WorldWideScience

Sample records for superfund liability risks

  1. Assets, liabilities and risks

    OpenAIRE

    Thomson, R

    2014-01-01

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

  2. Assets, liabilities and risks

    Directory of Open Access Journals (Sweden)

    R. Thomson

    2014-01-01

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

  3. Superfund Query

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Superfund Query allows users to retrieve data from the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database.

  4. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund)

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access Database contains a selected set of...

  5. Issuance of Final Guidance: Ecological Risk Assessment and Risk Management Principles for Superfund Sites, October 7, 1999

    Science.gov (United States)

    This guidance is intended to help Superfund risk managers make ecological risk management decisions that are based on sound science, consistent across Regions, and present a characterization of site risks that is transparent to the public.

  6. Liability.

    Science.gov (United States)

    Hollander, Patricia A.

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

  7. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund) - NPL Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — National Priorities List (NPL) Sites - The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access...

  8. CERCLIS (Superfund) ASCII Text Format - CPAD Database

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access Database (CPAD) contains a selected set...

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

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

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

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

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

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

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

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

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

  12. Comprehensive Environmental Response, Compensation and Liability Act

    Data.gov (United States)

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

  13. Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act Section 120(e)(5). Annual report to Congress for Fiscal year 1992

    Energy Technology Data Exchange (ETDEWEB)

    1993-08-01

    The US Department of Energy (DOE) is committed to conducting its operations in a safe and environmentally sound manner. High priorities for the Department are identifying and correcting environmental problems at DOE facilities that resulted from past operations, and preventing environmental problems from occurring during present and future operations. In this regard, the Department is committed to clean up the 1989 inventory of sites in the Environmental Restoration Program by the year 2019. DOE has issued an Order and guidance establishing policy and procedures for activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA), and has developed a Five-Year Plan, updated annually, that integrates planning for corrective activities, environmental restoration and waste management operations at its facilities. DOE also continues to conduct assessments (e.g., Management Audits, Environmental Safety and Health (ES & H) Progress Assessments, Internal Self Assessments) at its operating facilities to provide the Secretary of Energy with information on current environmental compliance status and follow-up on findings.

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

    Science.gov (United States)

    Aicher, R H

    2001-07-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1993-12-31

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

  16. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund) - Non-NPL Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — Non-NPL Sites - The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access Database contains a...

  17. SITE COMPREHENSIVE LISTING (CERCLIS) - Contaminants at CERCLIS (Superfund) Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — Contaminants at Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Sites - The CERCLIS Public Access Database...

  18. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund) - Responsible Parties at CERCLIS Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — Responsible Parties at CERCLIS Sites - The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access...

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

    Science.gov (United States)

    Zandvoort, Henk

    2011-06-01

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

  20. Liability-driven investment in longevity risk management

    OpenAIRE

    Helena Aro; Teemu Pennanen

    2013-01-01

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

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

    CERN Document Server

    Kunreuther, Howard

    1993-01-01

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

  2. Fishing a superfund site: Dissonance and risk perception of environmental hazards by fishermen in Puerto Rico

    Energy Technology Data Exchange (ETDEWEB)

    Burger, J.; Gochfeld, M. (Rutgers University, Piscataway, NJ (USA))

    1991-06-01

    Risk perception studies show that individuals tend to underestimate significant risks, overestimate negligible ones, and distrust authorities. They also rely on a variety of strategies or heuristics to reach decisions regarding their risk-taking behavior. The authors report on a survey of fishermen and crabbers engaged in recreational and substance fishing in a Puerto Rican estuary (near Humacao), which has been declared a Superfund site because of suspected contamination by mercury, and at ecologically similar control sites. Nearly everyone interviewed at the Humacao site was aware of the mercury contamination, but either denied its importance, believed the contamination was restricted to a distant part of the estuary, or assumed that the estuary would be closed by the authorities if the threat was real. All site-users consumed the fish and crabs they caught. At Humacao, the average catch was 7 fish per fishermen (mostly tilapia, Tilapia mossambica, and tarpon, Megalops atlantica) and 13 crabs per crabber (all blue crabs, Callinectes sapidus). On average, the site-users returned to the lagoons about 3-4 times per month. At control sites, fewer fish were eaten. The worst case consumption of tarpon, a species which concentrated mercury at Eastern Puerto Rico, provided an exposure exceeding the EPA reference dose, whereas consumption of one tarpon per week did not entail excess exposure. Fortunately, few individuals caught tarpon exclusively. Unlike counterparts in the northeastern United States, they trusted authorities and indicated that they would have heeded warnings of mercury contamination posted where they fished.

  3. Characterization of ecological risks at the Milltown Reservoir-Clark Fork River Sediments Superfund Site, Montana

    Science.gov (United States)

    Pascoe, Gary A.; Blanchet, Richard J.; Linder, Greg L.; Palawski, Don; Brumbaugh, William G.; Canfield, Tim J.; Kemble, Nile E.; Ingersoll, Chris G.; Farag, Aïda M.; DalSoglio, Julie A.

    1994-01-01

    A comprehensive field and laboratory approach to the ecological risk assessment for the Milltown Reservoir-Clark Fork River Sediments Site, a Superfund site in the Rocky Mountains of Montana, has been described in the preceding reports of this series. The risk assessment addresses concerns over the ecological impacts of upstream releases of mining wastes to fisheries of the upper Clark Fork River (CFR) and the benthic and terrestrial habitats further downstream in Milltown Reservoir. The risk characterization component of the process integrated results from a triad of information sources: (a) chemistry studies of environmental media to identify and quantify exposures of terrestrial and aquatic organisms to site-related contaminants; (b) ecological or population studies of terrestrial vegetation, birds, benthic communities, and fish; and (c) in situ and laboratory toxicity studies with terrestrial and aquatic invertebrates and plants, small mammals, amphibians, and fish exposed to contaminated surface water, sediments, wetland soils, and food sources. Trophic transfer studies were performed on waterfowl, mammals, and predatory birds using field measurement data on metals concentrations in environmental media and lower trophic food sources. Studies with sediment exposures were incorporated into the Sediment Quality Triad approach to evaluate risks to benthic ecology. Overall results of the wetland and terrestrial studies suggested that acute adverse biological effects were largely absent from the wetland; however, adverse effects to reproductive, growth, and physiological end points of various terrestrial and aquatic species were related to metals exposures in more highly contaminated depositional areas. Feeding studies with contaminated diet collected from the upper CFR indicated that trout are at high risk from elevated metals concentrations in surface water, sediment, and aquatic invertebrates. Integration of chemical analyses with toxicological and ecological

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

    NARCIS (Netherlands)

    A. Chen; M. Suchanecki

    2007-01-01

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

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

    Science.gov (United States)

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

    2000-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Michael N. Kane

    2002-12-01

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

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

    OpenAIRE

    Horowitz, Haley

    2009-01-01

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

  8. Liability Risks in Agri-food supply chains: the case of wet feed

    NARCIS (Netherlands)

    Meuwissen, M.P.M.; Asseldonk, van M.A.P.M.; Huirne, R.B.M.

    2008-01-01

    Abstract: Recent animal feed crises caused substantial damage throughout food supply chains and, consequently, initiated debates on the liability insurance cover of animal feed companies. In this framework, a quantitative risk analysis for wet feed producers in the Netherlands is presented. The

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

    DEFF Research Database (Denmark)

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

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

  10. Liability-driven investing: an enterprise risk management strategy.

    Science.gov (United States)

    Courson, William M

    2008-08-01

    Hospitals that understand their risks and how to address them, and can communicate thisto rating agencies, can improve their opportunities in the capital markets. Evaluating global risk requires that healthcare financial executives consider risks in the context of one another as well as the organization's overall strategic plan.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1992-08-01

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

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

    DEFF Research Database (Denmark)

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

    Management decisions regarding the asset and liability composition of a life insurance company can have a substantial impact on an insurer’s risk situation. At the same time, they also affect the fair risk-adjusted compensation offered to the company’s equity holders for providing capital...... surplus appropriation schemes on the company’s shortfall risk and the shareholders’ fair risk charge. The range of products comprises temporary life annuities and endowment insurance contracts with varying surplus appropriation schemes that are modeled actuarially. We thereby also account for mortality...... risk and ensure a fair situation for shareholders. Our findings emphasize that management decisions can have a substantial impact on the company’s shortfall risk, and that their effectiveness in risk reduction varies substantially depending on the surplus appropriation scheme offered to the customer...

  13. Biota Modeling in EPA's Preliminary Remediation Goal and Dose Compliance Concentration Calculators for Use in EPA Superfund Risk Assessment: Explanation of Intake Rate Derivation, Transfer Factor Compilation, and Mass Loading Factor Sources

    Energy Technology Data Exchange (ETDEWEB)

    Manning, Karessa L. [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Dolislager, Fredrick G. [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Bellamy, Michael B. [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States)

    2016-11-01

    The Preliminary Remediation Goal (PRG) and Dose Compliance Concentration (DCC) calculators are screening level tools that set forth Environmental Protection Agency's (EPA) recommended approaches, based upon currently available information with respect to risk assessment, for response actions at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites, commonly known as Superfund. The screening levels derived by the PRG and DCC calculators are used to identify isotopes contributing the highest risk and dose as well as establish preliminary remediation goals. Each calculator has a residential gardening scenario and subsistence farmer exposure scenarios that require modeling of the transfer of contaminants from soil and water into various types of biota (crops and animal products). New publications of human intake rates of biota; farm animal intakes of water, soil, and fodder; and soil to plant interactions require updates be implemented into the PRG and DCC exposure scenarios. Recent improvements have been made in the biota modeling for these calculators, including newly derived biota intake rates, more comprehensive soil mass loading factors (MLFs), and more comprehensive soil to tissue transfer factors (TFs) for animals and soil to plant transfer factors (BV's). New biota have been added in both the produce and animal products categories that greatly improve the accuracy and utility of the PRG and DCC calculators and encompass greater geographic diversity on a national and international scale.

  14. Risk, liability, and economic issues with long-term CO2 storage—A review

    Science.gov (United States)

    Anderson, Steven T.

    2017-01-01

    Given a scarcity of commercial-scale carbon capture and storage (CCS) projects, there is a great deal of uncertainty in the risks, liability, and their cost implications for geologic storage of carbon dioxide (CO2). The probabilities of leakage and the risk of induced seismicity could be remote, but the volume of geologic CO2 storage (GCS) projected to be necessary to have a significant impact on increasing CO2 concentrations in the atmosphere is far greater than the volumes of CO2 injected thus far. National-level estimates of the technically accessible CO2storage resource (TASR) onshore in the United States are on the order of thousands of gigatons of CO2 storage capacity, but such estimates generally assume away any pressure management issues. Pressure buildup in the storage reservoir is expected to be a primary source of risk associated with CO2 storage, and only a fraction of the theoretical TASR could be available unless the storage operator extracts the saltwater brines or other formation fluids that are already present in the geologic pore space targeted for CO2 storage. Institutions, legislation, and processes to manage the risk, liability, and economic issues with CO2 storage in the United States are beginning to emerge, but will need to progress further in order to allow a commercial-scale CO2 storage industry to develop in the country. The combination of economic tradeoffs, property rights definitions, liability issues, and risk considerations suggests that CO2 storage offshore of the United States may be more feasible than onshore, especially during the current (early) stages of industry development.

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

    Science.gov (United States)

    Váradi, Agnes

    2008-11-01

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

  16. Captivity mark as Foundation of Civil Liability for Risk in Prol Consumer

    Directory of Open Access Journals (Sweden)

    Fernando Antônio de Vasconcelos

    2016-06-01

    Full Text Available The postmodern society can be seen as risk society. From the Ulrich Beck’s idea that the acquired knowledge allows the current development model, but its generates uncontrollable risks, this study attempts to make a validation of trademark captivity theory as the basis for civil liability for risk. The strength of the brands as fundamental goals in today’s economic process is seen as a vector of liability for consumers as a vulnerable class. The difficulty of consumers in the process of accountability for damages suffered in their relations is still present. The supply process is complex and is formed by a network arrangements which stresses the consumer’s vulnerability. The trademark captivity allows the identification of an economic group participants by sharing the brand. The proposal in this article, is to strengthen the idea of   captivity mark as accountability paradigm from the brand with the theory of risk, examining its feasibility framing the sole paragraph of Article 927 of the Brazilian Civil Code.The methodology will be based on a legal-economic aspect and depart from an inductive analysis and bibliographic surveys, with the theoretical framework of Ulrich Beck, Antonny Giddens and Claudia Lima Marques.

