-0114; Notice 2] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for related series of violations of the National Traffic and Motor Vehicle Safety... Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection...

  5. 75 FR 49879 - Civil Penalties

    Science.gov (United States)

    2010-08-16

    ... [Docket No. NHTSA-2010-0114; Notice 1] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations covering a related series of... action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as...

  6. 33 CFR 401.102 - Civil penalty.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil penalty. 401.102 Section... TRANSPORTATION SEAWAY REGULATIONS AND RULES Penalties-Violations of Seaway Regulations § 401.102 Civil penalty. (a) A person, as described in § 401.101(b), who violates a regulation is liable to a civil penalty of...

  7. 49 CFR 220.7 - Penalty.

    Science.gov (United States)

    2010-10-01

    ..., or has caused death or injury, a penalty not to exceed $100,000 per violation may be assessed; and... 49 Transportation 4 2010-10-01 2010-10-01 false Penalty. 220.7 Section 220.7 Transportation Other... TRANSPORTATION RAILROAD COMMUNICATIONS General § 220.7 Penalty. Any person (including but not limited to a...

  8. 12 CFR 411.400 - Penalties.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Penalties. 411.400 Section 411.400 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES NEW RESTRICTIONS ON LOBBYING Penalties and Enforcement § 411.400 Penalties. (a) Any person who makes an expenditure prohibited herein shall be subject to a...

  9. 49 CFR 232.11 - Penalties.

    Science.gov (United States)

    2010-10-01

    ... hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $100,000 per... 49 Transportation 4 2010-10-01 2010-10-01 false Penalties. 232.11 Section 232.11 Transportation...-TRAIN DEVICES General § 232.11 Penalties. (a) Any person (including but not limited to a railroad; any...

  10. 49 CFR 216.7 - Penalties.

    Science.gov (United States)

    2010-10-01

    ... hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $100,000 per... 49 Transportation 4 2010-10-01 2010-10-01 false Penalties. 216.7 Section 216.7 Transportation... § 216.7 Penalties. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited...

  11. 76 FR 71431 - Civil Penalty Calculation Methodology

    Science.gov (United States)

    2011-11-17

    ... DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Civil Penalty Calculation... is currently evaluating its civil penalty methodology. Part of this evaluation includes a forthcoming... civil penalties. UFA takes into account the statutory penalty factors under 49 U.S.C. 521(b)(2)(D). The...

  12. Excess Readmission vs Excess Penalties: Maximum Readmission Penalties as a Function of Socioeconomics and Geography.

    Science.gov (United States)

    Caracciolo, Chris; Parker, Devin; Marshall, Emily; Brown, Jeremiah

    2017-08-01

    The Hospital Readmission Reduction Program (HRRP) penalizes hospitals with "excess" readmissions up to 3% of Medicare reimbursement. Approximately 75% of eligible hospitals received penalties, worth an estimated $428 million, in fiscal year 2015. To identify demographic and socioeconomic disparities between matched and localized maximum-penalty and no-penalty hospitals. A case-control study in which cases included were hospitals to receive the maximum 3% penalty under the HRRP during the 2015 fiscal year. Controls were drawn from no-penalty hospitals and matched to cases by hospital characteristics (primary analysis) or geographic proximity (secondary analysis). A selectiion of 3383 US hospitals eligible for HRRP. Thirty-nine case and 39 control hospitals from the HRRP cohort. Socioeconomic status variables were collected by the American Community Survey. Hospital and health system characteristics were drawn from Centers for Medicare and Medicaid Services, American Hospital Association, and Dartmouth Atlas of Health Care. The statistical analysis was conducted using Student t tests. Thirty-nine hospitals received a maximum penalty. Relative to controls, maximum-penalty hospitals in counties with lower SES profiles are defined by increased poverty rates (19.1% vs 15.5%, = 0.015) and lower rates of high school graduation (82.2% vs 87.5%, = 0.001). County level age, sex, and ethnicity distributions were similar between cohorts. Cases were more likely than controls to be in counties with low socioeconomic status; highlighting potential unintended consequences of national benchmarks for phenomena underpinned by environmental factors; specifically, whether maximum penalties under the HRRP are a consequence of underperforming hospitals or a manifestation of underserved communities. © 2017 Society of Hospital Medicine

  13. 42 CFR 488.432 - Civil money penalties: When a penalty is collected.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: When a penalty is collected... PROCEDURES Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.432 Civil money... hearing on the determination of the noncompliance that is the basis for imposition of the civil money...

  14. 12 CFR 622.61 - Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties...

    Science.gov (United States)

    2010-01-01

    ... civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. 622.61...

  15. 24 CFR 81.83 - Civil money penalties.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Civil money penalties. 81.83... § 81.83 Civil money penalties. (a) Imposition. The Secretary may impose a civil money penalty on a GSE... writing of the Secretary's determination to impose a civil money penalty by issuing a Notice of Intent to...

  16. Adolescents' Attitudes toward the Death Penalty.

    Science.gov (United States)

    Lester, David; Maggioncalda-Aretz, Maria; Stark, Scott Hunter

    1997-01-01

    Examines whether high school (n=142) and college students (n=112) favored the death penalty for certain criminal acts. Findings indicate that high school students rated more criminal acts as meriting the death penalty. Gender and personality were not found to be associated with attitudes toward the death penalty. (RJM)

  17. 49 CFR 233.11 - Civil penalties.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalties. 233.11 Section 233.11..., DEPARTMENT OF TRANSPORTATION SIGNAL SYSTEMS REPORTING REQUIREMENTS § 233.11 Civil penalties. Any person (an... subject to a civil penalty of at least $650 and not more than $25,000 per violation, except that...

  18. Asymmetric predictability and cognitive competition in football penalty shootouts.

    Science.gov (United States)

    Misirlisoy, Erman; Haggard, Patrick

    2014-08-18

    Sports provide powerful demonstrations of cognitive strategies underlying competitive behavior. Penalty shootouts in football (soccer) involve direct competition between elite players and absorb the attention of millions. The penalty shootout between Germany and England in the 1990 World Cup semifinal was viewed by an estimated 46.49% of the UK population. In a penalty shootout, a goalkeeper must defend their goal without teammate assistance while an opposing series of kickers aim to kick the ball past them into the net. As in many sports, the ball during a penalty kick often approaches too quickly for the goalkeeper to react to its direction of motion; instead, the goalkeeper must guess the likely direction of the kick, and dive in anticipation, if they are to have a chance of saving the shot. We examined all 361 kicks from the 37 penalty shootouts that occurred in World Cup and Euro Cup matches over a 36-year period from 1976 to 2012 and show that goalkeepers displayed a clear sequential bias. Following repeated kicks in the same direction, goalkeepers became increasingly likely to dive in the opposite direction on the next kick. Surprisingly, kickers failed to exploit these goalkeeper biases. Our findings highlight the importance of monitoring and predicting sequential behavior in real-world competition. Penalty shootouts pit one goalkeeper against several kickers in rapid succession. Asymmetries in the cognitive capacities of an individual versus a group could produce significant advantages over opponents. Copyright © 2014 Elsevier Ltd. All rights reserved.

  19. 49 CFR 221.7 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 221.7 Section 221.7 Transportation... TRANSPORTATION REAR END MARKING DEVICE-PASSENGER, COMMUTER AND FREIGHT TRAINS General § 221.7 Civil penalty. Any... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

  20. 31 CFR 103.57 - Civil penalty.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil penalty. 103.57 Section 103.57... REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.57 Civil penalty. (a) For any... willfully participates in the violation, a civil penalty not to exceed $1,000. (b) For any willful violation...

  1. 49 CFR 218.9 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 218.9 Section 218.9 Transportation... TRANSPORTATION RAILROAD OPERATING PRACTICES General § 218.9 Civil penalty. Any person (an entity of any type... requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at...

  2. 50 CFR 300.40 - Civil penalties.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil penalties. 300.40 Section 300.40... South Pacific Tuna Fisheries § 300.40 Civil penalties. The procedures of 15 CFR part 904 apply to the assessment of civil penalties, except as modified by the requirements of section 8 of the Act. ...

  3. 7 CFR 1435.201 - Civil penalties.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Civil penalties. 1435.201 Section 1435.201... Recordkeeping Requirements § 1435.201 Civil penalties. (a) Any processor, refiner, or importer of sugar, syrup... false data required under § 1435.200(a) through (e), is subject to a civil penalty of no more than $10...

  4. Medicare Payment Penalties and Safety Net Hospital Profitability: Minimal Impact on These Vulnerable Hospitals.

    Science.gov (United States)

    Bazzoli, Gloria J; Thompson, Michael P; Waters, Teresa M

    2018-02-08

    To examine relationships between penalties assessed by Medicare's Hospital Readmission Reduction Program and Value-Based Purchasing Program and hospital financial condition. Centers for Medicare and Medicaid Services, American Hospital Association, and Area Health Resource File data for 4,824 hospital-year observations. Bivariate and multivariate analysis of pooled cross-sectional data. Safety net hospitals have significantly higher HRRP/VBP penalties, but, unlike nonsafety net hospitals, increases in their penalty rate did not significantly affect their total margins. Safety net hospitals appear to rely on nonpatient care revenues to offset higher penalties for the years studied. While reassuring, these funding streams are volatile and may not be able to compensate for cumulative losses over time. © Health Research and Educational Trust.

  5. 22 CFR 127.10 - Civil penalty.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil penalty. 127.10 Section 127.10 Foreign... Civil penalty. (a) The Assistant Secretary of State for Political-Military Affairs is authorized to impose a civil penalty in an amount not to exceed that authorized by 22 U.S.C. 2778, 2779a and 2780 for...

  6. 10 CFR 110.64 - Civil penalty.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Civil penalty. 110.64 Section 110.64 Energy NUCLEAR... Enforcement § 110.64 Civil penalty. (a) In response to a violation, the Commission may institute a proceeding to impose a civil penalty under section 234 of the Atomic Energy Act by issuing a notice to the...

  7. 10 CFR 1017.29 - Civil penalty.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Civil penalty. 1017.29 Section 1017.29 Energy DEPARTMENT... INFORMATION Violations § 1017.29 Civil penalty. Link to an amendment published at 74 FR 66033, Dec. 14, 2009... subject to a civil penalty under this part: (1) 10 CFR Part 1017—Identification and Protection of...

  8. 12 CFR 215.11 - Civil penalties.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 2 2010-01-01 2010-01-01 false Civil penalties. 215.11 Section 215.11 Banks... OFFICERS, DIRECTORS, AND PRINCIPAL SHAREHOLDERS OF MEMBER BANKS (REGULATION O) § 215.11 Civil penalties... subject to civil penalties as specified in section 29 of the Federal Reserve Act (12 U.S.C. 504). [Reg. O...

  9. 39 CFR 233.12 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Civil penalties. 233.12 Section 233.12 Postal... Civil penalties. False representation and lottery orders— (a) Issuance. Pursuant to 39 U.S.C. 3005, the... be liable to the United States for a civil penalty in an amount not to exceed $11,000 for each day...

  10. Is the ozone climate penalty robust in Europe?

    International Nuclear Information System (INIS)

    Colette, Augustin; Bessagnet, Bertrand; Meleux, Frédérik; Rouïl, Laurence; Andersson, Camilla; Engardt, Magnuz; Langner, Joakim; Baklanov, Alexander; Brandt, Jørgen; Christensen, Jesper H; Geels, Camilla; Hedegaard, Gitte B; Doherty, Ruth; Giannakopoulos, Christos; Katragkou, Eleni; Lei, Hang; Manders, Astrid; Melas, Dimitris; Sofiev, Mikhail; Soares, Joana

    2015-01-01

    Ozone air pollution is identified as one of the main threats bearing upon human health and ecosystems, with 25 000 deaths in 2005 attributed to surface ozone in Europe (IIASA 2013 TSAP Report #10). In addition, there is a concern that climate change could negate ozone pollution mitigation strategies, making them insufficient over the long run and jeopardising chances to meet the long term objective set by the European Union Directive of 2008 (Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008) (60 ppbv, daily maximum). This effect has been termed the ozone climate penalty. One way of assessing this climate penalty is by driving chemistry-transport models with future climate projections while holding the ozone precursor emissions constant (although the climate penalty may also be influenced by changes in emission of precursors). Here we present an analysis of the robustness of the climate penalty in Europe across time periods and scenarios by analysing the databases underlying 11 articles published on the topic since 2007, i.e. a total of 25 model projections. This substantial body of literature has never been explored to assess the uncertainty and robustness of the climate ozone penalty because of the use of different scenarios, time periods and ozone metrics. Despite the variability of model design and setup in this database of 25 model projection, the present meta-analysis demonstrates the significance and robustness of the impact of climate change on European surface ozone with a latitudinal gradient from a penalty bearing upon large parts of continental Europe and a benefit over the North Atlantic region of the domain. Future climate scenarios present a penalty for summertime (JJA) surface ozone by the end of the century (2071–2100) of at most 5 ppbv. Over European land surfaces, the 95% confidence interval of JJA ozone change is [0.44; 0.64] and [0.99; 1.50] ppbv for the 2041–2070 and 2071–2100 time windows, respectively

  11. Is the ozone climate penalty robust in Europe?

    Science.gov (United States)

    Colette, Augustin; Andersson, Camilla; Baklanov, Alexander; Bessagnet, Bertrand; Brandt, Jørgen; Christensen, Jesper H.; Doherty, Ruth; Engardt, Magnuz; Geels, Camilla; Giannakopoulos, Christos; Hedegaard, Gitte B.; Katragkou, Eleni; Langner, Joakim; Lei, Hang; Manders, Astrid; Melas, Dimitris; Meleux, Frédérik; Rouïl, Laurence; Sofiev, Mikhail; Soares, Joana; Stevenson, David S.; Tombrou-Tzella, Maria; Varotsos, Konstantinos V.; Young, Paul

    2015-08-01

    Ozone air pollution is identified as one of the main threats bearing upon human health and ecosystems, with 25 000 deaths in 2005 attributed to surface ozone in Europe (IIASA 2013 TSAP Report #10). In addition, there is a concern that climate change could negate ozone pollution mitigation strategies, making them insufficient over the long run and jeopardising chances to meet the long term objective set by the European Union Directive of 2008 (Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008) (60 ppbv, daily maximum). This effect has been termed the ozone climate penalty. One way of assessing this climate penalty is by driving chemistry-transport models with future climate projections while holding the ozone precursor emissions constant (although the climate penalty may also be influenced by changes in emission of precursors). Here we present an analysis of the robustness of the climate penalty in Europe across time periods and scenarios by analysing the databases underlying 11 articles published on the topic since 2007, i.e. a total of 25 model projections. This substantial body of literature has never been explored to assess the uncertainty and robustness of the climate ozone penalty because of the use of different scenarios, time periods and ozone metrics. Despite the variability of model design and setup in this database of 25 model projection, the present meta-analysis demonstrates the significance and robustness of the impact of climate change on European surface ozone with a latitudinal gradient from a penalty bearing upon large parts of continental Europe and a benefit over the North Atlantic region of the domain. Future climate scenarios present a penalty for summertime (JJA) surface ozone by the end of the century (2071-2100) of at most 5 ppbv. Over European land surfaces, the 95% confidence interval of JJA ozone change is [0.44; 0.64] and [0.99; 1.50] ppbv for the 2041-2070 and 2071-2100 time windows, respectively.

  12. 12 CFR 263.65 - Civil penalty inflation adjustments.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil penalty inflation adjustments. 263.65... Money Penalties § 263.65 Civil penalty inflation adjustments. (a) Inflation adjustments. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note), the Board has...

  13. Why do English players fail in soccer penalty shootouts? A study of team status, self-regulation, and choking under pressure.

    Science.gov (United States)

    Jordet, Geir

    2009-01-15

    I examine why players from some nations appear always to choke in major international soccer penalty shootouts. Based on a model on choking under pressure as a type of self-defeating behaviour (Baumeister, 1997), I hypothesized that highly favourable public appraisals of a team would be linked to displays of escapist self-regulation strategies and inferior performance. I selected the eight most merited European nations, obtained videos from penalty shootouts in two major international tournaments (World Cup and European Championships), and analysed all 200 shots taken by players representing these teams. The results showed significant relationships between team status, self-regulation strategies, and performance. Players from countries that, at the time of the penalty shootout, either had many international club titles or featured many internationally decorated players, spent less time preparing their shots and were less successful from the penalty spot than players from countries with lower public status. England and Spain are used to illustrate these effects, as the data suggest that players from these two countries may have underperformed in previous international soccer tournaments because of high public status and misguided self-regulation strategies.

  14. Securities regulation and implicit penalties

    Directory of Open Access Journals (Sweden)

    Donghua Chen

    2011-06-01

    Full Text Available The extant literature offers extensive support for the significant role played by institutions in financial markets, but implicit regulation and monitoring have yet to be examined. This study fills this void in the literature by employing unique Chinese datasets to explore the implicit regulation and penalties imposed by the Chinese government in regulating the initial public offering (IPO market. Of particular interest are the economic consequences of underwriting IPO deals for client firms that violate regulatory rules in China’s capital market. We provide evidence to show that the associated underwriters’ reputations are impaired and their market share declines. We further explore whether such negative consequences result from a market disciplinary mechanism or a penalty imposed by the government. To analyze the possibility of a market disciplinary mechanism at work, we investigate (1 the market reaction to other client firms whose IPO deals were underwritten by underwriters associated with a violation at the time the violation was publicly disclosed and (2 the under-pricing of IPO deals undertaken by these underwriters after such disclosure. To analyze whether the government imposes an implicit penalty, we examine the application processing time for future IPO deals underwritten by the associated underwriters and find it to be significantly longer than for IPO deals underwritten by other underwriters. Overall, there is little evidence to suggest that the market penalizes underwriters for the rule-violating behavior of their client firms in China. Instead, the Chinese government implicitly penalizes them by imposing more stringent criteria on and lengthening the processing time of the IPO deals they subsequently underwrite.

  15. Penalty kick skill through knee tuck jump exercise and barrier hops exercise

    Directory of Open Access Journals (Sweden)

    Usli Wargadinata Lingling

    2018-01-01

    Full Text Available Football always attracts society’s attention. Unfortunately in practice, at school for example, students have difficulties in mastering penalty kick. This research aimed to know the influence of knee tuck jump exercise towards penalty kick result in football and the influence of barrier hops exercise towards penalty kick result in football. The design of this research is pretest–posttest design. The population taken was the entire students from class XI SMK 3 LPPM-RI Batujajar which consisted of 126 students. Purposive sampling technique was used to determine the sample. Intentionally, the writer chose as many as 30 students who joined football extracurricular as sample then divided them into two groups namely group A (knee tuck jump exercise and group B (barrier hops exercise. Based on the result, there was significant difference in mean score between pretest and posttest in group A (29.00 than group B (26.00 towards the result of penalty kick in football. The result of compared t from the difference of two results is 4.92 bigger than t table 1.70. Therefore, knee tuck jump exercise gives more significant result than barrier hops exercise towards penalty kick result in football to the students of football extracurricular in SMK 3 LPPM-RI Batujajar.

  16. Boundedness and convergence of online gradient method with penalty for feedforward neural networks.

    Science.gov (United States)

    Zhang, Huisheng; Wu, Wei; Liu, Fei; Yao, Mingchen

    2009-06-01

    In this brief, we consider an online gradient method with penalty for training feedforward neural networks. Specifically, the penalty is a term proportional to the norm of the weights. Its roles in the method are to control the magnitude of the weights and to improve the generalization performance of the network. By proving that the weights are automatically bounded in the network training with penalty, we simplify the conditions that are required for convergence of online gradient method in literature. A numerical example is given to support the theoretical analysis.

  17. A distribution-free newsvendor model with balking penalty and random yield

    Directory of Open Access Journals (Sweden)

    Chongfeng Lan

    2015-05-01

    Full Text Available Purpose: The purpose of this paper is to extend the analysis of the distribution-free newsvendor problem in an environment of customer balking, which occurs when customers are reluctant to buy a product if its available inventory falls below a threshold level. Design/methodology/approach: We provide a new tradeoff tool as a replacement of the traditional one to weigh the holding cost and the goodwill costs segment: in addition to the shortage penalty, we also introduce the balking penalty. Furthermore, we extend our model to the case of random yield. Findings: A model is presented for determining both an optimal order quantity and a lower bound on the profit under the worst possible distribution of the demand. We also study the effects of shortage penalty and the balking penalty on the optimal order quantity, which have been largely bypassed in the existing distribution free single period models with balking. Numerical examples are presented to illustrate the result. Originality/value: The incorporation of balking penalty and random yield represents an important improvement in inventory policy performance for distribution-free newsvendor problem when customer balking occurs and the distributional form of demand is unknown.

  18. Power penalties for multi-level PAM modulation formats at arbitrary bit error rates

    Science.gov (United States)

    Kaliteevskiy, Nikolay A.; Wood, William A.; Downie, John D.; Hurley, Jason; Sterlingov, Petr

    2016-03-01

    There is considerable interest in combining multi-level pulsed amplitude modulation formats (PAM-L) and forward error correction (FEC) in next-generation, short-range optical communications links for increased capacity. In this paper we derive new formulas for the optical power penalties due to modulation format complexity relative to PAM-2 and due to inter-symbol interference (ISI). We show that these penalties depend on the required system bit-error rate (BER) and that the conventional formulas overestimate link penalties. Our corrections to the standard formulas are very small at conventional BER levels (typically 1×10-12) but become significant at the higher BER levels enabled by FEC technology, especially for signal distortions due to ISI. The standard formula for format complexity, P = 10log(L-1), is shown to overestimate the actual penalty for PAM-4 and PAM-8 by approximately 0.1 and 0.25 dB respectively at 1×10-3 BER. Then we extend the well-known PAM-2 ISI penalty estimation formula from the IEEE 802.3 standard 10G link modeling spreadsheet to the large BER case and generalize it for arbitrary PAM-L formats. To demonstrate and verify the BER dependence of the ISI penalty, a set of PAM-2 experiments and Monte-Carlo modeling simulations are reported. The experimental results and simulations confirm that the conventional formulas can significantly overestimate ISI penalties at relatively high BER levels. In the experiments, overestimates up to 2 dB are observed at 1×10-3 BER.

  19. 16 CFR 1.96 - Compromise of penalty.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Compromise of penalty. 1.96 Section 1.96 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL... may compromise any penalty or proposed penalty at any time, with leave of court when necessary, taking...

  20. 33 CFR 1.07-90 - Criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Criminal penalties. 1.07-90... GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-90 Criminal penalties. (a... death. (2) Marine Boards (46 CFR part 4). (3) Violations of port security regulations (33 CFR parts 6...

  1. 42 CFR 460.46 - Civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Civil money penalties. 460.46 Section 460.46 Public...) Sanctions, Enforcement Actions, and Termination § 460.46 Civil money penalties. (a) CMS may impose civil money penalties up to the following maximum amounts: (1) For each violation regarding enrollment or...

  2. 29 CFR 578.4 - Determination of penalty.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Determination of penalty. 578.4 Section 578.4 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS MINIMUM WAGE AND OVERTIME VIOLATIONS-CIVIL MONEY PENALTIES § 578.4 Determination of penalty. (a) In determining the...

  3. 50 CFR 680.9 - Penalties.

    Science.gov (United States)

    2010-10-01

    ... the civil and criminal penalty provisions, permit sanctions, and civil forfeiture provisions of the... applicable law. Penalties include but are not limited to permanent or temporary sanctions to PQS, QS, IPQ... in a proceeding to enforce or review the findings or orders of any Government agency having...

  4. Jurors' locus of control and defendants' attractiveness in death penalty sentencing.

    Science.gov (United States)

    Beckham, Crystal M; Spray, Beverly J; Pietz, Christina A

    2007-06-01

    The authors examined the relationship between jurors' locus of control and defendants' attractiveness in death penalty sentencing. Ninety-eight participants voluntarily served as mock jurors. The authors administered J. B. Rotter's (1966) Internal-External Locus of Control Scale to participants and then randomly assigned them to a group with either an attractive or an unattractive defendant (represented by photographs). Participants read a murder vignette and selected a punishment--either a lifetime jail sentence or the death penalty-for the defendant. Results indicated that neither jurors' locus of control nor defendants' attractiveness influenced sentencing. However, jurors' age and gender significantly influenced sentencing. Men, with the exception of the youngest men, were more likely than women to choose the death penalty. Additionally, young women were more likely than older women to select the death penalty. The authors discuss the implications of these results for the study of jury behavior and bias.

  5. 12 CFR 509.103 - Civil money penalties.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Civil money penalties. 509.103 Section 509.103... PROCEDURE IN ADJUDICATORY PROCEEDINGS Local Rules § 509.103 Civil money penalties. (a) Assessment. In the... may serve an order of assessment of civil money penalty upon the party concerned. The assessment order...

  6. 15 CFR 806.6 - Penalties.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Penalties. 806.6 Section 806.6 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) BUREAU OF ECONOMIC ANALYSIS, DEPARTMENT OF COMMERCE DIRECT INVESTMENT SURVEYS § 806.6 Penalties. (a) Whoever fails to...

  7. 40 CFR 302.7 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... COMMUNITY RIGHT-TO-KNOW PROGRAMS DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION § 302.7 Penalties. (a..., including criminal penalties, set forth in section 103(b) of the Act. (b) Notification received pursuant to... any such person in any criminal case, except a prosecution for perjury or for giving a false statement...

  8. 12 CFR 908.6 - Civil money penalties.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Civil money penalties. 908.6 Section 908.6... Proceedings § 908.6 Civil money penalties. (a) Notice of assessment—(1) Grounds. The Finance Board may issue and serve a notice of assessment of a civil money penalty on any Bank or any executive officer or...

  9. 46 CFR 506.3 - Civil monetary penalty inflation adjustment.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Civil monetary penalty inflation adjustment. 506.3... PENALTY INFLATION ADJUSTMENT § 506.3 Civil monetary penalty inflation adjustment. The Commission shall... each civil monetary penalty provided by law within the jurisdiction of the Commission by the inflation...

  10. 75 FR 1076 - Outer Continental Shelf Civil Penalties

    Science.gov (United States)

    2010-01-08

    ... initiate civil penalty proceedings; however, violations that cause injury, death, or environmental damage... DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf Civil Penalties... daily civil penalty assessment. SUMMARY: The Outer Continental Shelf Lands Act requires the MMS to...

  11. 31 CFR 128.4 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... FOREIGN-CURRENCY TRANSACTIONS AND POSITIONS General Information § 128.4 Penalties. (a) Whoever fails to file a report required by subpart B of this part shall be subject to a civil penalty of not less than... of this part may be criminally prosecuted and upon conviction fined not more than $10,000 and, if an...

  12. New Exact Penalty Functions for Nonlinear Constrained Optimization Problems

    Directory of Open Access Journals (Sweden)

    Bingzhuang Liu

    2014-01-01

    Full Text Available For two kinds of nonlinear constrained optimization problems, we propose two simple penalty functions, respectively, by augmenting the dimension of the primal problem with a variable that controls the weight of the penalty terms. Both of the penalty functions enjoy improved smoothness. Under mild conditions, it can be proved that our penalty functions are both exact in the sense that local minimizers of the associated penalty problem are precisely the local minimizers of the original constrained problem.

  13. 29 CFR 530.302 - Amounts of civil money penalties.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Amounts of civil money penalties. 530.302 Section 530.302... EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES Civil Money Penalties § 530.302 Amounts of civil money penalties. (a) A civil money penalty, not to exceed $500 per affected homeworker for any one violation, may...

  14. 76 FR 74625 - Civil Monetary Penalties Inflation Adjustment

    Science.gov (United States)

    2011-12-01

    ...-2011] RIN 1125-AA69 Civil Monetary Penalties Inflation Adjustment AGENCIES: U.S. Customs and Border... adjust for inflation certain civil monetary penalties assessed under the Immigration and Nationality Act... assessed under the INA. The Federal Civil Penalties Inflation Adjustment Act of 1990 (Adjustment Act...

  15. SU-F-18C-14: Hessian-Based Norm Penalty for Weighted Least-Square CBCT Reconstruction

    International Nuclear Information System (INIS)

    Sun, T; Sun, N; Tan, S; Wang, J

    2014-01-01

    Purpose: To develop a Hessian-based norm penalty for cone-beam CT (CBCT) reconstruction that has a similar ability in suppressing noise as the total variation (TV) penalty while avoiding the staircase effect and better preserving low-contrast objects. Methods: We extended the TV penalty to a Hessian-based norm penalty based on the Frobenius norm of the Hessian matrix of an image for CBCT reconstruction. The objective function was constructed using the penalized weighted least-square (PWLS) principle. An effective algorithm was developed to minimize the objective function using a majorization-minimization (MM) approach. We evaluated and compared the proposed penalty with the TV penalty on a CatPhan 600 phantom and an anthropomorphic head phantom, each acquired at a low-dose protocol (10mA/10ms) and a high-dose protocol (80mA/12ms). For both penalties, contrast-to-noise (CNR) in four low-contrast regions-of-interest (ROIs) and the full-width-at-half-maximum (FWHM) of two point-like objects in constructed images were calculated and compared. Results: In the experiment of CatPhan 600 phantom, the Hessian-based norm penalty has slightly higher CNRs and approximately equivalent FWHM values compared with the TV penalty. In the experiment of the anthropomorphic head phantom at the low-dose protocol, the TV penalty result has several artificial piece-wise constant areas known as the staircase effect while in the Hessian-based norm penalty the image appears smoother and more similar to that of the FDK result using the high-dose protocol. Conclusion: The proposed Hessian-based norm penalty has a similar performance in suppressing noise to the TV penalty, but has a potential advantage in suppressing the staircase effect and preserving low-contrast objects. This work was supported in part by National Natural Science Foundation of China (NNSFC), under Grant Nos. 60971112 and 61375018, and Fundamental Research Funds for the Central Universities, under Grant No. 2012QN086

  16. 33 CFR 401.205 - Civil and criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil and criminal penalties. 401... § 401.205 Civil and criminal penalties. (a) If the violation of the Seaway Regulations carries a... criminal proceedings shall not bar the initiation of civil penalty proceedings by the Associate...

  17. 46 CFR 221.93 - Collection of civil penalties.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Collection of civil penalties. 221.93 Section 221.93... RELATED ACTIVITIES REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS Civil Penalties § 221.93 Collection of civil penalties. Within 30 days after receipt of the Hearing Officer's...

  18. 78 FR 5722 - Civil Monetary Penalty Inflation Adjustment

    Science.gov (United States)

    2013-01-28

    ... Civil Monetary Penalty Inflation Adjustment AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Direct... for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to...

  19. 78 FR 5760 - Civil Monetary Penalty Inflation Adjustment

    Science.gov (United States)

    2013-01-28

    ... Civil Monetary Penalty Inflation Adjustment AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Proposed... account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any...

  20. 49 CFR 107.336 - Limitation on fines and penalties.

    Science.gov (United States)

    2010-10-01

    ... MATERIALS PROGRAM PROCEDURES Enforcement Criminal Penalties § 107.336 Limitation on fines and penalties. If a State or political subdivision or Indian tribe assesses any fine or penalty determined by the...

  1. 10 CFR 824.15 - Collection of civil penalties.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Collection of civil penalties. 824.15 Section 824.15 Energy DEPARTMENT OF ENERGY PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS § 824.15 Collection of civil penalties. If any person fails to pay an...

  2. 22 CFR 1104.14 - Assessment of civil penalties.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Assessment of civil penalties. 1104.14 Section... STATES SECTION PROTECTION OF ARCHAEOLOGICAL RESOURCES § 1104.14 Assessment of civil penalties. (a) The Commissioner may assess a civil penalty against any person who has violated any prohibition contained in § 1104...

  3. The Role of the Penalty Clause in Business

    Directory of Open Access Journals (Sweden)

    Maria Stegariu

    2016-07-01

    Full Text Available The interest in this topic is determined, on one hand, by the way of interpreting the provisions which regulate the contractual liability in general and of those regarding the penalty clause in particular, and, on the other hand, by the formulation of certain proposals de lege ferenda. By stipulating the penalty clause, the law seeks to execute the contractual obligations, and not to collect penalties. The legal base of the ancillary character of the penalty clause is article 1538, paragraph 3 of the Civil Code.    

  4. 20 CFR 410.699a - Penalties for fraud.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Penalties for fraud. 410.699a Section 410.699a Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969... Review, Finality of Decisions, and Representation of Parties § 410.699a Penalties for fraud. The penalty...

  5. 42 CFR 38.8 - Criminal and civil penalties.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Criminal and civil penalties. 38.8 Section 38.8... EXAMINATIONS DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING § 38.8 Criminal and civil penalties... a civil penalty of not more than $5,000 for each violation. (c) Whoever knowingly misapplies the...

  6. 29 CFR 500.143 - Civil money penalty assessment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalty assessment. 500.143 Section 500.143... MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Enforcement § 500.143 Civil money penalty assessment. (a) A civil money penalty may be assessed for each violation of the Act or these regulations. (b) In...

  7. 30 CFR 208.14 - Civil and criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Civil and criminal penalties. 208.14 Section... MANAGEMENT SALE OF FEDERAL ROYALTY OIL General Provisions § 208.14 Civil and criminal penalties. Failure to abide by the regulations in this part may result in civil and criminal penalties being levied on that...

  8. A news media analysis of the economic and reputational penalties of the hospital readmissions reduction program.

    Science.gov (United States)

    Winborn, Melissa S; Alencherril, Joyce; Pagán, José A

    2014-01-01

    Section 3025 of the Affordable Care Act (ACA) of 2010 established the Hospital Readmissions Reduction Program (HRRP), an initiative designed to penalize hospitals with excess 30-day readmissions. This study investigates whether readmission penalties under HRRP impose significant reputational effects on hospitals. Data extracted from 2012 to 2013 news stories suggest that the higher the actual penalty, the higher the perceived cost of the penalty, the more likely it is that hospitals will state they have no control over the low-income patients they serve or that they will describe themselves as safety net providers. The downside of being singled out as a low-quality hospital deserving a relatively high penalty seems to be larger than the upside of being singled out as a high-quality hospital facing a relatively low penalty. Although the financial burden of the penalties seems to be low, hospitals may be reacting to the fact that information about excess readmissions and readmission penalties is being released widely and is scrutinized by the news media and the general public. © The Author(s) 2014.

  9. Tax penalties in SME tax compliance

    Directory of Open Access Journals (Sweden)

    Artur Swistak

    2016-03-01

    Full Text Available Small business tax compliance requires special attention. On the one hand small businesses are often incapable of rigorously fulfilling their tax obligations, more vulnerable to external risks and tempted to exploit opportunities to be non-compliant. On the other hand, unlike larger businesses, they are usually sole proprietors or owner-operated businesses, hence highly responsive to personal, social, cognitive and emotional factors. These attributes pave the way to a better use of measures designed to influence their behavior and choices. This paper discusses the role and effectiveness of tax penalties in enhancing tax compliance in small businesses. It argues that tax penalties, although indispensable for tax enforcement, may not be a first-choice tool in ensuring tax compliance. Too punitive a tax regime is an important barrier to business formalization and increasing severity of tax penalties does not produce the intended results. To be effective, tax penalties should deter and motivate taxpayers rather than exert repressive measures against them.

  10. 78 FR 4057 - Inflation Adjustment of Civil Money Penalty Amounts

    Science.gov (United States)

    2013-01-18

    ...] RIN 2501-AD59 Inflation Adjustment of Civil Money Penalty Amounts AGENCY: Office of the Secretary, HUD. ACTION: Final rule. SUMMARY: This final rule amends HUD's civil money penalty and civil penalty... outdated cross-reference in its civil money penalty regulations. DATES: Effective Date: February 19, 2013...

  11. 78 FR 26545 - Consumer Financial Civil Penalty Fund

    Science.gov (United States)

    2013-05-07

    ... which civil penalties have been imposed under Federal consumer financial laws. In addition, to the... has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565. Section 1017(d)(1) of the Dodd... activities for which civil penalties have been imposed under the Federal consumer financial laws.'' 12 U.S.C...

  12. 78 FR 26489 - Consumer Financial Civil Penalty Fund

    Science.gov (United States)

    2013-05-07

    ... administrative action under Federal consumer financial laws. Under the Act, funds in the Civil Penalty Fund may... Bureau may require a party that has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565... or any other provision of law bars the Bureau from using funds in the Civil Penalty Fund for such...

  13. 29 CFR 501.19 - Civil money penalty assessment.