  17. Risk Management And Liability For EnvironmentalL Harm Caused By GMOS – The South African Regulatory Framework

    Directory of Open Access Journals (Sweden)

    L Feris

    2006-05-01

    Full Text Available Biotechnology is still relatively new and as with any new technology, it carries some level of risk. This necessitates appropriate risk assessments and appropriate risk management. One element of risk management however, is taking into account that during the production, development, transport or release of a GMO it may cause injury to person, property or the environment, regardless of risk management procedures. This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for damage to the environment. It discusses the GMO Act as the principle legislation regulation GMOs and also the recent amendment thereof and also consider other legislation such as the ECA, NEMA and NEMA Biodiversity Act in an attempt to determine whether the regulatory framework addresses risk management and liability in an effective and adequate manner. It comes to the conclusion that South Africa does not as yet have a satisfactory legal regime that provides for risk management and liability in the context of GMOs.

  18. SUPERFUND CLEANUPS AND INFANT HEALTH

    Science.gov (United States)

    Currie, Janet; Greenstone, Michael; Moretti, Enrico

    2013-01-01

    We are the first to examine the effect of Superfund cleanups on infant health rather than focusing on proximity to a site. We study singleton births to mothers residing within 5km of a Superfund site between 1989–2003 in five large states. Our “difference in differences” approach compares birth outcomes before and after a site clean-up for mothers who live within 2,000 meters of the site and those who live between 2,000– 5,000 meters of a site. We find that proximity to a Superfund site before cleanup is associated with a 20 to 25% increase in the risk of congenital anomalies. PMID:25152535

  19. THE ROLE OF VALUE AT RISK IN THE MANAGEMENT OF ASSET AND LIABILITIES

    Directory of Open Access Journals (Sweden)

    Petria Nicolae

    2012-12-01

    Full Text Available ALM is the management of risk at enterprise level, the models used in ALM can be static or dynamic: single period-static models, multiple period static model, single period stochastic model, multi period stochastic model. While single period-static don't incorporate the dynamic of the economical changes the multiple period-static models are an extension of the single period-static model, the most common used are multi-period stochastic which model the evolution of financial series in time and the assets and liabilities using different types of probability distributions (Student, GED. Highly correlated with ALM is the Value at Risk which can be used as and function to be minimized in ALM models. In the Value at Risk methodology the estimation models are classified as: parametric, nonparametric, semi-parametric; we present the parametric models (GARCH models used in Value at Risk and the connections that can be established between ALM models and Value at Risk. We present the Conditional Value-at-risk and offer and example on how to calculate CVaR .

  20. The FDA, contraceptive marketing approval and products liability litigation: Depo-Provera and the risk of osteoporosis.

    Science.gov (United States)

    Green, William

    2013-01-01

    The FDA approved Depo-Provera, an injectable contraceptive, in 1992 on the condition that its manufacturer conduct a post-approval study on the risk ofosteoporosis. Then in 2004, the agency revised the drug's labeling to include a boxed (i.e. Black Box) Warning on the risk ofosteoporosis. This article will analyze the FDA's Depo-Provera approval and label revision process: the agency's acceptance of Upjohn's New Drug Application, its Fertility and Maternal Health Advisory Committee's review of the human clinical studies and approval recommendation, its marketing approval of Depo-Provera, and its 2004 drug labeling revision. Then the article will analyze the post-2004 products liability litigation by women who claimed to have been injured by their use of the drug. None of the cases have survived the manufacturer's summary judgment motions, because the women have been unable to establish by expert and physician evidence that the FDA-approved labeling was inadequate to inform their physicians of the risk of osteoporosis, that the inadequate warnings caused their osteoporosis or osteopenia, and that these are compensable injuries. As a result, the manufacturer has been able to use the FDA labeling, state products liability law, and the learned intermediary doctrine to avoid liability. The conclusion will consider the lessons of these products liability cases for other women who have received Depo-Provera and suffered bone mineral density loss.

  1. Risk Communication, Metacommunication, and Rhetorical Stases in the Aspen-EPA Superfund Controversy.

    Science.gov (United States)

    Stratman, James F.; And Others

    1995-01-01

    Explores the relationship between current theoretical definitions of risk communication, the unique national role that EPA plays in defining health and environmental risks, and possible explanations for EPA's inability to persuade Aspen, Colorado, to accept a cleanup plan. Explores ownership messages conveyed through metacommunication conflict…

  2. Information needs for risk management/communication

    Energy Technology Data Exchange (ETDEWEB)

    Bennett, D.A. [Environmental Protection Agency, Washington, DC (United States)

    1990-12-31

    The hazardous waste cleanup program under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) is delegated to the ten Regions of the US Environmental Protection Agency (EPA) and has, to date, identified more than 33,000 sites for consideration. The size and complexity of the program places great demands on those who would provide information to achieve national consistency in application of risk assessment while meeting site-specific needs for risk management and risk communication.

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

    National Research Council Canada - National Science Library

    2000-01-01

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

  4. Analysis on liability risk controlling mechanism in public hospital%公立医院负债风险控制机制分析

    Institute of Scientific and Technical Information of China (English)

    阎利; 王昕

    2013-01-01

    公立医院负债是一把“双刃剑”,合理负债可以促进医院的发展,但一些公立医院不适当的负债经营已经成为阻碍医疗事业发展的严重问题。公立医院负债的原因有很多,体现在医疗制度、医院管理制度、负债风险防范机制不完善等方面。掌握医院负债经营的原因,就是找到了其管理不当或者亟需改进的源头,才能从根本上预防、改善、扭转公立医院负债经营的现状。%Liabilities of public hospitals is a"double-edged sword", and reasonable liabilities can promote the hospitals’ development. However, some hospitals’ irrational liabilities have been severe problems. There are many reasons of their liabilities, reflected in the health care system, hospital management, and imperfect liability risk prevention mechanism. It is important to grasp the reasons which are the sources of liability for preventing and correcting the liability position of public hospitals.

  5. Genetic liability, prenatal health, stress and family environment: risk factors in the Harvard Adolescent Family High Risk for schizophrenia study.

    Science.gov (United States)

    Walder, Deborah J; Faraone, Stephen V; Glatt, Stephen J; Tsuang, Ming T; Seidman, Larry J

    2014-08-01

    The familial ("genetic") high-risk (FHR) paradigm enables assessment of individuals at risk for schizophrenia based on a positive family history of schizophrenia in first-degree, biological relatives. This strategy presumes genetic transmission of abnormal traits given high heritability of the illness. It is plausible, however, that adverse environmental factors are also transmitted in these families. Few studies have evaluated both biological and environmental factors within a FHR study of adolescents. We conceptualize four precursors to psychosis pathogenesis: two biological (genetic predisposition, prenatal health issues (PHIs)) and two environmental (family environment, stressful life events (SLEs)). Participants assessed between 1998 and 2007 (ages 13-25) included 40 (20F/20M) adolescents at FHR for schizophrenia (FHRs) and 55 (31F/24M) community controls. 'Genetic load' indexed number of affected family members relative to pedigree size. PHI was significantly greater among FHRs, and family cohesion and expressiveness were less (and family conflict was higher) among FHRs; however, groups did not significantly differ in SLE indices. Among FHRs, genetic liability was significantly associated with PHI and family expressiveness. Prenatal and family environmental disruptions are elevated in families with a first-degree relative with schizophrenia. Findings support our proposed 'polygenic neurodevelopmental diathesis-stress model' whereby psychosis susceptibility (and resilience) involves the independent and synergistic confluence of (temporally-sensitive) biological and environmental factors across development. Recognition of biological and social environmental influences across critical developmental periods points to key issues relevant for enhanced identification of psychosis susceptibility, facilitation of more precise models of illness risk, and development of novel prevention strategies. Copyright © 2014 Elsevier B.V. All rights reserved.

  6. Superfund Site Information

    Data.gov (United States)

    U.S. Environmental Protection Agency — This asset includes a number of individual data sets related to site-specific information for Superfund, which is governed under the Comprehensive Environmental...

  7. Superfund Technical Assistance Grants

    Data.gov (United States)

    U.S. Environmental Protection Agency — This asset includes data related to the Superfund Technical Assistance Grant program, including grant number, award amounts, award dates, period of performance,...

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

    Science.gov (United States)

    Gold, Liza H; Davidson, John E

    2007-01-01

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

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

    OpenAIRE

    Yu-Luen Ma; Ping Wang

    2014-01-01

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

  10. Notification: EPA Progress in Reducing Taxpayer Environmental Liabilities

    Science.gov (United States)

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

  11. Integrating Monitoring and Genetic Methods To Infer Historical Risks of PCBs and DDE to Common and Roseate Terns Nesting Near the New Bedford Harbor Superfund Site (Massachusetts, USA)

    Science.gov (United States)

    Common and roseate terns are migratory piscivorous seabirds with major breeding colonies within feeding range of thepolychlorinated biphenyl (PCB)-contaminated New Bedford Harbor (NBH, MA, USA) Superfund site. Our longitudinal study shows that before PCB discharges into NBH cease...

  12. Managing 'tail liability'.

    Science.gov (United States)

    Frese, Richard C; Weber, Ryan J

    2013-11-01

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

  13. A Study of Liabilities Scale in Telecommunication Enterprises

    Institute of Scientific and Technical Information of China (English)

    2000-01-01

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

  14. 75 FR 49414 - Cooperative Agreements and Superfund State Contracts for Superfund Response Actions

    Science.gov (United States)

    2010-08-13

    ... AGENCY 40 CFR Part 35 RIN 2050-AG58 Cooperative Agreements and Superfund State Contracts for Superfund... Superfund Cooperative Agreements and Superfund State Contracts. DATES: This rule is effective October 12... requirements shall apply to all new Cooperative Agreements and Superfund State Contracts, funded under...

  15. Modeling non-maturing liabilities

    OpenAIRE

    von Feilitzen, Helena

    2011-01-01

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

  16. Possible Downsides to Data Sharing in the Research Commons: Assets and Liabilities, Opportunities and Risks

    Directory of Open Access Journals (Sweden)

    Peter Schröder

    2007-06-01

    Full Text Available Large-scale data policies easily may have unplanned effects of "homogeneity" on the available data supply. A narrowing of the scope of the data supply tailored to established research paradigms could limit the opportunities for unconventional, but also adventurous, new research directions with the risk of slowing down scientific progress. A systematic assessment of data portfolios not only on the aspects of quality, accessibility and sustainability, but diversity as well, could help to diminish this risk.

  17. Effects Of Country Risk Forecasts Based On Foreign Trade Performance And Currency Choices In Asset - Liability Management On Banks’ Liquidity Performance: An Empirical Analysis

    Directory of Open Access Journals (Sweden)

    Erol Muzır

    2015-06-01

    Full Text Available he foremost purpose of this paper that presents some parametric and non-parametric model proposals towards measuring banks’ risk of technical insolvency (failure as based on their liquidity performance is to discern how specific choices regarding asset- liability structure of banks and country risk predictions concerning overall foreign trade performance affect liquidity position of those banks. Moreover, possible impacts of lending efficiency and capital adequacy on liquidity performance are argued. For this purpose, some parametric and non-parametric risk estimation models have been developed using the consolidated financial and non-financial data that were reported on a quarterly basis by 26 Turkish and foreign deposit banks within the period between March 2003 and March 2009 to predict changes in the balances of both net cash flows from banking activities and overall net cash flows. According to the findings of the models developed by undertaking Binary Logistic Regression and Multivariate Adaptive Regression Splines (MARS, it is concluded that foreign trade performance based country risk forecasts are positively correlated with technical failure risk exposure while currency compositions of assets and liabilities are significantly effective on risk level. In addition, we also observe that foreign banks are relatively less exposed to technical failure risk and infer that increasing lending efficiency and better capital adequacy could lead to pretty liquidity performance, as expected

  18. Risk Control and Management on Corporation Liabilities%企业负债的风险控制与管理

    Institute of Scientific and Technical Information of China (English)

    李耀运

    2013-01-01

    针对企业经营管理者对借债资本的经济性、流动性、安全性、收益性缺乏必要关注这一现象,论述了在资本市场尚不完善的财务环境中,企业借债筹资活动充满风险,将给企业生存与发展带来不利影响.以创新与务实的理念为出发点,在管理思想和方法上协同创新,从企业举债融资管理目的入手,提出管理企业负债行为的思想原则,构建了企业负债风险测评与控制方法指标体系.在分析利用财务比率指标的基础上,提出了企业负债风险管理方略.%Debt operation is a common economic phenomenon in the current economic lives of enterprises.In practice,business managers lack the necessary attention to the economy,liquidity,security and profitability of debt capital.In a still not perfect financial environment of capital market,it is full of risks for enterprise debt financing activities,and it will bring adverse effect for enterprises' survival and development.Innovation and practical idea were objectively taken as the basic starting point.Collaborative innovation on management thought and method was realized.The principle of managing enterprise liabilities behavior was put forward from the enterprise debt financing management purpose.The index system of enterprise debt risk assessment and control method was then established.Based on the analysis of the use of financial ratio index,the debt risk management strategy was proposed for enterprises.

  19. [Tour operator liability in health protection for not informing travellers about health risks they could be exposed].

    Science.gov (United States)

    Macrì, P G

    2009-01-01

    Consumer-tourist is considered the weaker bargaining party in an "all included" travel contract, compared with tour organizer and tour vendor. That's why Statute Act protecting consumer's rights provides a specific discipline concerning this particular sector In front of widening of warrants for travellers, obligations for organizer and seller of the travel have been increased, and include now specific duty to inform travellers as well. According to the law such duties of information are consistent with travel contract performance itself. In such way, failing to inform client constitutes a breach of contract liable not only in the field of civil responsibility; the subject liable with such an omission may face criminal prosecution as well. More specifically we are in front of a breach of contract by the tour organizer who will respond of all damages concerned with such a breach. Damages will concern not only the price of the travel package, but also other damages connected with the illness suffered by traveller: compensation for spoiled holidays, biological damages, patrimonial damages (these last ones could include for instance expenses for medical treatments, just to quote the more likely one). In other words, tour organizer has to grant general organization of the tour which has to take place as specified on travel brochure, but traveller have to be provided also with any information, concerning documents necessary for the travel, whether passport or visa are needed or not, vaccinations peremptory or optional. It will be very difficult for tour operator be exempted from liability for damages if traveller hasn't been informed of health risks; the only possibility consists in managing to demonstrate that the obligation hasn't been compelled due to reason for which the operator couldn't be held responsible. Besides as we have already mentioned before, criminal relevance of such omission of information couldn't be excluded. In fact, it's true that such omission

  20. Health Risk Assessment of Zone 7 Contaminated with Benzene in the Environmental Liability Generated by the “March 18th Ex-Refinery” in Mexico City

    Directory of Open Access Journals (Sweden)

    García-Villanueva Luis Antonio

    2014-07-01

    Full Text Available Benzene is a constituent of oil regarded as a potential carcinogen, and therefore a dangerous compound. Its risk increases when spills occur, added to the effect of gravity and high mobility, it’s infiltrated into the ground, reaching the phreatic area until dissolved, contaminating the water. The objective of this research was to evaluate the health risk of environmental liabilities caused by the contamination with benzene in the "Ex-refinery March 18" in Mexico City. For twenty years were carried out remediation work –which started since 2008– and today this space has been converted into a recreational park. This environmental liability is divided into seven zones for purposes of remediation, although in this case only was considered the 7 zone. It also, took into account only the concentration of this hydrocarbon (average, percentil 75 and 95 present in the soil. The results, –from a total of 642 samples from 122 soil profiles–, before the remediation –biospray with vapor extraction–, showed a health risk by depth between 1.2 to 7.2 m, from 1.69E–07 to 1.2 1.25E–05 m to 4.8 m, which coincides with the phreatic level of aquitard, was the place where the highest level of health risk is present. After remediation, the measurements yielded 4.07E–07 to 1.2 m and 3.85E–07 to 4.8 m. These values indicate that the mass of benzene before decontamination exceeded the risk considered acceptable, 1.0E–06 at a depth of 4.8 m; after that, reductions below the acceptable risk were achieved, which shows that the remnant hydrocarbon does not represent a health risk.

  1. Optimal medical outcomes with limited liability: risk management principles for medical practices at the intersection of medicine, law, and business.

    Science.gov (United States)

    Paterick, Timothy J; Paterick, Timothy E; Waterhouse, Blake E

    2007-01-01

    Physicians practice at the intersection of medicine, law, and business. Each discipline creates its own challenges for the practicing physician: to practice efficient, effective medicine; to limit potential liability; and to create a positive financial outcome. Those challenges increase with escalating costs and reduced reimbursements. In this paper, the common clinical presentation of chest pain has been used to create a paradigm to educate physicians to understand efficient and effective approaches to diagnosis and treatment, and how effective communication with patients and meticulous documentation of all medical encounters can limit the potential for liability. Ultimately, given today's reimbursement formulas, physicians must also understand the cost of testing, in relation to its benefits, in an attempt to yield a positive financial outcome.

  2. Considering Tort Liability for Breaches to Privacy of Patient Data-- Managing Risks of Applicability of Privacy Torts, and Especially the Tort of "Intrusion on Seclusion" in the Health Context.

    Science.gov (United States)

    Bromwich, Rebecca

    2016-05-01

    The mobile revolution is a watershed event across many fields, including health care. Now, electronic data storage, digital photography, smart phones and tablet devices present new opportunities for educators, researchers, and health care providers. Mobile technologies allow for new possibilities for physician collaboration as well as patient diagnosis, treatment and study. However, while it presents new opportunities, the mobile technological revolution in health care has brought about new risks to patient privacy. These risks to patients, in turn, translate into exposure to liability on the part of health care providers including physicians, allied health care professionals and institutions. This paper reviews recent developments in the legal landscape providing new forms of civil liability for breaches of privacy and discusses how risks of liability under those developing civil causes of action can be managed by health care providers, while they at the same time harness the potential of the mobile technological tide.

  3. QSAR modeling and data mining link Torsades de Pointes risk to the interplay of extent of metabolism, active transport, and HERG liability.

    Science.gov (United States)

    Broccatelli, Fabio; Mannhold, Raimund; Moriconi, Alessio; Giuli, Sandra; Carosati, Emanuele

    2012-08-06

    We collected 1173 hERG patch clamp (PC) data (IC50) from the literature to derive twelve classification models for hERG inhibition, covering a large variety of chemical descriptors and classification algorithms. Models were generated using 545 molecules and validated through 258 external molecules tested in PC experiments. We also evaluated the suitability of the best models to predict the activity of 26 proprietary compounds tested in radioligand binding displacement (RBD). Results proved the necessity to use multiple validation sets for a true estimation of model accuracy and demonstrated that using various descriptors and algorithms improves the performance of ligand-based models. Intriguingly, one of the most accurate models uncovered an unexpected link between extent of metabolism and hERG liability. This hypothesis was fairly reinforced by using the Biopharmaceutics Drug Disposition Classification System (BDDCS) that recognized 94% of the hERG inhibitors as extensively metabolized in vivo. Data mining suggested that high Torsades de Pointes (TdP) risk results from an interplay of hERG inhibition, extent of metabolism, active transport, and possibly solubility. Overall, these new findings might improve both the decision making skills of pharmaceutical scientists to mitigate hERG liability during the drug discovery process and the TdP risk assessment during drug development.

  4. [Perspectives in medical liability].

    Science.gov (United States)

    Pizarro W, Carlos

    2008-04-01

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

  5. Assets and Liabilities Management – Concept and Optimal Organization

    OpenAIRE

    Ciobotea Adina; Oaca Sorina Cristina

    2011-01-01

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

  6. D and O insurance for protection against the risk of personal liability in the electric power industry; Absicherung persoenlicher Haftungsrisiken in der Energiewirtschaft durch D and O-Versicherungen

    Energy Technology Data Exchange (ETDEWEB)

    Pisani, Christian [Mueller und Pisani - Rechtsanwaelte, Muenchen-Graefelfing (Germany)

    2010-12-15

    Current legislation makes higher demands on the management in the electric power industry, and there is an increasing risk of personal liability in case of infringement. Personal liability may be incurred already for organisational reasons, e.g. if the management failed to instal effective compliance programmes. Increasingly, companies take out so-called directors-and-officers insurances (D and O insurance) for their management. To avoid gaps in coverage, it is important to have detailed knowledge of the particularities of a D and O insurance.

  7. Superfund Site Information - Site Sampling Data

    Data.gov (United States)

    U.S. Environmental Protection Agency — This asset includes Superfund site-specific sampling information including location of samples, types of samples, and analytical chemistry characteristics of...

  8. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

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

  9. Corrective justice as a principle of civil liability

    OpenAIRE

    2015-01-01

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

  10. Liability exposure for surgical robotics instructors.

    Science.gov (United States)

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

    2012-01-01

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

  11. Professional liability claims against dentists

    National Research Council Canada - National Science Library

    Moscoso Matus, Karla; Smok Vásquez, Pía

    2015-01-01

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

  12. Air-water exchange of PAHs and OPAHs at a superfund mega-site.

    Science.gov (United States)

    Tidwell, Lane G; Blair Paulik, L; Anderson, Kim A

    2017-12-15

    Chemical fate is a concern at environmentally contaminated sites, but characterizing that fate can be difficult. Identifying and quantifying the movement of chemicals at the air-water interface are important steps in characterizing chemical fate. Superfund sites are often suspected sources of air pollution due to legacy sediment and water contamination. A quantitative assessment of polycyclic aromatic hydrocarbons (PAHs) and oxygenated PAH (OPAHs) diffusive flux in a river system that contains a Superfund Mega-site, and passes through residential, urban and agricultural land, has not been reported before. Here, passive sampling devices (PSDs) were used to measure 60 polycyclic aromatic hydrocarbons (PAHs) and 22 oxygenated PAH (OPAHs) in air and water. From these concentrations the magnitude and direction of contaminant flux between these two compartments was calculated. The magnitude of PAH flux was greater at sites near or within the Superfund Mega-site than outside of the Superfund Mega-site. The largest net individual PAH deposition at a single site was naphthalene at a rate of -14,200 (±5780) (ng/m(2))/day. The estimated one-year total flux of phenanthrene was -7.9×10(5) (ng/m(2))/year. Human health risk associated with inhalation of vapor phase PAHs and dermal exposure to PAHs in water were assessed by calculating benzo[a]pyrene equivalent concentrations. Excess lifetime cancer risk estimates show potential increased risk associated with exposure to PAHs at sites within and in close proximity to the Superfund Mega-site. Specifically, estimated excess lifetime cancer risk associated with dermal exposure and inhalation of PAHs was above 1 in 1 million within the Superfund Mega-site. The predominant depositional flux profile observed in this study suggests that the river water in this Superfund site is largely a sink for airborne PAHs, rather than a source. Copyright © 2017 Elsevier B.V. All rights reserved.

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

    Science.gov (United States)

    AGB Reports, 1985

    1985-01-01

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

  14. Historical Drawbacks of Limited Liability

    Directory of Open Access Journals (Sweden)

    Denis Boyle

    2016-07-01

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

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

    OpenAIRE

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

    2012-01-01

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

  16. Superfund: Interagency Agreements and Improved Project Management Needed to Achieve Cleanup Progress at Key Defense Installations

    Science.gov (United States)

    2010-07-01

    Superfund completing the remedial investigation, which would include a human and ecological risk assessment , feasibility study, proposed plan...EPA said that a human and ecological risk assessment —which would estimate how threatening a hazardous waste site is to human health and the

  17. LIABILITY AND RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    ELENA EMILIA STEFAN

    2012-05-01

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

  18. Superfund and Toxic Release Inventory Sites - SUPERFUND_IDEM_IN: Superfund Program Facilities in Indiana (Indiana Department of Environmental Management, Point Shapefile)

    Data.gov (United States)

    NSGIC GIS Inventory (aka Ramona) — SUPERFUND_IDEM_IN is a point shapefile that contains GPS-located Superfund Program facility locations in Indiana, provided by personnel of Indiana Department of...

  19. FEATURES OF PROFESSIONAL LIABILITY INSURANCE REALIZATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    О. Lobova

    2015-04-01

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

  20. Superfund National Priority List (NPL) Site Boundaries

    Data.gov (United States)

    U.S. Environmental Protection Agency — A set of site boundaries for each site in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont) on EPA's Superfund National...

  1. Postmarketing surveillance of abuse liability of sibutramine.

    Science.gov (United States)

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

    2003-03-01

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

  2. [Basic features of medical liability].

    Science.gov (United States)

    Niksić, Sasa

    2008-01-01

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

  3. Superfund record of decision (EPA Region 5): Ormet Corporation, Hannibal, OH, September 1994

    Energy Technology Data Exchange (ETDEWEB)

    1994-09-12

    The Record of Decision presents the selected remedy for the Ormet Corporation Superfund Site. The purpose of this remedy is to eliminate or reduce contamination in soils, sediments and ground water, and to reduce the risks associated with exposure to contaminated materials. This is the first and final remedy planned for the Site.

  4. Equity Duration and Interest Rate Risk Measure of Asset-Liability Portfolio%股票久期与资产组合的利率风险度量

    Institute of Scientific and Technical Information of China (English)

    蔡明超; 张富盛; 杨玮沁; 莫杰遥

    2011-01-01

    It has seldom been studied on quantitative measure of stock interest rate risk. The paper uses duration technique to measure portfolio interest rate risks under liability-driven investment. We first introduce Lewin and Satchell equity duration model, and establish an simple equity duration model under free cash flow to equity. Then we calculate the duration of Shanghai Securities Exchange 50 Index as 18 to 25 years under both models. Stock durations are applied in the interest rate risk measurement. Innovation in this paper is that we give a quantitative estimation of interest rate risk during asset and liability portfolio management.%股票利率风险的定量研究在中国尚不多见.论文采用久期技术探讨了资产组合利率风险测量与管理问题.论文创新之处在于建立了一个基于股权自由现金流的股票久期微观模型,对微观模型和基于消费资产定价的股票宏观久期进行了比较,以这两个模型为依据,计算出我国上证50指数成分股的总体久期值分别为18和25.