    Science.gov (United States)

    2010-07-01

    ... workers. (c) A civil money penalty for each violation of the work contract or a requirement of 8 U.S.C..., with the following exceptions: (1) A civil money penalty for each willful violation of the work... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalty assessment. 501.19 Section 501.19 Labor...

  14. [Governance of drug advertising control: assessment of misleading advertising penalties].

    Science.gov (United States)

    Chakroun, R

    2013-04-01

    Loyal promotion of the pharmaceutical industry has been challenged by stakeholders. Drug advertising is the easiest point to assess. Based on the agency theory, our objective was to describe the governance of advertising control when it was misleading and the terms of penalties within the framework of the contradictory process between the industry and the regulatory authorities. We conducted a thorough analysis of the contents of the minutes of the Board of Control of advertising from April 2007 to May 2010. The amounts of penalties were analyzed according to three criteria: the timing of the examination procedure (first session versus second session), the nature of the penalty (ban versus notice of change) and the company's defense strategy (written response versus presence of company representatives). Thirty-nine reports involving 62 projects to ban advertisements were analyzed. The first two causes of penalties were off label promotion and non-objective use of study results to support claims. The Committee issued 47 advertising bans (76%) and 15 formal notices of change (24%). When the defense strategy of the company involved the presence of representatives, there was a significant reduction of votes in favor of a ban (68% versus 81%, Pstrategy did not influence the nature of the penalty (Chi(2)=2.05; P=n.s). These results should be put into perspective considering the fact that the qualitative composition of the commission was not free of potential conflicts of interest and that, moreover, only 10% of the penalty projects were reviewed. In addition, advertising control does not address the issue of the loyalty of the sales forces. Finally, our results open perspectives for research and managerial applications for the governance of advertising controls. Copyright © 2013. Published by Elsevier Masson SAS.

  15. Death Penalty Disposition in China: What Matters?

    Science.gov (United States)

    Li, Yudu; Longmire, Dennis; Lu, Hong

    2018-01-01

    In theory, sentencing decisions should be driven by legal factors, not extra-legal factors. However, some empirical research on the death penalty in the United States shows significant relationships between offender and victim characteristics and death sentence decisions. Despite the fact that China frequently imposes death sentences, few studies have examined these sanctions to see if similar correlations occur in China's capital cases. Using data from published court cases in China involving three violent crimes-homicide, robbery, and intentional assault-this study examines the net impact of offender's gender, race, and victim-offender relationship on death sentence decisions in China. Our overall multiple regression results indicate that, after controlling for other legal and extra-legal variables, an offender's gender, race, and victim-offender relationship did not produce similar results in China when compared with those in the United States. In contrast, it is the legal factors that played the most significant role in influencing the death penalty decisions. The article concludes with explanations and speculations on the unique social, cultural, and legal conditions in China that may have contributed to these correlations.

  16. 45 CFR 160.404 - Amount of a civil money penalty.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Amount of a civil money penalty. 160.404 Section... RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Imposition of Civil Money Penalties § 160.404 Amount of a civil money penalty. (a) The amount of a civil money penalty will be determined in accordance...

  17. It's all in the timing: calibrating temporal penalties for biomedical data sharing.

    Science.gov (United States)

    Xia, Weiyi; Wan, Zhiyu; Yin, Zhijun; Gaupp, James; Liu, Yongtai; Clayton, Ellen Wright; Kantarcioglu, Murat; Vorobeychik, Yevgeniy; Malin, Bradley A

    2018-01-01

    Biomedical science is driven by datasets that are being accumulated at an unprecedented rate, with ever-growing volume and richness. There are various initiatives to make these datasets more widely available to recipients who sign Data Use Certificate agreements, whereby penalties are levied for violations. A particularly popular penalty is the temporary revocation, often for several months, of the recipient's data usage rights. This policy is based on the assumption that the value of biomedical research data depreciates significantly over time; however, no studies have been performed to substantiate this belief. This study investigates whether this assumption holds true and the data science policy implications. This study tests the hypothesis that the value of data for scientific investigators, in terms of the impact of the publications based on the data, decreases over time. The hypothesis is tested formally through a mixed linear effects model using approximately 1200 publications between 2007 and 2013 that used datasets from the Database of Genotypes and Phenotypes, a data-sharing initiative of the National Institutes of Health. The analysis shows that the impact factors for publications based on Database of Genotypes and Phenotypes datasets depreciate in a statistically significant manner. However, we further discover that the depreciation rate is slow, only ∼10% per year, on average. The enduring value of data for subsequent studies implies that revoking usage for short periods of time may not sufficiently deter those who would violate Data Use Certificate agreements and that alternative penalty mechanisms may need to be invoked. © The Author 2017. Published by Oxford University Press on behalf of the American Medical Informatics Association. All rights reserved. For Permissions, please email: journals.permissions@oup.com

  18. 49 CFR 228.21 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 228.21 Section 228.21..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.21 Civil... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

  19. 46 CFR 80.40 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 3 2010-10-01 2010-10-01 false Civil penalty. 80.40 Section 80.40 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PASSENGER VESSELS DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY § 80.40 Civil penalty. For each violation of the regulations in this part, the owner, operator...

  20. 78 FR 672 - Civil Monetary Penalties

    Science.gov (United States)

    2013-01-04

    ... Part 3560 RIN 0575AC93 Civil Monetary Penalties AGENCY: Rural Housing Service, USDA. ACTION: Proposed rule. SUMMARY: The Rural Housing Service (RHS or Agency) proposes to implement two civil monetary... civil monetary penalties under the authority of 42 U.S.C. 1490s (section 543 of the Housing Act of 1949...

  1. Sharp Penalty Term and Time Step Bounds for the Interior Penalty Discontinuous Galerkin Method for Linear Hyperbolic Problems

    NARCIS (Netherlands)

    Geevers, Sjoerd; van der Vegt, J.J.W.

    2017-01-01

    We present sharp and sucient bounds for the interior penalty term and time step size to ensure stability of the symmetric interior penalty discontinuous Galerkin (SIPDG) method combined with an explicit time-stepping scheme. These conditions hold for generic meshes, including unstructured

  2. European perspective and legal framework of death penalty

    Directory of Open Access Journals (Sweden)

    Rudolf Hnidka

    2016-11-01

    Full Text Available Purpose and Originality: The purpose of this research is to find out what is European union doing for the abolition of the death Method: We used analytical and descriptive method and collected data mainly from EU´s online official sources on legal framework of the death penalty and organized them in chronological order as they entered in to legislation in the following chapters. Results: Based on the theoretical explanation of the issue of the death penalty and with outlining of basic international and European treaties on the death penalty, we concluded that the EU in the issue of the death penalty creates its own contracts and demarches and through their action plans and public statements is trying to regulate and gradualy eliminate the death penalty from legislation of individual states. Society: In the 21st century the death penalty is quite often used but also abused and it is important as far as it is possible to enlighten the public with this issue Limitations / further research: It is close to impossible to gather direct sources especialy from the states where this issue is of highest importance and the resources they are providing are distorted

  3. 42 CFR 3.404 - Amount of a civil money penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Amount of a civil money penalty. 3.404 Section 3... money penalty. (a) The amount of a civil money penalty will be determined in accordance with paragraph (b) of this section and § 3.408 of this subpart. (b) The Secretary may impose a civil money penalty...

  4. 78 FR 49370 - Inflation Adjustment of Maximum Forfeiture Penalties

    Science.gov (United States)

    2013-08-14

    ... ``civil monetary penalties provided by law'' at least once every four years. DATES: Effective September 13... increases the maximum civil monetary forfeiture penalties available to the Commission under its rules... maximum civil penalties established in that section to account for inflation since the last adjustment to...

  5. 8 CFR 280.53 - Civil monetary penalties inflation adjustment.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Civil monetary penalties inflation... REGULATIONS IMPOSITION AND COLLECTION OF FINES § 280.53 Civil monetary penalties inflation adjustment. (a) In general. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of...

  6. 32 CFR 269.3 - Civil monetary penalty inflation adjustment.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Civil monetary penalty inflation adjustment. 269... DEFENSE (CONTINUED) MISCELLANEOUS CIVIL MONETARY PENALTY INFLATION ADJUSTMENT § 269.3 Civil monetary penalty inflation adjustment. The Department shall, not later than 180 days after the enactment of the...

  7. 49 CFR 235.9 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 235.9 Section 235.9 Transportation... SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 236 § 235.9 Civil penalty. Any person (an entity of... violates any requirement of this part or causes the violation of any such requirement is subject to a civil...

  8. 8 CFR 1280.53 - Civil monetary penalties inflation adjustment.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Civil monetary penalties inflation... penalties inflation adjustment. (a) In general. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410, 104 Stat. 890, as amended by the Debt...

  9. The Part-Time Pay Penalty for Women in Britain

    OpenAIRE

    Manning, Alan; Petrongolo, Barbara

    2007-01-01

    Women in Britain who work part-time have, on average, hourly earnings about 25% less than that of women working full-time. This gap has widened greatly over the past 30 years. This paper tries to explain this part-time pay penalty. It shows that a sizeable part of the penalty can be explained by the differing characteristics pf FT and PT women. Inclusion of standard demographics halves the estimate of the pay penalty. But inclusion of occupation makes the pay penalty very small, suggesting th...

  10. A penalty guided stochastic fractal search approach for system reliability optimization

    International Nuclear Information System (INIS)

    Mellal, Mohamed Arezki; Zio, Enrico

    2016-01-01

    Modern industry requires components and systems with high reliability levels. In this paper, we address the system reliability optimization problem. A penalty guided stochastic fractal search approach is developed for solving reliability allocation, redundancy allocation, and reliability–redundancy allocation problems. Numerical results of ten case studies are presented as benchmark problems for highlighting the superiority of the proposed approach compared to others from literature. - Highlights: • System reliability optimization is investigated. • A penalty guided stochastic fractal search approach is developed. • Results of ten case studies are compared with previously published methods. • Performance of the approach is demonstrated.

  11. Penalty dynamic programming algorithm for dim targets detection in sensor systems.

    Science.gov (United States)

    Huang, Dayu; Xue, Anke; Guo, Yunfei

    2012-01-01

    In order to detect and track multiple maneuvering dim targets in sensor systems, an improved dynamic programming track-before-detect algorithm (DP-TBD) called penalty DP-TBD (PDP-TBD) is proposed. The performances of tracking techniques are used as a feedback to the detection part. The feedback is constructed by a penalty term in the merit function, and the penalty term is a function of the possible target state estimation, which can be obtained by the tracking methods. With this feedback, the algorithm combines traditional tracking techniques with DP-TBD and it can be applied to simultaneously detect and track maneuvering dim targets. Meanwhile, a reasonable constraint that a sensor measurement can originate from one target or clutter is proposed to minimize track separation. Thus, the algorithm can be used in the multi-target situation with unknown target numbers. The efficiency and advantages of PDP-TBD compared with two existing methods are demonstrated by several simulations.

  12. Penalty Dynamic Programming Algorithm for Dim Targets Detection in Sensor Systems

    Directory of Open Access Journals (Sweden)

    Yunfei Guo

    2012-04-01

    Full Text Available In order to detect and track multiple maneuvering dim targets in sensor systems, an improved dynamic programming track-before-detect algorithm (DP-TBD called penalty DP-TBD (PDP-TBD is proposed. The performances of tracking techniques are used as a feedback to the detection part. The feedback is constructed by a penalty term in the merit function, and the penalty term is a function of the possible target state estimation, which can be obtained by the tracking methods. With this feedback, the algorithm combines traditional tracking techniques with DP-TBD and it can be applied to simultaneously detect and track maneuvering dim targets. Meanwhile, a reasonable constraint that a sensor measurement can originate from one target or clutter is proposed to minimize track separation. Thus, the algorithm can be used in the multi-target situation with unknown target numbers. The efficiency and advantages of PDP-TBD compared with two existing methods are demonstrated by several simulations.

  13. 12 CFR 622.60 - Payment of civil money penalty.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Payment of civil money penalty. 622.60 Section... Rules and Procedures for Assessment and Collection of Civil Money Penalties § 622.60 Payment of civil money penalty. (a) Payment date. Generally, the date designated in the notice of assessment for payment...

  14. 42 CFR 438.704 - Amounts of civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Amounts of civil money penalties. 438.704 Section... SERVICES (CONTINUED) MEDICAL ASSISTANCE PROGRAMS MANAGED CARE Sanctions § 438.704 Amounts of civil money penalties. (a) General rule. The limit on, or the maximum civil money penalty the State may impose varies...

  15. 46 CFR 506.4 - Cost of living adjustments of civil monetary penalties.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Cost of living adjustments of civil monetary penalties... MONETARY PENALTY INFLATION ADJUSTMENT § 506.4 Cost of living adjustments of civil monetary penalties. (a... penalty for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under...

  16. The Imposition of the Death Penalty on Mexican Nationals in the United States and the Cultural, Legal and Political Context

    Directory of Open Access Journals (Sweden)

    James Michael Olivero

    2013-03-01

    Full Text Available This paper reviews death penalty perspectives from the United States, Mexico and international law. The United States practices the death penalty on not only its citizens, but those of other nations who commit capital crimes. Mexico is a death penalty abolitionist state that takes significant issue with the United States over executing Mexican nationals. The paper analyzes the cultural, legal and political conflict between the two countries surrounding the application of the death penalty on Mexican nationals.

  17. Penalty payments for placement of advertising boards and structures

    Directory of Open Access Journals (Sweden)

    Małgorzata Ofiarska

    2017-09-01

    Full Text Available The paper presents the essence, premises of application and sentencing guidelines regarding penalty payments for placement of advertising boards or structures in the public space in violation of regulations and conditions for placement thereof stipulated in the Commune Council resolution (ordinance. Structural elements constituting penalty payments are specified in the Planning and Development Act. The amount of penalty is determined by a decision taken by commune administrator (town mayor, city mayor. The ordinance specifies criteria for establishing the amount of penalty payments, taking into consideration the size of the advertising board or structure and the multiple of applicable advertising fees specified by the Commune Council for a given area or maximum fee recognized in the ordinance. Proceeds from penalty payments constitute a source of municipality’s own revenue, and are included among the so-called non-tax budget receivables.

  18. 42 CFR 493.1834 - Civil money penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalty. 493.1834 Section 493.1834... (CONTINUED) STANDARDS AND CERTIFICATION LABORATORY REQUIREMENTS Enforcement Procedures § 493.1834 Civil money... Secretary to impose civil money penalties on laboratories. Section 1846(b)(3) of the Act specifically...

  19. 77 FR 65100 - Adjustment of Civil Monetary Penalties for Inflation

    Science.gov (United States)

    2012-10-25

    ... Penalties for Inflation AGENCY: Commodity Futures Trading Commission ACTION: Final rule. SUMMARY: The... civil monetary penalties, to adjust for inflation. This rule sets forth the maximum, inflation-adjusted... Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement...

  20. Density-based penalty parameter optimization on C-SVM.

    Science.gov (United States)

    Liu, Yun; Lian, Jie; Bartolacci, Michael R; Zeng, Qing-An

    2014-01-01

    The support vector machine (SVM) is one of the most widely used approaches for data classification and regression. SVM achieves the largest distance between the positive and negative support vectors, which neglects the remote instances away from the SVM interface. In order to avoid a position change of the SVM interface as the result of an error system outlier, C-SVM was implemented to decrease the influences of the system's outliers. Traditional C-SVM holds a uniform parameter C for both positive and negative instances; however, according to the different number proportions and the data distribution, positive and negative instances should be set with different weights for the penalty parameter of the error terms. Therefore, in this paper, we propose density-based penalty parameter optimization of C-SVM. The experiential results indicated that our proposed algorithm has outstanding performance with respect to both precision and recall.

  1. 25 CFR 101.15 - Penalties on default.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Penalties on default. 101.15 Section 101.15 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES LOANS TO INDIANS FROM THE REVOLVING LOAN FUND § 101.15 Penalties on default. Unless otherwise provided in the loan agreement between...

  2. 31 CFR 544.702 - Pre-Penalty Notice; settlement.

    Science.gov (United States)

    2010-07-01

    ... set forth in this paragraph. The failure to submit a response within the applicable time period set... envelope in which the Pre-Penalty Notice was mailed. If the Pre-Penalty Notice was personally delivered by...

  3. Underlying causes of the emerging nonmetropolitan mortality penalty.

    Science.gov (United States)

    Cossman, Jeralynn S; James, Wesley L; Cosby, Arthur G; Cossman, Ronald E

    2010-08-01

    The nonmetropolitan mortality penalty results in an estimated 40 201 excessive US deaths per year, deaths that would not occur if nonmetropolitan and metropolitan residents died at the same rate. We explored the underlying causes of the nonmetropolitan mortality penalty by examining variation in cause of death. Declines in heart disease and cancer death rates in metropolitan areas drive the nonmetropolitan mortality penalty. Future work should explore why the top causes of death are higher in nonmetropolitan areas than they are in metropolitan areas.

  4. 42 CFR 73.21 - Civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Civil money penalties. 73.21 Section 73.21 Public... SELECT AGENTS AND TOXINS § 73.21 Civil money penalties. (a) The Inspector General of the Department of Health and Human Services is delegated authority to conduct investigations and to impose civil money...

  5. 7 CFR 781.4 - Assessment of penalties.

    Science.gov (United States)

    2010-01-01

    ... following penalties: (1) Late-filed reports: One-tenth of one percent of the fair market value, as..., but the total penalty imposed shall not exceed 25 percent of the fair market value of the foreign... accurate information: 25 percent of the fair market value, as determined by the Farm Service Agency, of the...

  6. 49 CFR 599.514 - Assessment of civil penalties.

    Science.gov (United States)

    2010-10-01

    ... ASSISTANCE TO RECYCLE AND SAVE ACT PROGRAM Enforcement § 599.514 Assessment of civil penalties. (a) Not later... the amount of the civil penalty, the severity of the violation and the intent and history of the party...

  7. METHAPHYSICS OF DEATH PENALTY

    Directory of Open Access Journals (Sweden)

    V. E. Gromov

    2017-06-01

    Full Text Available Purpose. The paper studies the problem of death penalty justifiableness in terms of democratic society from the metaphysical viewpoint. Philosophical argumentation to justify death penalty is proposed as opposed to the common idea of inhuman and uncivilized nature of court practice of sentencing to death. The essence of the study is not to rehabilitate law-based murder but to explain dialectic relation of the degrees of moral responsibility of criminals and society nourishing evildoers. The author believes that refusal from death penalty under the pretence of rule of humanism is just a liberal façade, plausible excuse for defective moral state of the society which, rejecting its own guiltiness share as for current disregards of the law, does not grow but downgrades proper human dignity. Methodology. The author applies an approach of dialectic reflection being guided by the perception of unity, relativeness and complementarity of evil and good striving to determine efficient way of resolving their contradictions in the context of moral progress of the society. Originality. Proposing philosophic approach to a death penalty problem instead of legal one, the author is not going to discuss the role of horrification, control or cruelty of the measure of restraint; moreover, he does not consider the issue of its efficiency or inefficiency. The author also does not concern vexation of mind of a criminal sentenced to life imprisonment for “humanitarian” reasons. The purpose of the author is to demonstrate that aim of the punishment is to achieve justice which becomes spiritual challenge and moral recompense not only for the criminal but for the whole society. Conclusions. Crime is first of all a problem of a society; thus, criminal behaviour of certain individuals should only be considered through a prism of moral state of the whole community. Attitude to a death penalty is the problem of spirituality and its dramatic sophistication. The author

  8. 12 CFR 1250.3 - Civil money penalties.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Civil money penalties. 1250.3 Section 1250.3 Banks and Banking FEDERAL HOUSING FINANCE AGENCY ENTERPRISES FLOOD INSURANCE § 1250.3 Civil money... to § 1250.2, the Director of FHFA, or his or her designee, may assess civil money penalties against...

  9. 42 CFR 402.105 - Amount of penalty.

    Science.gov (United States)

    2010-10-01

    ... insurance benefit plans (§ 402.1(c)(21)). (b) $1,000. CMS or OIG may impose a penalty of not more than $1... 42 Public Health 2 2010-10-01 2010-10-01 false Amount of penalty. 402.105 Section 402.105 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL...

  10. 12 CFR 412.13 - Limitations and penalties.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Limitations and penalties. 412.13 Section 412.13 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES ACCEPTANCE OF PAYMENT FROM A NON-FEDERAL SOURCE FOR TRAVEL EXPENSES § 412.13 Limitations and penalties. (a) This part is in addition to and not in...

  11. 45 CFR 160.402 - Basis for a civil money penalty.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Basis for a civil money penalty. 160.402 Section... RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Imposition of Civil Money Penalties § 160.402 Basis for a civil money penalty. (a) General rule. Subject to § 160.410, the Secretary will impose a...

  12. 42 CFR 3.402 - Basis for a civil money penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Basis for a civil money penalty. 3.402 Section 3... money penalty. (a) General rule. A person who discloses identifiable patient safety work product in knowing or reckless violation of the confidentiality provisions shall be subject to a civil money penalty...

  13. The Death Penalty.

    Science.gov (United States)

    Crockett, Mark

    1990-01-01

    Provides a lesson plan on the Eighth Amendment to the U.S. Constitution and the imposition of the death penalty. Focuses on the controversy concerning capital punishment and stimulates critical thinking in an analysis and discussion of eight hypothetical situations. Includes suggestions for readings, videotapes, and writing assignments. (NL)

  14. Eighth Amendment & Death Penalty.

    Science.gov (United States)

    Shortall, Joseph M.; Merrill, Denise W.

    1987-01-01

    Presents a lesson on capital punishment for juveniles based on three hypothetical cases. The goal of the lesson is to have students understand the complexities of decisions regarding the death penalty for juveniles. (JDH)

  15. 24 CFR 1007.70 - Disqualification of lenders and civil money penalties.

    Science.gov (United States)

    2010-04-01

    ... civil money penalties. 1007.70 Section 1007.70 Housing and Urban Development Regulations Relating to....70 Disqualification of lenders and civil money penalties. (a) In general—(1) Grounds for action. HUD... or holder that are guaranteed under this part. (b) Civil money penalties for intentional violations...

  16. 31 CFR 129.6 - Penalties specified by law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Penalties specified by law. 129.6 Section 129.6 Money and Finance: Treasury Regulations Relating to Money and Finance PORTFOLIO INVESTMENT SURVEY REPORTING § 129.6 Penalties specified by law. Reporters are advised that the Act provides the...

  17. 26 CFR 1.162-21 - Fines and penalties.

    Science.gov (United States)

    2010-04-01

    ... country; or (3) A political subdivision of, or corporation or other entity serving as an agency or... (felony or misdemeanor) in a criminal proceeding; (ii) Paid as a civil penalty imposed by Federal, State... potential liability for a fine or penalty (civil or criminal); or (iv) Forfeited as collateral posted in...

  18. 29 CFR 502.19 - Civil money penalty assessment.

    Science.gov (United States)

    2010-07-01

    ... IMMIGRATION AND NATIONALITY ACT (SUSPENDED 6-29-2009) Enforcement of Work Contracts § 502.19 Civil money... money penalty for violation of the work contract will not exceed $1,000 for each violation committed... of the work contract, or for willful discrimination, the civil money penalty shall not exceed $5,000...

  19. The Death Penalty: Pancasila, with Efforts to Eradicated Drugs

    OpenAIRE

    R., Anggun Ariena; Ky, Ade Oktariatas

    2015-01-01

    The rise of drugs criminal in Indonesia at this time, making Indonesia would be drugs emergency. Drugs is an extraordinary crime and need special attention in the eradication effort. Therefore it takes great strength to use legal action heaviest where Indonesia has a death penalty sentence. The purpose of the death penalty is to give hard effect for drugs criminal and as warning for the others. The reality of the death penalty in Indonesia shows the operation of the judicial system is not go...

  20. Composite Differential Evolution with Modified Oracle Penalty Method for Constrained Optimization Problems

    Directory of Open Access Journals (Sweden)

    Minggang Dong

    2014-01-01

    Full Text Available Motivated by recent advancements in differential evolution and constraints handling methods, this paper presents a novel modified oracle penalty function-based composite differential evolution (MOCoDE for constrained optimization problems (COPs. More specifically, the original oracle penalty function approach is modified so as to satisfy the optimization criterion of COPs; then the modified oracle penalty function is incorporated in composite DE. Furthermore, in order to solve more complex COPs with discrete, integer, or binary variables, a discrete variable handling technique is introduced into MOCoDE to solve complex COPs with mix variables. This method is assessed on eleven constrained optimization benchmark functions and seven well-studied engineering problems in real life. Experimental results demonstrate that MOCoDE achieves competitive performance with respect to some other state-of-the-art approaches in constrained optimization evolutionary algorithms. Moreover, the strengths of the proposed method include few parameters and its ease of implementation, rendering it applicable to real life. Therefore, MOCoDE can be an efficient alternative to solving constrained optimization problems.

  1. 24 CFR 30.100 - Settlement of a civil money penalty action.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Settlement of a civil money penalty... Housing and Urban Development CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT Procedures § 30.100 Settlement of a civil money penalty action. The officials listed at subpart B of this part, or their...

  2. 12 CFR 263.62 - Relevant considerations for assessment of civil penalty.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Relevant considerations for assessment of civil... Collection of Civil Money Penalties § 263.62 Relevant considerations for assessment of civil penalty. In... the penalty with respect to the financial resources and good faith of the person charged, the gravity...

  3. An Analysis of the Death Penalty in Indonesia Criminal Law

    Directory of Open Access Journals (Sweden)

    Eddy Rifai

    2017-07-01

    Full Text Available This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali. Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.

  4. 12 CFR 622.55 - Notice of assessment of civil money penalty.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Notice of assessment of civil money penalty... PRACTICE AND PROCEDURE Rules and Procedures for Assessment and Collection of Civil Money Penalties § 622.55 Notice of assessment of civil money penalty. (a) Notice of assessment. The notice of assessment for a...

  5. 29 CFR 801.42 - Civil money penalties-assessment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-assessment. 801.42 Section 801.42... APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Enforcement § 801.42 Civil money penalties—assessment. (a) A civil money penalty in an amount not to exceed $10,000 for any violation may be assessed...

  6. Theoretical and experimental studies of the influence of the number of crosstalk signals on the penalty caused by incoherent optical crosstalk

    DEFF Research Database (Denmark)

    Rasmussen, Christian Jørgen; Liu, Fenghai; Pedersen, Rune Johan Skullerud

    1999-01-01

    Calculations based on the exact probability density function of the received power show that for a fixed total crosstalk power, the incoherent crosstalk penalty increases with the number of crosstalk signals. Performed experiments verify this.......Calculations based on the exact probability density function of the received power show that for a fixed total crosstalk power, the incoherent crosstalk penalty increases with the number of crosstalk signals. Performed experiments verify this....

  7. 31 CFR 91.14 - Penalties and other law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Penalties and other law. 91.14... CONDUCT IN OR ON THE BUREAU OF THE MINT BUILDINGS AND GROUNDS § 91.14 Penalties and other law. Whoever...). Nothing contained in the regulations in this part shall be construed to abrogate any other Federal laws or...

  8. 5 CFR 2634.909 - Procedures, penalties, and ethics agreements.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Procedures, penalties, and ethics agreements. 2634.909 Section 2634.909 Administrative Personnel OFFICE OF GOVERNMENT ETHICS GOVERNMENT ETHICS... Financial Disclosure Reports § 2634.909 Procedures, penalties, and ethics agreements. (a) The provisions of...

  9. 78 FR 22798 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

    Science.gov (United States)

    2013-04-17

    .... 5101 et seq.). Section 5123(a) of that law provides civil penalties for knowing violations of Federal... 107--Guidelines for Civil Penalties * * * * * IV. * * * C. * * * Under the Federal hazmat law, 49 U.S... Maximum and Minimum Civil Penalties AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA...

  10. Death Penalty and Happiness in States. Was Jeremy Bentham right?

    Directory of Open Access Journals (Sweden)

    Maarten Berg

    2010-07-01

    Full Text Available Jeremy Bentham is best known as the founding father of utilitarianism, a moral philosophy that values ‘happiness’ more than all other goals in life. According to this creed, policies should be directed at ‘the greatest happiness for the greatest number’. Besides formulating this general principle, Bentham wrote about several specific topics including the death penalty, which he passionately opposed. He did so, however, without applying his own utilitarian method. In this article the relationship between death penalty and happiness is studied empirically. Average happiness of citizens is compared in states with and without death penalty. Comparisons are made across 127 nation states in the early 2000s and among 47 federal states within the US over the years 1970-2000. The results show that Bentham, from the perspective of his own ethical philosophy, was too negative about the death penalty. It hardly undermines the happiness of nation states and it does not undermine the happiness of American states at all. If one opposes the death penalty, it should be done for non-utilititarian reasons.

  11. 24 CFR 30.80 - Factors in determining amount of civil money penalty.

    Science.gov (United States)

    2010-04-01

    ... civil money penalty. 30.80 Section 30.80 Housing and Urban Development Office of the Secretary, Department of Housing and Urban Development CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT Procedures § 30.80 Factors in determining amount of civil money penalty. After determining that a respondent has...

  12. 17 CFR 143.8 - Inflation-adjusted civil monetary penalties.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Inflation-adjusted civil... JURISDICTION General Provisions § 143.8 Inflation-adjusted civil monetary penalties. (a) Unless otherwise amended by an act of Congress, the inflation-adjusted maximum civil monetary penalty for each violation of...

  13. Non-clairvoyant weighted flow time scheduling with rejection penalty

    DEFF Research Database (Denmark)

    Chan, Ho-Leung; Chan, Sze-Hang; Lam, Tak-Wah

    2012-01-01

    is defined as the weighted flow time of the job plus the penalty if it is rejected before completion. Previous work on minimizing the total user cost focused on the clairvoyant single-processor setting [BBC+03,CLL11] and has produced O(1)-competitive online algorithm for jobs with arbitrary weights...... algorithm has to decide job rejection and determine the order and speed of job execution. It is interesting to study the tradeoff between the above-mentioned user cost and energy. This paper gives two O(1)-competitive non-clairvoyant algorithms for minimizing the user cost plus energy on a single processor......This paper initiates the study of online scheduling with rejection penalty in the non-clairvoyant setting, i.e., the size (processing time) of a job is not assumed to be known at its release time. In the rejection penalty model, jobs can be rejected with a penalty, and the user cost of a job...

  14. 31 CFR 585.701 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... § 585.701 Penalties. (a) Attention is directed to section 206 of the International Emergency Economic... fine, imprisonment or both, and any property, funds, securities, papers, or other articles or documents...

  15. 32 CFR 269.4 - Cost of living adjustments of civil monetary penalties.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Cost of living adjustments of civil monetary... DEFENSE (CONTINUED) MISCELLANEOUS CIVIL MONETARY PENALTY INFLATION ADJUSTMENT § 269.4 Cost of living... increasing the maximum civil monetary penalty for each civil monetary penalty by the cost-of-living...

  16. 13 CFR 127.700 - What penalties may be imposed under this part?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What penalties may be imposed under this part? 127.700 Section 127.700 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES Penalties § 127.700 What penalties may...

  17. Overeducation and Employment Mismatch: Wage Penalties for College Degrees in Business

    Science.gov (United States)

    Li, Ihsuan; Malvin, Mathew; Simonson, Robert D.

    2015-01-01

    Overeducation and underemployment are of increasing national concern. Recent research estimates that 48% of workers are overeducated for their positions. The wage penalty for overeducation varies significantly across majors by gender. Using the American Community Survey (Ruggles et al., 2010), the authors examine the extent of overeducation among…

  18. 31 CFR 594.701 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... Penalties. (a) Attention is directed to section 206 of the International Emergency Economic Powers Act (the... punished by a like fine, imprisonment, or both and any property, funds, securities, papers, or other...

  19. 31 CFR 543.701 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... Penalties. (a) Attention is directed to section 206 of the International Emergency Economic Powers Act (50 U... fine, imprisonment, or both and any property, funds, securities, papers, or other articles or documents...

  20. Young, Black, and Sentenced To Die: Black Males and the Death Penalty.

    Science.gov (United States)

    Joseph, Janice

    1996-01-01

    Explores the death penalty as imposed on young black males in the United States and examines the disparity in death penalty rates for homicides with black offenders and white victims. States continue to impose the death penalty rather than viewing youth violence as a failure of the social system. (SLD)

  1. 14 CFR 13.305 - Cost of living adjustments of civil monetary penalties.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Cost of living adjustments of civil... Inflation Adjustment § 13.305 Cost of living adjustments of civil monetary penalties. (a) Except for the... and maximum civil monetary penalty for each civil monetary penalty by the cost-of-living adjustment...

  2. Death Penalty in America.

    Science.gov (United States)

    Clifford, Amie L.

    1997-01-01

    Examines the legal and moral issues, controversies, and unique trial procedures involved with the death penalty. Discusses the 1972 landmark Supreme Court decision that resulted in many states abolishing this punishment, only to reintroduce it later with different provisions. Reviews the controversial case of Sam Sheppard. (MJP)

  3. 49 CFR 92.35 - Interest, penalties and administrative costs.

    Science.gov (United States)

    2010-10-01

    ... accrue until payment is received. Interest shall be calculated only on the principal of the debt (simple... 49 Transportation 1 2010-10-01 2010-10-01 false Interest, penalties and administrative costs. 92... UNITED STATES BY SALARY OFFSET § 92.35 Interest, penalties and administrative costs. (a) Where a DOT...

  4. 49 CFR 236.0 - Applicability, minimum requirements, and penalties.

    Science.gov (United States)

    2010-10-01

    ... persons, or has caused death or injury, a penalty not to exceed $100,000 per violation may be assessed... state law seeking damages for personal injury, death, or property damage alleging that a party has... 49 Transportation 4 2010-10-01 2010-10-01 false Applicability, minimum requirements, and penalties...

  5. 42 CFR 422.758 - Collection of civil money penalties imposed by CMS.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Collection of civil money penalties imposed by CMS... § 422.758 Collection of civil money penalties imposed by CMS. (a) When an MA organization does not request a hearing, CMS initiates collection of the civil money penalty following the expiration of the...

  6. 49 CFR Appendix C to Part 220 - Schedule of Civil Penalties 1

    Science.gov (United States)

    2010-10-01

    ... a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for... right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR... correspond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and...

  7. 30 CFR 250.1400 - How does MMS begin the civil penalty process?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false How does MMS begin the civil penalty process...) Civil Penalties § 250.1400 How does MMS begin the civil penalty process? This subpart explains MMS's... other minerals operations in the OCS has a violation. Whenever MMS determines, on the basis of available...

  8. Appropriate design of auctions for renewable energy support – Prequalifications and penalties

    International Nuclear Information System (INIS)

    Kreiss, Jan; Ehrhart, Karl-Martin; Haufe, Marie-Christin

    2017-01-01

    Auctions are a promising tool to accomplish renewable energy support (RES). However, they involve diverse risks for the auctioneer and the bidders. The major risk for the auctioneer – with respect to the expansion target and the acceptance of auctions for RES in general – is the risk of non-realization: awarded bidders do not realize their projects. The main reasons are bidders' uncertainties concerning their project costs. The auctioneer can reduce the non-realization risk by taking various measures. The most discussed and implemented measures are financial and physical prequalifications and penalties. An evaluation of these measures has relevant implications for an appropriate auctions design for RES. The non-realization option induces lower bids. A suitable combination of financial and physical prequalifications can reduce the non-realization risk significantly, however, involves sunk costs. Counterintuitively, first-price auction and second-price auction lead to different expected award prices and different realization probabilities. Penalties bear a high risk of inefficient auction outcomes. The appropriate parametrization and combination of the measures is challenging. Under consideration of all implications, we recommend high financial and adjusted physical prequalifications to achieve a sufficiently high realization rate while maintaining efficiency. - Highlights: • The non-realization risk is a major problem of auctions for RES. • Designated measures are financial and physical prequalifications and penalties. • Prequalifications and penalties have different effects on auction outcome. • The non-realization option violates the revenue equivalence theorem. • We recommend high financial and adjusted physical prequalifications.

  9. 42 CFR 423.758 - Collection of civil money penalties imposed by CMS.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Collection of civil money penalties imposed by CMS... Intermediate Sanctions § 423.758 Collection of civil money penalties imposed by CMS. (a) When a Part D plan sponsor does not request a hearing CMS initiates collection of the civil money penalty following the...

  10. Discrimination and instructional comprehension: guided discretion, racial bias, and the death penalty.

    Science.gov (United States)

    Lynch, M; Haney, C

    2000-06-01

    This study links two previously unrelated lines of research: the lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.

  11. Do Red and Blue Uniforms Matter in Football and Handball Penalties?

    Science.gov (United States)

    Krenn, Bjoern; Pernhaupt, Niklas; Handsteiner, Markus

    2017-12-01

    Past research has revealed ambiguous results on the impact of red uniforms in sports competition. The current study was aimed at analyzing the role of red and blue uniforms in football and handball penalties. Two experiments were conducted using a within subjects design, where participants rated uniform color-manipulated video clips. In the first study, participants (n = 39) watched footage of football players kicking a penalty, whereas in the second study (n = 118) videos of handball penalty takers, handball goalkeepers and football goalkeepers preparing themselves to score/save a penalty were shown. Participants rated player's/goalkeeper's level of confidence and the expected position of the ball crossing the goal line in the first experiment and additionally the probability of scoring the penalty against the goalkeepers in the second experiment. The videos stopped at the point where the ball was leaving the foot and hand respectively. Results did not show any beneficial impact of red uniforms. Rather, football players wearing blue were rated to kick the ball higher. The study contradicts any positive effect of red versus blue uniforms in the context of football and handball penalties, which emphasizes the need of searching for potential moderators of color's impact on human behavior.

  12. Public Opinion and the Death Penalty: A Qualitative Approach

    Science.gov (United States)

    Falco, Diana L.; Freiburger, Tina L.

    2011-01-01

    Strong public support for capital punishment is arguably the number one reason why the death penalty continues to be used as a form of correctional policy in the U.S. criminal justice system. Therefore, it is fundamental that the measure of death penalty opinion be heavily scrutinized. Utilizing a methodological approach not typically employed in…

  13. The Impact of Information on Death Penalty Support, Revisited

    Science.gov (United States)

    Lambert, Eric G.; Camp, Scott D.; Clarke, Alan; Jiang, Shanhe

    2011-01-01

    In 1972, former Supreme Court Justice Marshall postulated that the public was uninformed about the death penalty and information would change their support for it. There is some indication that information about the death penalty may change people's level of support. This study re-examines data used by Lambert and Clarke (2001). Using multivariate…

  14. On the definition of penalty functions in data aggregation

    Czech Academy of Sciences Publication Activity Database

    Bustince, H.; Beliakov, G.; Dimuro, G. P.; Bedregal, B.; Mesiar, Radko

    2017-01-01

    Roč. 323, č. 1 (2017), s. 1-18 ISSN 0165-0114 Institutional support: RVO:67985556 Keywords : Aggregation functions * Averaging aggregation function * Penalty functions * Quasi-penalty functions * Spread measures Subject RIV: BA - General Mathematics OBOR OECD: Pure mathematics Impact factor: 2.718, year: 2016 http://library.utia.cas.cz/separaty/2017/E/mesiar-0477083.pdf

  15. Accurate formulas for the penalty caused by interferometric crosstalk

    DEFF Research Database (Denmark)

    Rasmussen, Christian Jørgen; Liu, Fenghai; Jeppesen, Palle

    2000-01-01

    New simple formulas for the penalty caused by interferometric crosstalk in PIN receiver systems and optically preamplified receiver systems are presented. They are more accurate than existing formulas.......New simple formulas for the penalty caused by interferometric crosstalk in PIN receiver systems and optically preamplified receiver systems are presented. They are more accurate than existing formulas....

  16. Penalty methods for the numerical solution of American multi-asset option problems

    Science.gov (United States)

    Nielsen, Bjørn Fredrik; Skavhaug, Ola; Tveito, Aslak

    2008-12-01

    We derive and analyze a penalty method for solving American multi-asset option problems. A small, non-linear penalty term is added to the Black-Scholes equation. This approach gives a fixed solution domain, removing the free and moving boundary imposed by the early exercise feature of the contract. Explicit, implicit and semi-implicit finite difference schemes are derived, and in the case of independent assets, we prove that the approximate option prices satisfy some basic properties of the American option problem. Several numerical experiments are carried out in order to investigate the performance of the schemes. We give examples indicating that our results are sharp. Finally, the experiments indicate that in the case of correlated underlying assets, the same properties are valid as in the independent case.

  17. 75 FR 39641 - Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes

    Science.gov (United States)

    2010-07-12

    ... law judge (ALJ) reverses the civil money penalty determination in whole or in part, the escrowed..., widespread harm, or resulting in a resident's death is not eligible for the civil money penalty reduction... Penalties for Nursing Homes AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed...

  18. 47 CFR 0.560 - Penalty for false representation of identity.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Penalty for false representation of identity. 0.560 Section 0.560 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL COMMISSION ORGANIZATION Privacy Act Regulations § 0.560 Penalty for false representation of identity. Any individual who knowingly...

  19. Selection and Penalty Strategies for Genetic Algorithms Designed to Solve Spatial Forest Planning Problems

    International Nuclear Information System (INIS)

    Thompson, M.P.; Sessions, J.; Hamann, J.D.

    2009-01-01

    Genetic algorithms (GAs) have demonstrated success in solving spatial forest planning problems. We present an adaptive GA that incorporates population-level statistics to dynamically update penalty functions, a process analogous to strategic oscillation from the tabu search literature. We also explore performance of various selection strategies. The GA identified feasible solutions within 96%, 98%, and 93% of a non spatial relaxed upper bound calculated for landscapes of 100, 500, and 1000 units, respectively. The problem solved includes forest structure constraints limiting harvest opening sizes and requiring minimally sized patches of mature forest. Results suggest that the dynamic penalty strategy is superior to the more standard static penalty implementation. Results also suggest that tournament selection can be superior to the more standard implementation of proportional selection for smaller problems, but becomes susceptible to premature convergence as problem size increases. It is therefore important to balance selection pressure with appropriate disruption. We conclude that integrating intelligent search strategies into the context of genetic algorithms can yield improvements and should be investigated for future use in spatial planning with ecological goals.

  20. La pena de muerte/The death penalty

    Directory of Open Access Journals (Sweden)

    Eduardo López Bentacourt (México

    2009-01-01

    Full Text Available La pena de muerte debe aplicarse debido a múltiples ventajas, argumentos que los abolicionistas se han esmerado en pasar por alto. Es urgente llevar a cabo esta sanción ya que los entes cancerígenos de la sociedad deben ser erradicados para que los problemas sociales no se sigan expandiendo. Sin embargo esta pena debe aplicarse bajo ciertos criterios, es decir en casos extremos y siempre y cuando las autoridades y órganos policíacos hayan desaparecido. La pena de muerte representa el más elemental derecho de legítima defensa social. The death penalty should be applied due to many advantages, arguments that abolitionists have tried to ignore. It is urgent to carry out this punishment since carcinogenic entities of the society must be eradicated, so that social problems have not continue expanding. However this penalty should apply under certain criteria, i.e. in extreme cases and provided the authorities and police bodies have disappeared. The death penalty represents the most basic right of legitimate social defence.

  1. 76 FR 71554 - Civil Penalties; Notice of Adjusted Maximum Amounts

    Science.gov (United States)

    2011-11-18

    ... Substances Act (FHSA), and the Flammable Fabrics Act (FFA). The Improvement Act added civil penalty authority... penalty amounts authorized under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the Consumer Product Safety Improvement Act of 2008...

  2. Dispersion induced penalty for a 1xN passive interferometric optical MUX/DEMUX and its reduction using all-pass filters

    DEFF Research Database (Denmark)

    Leick, Lasse; Peucheret, Christophe

    2002-01-01

    The cascadability of 1timesN passband flattened interferometer DEMUX is investigated numerically. The passband flattening process results in detrimental dispersion induced penalty at 10 Gbit/s which can be significantly reduced with all-pass filters on the input arm......The cascadability of 1timesN passband flattened interferometer DEMUX is investigated numerically. The passband flattening process results in detrimental dispersion induced penalty at 10 Gbit/s which can be significantly reduced with all-pass filters on the input arm...

  3. 17 CFR Table IV to Subpart E of... - Civil Monetary Penalty Inflation Adjustments

    Science.gov (United States)

    2010-04-01

    ... Inflation Adjustments IV Table IV to Subpart E of Part 201 Commodity and Securities Exchanges SECURITIES AND... Table IV to Subpart E of Part 201—Civil Monetary Penalty Inflation Adjustments Table IV to Subpart E U.S. Code citation Civil monetary penalty inflation adjustments Civil monetary penalty description Year...

  4. 42 CFR 422.752 - Basis for imposing intermediate sanctions and civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... money penalties. 422.752 Section 422.752 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... Sanctions § 422.752 Basis for imposing intermediate sanctions and civil money penalties. (a) All... sanctions at 422.750(a)(1) and (a)(3). (c) Civil Money Penalties. (1) CMS. In addition to, or in place of...

  5. 30 CFR 250.1406 - When will MMS notify me and provide penalty information?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false When will MMS notify me and provide penalty information? 250.1406 Section 250.1406 Mineral Resources MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE... (OCS) Civil Penalties § 250.1406 When will MMS notify me and provide penalty information? If the...

  6. 31 CFR 596.701 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... ASSETS CONTROL, DEPARTMENT OF THE TREASURY TERRORISM LIST GOVERNMENTS SANCTIONS REGULATIONS Penalties..., in consultation with the Secretary of State, a United States person, knowing or having reasonable.... App. 2405, as a country supporting international terrorism, engages in a financial transaction with...

  7. 6 CFR 13.43 - Collection of civil penalties and assessments.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Collection of civil penalties and assessments. 13.43 Section 13.43 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.43 Collection of civil penalties and assessments. Sections 3806 and 3808...

  8. Kicks from the penalty mark in soccer: the roles of stress, skill, and fatigue for kick outcomes.

    Science.gov (United States)

    Jordet, Geir; Hartman, Esther; Visscher, Chris; Lemmink, Koen A P M

    2007-01-15

    The soccer "penalty shootout" in the knock-out phase of major international tournaments is one of the most dramatic events in international soccer. The outcome of these kicks is typically attributed to factors such as psychology (e.g. coping with stress), skill (e.g. kicking technique), physiology (e.g. overcoming the fatigue of 120 min play), and chance (e.g. in what direction the goalkeeper moves). The purpose of this study was to use internet game record data to estimate the relative importance of these performance components for the outcome of penalty kicks in international matches. Data were collected from soccer statistics internet sites on all 41 penalty shootouts and 409 kicks taken in the World Cup, European Championships, and Copa America between 1976 and 2004. The results showed that the importance of the kicks (indicative of stress) was negatively related to the outcomes of the kicks, whereas skill and fatigue were less, or not, related to outcome. It was concluded that psychological components are most influential for the outcome of penalty kicks. We recommend that practitioners work with players to reduce the perceived importance of each kick.

  9. 78 FR 24336 - Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation

    Science.gov (United States)

    2013-04-25

    ... civil monetary penalty was last set or adjusted pursuant to law.'' Furthermore, the increase for each...; Adjusting Civil Money Penalties for Inflation AGENCY: Farm Credit Administration. ACTION: Final rule. SUMMARY: This regulation implements inflation adjustments to civil money penalties (CMPs) that the Farm...

  10. Social penalty promotes cooperation in a cooperative society.

    Science.gov (United States)

    Ito, Hiromu; Yoshimura, Jin

    2015-08-04

    Why cooperation is well developed in human society is an unsolved question in biological and human sciences. Vast studies in game theory have revealed that in non-cooperative games selfish behavior generally dominates over cooperation and cooperation can be evolved only under very limited conditions. These studies ask the origin of cooperation; whether cooperation can evolve in a group of selfish individuals. In this paper, instead of asking the origin of cooperation, we consider the enhancement of cooperation in a small already cooperative society. We ask whether cooperative behavior is further promoted in a small cooperative society in which social penalty is devised. We analyze hawk-dove game and prisoner's dilemma introducing social penalty. We then expand it for non-cooperative games in general. The results indicate that cooperation is universally favored if penalty is further imposed. We discuss the current result in terms of the moral, laws, rules and regulations in a society, e.g., criminology and traffic violation.

  11. Critical Analysis of Abolition of Death Penalty in International Law ...

    African Journals Online (AJOL)

    The death penalty has been an issue of debate for decades and several reasons have been given that make recourse to the death penalty appears necessary, such as, that it serves as a deterrent, it meets the need for retribution and that of public opinion demands its imposition. Conversely, more convincing arguments ...

  12. 25 CFR 304.1 - Penalties for imitation or unauthorized use.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 2 2010-04-01 2010-04-01 false Penalties for imitation or unauthorized use. 304.1... SILVER, USE OF GOVERNMENT MARK § 304.1 Penalties for imitation or unauthorized use. The use of Government trade-marks in an unauthorized manner, or the colorable imitation of such marks, is subject to the...

  13. 6 CFR 13.3 - Basis for civil penalties and assessments.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Basis for civil penalties and assessments. 13.3 Section 13.3 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.3 Basis for civil penalties and assessments. (a) Claims. (1) Except as provided in...

  14. 12 CFR 747.1001 - Adjustment of civil money penalties by the rate of inflation.

    Science.gov (United States)

    2010-01-01

    ... of inflation. 747.1001 Section 747.1001 Banks and Banking NATIONAL CREDIT UNION ADMINISTRATION... PROCEDURE, AND INVESTIGATIONS Inflation Adjustment of Civil Monetary Penalties § 747.1001 Adjustment of civil money penalties by the rate of inflation. (a) NCUA is required by the Federal Civil Penalties...

  15. 29 CFR 4010.14 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... Relating to Labor (Continued) PENSION BENEFIT GUARANTY CORPORATION CERTAIN REPORTING AND DISCLOSURE REQUIREMENTS ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING § 4010.14 Penalties. If all of the information required under this part is not provided within the specified time limit, PBGC may assess a...

  16. The Within-Job Motherhood Wage Penalty in Norway, 1979-1996

    Science.gov (United States)

    Petersen, Trond; Penner, Andrew M.; Hogsnes, Geir

    2010-01-01

    The motherhood wage penalty is a substantial obstacle to progress in gender equality at work. Using matched employer-employee data from Norway (1979-1996, N = 236,857 individuals, N = 1,027,462 individual-years), a country with public policies that promote combining family and career, we investigate (a) whether the penalty arises from differential…

  17. 29 CFR 501.22 - Civil money penalties-payment and collection.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-payment and collection. 501.22... SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT Enforcement § 501.22 Civil money penalties—payment and collection. Where a civil money penalty is assessed in a final order by the WHD Administrator, by an ALJ, or...

  18. 29 CFR 579.5 - Determining the amount of the penalty and assessing the penalty.

    Science.gov (United States)

    2010-07-01

    ..., DEPARTMENT OF LABOR REGULATIONS CHILD LABOR VIOLATIONS-CIVIL MONEY PENALTIES § 579.5 Determining the amount... to child labor or of any regulation issued under that section, will be based on the available... (2) Whether the evidence shows that the person so charged had no previous history of child labor...

  19. Improved solution for ill-posed linear systems using a constrained optimization ruled by a penalty: evaluation in nuclear medicine tomography

    International Nuclear Information System (INIS)

    Walrand, Stephan; Jamar, François; Pauwels, Stanislas

    2009-01-01

    Ill-posed linear systems occur in many different fields. A class of regularization methods, called constrained optimization, aims to determine the extremum of a penalty function whilst constraining an objective function to a likely value. We propose here a novel heuristic way to screen the local extrema satisfying the discrepancy principle. A modified version of the Landweber algorithm is used for the iteration process. After finding a local extremum, a bound is performed to the 'farthest' estimate in the data space still satisfying the discrepancy principle. Afterwards, the modified Landweber algorithm is again applied to find a new local extremum. This bound-iteration process is repeated until a satisfying solution is reached. For evaluation in nuclear medicine tomography, a novel penalty function that preserves the edge steps in the reconstructed solution was evaluated on Monte Carlo simulations and using real SPECT acquisitions as well. Surprisingly, the first bound always provided a significantly better solution in a wide range of statistics

  20. 7 CFR 900.211 - Penalties.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Penalties. 900.211 Section 900.211 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements... custody of such official pursuant to the provisions of a marketing agreement or marketing order shall be...

  1. INDONESIA’S DEATH PENALTY EXECUTION FROM THE REALIST VIEW OF INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Alia Azmi

    2015-06-01

    Full Text Available During the first half of 2015, Indonesia executed fourteen prisoners who had been convicted of smuggling drugs to and from Indonesia. Twelve of them were foreigners. This execution led to withdrawal of the ambassador of Brazil, Netherlands, and Australia, whose citizens are among those executed. Criticism came from around the world, and small number of Indonesians. Most critics cited human rights abuse; and death penalty is against international law. However, the lack of further explanation can make the statement misunderstood. The distinctive nature of international law is one factor that makes death penalty issue is still debatable. Another factor is the inconsistent world’s reaction on human rights issues, showing realistic behavior in international relations. Therefore it is important to understand the nature of international law from the realist perspective of international relations in explaining death penalty in Indonesia. The purpose of this paper is to elaborate Indonesia’s death penalty from the realist perspective of international law. Keywords: realism, international law, international relations, death penalty

  2. 30 CFR 241.77 - How may MMS collect the penalty?

    Science.gov (United States)

    2010-07-01

    ... the amount of the penalty from any sums the United States owes to you; and (3) Using judicial process to compel your payment under 30 U.S.C. 1719(k). (b) If the Department uses judicial process, or if you seek judicial review under § 241.74 and the court upholds assessment of a penalty, the court shall...

  3. Abolition or mitigation of the death penalty - A perspective on the laws of Israel

    Directory of Open Access Journals (Sweden)

    F. N. Lion-Cachet

    1994-06-01

    Full Text Available The issue concerning the topic of the death penalty for capital offences is still widely discussed. Those supporting the retention of the death penalty mostly quote the Old Testament as their source of authority. The question, however, is whether confirmation has not been found too easily in the Old Testament, without fully taking into account the conditions of the period. Or should the death penalty not be applied for transgressions other than manslaughter as well? In this paper special attention will he given to the demand for the death penalty for manslaughter and other crimes. The question whether the implementation of the death penalty in the history of old Israel implies the retention or mitigation thereof, will also have to be answered.

  4. 75 FR 72935 - Revisions to the Civil Penalty Inflation Adjustment Tables

    Science.gov (United States)

    2010-11-29

    ... environmental assessment or environmental impact statement under the National Environmental Policy Act in the... for inflation the minimum and maximum civil monetary penalty amounts the FAA may impose for violations... civil monetary penalties for violations of the statues it enforces to preserve their deterrent effect...

  5. 26 CFR 1.6662-1 - Overview of the accuracy-related penalty.

    Science.gov (United States)

    2010-04-01

    ... one or more of the following: (a) Negligence or disregard of rules or regulations; (b) Any substantial..., i.e., the penalties for negligence or disregard of rules or regulations, substantial understatements...), respectively. The penalties for negligence and for a substantial (or gross) valuation misstatement under...

  6. Getting to the point: attempting to improve juror comprehension of capital penalty phase instructions.

    Science.gov (United States)

    Smith, Amy E; Haney, Craig

    2011-10-01

    This research examined the effects of several versions of capital penalty phase instructions on juror comprehension. Study One documented the impact of California's recently implemented "plain language" instruction. It showed that although the new instruction has clear advantages over the previous version, significant comprehension problems remain. Study Two evaluated several modified instructions designed to enhance comprehension. Participants heard either a standard patterned instruction or one of two alternatives-a psycholinguistically improved instruction, or a "pinpoint" instruction using case-related facts to illustrate key terms-in a simulated death penalty sentencing phase. Persons who heard modified instructions demonstrated higher levels of comprehension on virtually every measure as compared to those in the standard instruction condition.

  7. Forensic DNA evidence and the death penalty in the Philippines.

    Science.gov (United States)

    De Ungria, M C A; Sagum, M S; Calacal, G C; Delfin, F C; Tabbada, K A; Dalet, M R M; Te, T O; Diokno, J I; Diokno, M S I; Asplen, C A

    2008-09-01

    The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence. Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as 'criminal paternity'. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.

  8. 19 CFR 162.66 - Penalties for unlading narcotic drugs or marihuana without a permit.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Penalties for unlading narcotic drugs or marihuana... Substances, Narcotics, and Marihuana § 162.66 Penalties for unlading narcotic drugs or marihuana without a permit. In every case where a narcotic drug or marihuana is unladen without a permit, the penalties...

  9. 49 CFR Appendix B to Part 223 - Schedule of Civil Penalties 1

    Science.gov (United States)

    2010-10-01

    ... convenience, penalty citations will cite the CFR section and the penalty code, if any. FRA reserves the right... assessed against an individual only for a willful violation. The Administrator reserves the right to assess...

  10. 28 CFR 20.25 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS State and Local Criminal History Record Information Systems § 20.25 Penalties. Any agency or individual violating subpart B of these regulations shall..., OJARS may initiate fund cut-off procedures against recipients of OJARS assistance. [41 FR 11715, Mar. 19...

  11. 76 FR 63574 - Tax Return Preparer Penalties Under Section 6695; Correction

    Science.gov (United States)

    2011-10-13

    ... Tax Return Preparer Penalties Under Section 6695; Correction AGENCY: Internal Revenue Service (IRS... to the tax return preparer penalties under section 6695 of the Internal Revenue Code. The proposed regulations are necessary to monitor and to improve compliance with the tax return preparer due to diligence...

  12. Strategy changing penalty promotes cooperation in spatial prisoner’s dilemma game

    International Nuclear Information System (INIS)

    Jin Qing; Wang Zhen; Wang Zhen; Wang Yiling

    2012-01-01

    Many classical studies suggest that punishment is a useful way to promote cooperation in the well-mixed public goods game, whereas relative evidence in the research of spatial prisoner’s dilemma game is absent. To address this issue, we introduce a mechanism of strategy changing penalty, combining memory and penalty during the update process, into spatial prisoner’s dilemma game. We find that increasing penalty rate or memory length is able to promote the evolution of cooperation monotonously. Compared with traditional version, recorded penalty could facilitate cooperation better. Moreover, through examining the process of evolution, we provide an interpretation for this promotion phenomenon, namely, the effect of promotion can be warranted by an evolution resonance of standard deviation of fitness coefficient. Finally, we validate our results by studying the impact of uncertainty within strategy adoptions on the evolution of cooperation. We hope that our work may shed light on the understanding of the cooperative behavior in the society.

  13. 49 CFR 89.23 - Interest, late payment penalties, and collection charges.

    Science.gov (United States)

    2010-10-01

    ... received. Interest shall be calculated only on the principal of the debt (simple interest). The rate of... 49 Transportation 1 2010-10-01 2010-10-01 false Interest, late payment penalties, and collection... THE FEDERAL CLAIMS COLLECTION ACT Collection of Claims § 89.23 Interest, late payment penalties, and...

  14. 6 CFR 13.31 - Determining the amount of penalties and assessments.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Determining the amount of penalties and assessments. 13.31 Section 13.31 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.31 Determining the amount of penalties and assessments. (a) In...

  15. 40 CFR 80.80 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... characteristics that would have existed if the gasoline giving rise to the violations had been produced or... reformulated gasoline that is produced or imported and offered for sale and for which the requirements to... FUELS AND FUEL ADDITIVES Reformulated Gasoline § 80.80 Penalties. (a) Any person that violates any...

  16. Death Penalty Decisions: Instruction Comprehension, Attitudes, and Decision Mediators

    OpenAIRE

    Patry, Marc W.; Penrod, Steven D.

    2013-01-01

    A primary goal of this research was to empirically evaluate a set of assumptions, advanced in the Supreme Court’s ruling in Buchanan v. Angelone (1998), about jury comprehension of death penalty instructions. Further, this research examined the use of evidence in capital punishment decision making by exploring underlying mediating factors upon which death penalty decisions may be based. Manipulated variables included the type of instructions and several variations of evidence. Study 1 was a p...

  17. 42 CFR 423.760 - Determinations regarding the amount of civil money penalties and assessment imposed by CMS.

    Science.gov (United States)

    2010-10-01

    ... penalties and assessment imposed by CMS. 423.760 Section 423.760 Public Health CENTERS FOR MEDICARE... penalties and assessment imposed by CMS. (a) Determining the appropriate amount of any penalty. In determining the amount of penalty imposed under 423.752(c)(1), CMS will consider as appropriate: (1) The...

  18. 17 CFR 8.10 - Predetermined penalties.

    Science.gov (United States)

    2010-04-01

    ... Section 8.10 Commodity and Securities Exchanges COMMODITY FUTURES TRADING COMMISSION EXCHANGE PROCEDURES FOR DISCIPLINARY, SUMMARY, AND MEMBERSHIP DENIAL ACTIONS Disciplinary Procedure § 8.10 Predetermined... the rules of an exchange establish predetermined penalties, the disciplinary committee shall have...

  19. The Penalty Cost Functional for the Two-Dimensional

    Directory of Open Access Journals (Sweden)

    Victor Onomza WAZIRI

    2006-07-01

    Full Text Available This paper constructs the penalty cost functional for optimizing the two-dimensional control operator of the energized wave equation. In some multiplier methods such as the Lagrange multipliers and Pontrygean maximum principle, the cost of merging the constraint equation to the integral quadratic objective functional to obtain an unconstraint equation is normally guessed or obtained from the first partial derivatives of the unconstrained equation. The Extended Conjugate Gradient Method (ECGM necessitates that the penalty cost be sequentially obtained algebraically. The ECGM problem contains a functional which is completely given in terms of state and time spatial dependent variables.

  20. 31 CFR 1.28 - Training, rules of conduct, penalties for non-compliance.

    Science.gov (United States)

    2010-07-01

    .... Such training shall provide suitable emphasis on the civil and criminal penalties imposed on the... the criminal penalties and civil liabilities provided therein, and the regulations in this subpart... collect, maintain, use nor disseminate information concerning an individual's religious or political...

  1. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  2. 36 CFR 1001.3 - Penalties.

    Science.gov (United States)

    2010-07-01

    ... 1001.3 Parks, Forests, and Public Property PRESIDIO TRUST GENERAL PROVISIONS § 1001.3 Penalties. A... of this chapter, within the area administered by the Presidio Trust, shall be punished by a fine as provided by law, or by imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs...

  3. 36 CFR 903.13 - Penalties.

    Science.gov (United States)

    2010-07-01

    ....13 Parks, Forests, and Public Property PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION PRIVACY ACT § 903.13 Penalties. The provision of 5 U.S.C. 552a(i), as added by section 3 of the Privacy Act, make it a... agency officers and employees of the Privacy Act or regulations established thereunder. [42 FR 5973, Feb...

  4. 75 FR 57230 - 340B Drug Pricing Program Manufacturer Civil Monetary Penalties

    Science.gov (United States)

    2010-09-20

    ... Civil Monetary Penalties AGENCY: Health Resources and Services Administration, HHS. ACTION: Advance notice of proposed rulemaking and request for comments. SUMMARY: Section 602 of Public Law 102-585, the... of civil monetary penalties for manufacturers that knowingly and intentionally overcharge a covered...

  5. Vectorization of a penalty function algorithm for well scheduling

    Science.gov (United States)

    Absar, I.

    1984-01-01

    In petroleum engineering, the oil production profiles of a reservoir can be simulated by using a finite gridded model. This profile is affected by the number and choice of wells which in turn is a result of various production limits and constraints including, for example, the economic minimum well spacing, the number of drilling rigs available and the time required to drill and complete a well. After a well is available it may be shut in because of excessive water or gas productions. In order to optimize the field performance a penalty function algorithm was developed for scheduling wells. For an example with some 343 wells and 15 different constraints, the scheduling routine vectorized for the CYBER 205 averaged 560 times faster performance than the scalar version.

  6. THE EFFECTS OF APPROACH ANGLE ON PENALTY KICKING ACCURACY AND KICK KINEMATICS WITH RECREATIONAL SOCCER PLAYERS

    Directory of Open Access Journals (Sweden)

    Joanna Scurr

    2009-06-01

    Full Text Available Kicking accuracy is an important component of successful penalty kicks, which may be influenced by the approach angle. The purpose of this study was to examine the effects of approach angle on kicking accuracy and three-dimensional kinematics of penalty kicks. Seven male amateur recreational soccer players aged (mean ± s 26 ± 3 years, body mass 74.0 ± 6.8 kg, stature 1.74 ± 0.06 m, who were right foot dominant, kicked penalties at a 0.6 x 0.6 m target in a full size goal from their self-selected approach angle, 30º, 45º and 60º (direction of the kick was 0º. Kicking accuracy and three-dimensional kinematics were recorded. Results revealed that there was no significant difference in kicking accuracy (p = 0.27 or ball velocity (p = 0.59 between the approach angles. Pelvic rotation was significantly greater under the 45º and the 60º approach angles than during the self-selected approach angle (p < 0.05. Thigh abduction of the kicking leg at impact using the 60º approach angle was significantly greater than during the self- selected approach (p = 0.01 and the 30º approach (p = 0.04. It was concluded that altering an individual's self-selected approach angle at recreational level did not improve kicking accuracy or ball velocity, despite altering aspects of underlying technique.

  7. Exécution de penalties et de tirs au but au football : maîtrise ...

    African Journals Online (AJOL)

    Mots clés : Penalty, émotion, habileté technique, tireur, gardien de but. English Abstract Football games sometimes end by penalty shoot-out sessions. During these faces to faces between penalty takers and goalkeepers each of the protagonists attempts to guess the intentions of the other to defeat him and win the duel.

  8. Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia

    Directory of Open Access Journals (Sweden)

    La Sina

    2016-12-01

    Full Text Available The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.

  9. Assessment and improvement of radiation oncology trainee contouring ability utilizing consensus-based penalty metrics

    International Nuclear Information System (INIS)

    Hallock, Abhirami; Read, Nancy; D'Souza, David

    2012-01-01

    The objective of this study was to develop and assess the feasibility of utilizing consensus-based penalty metrics for the purpose of critical structure and organ at risk (OAR) contouring quality assurance and improvement. A Delphi study was conducted to obtain consensus on contouring penalty metrics to assess trainee-generated OAR contours. Voxel-based penalty metric equations were used to score regions of discordance between trainee and expert contour sets. The utility of these penalty metric scores for objective feedback on contouring quality was assessed by using cases prepared for weekly radiation oncology radiation oncology trainee treatment planning rounds. In two Delphi rounds, six radiation oncology specialists reached agreement on clinical importance/impact and organ radiosensitivity as the two primary criteria for the creation of the Critical Structure Inter-comparison of Segmentation (CriSIS) penalty functions. Linear/quadratic penalty scoring functions (for over- and under-contouring) with one of four levels of severity (none, low, moderate and high) were assigned for each of 20 OARs in order to generate a CriSIS score when new OAR contours are compared with reference/expert standards. Six cases (central nervous system, head and neck, gastrointestinal, genitourinary, gynaecological and thoracic) then were used to validate 18 OAR metrics through comparison of trainee and expert contour sets using the consensus derived CriSIS functions. For 14 OARs, there was an improvement in CriSIS score post-educational intervention. The use of consensus-based contouring penalty metrics to provide quantitative information for contouring improvement is feasible.

  10. The Execution of Criminal Fine Penalty

    Directory of Open Access Journals (Sweden)

    Cosmin Peneoașu

    2014-05-01

    Full Text Available This paper aims at dissecting the criminal provisions on criminal enforcement of fines in current Romanian criminal law with the goal of highlighting the new penal policy stated in the larger field of criminal penalties. In the new Criminal Code the fine penalty experience a new regulation, but also a wider scope compared to the Criminal Code from 1968, with an exponential growth of the number of offenses or variations of them, for which a fine may be imposed as a unique punishment, but, especially, as an alternative punishment to imprisonment. Consequently, to ensure the efficiency of this punishment, the effective enforcement manner of the fine takes a new dimension. The study aims both students and academics or practitioners in the making. Furthermore, throughout the approach of this scientific research, new matters that new criminal legislation brings, are emphasized regarding this institution, both in a positive, and especially under a critical manner.

  11. The influence of mitigation evidence, ethnicity, and SES on death penalty decisions by European American and Latino venire persons.

    Science.gov (United States)

    Espinoza, Russ K E; Willis-Esqueda, Cynthia

    2015-04-01

    The purpose of the research was to determine whether European American and Latino mock jurors would demonstrate bias in death penalty decision making when mitigation evidence and defendant ethnicity and socioeconomic status (SES) were varied. A total of 561 actual venire persons acted as mock jurors and read a trial transcript that varied a defendant's case information (mitigating circumstances: strong/weak, defendant ethnicity: European American/Latino, and defendant SES: low/high). European American jurors recommended the death penalty significantly more often for the low SES Latino defendant when strength of mitigation evidence was weak. In addition, they also assigned this defendant higher culpability ratings and lower ratings on positive personality trait measures compared with all other conditions. Strong mitigation evidence contributed to lower guilt ratings by European American jurors for the high SES European American defendant. Latino jurors did not differ in their death penalty sentencing across defendant mitigation, ethnicity, or SES conditions. Discussion of in-group favoritism and out-group derogation, as well as suggestions for procedures to diminish juror bias in death penalty cases, is provided. (c) 2015 APA, all rights reserved).

  12. Primal and Dual Penalty Methods for Contact Problems with Geometrical Non-linearities

    Czech Academy of Sciences Publication Activity Database

    Vondrák, V.; Dostál, Z.; Dobiáš, Jiří; Pták, Svatopluk

    -, č. 5 (2005), s. 449-450 ISSN 1617-7061. [GAMM Annual Meeting 2005. Luxembourg, 28.03.2005-01.04.2005] R&D Projects: GA ČR(CZ) GA101/05/0423 Institutional research plan: CEZ:AV0Z20760514 Keywords : primal penalty * dual penalty * contact problem Subject RIV: BA - General Mathematics

  13. 49 CFR Appendix B to Part 241 - Schedule of Civil Penalties 1

    Science.gov (United States)

    2010-10-01

    ... for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000... the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined designation cited in the civil penalty demand letter. [67 FR 75960, Dec. 10, 2002...

  14. Privileges and penalties in the legal profession: an intersectional analysis of career progression.

    Science.gov (United States)

    Tomlinson, Jennifer; Valizade, Danat; Muzio, Daniel; Charlwood, Andy; Aulakh, Sundeep

    2018-04-26

    Intersectionality theory is concerned with integrating social characteristics to better understanding complex human relations and inequalities in organizations and societies (McCall ). Recently, intersectionality research has taken a categorical and quantitative turn as scholars critically adopt but retain existing social categories to explain differences in labour market outcomes. A key contention is that social categories carry penalties or privileges and their intersection promotes or hinders the life chances of particular groups and individuals. An emergent debate is whether the intersection of disadvantaged characteristics (such as female gender or minority ethnic status) produce penalties that are additive, multiplicative or ameliorative. Research is inconclusive and as yet pays little attention to moderating factors such as employer type, size, geographic location or work profile. Drawing on administrative records for individuals qualified as solicitors in England and Wales, collected by the Solicitors Regulation Authority (SRA), combined with aggregated workforce data and firm characteristics of their law firms, we undertake a statistical analysis of the intersection of gender and ethnicity in the profession with a degree of precision and nuance not previously possible. In response to calls to broaden studies of inequalities and intersectionality beyond their effect on pay or income (Castilla ) we focus on career progression to partnership as our key measure of success. The original contribution of our study is twofold. First, we establish statistically different profiles of law firms, showing how the solicitors' profession is stratified by gender, ethnicity and socio-economic background, as well as the type of legal work undertaken by developing a model of socio-economic stratification in the profession. Second, we demonstrate that while penalties tend to be additive (i.e. the sum of the individual ethnic and gender penalties) this varies significantly by

  15. Effect of ship hull form on the resistance penalty from biofouling.

    Science.gov (United States)

    Oliveira, Dinis; Larsson, Ann I; Granhag, Lena

    2018-03-01

    Hull biofouling is a well-known problem for the shipping industry, leading to increased resistance and fuel consumption. Considering that the effects of hull form on resistance are known to be higher for a less slender hull, it is hypothesised in this paper that the effect of biofouling roughness on resistance is also dependent on the hull form. To test this hypothesis, previously reported full-scale numerical results on a containership are re-analysed. Form effects on roughness penalties, corresponding to K ΔCT  = 0.058 ± 0.025, are observed at a low speed (19 knots, Re s  = 2.29 × 10 9 ), which are however cancelled out by traditionally neglected roughness effects on wave-making resistance at a higher speed (24 knots, Re s  = 2.89 × 10 9 ). It is concluded that hull form effects on biofouling penalties can be significant at low speeds, though not generalisable for higher speeds, namely when wave-making resistance corresponds to ≥ 29% of total resistance.