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

    Science.gov (United States)

    Winrow, Brian; Winrow, Amanda R

    2008-01-01

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

  6. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

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

  7. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding

    2014-01-01

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

  8. A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

    Directory of Open Access Journals (Sweden)

    Daniela POPESCU

    2010-01-01

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

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

    Science.gov (United States)

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

    1999-01-01

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

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

    Science.gov (United States)

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

    2017-02-01

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

  11. Superfund reform: US Environmental Protection Agency`s 30-day study and its implication for the US Department of Energy

    Energy Technology Data Exchange (ETDEWEB)

    Siegel, M.R.; Friedman, J.R.; Neff, R.W.

    1993-03-01

    As part of an ongoing effort to reform and restructure the US Environmental Protection Agency`s (EPAS) Superfund program, the EPA Administrator on October 21, 1991, announced several key programmatic reforms. These reforms are a result of the Superfund 30-Day Task Force Report (30-Day Study, EPA 1991a), an effort carried out by EPAs office of Solid Waste and Emergency Response (OSWER). The EPA OSWER oversees environmental cleanup activities under a number of statutory authorities, including the Comprehensive Environmental response, Compensation, and Liability Act (CERCLA, also known as Superfund). CERCLA and its implementing regulation, the National Contingency Plan (NCP), establish a regulatory framework to govern the cleanup of existing, and often abandoned, hazardous waste sites. The purposes of this report are to (1) review the background and recommendations of EPNs 30-Day Study, (2) identify and discuss the initiatives from the 30-Day Study that may impact DOE`s environmental restoration mission, (3) report on EPAs progress in implementing the selected priority initiatives, and (4) describe potentially related DOE activities.

  12. [Tort Liability and School Transportation.

    Science.gov (United States)

    Franke, Allyn J.

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

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

    Directory of Open Access Journals (Sweden)

    Brian V Nahed

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

  14. Biomonitoring for metal contamination near two Superfund sites in Woburn, Massachusetts, using phytochelatins

    Energy Technology Data Exchange (ETDEWEB)

    Gawel, James E.; Hemond, Harold F

    2004-09-01

    Characterizing the spatial extent of groundwater metal contamination traditionally requires installing sampling wells, an expensive and time-consuming process in urban areas. Moreover, extrapolating biotic effects from metal concentrations alone is problematic, making ecological risk assessment difficult. Our study is the first to examine the use of phytochelatin measurements in tree leaves for delimiting biological metal stress in shallow, metal-contaminated groundwater systems. Three tree species (Rhamnus frangula, Acer platanoides, and Betula populifolia) growing above the shallow groundwater aquifer of the Aberjona River watershed in Woburn, Massachusetts, display a pattern of phytochelatin production consistent with known sources of metal contamination and groundwater flow direction near the Industri-Plex Superfund site. Results also suggest the existence of a second area of contaminated groundwater and elevated metal stress near the Wells G and H Superfund site downstream, in agreement with a recent EPA ecological risk assessment. Possible contamination pathways at this site are discussed.

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

    Science.gov (United States)

    Feess, Eberhard

    2012-04-01

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

  16. Environmental Asbestos Assessment Manual Superfund Method for the Determination of Asbestos in Ambient Air Part 2: Technical Background Document

    Science.gov (United States)

    A sampling and analysis method for the determination of asbestos in air is presented in Part 1 of this report, under separate cover. This method is designed specifically to provide results suitable for supporting risk assessments at Superfund sites, although it is applicable t...

  17. Reference manual for toxicity and exposure assessment and risk characterization. CERCLA Baseline Risk Assessment

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-03-01

    The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, 1980) (CERCLA or Superfund) was enacted to provide a program for identifying and responding to releases of hazardous substances into the environment. The Superfund Amendments and Reauthorization Act (SARA, 1986) was enacted to strengthen CERCLA by requiring that site clean-ups be permanent, and that they use treatments that significantly reduce the volume, toxicity, or mobility of hazardous pollutants. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (USEPA, 1985; USEPA, 1990) implements the CERCLA statute, presenting a process for (1) identifying and prioritizing sites requiring remediation and (2) assessing the extent of remedial action required at each site. The process includes performing two studies: a Remedial Investigation (RI) to evaluate the nature, extent, and expected consequences of site contamination, and a Feasibility Study (FS) to select an appropriate remedial alternative adequate to reduce such risks to acceptable levels. An integral part of the RI is the evaluation of human health risks posed by hazardous substance releases. This risk evaluation serves a number of purposes within the overall context of the RI/FS process, the most essential of which is to provide an understanding of ``baseline`` risks posed by a given site. Baseline risks are those risks that would exist if no remediation or institutional controls are applied at a site. This document was written to (1) guide risk assessors through the process of interpreting EPA BRA policy and (2) help risk assessors to discuss EPA policy with regulators, decision makers, and stakeholders as it relates to conditions at a particular DOE site.

  18. Liability for Diagnosing Malingering.

    Science.gov (United States)

    Weiss, Kenneth J; Van Dell, Landon

    2017-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Arghya Kusum Mukherjee

    2014-12-01

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

  20. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE

    2011-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Stanisław Hońko

    2016-07-01

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

  2. Assets and Liabilities Optimization Model of the Risk Control Based on Nonlinear Interval Number%基于非线性区问数风险控制的资产负债优化模型

    Institute of Scientific and Technical Information of China (English)

    冯宝军; 闰达文; 迟国泰

    2012-01-01

    现有研究把存、贷款利率视为常数,无法使资产配置的优化结果适应未来市场利率的变化。本文的资产负债管理优化模型通过资产与负债的区间数的持续期缺口建立了区间型利率风险免疫条件,使资产的最优配置在资产与负债的收益率变化时仍能免疫利率风险。研究表明本文引入的持效期缺口区间的偏向选择参数7决定预留缺口是赚钱还是亏钱。γ取值0.5时缺口区间两端点的绝对值最小;γ越大于0.5时,正缺口越大,在利率下降时就越赚钱。γ越小于0.5时,负缺口越大,在利率上升时就越赚钱。而区间长度选择参数γ决定损益的大小;揭示了在积极的利率风险管理策略中,选择较小的λ会获得较多的风险收益。另一方面,本文通过相关系数组合半绝对离差建立了非线性区间型组合风险的函数表达式,改变了现有研究线性区间型算法将各笔贷款风险进行简单线性加权、进而夸大了组合信用风险的弊端。%The unreasonable status that deposit and lending rates are considered as constants m existing literature couldn't immune future interest rate risk, in case deposit and lending rates would be changing. In our assets and liabilities optimization model, we construct the immune constrain of interval interest rate through duration gap of interval numbers of asset and liability, which makes the assets' allocation be immune to interest rate risk with a changing yield of asset and liability. The study shows that interval-biased selection parameter γ of duration gap decides whether the reserved gap makes money or loses money. The result is the interval-biased selection parameter γ of duration gap is 0.5, the absolute value of both ends of gap interval is in minimum; the more γ is greater than 0.5, the larger positive gap is, and more money is earned when interest rate declines ; The more γ is less than 0.5, the

  3. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină

    2012-05-01

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

  4. 76 FR 73622 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2011-11-29

    ... pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State..., indemnity pool, or insurance mechanism to provide financing for response actions under a state or tribal... their awareness and knowledge regarding the importance of monitoring engineering and institutional...

  5. 75 FR 69992 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2010-11-16

    ... mechanism to provide financing for response actions under a State or Tribal response program. II. Background... pool, indemnity pool, or insurance mechanism to provide financing for response actions under a state or... outreach to local communities to increase their awareness and knowledge regarding the importance of...

  6. 78 FR 73525 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2013-12-06

    ... Section V of this guidance; or be a party to a voluntary response program Memorandum of Agreement (VRP MOA) \\6\\ with EPA; and \\6\\ States or tribes that are parties to VRP MOAs and that maintain and make...) recipients that do not have a VRP MOA with EPA must demonstrate that their response program includes, or is...

  7. 77 FR 69827 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2012-11-21

    ... to voluntary response program Memorandum of Agreement (VRP MOA) \\6\\ with EPA; \\6\\ States or tribes that are parties to VRP MOAs and that maintain and make available a public record are automatically... not have a VRP MOA with EPA must demonstrate that their response program includes, or is taking...

  8. Remediation of the Wells G & H Superfund Site, Woburn, Massachusetts.

    Science.gov (United States)

    Bair, E Scott; Metheny, Maura A

    2002-01-01

    Remediation of ground water and soil contamination at the Wells G & H Superfund Site, Woburn, Massachusetts, uses technologies that reflect differences in hydrogeologic settings, concentrations of volatile organic compounds (VOCs), and costs of treatment. The poorly permeable glacial materials that overlie fractured bedrock at the W.R. Grace property necessitate use of closely spaced recovery wells. Contaminated ground water is treated with hydrogen peroxide and ultraviolet (UV) oxidation. At UniFirst, a deep well completed in fractured bedrock removes contaminated ground water, which is treated by hydrogen peroxide, UV oxidation, and granular activated carbon (GAC). The remediation system at Wildwood integrates air sparging, soil-vapor extraction, and ground water pumping. Air stripping and GAC are used to treat contaminated water; GAC is used to treat contaminated air. New England Plastics (NEP) uses air sparging and soil-vapor extraction to remove VOCs from the unsaturated zone and shallow ground water. Contaminated air and water are treated using separate GAC systems. After nine years of operation at W.R. Grace and UniFirst, 30 and 786 kg, respectively, of VOCs have been removed. In three years of operation, 866 kg of VOCs have been removed at Wildwood. In 15 months of operation, 36 kg of VOCs were removed at NEP. Characterization work continues at the Olympia Nominee Trust, Whitney Barrel, Murphy Waste Oil, and Aberjona Auto Parts properties. Risk assessments are being finalized that address heavy metals in the floodplain sediments along the Aberjona River that are mobilized from the Industri-Plex Superfund Site located a few miles upstream.

  9. 基于全部资产负债利率风险免疫优化的增量资产组合决策模型%The Incremental Portfolio Decision-Making Model Based on the Interest Rate Risk Immune Optimizing of Total Assets and Liabilities

    Institute of Scientific and Technical Information of China (English)

    迟国泰; 张玉玲; 王元斌

    2011-01-01

    市场利率的变化导致银行资产与负债的价值均发生变化,进而导致银行的所有者权益发生变化引起银行股东财富的风险.因此利率风险免疫对商业银行具有极其重要的作用.本文通过建立银行净值的变化与增量资产负债和存量资产负债持续期的函数关系式,提出了全部组合资产负债利率风险免疫优化条件.以全部组合资产负债的持续期缺口与零的偏差最小为第一目标,以银行全部资产的利息收益最大为第二目标,以监管当局的政策法规为约束务件,建立了基于全部资产负债利率风险免疫优化的增量资产组合决策模型.本文的创新与特色一是通过构建银行净价值与全部资产负债组合持续期的函数关系来建立利率免疫条件,解决了银行增量资产组合配给时、资产增量组合与存量组合构成的全部组合的总体风险控制问题.这就改变了现有研究仅仅立足增量资产与负债的局部风险控制的做法.二是通过用存量资产负债的剩余期限替换现有研究持续期表达式中的期限,得到了既反映增量资产负债持续期、又反映存量资产负债持续期的通用表达式,解决了资产负债增量组合与存量组合构成的全部组合的风险的测量问题.%Asset liability management method regards asset and liability as parts of an integrated investment portfolio, and manages them together to control risks and resource distribution. The method can help investors maximize their returns at an acceptable risk level by coordinating the relationships among capital use, liquidity, security and profitability.Changes of market interest rates can cause changes of a bank's asset and liability values, thereby affecting a bank's equity and shareholder wealth. Thus, interest risk immunization plays an important role for a bank to manage its clients' asset and liability. This paper proposes that optimal conditions to manage interest

  10. 26 CFR 1.752-1 - Treatment of partnership liabilities.

    Science.gov (United States)

    2010-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Yee Loon Mun

    2016-12-01

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

  12. Feasibility study for the United Heckathorn Superfund Site, Richmond, California

    Energy Technology Data Exchange (ETDEWEB)

    Lincoff, A.H. [US Environmental Protection Agency, San Francisco, CA (United States). Region IX; Costan, G.P.; Montgomery, M.S.; White, P.J. [Pacific Northwest Lab., Richland, WA (United States)

    1994-07-01

    The United Heckathom Superfund Site in Richmond, California, was used to formulate pesticides from approximately 1947 to 1966. Soils at the site and sediments in the harbor were contaminated with various chlorinated pesticides, primarily DDT, as a result of these activities. The US Environmental Protection Agency listed the site on the Superfund National Priorities List in 1990. This document is part of the Remedial Investigation and Feasibility Study phase of the Superfund response, which will provide the basis for selection of a final remedy that will protect human health and the environment and achieve compliance with federal and state envirorunental laws.