  16. 22 CFR 1101.16 - Criminal penalties.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES... public notice of a system of records as required by 5 U.S.C. 552a(e)(4). ...

  17. 42 CFR 422.750 - Types of intermediate sanctions and civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Types of intermediate sanctions and civil money... § 422.750 Types of intermediate sanctions and civil money penalties. (a) The following intermediate... organization. (b) CMS may impose civil money penalties as specified in 422.760. [72 FR 68725, Dec. 5, 2007, as...

  18. Predictors of Death Penalty Views in China: An Empirical Comparison Between College Students and Citizens.

    Science.gov (United States)

    Jiang, Shanhe; Hu, Ming; Lambert, Eric G

    2018-04-01

    China's current Criminal Law has 46 death-eligible offenses, and China executes more people than any other country in the world. However, there is a lack of study of attitudes toward capital punishment for specific offenses, and no death penalty view comparison between college students and regular citizens in China was found. This study was taken to address these limitations. Using a sample of 401 respondents from Zhejiang, China, in 2016, the present study found that more than 72% of respondents favored the death penalty without any specification of crime types. Level of death penalty support differed by various specific crimes. As expected, relative to college students, general population citizens were more likely to support capital punishment. Both groups had the highest death penalty support for murder. The study also revealed similar and different reasons behind death penalty attitudes between college students and regular citizens.

  19. Stable multi-domain spectral penalty methods for fractional partial differential equations

    Science.gov (United States)

    Xu, Qinwu; Hesthaven, Jan S.

    2014-01-01

    We propose stable multi-domain spectral penalty methods suitable for solving fractional partial differential equations with fractional derivatives of any order. First, a high order discretization is proposed to approximate fractional derivatives of any order on any given grids based on orthogonal polynomials. The approximation order is analyzed and verified through numerical examples. Based on the discrete fractional derivative, we introduce stable multi-domain spectral penalty methods for solving fractional advection and diffusion equations. The equations are discretized in each sub-domain separately and the global schemes are obtained by weakly imposed boundary and interface conditions through a penalty term. Stability of the schemes are analyzed and numerical examples based on both uniform and nonuniform grids are considered to highlight the flexibility and high accuracy of the proposed schemes.

  20. 12 CFR 1411.1 - Inflation adjustment of civil money penalties for failure to file a certified statement, pay any...

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Inflation adjustment of civil money penalties... Collection of Civil Money Penalties § 1411.1 Inflation adjustment of civil money penalties for failure to... convicted of criminal offenses. In accordance with the Federal Civil Money Penalties Inflation Adjustment...

  1. Improved flux calculations for viscous incompressible flow by the variable penalty method

    International Nuclear Information System (INIS)

    Kheshgi, H.; Luskin, M.

    1985-01-01

    The Navier-Stokes system for viscous, incompressible flow is considered, taking into account a replacement of the continuity equation by the perturbed continuity equation. The introduction of the approximation allows the pressure variable to be eliminated to obtain the system of equations for the approximate velocity. The penalty approximation is often applied to numerical discretizations since it provides a reduction in the size and band-width of the system of equations. Attention is given to error estimates, and to two numerical experiments which illustrate the error estimates considered. It is found that the variable penalty method provides an accurate solution for a much wider range of epsilon than the classical penalty method. 8 references

  2. 78 FR 9396 - Draft Guidance for Industry and Food and Drug Administration Staff; Civil Money Penalties for...

    Science.gov (United States)

    2013-02-08

    ...] Draft Guidance for Industry and Food and Drug Administration Staff; Civil Money Penalties for Tobacco... guidance for industry entitled ``Civil Money Penalties for Tobacco Retailers: Responses to Frequently Asked... civil money penalties for violations of regulations issued under the Federal Food, Drug, and Cosmetic...

  3. 78 FR 72900 - Guidance for Industry and Food and Drug Administration Staff; Civil Money Penalties for Tobacco...

    Science.gov (United States)

    2013-12-04

    ...] Guidance for Industry and Food and Drug Administration Staff; Civil Money Penalties for Tobacco Retailers... the guidance entitled ``Civil Money Penalties for Tobacco Retailers: Responses to Frequently Asked... issuance of civil money penalties for violations of regulations issued under the Federal Food, Drug, and...

  4. 75 FR 64987 - Notice of Availability of Draft Policy for the Assessment of Civil Administrative Penalties and...

    Science.gov (United States)

    2010-10-21

    ... areas: (1) The handling of recreational, versus commercial, activity in assessing penalties--specifically, whether to create separate matrixes and/or schedules for recreational activity in the penalty... amount added to the adjusted base penalty to recoup the economic benefit of noncompliance. We note that...

  5. 77 FR 24415 - Inflation Adjustment of the Aggravated Maximum Civil Monetary Penalty for a Violation of a...

    Science.gov (United States)

    2012-04-24

    ... Adjustment of the Aggravated Maximum Civil Monetary Penalty for a Violation of a Federal Railroad Safety Law...'') raised the maximum civil penalties available under the railroad safety laws and made individuals liable..., the RSIA raised the maximum civil penalties for violations of the Federal rail safety laws...

  6. 76 FR 22905 - Guidance for Food and Drug Administration Staff and Tobacco Retailers on Civil Money Penalties...

    Science.gov (United States)

    2011-04-25

    ...] Guidance for Food and Drug Administration Staff and Tobacco Retailers on Civil Money Penalties and No... entitled ``Civil Money Penalties and No- Tobacco-Sale Orders for Tobacco Retailers.'' This guidance document describes FDA's current policies with respect to civil money penalties and no-tobacco-sale orders...

  7. Local adaptations to a global health initiative: penalties for home births in Zambia.

    Science.gov (United States)

    Greeson, Dana; Sacks, Emma; Masvawure, Tsitsi B; Austin-Evelyn, Katherine; Kruk, Margaret E; Macwan'gi, Mubiana; Grépin, Karen A

    2016-11-01

    Global health initiatives (GHIs) are implemented across a variety of geographies and cultures. Those targeting maternal health often prioritise increasing facility delivery rates. Pressure on local implementers to meet GHI goals may lead to unintended programme features that could negatively impact women. This study investigates penalties for home births imposed by traditional leaders on women during the implementation of Saving Mothers, Giving Life (SMGL) in Zambia. Forty focus group discussions (FGDs) were conducted across four rural districts to assess community experiences of SMGL at the conclusion of its first year. Participants included women who recently delivered at home (3 FGDs/district), women who recently delivered in a health facility (3 FGDs/district), community health workers (2 FGDs/district) and local leaders (2 FGDs/district). Findings indicate that community leaders in some districts-independently of formal programme directive-used fines to penalise women who delivered at home rather than in a facility. Participants in nearly all focus groups reported hearing about the imposition of penalties following programme implementation. Some women reported experiencing penalties firsthand, including cash and livestock fines, or fees for child health cards that are typically free. Many women who delivered at home reported their intention to deliver in a facility in the future to avoid penalties. While communities largely supported the use of penalties to promote facility delivery, the penalties effectively introduced a new tax on poor rural women and may have deterred their utilization of postnatal and child health care services. The imposition of penalties is thus a punitive adaptation that can impose new financial burdens on vulnerable women and contribute to widening health, economic and gender inequities in communities. Health initiatives that aim to increase demand for health services should monitor local efforts to achieve programme targets in order

  8. Cultural Differences, Assimilation and Behavior: Player Nationality and Penalties in Football

    OpenAIRE

    De Luca, Giacomo; Schokkaert, Jeroen; Swinnen, Johan F. M.

    2011-01-01

    We examine the impact of a different cultural background on individual behavior, focusing on violence on the football field of southern European and nothern European football players in the English Premier League. We find that southern European football players collect on average more football penalties than their nothern European colleagues. We also find that the initially higher number of football penalties incurred by southern European players converges towards the local average, the longe...

  9. 42 CFR 422.756 - Procedures for imposing intermediate sanctions and civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... civil money penalties. 422.756 Section 422.756 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... Sanctions § 422.756 Procedures for imposing intermediate sanctions and civil money penalties. (a) Notice of... money penalties—(1) CMS notice to OIG. If CMS determines that an MA organization has failed to comply...

  10. 78 FR 9845 - Minimum and Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties for a Violation of...

    Science.gov (United States)

    2013-02-12

    ... maximum penalty amount of $75,000 for each violation, except that if the violation results in death... the maximum civil penalty for a violation is $175,000 if the violation results in death, serious... Penalties for a Violation of the Hazardous Materials Transportation Laws or Regulations, Orders, Special...

  11. MO-FG-CAMPUS-IeP2-04: Multiple Penalties with Different Orders for Structure Adaptive CBCT Reconstruction

    International Nuclear Information System (INIS)

    Shi, Q; Cheng, P; Tan, S; Tan, S; Wang, J

    2016-01-01

    Purpose: To combine total variation (TV) and Hessian penalty in a structure adaptive way for cone-beam CT (CBCT) reconstruction. Methods: TV is a widely used first order penalty with good ability in suppressing noise and preserving edges but leads to the staircase effect in regions with smooth intensity transition. The second order Hessian penalty can effectively suppress the staircase effect with extra cost of blurring object edges. To take the best of both penalties we proposed a novel method to combine both for CBCT reconstruction in a structure adaptive way. The proposed method adaptively determined the weight of each penalty according to the geometry of local regions. An specially-designed exponent term with image gradient involved was used to characterize the local geometry such that the weights for Hessian and TV were 1 and 0 respectively at uniform local regions and 0 and 1 at edge regions. For other local regions the weights varied from 0 to 1. The objective functional was minimized using the majorzationminimization approach. We evaluated the proposed method on a modified 3D shepp-logan and a CatPhan 600 phantom. The full-width-at-halfmaximum (FWHM) and contrast-to-noise (CNR) were calculated. Results: For 3D shepp-logan the reconstructed images using TV had an obvious staircase effect while those using the proposed method and Hessian preserved the smooth transition regions well. FWHMs of the proposed method TV and Hessian penalty were 1.75 1.61 and 3.16 respectively, indicating that both TV and the proposed method is able to preserve edges. For CatPhan 600 CNR values of the proposed method were similar to those of TV and Hessian. Conclusion: The proposed method retains favorable properties of TV like preserving edges and also has the ability in better preserving gradual transition structure as Hessian does. All methods performs similarly in suppressing noise. This work was supported in part by National Natural Science Foundation of China (NNSFC) under

  12. Triangular preconditioners for saddle point problems with a penalty term

    Energy Technology Data Exchange (ETDEWEB)

    Klawonn, A. [Westfaelische Wilhelms-Universitaet, Muenster (Germany)

    1996-12-31

    Triangular preconditioners for a class of saddle point problems with a penalty term are considered. An important example is the mixed formulation of the pure displacement problem in linear elasticity. It is shown that the spectrum of the preconditioned system is contained in a real, positive interval, and that the interval bounds can be made independent of the discretization and penalty parameters. This fact is used to construct bounds of the convergence rate of the GMRES method used with an energy norm. Numerical results are given for GMRES and BI-CGSTAB.

  13. Stated response to increased enforcement density and penalty size for speeding and driving unbelted.

    Science.gov (United States)

    Hössinger, Reinhard; Berger, Wolfgang J

    2012-11-01

    To what extent can traffic offences be reduced through stronger enforcement, higher penalties, and the provision of information to road users? This question was addressed with respect to the offences of "speeding" and "driving unbelted." Data were collected by a telephone survey of admitted speeders, followed by 438 face-to-face stated response interviews. Based on the data collected, separate statistical models were developed for the two offences. The models predict the behavioral effect of increasing enforcement density and/or penalty size as well as the additional effect of providing information to car drivers. All three factors are predicted to be effective in reducing speeding. According to the model, one additional enforcement event per year will cause a driver to reduce his current frequency of speeding by 5%. A penalty increase of 10 Euros is predicted to have the same effect. An announcement of stronger enforcement or higher fines is predicted to have an additional effect on behavior, independent of the actual magnitudes of increase in enforcement or fines. With respect to the use of a seat belt, however, neither an increase in enforcement density nor its announcement is predicted to have a significant effect on driver behavior. An increase in the penalty size is predicted to raise the stated wearing rate, which is already 90% in Austria. It seems that both the fear of punishment and the motivation for driving unbelted are limited, so that there is only a weak tradeoff between the two. This may apply to most traffic offences, with the exception of speeding, which accounts for over 80% of tickets alone, whereas all other offences account for less than 3% each. Copyright © 2012 Elsevier Ltd. All rights reserved.

  14. 42 CFR 422.760 - Determinations regarding the amount of civil money penalties and assessment imposed by CMS.

    Science.gov (United States)

    2010-10-01

    ... penalties and assessment imposed by CMS. 422.760 Section 422.760 Public Health CENTERS FOR MEDICARE... assessment imposed by CMS. (a) Determining the appropriate amount of any penalty. In determining the amount of penalty imposed under 422.752(c)(1), CMS will consider as appropriate: (1) The nature of the...

  15. 17 CFR Table III to Subpart E of... - Civil Monetary Penalty Inflation Adjustments

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Civil Monetary Penalty Inflation Adjustments III Table III to Subpart E of Part 201 Commodity and Securities Exchanges SECURITIES..., Table III Table III to Subpart E of Part 201—Civil Monetary Penalty Inflation Adjustments U.S. Code...

  16. 78 FR 75304 - Medicare Program; Medicare Secondary Payer and Certain Civil Money Penalties

    Science.gov (United States)

    2013-12-11

    ... [CMS-6061-ANPRM] RIN 0938-AR88 Medicare Program; Medicare Secondary Payer and Certain Civil Money... practices for which civil money penalties (CMPs) may or may not be imposed for failure to comply with...-3951. I. Background A. Imposition of Civil Money Penalties (CMPs) In 1981, the Congress added section...

  17. 11 CFR 111.39 - When must the respondent pay the civil money penalty?

    Science.gov (United States)

    2010-01-01

    ... 11 Federal Elections 1 2010-01-01 2010-01-01 false When must the respondent pay the civil money penalty? 111.39 Section 111.39 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE... penalty? (a) If the respondent does not submit a written petition to the district court of the United...

  18. Characterizing the "Time of Emergence" of Air Quality Climate Penalties

    Science.gov (United States)

    Rothenberg, D. A.; Garcia-Menendez, F.; Monier, E.; Solomon, S.; Selin, N. E.

    2017-12-01

    By driving not only local changes in temperature, but also precipitation and regional-scale changes in seasonal circulation patterns, climate change can directly and indirectly influence changes in air quality and its extremes. These changes - often referred to as "climate penalties" - can have important implications for human health, which is often targeted when assessing the potential co-benefits of climate policy. But because climate penalties are driven by slow, spatially-varying, temporal changes in the climate system, their emergence in the real world should also have a spatio-temporal component following regional variability in background air quality. In this work, we attempt to estimate the spatially-varying "time of emergence" of climate penalty signals by using an ensemble modeling framework based on the MIT Integrated Global System Model (MIT IGSM). With this framework we assess three climate policy scenarios assuming three different underlying climate sensitivities, and conduct a 5-member ensemble for each case to capture internal variability within the model. These simulations are used to drive offline chemical transport modeling (using CAM-Chem and GEOS-Chem). In these simulations, we find that the air quality response to climate change can vary dramatically across different regions of the globe. To analyze these regionally-varying climate signals, we employ a hierarchical clustering technique to identify regions with similar seasonal patterns of air quality change. Our simulations suggest that the earliest emergence of ozone climate penalties would occur in Southern Europe (by 2035), should the world neglect climate change and rely on a "business-as-usual" emissions policy. However, even modest climate policy dramatically pushes back the time of emergence of these penalties - to beyond 2100 - across most of the globe. The emergence of climate-forced changes in PM2.5 are much more difficult to detect, partially owing to the large role that changes in

  19. Tax penalty payment and the “non bis in idem” principle

    Directory of Open Access Journals (Sweden)

    Marie Karfíková

    2017-01-01

    Full Text Available The subject. This paper deals with problems related to tax law with a special focus on legalregulation of the tax procedure contained in the Czech Tax Procedure Code. Attention ispaid in particular to tax penalty payments and the “non bis in idem” principle.The purpose to identify ratio between penalty payments in tax procedure and in criminalprocedure in context of “non bis in idem” principle.The methodological basis of the article is analysis of legislation and court practice of Czechrepublic, Austria, European Union, including formal legal analysis, comparative analysis,synthesis, systematic approach.The results and scope of application. The existing case law of the Czech criminal courts andof the Supreme Court was based on the legal opinion that a penalty payment imposed bythe tax administration in a tax procedure constitutes no punishment, i.e. it is no sanction ofcriminal nature, so that even the final (enforceable decision of the tax administration doesnot create a “ne bis in idem”1 barrier in relation to criminal sanctions for the same taxesrelatednon-compliant action (tax evasion in respect of the penalty payment imposed bythe tax administration.Conclusions. It would probably be advisable for the legislation to amend the relevant provisionsof the Tax Procedure Code in a way that the tax authorities concentrate within thelimits of their powers on proper tax collection and that the law enforcement authorities areauthorized to punishments for deliberate tax evasion. A suggested amendment may thereforebe the removal of the penalty payments from the Tax Procedure Code as the defaultinterest itself is sufficient instrument enough to penalize the taxpayers. Another option is to keep the tax penalty payment in the Tax Procedure Code, but its imposition would only be considered after making sure that the result of any criminal proceedings does not constitute a “ne bis in idem” prohibition within the meaning of Art. 40 (5 of the

  20. Estrategias abierta y cerrada del penalti en jugadores de nivel intermedio de fútbol Open and closed penalty kick strategies in intermediate soccer player

    Directory of Open Access Journals (Sweden)

    J. M. Castillo

    2010-09-01

    Full Text Available

     

    Este estudio compara el efecto en la aplicación de un sistema automatizado inalámbrico en el terreno de juego para simular una estrategia que tiene en cuanta la actuación del portero (abierta frente a otra estrategia que la ignora (cerrada sobre la eficacia de lanzadores intermedios de penalti. Lanzadores (n=12 intermedios de penalti realizaron un test pre-tratamiento de 32 tiros en “situación real” con porteros (n=3 intermedios. A continuación se establecieron dos grupos de lanzadores que completaron 11 sesiones de tratamiento utilizando estrategias distintas y por último repitieron un test post-postratamiento. Como variables medimos el número de goles conseguidos, la dirección del chut en la misma o en dirección no coincidente respecto al movimiento del portero (DNC, la velocidad del balón y la duración del movimiento de golpeo. Los resultados sugieren mayor capacidad de identificación de señales de avance en los porteros frente a los lanzadores GC (grupo de estrategia cerrada pero menor velocidad del balón en los lanzadores GA (grupo de estrategia abierta relacionada con una modificación en la superficie de contacto del golpeo.
    Palabras Clave:penalti, anticipación, toma de decisiones, campo, entrenamiento.

    This study investigates the efficacy of intermediate penalty kickers by comparing the effect of applying an automated WiFi (Wireless Fidelity  system on the field of play to simulate a strategy that takes account of goalkeeper action (open with another for which goalkeeper strategy is irrelevant (closed. Intermediate penalty kickers (n=12 took a pretreatment test of 32 kicks in a “real-play” situation with intermediate goalkeepers (n=3. We established two groups of kickers who underwent 11 treatment sessions using different strategies and then conducted a posttreatment test. The variables we measured were the number of goals

  1. Job tasks, computer use, and the decreasing part-time pay penalty for women in the UK

    NARCIS (Netherlands)

    Elsayed, A.E.A.; de Grip, A.; Fouarge, D.

    2014-01-01

    Using data from the UK Skills Surveys, we show that the part-time pay penalty for female workers within low- and medium-skilled occupations decreased significantly over the period 1997-2006. The convergence in computer use between part-time and full-time workers within these occupations explains a

  2. Using Harm-Based Weights for the AHRQ Patient Safety for Selected Indicators Composite (PSI-90): Does It Affect Assessment of Hospital Performance and Financial Penalties in Veterans Health Administration Hospitals?

    Science.gov (United States)

    Chen, Qi; Rosen, Amy K; Borzecki, Ann; Shwartz, Michael

    2016-12-01

    To assess whether hospital profiles for public reporting and pay-for-performance, measured by the Agency for Healthcare Research and Quality (AHRQ) Patient Safety for Selected Indicators (PSI-90) composite measure, were affected by using the recently developed harm-based weights. Retrospective analysis of 2012-2014 data from the Veterans Health Administration (VA). The AHRQ PSI software (v5.0) was applied to obtain the original volume-based PSI-90 scores for 132 acute-care hospitals. We constructed a modified PSI-90 using the harm-based weights developed by AHRQ. We compared hospital profiles for public reporting and pay-for-performance between these two PSI-90s and assessed patterns in these changes. The volume-based and the harm-based PSI-90s were strongly correlated (r = 0.67, p hospitals changed categorization), but it had a much larger impact on pay-for-performance (e.g., 15 percent of hospitals would have faced different financial penalties under the Medicare Hospital-Acquired Condition Reduction Program). Because of changes in weights of specific PSIs, hospital profile changes occurred systematically. Use of the harm-based weights in PSI-90 has the potential to significantly change payments under pay-for-performance programs. Policy makers should carefully develop transition plans for guiding hospitals through changes in any quality metrics used for pay-for-performance. © Health Research and Educational Trust.

  3. 20 CFR 416.1340 - Penalty for making false or misleading statements or withholding information.

    Science.gov (United States)

    2010-04-01

    ....1340 Penalty for making false or misleading statements or withholding information. (a) Why would SSA... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Penalty for making false or misleading statements or withholding information. 416.1340 Section 416.1340 Employees' Benefits SOCIAL SECURITY...

  4. Financial penalties for the unhealthy? Ethical guidelines for holding employees responsible for their health.

    Science.gov (United States)

    Pearson, Steven D; Lieber, Sarah R

    2009-01-01

    As health care costs continue to rise, an increasing number of self-insured employers are using financial rewards or penalties to promote healthy behavior and control costs. These incentive programs have triggered a backlash from those concerned that holding employees responsible for their health, particularly through the use of penalties, violates individual liberties and discriminates against the unhealthy. This paper offers an ethical analysis of employee health incentive programs and presents an argument for a set of conditions under which penalties can be used in an ethical and responsible way to contain health care costs and encourage healthy behavior among employees.

  5. 30 CFR 241.76 - Can MMS reduce my penalty once it is assessed?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Can MMS reduce my penalty once it is assessed? 241.76 Section 241.76 Mineral Resources MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR... Provisions § 241.76 Can MMS reduce my penalty once it is assessed? Under 30 U.S.C. 1719(g), the Director or...

  6. 20 CFR 404.459 - Penalty for making false or misleading statements or withholding information.

    Science.gov (United States)

    2010-04-01

    ... Nonpayments of Benefits § 404.459 Penalty for making false or misleading statements or withholding information... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Penalty for making false or misleading statements or withholding information. 404.459 Section 404.459 Employees' Benefits SOCIAL SECURITY...

  7. 7 CFR 46.10 - Nonlicensed person; liability; penalty.

    Science.gov (United States)

    2010-01-01

    ... 46.10 Agriculture Regulations of the Department of Agriculture AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE MARKETING OF PERISHABLE AGRICULTURAL... Licenses § 46.10 Nonlicensed person; liability; penalty. Any commission merchant, dealer, or broker who...

  8. 77 FR 72915 - Civil Monetary Penalties; Adjustment for Inflation

    Science.gov (United States)

    2012-12-07

    ... Statistics--Delinquency on Delayed Filing of Export Documentation; maximum penalty for each day's delinquency... of Foreign Trade Statistics-- Violations, from $10,000 to $10,000. (d) Economics and Statistics...

  9. The death penalty in Catholic teaching and medicine: intersections and places for dialogue.

    Science.gov (United States)

    Norko, Michael A

    2008-01-01

    Current debate on the death penalty in public and professional spheres is seen as divisive in nature, disallowing the possibility of common agreement. The history of views of the death penalty within the Catholic Church illustrates centuries of tensions and ambiguities as well as a current posture that manages to hold these tensions while advocating a strong position. That history of church views itself contains allusions to and intersections with medicine. There is something tangible to be gained in understanding religious views on the death penalty, in the debates both within medicine and in the public sphere. An argument is made for sufficient overlap of contemporary purpose between the goals of church and medicine to warrant further dialogue in enhanced and deliberative democratic processes.

  10. penalties and liquidated damages in a changing world

    African Journals Online (AJOL)

    RAYAN_

    It revisits the principles of the law of penalties as expounded in the classic case of Dunlop ... to apply to modern commercial dealings and different jurisdictions, ...... Stephen A Smith, Contract Theory (Oxford University Press 2004) Ch 11.2. For.

  11. 31 CFR 546.702 - Pre-Penalty Notice; settlement.

    Science.gov (United States)

    2010-07-01

    ... Notice must be made within the applicable 30-day period set forth in this paragraph. The failure to...) on or before the 30th day after the postmark date on the envelope in which the Pre-Penalty Notice was...

  12. 31 CFR 548.702 - Pre-Penalty Notice; settlement.

    Science.gov (United States)

    2010-07-01

    ... Notice must be made within the applicable 30-day period set forth in this paragraph. The failure to...) on or before the 30th day after the postmark date on the envelope in which the Pre-Penalty Notice was...

  13. The absence of cruelty is not the presence of humanness: physicians and the death penalty in the United States

    Directory of Open Access Journals (Sweden)

    Zivot Joel B

    2012-12-01

    Full Text Available Abstract The death penalty by lethal injection is a legal punishment in the United States. Sodium Thiopental, once used in the death penalty cocktail, is no longer available for use in the United States as a consequence of this association. Anesthesiologists possess knowledge of Sodium Thiopental and possible chemical alternatives. Further, lethal injection has the look and feel of a medical act thereby encouraging physician participation and comment. Concern has been raised that the death penalty by lethal injection, is cruel. Physicians are ethically directed to prevent cruelty within the doctor-patient relationship and ethically prohibited from participation in any component of the death penalty. The US Supreme Court ruled that the death penalty is not cruel per se and is not in conflict with the 8th amendment of the US constitution. If the death penalty is not cruel, it requires no further refinement. If, on the other hand, the death penalty is in fact cruel, physicians have no mandate outside of the doctor patient relationship to reduce cruelty. Any intervention in the name of cruelty reduction, in the setting of lethal injection, does not lead to a more humane form of punishment. If physicians contend that the death penalty can be botched, they wrongly direct that it can be improved. The death penalty cocktail, as a method to reduce suffering during execution, is an unverifiable claim. At best, anesthetics produce an outward appearance of calmness only and do not address suffering as a consequence of the anticipation of death on the part of the condemned.

  14. The absence of cruelty is not the presence of humanness: physicians and the death penalty in the United States.

    Science.gov (United States)

    Zivot, Joel B

    2012-12-03

    The death penalty by lethal injection is a legal punishment in the United States. Sodium Thiopental, once used in the death penalty cocktail, is no longer available for use in the United States as a consequence of this association. Anesthesiologists possess knowledge of Sodium Thiopental and possible chemical alternatives. Further, lethal injection has the look and feel of a medical act thereby encouraging physician participation and comment. Concern has been raised that the death penalty by lethal injection, is cruel. Physicians are ethically directed to prevent cruelty within the doctor-patient relationship and ethically prohibited from participation in any component of the death penalty. The US Supreme Court ruled that the death penalty is not cruel per se and is not in conflict with the 8th amendment of the US constitution. If the death penalty is not cruel, it requires no further refinement. If, on the other hand, the death penalty is in fact cruel, physicians have no mandate outside of the doctor patient relationship to reduce cruelty. Any intervention in the name of cruelty reduction, in the setting of lethal injection, does not lead to a more humane form of punishment. If physicians contend that the death penalty can be botched, they wrongly direct that it can be improved. The death penalty cocktail, as a method to reduce suffering during execution, is an unverifiable claim. At best, anesthetics produce an outward appearance of calmness only and do not address suffering as a consequence of the anticipation of death on the part of the condemned.

  15. 12 CFR 1403.11 - Criminal penalties.

    Science.gov (United States)

    2010-01-01

    ... Banks and Banking FARM CREDIT SYSTEM INSURANCE CORPORATION PRIVACY ACT REGULATIONS § 1403.11 Criminal penalties. Section 552a(i)(3) of the Privacy Act (5 U.S.C. 552a(i)(3)) makes it a misdemeanor, subject to a... from an agency under false pretenses. Sections 552a(i) (1) and (2) of the Act (5 U.S.C. 552a(i) (1), (2...

  16. IPF-LASSO: Integrative L1-Penalized Regression with Penalty Factors for Prediction Based on Multi-Omics Data

    Directory of Open Access Journals (Sweden)

    Anne-Laure Boulesteix

    2017-01-01

    Full Text Available As modern biotechnologies advance, it has become increasingly frequent that different modalities of high-dimensional molecular data (termed “omics” data in this paper, such as gene expression, methylation, and copy number, are collected from the same patient cohort to predict the clinical outcome. While prediction based on omics data has been widely studied in the last fifteen years, little has been done in the statistical literature on the integration of multiple omics modalities to select a subset of variables for prediction, which is a critical task in personalized medicine. In this paper, we propose a simple penalized regression method to address this problem by assigning different penalty factors to different data modalities for feature selection and prediction. The penalty factors can be chosen in a fully data-driven fashion by cross-validation or by taking practical considerations into account. In simulation studies, we compare the prediction performance of our approach, called IPF-LASSO (Integrative LASSO with Penalty Factors and implemented in the R package ipflasso, with the standard LASSO and sparse group LASSO. The use of IPF-LASSO is also illustrated through applications to two real-life cancer datasets. All data and codes are available on the companion website to ensure reproducibility.

  17. 15 CFR 6.4 - Adjustments to penalties.

    Science.gov (United States)

    2010-01-01

    ..., Collection of Foreign Trade Statistics—Delinquency on Delayed Filing of Export Documentation; maximum penalty for each day's delinquency, from $1,000 to $1,000; maximum per violation, from $10,000 to $10,000. (2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics—Violations, from $10,000 to $10,000. (c...

  18. EXPLAINING THE MOTHERHOOD WAGE PENALTY DURING THE EARLY OCCUPATIONAL CAREER

    Science.gov (United States)

    STAFF, JEREMY; MORTIMER, JEYLAN T.

    2011-01-01

    Prior research shows that mothers earn lower hourly wages than women without children, and that this maternal wage penalty cannot be fully explained by differences between mothers and other women in work experience and job characteristics. This research examines whether the residual motherhood wage penalty results from differences between mothers and other women in the accumulation of work interruptions and breaks in schooling. Using longitudinal data for 486 women followed from ages 19 to 31 in the Youth Development Study, we find that accumulated months not in the labor force and not enrolled in school explain the residual pay gap between mothers and other women. PMID:22037996

  19. Mental Fatigue Impairs Soccer-Specific Physical and Technical Performance.

    Science.gov (United States)

    Smith, Mitchell R; Coutts, Aaron J; Merlini, Michele; Deprez, Dieter; Lenoir, Matthieu; Marcora, Samuele M

    2016-02-01

    To investigate the effects of mental fatigue on soccer-specific physical and technical performance. This investigation consisted of two separate studies. Study 1 assessed the soccer-specific physical performance of 12 moderately trained soccer players using the Yo-Yo Intermittent Recovery Test, Level 1 (Yo-Yo IR1). Study 2 assessed the soccer-specific technical performance of 14 experienced soccer players using the Loughborough Soccer Passing and Shooting Tests (LSPT, LSST). Each test was performed on two occasions and preceded, in a randomized, counterbalanced order, by 30 min of the Stroop task (mentally fatiguing treatment) or 30 min of reading magazines (control treatment). Subjective ratings of mental fatigue were measured before and after treatment, and mental effort and motivation were measured after treatment. Distance run, heart rate, and ratings of perceived exertion were recorded during the Yo-Yo IR1. LSPT performance time was calculated as original time plus penalty time. LSST performance was assessed using shot speed, shot accuracy, and shot sequence time. Subjective ratings of mental fatigue and effort were higher after the Stroop task in both studies (P motivation was similar between conditions. This mental fatigue significantly reduced running distance in the Yo-Yo IR1 (P performance time were not different between conditions; however, penalty time significantly increased in the mental fatigue condition (P = 0.015). Mental fatigue also impaired shot speed (P = 0.024) and accuracy (P performance.

  20. The "Russian roulette" of soccer? : Perceived control and anxiety in a major tournament penalty shootout

    NARCIS (Netherlands)

    Jordet, Geir; T Elferink-Gemser, Marije; Lemmink, Koen A. P. M.; Visscher, Chris

    2006-01-01

    Kicks from the penalty mark (official term for the "penalty shootout") are regularly featured in major soccer tournaments to determine the outcome of tied games. Based on the contingency-competence-control (CCC) model (Weisz & Stipek, 1982), this study provides an examination of the control beliefs

  1. 26 CFR 1.6664-4 - Reasonable cause and good faith exception to section 6662 penalties.

    Science.gov (United States)

    2010-04-01

    ... THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax, Additional Amounts... penalty attributable to a substantial understatement of income tax (within the meaning of section 6662(d... penalty attributable to tax shelter items of corporations.) Generally, the most important factor is the...

  2. APLICACIÓN DE UN SISTEMA AUTOMATIZADO PARA LANZADORES DE PENALTY EN FÚTBOL

    Directory of Open Access Journals (Sweden)

    M.A. Martínez

    2010-09-01

    Full Text Available

     

    RESUMEN

    A pesar de reconocerse como la base del rendimiento de la mayoría de habilidades deportivas, pocos entrenadores reconocen que el funcionamiento de la visión es una habilidad aprendida susceptible de mejora. El objetivo principal de este estudio pretende medir la eficacia en goles y táctica individual de lanzadores expertos de penalty en fútbol utilizando un novedoso sistema automatizado de emisión de estímulos visuales aplicado en la situación habitual de campo. Lanzadores de penalty (n = 9 realizaron una prueba pre-tratamiento de 24 intentos en situación real frente a porteros (n = 3. Posteriormente, completaron un entrenamiento de 10 sesiones utilizando el sistema automatizado sin porteros y, finalmente, repitieron de nuevo la misma prueba inicial consiguiendo entonces significativamente más goles en la medida post-tratamiento. Además, se encontraron diferencias tácticas en base a la dirección de los lanzamientos respecto a la actuación del portero. Los resultados sugieren que el lanzamiento de penalty en fútbol puede plantearse como una habilidad motriz abierta, en función de la actuación del portero, reduciendo el tiempo de procesamiento de la información y de la toma de decisiones.
    PALABRAS CLAVE: Entrenamiento visual, lanzador, penalty, fútbol, expertos, toma de decisiones, control motor.

    ABSTRACT

    Despite recognising like the performance’s base of the majority of sports abilities, few trainers recognise that visual function is a learned ability that can be improved. The main aim of this study tries to measure efficacy in goals and individual tactic of high-skill penalty-kickers in soccer using a new automatic system of emission visual stimulus applied in the

  3. Performance of penalized maximum likelihood in estimation of genetic covariances matrices

    Directory of Open Access Journals (Sweden)

    Meyer Karin

    2011-11-01

    Full Text Available Abstract Background Estimation of genetic covariance matrices for multivariate problems comprising more than a few traits is inherently problematic, since sampling variation increases dramatically with the number of traits. This paper investigates the efficacy of regularized estimation of covariance components in a maximum likelihood framework, imposing a penalty on the likelihood designed to reduce sampling variation. In particular, penalties that "borrow strength" from the phenotypic covariance matrix are considered. Methods An extensive simulation study was carried out to investigate the reduction in average 'loss', i.e. the deviation in estimated matrices from the population values, and the accompanying bias for a range of parameter values and sample sizes. A number of penalties are examined, penalizing either the canonical eigenvalues or the genetic covariance or correlation matrices. In addition, several strategies to determine the amount of penalization to be applied, i.e. to estimate the appropriate tuning factor, are explored. Results It is shown that substantial reductions in loss for estimates of genetic covariance can be achieved for small to moderate sample sizes. While no penalty performed best overall, penalizing the variance among the estimated canonical eigenvalues on the logarithmic scale or shrinking the genetic towards the phenotypic correlation matrix appeared most advantageous. Estimating the tuning factor using cross-validation resulted in a loss reduction 10 to 15% less than that obtained if population values were known. Applying a mild penalty, chosen so that the deviation in likelihood from the maximum was non-significant, performed as well if not better than cross-validation and can be recommended as a pragmatic strategy. Conclusions Penalized maximum likelihood estimation provides the means to 'make the most' of limited and precious data and facilitates more stable estimation for multi-dimensional analyses. It should

  4. Two-Level Iteration Penalty Methods for the Navier-Stokes Equations with Friction Boundary Conditions

    Directory of Open Access Journals (Sweden)

    Yuan Li

    2013-01-01

    Full Text Available This paper presents two-level iteration penalty finite element methods to approximate the solution of the Navier-Stokes equations with friction boundary conditions. The basic idea is to solve the Navier-Stokes type variational inequality problem on a coarse mesh with mesh size H in combining with solving a Stokes, Oseen, or linearized Navier-Stokes type variational inequality problem for Stokes, Oseen, or Newton iteration on a fine mesh with mesh size h. The error estimate obtained in this paper shows that if H, h, and ε can be chosen appropriately, then these two-level iteration penalty methods are of the same convergence orders as the usual one-level iteration penalty method.