  13. Fiscal Liability of State Contractors

    Directory of Open Access Journals (Sweden)

    Santiago Fajardo-Peña

    2017-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Hui-qiang Ma

    2013-01-01

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

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

    OpenAIRE

    Memmel, Christoph; Schertler, Andrea

    2009-01-01

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

  16. Report: Remedial Project Manager Turnover at Superfund Sites

    Science.gov (United States)

    Report #2001-M-000015, June 15, 2001. We determined that EPA Region III did not have formal procedures in place to mitigate continuity problems caused by turnover of EPA personnel in the Superfund program.

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

    Science.gov (United States)

    Galán Gutiérrez, J C; Galán Cortés, J C

    2013-10-01

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

  18. Corporate Architecture and Limited Liability

    NARCIS (Netherlands)

    Couwenberg, Oscar

    2007-01-01

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

  19. Liability for Malpractice in Education.

    Science.gov (United States)

    Loscalzo, Theresa E.

    1985-01-01

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

  20. Mining-related sediment and soil contamination in a large Superfund site: Characterization, habitat implications, and remediation

    Science.gov (United States)

    Juracek, Kyle E.; Drake, K. D.

    2016-01-01

    Historical mining activity (1850–1970) in the now inactive Tri-State Mining District provided an ongoing source of lead and zinc to the environment including the US Environmental Protection Agency Superfund site located in Cherokee County, southeast Kansas, USA. The resultant contamination adversely affected biota and caused human health problems and risks. Remediation in the Superfund site requires an understanding of the magnitude and extent of contamination. To provide some of the required information, a series of sediment and soil investigations were conducted in and near the Superfund site to characterize lead and zinc contamination in the aquatic and floodplain environments along the main-stem Spring River and its major tributaries. In the Superfund site, the most pronounced lead and zinc contamination, with concentrations that far exceed sediment quality guidelines associated with potential adverse biological effects, was measured for streambed sediments and floodplain soils located within or downstream from the most intensive mining-affected areas. Tributary streambeds and floodplains in affected areas are heavily contaminated with some sites having lead and zinc concentrations that are an order of magnitude (or more) greater than the sediment quality guidelines. For the main-stem Spring River, the streambed is contaminated but the floodplain is mostly uncontaminated. Measured lead and zinc concentrations in streambed sediments, lakebed sediments, and floodplain soils documented a persistence of the post-mining contamination on a decadal timescale. These results provide a basis for the prioritization, development, and implementation of plans to remediate contamination in the affected aquatic and floodplain environments within the Superfund site.

  1. Mining-Related Sediment and Soil Contamination in a Large Superfund Site: Characterization, Habitat Implications, and Remediation.

    Science.gov (United States)

    Juracek, K E; Drake, K D

    2016-10-01

    Historical mining activity (1850-1970) in the now inactive Tri-State Mining District provided an ongoing source of lead and zinc to the environment including the US Environmental Protection Agency Superfund site located in Cherokee County, southeast Kansas, USA. The resultant contamination adversely affected biota and caused human health problems and risks. Remediation in the Superfund site requires an understanding of the magnitude and extent of contamination. To provide some of the required information, a series of sediment and soil investigations were conducted in and near the Superfund site to characterize lead and zinc contamination in the aquatic and floodplain environments along the main-stem Spring River and its major tributaries. In the Superfund site, the most pronounced lead and zinc contamination, with concentrations that far exceed sediment quality guidelines associated with potential adverse biological effects, was measured for streambed sediments and floodplain soils located within or downstream from the most intensive mining-affected areas. Tributary streambeds and floodplains in affected areas are heavily contaminated with some sites having lead and zinc concentrations that are an order of magnitude (or more) greater than the sediment quality guidelines. For the main-stem Spring River, the streambed is contaminated but the floodplain is mostly uncontaminated. Measured lead and zinc concentrations in streambed sediments, lakebed sediments, and floodplain soils documented a persistence of the post-mining contamination on a decadal timescale. These results provide a basis for the prioritization, development, and implementation of plans to remediate contamination in the affected aquatic and floodplain environments within the Superfund site.

  2. Mining-Related Sediment and Soil Contamination in a Large Superfund Site: Characterization, Habitat Implications, and Remediation

    Science.gov (United States)

    Juracek, K. E.; Drake, K. D.

    2016-10-01

    Historical mining activity (1850-1970) in the now inactive Tri-State Mining District provided an ongoing source of lead and zinc to the environment including the US Environmental Protection Agency Superfund site located in Cherokee County, southeast Kansas, USA. The resultant contamination adversely affected biota and caused human health problems and risks. Remediation in the Superfund site requires an understanding of the magnitude and extent of contamination. To provide some of the required information, a series of sediment and soil investigations were conducted in and near the Superfund site to characterize lead and zinc contamination in the aquatic and floodplain environments along the main-stem Spring River and its major tributaries. In the Superfund site, the most pronounced lead and zinc contamination, with concentrations that far exceed sediment quality guidelines associated with potential adverse biological effects, was measured for streambed sediments and floodplain soils located within or downstream from the most intensive mining-affected areas. Tributary streambeds and floodplains in affected areas are heavily contaminated with some sites having lead and zinc concentrations that are an order of magnitude (or more) greater than the sediment quality guidelines. For the main-stem Spring River, the streambed is contaminated but the floodplain is mostly uncontaminated. Measured lead and zinc concentrations in streambed sediments, lakebed sediments, and floodplain soils documented a persistence of the post-mining contamination on a decadal timescale. These results provide a basis for the prioritization, development, and implementation of plans to remediate contamination in the affected aquatic and floodplain environments within the Superfund site.

  3. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    Science.gov (United States)

    Bărcan, Cristian

    2015-01-01

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

  4. ACCOUNTING ESTIMATION OF LIABILITIES OF ENVIRONMENTAL ACTIVITY

    Directory of Open Access Journals (Sweden)

    D. Ulianova

    2014-12-01

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

  5. 利率风险控制视角下的商业银行资产负债优化管理研究%A Study on the Optimal Management of Commercial Banks’ Assets and Liabilities in the Perspective of Interest Rate Risk Control

    Institute of Scientific and Technical Information of China (English)

    郭传辉; 胡丽君

    2015-01-01

    In the background of deepening the reform of the financial market ,the market -oriented reform of interest rate as one of the important marketing content is gradually advancing ,and the effecting of inter‐est rate risk on financial institutions increased gradually .As an important objective of the commercial banks’ asset liability management ,risk control management is attached more and more importance .This paper aims to estimate short‐term future market interest rate changes simply and effectively ,mainly gets through the establishment of a VaR control reserved gap of asset liability portfolio optimization model based on using historical data ,and puts the application of examples to find the optimal solution of the allo‐cation of assets and liabilities of commercial banks w hich expects achieve the goal of the management of as‐sets and liabilities .%目前,利率市场化改革作为重要的市场化内容之一正在逐步推进,商业银行面临的利率风险逐步增大;商业银行资产负债优化管理以风险控制管理作为其重要目标,其重要性越来越得到重视。文章主要通过建立一个基于VaR控制预留缺口的资产负债组合优化模型,利用历史数据简单有效地估计短期未来市场利率的变化,并通过实例应用得出商业银行资产负债分配的最优方案从而达到资产负债管理的目标。

  6. 77 FR 13603 - Anniston PCB Superfund Site; Anniston, Calhoun County, AL; Correction

    Science.gov (United States)

    2012-03-07

    ... AGENCY Anniston PCB Superfund Site; Anniston, Calhoun County, AL; Correction AGENCY: Environmental... concerning the Anniston PCB Superfund Site located in Anniston. The settlement is not an amendment, but a new... name Anniston PCB by one of the following methods:...

  7. Cleanups In My Community (CIMC) - Superfund National Priority List (NPL) Sites, National Layer

    Data.gov (United States)

    U.S. Environmental Protection Agency — This data layer provides access to Superfund National Priority List Sites as part of the CIMC web service. Superfund is a program administered by the EPA to locate,...

  8. 78 FR 729 - Ellman Battery Superfund Site; Orlando, Orange County, FL; Notice of Settlement

    Science.gov (United States)

    2013-01-04

    ... From the Federal Register Online via the Government Publishing Office ENVIRONMENTAL PROTECTION AGENCY Ellman Battery Superfund Site; Orlando, Orange County, FL; Notice of Settlement AGENCY... concerning a previous Removal Action at the Ellman Battery Superfund Site located in Orlando, Orange...

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

    Directory of Open Access Journals (Sweden)

    Cociuba Mihail Ioan

    2014-12-01

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

  10. 基于债务风险的政府或有负债会计信息披露:国际经验与中国现实%Accounting Information Disclosure of Government Contingent Liability Based on Debt Risks:International Experience and the Reality of China

    Institute of Scientific and Technical Information of China (English)

    马蔡琛; 尚妍

    2016-01-01

    或有负债可能引发的债务风险是导致政府财政危机的重要因素。当前我国的政府会计及报告体系未能有效地规范或有负债的信息披露,尤其在政府或有负债的确认、计量和报告上,存在着诸多管理真空。借鉴国际经验,需要从以下方面规范政府或有负债的会计信息披露:依据或有事项的发生可能性、事项性质、能否可靠计量等因素进行分类报告;在负债确认后加以持续关注;结合财务核算能力,对计量方法和报告方式做出具体规定;逐步完善政府会计基础向权责发生制转变;推进将或有负债纳入全口径预算管理。%The debt risk caused by contingent liability is an important factor leading to governments' debt crisis. The current governmental accounting and reporting system fails to regulate the disclosure of contingent liability. Especially there are a lot of governance vacuums in the confirmation,measurement and reporting of government's contingent liability. Learning from inter-national experience,we should regulate the accounting information disclosure of government's contingent liability from the fol-lowing aspects:reporting in different classifications based on the possibilities and properties of contingencies,as well as whether they can be measured reliably or not;keeping attention after the liability is recognized;making specific provisions for methods of measurement and reporting based on financial accounting capacity;gradually improving the government accounting basis into accrual basis;bringing contingent liability into full-covered budget management.

  11. Identifying and Managing Risk.

    Science.gov (United States)

    Abraham, Janice M.

    1999-01-01

    The role of the college or university chief financial officer in institutional risk management is (1) to identify risk (physical, casualty, fiscal, business, reputational, workplace safety, legal liability, employment practices, general liability), (2) to develop a campus plan to reduce and control risk, (3) to transfer risk, and (4) to track and…

  12. Novel triple reuptake inhibitors with low risk of CAD associated liabilities: design, synthesis and biological activities of 4-[(1S)-1-(3,4-dichlorophenyl)-2-methoxyethyl]piperidine and related compounds.

    Science.gov (United States)

    Ishichi, Yuji; Kimura, Eiji; Honda, Eiji; Yoshikawa, Masato; Nakahata, Takashi; Terao, Yasuko; Suzuki, Atsuko; Kawai, Takayuki; Arakawa, Yuuichi; Ohta, Hiroyuki; Kanzaki, Naoyuki; Nakagawa, Hideyuki; Terauchi, Jun

    2013-08-01

    A novel triple reuptake inhibitor with low potential of liabilities associated with cationic amphiphilic drug (CAD) was identified following an analysis of existing drugs. Low molecular weight (MW liabilities (CYP2D6 inhibition, hERG inhibition and phospholipidosis). Based on the hypothesis, a series of piperidine compounds was designed with consideration of the common characteristic features of CNS drugs. Optimization of the side chain by adjusting overall lipophilicity suggested that incorporation of a methoxymethyl group could provide compounds with a balance of both potent reuptake inhibition and low liability potential. Compound (S)-3a showed a potent antidepressant-like effect in the mice tail suspension test (MED = 10 mg/kg, p.o.), proportional monoamine transporter occupancies and enhancement of monoamine concentrations in mouse prefrontal cortex.

  13. Reputation asset and environmental liability

    OpenAIRE

    Sjöblom, Rolf; Lindskog, Staffan

    2014-01-01

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

  14. 78 FR 13056 - Proposed CERCLA Administrative Cost Recovery Settlement; in re: Factory H Superfund Site, Meriden...

    Science.gov (United States)

    2013-02-26

    ... AGENCY Proposed CERCLA Administrative Cost Recovery Settlement; in re: Factory H Superfund Site, Meriden...)(1) concerning the Factory H Superfund Site in Meriden, Connecticut (``Site'') with the following... refer to the Factory H Superfund Site, U.S. EPA Docket No. CERCLA-01-2012-0112. FOR FURTHER...

  15. 75 FR 53694 - Florida Petroleum Reprocessors Superfund Site; Davie, Broward County, FL; Notice of Settlement

    Science.gov (United States)

    2010-09-01

    ...] Florida Petroleum Reprocessors Superfund Site; Davie, Broward County, FL; Notice of Settlement AGENCY... Florida Petroleum Reprocessors Superfund Site located in Davie, Broward County, Florida for publication..., identified by Docket ID No. EPA-RO4- SFUND-2010-0729 or Site name Florida Petroleum Reprocessors Superfund...