  5. Immediate impact of 'penalty points legislation' on acute hospital trauma services.

    LENUS (Irish Health Repository)

    Lenehan, Brian

    2012-02-03

    Road traffic accident (RTA) related mortality and injury may be reduced by up to 40% with the introduction of \\'road safety\\' legislation. Little is known regarding changes in pattern of injury and overall resource impact on acute trauma services. This prospective study examines RTA related admissions, injuries sustained and resultant sub-speciality operative workload in a Level 1 Trauma Centre during the 12 months immediately prior to and following the introduction of \\'penalty points\\' legislation. Eight hundred and twenty RTA related admissions were identified over the 24-month period from 01\\/11\\/2001 to 31\\/10\\/2003. There was a 36.7% decrease in RTA related admissions subsequent to the introduction of new legislation. Bed occupancy was almost halved. However, the relative Orthopaedic workload increased from 34% to 41% with a 10% increase in relative bed occupancy. The pattern of orthopaedic injury was significantly altered with a >50% absolute reduction in high velocity injuries. Curiously, there was no change in the absolute number of spinal fractures seen. This favourable early Irish experience of \\'penalty points\\' legislation mirrors that of worldwide published literature. Our findings demonstrate that the injury reduction effects were primarily enjoyed by non-orthopaedic sub-specialities. Such findings mandate consideration when allocating vital resources to sub-specialities within busy trauma units.

  6. 75 FR 75448 - Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal...

    Science.gov (United States)

    2010-12-03

    ... the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad... September 21, 2010. The proposal, if adopted, would amend, line by line, FRA's schedules of civil penalties... . SUPPLEMENTARY INFORMATION: FRA's proposal to amend, line by line, FRA's schedules of civil penalties as well as...

  7. 75 FR 57597 - Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal...

    Science.gov (United States)

    2010-09-21

    ... Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal... railroad safety laws and regulations are necessary because many of FRA's civil penalties have not been..., et al. Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a...

  8. 40 CFR 77.6 - Penalties for excess emissions of sulfur dioxide and nitrogen oxides.

    Science.gov (United States)

    2010-07-01

    ... the check or money order number of the payment. (c) If an excess emissions penalty due under this part... shall be made by money order, cashier's check, certified check, or U.S. Treasury check made payable to.... Box 952491, St. Louis, MO 63195-2491. (3) Payments of penalties of $25,000 or more may be made by wire...

  9. 78 FR 64496 - Acid Rain Program: Notice of Annual Adjustment Factors for Excess Emissions Penalty

    Science.gov (United States)

    2013-10-29

    ... Factors for Excess Emissions Penalty AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of annual adjustment factors for excess emissions penalty. SUMMARY: The Acid Rain Program under title IV of... excess tons emitted times $2,000 as adjusted by an annual adjustment factor, which must be published in...

  10. 42 CFR 3.408 - Factors considered in determining the amount of a civil money penalty.

    Science.gov (United States)

    2010-10-01

    ... civil money penalty. 3.408 Section 3.408 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PROVISIONS PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT Enforcement Program § 3.408 Factors considered in determining the amount of a civil money penalty. In...

  11. 26 CFR 1.6662-2 - Accuracy-related penalty.

    Science.gov (United States)

    2010-04-01

    ....6662-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax, Additional Amounts, and Assessable Penalties § 1.6662-2... attributable both to negligence and a substantial understatement of income tax, the maximum accuracy-related...

  12. Equalization of FBG-induced group-delay ripples penalties using a coherent receiver and digital signal processing

    NARCIS (Netherlands)

    Veljanovski, V.; Al Fiad, M.S.A.S.; Borne, van den D.; Jansen, S.L.; Wuth, T.

    2009-01-01

    We show the mitigation of fiber Bragg gratings induced group delay ripple penalties through the use of coherent detection and electronic equalizer. For 111-Gb/s POLMUX-RZDQPSK only a negligible penalty is observed after 10 cascaded FBGs.

  13. Optimal control penalty finite elements - Applications to integrodifferential equations

    Science.gov (United States)

    Chung, T. J.

    The application of the optimal-control/penalty finite-element method to the solution of integrodifferential equations in radiative-heat-transfer problems (Chung et al.; Chung and Kim, 1982) is discussed and illustrated. The nonself-adjointness of the convective terms in the governing equations is treated by utilizing optimal-control cost functions and employing penalty functions to constrain auxiliary equations which permit the reduction of second-order derivatives to first order. The OCPFE method is applied to combined-mode heat transfer by conduction, convection, and radiation, both without and with scattering and viscous dissipation; the results are presented graphically and compared to those obtained by other methods. The OCPFE method is shown to give good results in cases where standard Galerkin FE fail, and to facilitate the investigation of scattering and dissipation effects.

  14. 45 CFR 261.16 - Does the imposition of a penalty affect an individual's work requirement?

    Science.gov (United States)

    2010-10-01

    ... OF HEALTH AND HUMAN SERVICES ENSURING THAT RECIPIENTS WORK What Are the Provisions Addressing Individual Responsibility? § 261.16 Does the imposition of a penalty affect an individual's work requirement... 45 Public Welfare 2 2010-10-01 2010-10-01 false Does the imposition of a penalty affect an...

  15. The Comparative Research on the Penalty Allocation between Mexico and China

    Directory of Open Access Journals (Sweden)

    Juan-juan Zhang

    2014-12-01

    Full Text Available China and Mexico are both developing countries and are at the stage of economic transformation. As the advanced development of economy and industrialization, in both countries, environmental crime has become an unseen and gigantic social threat. The special characteristics of environmental crime have brought about new requirements to the traditional penalty. In order to attack the environmental crime in time and to ensure the seriousness and unity, it's necessary to make a comparison research on the penalty allocation between Mexico and China and analyze the respective advantages and disadvantages to perfect the relative legislation of the two countries.

  16. Evaluating the Effectiveness of National Labor Relations Act Remedies: Analysis and Comparison with Other Workplace Penalty Policies

    OpenAIRE

    Morris M. Kleiner; David Weil

    2010-01-01

    The goal of this paper is to examine the implied penalty policies underlying the remedies created by the National Labor Relations Act (NLRA) in terms of the policies' impact on employer and union behaviors. We present a simple model of deterrence as a means of evaluating workplace penalty policies in terms of their influence on employer behavior, particularly through deterrence effects. We also compare the remedies for violations embodied in the NLRA with penalty policies under other workplac...

  17. Guiding rational reservoir flood operation using penalty-type genetic algorithm

    Science.gov (United States)

    Chang, Li-Chiu

    2008-06-01

    SummaryReal-time flood control of a multi-purpose reservoir should consider decreasing the flood peak stage downstream and storing floodwaters for future usage during typhoon seasons. This study proposes a reservoir flood control optimization model with linguistic description of requirements and existing regulations for rational operating decisions. The approach involves formulating reservoir flood operation as an optimization problem and using the genetic algorithm (GA) as a search engine. The optimizing formulation is expressed not only by mathematical forms of objective function and constraints, but also by no analytic expression in terms of parameters. GA is used to search a global optimum of a mixture of mathematical and nonmathematical formulations. Due to the great number of constraints and flood control requirements, it is difficult to reach a solution without violating constraints. To tackle this bottleneck, the proper penalty strategy for each parameter is proposed to guide the GA searching process. The proposed approach is applied to the Shihmen reservoir in North Taiwan for finding the rational release and desired storage as a case study. The hourly historical data sets of 29 typhoon events that have hit the area in last thirty years are investigated bye the proposed method. To demonstrate the effectiveness of the proposed approach, the simplex method was performed. The results demonstrated that a penalty-type genetic algorithm could effectively provide rational hydrographs to reduce flood damage during the flood operation and to increase final storage for future usages.

  18. The Poverty Penalty in France: How the Market Makes Low-Income Populations Poorer

    Directory of Open Access Journals (Sweden)

    Frédéric Dalsace

    2012-06-01

    Full Text Available What has come to be known as the poverty penalty – the additional cost paid for goods and services by the poor relative to the more affluent – is a familiar mechanism in emerging countries. For profoundly different reasons, however, poor people in developed countries also suffer from the poverty penalty. Quite naturally, without any particular ill will on the part of the actors in the commercial sector, the market sometimes penalizes the poor by making them pay more than other households, per unit of consumption, for the same goods and services. Drawing on a study by the Boston Consulting Group conducted at the request of the action tank “Entreprises et Pauvreté”, this paper sets out to quantify a part of the poverty penalty. The economic impact is far from incidental, as it represents, at the very least, a “double jeopardy” of an extra 2.5% of the total budget for low-income households, or some €500 –more than a month’s worth of “discretionary” spending. The paper sheds light on the various underlying mechanisms that contribute to the creation of the poverty penalty. These “undesirable side-effects” of the market are of five types:• An unfavorable cost structure• An unfavorable price structure• The law of supply and demand• A lack of equipment or an unfavorable risk profile• Insufficient objectivity to deal with scarce, imperfect or missing information.The ultimate aim is to favor the development of compensation or annulment solutions through “positive discrimination” actions implemented by businesses; experiments currently under way offer some hope in the fight against the poverty penalty.

  19. In the public interest: intellectual disability, the Supreme Court, and the death penalty.

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

    This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed. PsycINFO Database Record (c) 2010 APA, all rights reserved.

  20. 15 CFR 700.74 - Violations, penalties, and remedies.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Violations, penalties, and remedies. 700.74 Section 700.74 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE NATIONAL SECURITY INDUSTRIAL BASE...

  1. 14 CFR 406.105 - Separation of functions for prosecuting civil penalties and advising the FAA decisionmaker.

    Science.gov (United States)

    2010-01-01

    ... civil penalties and advising the FAA decisionmaker. 406.105 Section 406.105 Aeronautics and Space... INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW Rules of Practice in FAA Space Transportation Adjudications § 406.105 Separation of functions for prosecuting civil penalties and advising the FAA...

  2. In-flight icing on unmanned aerial vehicle and its aerodynamic penalties

    Science.gov (United States)

    Szilder, K.; Yuan, W.

    2017-06-01

    A numerical prediction of ice accretion on HQ309, SD7032, and SD7037 airfoils and its aerodynamic penalties is described. Ice accretion prediction on a three-dimensional (3D) swept wing is also presented. In addition to airflow and drop trajectory solvers, NRC's (National Research Council) original, 3D, morphogenetic icing modeling approach has been used. The analysis was performed for a wide range of icing conditions identi¦ed in the FAA (Federal Aviation Administration) Appendix C icing envelope. They cover a range of drop sizes, air temperatures, and liquid water contents. For selected icing conditions, the resulting decrease in lift and increase in drag have been calculated.

  3. On the Expected Discounted Penalty Function for the Classical Risk Model with Potentially Delayed Claims and Random Incomes

    Directory of Open Access Journals (Sweden)

    Huiming Zhu

    2014-01-01

    Full Text Available We focus on the expected discounted penalty function of a compound Poisson risk model with random incomes and potentially delayed claims. It is assumed that each main claim will produce a byclaim with a certain probability and the occurrence of the byclaim may be delayed depending on associated main claim amount. In addition, the premium number process is assumed as a Poisson process. We derive the integral equation satisfied by the expected discounted penalty function. Given that the premium size is exponentially distributed, the explicit expression for the Laplace transform of the expected discounted penalty function is derived. Finally, for the exponential claim sizes, we present the explicit formula for the expected discounted penalty function.

  4. Capital Punishment: An Overview of Federal Death Penalty Statutes

    National Research Council Canada - National Science Library

    Bazan, Elizabeth B

    2005-01-01

    With the passage of P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994, the federal death penalty became available as a possible punishment for a substantial number of new and existing civilian offenses...

  5. Explicit versus implicit motivations: Clarifying how experiences affect turkey hunter satisfaction using revised importance-performance, importance grid, and penalty-reward-contrast analyses

    Science.gov (United States)

    Schroeder, Susan A.; Cornicelli, Louis; Fulton, David C.; Merchant, Steven S.

    2018-01-01

    Although research has advanced methods for clarifying factors that relate to customer satisfaction, they have not been embraced by leisure researchers. Using results from a survey of wild turkey hunters, we applied traditional and revised importance-performance (IPA/RIPA), importance-grid analysis (IGA), and penalty-reward-contrast analysis (PRCA) to examine how activity-specific factors influenced satisfaction. Results suggested differences between the explicit and implicit importance of factors related to turkey hunting. Opportunities to kill turkeys were explicitly rated as less important than seeing, hearing, or calling in turkeys, but opportunities for harvest had relatively higher levels of implicit importance. PRCA identified “calling turkeys in” and “hearing gobbling” as minimum requirements that cause dissatisfaction if not fulfilled, but do not provide satisfaction, whereas “seeing turkeys” and an “opportunity to kill a turkey” related to both satisfaction and dissatisfaction. RIPA, IGA, and PRCA could provide valuable insights about factors that may improve satisfaction for leisure participants.

  6. Fees and penalties for use of the environment – financial and legal aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-09-01

    Full Text Available Fees and penalties for use of the environment, regulated by the Environmental Protection Act, are legal structures related with each other. These are the four basic fees (for the emission of gases or dust into the air, the discharge of sewage, for water drawing and for storage of waste, as well as increased fees and penalties. Fees and penalties for use of the environment are separate institutions in relation to other categories of public revenues (taxes, fees for services. These are the payments for use directly the components of the environment (e.g. air, water. They constitute public burden for the use of the environment, which the state legislature imposes on entities using the environment. Their aim is to limit the use of the natural environment and the accumulation of funds for financing the tasks in the area of environmental protection.

  7. 30 CFR 845.13 - Point system for penalties.

    Science.gov (United States)

    2010-07-01

    ... seriousness, based upon the extent to which enforcement is obstructed by the violation. (3) Negligence. (i... violation which occurs through no negligence shall be assigned no penalty points for negligence; (B) A violation which is caused by negligence shall be assigned 12 points or less, depending on the degree of...

  8. 30 CFR 723.13 - Point system for penalties.

    Science.gov (United States)

    2010-07-01

    ... to which enforcement is obstructed by the violation. (3) Negligence. (i) The Office shall assign up... no negligence shall be assigned no penalty points for negligence; (B) A violation which is caused by negligence shall be assigned 12 points or less, depending on the degree of negligence; (C) A violation which...

  9. A non-penalty recurrent neural network for solving a class of constrained optimization problems.

    Science.gov (United States)

    Hosseini, Alireza

    2016-01-01

    In this paper, we explain a methodology to analyze convergence of some differential inclusion-based neural networks for solving nonsmooth optimization problems. For a general differential inclusion, we show that if its right hand-side set valued map satisfies some conditions, then solution trajectory of the differential inclusion converges to optimal solution set of its corresponding in optimization problem. Based on the obtained methodology, we introduce a new recurrent neural network for solving nonsmooth optimization problems. Objective function does not need to be convex on R(n) nor does the new neural network model require any penalty parameter. We compare our new method with some penalty-based and non-penalty based models. Moreover for differentiable cases, we implement circuit diagram of the new neural network. Copyright © 2015 Elsevier Ltd. All rights reserved.

  10. A nonlinear support vector machine model with hard penalty function based on glowworm swarm optimization for forecasting daily global solar radiation

    International Nuclear Information System (INIS)

    Jiang, He; Dong, Yao

    2016-01-01

    Highlights: • Eclat data mining algorithm is used to determine the possible predictors. • Support vector machine is converted into a ridge regularization problem. • Hard penalty selects the number of radial basis functions to simply the structure. • Glowworm swarm optimization is utilized to determine the optimal parameters. - Abstract: For a portion of the power which is generated by grid connected photovoltaic installations, an effective solar irradiation forecasting approach must be crucial to ensure the quality and the security of power grid. This paper develops and investigates a novel model to forecast 30 daily global solar radiation at four given locations of the United States. Eclat data mining algorithm is first presented to discover association rules between solar radiation and several meteorological factors laying a theoretical foundation for these correlative factors as input vectors. An effective and innovative intelligent optimization model based on nonlinear support vector machine and hard penalty function is proposed to forecast solar radiation by converting support vector machine into a regularization problem with ridge penalty, adding a hard penalty function to select the number of radial basis functions, and using glowworm swarm optimization algorithm to determine the optimal parameters of the model. In order to illustrate our validity of the proposed method, the datasets at four sites of the United States are split to into training data and test data, separately. The experiment results reveal that the proposed model delivers the best forecasting performances comparing with other competitors.

  11. 75 FR 43840 - Inflation Adjustment of the Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties for...

    Science.gov (United States)

    2010-07-27

    ...-17530; Notice No. 2] RIN 2130-ZA03 Inflation Adjustment of the Ordinary Maximum and Aggravated Maximum... remains at $250. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act [email protected] . SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act of 1990...

  12. Juror Decision-making in Death Penalty Sentencing when Presented with Defendant's History of Child Abuse or Neglect.

    Science.gov (United States)

    Bell Holleran, Lisa L; Vaughan, Tyler J; Vandiver, Donna M

    2016-11-01

    Previous studies have found aggravating, mitigating, and null effects of defendant histories of abuse and neglect on punishment preferences in capital sentencing. Perceiving these defendants as more dangerous, jurors may be more likely to favor the death penalty when such evidence is presented. This is counter to the intuition that abuse or neglect reduces culpability, and therefore mitigates the severity of punishment. We investigated the effect of defendant childhood physical abuse, sexual abuse, or neglect on the probability of a prospective juror preferring the death penalty in an between-subject experimental design. Using vignettes and two large samples (students and jurors), defendant histories were found to mitigate the probability that the hypothetical defendant received the death penalty, with sexual abuse having the most salient effect. Further, the effects were conditioned by preference for the death penalty - larger mitigating effects were observed among individuals who favor the death penalty. These findings suggest that initial judgments of abuse and neglect are related to juror leniency, and further research on the interaction of jury instructions and defendant histories is needed. Copyright © 2017 John Wiley & Sons, Ltd. Copyright © 2017 John Wiley & Sons, Ltd.

  13. Automatic penalty continuation in structural topology optimization

    DEFF Research Database (Denmark)

    Rojas Labanda, Susana; Stolpe, Mathias

    2015-01-01

    this issue is addressed. We propose an automatic continuation method, where the material penalization parameter is included as a new variable in the problem and a constraint guarantees that the requested penalty is eventually reached. The numerical results suggest that this approach is an appealing...... alternative to continuation methods. Automatic continuation also generally obtains better designs than the classical formulation using a reduced number of iterations....

  14. Theft of Debris from the Space Shuttle Columbia: Criminal Penalties

    National Research Council Canada - National Science Library

    Murnane, Andrew W; Eig, Larry

    2003-01-01

    .... This report briefly describes possible criminal penalties for conversion of government property, and does not address issues related to the personal property of the Columbia's crew. This report will be updated as warranted.

  15. Experimental Adaptive Digital Performance Monitoring for Optical DP-QPSK Coherent Receiver

    DEFF Research Database (Denmark)

    Borkowski, Robert; Zhang, Xu; Zibar, Darko

    2011-01-01

    We report on a successful experimental demonstration of a digital optical performance monitoring (OPM) yielding satisfactory estimation accuracy along with adaptive impairment equalization. No observable penalty is measured when equalizer is driven by monitoring module.......We report on a successful experimental demonstration of a digital optical performance monitoring (OPM) yielding satisfactory estimation accuracy along with adaptive impairment equalization. No observable penalty is measured when equalizer is driven by monitoring module....

  16. An examination of the effect on cigarette prices and promotions of Philip Morris USA penalties to stores that sell cigarettes to minors.

    Science.gov (United States)

    Feighery, E C; Schleicher, N C; Ribisl, K M; Rogers, T

    2009-12-01

    The purpose of this study was to assess the potential impact of public policies to regulate price discounting strategies on retail cigarette prices and advertising. Philip Morris USA (PM USA) has a policy designed to sanction stores violating state laws banning illegal tobacco sales to minors by temporarily suspending price discounting incentives. This study examined the impact of those sanctions on retail cigarette prices and sales promotion advertising. In November 2006, the California Attorney General's Office informed PM USA that 196 stores were found guilty of illegal underage sales. Of these, 109 stores that participated in the PM USA Retail Leaders Program were notified that their merchandising and/or promotional resources would be suspended for the month of April 2007. The remaining 87 stores were not sanctioned and served as a comparison group. Trained raters assessed advertising and prices of selected PM USA brands in these stores pre-penalty and during the penalty phase. There were no significant differences between sanctioned and non-sanctioned stores on median changes in price and sales promotion advertising from the pre-penalty to the penalty phase. The lack of impact on cigarette prices and advertising indicate that the PM USA policy may be flawed in its design or execution. If public policies are developed to restrain cigarette price discounting strategies, they should be crafted to ensure compliance and preclude possible compensatory actions by retailers.

  17. Unlocking the Poverty Penalty and Upscaling the Respect for Rights ...

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

    Kenya's population is becoming increasingly urban. ... web of power and governance, where landlords and criminal organizations thrive, often ... financial and planning models that provide a first approach on how to unlock the poverty penalty.

  18. 26 CFR 1.6694-4 - Extension of period of collection when tax return preparer pays 15 percent of a penalty for...

    Science.gov (United States)

    2010-04-01

    ... TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax, Additional Amounts, and... assessment, the IRS will also send, before assessment of either penalty, a 30-day letter to the tax return preparer notifying him of the proposed penalty or penalties and offering an opportunity to the tax return...

  19. On the expected discounted penalty functions for two classes of risk processes under a threshold dividend strategy

    Science.gov (United States)

    Lu, Zhaoyang; Xu, Wei; Sun, Decai; Han, Weiguo

    2009-10-01

    In this paper, the discounted penalty (Gerber-Shiu) functions for a risk model involving two independent classes of insurance risks under a threshold dividend strategy are developed. We also assume that the two claim number processes are independent Poisson and generalized Erlang (2) processes, respectively. When the surplus is above this threshold level, dividends are paid at a constant rate that does not exceed the premium rate. Two systems of integro-differential equations for discounted penalty functions are derived, based on whether the surplus is above this threshold level. Laplace transformations of the discounted penalty functions when the surplus is below the threshold level are obtained. And we also derive a system of renewal equations satisfied by the discounted penalty function with initial surplus above the threshold strategy via the Dickson-Hipp operator. Finally, analytical solutions of the two systems of integro-differential equations are presented.

  20. On implementation of the extended interior penalty function. [optimum structural design

    Science.gov (United States)

    Cassis, J. H.; Schmit, L. A., Jr.

    1976-01-01

    The extended interior penalty function formulation is implemented. A rational method for determining the transition between the interior and extended parts is set forth. The formulation includes a straightforward method for avoiding design points with some negative components, which are physically meaningless in structural analysis. The technique, when extended to problems involving parametric constraints, can facilitate closed form integration of the penalty terms over the most important parts of the parameter interval. The method lends itself well to the use of approximation concepts, such as design variable linking, constraint deletion and Taylor series expansions of response quantities in terms of design variables. Examples demonstrating the algorithm, in the context of planar orthogonal frames subjected to ground motion, are included.

  1. 7 CFR 3.91 - Adjusted civil monetary penalties.

    Science.gov (United States)

    2010-01-01

    ... articles not for monetary gain), $275,000 in the case of any other person for each violation, and $550,000... violation of the AHPA by an individual moving regulated articles not for monetary gain, $275,000 in the case... and a maximum of $550. (3) Food and Nutrition Service. (i) Civil penalty for hardship fine in lieu of...

  2. 45 CFR 305.2 - Performance measures.

    Science.gov (United States)

    2010-10-01

    ... PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES § 305.2 Performance measures. (a) The child support incentive system measures State performance levels in five program areas... 45 Public Welfare 2 2010-10-01 2010-10-01 false Performance measures. 305.2 Section 305.2 Public...

  3. 26 CFR 1.6662-7 - Omnibus Budget Reconciliation Act of 1993 changes to the accuracy-related penalty.

    Science.gov (United States)

    2010-04-01

    ... changes to the accuracy-related penalty. 1.6662-7 Section 1.6662-7 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax... changes to the accuracy-related penalty in section 6662. This section provides rules reflecting those...

  4. A Modified Penalty Parameter Approach for Optimal Estimation of UH with Simultaneous Estimation of Infiltration Parameters

    Science.gov (United States)

    Bhattacharjya, Rajib Kumar

    2018-05-01

    The unit hydrograph and the infiltration parameters of a watershed can be obtained from observed rainfall-runoff data by using inverse optimization technique. This is a two-stage optimization problem. In the first stage, the infiltration parameters are obtained and the unit hydrograph ordinates are estimated in the second stage. In order to combine this two-stage method into a single stage one, a modified penalty parameter approach is proposed for converting the constrained optimization problem to an unconstrained one. The proposed approach is designed in such a way that the model initially obtains the infiltration parameters and then searches the optimal unit hydrograph ordinates. The optimization model is solved using Genetic Algorithms. A reduction factor is used in the penalty parameter approach so that the obtained optimal infiltration parameters are not destroyed during subsequent generation of genetic algorithms, required for searching optimal unit hydrograph ordinates. The performance of the proposed methodology is evaluated by using two example problems. The evaluation shows that the model is superior, simple in concept and also has the potential for field application.

  5. Noise reduction in Lidar signal using correlation-based EMD combined with soft thresholding and roughness penalty

    Science.gov (United States)

    Chang, Jianhua; Zhu, Lingyan; Li, Hongxu; Xu, Fan; Liu, Binggang; Yang, Zhenbo

    2018-01-01

    Empirical mode decomposition (EMD) is widely used to analyze the non-linear and non-stationary signals for noise reduction. In this study, a novel EMD-based denoising method, referred to as EMD with soft thresholding and roughness penalty (EMD-STRP), is proposed for the Lidar signal denoising. With the proposed method, the relevant and irrelevant intrinsic mode functions are first distinguished via a correlation coefficient. Then, the soft thresholding technique is applied to the irrelevant modes, and the roughness penalty technique is applied to the relevant modes to extract as much information as possible. The effectiveness of the proposed method was evaluated using three typical signals contaminated by white Gaussian noise. The denoising performance was then compared to the denoising capabilities of other techniques, such as correlation-based EMD partial reconstruction, correlation-based EMD hard thresholding, and wavelet transform. The use of EMD-STRP on the measured Lidar signal resulted in the noise being efficiently suppressed, with an improved signal to noise ratio of 22.25 dB and an extended detection range of 11 km.

  6. The ethical "elephant" in the death penalty "room".

    Science.gov (United States)

    Keane, Michael

    2008-10-01

    The United States Supreme Court recently ruled that execution by a commonly used protocol of drug administration does not represent cruel or unusual punishment. Various medical journals have editorialized on this drug protocol, the death penalty in general and the role that physicians play. Many physicians, and societies of physicians, express the opinion that it is unethical for doctors to participate in executions. This Target Article explores the harm that occurs to murder victims' relatives when an execution is delayed or indefinitely postponed. By using established principles in psychiatry and the science of the brain, it is shown that victims' relatives can suffer brain damage when justice is not done. Conversely, adequate justice can reverse some of those changes in the brain. Thus, physician opposition to capital punishment may be contributing to significant harm. In this context, the ethics of physician involvement in lethal injection is complex.

  7. 43 CFR 30.148 - Will interest or penalties charged after the date of death be paid?

    Science.gov (United States)

    2010-10-01

    ... date of death be paid? Interest or penalties charged against claims after the date of death will not be... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Will interest or penalties charged after the date of death be paid? 30.148 Section 30.148 Public Lands: Interior Office of the Secretary of the...

  8. Self-Paced Prioritized Curriculum Learning With Coverage Penalty in Deep Reinforcement Learning.

    Science.gov (United States)

    Ren, Zhipeng; Dong, Daoyi; Li, Huaxiong; Chen, Chunlin; Zhipeng Ren; Daoyi Dong; Huaxiong Li; Chunlin Chen; Dong, Daoyi; Li, Huaxiong; Chen, Chunlin; Ren, Zhipeng

    2018-06-01

    In this paper, a new training paradigm is proposed for deep reinforcement learning using self-paced prioritized curriculum learning with coverage penalty. The proposed deep curriculum reinforcement learning (DCRL) takes the most advantage of experience replay by adaptively selecting appropriate transitions from replay memory based on the complexity of each transition. The criteria of complexity in DCRL consist of self-paced priority as well as coverage penalty. The self-paced priority reflects the relationship between the temporal-difference error and the difficulty of the current curriculum for sample efficiency. The coverage penalty is taken into account for sample diversity. With comparison to deep Q network (DQN) and prioritized experience replay (PER) methods, the DCRL algorithm is evaluated on Atari 2600 games, and the experimental results show that DCRL outperforms DQN and PER on most of these games. More results further show that the proposed curriculum training paradigm of DCRL is also applicable and effective for other memory-based deep reinforcement learning approaches, such as double DQN and dueling network. All the experimental results demonstrate that DCRL can achieve improved training efficiency and robustness for deep reinforcement learning.

  9. Microstructure Images Restoration of Metallic Materials Based upon KSVD and Smoothing Penalty Sparse Representation Approach.

    Science.gov (United States)

    Li, Qing; Liang, Steven Y

    2018-04-20

    Microstructure images of metallic materials play a significant role in industrial applications. To address image degradation problem of metallic materials, a novel image restoration technique based on K-means singular value decomposition (KSVD) and smoothing penalty sparse representation (SPSR) algorithm is proposed in this work, the microstructure images of aluminum alloy 7075 (AA7075) material are used as examples. To begin with, to reflect the detail structure characteristics of the damaged image, the KSVD dictionary is introduced to substitute the traditional sparse transform basis (TSTB) for sparse representation. Then, due to the image restoration, modeling belongs to a highly underdetermined equation, and traditional sparse reconstruction methods may cause instability and obvious artifacts in the reconstructed images, especially reconstructed image with many smooth regions and the noise level is strong, thus the SPSR (here, q = 0.5) algorithm is designed to reconstruct the damaged image. The results of simulation and two practical cases demonstrate that the proposed method has superior performance compared with some state-of-the-art methods in terms of restoration performance factors and visual quality. Meanwhile, the grain size parameters and grain boundaries of microstructure image are discussed before and after they are restored by proposed method.

  10. Death Penalty Decisions: Instruction Comprehension, Attitudes, and Decision Mediators.

    Science.gov (United States)

    Patry, Marc W; Penrod, Steven D

    2013-01-01

    A primary goal of this research was to empirically evaluate a set of assumptions, advanced in the Supreme Court's ruling in Buchanan v. Angelone (1998), about jury comprehension of death penalty instructions. Further, this research examined the use of evidence in capital punishment decision making by exploring underlying mediating factors upon which death penalty decisions may be based. Manipulated variables included the type of instructions and several variations of evidence. Study 1 was a paper and pencil study of 245 undergraduate mock jurors. The experimental design was an incomplete 4×2×2×2×2 factorial model resulting in 56 possible conditions. Manipulations included four different types of instructions, presence of a list of case-specific mitigators to accompany the instructions, and three variations in the case facts: age of the defendant, bad prior record, and defendant history of emotional abuse. Study 2 was a fully-crossed 2×2×2×2×2 experiment with four deliberating mock juries per cell. Manipulations included jury instructions (original or revised), presence of a list of case-specific mitigators, defendant history of emotional abuse, bad prior record, and heinousness of the crime. The sample of 735 jury-eligible participants included 130 individuals who identified themselves as students. Participants watched one of 32 stimulus videotapes based on a replication of a capital sentencing hearing. The present findings support previous research showing low comprehension of capital penalty instructions. Further, we found that higher instruction comprehension was associated with higher likelihood of issuing life sentence decisions. The importance of instruction comprehension is emphasized in a social cognitive model of jury decision making at the sentencing phase of capital cases.

  11. 75 FR 17555 - Department of Agriculture Civil Monetary Penalties Adjustment

    Science.gov (United States)

    2010-04-07

    ..., codified at 15 U.S.C. 50, has a maximum of $110. (vii) Civil penalty for live poultry dealer violations... ``the amount specified at Sec. 3.91(b)(10)(iv) of this title''. Dated: January 12, 2010. Thomas J...

  12. 20 CFR 200.7 - Assessment or waiver of interest, penalties, and administrative costs with respect to collection...

    Science.gov (United States)

    2010-04-01

    ... any of the Acts which the Board administers. (b)(1) Simple interest shall be assessed once a month on... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Assessment or waiver of interest, penalties... waiver of interest, penalties, and administrative costs with respect to collection of certain debts. (a...

  13. 29 CFR 102.132 - Reporting of prohibited communications; penalties.

    Science.gov (United States)

    2010-07-01

    ... communication shall place or cause to be placed on the public record of the proceeding: (1) The communication... 29 Labor 2 2010-07-01 2010-07-01 false Reporting of prohibited communications; penalties. 102.132 Section 102.132 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD RULES AND REGULATIONS...

  14. From motherhood penalties to husband premia: the new challenge for gender equality and family policy, lessons from Norway.

    Science.gov (United States)

    Petersen, Trond; Penner, Andrew M; Høgsnes, Geir

    2014-03-01

    Given the key role that processes occurring in the family play in creating gender inequality, the family is a central focus of policies aimed at creating greater gender equality. We examine how family status affects the gender wage gap using longitudinal matched employer-employee data from Norway, 1979-96, a period with extensive expansion of family policies. The motherhood penalty dropped dramatically from 1979 to 1996. Among men the premia for marriage and fatherhood remained constant. In 1979, the gender wage gap was primarily due to the motherhood penalty, but by 1996 husband premia were more important than motherhood penalties.

  15. 49 CFR 1018.30 - Interest, penalties, and administrative costs.

    Science.gov (United States)

    2010-10-01

    ... interest, penalties, and administrative costs on debts owed to the United States Government in accordance.... (e) Interest is computed only on the principal of the debt, and the interest rate remains fixed for.... (d) The Board shall assess interest based upon the rate of the current value of funds to the United...

  16. 49 CFR 1017.14 - Interest, penalties, and administrative costs.

    Science.gov (United States)

    2010-10-01

    ... OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES § 1017.14 Interest, penalties, and administrative costs. (a) The rate of interest assessed shall be the rate of the current value of funds to the U... of interest can be assessed if the Board can reasonably determine that a higher rate is necessary to...

  17. 33 CFR 118.5 - Penalty for failure to maintain.

    Science.gov (United States)

    2010-07-01

    ... States who fails or refuses to maintain such lights and other signals, or to obey any of the lawful rules... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Penalty for failure to maintain. 118.5 Section 118.5 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY...

  18. Mutual Recognition of Financial Penalties between the EU Member States. Critical Observations

    Directory of Open Access Journals (Sweden)

    Minodora Ioana Rusu

    2010-07-01

    Full Text Available According to the special Romanian law, one of the forms of judicial assistance in criminal matters recognized in the relations between the EU member states is, among others, the one referringto the cooperation in applying the principle of mutual recognition of financial penalties. The European normative act that establishes the general cooperation norms in this matter is the Council’sDecision Frame 2005/214/JAI on February 24, 2005 on the application of the principle of mutual recognition of financial penalties. This European normative act has been transposed in the internallegislation through Law no.302/2004, according to the international judicial cooperation in criminal matters, with the subsequent amendments and completions, the latter being represented by Lawno.222/2008. The amendments and completions instituted by the abovementioned normative act establish the procedure of transmitting the decision, the procedures for recognition and execution ofsuch a decision by the competent Romanian judicial authorities, the grounds of non recognition and non execution, the definition of used terms, as well as other aspects referring to the recognition andexecution of such decisions. Commenting refers to a number of provisions in the law under both European and domestic in the special law, comments aimed in particular the replacement of terms ofrecognition or non-performance reasons, the procedure of identification of persons convicted when they are evade the enforcement of financial obligations and failure to transpose into national law of subsequent changes to European law.

  19. Divergence-Conforming Discontinuous Galerkin Methods and $C^0$ Interior Penalty Methods

    KAUST Repository

    Kanschat, Guido

    2014-01-01

    © 2014 Society for Industrial and Applied Mathematics. In this paper, we show that recently developed divergence-conforming methods for the Stokes problem have discrete stream functions. These stream functions in turn solve a continuous interior penalty problem for biharmonic equations. The equivalence is established for the most common methods in two dimensions based on interior penalty terms. Then, extensions of the concept to discontinuous Galerkin methods defined through lifting operators, for different weak formulations of the Stokes problem, and to three dimensions are discussed. Application of the equivalence result yields an optimal error estimate for the Stokes velocity without involving the pressure. Conversely, combined with a recent multigrid method for Stokes flow, we obtain a simple and uniform preconditioner for harmonic problems with simply supported and clamped boundary.

  20. Improvements of the Penalty Avoiding Rational Policy Making Algorithm and an Application to the Othello Game

    Science.gov (United States)

    Miyazaki, Kazuteru; Tsuboi, Sougo; Kobayashi, Shigenobu

    The purpose of reinforcement learning is to learn an optimal policy in general. However, in 2-players games such as the othello game, it is important to acquire a penalty avoiding policy. In this paper, we focus on formation of a penalty avoiding policy based on the Penalty Avoiding Rational Policy Making algorithm [Miyazaki 01]. In applying it to large-scale problems, we are confronted with the curse of dimensionality. We introduce several ideas and heuristics to overcome the combinational explosion in large-scale problems. First, we propose an algorithm to save the memory by calculation of state transition. Second, we describe how to restrict exploration by two type knowledge; KIFU database and evaluation funcion. We show that our learning player can always defeat against the well-known othello game program KITTY.

  1. Racial Characteristics and the Imposition of the Death Penalty.

    Science.gov (United States)

    Radelet, Michael L.

    1981-01-01

    Data from Florida from 1976-77 show that those accused of murdering Whites are more likely to be sentenced to death than those accused of murdering Blacks. If victim's race is controlled, however, data do not clearly support the hypothesis that defendant's race is strongly associated with imposition of the death penalty. (Author/GC)

  2. 10 CFR 15.37 - Interest, penalties, and administrative costs.

    Science.gov (United States)

    2010-01-01

    ...) Interest is computed only on the principal of the debt and the interest rate remains fixed for the duration..., penalties, and administrative costs on debts owed to the United States Government in accordance with the...) The NRC shall waive collection of interest on the debt or any portion of the debt which is paid in...

  3. 45 CFR 261.80 - How do existing welfare reform waivers affect a State's penalty liability under this part?

    Science.gov (United States)

    2010-10-01

    ... FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES ENSURING THAT RECIPIENTS WORK How Do Welfare Reform Waivers Affect State Penalties? § 261.80 How do existing welfare reform waivers affect a State's penalty... 45 Public Welfare 2 2010-10-01 2010-10-01 false How do existing welfare reform waivers affect a...

  4. Performance Analysis of MYSEA

    Science.gov (United States)

    2012-09-01

    Services FSD Federated Services Daemon I&A Identification and Authentication IKE Internet Key Exchange KPI Key Performance Indicator LAN Local Area...spection takes place in different processes in the server architecture. Key Performance Indica- tor ( KPI )s associated with the system need to be...application and risk analysis of security controls. Thus, measurement of the KPIs is needed before an informed tradeoff between the performance penalties

  5. 78 FR 14179 - Adjustments to Civil Monetary Penalty Amounts

    Science.gov (United States)

    2013-03-05

    ... monetary penalties that may be imposed by the Public Company Accounting Oversight Board (the ``PCAOB'') in...,500 $7,500 For any other person.... 2010 75,000 80,000 For natural person/fraud 2010 75,000 80,000 For any other person/ 2010 375,000 400,000 fraud. For natural person/ 2010 150,000 160,000 substantial...

  6. 77 FR 60047 - Adjustment of Civil Monetary Penalties for Inflation

    Science.gov (United States)

    2012-10-02

    ... provides a penalty of up to $1,000 for an educational organization's failure to disclose certain... of Justice, Attorney General's Manual on the Administrative Procedure Act 31 (1947) and South.... Assessment of Educational Impact Based on our own review, we have determined that these final regulations do...

  7. Stress, Coping, and Emotions on the World Stage : The Experience of Participating in a Major Soccer Tournament Penalty Shootout

    NARCIS (Netherlands)

    Jordet, Geir; Elferink-Gemser, Marije T.

    2012-01-01

    This study was designed to capture the first-hand experiences of stressors, coping, and emotions that elite professional soccer players have during a major soccer penalty shootout. Eight players who each took part in an important European Championships penalty shootout were interviewed. The results

  8. A performance model for the communication in fast multipole methods on high-performance computing platforms

    KAUST Repository

    Ibeid, Huda; Yokota, Rio; Keyes, David E.

    2016-01-01

    model and the actual communication time on four high-performance computing (HPC) systems, when latency, bandwidth, network topology, and multicore penalties are all taken into account. To our knowledge, this is the first formal characterization

  9. Heuristic for Stochastic Online Flowshop Problem with Preemption Penalties

    Directory of Open Access Journals (Sweden)

    Mohammad Bayat

    2013-01-01

    Full Text Available The deterministic flowshop model is one of the most widely studied problems; whereas its stochastic equivalent has remained a challenge. Furthermore, the preemptive online stochastic flowshop problem has received much less attention, and most of the previous researches have considered a nonpreemptive version. Moreover, little attention has been devoted to the problems where a certain time penalty is incurred when preemption is allowed. This paper examines the preemptive stochastic online flowshop with the objective of minimizing the expected makespan. All the jobs arrive overtime, which means that the existence and the parameters of each job are unknown until its release date. The processing time of the jobs is stochastic and actual processing time is unknown until completion of the job. A heuristic procedure for this problem is presented, which is applicable whenever the job processing times are characterized by their means and standard deviation. The performance of the proposed heuristic method is explored using some numerical examples.

  10. On convergence rates for iteratively regularized procedures with linear penalty terms

    International Nuclear Information System (INIS)

    Smirnova, Alexandra

    2012-01-01

    The impact of this paper is twofold. First, we study convergence rates of the iteratively regularized Gauss–Newton (IRGN) algorithm with a linear penalty term under a generalized source assumption and show how the regularizing properties of new iterations depend on the solution smoothness. Secondly, we introduce an adaptive IRGN procedure, which is investigated under a relaxed smoothness condition. The introduction and analysis of a more general penalty term are of great importance since, apart from bringing stability to the numerical scheme designed for solving a large class of applied inverse problems, it allows us to incorporate various types of a priori information available on the model. Both a priori and a posteriori stopping rules are investigated. For the a priori stopping rule, optimal convergence rates are derived. A numerical example illustrating convergence rates is considered. (paper)

  11. APPLICATION OF PENALTY ANALYSIS TO INTERPRET JAR DATA – A CASE STUDY ON ORANGE JUICES

    Directory of Open Access Journals (Sweden)

    Dida Iserliyska

    2017-07-01

    Full Text Available Penalty analysis is a graphical technique to reveal the possible penalty paid by the product in terms of reduced overall liking by not being Just About Right (JAR on a characteristic. Thus consumer affective tests were conducted to investigate the use of penalty analysis to model consumer acceptance of six well-known brands of orange juice using the proposed method to infer the drivers of liking from JAR data. Just-about-right (JAR and hedonic ratings were used to measure each attribute evaluated. Consumers (n=81 were asked to rate the overall acceptance using a 9-point hedonic scale. Just About Right (JAR scales were used to evaluate the rest of the attributes as followed: color, sweet taste, sour taste, bitter taste and amount of pulp. Means and frequencies of each sensory attribute were obtained. Spearman's rank correlation coefficients gave the relationship between the sensory attributes and the overall liking.

  12. 29 CFR 500.144 - Civil money penalties-payment and collection.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-payment and collection. 500.144... LABOR REGULATIONS MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Enforcement § 500.144 Civil money... promptly the amount thereof, as finally determined, to the Secretary by certified check or by money order...

  13. Thermodynamic analysis of turbine blade cooling on the performance of gas turbine cycle

    International Nuclear Information System (INIS)

    Sarabchi, K.; Shokri, M.

    2002-01-01

    Turbine inlet temperature strongly affects gas turbine performance. Today blade cooling technologies facilitate the use of higher inlet temperatures. Of course blade cooling causes some thermodynamic penalties that destroys to some extent the positive effect of higher inlet temperatures. This research aims to model and evaluate the performance of gas turbine cycle with air cooled turbine. In this study internal and transpiration cooling methods has been investigated and the penalties as the result of gas flow friction, cooling air throttling, mixing of cooling air flow with hot gas flow, and irreversible heat transfer have been considered. In addition, it is attempted to consider any factor influencing actual conditions of system in the analysis. It is concluded that penalties due to blade cooling decrease as permissible temperature of the blade surface increases. Also it is observed that transpiration method leads to better performance of gas turbine comparing to internal cooling method

  14. Unpaid Payroll Taxes Billions in Delinquent Taxes and Penalty Assessments Are Owed

    National Research Council Canada - National Science Library

    1999-01-01

    This report responds to your request for information on payroll taxes owed to the federal government and the associated trust fund recovery penalties assessed individuals responsible for the nonpayment of these taxes...

  15. The Inability of Criminal Justice System in Brazil and the Death Penalty Application Extrajudicial

    Directory of Open Access Journals (Sweden)

    João Paulo Calves

    2016-12-01

    Full Text Available The inability of the criminal justice system in Brazil to contain the advances of crime in society awakens a sense of impunity and the desire for immediate answers from the government to stop the advances of violence. This article aims to analyze the main reasons contributing to the inefficiency of judicial assistance, and describes, based on literature review of Beccaria, Kant and Bobbio, the foundations abolitionists and antiabolicionistas of the death penalty. It was concluded that Brazil prohibits the punishment of judicial death, but society and the State apply the death penalty in extra-judicial manner.

  16. critical analysis of abolition of death penalty in international law

    African Journals Online (AJOL)

    Mofasony

    regions” in the world, as most African states still retain the death penalty despite the growing international ..... been likely to endanger our safety. If application of ..... narrower class of crimes, and has excluded an increasingly broader group of .... manufacturing criminals and then killing them is an insult to our intelligence and.

  17. 76 FR 74720 - Inflation Adjustment of Civil Monetary Penalties; Correction

    Science.gov (United States)

    2011-12-01

    ... FEDERAL MARITIME COMMISSION 46 CFR Part 506 [Docket No. 09-04] RIN 3072-AC36 Inflation Adjustment... published in the Federal Register of Friday, July 31, 2009 (74 FR 38114). The rule adjusts for inflation the... accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended...

  18. 29 CFR 502.22 - Civil money penalties-payment and collection.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-payment and collection. 502.22... § 502.22 Civil money penalties—payment and collection. Where the assessment is directed in a final order... promptly the amount thereof as finally determined, to the Administrator, WHD by certified check or by money...

  19. A Spectral Multi-Domain Penalty Method for Elliptic Problems Arising From a Time-Splitting Algorithm For the Incompressible Navier-Stokes Equations

    Science.gov (United States)

    Diamantopoulos, Theodore; Rowe, Kristopher; Diamessis, Peter

    2017-11-01

    The Collocation Penalty Method (CPM) solves a PDE on the interior of a domain, while weakly enforcing boundary conditions at domain edges via penalty terms, and naturally lends itself to high-order and multi-domain discretization. Such spectral multi-domain penalty methods (SMPM) have been used to solve the Navier-Stokes equations. Bounds for penalty coefficients are typically derived using the energy method to guarantee stability for time-dependent problems. The choice of collocation points and penalty parameter can greatly affect the conditioning and accuracy of a solution. Effort has been made in recent years to relate various high-order methods on multiple elements or domains under the umbrella of the Correction Procedure via Reconstruction (CPR). Most applications of CPR have focused on solving the compressible Navier-Stokes equations using explicit time-stepping procedures. A particularly important aspect which is still missing in the context of the SMPM is a study of the Helmholtz equation arising in many popular time-splitting schemes for the incompressible Navier-Stokes equations. Stability and convergence results for the SMPM for the Helmholtz equation will be presented. Emphasis will be placed on the efficiency and accuracy of high-order methods.

  20. Penalty model for delay of bidding section construction period in South-to-North Water Diversion Eastern Route Project from perspective of programs

    Directory of Open Access Journals (Sweden)

    Jing-chun Feng

    2012-09-01

    Full Text Available According to the multi-project and program management theory, this paper analyzes the program generation principle and establishes a program based on progress goals. On the basis of the present situation of calculation of penalty for delay of the bidding section construction period with the critical path method, we studied the effects of contractor-induced delay of the bidding section construction period in detail, including the effects on the construction period of the bidding section itself, the earliest start times of the next bidding section and other subsequent bidding sections, and the construction period of the program, and then constructed a penalty model for delay of the bidding section construction period from the perspective of programs. Using the penalty model, we conducted a practical analysis of penalty for delay of the construction period of the Baoying station program in the South-to-North Water Diversion Project. The model can help determine the amount of penalty for delay of the construction period in bidding sections scientifically and reasonably.

  1. Can pay-for-performance to primary care providers stimulate appropriate use of antibiotics?

    DEFF Research Database (Denmark)

    Dietrichson, Jens; Maria Ellegård, Lina; Anell, Anders

    -for-performance in a difference-in-differences analysis. Despite that the monetary incentives were small, we find that P4P significantly increased narrow-spectrum antibiotics' share of RTI antibiotics consumption. We further find larger effects in areas where there were many private providers, where the incentive was formulated...... as a penalty rather than a reward, and where all providers were close to a P4P target....

  2. 29 CFR 801.43 - Civil money penalties-payment and collection.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-payment and collection. 801.43... OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Enforcement § 801.43 Civil money... by certified check or by money order, made payable to the order of “Wage and Hour Division, Labor...

  3. 76 FR 62689 - Tax Return Preparer Penalties Under Section 6695

    Science.gov (United States)

    2011-10-11

    ... the penalty if a member of its principal management or the principal management of a branch office... members of the principal management (or principal officers) of the firm or a branch office participated in... Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d...

  4. Risk:reward sharing contracts in the oil industry: the effects of bonus:penalty schemes

    International Nuclear Information System (INIS)

    Kemp, A.G.; Stephen, L.

    1999-01-01

    Partnering and alliancing among oil companies and their contractors have become common in the oil industry in recent years. The risk:reward mechanisms established very often incorporate bonus/penalty schemes in relation to agreed base values. This paper examines the efficiency requirements of such schemes. The effects of project cost and completion risks on the risk: reward positions of field investors and contractors with and without bonus/penalty schemes are examined with the aid of Monte Carlo simulation analysis. The schemes increase the total risk for contractors and have consequence for their cost of capital and optimal risk-bearing arrangements within the industry. (author)

  5. Deterrence and the Celerity of the Death Penalty: A Neglected Question in Deterrence Research. Discussion Paper No. 532-78.

    Science.gov (United States)

    Bailey, William C.

    This paper focuses on the deterrent effect of the celerity of the death penalty on homicide rates. The deterrent effect of both the certainty and the celerity of the death penalty on homicide rates is examined cross-sectionally for States. Multiple measures of execution and homicide are considered, along with various sociodemographic variables, in…

  6. To Reinstate or to Not Reinstate? An Exploratory Study of Student Perspectives on the Death Penalty in Michigan.

    Science.gov (United States)

    Adinkrah, Mensah; Clemens, William M

    2018-01-01

    The U.S. state of Michigan abolished the death penalty in 1846. Since then, several abortive efforts have been made by state legislators to re-establish the death sentence to deal with convicted murderers. Concurrently, some support exists among Michigan residents for the restoration of capital punishment in the state. This article presents the results of the analysis of an attitudinal survey of 116 college students enrolled in three criminal justice courses in a Michigan public university concerning the reinstatement of the death sentence in the state. The data from this exploratory study show that a slight majority (52.6%) of respondents favored reinstatement whereas 45.7% opposed restoration. Advocates and opponents of re-establishment of the death penalty in Michigan provided similar religious, moral and economic arguments proffered by others in previous surveys on capital punishment available in the death penalty literature. The current study makes a contribution to the scant extant literature on attitudes toward the death penalty in abolitionist jurisdictions. As this body of literature grows, it can provide baseline data or information with which to compare attitudes in retentionist states.

  7. PRINCIPLE OF AVAILABILITY IN THE MATTER OF THE REDUCIBILITY OF THE PENALTY CLAUSE

    Directory of Open Access Journals (Sweden)

    Maria DUMITRU

    2013-12-01

    Full Text Available Being receptive to doctrinaire advocacies prior to October 1st 2011 and taking into consideration the social and economical realities of the last decades, the Romanian legislator, in art. 1541 of the civil Code gives the court the power to reduce the evidently excessive penalty clause in relation to the prejudice that could have been foreseen by the parties at the date on which the contract was signed. Amid the silence of the legislator and taking into account the disposition right of the parties over the object of the civil trial, we propose to find whether the court can diminish the obviously excessive penalty clause only when invested with such request or whether this prerogative can be exercised ex officio.

  8. Field-of-study mismatch and overqualification: labour market correlates and their wage penalty

    Directory of Open Access Journals (Sweden)

    Guillermo Montt

    2017-01-01

    Full Text Available Abstract Field-of-study mismatch occurs when a worker, trained in a particular field, works in another field. This study draws on the Survey of Adult Skills (PIAAC to explore how skill supply and labour market demand dynamics influence mismatch. It updates cross-national estimates on mismatch and estimates the mismatch wage penalty. Findings suggest that around 40% of workers are mismatched by field at their qualification level, 11% overqualified in their field and 13% overqualified and working outside their field. The saturation of the field in the labour market and the transferability of the fields’ skills predict the incidence of field-of-study mismatch and overqualification. Workers who are mismatched by field only suffer a wage penalty if they are overqualified.

  9. 49 CFR 578.6 - Civil penalties for violations of specified provisions of Title 49 of the United States Code.

    Science.gov (United States)

    2010-10-01

    ... vehicle distributed in commerce for sale in the United States that willfully fails to attach the label... for a civil penalty of not more than $140,000 a day for each violation. (h) Automobile fuel economy... penalty of $5.50 multiplied by each .1 of a mile a gallon by which the applicable average fuel economy...

  10. Integration between a demo size post-combustion CO2 capture and full size power plant: an integral approach on energy penalty for different process options

    NARCIS (Netherlands)

    Miguel Mercader, F. de; Magneschi, G.; Sanchez Fernandez, E.; Stienstra, G.J.; Goetheer, E.L.V.

    2012-01-01

    CO2 capture based on post-combustion capture has the potential to significantly reduce the CO2 emissions from coal-fired power plants. However, this capture process reduces considerably the energy efficiency of the power plant. To reduce this energy penalty, this paper studies different

  11. The Death Penalty in the United States. Public Talk Series.

    Science.gov (United States)

    Pasquerella, Lynn

    This program guide provides the information a study circle will need to discuss the death penalty. It offers a balanced, nonpartisan presentation of a spectrum of views. The four positions and the supporting material are designed for use in a single-session program of approximately 2 hours. The four positions are as follows: (1) the death penalty…

  12. 31 CFR 601.5 - Penalty for unauthorized control or possession.

    Science.gov (United States)

    2010-07-01

    ... CURRENCY AND OTHER SECURITIES § 601.5 Penalty for unauthorized control or possession. The Secretary of the... heretofore adopted for the printing of paper currency or other obligations or securities of the United States, is and will be subject to the provisions of 18 U.S.C. 474A which provides, in part, that it is...

  13. Judicial individualization of criminal penalties for corruption offenses committed by civil servants and/or dignitaries

    Directory of Open Access Journals (Sweden)

    Ion TIPA

    2017-06-01

    Full Text Available This article focuses on the study of judicial personalization of criminal penalties applied for corruption offenses of civil servants and / or dignitaries. At the same time, the following study shows the criteria and rules for the individualization of a criminal punishment, the attenuating and aggravating circumstances that influence the application of criminal penalties, with examples from practice, thus mentioning the errors made by some instances of Lower court judgment in the Republic of Moldova. The study also shows the process of individualization of criminal punishment in the light of exceptional circumstances and the way of calculating sentences and arrest computations.

  14. Tax evasion between fiscal and penalty

    Directory of Open Access Journals (Sweden)

    Andreea Mihaela Corîci

    2017-12-01

    Full Text Available Although in present times a big importance is given to combating and preventing tax evasion, as well as to all tax frauds, there are, however, people who are tax evaders from the point of view of the criminal body, who manage to ease of payment of tax liabilities to the state. By imposing more drastic or lighter penalties, it is attempted to determine the taxpayer in order not to escape the payment of taxes and to commit the crime.If for the financial controlling authority a fiscal crime has a direct impact on the budget of a certain area, the fiscal action is a criminal one for the criminal authority.

  15. 26 CFR 48.6715-1 - Penalty for misuse of dyed fuel.

    Science.gov (United States)

    2010-04-01

    ...) MISCELLANEOUS EXCISE TAXES MANUFACTURERS AND RETAILERS EXCISE TAXES Refunds and Other Administrative Provisions of Special Application to Retailers and Manufacturers Taxes § 48.6715-1 Penalty for misuse of dyed... other liquid (other than diesel fuel or kerosene ) that contains the type and amount of dye and marker...

  16. 19 CFR 163.10 - Failure to comply with court order; penalties.

    Science.gov (United States)

    2010-04-01

    ... court may find such person in contempt and may assess a monetary penalty. (b) Importations prohibited... guilty of contempt, the Commissioner of Customs, with the approval of the Secretary of the Treasury, for so long as that person remains in contempt: (1) May prohibit importation of merchandise by that...

  17. Direct Reconstruction of CT-based Attenuation Correction Images for PET with Cluster-Based Penalties

    Science.gov (United States)

    Kim, Soo Mee; Alessio, Adam M.; De Man, Bruno; Asma, Evren; Kinahan, Paul E.

    2015-01-01

    Extremely low-dose CT acquisitions for the purpose of PET attenuation correction will have a high level of noise and biasing artifacts due to factors such as photon starvation. This work explores a priori knowledge appropriate for CT iterative image reconstruction for PET attenuation correction. We investigate the maximum a posteriori (MAP) framework with cluster-based, multinomial priors for the direct reconstruction of the PET attenuation map. The objective function for direct iterative attenuation map reconstruction was modeled as a Poisson log-likelihood with prior terms consisting of quadratic (Q) and mixture (M) distributions. The attenuation map is assumed to have values in 4 clusters: air+background, lung, soft tissue, and bone. Under this assumption, the MP was a mixture probability density function consisting of one exponential and three Gaussian distributions. The relative proportion of each cluster was jointly estimated during each voxel update of direct iterative coordinate decent (dICD) method. Noise-free data were generated from NCAT phantom and Poisson noise was added. Reconstruction with FBP (ramp filter) was performed on the noise-free (ground truth) and noisy data. For the noisy data, dICD reconstruction was performed with the combination of different prior strength parameters (β and γ) of Q- and M-penalties. The combined quadratic and mixture penalties reduces the RMSE by 18.7% compared to post-smoothed iterative reconstruction and only 0.7% compared to quadratic alone. For direct PET attenuation map reconstruction from ultra-low dose CT acquisitions, the combination of quadratic and mixture priors offers regularization of both variance and bias and is a potential method to derive attenuation maps with negligible patient dose. However, the small improvement in quantitative accuracy relative to the substantial increase in algorithm complexity does not currently justify the use of mixture-based PET attenuation priors for reconstruction of CT

  18. Final Rule for Nonconformance Penalties for On-Highway Heavy-Duty Diesel Engines

    Science.gov (United States)

    EPA is taking final action to establish nonconformance penalties (NCPs) for manufacturers of heavy heavy-duty diesel engines (HHDDE) in model years 2012 and later for emissions of oxides of nitrogen (NOX) because we have found the criteria for NCPs.

  19. Adolescent Drug Use and the Deterrent Effect of School-Imposed Penalties

    Science.gov (United States)

    Waddell, G. R.

    2012-01-01

    Estimates of the effect of school-imposed penalties for drug use on a student's consumption of marijuana are biased if both are determined by unobservable school or individual attributes. Reverse causality is also a potential challenge to retrieving estimates of the causal relationship, as the severity of school sanctions may simply reflect the…

  20. The Performance of an Object-Oriented, Parallel Operating System

    Directory of Open Access Journals (Sweden)

    David R. Kohr, Jr.

    1994-01-01

    Full Text Available The nascent and rapidly evolving state of parallel systems often leaves parallel application developers at the mercy of inefficient, inflexible operating system software. Given the relatively primitive state of parallel systems software, maximizing the performance of parallel applications not only requires judicious tuning of the application software, but occasionally, the replacement of specific system software modules with others that can more readily respond to the imposed pattern of resource demands. To assess the feasibility of application and performance tuning via malleable system software and to understand the performance penalties for detailed operating system performance data capture, we describe a set of performance instrumentation techniques for parallel, object-oriented operating systems and a set of performance experiments with Choices, an experimental, object-oriented operating system designed for use with parallel sys- tems. These performance experiments show that (a the performance overhead for operating system data capture is modest, (b the penalty for malleable, object-oriented operating systems is negligible, but (c techniques are needed to strictly enforce adherence of implementation to design if operating system modules are to be replaced.

  1. Exact penalty results for mathematical programs with vanishing constraints

    Czech Academy of Sciences Publication Activity Database

    Hoheisel, T.; Kanzow, Ch.; Outrata, Jiří

    2010-01-01

    Roč. 72, č. 5 (2010), s. 2514-2526 ISSN 0362-546X R&D Projects: GA AV ČR IAA100750802 Institutional research plan: CEZ:AV0Z10750506 Keywords : Mathematical programs with vanishing constraints * Mathematical programs with equilibrium constraints * Exact penalization * Calmness * Subdifferential calculus * Limiting normal cone Subject RIV: BA - General Mathematics Impact factor: 1.279, year: 2010 http://library.utia.cas.cz/separaty/2010/MTR/outrata-exact penalty results for mathematical programs with vanishing constraints.pdf

  2. Leukoaraiosis significantly worsens driving performance of ordinary older drivers.

    Directory of Open Access Journals (Sweden)

    Kimihiko Nakano

    Full Text Available BACKGROUND: Leukoaraiosis is defined as extracellular space caused mainly by atherosclerotic or demyelinated changes in the brain tissue and is commonly found in the brains of healthy older people. A significant association between leukoaraiosis and traffic crashes was reported in our previous study; however, the reason for this is still unclear. METHOD: This paper presents a comprehensive evaluation of driving performance in ordinary older drivers with leukoaraiosis. First, the degree of leukoaraiosis was examined in 33 participants, who underwent an actual-vehicle driving examination on a standard driving course, and a driver skill rating was also collected while the driver carried out a paced auditory serial addition test, which is a calculating task given verbally. At the same time, a steering entropy method was used to estimate steering operation performance. RESULTS: The experimental results indicated that a normal older driver with leukoaraiosis was readily affected by external disturbances and made more operation errors and steered less smoothly than one without leukoaraiosis during driving; at the same time, their steering skill significantly deteriorated. CONCLUSIONS: Leukoaraiosis worsens the driving performance of older drivers because of their increased vulnerability to distraction.

  3. Pattern Discovery in Brain Imaging Genetics via SCCA Modeling with a Generic Non-convex Penalty.

    Science.gov (United States)

    Du, Lei; Liu, Kefei; Yao, Xiaohui; Yan, Jingwen; Risacher, Shannon L; Han, Junwei; Guo, Lei; Saykin, Andrew J; Shen, Li

    2017-10-25

    Brain imaging genetics intends to uncover associations between genetic markers and neuroimaging quantitative traits. Sparse canonical correlation analysis (SCCA) can discover bi-multivariate associations and select relevant features, and is becoming popular in imaging genetic studies. The L1-norm function is not only convex, but also singular at the origin, which is a necessary condition for sparsity. Thus most SCCA methods impose [Formula: see text]-norm onto the individual feature or the structure level of features to pursuit corresponding sparsity. However, the [Formula: see text]-norm penalty over-penalizes large coefficients and may incurs estimation bias. A number of non-convex penalties are proposed to reduce the estimation bias in regression tasks. But using them in SCCA remains largely unexplored. In this paper, we design a unified non-convex SCCA model, based on seven non-convex functions, for unbiased estimation and stable feature selection simultaneously. We also propose an efficient optimization algorithm. The proposed method obtains both higher correlation coefficients and better canonical loading patterns. Specifically, these SCCA methods with non-convex penalties discover a strong association between the APOE e4 rs429358 SNP and the hippocampus region of the brain. They both are Alzheimer's disease related biomarkers, indicating the potential and power of the non-convex methods in brain imaging genetics.

  4. Psychiatry and the death penalty.

    Science.gov (United States)

    Scott, Charles L

    2006-09-01

    Psychiatrists conducting forensic evaluations of defendants facing a potential death penalty must understand the legal and ethical parameters governing these assessments in addition to the important clinical issues. Important areas to review with each defendant include the role of the evaluator, the party requesting the evaluation, circumstances in which the evaluation is not confidential, the nature, scope, and purpose of the evaluation, and the parties to whom the results of the evaluation are to be forwarded. In those circumstances in which the defense attorney has not retained the psychiatrist, the defendant's attorney must be aware that an evaluation has been ordered by the court or requested by the prosecution. The psychiatrist also must be prepared for passionate challenges to their findings from the defense or prosecution and in some instances for vigorous attacks on their own personal ethics. To weather such storms, the mental health evaluator must base their opinion on objective evidence rather than letting any personal bias guide their assessment.

  5. 78 FR 55257 - Patient Safety and Quality Improvement: Civil Money Penalty Inflation Adjustment

    Science.gov (United States)

    2013-09-10

    ... DEPARTMENT OF HEALTH AND HUMAN SERVICES Patient Safety and Quality Improvement: Civil Money... Civil Rights has determined that an adjustment to the maximum civil money penalty amount for violations... confidentiality and privilege protections of Patient Safety Work Product (PSWP), and procedures for enforcement...

  6. 42 CFR 423.752 - Basis for imposing intermediate sanctions and civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... money penalties. 423.752 Section 423.752 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... BENEFIT Intermediate Sanctions § 423.752 Basis for imposing intermediate sanctions and civil money.... (iii) Medical social work. (iv) Administrative services. (b) Suspension of enrollment and marketing. If...

  7. Weight Penalty Incurred in Thermoelectric Recovery of Automobile Exhaust Heat

    Science.gov (United States)

    Rowe, D. M.; Smith, J.; Thomas, G.; Min, G.

    2011-05-01

    Thermoelectric recovery of automobile waste exhaust heat has been identified as having potential for reducing fuel consumption and environmentally unfriendly emissions. Around 35% of combustion energy is discharged as heat through the exhaust system, at temperatures which depend upon the engine's operation and range from 800°C to 900°C at the outlet port to less than 50°C at the tail-pipe. Beneficial reduction in fuel consumption of 5% to 10% is widely quoted in the literature. However, comparison between claims is difficult due to nonuniformity of driving conditions. In this paper the available waste exhaust heat energy produced by a 1.5 L family car when undergoing the new European drive cycle was measured and the potential thermoelectric output estimated. The work required to power the vehicle through the drive cycle was also determined and used to evaluate key parameters. This enabled an estimate to be made of the engine efficiency and additional work required by the engine to meet the load of a thermoelectric generating system. It is concluded that incorporating a thermoelectric generator would attract a penalty of around 12 W/kg. Employing thermoelectric modules fabricated from low-density material such as magnesium silicide would considerably reduce the generator weight penalty.

  8. DEPARTMENT OF ENERGY: Views on Proposed Civil Penalties, Security Oversight, and External Safety Regulation Legislation

    National Research Council Canada - National Science Library

    Jones, Gary

    2000-01-01

    .... 3383 would amend the Atomic Energy Act by eliminating the exemption that currently allows certain nonprofit contractors to avoid paying civil penalties if they violate DOE's nuclear safety rules...

  9. Partial Correlation Matrix Estimation using Ridge Penalty Followed by Thresholding and Reestimation

    Science.gov (United States)

    2014-01-01

    Summary Motivated by the problem of construction gene co-expression network, we propose a statistical framework for estimating high-dimensional partial correlation matrix by a three-step approach. We first obtain a penalized estimate of a partial correlation matrix using ridge penalty. Next we select the non-zero entries of the partial correlation matrix by hypothesis testing. Finally we reestimate the partial correlation coefficients at these non-zero entries. In the second step, the null distribution of the test statistics derived from penalized partial correlation estimates has not been established. We address this challenge by estimating the null distribution from the empirical distribution of the test statistics of all the penalized partial correlation estimates. Extensive simulation studies demonstrate the good performance of our method. Application on a yeast cell cycle gene expression data shows that our method delivers better predictions of the protein-protein interactions than the Graphic Lasso. PMID:24845967

  10. The Study on the Penalty Function of the Insurance Company When the Stock Price Follows Exponential Lévy Process

    Science.gov (United States)

    Wu, Zhao; Ding-Cheng, Wang; Yong, Zeng

    This paper investigates the penalty function under the condition that the insurance company is allowed to invest certain amount of money in some stock market and the remaining reserve in the bond with constant interest force. Through the properties of exponential Lévy process and discrete embedded method, the integral equations for penalty function is derived under the assumption that the stock price follows exponential Lévy process. The method for explicitly computing the ruin quantities is obtained.

  11. Interior penalty discontinuous Galerkin method for coupled elasto-acoustic media

    OpenAIRE

    Dudouit , Yohann; Giraud , Luc; Millot , Florence; Pernet , Sébastien

    2016-01-01

    We introduce a high order interior penalty discontinuous Galerkin scheme for the nu- merical solution of wave propagation in coupled elasto-acoustic media. A displacement formulation is used, which allows for the solution of the acoustic and elastic wave equations within the same framework. Weakly imposing the correct transmission condition is achieved by the derivation of adapted numerical fluxes. This generalization does not weaken the discontinuous Galerkin method, thus hp-non-conforming m...

  12. 45 CFR 305.33 - Determination of applicable percentages based on performance levels.

    Science.gov (United States)

    2010-10-01

    ..., DEPARTMENT OF HEALTH AND HUMAN SERVICES PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES § 305.33 Determination of applicable percentages based on performance levels. (a) A State's... performance levels. 305.33 Section 305.33 Public Welfare Regulations Relating to Public Welfare OFFICE OF...

  13. A Priority Rule-Based Heuristic for Resource Investment Project Scheduling Problem with Discounted Cash Flows and Tardiness Penalties

    Directory of Open Access Journals (Sweden)

    Amir Abbas Najafi

    2009-01-01

    Full Text Available Resource investment problem with discounted cash flows (RIPDCFs is a class of project scheduling problem. In RIPDCF, the availability levels of the resources are considered decision variables, and the goal is to find a schedule such that the net present value of the project cash flows optimizes. In this paper, we consider a new RIPDCF in which tardiness of project is permitted with defined penalty. We mathematically formulated the problem and developed a heuristic method to solve it. The results of the performance analysis of the proposed method show an effective solution approach to the problem.

  14. Optimal trace inequality constants for interior penalty discontinuous Galerkin discretisations of elliptic operators using arbitrary elements with non-constant Jacobians

    Science.gov (United States)

    Owens, A. R.; Kópházi, J.; Eaton, M. D.