  16. 77 FR 8255 - Constitution Road Drum Superfund Site, Atlanta, Dekalb County, GA; Notice of Settlement

    Science.gov (United States)

    2012-02-14

    ... AGENCY Constitution Road Drum Superfund Site, Atlanta, Dekalb County, GA; Notice of Settlement AGENCY... entered into a settlement for past response costs concerning the Constitution Road Drum Superfund Site... available from Ms. Paula V. Painter. Submit your comments by Site name Constitution Road Drum Superfund...

  17. Valuers’ Liability in Mortgage Valuation

    Directory of Open Access Journals (Sweden)

    Gabriel Babawale

    2013-05-01

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

  18. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    Directory of Open Access Journals (Sweden)

    M. Malik

    2014-03-01

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

  19. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    OpenAIRE

    Malik, M.; I. Semenchuk

    2014-01-01

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

  20. Liability Issues Concerning Self-Driving Vehicles

    OpenAIRE

    Lohmann, Melinda Florina

    2015-01-01

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

  1. Field analytical support during Superfund site remediation

    Energy Technology Data Exchange (ETDEWEB)

    Goldschmidt, W.L.; Catherman, D.R. [Environmental Resources Management, Inc., Exton, PA (United States)

    1995-12-31

    ERM-FAST{reg_sign} Services has provided cost-effective and critical field analytical support for a wide variety of investigatory and remedial projects over the past four years. Two recent projects involving soils remediation at Superfund sites exemplify the power of real time field analytical support in reducing time and expense during a project`s remedial phase. ERM-FAST on-site analytical facilities were able to meet, in a real time scenario, all data quality objectives (DQOs), all regulatory agency requirements, and satisfied the client`s needs. ERM-FAST made this possible through the development of unique analytical strategies, the proper selection of analytical technologies, and by streamlining the analytical methodologies. Both of these remedial efforts offer illustrations of the effectiveness of field analysis for vastly differing site contaminants. This case study focuses on the use of portable Gas Chromatography (GC) instrumentation as a tool for providing analytical support during a CERCLA site remediation program. The project discussed provides an example of how low cost portable analytical instrumentation can be utilized in a field setting to meet analytical DQOs consistent with CERCLA compliance and to meet the requirements for remedial activity cost control. Substantial savings were realized both by reducing total project analytical cost, and by efficient and effective process and schedule management.

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

    OpenAIRE

    Moerman, L.; S. van der Laan

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    ANDRADA MIHAELA TRUSCA

    2012-05-01

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

  4. 31 CFR 100.7 - Treasury's liability.

    Science.gov (United States)

    2010-07-01

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

  5. EMPLOYEE GROUP PROPERTY AND LIABILITY INSURANCE.

    Science.gov (United States)

    FIELD, IRVING M.

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

  6. A Danish Twin Study of Schizophrenia Liability

    DEFF Research Database (Denmark)

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

    2016-01-01

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

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

    Science.gov (United States)

    Black, Richard

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

  8. Personal Liability of Trustees of Educational Institutions

    Science.gov (United States)

    Porth, William C.

    1973-01-01

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

  9. 5 CFR 2634.305 - Liabilities.

    Science.gov (United States)

    2010-01-01

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

  10. CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

    Directory of Open Access Journals (Sweden)

    Gârbo Viorica Irina

    2013-07-01

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

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

    Science.gov (United States)

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

    2017-02-01

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

  12. [The civil liability of obstetricians].

    Science.gov (United States)

    Uphoff, R; Hindemith, J

    2011-12-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1995-02-27

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

  14. The hidden carbon liability of Indonesian palm oil

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-05-15

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

  15. SUPERFUND GROUND WATER ISSUE - ACCURACY OF DEPTH TO WATER MEASUREMENTS

    Science.gov (United States)

    Accuracy of depth to water measurements is an issue identified by the Forum as a concern of Superfund decision-makers as they attempt to determine directions of ground-water flow, areas of recharge of discharge, the hydraulic characteristics of aquifers, or the effects of manmade...

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

    Energy Technology Data Exchange (ETDEWEB)

    Reuter, A.

    1991-01-30

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

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

    Science.gov (United States)

    2010-04-01

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

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

    Science.gov (United States)

    Udelsmann, Artur

    2002-01-01

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

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

    Science.gov (United States)

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

    2017-06-06

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

  20. European Regulation on Rating Agencies: Liability Profiles

    National Research Council Canada - National Science Library

    Carlotta Rinaldo

    2017-01-01

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

  1. Letter on Decontamination and First Responder Liability

    Science.gov (United States)

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

  2. Risk analysis and liabilities related to CO{sup 2} capture and sequestration in oil reservoirs; Analise de riscos e responsabilidades relacionadas a captura e sequestro de CO2 em reservatorios petroliferos

    Energy Technology Data Exchange (ETDEWEB)

    Costa, Andre Ribeiro [Shell Brasil Ltda., Rio de Janeiro, RJ (Brazil)

    2008-07-01

    Although until the present moment there are no initiatives known to the public regarding carbon capture and sequestration projects to be performed in Brazil, this technique has gained great projection internationally as an initiative that makes it possible to meet the growing energetic and industrial needs of the world while mitigating the release of harmful emissions to the atmosphere. Considering its relevance and the interest of companies and countries in this activity, this paper intends to briefly analyze, from the Brazilian law perspective, the liabilities that would bind companies if they already performed carbon capture and storage in Brazil today. (author)

  3. Microcredit Contracts, Risk Diversification and Loan Take-Up

    NARCIS (Netherlands)

    Attanasio, O.; Augsburg, B.; de Haas, Ralph

    2016-01-01

    We study theoretically and empirically the demand for microcredit under different liability arrangements and risk environments. A simple theoretical model shows that the demand for joint-liability loans can exceed that for individual-liability loans when risk-averse borrowers value their long-term

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

    Science.gov (United States)

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

    2017-06-01

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

  5. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Laya Joneydi

    2015-05-01

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

  7. A Study on a Programming Model for Bank Asset and Liability Management Based on CreditRisk+%基于CreditRisk+的银行全面资产负债管理目标规划模型研究

    Institute of Scientific and Technical Information of China (English)

    张海明; 马永开

    2006-01-01

    商业银行风险管理决策本身是个多目标决策过程.在以往运用多目标线性规划模型进行资产负债管理的研究中,大都局限于资产负债表内业务和利率风险控制,本文将目标规划模型的应用拓展至表外业务,以衡量贷款损失的CSFP CreditRisk+(信用风险附加法)计算的贷款损失充足率为约束,以法律,法规和经营管理为条件,建立了基于CreditRisk+的银行全面资产负债管理目标规划模型并分析了该模型的有效性和敏感性,为银行风险管理提供了决策依据.

  8. Clinical safety and professional liability claims in Ophthalmology.

    Science.gov (United States)

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

    2017-06-29

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

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

    OpenAIRE

    Masuoka, Toshiya

    1990-01-01

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

  10. [Current issues in medical liability].

    Science.gov (United States)

    Kaatsch, H J

    1987-01-01

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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  12. Liability for industrial disasters: law and democracy

    Energy Technology Data Exchange (ETDEWEB)

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

    1998-07-01

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

  13. MINISTERIAL LIABILITY IN THE ROMANIAN CONSTITUTIONAL SYSTEM

    Directory of Open Access Journals (Sweden)

    NICOLAE PAVEL

    2013-05-01

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

  14. 77 FR 11533 - Anniston PCB Superfund Site, Anniston, Calhoun County, Alabama; Notice of Amended Settlement

    Science.gov (United States)

    2012-02-27

    ... AGENCY Anniston PCB Superfund Site, Anniston, Calhoun County, Alabama; Notice of Amended Settlement... Agency has entered into a settlement for past response costs concerning the Anniston PCB Superfund Site... available from Ms. Paula V. Painter. Submit your comments by Site name Anniston PCB by one of the...

  15. 75 FR 81269 - Ward Transformer Superfund Site Raleigh, Wake County, NC; Notice of Settlements

    Science.gov (United States)

    2010-12-27

    ... AGENCY Ward Transformer Superfund Site Raleigh, Wake County, NC; Notice of Settlements AGENCY... Ward Transformer Superfund Site located in Raleigh, Wake County, North Carolina for publication. DATES... your comments, identified by Docket ID No. EPA-RO4- SFUND-2010-1053 or Site name Ward...

  16. 78 FR 14543 - Ward Transformer Superfund Site; Raleigh, Wake County, NC; Notice of Settlement

    Science.gov (United States)

    2013-03-06

    ... AGENCY Ward Transformer Superfund Site; Raleigh, Wake County, NC; Notice of Settlement AGENCY... Agency has entered into a settlement at the Ward Transformer Superfund Site located in Raleigh, Wake... EPA Region 4 contact Ms. Paula V. Painter. Submit your comments by Site name Ward...

  17. Remediation System Evaluation, McCormick and Baxter Superfund SiteRemediation System Evaluation, McCormick and Baxter Superfund Site

    Science.gov (United States)

    The McCormick and Baxter Creosoting Company, Portland Plant, Superfund Site is located adjacent tothe Willamette River in Portland, Oregon and addresses contamination of soil, groundwater, and riversediments stemming from creosoting operations...

  18. Global Cities and Liability of Foreignness

    DEFF Research Database (Denmark)

    Wernicke, Georg; Mehlsen, Kristian

    2016-01-01

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

  19. Evidence that familial liability for psychosis is expressed as differential sensitivity to cannabis - an analysis of patient-sibling and sibling-control pairs

    NARCIS (Netherlands)

    Kahn, Rene S.; Linszen, Don H.; van Os, Jim; Wiersma, Durk; Bruggeman, Richard; Cahn, Wiepke; de Haan, Lieuwe; Krabbendam, Lydia; Myin-Germeys, Inez

    2011-01-01

    Context: Individual differences in cannabis sensitivity may be associated with genetic risk for psychotic disorder. Objectives: To demonstrate and replicate, using 2 conceptually different genetic epidemiological designs, that (familial) liability to psychosis is associated with sensitivity to canna

  20. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

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

    2009-01-01

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

  1. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

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

    2009-01-01

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

  2. 47 CFR 64.1140 - Carrier liability for slamming.

    Science.gov (United States)

    2010-10-01

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

  3. 37 CFR 10.78 - Limiting liability to client.

    Science.gov (United States)

    2010-07-01

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

  4. Educational Risk Management: Eliminate, Assume, or Transfer.

    Science.gov (United States)

    Shoop, Robert J.; Dunklee, Dennis R.

    1989-01-01

    An Educational Risk Management Plan (ERMP) should be incorporated throughout every school district. Discusses property and liability insurance classifications and features of a good ERMP. (12 references) (MLF)

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

    Energy Technology Data Exchange (ETDEWEB)

    Kissich, S.

    2004-07-01

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

  6. Misrepresentation and the Liability of Universities

    Science.gov (United States)

    Katter, Norman

    2006-01-01

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

  7. Law, liability, and public health emergencies.

    Science.gov (United States)

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

    2009-06-01

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

  8. 7 CFR 3565.505 - Liability.

    Science.gov (United States)

    2010-01-01

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

  9. Weighing up the EC Environmental Liability Directive

    NARCIS (Netherlands)

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

    2008-01-01

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

  10. Preventive Medicine: Safeguards against Virus Liability Cases.

    Science.gov (United States)

    Thomas, Phyllis L.; And Others

    1991-01-01

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

  11. 40 CFR 265.147 - Liability requirements.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Slezáková Andrea

    2017-06-01

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

  13. Environmental liability on the risk of hazardous meterials. (2). ; Problems and trends in the international companies, especially with regards to the techniques and law of insurances (from the lst international congress on safety science). Kikenbusshitsu risk ni taisuru kankyo sekinin. (2). ; Kokusai hikaku ni okeru mondaiten to keiko, oyobi koreyori shozuru hoken gijutsu to hokenhojo no mondaiten (daiikkai anzen kogaku kokusai kaigi kara shoyaku)

    Energy Technology Data Exchange (ETDEWEB)

    Shimizu, H. (Yokohama National University, Yokohama (Japan). Faculty of Engineering)

    1991-10-15

    An environmental liability act was promulgated in the European Community where the regulation on air, water, soils and foods, and the liability provisions are increasingly tightened. This paper introduces the Conditions in Germany'' for the circumstances thereabout as seen from the insurance company point of view, using an extract from the presentations at the lst International Safety Engineerings Conference. In Germany, the consciousness to the problem of Altlasten'' (inadequate disposition areas) has been heightened since about 1983. This has made the problems of soil and ground water contamination handled in more advanced ways, whereas the criterion values are not fixed but incessantly revised downwards, causing a situation embarrassing for insurance companies in how to handle liabilities of unspecified number og parties on the pollutions accumulated over many years. The new environmental act is unified under one common concept from the water quality control act to the gene technologies act. For instance in the gene technologies act enforced in July 1990, all the related operations must follow the intentions of the law makers, and are subject to statutory regulations. Liabilities must be fulfilled on any damage that even operators and scientists were not able to be aware of.