    2017-12-01

    In this paper, a new method to numerically calculate the trace inequality constants, which arise in the calculation of penalty parameters for interior penalty discretisations of elliptic operators, is presented. These constants are provably optimal for the inequality of interest. As their calculation is based on the solution of a generalised eigenvalue problem involving the volumetric and face stiffness matrices, the method is applicable to any element type for which these matrices can be calculated, including standard finite elements and the non-uniform rational B-splines of isogeometric analysis. In particular, the presented method does not require the Jacobian of the element to be constant, and so can be applied to a much wider variety of element shapes than are currently available in the literature. Numerical results are presented for a variety of finite element and isogeometric cases. When the Jacobian is constant, it is demonstrated that the new method produces lower penalty parameters than existing methods in the literature in all cases, which translates directly into savings in the solution time of the resulting linear system. When the Jacobian is not constant, it is shown that the naive application of existing approaches can result in penalty parameters that do not guarantee coercivity of the bilinear form, and by extension, the stability of the solution. The method of manufactured solutions is applied to a model reaction-diffusion equation with a range of parameters, and it is found that using penalty parameters based on the new trace inequality constants result in better conditioned linear systems, which can be solved approximately 11% faster than those produced by the methods from the literature.

  15. Towards the global abolition of the death penalty: the criminal law in ...

    African Journals Online (AJOL)

    This article begins with a short history of the punishment of death and highlights the methods by which it is carried out. It then discusses the death penalty from a global perspective with emphasis on Nigeria and the United States of America, and considers recent trends towards its abolition. The international and national ...

  16. Reduction of interferometric crosstalk induced penalty using a saturated semiconductor optical amplifier

    DEFF Research Database (Denmark)

    Liu, Fenghai; Zheng, Xueyan; Poulsen, Henrik Nørskov

    2000-01-01

    We successfully demonstrated that a simple saturated SOA could be used to reduce the impact from the interferometric crosstalk at 2.5 and 10 Gb/s. It is shown that 4 dB more crosstalk power can be tolerated at 1 dB penalty by using the SOA. This will greatly reduce the crosstalk requirement...

  17. Auction-Based Cloud Service Pricing and Penalty with Availability on Demand

    Directory of Open Access Journals (Sweden)

    Xiaohong Wu

    2018-04-01

    Full Text Available Availability is one of the main concerns of cloud users, and cloud providers always try to provide higher availability to improve user satisfaction. However, higher availability results in higher provider costs and lower social welfare. In this paper, taking into account both the users’ valuation and desired availability, we design resource allocation, pricing and penalty mechanisms with availability on demand. Considering two scenarios: public availability in which the desired availabilities of all users are public information, and private availability in which the desired availabilities are private information of users, and, analyzing the possible behaviours of users, we design a truthful deterministic mechanism with 2-approximation in public availability scenario and a universal truthful mechanism with 1 1 + γ approximation in private availability scenario, where γ is the backup ratio of resources with the highest availability. The experiment results show that our mechanisms significantly improve the social welfare compared to the mechanism without considering availability demand of users.

  18. A model for scheduling projects under the condition of inflation and under penalty and reward arrangements

    Directory of Open Access Journals (Sweden)

    J.K. Jolayemi

    2014-01-01

    Full Text Available A zero-one mixed integer linear programming model is developed for the scheduling of projects under the condition of inflation and under penalty and reward arrangements. The effects of inflation on time-cost trade-off curves are illustrated and a modified approach to time-cost trade-off analysis presented. Numerical examples are given to illustrate the model and its properties. The examples show that misleading schedules and inaccurate project-cost estimates will be produced if the inflation factor is neglected in an environment of high inflation. They also show that award of penalty or bonus is a catalyst for early completion of a project, just as it can be expected.

  19. Penalties for Peer Sexual Harassment in an Academic Context: The Influence of Harasser Gender, Participant Gender, Severity of Harassment, and the Presence of Bystanders.

    Science.gov (United States)

    Cummings, Kimberly M.; Armenta, Madeline

    2002-01-01

    Examined the impact of harasser gender, participant gender, and presence of bystanders on perceptions of penalty appropriateness for peer sexual harassment in college. Students responded to descriptions of potential sexual harassment between one college student and another and described the appropriate penalty. Participants were more likely to…

  20. 19 CFR 162.65 - Penalties for failure to manifest narcotic drugs or marihuana.

    Science.gov (United States)

    2010-04-01

    ... or marihuana. 162.65 Section 162.65 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF... Substances, Narcotics, and Marihuana § 162.65 Penalties for failure to manifest narcotic drugs or marihuana. (a) Cargo or baggage containing unmanifested narcotic drugs or marihuana. When a package of regular...

  1. 42 CFR 423.756 - Procedures for imposing intermediate sanctions and civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... BENEFIT Intermediate Sanctions § 423.756 Procedures for imposing intermediate sanctions and civil money... civil money penalties. 423.756 Section 423.756 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... sanctions have been imposed, CMS may require a Part D plan sponsor to market or to accept enrollments or...

  2. Structured Sparse Principal Components Analysis With the TV-Elastic Net Penalty.

    Science.gov (United States)

    de Pierrefeu, Amicie; Lofstedt, Tommy; Hadj-Selem, Fouad; Dubois, Mathieu; Jardri, Renaud; Fovet, Thomas; Ciuciu, Philippe; Frouin, Vincent; Duchesnay, Edouard

    2018-02-01

    Principal component analysis (PCA) is an exploratory tool widely used in data analysis to uncover the dominant patterns of variability within a population. Despite its ability to represent a data set in a low-dimensional space, PCA's interpretability remains limited. Indeed, the components produced by PCA are often noisy or exhibit no visually meaningful patterns. Furthermore, the fact that the components are usually non-sparse may also impede interpretation, unless arbitrary thresholding is applied. However, in neuroimaging, it is essential to uncover clinically interpretable phenotypic markers that would account for the main variability in the brain images of a population. Recently, some alternatives to the standard PCA approach, such as sparse PCA (SPCA), have been proposed, their aim being to limit the density of the components. Nonetheless, sparsity alone does not entirely solve the interpretability problem in neuroimaging, since it may yield scattered and unstable components. We hypothesized that the incorporation of prior information regarding the structure of the data may lead to improved relevance and interpretability of brain patterns. We therefore present a simple extension of the popular PCA framework that adds structured sparsity penalties on the loading vectors in order to identify the few stable regions in the brain images that capture most of the variability. Such structured sparsity can be obtained by combining, e.g., and total variation (TV) penalties, where the TV regularization encodes information on the underlying structure of the data. This paper presents the structured SPCA (denoted SPCA-TV) optimization framework and its resolution. We demonstrate SPCA-TV's effectiveness and versatility on three different data sets. It can be applied to any kind of structured data, such as, e.g., -dimensional array images or meshes of cortical surfaces. The gains of SPCA-TV over unstructured approaches (such as SPCA and ElasticNet PCA) or structured approach

  3. 31 CFR 501.703 - Overview of civil penalty process and construction of rules.

    Science.gov (United States)

    2010-07-01

    ... process and construction of rules. (a) The administrative process for enforcing TWEA sanctions programs... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Overview of civil penalty process and construction of rules. 501.703 Section 501.703 Money and Finance: Treasury Regulations Relating to Money and...

  4. 45 CFR 150.317 - Factors CMS uses to determine the amount of penalty.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Factors CMS uses to determine the amount of... RELATING TO HEALTH CARE ACCESS CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS CMS Enforcement With Respect to Issuers and Non-Federal Governmental Plans-Civil Money Penalties § 150.317 Factors CMS...

  5. Analysis of the Properties of Current Penalty Schemes for Violations of Antitrust Law

    NARCIS (Netherlands)

    Motchenkova, E.; Kort, P.M.

    2004-01-01

    The main feature of the penalty schemes described in current sentencing guidelines is that the fine is based on the accumulated gains from cartel or price-fixing activities for the firm.These gains are usually difficult to estimate, but they can be approximated by a fraction of the turnover.The

  6. 76 FR 15105 - Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes

    Science.gov (United States)

    2011-03-18

    ... Services 42 CFR Part 488 [CMS-2435-F] Medicare and Medicaid Programs; Civil Money Penalties for Nursing... incentives for quality improvement, and to remove uncertainty for nursing homes, we proposed to set the... Vol. 76 Friday, No. 53 March 18, 2011 Part III Department of Health and Human Services Centers for...

  7. 40 CFR 86.1105-87 - Emission standards for which nonconformance penalties are available.

    Science.gov (United States)

    2010-07-01

    ... development component of the NCP in accordance with § 86.1113-87(h): 0.12. (ii) For petroleum-fueled medium... 40 Protection of Environment 19 2010-07-01 2010-07-01 false Emission standards for which nonconformance penalties are available. 86.1105-87 Section 86.1105-87 Protection of Environment ENVIRONMENTAL...

  8. The penalty: function and requirements

    Directory of Open Access Journals (Sweden)

    Iván Meini

    2013-12-01

    Full Text Available Legitimacy of criminal sanction is originated on its own purposes pursued in a state governed by the Rule of Law. That legitimacy should include the penalty as well as security measures, bearing in mind that both are imposed to someone breaking a rule of conduct, and therefore, someone capable to do it. Reviewing penal capacity or criminal liability concepts is required because if penal capacity means the capacity to understand the reality and adjust the behavior to it, and if every legitimate criminal sanction have to be imposed to someone who have the capacity of break it, then security measures also have to be imposed only to people responsible, capable to understand rules and act in accordance. With regard to people not subject to criminal liability they are standing outside Criminal Law and punish them would be illegitimate. In this line, criminal liability should be seen not only as a crime assumption but also as a basic statement for any dialogue the state shall have with the citizens: at the level of crime itself, proceedings and sentence execution .

  9. Reputational Penalties and the Merits of Class-Action Securities Litigation

    OpenAIRE

    Helland, Eric

    2006-01-01

    If private securities class actions alleging fraudulent behavior by officers or directors of a company are meritorious, directors and officers should pay a reputational penalty when they sit on a board of a company whose officers and directors are accused of fraud. I find little evidence of a negative effect associated with allegations of fraud. Using various definitions of board positions as a proxy for the reputation of directors who are accused of fraud, I find that the net number of board...

  10. The penalty points system in Ireland - Does it remain effective 14 years on?

    Science.gov (United States)

    Downey, C; Donnelly, M

    2017-05-23

    Road traffic accidents (RTAs) are the leading cause of trauma related mortality in Ireland. The penalty points system (PPS) was introduced in Ireland in 2002 to incentivise safer driving and reduce injury. Its early effect was studied previously 1 which concluded that there was a slight reduction in RTA related femoral shaft fractures (a sensitive indicator of high energy trauma) and a dramatic reduction in RTA related discharges. We hypothesized that over the following 14 years, the penalty points system might lose its effectiveness. Data was again collected from the same HIPE departments from six Dublin teaching hospitals and also University Hospital Waterford (to represent both an urban and a more rural population cohort respectively) examining RTA related femoral shaft fractures over an identical 6 month period (October-April). RTA related discharge data over an identical 6 month period was again acquired and analysed from Beaumont Hospital, Dublin (identical data source to previous study). These results were compared with the identical 6 month period in 2001/02 & 2002/03 (October-April). The total number of RTA related femoral shaft fracture discharges in Dublin decreased from 16 post introduction of PPS in the 2002/03 6-month period to 7 in 2015/16 6-month period. The number remained the same in the Waterford region (n = 5). The total RTA related discharges in Beaumont Hospital, Dublin decreased from 70 post PPS introduction to 57 in the 2015/16 6-month period. This represents an incidence rate of 4.5/1000 discharges (vs 6.9 post introduction) which was a statistically significant reduction (p = 0.014). The mean length of stay for these patients reduced from 13 to 7.7 days. There were consistent reductions in head injury (major & minor), lower limb fracture and facial fracture since the introduction of the PPS. The upper limb, pelvic/acetabular and thoracic injuries remained largely unchanged. Whilst RTA related spinal and abdominal injuries decreased

  11. The Motherhood Wage Penalty Revisited: Experience, Heterogeneity, Work Effort, and Work-Schedule Flexibility.

    Science.gov (United States)

    Anderson, Deborah J.; Binder, Melissa; Krause, Kate

    2003-01-01

    Controlling for human capital inputs and unobserved heterogeneity explained 55-57% of the wage gap between mothers and nonmothers. Mothers faced the highest wage penalty at return to work. High school graduates suffered more prolonged, severe losses than women with lower or higher attainment. Their jobs were less likely to offer flexibility needed…

  12. Gaze Behavior in a Natural Environment with a Task-Relevant Distractor: How the Presence of a Goalkeeper Distracts the Penalty Taker

    Directory of Open Access Journals (Sweden)

    Johannes Kurz

    2018-01-01

    Full Text Available Gaze behavior in natural scenes has been shown to be influenced not only by top–down factors such as task demands and action goals but also by bottom–up factors such as stimulus salience and scene context. Whereas gaze behavior in the context of static pictures emphasizes spatial accuracy, gazing in natural scenes seems to rely more on where to direct the gaze involving both anticipative components and an evaluation of ongoing actions. Not much is known about gaze behavior in far-aiming tasks in which multiple task-relevant targets and distractors compete for the allocation of visual attention via gaze. In the present study, we examined gaze behavior in the far-aiming task of taking a soccer penalty. This task contains a proximal target, the ball; a distal target, an empty location within the goal; and a salient distractor, the goalkeeper. Our aim was to investigate where participants direct their gaze in a natural environment with multiple potential fixation targets that differ in task relevance and salience. Results showed that the early phase of the run-up seems to be driven by both the salience of the stimulus setting and the need to perform a spatial calibration of the environment. The late run-up, in contrast, seems to be controlled by attentional demands of the task with penalty takers having habitualized a visual routine that is not disrupted by external influences (e.g., the goalkeeper. In addition, when trying to shoot a ball as accurately as possible, penalty takers directed their gaze toward the ball in order to achieve optimal foot-ball contact. These results indicate that whether gaze is driven by salience of the stimulus setting or by attentional demands depends on the phase of the actual task.

  13. The Relationship between Tax Rate, Penalty Rate, Tax Fairness and Excise Duty Non-compliance.

    Directory of Open Access Journals (Sweden)

    Sinnasamy Perabavathi

    2017-01-01

    Full Text Available The rise of indirect tax non-compliance by taxpayers became the main concern of most of the tax authorities around the globe. In Malaysia, non complaince such as smuggling and illegal trade activities by importers involving cigarettes, liquor and imported vehicles bound under Excise Act 1976 have caused revenue losses in monetary and non-monetary aspects. Therefore, the objective of this study is to examine the relationship of tax rate, penalty rate and tax fairness of excise duty non-compliance. This study uses the Deterrence Theory as a basis theory to investigate the phenomenon of excise duty non complaince. A total of 500 excise duty offenders throughout Malaysia responded to the survey. The model was empirically tested by using Partial Least Squares (PLS with disproportionate stratified random sampling technique. The results indicated that the perception of tax rate and penalty rate are positively related while tax fairness is negatively related to excise duty non-compliance among importers.

  14. Expert Testimony, "Regular People," and Public Values: Arguing Common Sense at a Death Penalty Trial.

    Science.gov (United States)

    Chappell, Virginia A.

    1995-01-01

    Presents a case study of a particular courtroom case dealing with the death penalty. Analyzes the processes and communications of the trial jury. Discusses the interplay of common-sense and expert claims at three crucial stages of the trial. (HB)

  15. Experimental study on condensation heat transfer enhancement and pressure drop penalty factors in four microfin tubes

    Energy Technology Data Exchange (ETDEWEB)

    Han, D [Korea University, Seoul (Korea). Institute of Advanced Machinery Design; Lee, Kyu-Jung [Korea University, Seoul (Korea). Dept. of Mechanical Engineering

    2005-08-01

    Heat transfer and pressure drop characteristics of four microfin tubes were experimentally investigated for condensation of refrigerants R134a, R22, and R410A in four different test sections. The microfin tubes examined during this study consisted of 8.92, 6.46, 5.1, and 4 mm maximum inside diameter. The effect of mass flux, vapor quality, and refrigerants on condensation was investigated in terms of the heat transfer enhancement factor and the pressure drop penalty factor. The pressure drop penalty factor and the heat transfer enhancement factor showed a similar tendency for each tube at given vapor quality and mass flux. Based on the experimental data and the heat-momentum analogy, correlations for the condensation heat transfer coefficients in an annular flow regime and the frictional pressure drops are proposed. (author)

  16. The Racial Divide in Support for the Death Penalty: Does White Racism Matter?

    Science.gov (United States)

    Unnever, James D.; Cullen, Francis T.

    2007-01-01

    Using data from the 2000 National Election Study, this research investigates the sources of the racial divide in support for capital punishment with a specific focus on white racism. After delineating a measure of white racism, we explore whether it can account for why a majority of African Americans oppose the death penalty while most whites…

  17. 29 CFR 1620.33 - Recovery of wages due; injunctions; penalties for willful violations.

    Science.gov (United States)

    2010-07-01

    ... OPPORTUNITY COMMISSION THE EQUAL PAY ACT § 1620.33 Recovery of wages due; injunctions; penalties for willful... paid to an employee to meet the equal pay standard, and of any wages that the employer should have paid an employee whose wages he reduced in violation of the Act in an attempt to equalize his or her pay...

  18. Birth spacing, human capital, and the motherhood penalty at midlife in the United States

    Directory of Open Access Journals (Sweden)

    Margaret Gough

    2017-08-01

    Full Text Available Background: Researchers have examined how first-birth timing is related to motherhood wage penalties, but research that examines birth spacing is lacking. Furthermore, little research has examined the persistence of penalties across the life course. Objective: The objective is to estimate the effects of birth spacing on midlife labor market outcomes and assess the extent to which these effects vary by education and age at first birth. Methods: I use data from the United States from the 1979-2010 waves of the National Longitudinal Survey of Youth 1979 and dynamic inverse probability of treatment weighting to estimate the effects of different birth intervals on mothers' midlife cumulative work hours, cumulative earnings, and hourly wages. I examine how education and age at first birth moderate these effects. Results: Women with birth intervals longer than two years but no longer than six years have the smallest penalties for cumulative outcomes; in models interacting the birth interval with age at first birth, postponement of a first birth to at least age 30 appears to be more important for cumulative outcomes than birth spacing. College-educated women benefit more from a longer birth interval than less educated women. Conclusions: Childbearing strategies that result in greater accumulation of human capital provide long-run labor market benefits to mothers, and results suggest that different birth-spacing patterns could play a small role in facilitating this accumulation, as theorized in past literature. Contribution: I contribute to the demographic literature by testing the theory that birth spacing matters for mothers' labor market outcomes and by assessing the effects at midlife rather than immediately following a birth.

  19. Indonesia's Death Penalty Execution From the Realist View of International Law

    OpenAIRE

    Azmi, Alia

    2015-01-01

    During the first half of 2015, Indonesia executed fourteen prisoners who had been convicted of smuggling drugs to and from Indonesia. Twelve of them were foreigners. This execution led to withdrawal of the ambassador of Brazil, Netherlands, and Australia, whose citizens are among those executed. Criticism came from around the world, and small number of Indonesians. Most critics cited human rights abuse; and death penalty is against international law. However, the lack of further explanation c...

  20. Partial correlation matrix estimation using ridge penalty followed by thresholding and re-estimation.

    Science.gov (United States)

    Ha, Min Jin; Sun, Wei

    2014-09-01

    Motivated by the problem of construction of gene co-expression network, we propose a statistical framework for estimating high-dimensional partial correlation matrix by a three-step approach. We first obtain a penalized estimate of a partial correlation matrix using ridge penalty. Next we select the non-zero entries of the partial correlation matrix by hypothesis testing. Finally we re-estimate the partial correlation coefficients at these non-zero entries. In the second step, the null distribution of the test statistics derived from penalized partial correlation estimates has not been established. We address this challenge by estimating the null distribution from the empirical distribution of the test statistics of all the penalized partial correlation estimates. Extensive simulation studies demonstrate the good performance of our method. Application on a yeast cell cycle gene expression data shows that our method delivers better predictions of the protein-protein interactions than the Graphic Lasso. © 2014, The International Biometric Society.

  1. Relación entre eficacia, lateralidad y zona de lanzamiento del penalti en función del nivel de competición en fútbol. (Relationship between efficacy, laterality of foot strike, and shot zone of the penalty in relation to competition level in soccer.

    Directory of Open Access Journals (Sweden)

    Manuel López-Montero

    2010-04-01

    Full Text Available ResumenEl objetivo del presente trabajo fue conocer cómo varía la lateralidad, la zona de lanzamiento y la eficacia del penalti en lanzadores especialistas profesionales de fútbol en función del nivel de la competición. La muestra estudiada fue de 642 penaltis de competiciones profesionales españolas de 1ª División, 2ª División A, y 2ª División B de las temporadas 2004/2005, 2005/2006 y 2006/2007. Se realizó un diseño de investigación descriptivo correlacional intra e intergrupo. Las variables objeto de estudio fueron: resultado del lanzamiento (gol, parado, poste, y fuera, lateralidad del lanzador, zona de destino, y nivel de competición (1ª División, 2ª División A, y 2ª División B. Se realizó un análisis de los datos descriptivo e inferencial (Test de Chi-cuadrado y tablas de contingencia. A partir de los resultados obtenidos se pueden extraer las siguientes conclusiones: los lanzadores de penalti analizados obtienen gol en siete de cada 10 lanzamientos. Los diestros tienden a lanzar a la derecha del portero, y los zurdos a la izquierda del portero. Tanto diestros como zurdos son más efectivos lanzando a la derecha del portero. Los lanzamientos dirigidos a las zonas altas presentan un 10% mayor de eficacia que los lanzamientos dirigidos a las zonas bajas. Ninguno de los lanzamientos dirigidos a las zonas altas de la portería fue parado por el portero. A menor nivel de la competición, menos lanzamientos a las zonas altas.AbstractThe purpose of this paper was to study the relationship between competition level, laterality of foot strike, and shot zone on penalty efficacy in professional penalty-taking specialist football players. A total of 642 penalty shots from the Spanish professional divisions (first, second, and third levels of competition in the 2004-2005, 2005-2006 and 2006-2007 seasons were analyzed. A descriptive and correlational intra- and inter-group study design was used. The variables studied were: shot

  2. 26 CFR 1.6709-1T - Penalties with respect to mortgage credit certificates (temporary).

    Science.gov (United States)

    2010-04-01

    ... THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax, Additional Amounts... affidavit or other statement under a penalty of perjury made with respect to the issuance of a mortgage credit certificate and such misstatement is due to the negligence of that person, that person shall pay a...

  3. Performance monitoring and error significance in patients with obsessive-compulsive disorder.

    Science.gov (United States)

    Endrass, Tanja; Schuermann, Beate; Kaufmann, Christan; Spielberg, Rüdiger; Kniesche, Rainer; Kathmann, Norbert

    2010-05-01

    Performance monitoring has been consistently found to be overactive in obsessive-compulsive disorder (OCD). The present study examines whether performance monitoring in OCD is adjusted with error significance. Therefore, errors in a flanker task were followed by neutral (standard condition) or punishment feedbacks (punishment condition). In the standard condition patients had significantly larger error-related negativity (ERN) and correct-related negativity (CRN) ampliudes than controls. But, in the punishment condition groups did not differ in ERN and CRN amplitudes. While healthy controls showed an amplitude enhancement between standard and punishment condition, OCD patients showed no variation. In contrast, group differences were not found for the error positivity (Pe): both groups had larger Pe amplitudes in the punishment condition. Results confirm earlier findings of overactive error monitoring in OCD. The absence of a variation with error significance might indicate that OCD patients are unable to down-regulate their monitoring activity according to external requirements. Copyright 2010 Elsevier B.V. All rights reserved.

  4. 17 CFR Table II to Subpart E of... - Civil Monetary Penalty Inflation Adjustments

    Science.gov (United States)

    2010-04-01

    ... adjustment Adjusted maximum penalty amount Securities and Exchange Commission: 15 USC 77t(d) For natural... 1996 550,000 600,000 15 USC 78ff(b) Exchange Act/failure to file information documents, reports 1996 110 110 15 USC 78ff(c)(1)(B) Foreign Corrupt Practices—any issuer 1996 11,000 11,000 15 USC 78ff(c)(2...

  5. 17 CFR Table 1 to Subpart E of... - Civil Monetary Penalty Inflation Adjustments

    Science.gov (United States)

    2010-04-01

    ... amount Adjusted maximum penalty amount SECURITIES AND EXCHANGE COMMISSION: 15 USC 77t(d) FOR NATURAL... 1990 500,000 550,000 15 USC 78ff(b) EXCHANGE ACT/FAILURE TO FILE INFORMATION DOCUMENTS, REPORTS 1936 100 110 15 USC 78ff(c)(1)(B) FOREIGN CORRUPT PRACTICES—ANY ISSUER 1988 10,000 11,000 15 USC 78ff(c)(2...

  6. Human prosaccades and antisaccades under risk: effects of penalties and rewards on visual selection and the value of actions.

    Science.gov (United States)

    Ross, M; Lanyon, L J; Viswanathan, J; Manoach, D S; Barton, J J S

    2011-11-24

    Monkey studies report greater activity in the lateral intraparietal area and more efficient saccades when targets coincide with the location of prior reward cues, even when cue location does not indicate which responses will be rewarded. This suggests that reward can modulate spatial attention and visual selection independent of the "action value" of the motor response. Our goal was first to determine whether reward modulated visual selection similarly in humans, and next, to discover whether reward and penalty differed in effect, if cue effects were greater for cognitively demanding antisaccades, and if financial consequences that were contingent on stimulus location had spatially selective effects. We found that motivational cues reduced all latencies, more for reward than penalty. There was an "inhibition-of-return"-like effect at the location of the cue, but unlike the results in monkeys, cue valence did not modify this effect in prosaccades, and the inhibition-of-return effect was slightly increased rather than decreased in antisaccades. When financial consequences were contingent on target location, locations without reward or penalty consequences lost the benefits seen in noncontingent trials, whereas locations with consequences maintained their gains. We conclude that unlike monkeys, humans show reward effects not on visual selection but on the value of actions. The human saccadic system has both the capacity to enhance responses to multiple locations simultaneously, and the flexibility to focus motivational enhancement only on locations with financial consequences. Reward is more effective than penalty, and both interact with the additional attentional demands of the antisaccade task. Copyright © 2011 IBRO. Published by Elsevier Ltd. All rights reserved.

  7. Image Segmentation Based on Constrained Spectral Variance Difference and Edge Penalty

    Directory of Open Access Journals (Sweden)

    Bo Chen

    2015-05-01

    Full Text Available Segmentation, which is usually the first step in object-based image analysis (OBIA, greatly influences the quality of final OBIA results. In many existing multi-scale segmentation algorithms, a common problem is that under-segmentation and over-segmentation always coexist at any scale. To address this issue, we propose a new method that integrates the newly developed constrained spectral variance difference (CSVD and the edge penalty (EP. First, initial segments are produced by a fast scan. Second, the generated segments are merged via a global mutual best-fitting strategy using the CSVD and EP as merging criteria. Finally, very small objects are merged with their nearest neighbors to eliminate the remaining noise. A series of experiments based on three sets of remote sensing images, each with different spatial resolutions, were conducted to evaluate the effectiveness of the proposed method. Both visual and quantitative assessments were performed, and the results show that large objects were better preserved as integral entities while small objects were also still effectively delineated. The results were also found to be superior to those from eCongnition’s multi-scale segmentation.

  8. An econometric analysis of the effects of the penalty points system driver's license in Spain.

    Science.gov (United States)

    Castillo-Manzano, José I; Castro-Nuño, Mercedes; Pedregal, Diego J

    2010-07-01

    This article seeks to quantify the effects of the penalty points system driver's license during the 18-month period following its coming into force. This is achieved by means of univariate and multivariate unobserved component models set up in a state space framework estimated using maximum likelihood. A detailed intervention analysis is carried out in order to test for the effects and their duration of the introduction of the penalty points system driver's license in Spain. Other variables, mainly indicators of the level of economic activity in Spain, are also considered. Among the main effects, we can mention an average reduction of almost 12.6% in the number of deaths in highway accidents. It would take at least 2 years for that effect to disappear. For the rest of the safety indicator variables (vehicle occupants injured in highway accidents and vehicle occupants injured in accidents built-up areas) the effects disappeared 1 year after the law coming into force. Copyright 2010 Elsevier Ltd. All rights reserved.

  9. Societal threat, authoritarianism, conservatism, and U.S. state death penalty sentencing (1977-2004).

    Science.gov (United States)

    McCann, Stewart J H

    2008-05-01

    On the basis of K. Stenner's (2005) authoritarian dynamic theory, it was hypothesized that the number of death sentences and executions would be higher in more threatened conservative states than in less threatened conservative states, and would be lower in more threatened liberal states than in less threatened liberal states. Threat was based on state homicide rate, violent crime rate, and non-White percentage of population. Conservatism was based on state voter ideological identification, Democratic and Republican Party elite liberalism-conservatism, policy liberalism-conservatism, religious fundamentalism, degree of economic freedom, and 2004 presidential election results. For 1977-2004, with controls for state population and years with a death penalty provision, the interactive hypothesis received consistent support using the state conservatism composite and voter ideological identification alone. As well, state conservatism was related to death penalties and executions, but state threat was not. The temporal stability of the findings was demonstrated with a split-half internal replication using the periods 1977-1990 and 1991-2004. The interactive hypothesis and the results also are discussed in the context of other threat-authoritarianism theories and terror management theory. (c) 2008 APA, all rights reserved

  10. Path Planning for Mobile Objects in Four-Dimension Based on Particle Swarm Optimization Method with Penalty Function

    Directory of Open Access Journals (Sweden)

    Yong Ma

    2013-01-01

    Full Text Available We present one algorithm based on particle swarm optimization (PSO with penalty function to determine the conflict-free path for mobile objects in four-dimension (three spatial and one-time dimensions with obstacles. The shortest path of the mobile object is set as goal function, which is constrained by conflict-free criterion, path smoothness, and velocity and acceleration requirements. This problem is formulated as a calculus of variation problem (CVP. With parametrization method, the CVP is converted to a time-varying nonlinear programming problem (TNLPP. Constraints of TNLPP are transformed to general TNLPP without any constraints through penalty functions. Then, by using a little calculations and applying the algorithm PSO, the solution of the CVP is consequently obtained. Approach efficiency is confirmed by numerical examples.

  11. High-Performance Analysis of Filtered Semantic Graphs

    Science.gov (United States)

    2012-05-06

    any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a...observation that explains why SEJITS+KDT performance is so close to CombBLAS performance in practice (as shown later in Section 7) even though its in-core...NEC, Nokia , NVIDIA, Oracle, and Samsung. This research used resources of the National Energy Research Sci- entific Computing Center, which is

  12. Understanding Death Penalty Support and Opposition Among Criminal Justice and Law Enforcement Students

    Directory of Open Access Journals (Sweden)

    Raj Sethuraju

    2016-01-01

    Full Text Available Although a sizable number of studies have gathered information from college students regarding their varying degrees of support for capital punishment, few have explored the underlying rationales behind these students’ death penalty support or opposition. In addition, although criminal justice majors have frequently been used as study participants, little research has sought to explore if law enforcement majors are different in manners for supporting or opposing capital punishment than other criminal justice majors. In the current study, a survey designed to measure reasons for support or opposition to capital punishment was administered to a convenience sample of 135 criminal justice and law enforcement majors at a mid-size Midwestern university. The results indicated that law enforcement majors were not significantly different from criminal justice majors on measures of support or opposition to capital punishment. There were, however, some notable differences found related to the academic standing of the students.

  13. 29 CFR 578.3 - What types of violations may result in a penalty being assessed?

    Science.gov (United States)

    2010-07-01

    ... assessed? 578.3 Section 578.3 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS MINIMUM WAGE AND OVERTIME VIOLATIONS-CIVIL MONEY PENALTIES § 578.3 What types... be assessed against any person who repeatedly or willfully violates section 6 (minimum wage) or...

  14. Reconstruction of methods of execution of the death penalty by shooting in the years 1949-1954 based on exhumation research of "prison fields" in Osobowicki Cemetery in Wroclaw. Part I--Historical outline and results of research conducted prior to exhumations performed in 2011.

    Science.gov (United States)

    Szleszkowski, Łukasz

    2012-01-01

    In the period between October and December 2011, a series of exhumation research of the so-called prison quarters dating back to 1949-1954 was conducted in Osobowicki Cemetery in Wrocław. Among the buried there were political prisoners executed by shooting--genuine or alleged members of post-war independence organizations. It was a unique opportunity to determine the method of execution of the death penalty in that period because, according to historical data and the results of two test exhumations, this method considerably differed from instructions on the use of a firing squad during execution of the death penalty.

  15. A Story Telling of Tragedy: Mental Illness, Molestation, Suicide, and the Penalty of Death

    Science.gov (United States)

    Forsyth, Craig J.; Forsyth, Ouida F.

    2007-01-01

    This paper describes the experience of mitigation experts in first degree murder cases in the penalty phase of the trial. The first author, who is a sociologist, has worked in capital murder cases since 1988, as a mitigation expert in over 200 such cases. The second author assists in the mitigation process by analyzing mental health and…

  16. 76 FR 38294 - Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Civil Penalties

    Science.gov (United States)

    2011-06-30

    ... affect in a material way the economy, productivity, competition, jobs, the environment, public health or... DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management, Regulation and Enforcement 30 CFR... Outer Continental Shelf--Civil Penalties AGENCY: Bureau of Ocean Energy Management, Regulation and...

  17. Universalization of electric power service: revision of targets and penalties; Universalizacao dos servico de energia eletrica: metas estabelecidas e a revisao das penalidades

    Energy Technology Data Exchange (ETDEWEB)

    Costa, Cleber Ribeiro da Silva [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Rio de Janeiro, RJ (Brazil); Pereira, Osvaldo Livio Soliano [Universidade Salvador (UNIFAC), BA (Brazil); Lyra Junior, Renato de Almeida [Centro Universitario Jorge Amado (UNIJORGE), Salvador, BA (Brazil)

    2010-07-01

    The electric universalization service through the Light for All Program and the targets set by ANEEL needs instruments of improvement for the purpose of universalization. The present work has therefore aims to evaluate the goals of universalization of electricity established by ANEEL, and the review of these under the program 'Luz para todos' and discuss the penalties for non-compliance. The work was based on studies related to the composition of the 'Luz para todos', ANEEL's standards governing this sector, bibliographic and documentary. Was used data from the goals COELBA's universalization, as a case study to evaluate the 'Plano de Universalizacao de Energia Eletrica' the concessionaire with the results. Was established the need for better regulation of the penalties provided by law, distinguishing between the types of administrative sanctions, that make up the fines, penalties awarded specifically to combat the diversion goals of universalization. (author)

  18. Reassessing the Wage Penalty for Temps in Germany

    DEFF Research Database (Denmark)

    Jahn, Elke

    As a consequence of the rapid growth of temporary agency employment in Germany, the debate on the poor working conditions of temps, specifically their remuneration, has intensified recently. Using administrative data, the paper shows that the wage gap for German temp workers is rather large...... and varies between occupation and region. But temps already suffer from a marked wage decline before entering the temporary help sector. Nevertheless, temporary agency employment does not leave a long lasting scar. Two years after leaving the sector, temps no longer suffer from a wage penalty. A recent...... change in the law set a high incentive for temporary help agencies to pay their workers according to a sectoral collective agreement. Surprisingly, the unionization of the sector could not bring the widening wage gap to a halt....

  19. The Death Penalty in the United States of America

    Directory of Open Access Journals (Sweden)

    Catalina Miron Popa

    2010-06-01

    Full Text Available The death penalty dramatically signifies that society does not excuse or condone the taking of innocent lives. It symbolizes the value of the innocent victim. Incapacity can be imposed by long terms ofimprisonment, particularly for habitual offenders; the policy of "keeping criminals off the streets" does indeed protect the public for a period of time, although it is done at a considerable cost. The object of deterrence is to make the certainty and severity of punishment so great as to inhibit potential criminals from committingcrimes. The best available estimates of the certainty of punishment for serious crime suggest that very few crimes actually result in jail sentences for the perpetrators.

  20. SC-HTGR Performance Impact for Arid Sites

    International Nuclear Information System (INIS)

    Lommers, L.; Geschwindt, J.; Southworth, F.; Shahrokhi, F.