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

    Science.gov (United States)

    Roller, Sarah; Pippins, Raqiyyah

    2010-01-01

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

  15. A review of the Texas, USA San Jacinto Superfund site and the deposition of polychlorinated dibenzo-p-dioxins and dibenzofurans in the San Jacinto River and Houston Ship Channel.

    Science.gov (United States)

    Iyer, Rupa; Aggarwal, Juhi; Iken, Brian

    2016-12-01

    The San Jacinto River (SJR) waste pits that lie just under the 1-10 overpass in eastern Harris County east of Houston, Texas, USA, were created in the 1960s as dumping grounds for paper mill waste. The deposition of this waste led to accumulation of highly toxic polychlorinated dibenzo-p-dioxins and dibenzofurans (PCCDDs/PCDFs) over the course of several decades. After abandonment, the waste material eventually became submerged under the waters of the SJR, resulting in widespread environmental contamination that currently constitutes a significant health concern for eastern Harris County communities. The original waste pits were rediscovered in 2005, and the San Jacinto waste site is now a designated EPA superfund site. The objective of this review then is to discuss the history and current state of containment around the San Jacinto waste pits and analyze spatial and temporal trends in the PCDD/PCDF deposition through the SJR system from the data available. We will discuss the current exposure and health risks represented by the Superfund site and the SJR system itself, as well as the discovery of liver, kidney, brain (glioma), and retinoblastoma cancer clusters in eastern Harris County across multiple census tracts that border the Superfund site. We will also cover the two primary management options, containment versus removal of the waste from the Superfund and provide recommendations for increased monitoring of existing concentrations of polychlorinated waste in the SJR and its nearby associated communities.

  16. Ecological risk assessment guidance for preparation of remedial investigation/feasibility study work plans

    Energy Technology Data Exchange (ETDEWEB)

    Pentecost, E.D.; Vinikour, W.S. [Argonne National Lab., IL (United States)

    1993-08-01

    This guidance document (1) provides instructions on preparing the components of an ecological work plan to complement the overall site remedial assessment investigation/feasibility study (RI/FS) work plan and (2) directs the user on how to implement ecological tasks identified in the plan. Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfired Amendments and Reauthorization Act of 1986 (SARA), an RI/FS work plan win have to be developed as part of the site-remediation scoping the process. Specific guidance on the RI/FS process and the preparation of work plans has been developed by the US Environmental Protection Agency (EPA 1988a). This document provides guidance to US Department of Energy (DOE) staff and contractor personnel for incorporation of ecological information into environmental remediation planning and decision making at CERCLA sites. An overview analysis of early ecological risk assessment methods (i.e., in the 1980s) at Superfund sites was conducted by the EPA (1989a). That review provided a perspective of attention given to ecological issues in some of the first RI/FS studies. By itself, that reference is of somewhat limited value; it does, however, establish a basis for comparison of past practices in ecological risk with current, more refined methods.

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

    Energy Technology Data Exchange (ETDEWEB)

    Gomez del Campo, J.

    2011-07-01

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

  18. Cleanups In My Community (CIMC) - Federal facilities that are also Superfund sites, National Layer

    Data.gov (United States)

    U.S. Environmental Protection Agency — Federal facilities are properties owned by the federal government. This data layer provides access to Federal facilities that are Superfund sites as part of the CIMC...

  19. Letter to Silverton and San Juan County Regarding Potential Superfund Listing

    Science.gov (United States)

    Feb. 12, 2016 Update: EPA added a letter to the Town of Silverton and San Juan County regarding the agency’s commitment to the Town and County’s involvement during a potential Superfund listing process.

  20. Grain Handling Facility at Freeman, Washington Proposed to Superfund Cleanup List

    Science.gov (United States)

    (March 24, 2015 - Seattle) The U.S. Environmental Protection Agency is proposing to add the Grain Handling Facility at Freeman, in Spokane County, Washington, to the Superfund National Priorities List. The proposed listing includes a 60-day public comment

  1. Preliminary estimate of natural resource damage : Rocky Mountain Arsenal Superfund Site

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — This is a preliminary estimate of natural resource damages associated with uncontrolled release of hazardous materials at the Rocky Mountain Arsenal Superfund Site...

  2. Remediation System Evaluation, Streamlined Remediation System Evaluation (RSE-Lite), Circuitron Corporation Superfund Site

    Science.gov (United States)

    The Circuitron Corporation Superfund Site is located at 82 Milbar Boulevard, East Farmingdale, Suffolk County, New York. The site is situated on a 1-acre lot in an industrial/commercial area that is surrounded by similar small manufacturers...

  3. Cleanups In My Community (CIMC) - Base Realignment and Closure (BRAC) Superfund Sites, National Layer

    Data.gov (United States)

    U.S. Environmental Protection Agency — This data layer provides access to Base Realignment and Closure (BRAC) Superfund Sites as part of the CIMC web service. EPA works with DoD to facilitate the reuse...

  4. EPA, 12 Private Entities Agree to Remove Contamination and Conduct Study at Metro Container Superfund Site

    Science.gov (United States)

    PHILADELPHIA (October 21, 2015) -- The U.S. Environmental Protection Agency and 12 private entities have agreed to settle on actions that will lead to increased environmental protection at the Metro Container Superfund Site in Trainer, Delaware Co.,

  5. Report: EPA’s Distribution of Superfund Human Resources Does Not Support Current Regional Workload

    Science.gov (United States)

    Report #17-P-0397, September 19, 2017. Due to insufficient human resources to cover all Superfund site work, some regions have had to slow down or discontinue their efforts to protect human health and the environment.

  6. Fiscal year 1996 progress in implementing Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act. Tenth annual report to Congress

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) (Public Law 99-499), which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting remedial investigation and feasibility studies (RI/FSs), and performing remedial actions. Federal agencies that own or operate facilities on the National Priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the US Environmental Protection Agency (EPA), and in some instances the state within which the facility is located.

  7. Antisepsis and genital hygiene in scrotal surgery: liability claims in the event of treatment errors.

    Science.gov (United States)

    Brühl, Peter

    2007-09-13

    Systematic observance of infection control principles in surgery, whether conducted on an inpatient or outpatient basis, is an indispensable precondition for quality management. In Germany, the introduction of the Protection against Infection Act (IfSG) on 1 January 2001 represented a milestone for regulation of the framework conditions in outpatient surgery. Once again, infection control issues were the main focus of attention. Section 36(1) IfSG stipulates that infection control policies specify in-house procedures for infection prophylaxis in agreement with quality assurance measures. On 1 January 2004 this was further reinforced, inter alia, by means of a new tripartite contract based on Section 115b of Book 5 of the German Code of Social Law (SGB V). Since experience shows that incidents are more likely to result in liability claims the smaller the operation and the more unexpected the complications from a lay person's perspective, surgery carried out on patients who spend the night before and after the operation outside the hospital or clinic is becoming a particularly liability-prone area. In the event of a postoperative infection, often involving a protracted hospital stay and in some cases considerable permanent damage, the patient often cites an infection control error. This paper highlights by way of example some liability aspects whose observance as a matter of principle can reduce the liability risk for the physician.

  8. Contractual medical liability in Portugal and Macao

    Directory of Open Access Journals (Sweden)

    Rui Miguel Prista Patrício Cascão

    2016-09-01

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

  9. Judicial considerations with regard to civil liability.

    Science.gov (United States)

    Pittelli, S D; Muñoz, D R

    2007-03-01

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

  10. Civil liability for ecologic damage and repairing

    OpenAIRE

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

    2009-01-01

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

  11. AUDITOR''S PROFESSIONAL LIABILITY INSURANCE

    OpenAIRE

    Dorosh, N.

    2008-01-01

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

  12. Limiting Civil Liability in the Sphere of Business Auditing

    Directory of Open Access Journals (Sweden)

    Carmen COSTULEANU

    2011-09-01

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

  13. Telecommunications, health care, and legal liability

    Science.gov (United States)

    Levy, Chris

    1990-06-01

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

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

    Science.gov (United States)

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

    2015-08-01

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

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

    OpenAIRE

    2012-01-01

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

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

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

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

  17. Liability for the Payment of Public School Fees

    Directory of Open Access Journals (Sweden)

    M Carnelley

    2011-10-01

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

  18. Multiperiod mean-variance efficient portfolios with endogenous liabilities

    OpenAIRE

    Markus LEIPPOLD; Trojani, Fabio; Vanini, Paolo

    2011-01-01

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

  19. Valuation of Non-Life Liabilities from Claims Triangles

    Directory of Open Access Journals (Sweden)

    Mathias Lindholm

    2017-07-01

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

  20. Spatial disparity in the distribution of superfund sites in South Carolina: an ecological study.

    Science.gov (United States)

    Burwell-Naney, Kristen; Zhang, Hongmei; Samantapudi, Ashok; Jiang, Chengsheng; Dalemarre, Laura; Rice, LaShanta; Williams, Edith; Wilson, Sacoby

    2013-11-06

    According to the US Environmental Protection Agency (EPA), Superfund is a federal government program implemented to clean up uncontrolled hazardous waste sites. Twenty-six sites in South Carolina (SC) have been included on the National Priorities List (NPL), which has serious human health and environmental implications. The purpose of this study was to assess spatial disparities in the distribution of Superfund sites in SC. The 2000 US census tract and block level data were used to generate population characteristics, which included race/ethnicity, socioeconomic status (SES), education, home ownership, and home built before 1950. Geographic Information Systems (GIS) were used to map Superfund facilities and develop choropleth maps based on the aforementioned sociodemographic variables. Spatial methods, including mean and median distance analysis, buffer analysis, and spatial approximation were employed to characterize burden disparities. Regression analysis was performed to assess the relationship between the number of Superfund facilities and population characteristics. Spatial coincidence results showed that of the 29.5% of Blacks living in SC, 55.9% live in Superfund host census tracts. Among all populations in SC living below poverty (14.2%), 57.2% were located in Superfund host census tracts. Buffer analyses results (0.5mi, 1.0mi, 5.0mi, 0.5km, 1.0km, and 5.0km) showed a higher percentage of Whites compared to Blacks hosting a Superfund facility. Conversely, a slightly higher percentage of Blacks hosted (30.2%) a Superfund facility than those not hosting (28.8%) while their White counterparts had more equivalent values (66.7% and 67.8%, respectively). Regression analyses in the reduced model (Adj. R2 = 0.038) only explained a small percentage of the variance. In addition, the mean distance for percent of Blacks in the 90th percentile for Superfund facilities was 0.48mi. Burden disparities exist in the distribution of Superfund facilities in SC at the block and

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

    Directory of Open Access Journals (Sweden)

    Joanna Kuźmicka-Sulikowska

    2012-12-01

    Full Text Available The article addresses basic issues associated with the economic analysis of liability in tort principles. The deliberations focus on an attempt to define the economic and social consequences of introducing various combinations of principles of tortious liability for damage suffered as a result of the activities of one entity borne in the goods of another. Lack of liability situations are treated in some detail as well as liability based on the principle of risk and the principle of fault. The analyses were conducted based on unilateral and bilateral models. Factors coming into play in determining the economically effective level of carefulness in actions are discussed. A series of other factors of significant relevance for the choice of an optimal principle of liability from the economic point of view are also highlighted. In this context the role of the level of activity of entities, availability of insurance policies and costs associated with pursuing compensation claims are discussed. The deliberations are concluded with a summary, which also entails a critical look at the method of economic analysis of law.

  2. Liabilities in E and P contracts; Responsabilidade civil na prestacao de servicos nos contratos de E e P

    Energy Technology Data Exchange (ETDEWEB)

    Gondinho, Andre Osorio [Escritorio Doria, Jacobina, Rosado e Gondinho Advogados Associados, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    The purpose of this article is to debate legal controversies and propose solutions to issues related to the civil liability (contractual and extra-contractual) in the rendering of services in Exploration and Production (E and P) contracts, aiming at minimizing risks and reducing excessive costs for the concessionaires and service providers in the Brazilian Oil and Gas Industry. (author)

  3. Indexing molecules for their hERG liability.

    Science.gov (United States)

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

    2013-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2013-06-01

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

  5. Incorporation of the time aspect into the liability-threshold model for case-control-family data

    DEFF Research Database (Denmark)

    Cederkvist, Luise; Holst, Klaus K.; Andersen, Klaus K.

    2017-01-01

    Familial aggregation and the role of genetic and environmental factors can be investigated through family studies analysed using the liability-threshold model. The liability-threshold model ignores the timing of events including the age of disease onset and right censoring, which can lead...... to estimates that are difficult to interpret and are potentially biased. We incorporate the time aspect into the liability-threshold model for case-control-family data following the same approach that has been applied in the twin setting. Thus, the data are considered as arising from a competing risks setting...... and inverse probability of censoring weights are used to adjust for right censoring. In the case-control-family setting, recognising the existence of competing events is highly relevant to the sampling of control probands. Because of the presence of multiple family members who may be censored at different...