    2014-01-01

    The SC-HTGR provides high temperature steam which can support industrial process heat applications as well as high efficiency electricity generation. The increased generating efficiency resulting from using high steam temperature provides greater plant output than lower temperature concepts, and it also reduces the fraction of waste heat which must be rejected. This capability is particularly attractive for sites with little or no water for heat rejection. This high temperature capability provides greater flexibility for these sites, and it results in a smaller performance penalty than for lower temperature systems when dry cooling must be used. The performance of the SC-HTGR for a conventional site with wet cooling is discussed first. Then the performance for arid sites is evaluated. Dry cooling performance is evaluated for both moderately arid sites and very hot sites. Offdesign performance of the dry cooling system under extreme conditions is also considered. Finally, operating strategies are explored for sites where some cooling water may be available but only in very limited quantities. Results of these assessments confirm that the higher operating temperatures of the SC-HTGR are very beneficial for arid sites, providing significant advantages for both gross and net power generation. (author)

  1. Key team physical and technical performance indicators indicative of team quality in the soccer Chinese super league.

    Science.gov (United States)

    Yang, Gai; Leicht, Anthony S; Lago, Carlos; Gómez, Miguel-Ángel

    2018-01-01

    The aim of this study was to identify the key physical and technical performance variables related to team quality in the Chinese Super League (CSL). Teams' performance variables were collected from 240 matches and analysed via analysis of variance between end-of-season-ranked groups and multinomial logistic regression. Significant physical performance differences between groups were identified for sprinting (top-ranked group vs. upper-middle-ranked group) and total distance covered without possession (upper and upper-middle-ranked groups and lower-ranked group). For technical performance, teams in the top-ranked group exhibited a significantly greater amount of possession in opponent's half, number of entry passes in the final 1/3 of the field and the Penalty Area, and 50-50 challenges than lower-ranked teams. Finally, time of possession increased the probability of a win compared with a draw. The current study identified key performance indicators that differentiated end-season team quality within the CSL.

  2. Performance evaluation recommendations of nuclear power plants outdoor significant civil structures earthquake resistance. Performance evaluation examples

    International Nuclear Information System (INIS)

    2005-06-01

    The Japan Society of Civil Engineers has updated performance evaluation recommendations of nuclear power plants outdoor significant civil structures earthquake resistance in June 2005. Based on experimental and analytical considerations, analytical seismic models of soils for underground structures, effects of vertical motions on time-history dynamic analysis and shear fracture of reinforced concretes by cyclic loadings have been incorporated in new recommendations. This document shows outdoor civil structures earthquake resistance and endurance performance evaluation examples based on revised recommendations. (T. Tanaka)

  3. Enhancement of heat transfer. The performance of micro-fin tubes

    International Nuclear Information System (INIS)

    Muzzio, A.

    2001-01-01

    Micro-fin tubes are characterised by numerous, very small integral fins that spiral down the inner surface. A very interesting feature of their performance in flow boiling and condensation is a large heat transfer enhancement accompanied by a low pressure drop penalty. This paper presents a general overview of micro-fin tubes and of their performance in evaporation, condensation and single-phase flow [it

  4. Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile Death Penalty

    Science.gov (United States)

    Steinberg, Laurence; Scott, Elizabeth S.

    2003-01-01

    The authors use a developmental perspective to examine questions about the criminal culpability of juveniles and the juvenile death penalty. Under principles of criminal law, culpability is mitigated when the actor's decision-making capacity is diminished, when the criminal act was coerced, or when the act was out of character. The authors argue…

  5. Structured Discretion, Racial Bias, and the Death Penalty: The First Decade after "Furman" in Texas.

    Science.gov (United States)

    Ekland-Olson, Sheldon

    1988-01-01

    Analyzes data collected in Texas from the first decade of cases sentenced to death after the Furman v. Georgia decision in order to determine any tendency toward being race-linked or victim-based. Found that cases involving White victims more often precipitate the death penalty than those involving Black or Hispanic victims. (KO)

  6. Proposal of the penalty factor equations considering weld strength over-match

    International Nuclear Information System (INIS)

    Kim, Jong Sung; Jeong, Jae Wook; Lee, Kang Yong

    2017-01-01

    This paper proposes penalty factor equations that take into consideration the weld strength over-match given in the classified form similar to the revised equations presented in the Code Case N-779 via cyclic elastic-plastic finite element analysis. It was found that the Ke analysis data reflecting elastic follow-up can be consolidated by normalizing the primary-plus-secondary stress intensity ranges excluding the nonlinear thermal stress intensity component, S_n to over-match degree of yield strength, M_F. For the effect of over-match on K_n × K_v_"1, dispersion of the Kn × K_v analysis data can be sharply reduced by dividing total stress intensity range, excluding local thermal stresses, S_p_-_l_t by M_F. Finally, the proposed equations were applied to the weld between the safe end and the piping of a pressurizer surge nozzle in pressurized water reactors in order to calculate a cumulative usage factor. The cumulative usage factor was then compared with those derived by the previous K_e factor equations. The result shows that application of the proposed equations can significantly reduce conservatism of fatigue assessment using the previous K_e factor equations

  7. Proposal of the Penalty Factor Equations Considering Weld Strength Over-Match

    Directory of Open Access Journals (Sweden)

    Jong-Sung Kim

    2017-06-01

    Full Text Available This paper proposes penalty factor equations that take into consideration the weld strength over-match given in the classified form similar to the revised equations presented in the Code Case N-779 via cyclic elastic-plastic finite element analysis. It was found that the Ke analysis data reflecting elastic follow-up can be consolidated by normalizing the primary-plus-secondary stress intensity ranges excluding the nonlinear thermal stress intensity component, Sn to over-match degree of yield strength, MF. For the effect of over-match on Kn × Κν, dispersion of the Kn × Κν analysis data can be sharply reduced by dividing total stress intensity range, excluding local thermal stresses, Sp-lt by MF. Finally, the proposed equations were applied to the weld between the safe end and the piping of a pressurizer surge nozzle in pressurized water reactors in order to calculate a cumulative usage factor. The cumulative usage factor was then compared with those derived by the previous Ke factor equations. The result shows that application of the proposed equations can significantly reduce conservatism of fatigue assessment using the previous Ke factor equations.

  8. Beyond urban penalty and urban sprawl: back to living conditions as the focus of urban health.

    Science.gov (United States)

    Freudenberg, Nicholas; Galea, Sandro; Vlahov, David

    2005-02-01

    Researchers have long studied urban health, both to describe the consequences of urban living and to design interventions to promote the health of people living in cities. Two approaches to understanding the impact of cities on health have been dominant, namely, urban health penalty and urban sprawl. The urban penalty approach posits that cities concentrate poor people and expose them to unhealthy physical and social environments. Urban sprawl focuses on the adverse health and environmental effects of urban growth into outlying areas. We propose a model that integrates these approaches and emphasizes urban living conditions as the primary determinant of health. The aim of the model is to move beyond describing the health-related characteristics of various urban populations towards identifying opportunities for intervention. Such a shift in framework enables meaningful comparisons that can inform public health activities at the appropriate level and evaluate their effectiveness in improving the health of urban populations. The model is illustrated with two examples from current urban public health practice.

  9. Association between increase in fixed penalties and road safety outcomes: A meta-analysis.

    Science.gov (United States)

    Elvik, Rune

    2016-07-01

    Studies that have evaluated the association between increases in traffic fine amounts (fixed penalties) and changes in compliance with road traffic law or the number of accidents are synthesised by means of meta-analysis. The studies were few and different in many respects. Nine studies were included in the meta-analysis of changes in compliance. Four studies were included in the meta-analysis of changes in accidents. Increasing traffic fines was found to be associated with small changes in the rate of violations. The changes were non-linear. For increases up to about 100%, violations were reduced. For larger increases, no reduction in violations was found. A small reduction in fatal accidents was associated with increased fixed penalties, varying between studies from less than 1-12%. The main pattern of changes in violations was similar in the fixed-effects and random-effects models of meta-analysis, meta-regression and when simple (non-weighted) mean values were computed. The main findings are thus robust, although most of the primary studies did not control very well for potentially confounding factors. Summary estimates of changes in violations or accidents should be treated as provisional and do not necessarily reflect causal relationships. Copyright © 2016 Elsevier Ltd. All rights reserved.

  10. 49 CFR 385.14 - Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition...

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Motor carriers, brokers, and freight forwarders....14 Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition... commerce under 49 CFR 386.83. (b) A broker, freight forwarder, or for-hire motor carrier that has failed to...

  11. A Unified View of Exact Continuous Penalties for l2-l0 Minimization

    OpenAIRE

    Soubies , Emmanuel; Blanc-Féraud , Laure; Aubert , Gilles

    2017-01-01

    International audience; Numerous nonconvex continuous penalties have been proposed to approach the l0 pseudo-norm for optimization purpose. Apart from the theoretical results for convex l1 relaxation under restrictive hypothesis, only few works have been devoted to analyze the consistency, in terms of minimizers, between the l0-regularized least square functional and relaxed ones using continuous approximations. In this context, two questions are of fundamental importance: does relaxed functi...

  12. The Real World Significance of Performance Prediction

    Science.gov (United States)

    Pardos, Zachary A.; Wang, Qing Yang; Trivedi, Shubhendu

    2012-01-01

    In recent years, the educational data mining and user modeling communities have been aggressively introducing models for predicting student performance on external measures such as standardized tests as well as within-tutor performance. While these models have brought statistically reliable improvement to performance prediction, the real world…

  13. Death penalty support for special offender populations of legally convicted murderers: juveniles, the mentally retarded, and the mentally incompetent.

    Science.gov (United States)

    Boots, Denise Paquette; Heide, Kathleen M; Cochran, John K

    2004-01-01

    The U.S. Supreme Court recently re-examined the constitutionality of the death penalty in the context of two of three special offender populations of murderers (juveniles, mentally retarded, and mentally incompetent). The Court reaffirmed the imposition of the death penalty for juveniles 16 and 17, while reversing itself on the mentally retarded. In reaching its decision, the Court relied on society's "evolving standards of decency." Using Likert-type items, this study is the first to have prospective jurors assess support for the death penalty for these specific offender groups. The public's support for the execution of each of the groups is then compared with existing case law. Descriptive statistics and regression analyses indicate that, as expected, the levels of support for the applicability of capital punishment to the various special offender populations are much lower than that for the general adult offender. Moreover, these findings are congruent with the holdings of the Court with one notable exception: a slight majority of respondents supported executing the mentally incompetent. Reasons for the public's apparent departure from the Supreme Court holding prohibiting the execution of mentally incompetent convicted murderers are discussed. The Court's continued role in protecting marginalized populations from "cruel and unusual punishment" is explored in the context of strong public sentiment demanding justice and finality despite changes in offenders' mental capacity. Copyright 2003 John Wiley & Sons, Ltd.

  14. Concepções de adolescentes de dois contextos sociais sobre a pena de morte Adolescents' conceptions on death penalty from two social contexts

    Directory of Open Access Journals (Sweden)

    Miriane da Silva Santos Barboza

    2011-12-01

    Full Text Available Este estudo teve como objetivo conhecer as concepções sobre a pena de morte de adolescentes de dois contextos sociais diferentes. Participaram da pesquisa 220 adolescentes do sexo masculino, sendo 100 estudantes e 120 adolescentes em situação de exclusão social. Foi aplicado um instrumento que continha, dentre outras, a seguinte questão "O que você acha da pena de morte? Por quê?". De um modo geral, os resultados revelaram o predomínio de respostas desfavoráveis à aplicação da pena de morte. Quando comparados os dois grupos de adolescentes, constatou-se que os estudantes se dividiram entre favoráveis e desfavoráveis à aplicação da pena de morte e os adolescentes em situação de exclusão mostraram-se predominantemente desfavoráveis. No que tange aos argumentos utilizados pelos participantes do presente estudo, a favor ou contra a pena de morte, nota-se que são concepções semelhantes aos que vêm sendo utilizadas no meio científico e filosófico e nos estudos empíricos.This study aimed to discover adolescents' conceptions on the death penalty from two different social contexts. About 220 male adolescents participated of this research, 100 students and 120 adolescents in social exclusion situation. An instrument was used which contained, among others, the following question: "What do you think about the death penalty? Why?" In general, results revealed the predominance of responses against the application of death penalty. When the two adolescent groups were compared, it was discovered that the students were divided in proponents and opponents to the application of death penalty, and the adolescents in exclusion situation demonstrated opposition to this issue. Concerning the arguments in favor or against the death penalty, those used by the participants of this study, it was highlighted that they were similar to scientific and philosophic conceptions and to empirical studies.

  15. 26 CFR 1.6664-1 - Accuracy-related and fraud penalties; definitions, effective date and special rules.

    Science.gov (United States)

    2010-04-01

    ... SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax... definition of “underpayment” of income taxes imposed under subtitle A is set forth in § 1.6664-2. Ordering rules for computing the total amount of accuracy-related and fraud penalties imposed with respect to a...

  16. Hair penalties: The negative influence of Afrocentric hair on ratings of Black women's dominance and professionalism.

    Directory of Open Access Journals (Sweden)

    Tina R. Opie

    2015-08-01

    Full Text Available Purpose: Women are penalized if they do not behave in a stereotype-congruent manner (Eagly & Carli, 2007; Heilman, 1983; 2001. For example, because women are not expected to be agentic they incur an agency penalty for expressing anger, dominance or assertiveness (Brescoll & Uhlmann, 2008; Eagly & Karau, 2002; Livingston, Rosette, & Washington, 2012; Rudman, 1998; Rudman & Fairchild, 2004; Rudman & Glick, 1999, 2001. Yet, all women are not equally penalized (Livingston, Rosette, & Washington, 2012. We make a novel contribution by examining how both White and Black evaluators respond to Black women’s dominance, in this case, whether Black women choose to wear Afrocentric or Eurocentric hairstyles. Design/methodology/approach: We conducted three experimental studies to examine the influence of target hairstyle and participant race on ratings of the target’s professionalism (Studies 1, 2 and 3 and dominance (Study 2. Study 1 was an online experimental study with 200 participants (112 females, 87 males, 1 missing gender; 160 Whites, 19 Blacks, 11 Latinos, 7 Asian Americans and 3 who identify as other; Mage= 35.5, SD = 11.4. Study 2 was an online experimental study with 510 participants (276 women, 234 males; 256 Blacks, 254 Whites; Mage = 41.25 years, SD = 12.21. Study 3 was an online experimental study with 291 participants (141 Blacks, 150 Whites, Mage= 47.5 years, SD = 11.66. Findings: Black, as compared to White, evaluators gave higher agency penalties to Black employment candidates when they donned Afrocentric versus Eurocentric hair, rating them as more dominant and less professional. Implications: The present research illustrates the significance of considering both target and evaluator race when examining the influence of agency, and specifically dominance, on ratings of professionalism.

  17. All-optical multi-wavelength conversion with negative power penalty by a commercial SOA-MZI for WDM wavelength multicast

    NARCIS (Netherlands)

    Yan, N.; Jung, H.D.; Tafur Monroy, I.; Waardt, de H.; Koonen, A.M.J.

    2007-01-01

    WDM wavelength multicast is demonstrated by all-optical multi-wavelength conversion at 10 Gb/s using a commercial SOA-MZI. We report for the first time simultaneous one-to-four conversion with negative power penalty of 1.84 dB.

  18. 77 FR 26703 - Inflation Adjustment of the Aggravated Maximum Civil Monetary Penalty for a Violation of a...

    Science.gov (United States)

    2012-05-07

    ... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Parts 228 and 231 [Docket No. FRA-2004-17529; Notice No. 9] RIN 2130-AB94 Inflation Adjustment of the Aggravated Maximum Civil... rule, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, which increased the...

  19. Underground siting of nuclear power plants: potential benefits and penalties

    International Nuclear Information System (INIS)

    Allensworth, J.A.; Finger, J.T.; Milloy, J.A.; Murfin, W.B.; Rodeman, R.; Vandevender, S.G.

    1977-08-01

    The potential for improving nuclear power safety is analyzed by siting plants underground in mined cavities or by covering plants with fill earth after construction in an excavated cut. Potential benefits and penalties of underground plants are referenced to analogous plants located on the surface. Three representative regional sites having requisite underground geology were used to evaluate underground siting. The major factors which were evaluated for all three sites were: (1) containment of radioactive materials, (2) transport of groundwater contamination, and (3) seismic vulnerability. External protection, plant security, feasibility, operational considerations, and cost were evaluated on a generic basis. Additionally, the national availability of sites having the requisite geology for both underground siting concepts was determined

  20. Penalty Algorithm Based on Conjugate Gradient Method for Solving Portfolio Management Problem

    Directory of Open Access Journals (Sweden)

    Wang YaLin

    2009-01-01

    Full Text Available A new approach was proposed to reformulate the biobjectives optimization model of portfolio management into an unconstrained minimization problem, where the objective function is a piecewise quadratic polynomial. We presented some properties of such an objective function. Then, a class of penalty algorithms based on the well-known conjugate gradient methods was developed to find the solution of portfolio management problem. By implementing the proposed algorithm to solve the real problems from the stock market in China, it was shown that this algorithm is promising.

  1. Influence of transmission bit rate on performance of optical fibre communication systems with direct modulation of laser diodes

    International Nuclear Information System (INIS)

    Ahmed, Moustafa F

    2009-01-01

    This paper reports on the influence of the transmission bit rate on the performance of optical fibre communication systems employing laser diodes subjected to high-speed direct modulation. The performance is evaluated in terms of the bit error rate (BER) and power penalty associated with increasing the transmission bit rate while keeping the transmission distance. The study is based on numerical analysis of the stochastic rate equations of the laser diode and takes into account noise mechanisms in the receiver. Correlation between BER and the Q-parameter of the received signal is presented. The relative contributions of the transmitter noise and the circuit and shot noises of the receiver to BER are quantified as functions of the transmission bit rate. The results show that the power penalty at BER = 10 -9 required to keep the transmission distance increases moderately with the increase in the bit rate near 1 Gbps and at high bias currents. In this regime, the shot noise is the main contributor to BER. At higher bit rates and lower bias currents, the power penalty increases remarkably, which comes mainly from laser noise induced by the pseudorandom bit-pattern effect.

  2. Nearly penalty-free, less than 4 ps supercontinuum Gbit/s pulse generation over 1535-1560 nm

    Science.gov (United States)

    Morioka, T.; Kawanishi, S.; Mori, K.; Saruwatari, M.

    1994-05-01

    Nearly penalty-free less than 4ps supercontinuum WDM pulses are generated at 6.3 Gbit/s over 1535-1560 nm for the first time using a 200 nm superbroadened supercontinuum in an optical fibre pumped by 1.7 W, 3.3 ps, 1542 nm short pulses from an Er(3+)-doped fibre ring laser.

  3. Proposal of the penalty factor equations considering weld strength over-match

    Energy Technology Data Exchange (ETDEWEB)

    Kim, Jong Sung [Dept. of Nuclear Engineering, Sejong University, Seoul (Korea, Republic of); Jeong, Jae Wook [Korea Hydro and Nuclear Power Co., Ltd., Gyeongju (Korea, Republic of); Lee, Kang Yong [State Key Laboratory of Structural Analysis for Industrial Equipment, Dept. of Engineering Mechanics, Dalian University of Technology, Dalian (China)

    2017-06-15

    This paper proposes penalty factor equations that take into consideration the weld strength over-match given in the classified form similar to the revised equations presented in the Code Case N-779 via cyclic elastic-plastic finite element analysis. It was found that the Ke analysis data reflecting elastic follow-up can be consolidated by normalizing the primary-plus-secondary stress intensity ranges excluding the nonlinear thermal stress intensity component, S{sub n} to over-match degree of yield strength, M{sub F}. For the effect of over-match on K{sub n} × K{sub v{sup 1}}, dispersion of the Kn × K{sub v} analysis data can be sharply reduced by dividing total stress intensity range, excluding local thermal stresses, S{sub p-lt} by M{sub F}. Finally, the proposed equations were applied to the weld between the safe end and the piping of a pressurizer surge nozzle in pressurized water reactors in order to calculate a cumulative usage factor. The cumulative usage factor was then compared with those derived by the previous K{sub e} factor equations. The result shows that application of the proposed equations can significantly reduce conservatism of fatigue assessment using the previous K{sub e} factor equations.

  4. THE OBSERVANCE OF FUNDAMENTAL HUMAN RIGHTS. THE DEATH PENALTY AND CORPORAL PUNISHMENTS. THE PROHIBITION OF TORTURE AND INHUMAN OR DEGRADING PUNISHMENTS

    Directory of Open Access Journals (Sweden)

    Dorian CHIRIȚĂ

    2018-05-01

    Full Text Available Corporal punishments by and large and death penalty specifically raise serious problems as to respecting human dignity and the fundamental human rights. The supreme courts of the UN member states quasi-unanimously consider that the death penalty infringes on the absolute ban of torturing, inhuman or degrading treatments due to the pain and psychological suffering they cause to the sentenced people who may wait for years in a row or even decades, more often than not in isolation and in an uncertain legal situation. Human rights represent a concept that develops rapidly, and most bodies for monitoring the international and regional treaties apply a dynamic interpretation of the law on treaties concerning the human rights. From the historical point of view, the protection standard granted by the absolute prohibition of torture and cruel, inhuman or degrading punishments is the result of a progressive and dynamic interpretation, according to the evolution of the society This publication aims at describing the constantly evolving standards, according to which the death penalty or the corporal punishments, largely accepted decades ago, have become the contemporary equivalent of torture or inhuman or degrading treatment. Thus, they anticipate the establishment of international norms that would absolutely forbid the use of such punishments.

  5. Accuracy of Outcome Anticipation, But Not Gaze Behavior, Differs Against Left- and Right-Handed Penalties in Team-Handball Goalkeeping.

    Science.gov (United States)

    Loffing, Florian; Sölter, Florian; Hagemann, Norbert; Strauss, Bernd

    2015-01-01

    Low perceptual familiarity with relatively rarer left-handed as opposed to more common right-handed individuals may result in athletes' poorer ability to anticipate the former's action intentions. Part of such left-right asymmetry in visual anticipation could be due to an inefficient gaze strategy during confrontation with left-handed individuals. To exemplify, observers may not mirror their gaze when viewing left- vs. right-handed actions but preferentially fixate on an opponent's right body side, irrespective of an opponent's handedness, owing to the predominant exposure to right-handed actions. So far empirical verification of such assumption, however, is lacking. Here we report on an experiment where team-handball goalkeepers' and non-goalkeepers' gaze behavior was recorded while they predicted throw direction of left- and right-handed 7-m penalties shown as videos on a computer monitor. As expected, goalkeepers were considerably more accurate than non-goalkeepers and prediction was better against right- than left-handed penalties. However, there was no indication of differences in gaze measures (i.e., number of fixations, overall and final fixation duration, time-course of horizontal or vertical fixation deviation) as a function of skill group or the penalty-takers' handedness. Findings suggest that inferior anticipation of left-handed compared to right-handed individuals' action intentions may not be associated with misalignment in gaze behavior. Rather, albeit looking similarly, accuracy differences could be due to observers' differential ability of picking up and interpreting the visual information provided by left- vs. right-handed movements.

  6. General deterrence effects of U.S. statutory DUI fine and jail penalties: long-term follow-up in 32 states.

    Science.gov (United States)

    Wagenaar, Alexander C; Maldonado-Molina, Mildred M; Erickson, Darin J; Ma, Linan; Tobler, Amy L; Komro, Kelli A

    2007-09-01

    We examined effects of state statutory changes in DUI fine or jail penalties for firsttime offenders from 1976 to 2002. A quasi-experimental time-series design was used (n=324 monthly observations). Four outcome measures of drivers involved in alcohol-related fatal crashes are: single-vehicle nighttime, low BAC (0.01-0.07g/dl), medium BAC (0.08-0.14g/dl), high BAC (>/=0.15g/dl). All analyses of BAC outcomes included multiple imputation procedures for cases with missing data. Comparison series of non-alcohol-related crashes were included to efficiently control for effects of other factors. Statistical models include state-specific Box-Jenkins ARIMA models, and pooled general linear mixed models. Twenty-six states implemented mandatory minimum fine policies and 18 states implemented mandatory minimum jail penalties. Estimated effects varied widely from state to state. Using variance weighted meta-analysis methods to aggregate results across states, mandatory fine policies are associated with an average reduction in fatal crash involvement by drivers with BAC>/=0.08g/dl of 8% (averaging 13 per state per year). Mandatory minimum jail policies are associated with a decline in single-vehicle nighttime fatal crash involvement of 6% (averaging 5 per state per year), and a decline in low-BAC cases of 9% (averaging 3 per state per year). No significant effects were observed for the other outcome measures. The overall pattern of results suggests a possible effect of mandatory fine policies in some states, but little effect of mandatory jail policies.

  7. 29 CFR 825.403 - Appealing the assessment of a penalty for willful violation of the posting requirement.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Appealing the assessment of a penalty for willful violation of the posting requirement. 825.403 Section 825.403 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS THE FAMILY AND MEDICAL LEAVE ACT OF 1993...

  8. 29 CFR 471.14 - What sanctions and penalties may be imposed for noncompliance, and what procedures will the...

    Science.gov (United States)

    2010-07-01

    ... LABOR NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS General Enforcement; Compliance Review... 29 Labor 2 2010-07-01 2010-07-01 false What sanctions and penalties may be imposed for...

  9. Timing and Activation Intensity of Shoulder Muscles during Handball Penalty Throwing in Subjects with and without Shoulder Impingement

    Directory of Open Access Journals (Sweden)

    Zahra Zonnor

    2017-08-01

    Full Text Available Introduction: Shoulder injuries are common among athletes in sports that involve overhead throwing of the ball such as handball. The objectives of this study were to evaluate the timing and activation intensity of shoulder muscles during handball penalty throwing in individuals with shoulder pain and in control subjects. Materials and Methods: Using BTS FREE EMG 300 system with bipolar surface electrodes, the timing (onset and intensity of the activation of the shoulder muscles were measured including upper trapezius, anterior, middle and posterior deltoid, latissimus dorsi, pectoralis major, supraspinatus and triceps during penalty throwing. Multivariate analysis of variance (ANOVA was used for between group comparisons with the significance level P< 0.05. Results: The activation intensity of upper trapezius and latissimus dorsi muscles in the healthy individuals were about 50.74% and 43.42% higher than in patients. Middle deltoid in healthy individuals was about 38.05% smaller than that in patients. In control group, supraspinatus muscle started earlier (23.5 ms than the shoulder motion initiation. Triceps muscle was activated about 18.5 ms later than shoulder motion initiation. In patients, supraspinatus muscle started sooner (11 ms and triceps brachialis muscle started later than the other muscles (22.16 ms. Conclusion: The coordination of shoulder muscles i.e. the onset and intensity of muscle activity is disturbed in the patient group during throwing. Hence, strength and stretching programs are recommended for athletes to reduce the risk of shoulder pain syndrome. The rehabilitation program can be focused on modifying the pattern of activity in upper trapezius, supraspinatus, latissimus dorsi and deltoid muscles in addition to pain control in the rehabilitation centers.

  10. 19 CFR Appendix C to Part 171 - Customs Regulations Guidelines for the Imposition and Mitigation of Penalties for Violations of...

    Science.gov (United States)

    2010-04-01

    ... revocation of a license or permit. Such minimal employment shall be prima facie evidence of lack of... obligations including duties, taxes and refunds. 4. A penalty of $5,000 against any broker who fails to...

  11. Is the death of the death penalty near? The impact of Atkins and Roper on the future of capital punishment for mentally ill defendants.

    Science.gov (United States)

    Shin, Helen

    2007-10-01

    In recent years, the U.S. Supreme Court has created two categorical exemptions to the death penalty. In Atkins v. Virginia, the Court exempted mentally retarded offenders. Three years later, in Roper v. Simmons, the Court extended the protection to juveniles. Based on these cases, the practices of foreign countries, and the opinions of professional organizations with relevant expertise, legal scholars speculate that the Court may, in the future, categorically exclude severely mentally ill offenders from the death penalty. This Note examines the feasibility of such an exemption for the mentally ill and considers its possible repercussions.

  12. Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code

    Directory of Open Access Journals (Sweden)

    Janku Martin

    2015-12-01

    Full Text Available In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major. The Czech regulations represented by the new Civil Code of 2012 (CivC, however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.

  13. Wavy channel transistor for area efficient high performance operation

    KAUST Repository

    Fahad, Hossain M.

    2013-04-05

    We report a wavy channel FinFET like transistor where the channel is wavy to increase its width without any area penalty and thereby increasing its drive current. Through simulation and experiments, we show the effectiveness of such device architecture is capable of high performance operation compared to conventional FinFETs with comparatively higher area efficiency and lower chip latency as well as lower power consumption.

  14. Loading pattern optimization with maximum utilization of discharging fuel employing adaptively constrained discontinuous penalty function

    International Nuclear Information System (INIS)

    Park, T. K.; Joo, H. G.; Kim, C. H.

    2010-01-01

    In order to find the most economical loading pattern (LP) considering multi-cycle fuel loading, multi-objective fuel LP optimization problems are examined by employing an adaptively constrained discontinuous penalty function (ACDPF) method. This is an improved method to simplify the complicated acceptance logic of the original DPF method in that the stochastic effects caused by the different random number sequence can be reduced. The effectiveness of the multi-objective simulated annealing (SA) algorithm employing ACDPF is examined for the reload core LP of Cycle 4 of Yonggwang Nuclear Unit 4. Several optimization runs are performed with different numbers of objectives consisting of cycle length and average burnup of fuels to be discharged or reloaded. The candidate LPs obtained from the multi-objective optimization runs turn out to be better than the reference LP in the aspects of cycle length and utilization of given fuels. It is note that the proposed ACDPF based MOSA algorithm can be a practical method to obtain an economical LP considering multi-cycle fuel loading. (authors)

  15. Life sentence penalty and extradition under article 3 of the ECHR: A leading case of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Mario Antinucci

    2017-06-01

    Full Text Available Life sentence penalty covers a diverse range of practices, from the most severe form of life imprisonment without parole, in which a person is sentenced to die in prison so long as their sentence stands, to more indeterminate sentences in which at the time of sentencing it is not clear how long the sentenced person will spend in prison. Dealing with the question whether the extradition of a person to a foreign state where is accused of a crime for which a sentence of life imprisonment can be imposed can potentially violate article 3 of the European Convention on Human Rights. What all these sentences have in common, however, is that at the time the sentence is passed, a person is liable to be detained for the rest of his or her natural life. We all know “The United Nations Standard Minimum Rules” and relevant international instruments on the rehabilitation of imprisonment, but at the moment more than 73 States in the world retain life imprisonment as a penalty for offences committed while under the age of 18. General perspective of criminal justice reform in Latin America should take into a right account the meaning of life - imprisonment penalty under article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment.

  16. 40 CFR 141.723 - Requirements to respond to significant deficiencies identified in sanitary surveys performed by EPA.

    Science.gov (United States)

    2010-07-01

    ... deficiencies identified in sanitary surveys performed by EPA. 141.723 Section 141.723 Protection of Environment... performed by EPA, systems must respond in writing to significant deficiencies identified in sanitary survey... will address significant deficiencies noted in the survey. (d) Systems must correct significant...

  17. Accuracy of outcome anticipation, but not gaze behavior, differs against left- and right-handed penalties in team-handball goalkeeping

    Directory of Open Access Journals (Sweden)

    Florian eLoffing

    2015-12-01

    Full Text Available Low perceptual familiarity with relatively rarer left-handed as opposed to more common right-handed individuals may result in athletes’ poorer ability to anticipate the former’s action intentions. Part of such left-right asymmetry in visual anticipation could be due to an inefficient gaze strategy during confrontation with left-handed individuals. To exemplify, observers may not mirror their gaze when viewing left- vs. right-handed actions but preferentially fixate on an opponent’s right body side, irrespective of an opponent’s handedness, owing to the predominant exposure to right-handed actions. So far empirical verification of such assumption, however, is lacking. Here we report on an experiment where team-handball goalkeepers’ and non-goalkeepers’ gaze behavior was recorded while they predicted throw direction of left- and right-handed seven-meter penalties shown as videos on a computer monitor. As expected, goalkeepers were considerably more accurate than non-goalkeepers and prediction was better against right- than left-handed penalties. However, there was no indication of differences in gaze measures (i.e., number of fixations, overall and final fixation duration, time-course of horizontal or vertical fixation deviation as a function of skill group or the penalty-takers’ handedness. Findings suggest that inferior anticipation of left-handed compared to right-handed individuals’ action intentions may not be associated with misalignment in gaze behavior. Rather, albeit looking similarly, accuracy differences could be due to observers’ differential ability of picking up and interpreting the visual information provided by left- vs. right-handed movements.

  18. Accuracy of Outcome Anticipation, But Not Gaze Behavior, Differs Against Left- and Right-Handed Penalties in Team-Handball Goalkeeping

    Science.gov (United States)

    Loffing, Florian; Sölter, Florian; Hagemann, Norbert; Strauss, Bernd

    2015-01-01

    Low perceptual familiarity with relatively rarer left-handed as opposed to more common right-handed individuals may result in athletes' poorer ability to anticipate the former's action intentions. Part of such left-right asymmetry in visual anticipation could be due to an inefficient gaze strategy during confrontation with left-handed individuals. To exemplify, observers may not mirror their gaze when viewing left- vs. right-handed actions but preferentially fixate on an opponent's right body side, irrespective of an opponent's handedness, owing to the predominant exposure to right-handed actions. So far empirical verification of such assumption, however, is lacking. Here we report on an experiment where team-handball goalkeepers' and non-goalkeepers' gaze behavior was recorded while they predicted throw direction of left- and right-handed 7-m penalties shown as videos on a computer monitor. As expected, goalkeepers were considerably more accurate than non-goalkeepers and prediction was better against right- than left-handed penalties. However, there was no indication of differences in gaze measures (i.e., number of fixations, overall and final fixation duration, time-course of horizontal or vertical fixation deviation) as a function of skill group or the penalty-takers' handedness. Findings suggest that inferior anticipation of left-handed compared to right-handed individuals' action intentions may not be associated with misalignment in gaze behavior. Rather, albeit looking similarly, accuracy differences could be due to observers' differential ability of picking up and interpreting the visual information provided by left- vs. right-handed movements. PMID:26648887

  19. All Rural Places Are Not Created Equal: Revisiting the Rural Mortality Penalty in the United States

    Science.gov (United States)

    2014-01-01

    Objectives. I investigated mortality disparities between urban and rural areas by measuring disparities in urban US areas compared with 6 rural classifications, ranging from suburban to remote locales. Methods. Data from the Compressed Mortality File, National Center for Health Statistics, from 1968 to 2007, was used to calculate age-adjusted mortality rates for all rural and urban regions by year. Criteria measuring disparity between regions included excess deaths, annual rate of change in mortality, and proportion of excess deaths by population size. I used multivariable analysis to test for differences in determinants across regions. Results. The rural mortality penalty existed in all rural classifications, but the degree of disparity varied considerably. Rural–urban continuum code 6 was highly disadvantaged, and rural–urban continuum code 9 displayed a favorable mortality profile. Population, socioeconomic, and health care determinants of mortality varied across regions. Conclusions. A 2-decade long trend in mortality disparities existed in all rural classifications, but the penalty was not distributed evenly. This constitutes an important public health problem. Research should target the slow rates of improvement in mortality in the rural United States as an area of concern. PMID:25211763

  20. Participatory workplace wellness programs: reward, penalty, and regulatory conflict.

    Science.gov (United States)

    Pomeranz, Jennifer L

    2015-06-01

    POLICY POINTS: Workplace wellness programs that provide incentives for completing a health risk assessment are a form of participatory programs. There are legal and ethical concerns when employers assess penalties for not completing a health risk assessment, raising questions about the voluntariness of such a program. The Departments of Treasury, Labor, and Health and Human Services' 2013 regulations for participatory programs and employers' current practices conflict with the Equal Employment Opportunity Commission's prevailing interpretation of the Americans with Disabilities Act of 1990. In keeping with the Patient Protection and Affordable Care Act, Congress revised the law related to workplace wellness programs. In June 2013, the Departments of Treasury, Labor, and Health and Human Services passed the final regulations, updating their 2006 regulatory framework. Participatory programs that reward the completion of a health risk assessment are now the most common type of wellness program in the United States. However, legal and ethical concerns emerge when employers utilize incentives that raise questions about the voluntariness of such programs. At issue is that under the Americans with Disabilities Act (ADA) of 1990, employers cannot require health-related inquiries and exams. To analyze the current interpretation of the ADA, I conducted research on both LexisNexis and federal agency websites. The resulting article evaluates the differences in the language of Congress's enabling legislation and the federal departments' regulations and how they may conflict with the ADA. It also reviews the federal government's authority to address both the legal conflict and ethical concerns related to nonvoluntary participatory programs. Employers' practices and the federal departments' regulations conflict with the current interpretation of the ADA by permitting employers to penalize employees who do not complete a health risk assessment. The departments' regulations may be

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