  6. Medical liability and health care reform.

    Science.gov (United States)

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

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Laura Rimšaitė

    2013-06-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2001-07-01

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

  9. 47 CFR 3.76 - Licensee's liability for payment.

    Science.gov (United States)

    2010-10-01

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

  10. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, F.; Uras, R.B.

    2014-01-01

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

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

    Science.gov (United States)

    Raday, Frances

    1979-01-01

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

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

    Science.gov (United States)

    Wenham, David

    1999-01-01

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

  13. 33 CFR 153.405 - Liability to the pollution fund.

    Science.gov (United States)

    2010-07-01

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

  14. 7 CFR 917.68 - Liability of committee members.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Raday, Frances

    1979-01-01

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

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

    NARCIS (Netherlands)

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

    2013-01-01

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

  17. 18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

    Science.gov (United States)

    2010-04-01

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

  18. 31 CFR 315.56 - General instructions and liability.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

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

    2011-07-01

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

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

    Science.gov (United States)

    Yang, Tiantian; Aldrich, Howard E

    2017-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Luminita Gabriela Istrate

    2016-01-01

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

  2. 76 FR 24479 - In the Matter of the Taylor Lumber and Treating Superfund Site, Sheridan, Oregon, Amendment to...

    Science.gov (United States)

    2011-05-02

    ... AGENCY In the Matter of the Taylor Lumber and Treating Superfund Site, Sheridan, Oregon, Amendment to... with PWPO provided a covenant not to sue for response costs at the Taylor Lumber and Treating Site... should reference the Taylor Lumber and Treating Superfund Site in Sheridan, Oregon, EPA Docket No....

  3. 78 FR 47317 - Ore Knob Mine Superfund Site; Laurel Springs, Ashe County, North Carolina; Notice of Settlement

    Science.gov (United States)

    2013-08-05

    ... AGENCY Ore Knob Mine Superfund Site; Laurel Springs, Ashe County, North Carolina; Notice of Settlement... Protection Agency has entered into a settlement with Herbert N. Francis concerning the Ore Knob Mine... comments by site name ``Ore Knob Mine Superfund Site'' by one of the following methods:...

  4. SUPERFUND TREATABILITY CLEARINGHOUSE: BDAT INCINERATION OF CERCLA SARMS AT THE JOHN ZINK COMPANY TEST FACILITY (FINAL PROJECT REPORT)

    Science.gov (United States)

    This report presents the results of a treatability study of rotary kiln incineration of a synthetic "Superfund soil" bearing a wide range of chemical contaminants typically occurring at Superfund sites. This surrogate soil is referred to as a synthetic analytical reference ...

  5. 14 CFR 221.106 - Notice of limited liability for baggage; alternative consolidated notice of liability limitations.

    Science.gov (United States)

    2010-01-01

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

  6. 国际货运代理的责任和责任风险的防范探讨%The Study of International Freight Forwarders Liability and Responsibility of Risk Prevention

    Institute of Scientific and Technical Information of China (English)

    赵红梅; 刘芳

    2013-01-01

    随着世界经济一体化,国际多式联运业务的蓬勃兴起,为国际货运代理开拓业务、发挥所长、增长利润提供了机会。但是机遇与挑战并存,利润与风险同在,现在的货运代理人的工作内涵已经发生了显著变化,呈现出多元化和双重职能的特点,这使得货运代理的责任也在发生变化,经营过程中不可避免的遇到一系列竞争和风险。文中从国际货运代理的责任出发,联系我国货运代理企业的服务现状,对货运代理企业的责任风险防范做了简单的论述。%With the world economic integration, international multimodal transport business is surging forward, providing the opportunity to the international freight forwarder for developing business, playing strong points and increasing profits. But both opportunities and challenges coexist, profit and risk are side by side, now the job content of freight agents has changed markedly, and presented the characteristics of diversification and dual functions, which makes the responsibility of the freight forwarders change, and a series of competitions and risks are inevitably encountered in the process of management. This article embarks from the responsibilities of international freight forwarders, combines with the service status of freight forwarding enterprises in our country, and simply discusses the responsibility risk prevention of the freight forwarding enterprise.

  7. Post-Remediation Biomonitoring of Pesticides in Marine Waters Near the United Heckathorn Superfund Site, Richmond, California

    Energy Technology Data Exchange (ETDEWEB)

    LD Antrim; NP Kohn

    2000-09-05

    This report, PNNL-11911 Rev. 1, was published in July 2000 and replaces PNNL-11911, which was published in September 1998. The revision corrects tissue concentration units that were reported as dry weight but were actually wet weight, and updates conclusions based on the correct reporting units. Marine sediment remediation at the United Heckathorn Superfund Site was completed in April 1997. Water and mussel tissues were sampled in January 1998 from four stations near Lauritzen Canal in Richmond, California, for the first post-remediation monitoring of marine areas near the United Heckathorn Site. Dieldrin and DDT were analyzed in water samples, tissue samples from resident mussels, and tissue samples from transplanted mussels deployed for 4 months. Concentrations of dieldrin and total DDT in water and total DDT in tissue were compared to pre-remediation data available from the California State Mussel Watch program (tissues) and the Ecological Risk Assessment for the United Heckathorn Superfund Site (tissues and water). Chlorinated pesticide concentrations in water samples were similar to pre-remediation levels and did not meet remediation goals. Mean dieldrin concentrations in water ranged from 0.65 ng/L to 18.1 ng/L and were higher than the remediation goal (0.14 ng/L) at all stations. Mean total DDT concentrations in water ranged from 0.65 ng/L to 103 ng/L and exceeded the remediation goal of 0.59 ng/L. The highest concentrations of both pesticides were found in Lauritzen Canal, and the lowest levels were from the Richmond Inner Harbor Channel water. Unusual amounts of detritus in the water column at the time of sampling, particularly in Lauritzen Canal, could have contributed to the elevated pesticide concentrations and poor analytical precision.

  8. Analyzing solvency with extreme value theory: an application to the Spanish motor liability insurance market

    Directory of Open Access Journals (Sweden)

    María José Pérez-Fructuoso

    2010-04-01

    Full Text Available An accurate estimation of extreme claims is fundamental to assess solvency capital requirements (SCR established by Solvency II. Basing on the Extreme Value Theory (EVT, this paper performs a parametric estimation to fit the motor liability insurance historical datasets of two significant and representative companies operating within the Spanish market to a Generalized Pareto Distribution. We illustrate how EVT improves classical adjustments, as it considers outliers apart from mass risks, what leads to optimize the pricing decision-making and fix a risk transfer position.

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

    Directory of Open Access Journals (Sweden)

    Jurgita Narusyte

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

  10. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina

    2014-01-01

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

  11. Liability aspects of home energy-rating systems

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1983-10-01

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

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

    Science.gov (United States)

    1998-09-18

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

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

    Science.gov (United States)

    Ellis, Elizabeth; Grunstein, Ronald R.

    2001-02-01

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

  14. Responsabilidade civil do Estado por omissão estatal Civil liability of the State for environmental neglect

    Directory of Open Access Journals (Sweden)

    Haide Maria Hupffer

    2012-06-01

    Full Text Available Constituição Federal de 1988 é um divisor de águas ao assumir-se como Constituição Ambiental, provocando uma ruptura em relação ao conceito de responsabilidade civil. Partindo de uma abordagem qualitativa, dialética e jurisprudencial, este artigo analisa o Princípio Responsabilidade desenvolvido por hans jonas e realiza um diálogo com o instituto da responsabilidade civil ambiental, identificando, com apoio na legislação constitucional e infraconstitucional, as controvérsias doutrinárias acerca da natureza da responsabilidade estatal (objetiva ou subjetiva frente a casos de omissão da administração pública e à ocorrência de dano ambiental. Conclui-se que o Superior Tribunal de Justiça assume uma dimensão mais alargada do conceito de responsabilidade civil do Estado, demonstrando uma tendência pela responsabilidade civil objetiva com base no risco. Assim, o Brasil, salvo algumas divergências doutrinárias, adota a responsabilidade civil objetiva do Estado pela teoria do risco administrativo alicerçada no ato ilícito e na aceitação do risco.The Federal Constitution of 1988 is a 'water divisor' since it assumes the role of Environmental Constitution, causing a rapture of the concept of civil liability. Starting from a qualitative, dialectical and jurisprudential approach, this article analyzes the Principle of Liability according to Hans Jonas in order to dialogue with the Institute of Civil Environmental Liability, identifying, with the support of the constitutional and infraconstitutional legislation, the doctrinary controversies about the nature of state liability (objective or subjective towards cases of neglect by the public administration and the event of environmental damage. It is possible to conclude that the Higher Court of Justice assumes a larger dimension of the civil liability of the State, thus showing the tendency towards the objective civil liability based on the risk. Therefore, Brazil, regarded some

  15. Sustainable exposure prevention through innovative detection and remediation technologies from the NIEHS Superfund Research Program.

    Science.gov (United States)

    Henry, Heather F; Suk, William A

    2017-03-01

    Innovative devices and tools for exposure assessment and remediation play an integral role in preventing exposure to hazardous substances. New solutions for detecting and remediating organic, inorganic, and mixtures of contaminants can improve public health as a means of primary prevention. Using a public health prevention model, detection and remediation technologies contribute to primary prevention as tools to identify areas of high risk (e.g. contamination hotspots), to recognize hazards (bioassay tests), and to prevent exposure through contaminant cleanups. Primary prevention success is ultimately governed by the widespread acceptance of the prevention tool. And, in like fashion, detection and remediation technologies must convey technical and sustainability advantages to be adopted for use. Hence, sustainability - economic, environmental, and societal - drives innovation in detection and remediation technology. The National Institute of Health (NIH) National Institute of Environmental Health Sciences (NIEHS) Superfund Research Program (SRP) is mandated to advance innovative detection, remediation, and toxicity screening technology development through grants to universities and small businesses. SRP recognizes the importance of fast, accurate, robust, and advanced detection technologies that allow for portable real-time, on-site characterization, monitoring, and assessment of contaminant concentration and/or toxicity. Advances in non-targeted screening, biological-based assays, passive sampling devices (PSDs), sophisticated modeling approaches, and precision-based analytical tools are making it easier to quickly identify hazardous "hotspots" and, therefore, prevent exposures. Innovation in sustainable remediation uses a variety of approaches: in situ remediation; harnessing the natural catalytic properties of biological processes (such as bioremediation and phytotechnologies); and application of novel materials science (such as nanotechnology, advanced

  16. 社交网络平台商标侵权责任与风险防范%Trademark Infringement Liability of the Social Media Platform and Its Risk Prevention

    Institute of Scientific and Technical Information of China (English)

    陈磊; 吴园晨

    2013-01-01

    There are enormous risks of trademark infringement in the daily op-eration of social media platform because of the uncertainty of users ’identities and the diversity of the content on the platform .Trademark infringements on the plat-form often manifest as squatting other ’s trademark on a username and releasing in-formation on the infringement products and services .The infringement analysis concerning the squatting on a username could draw lessons from the solutions on the dispute between domain name and trademark which focus on existence of the confusion and the bad faith of the squatter .The social media platforms do not in-volve directly in these deals and can only be held contributorially liable for trade -mark infringement when they know or should know the existence of the trademark infringement .In addition to legal reliefs , the perfection of the verification mecha-nism can also protect the trademark rights of the enterprises and the legitimate rights and interests of Internet users .%社交平台用户身份的不确定性与平台内容的多样性使得社交网络平台的日常运营存在巨大的商标侵权风险。将商标作为用户名进行注册,以及通过社交平台发布商标侵权产品或服务的信息是目前社交平台上导致商标权人利益受损的主要情形。对将他人商标注册为用户名的侵权分析可以借鉴域名与商标争议的解决方法,考察是否导致了混淆以及行为人是否具有恶意目的。社交网络平台未直接参与侵权商品或服务交易,其仅在明知或应知侵权行为的情形下承担间接侵权责任。除积极实施法律救济手段外,完善社交网络平台认证政策亦能起到保护商标权与维护网络用户合法权益的作用。

  17. Capital and Portfolio Risk under the Solvency Regulation Supervision Analysis of Partial Adjustment Model based on Property-liability Companies%偿付能力监管下韵资本与组合风险——基于产险公司局部联立调整模型的分析

    Institute of Scientific and Technical Information of China (English)

    王丽珍; 李秀芳

    2012-01-01

    Ever since 2007, capital and stock increases trend m insurance compamc~ o~ ,~ , the required capital size are expanding, and also the frequency of capital increasing is improving. Although the ap- pearance of this phenomenon is inevitable, owing to the costliness and scarcity of capital, insurance industry and China Insurance Regulatory Commission all have paid more attention to the upsurge about capital. Furthermore, if the insurance companies can' t raise capital timely, they will not operate normally, and then it is bound to endanger social stability and the interest of insurance consumers. So it is meaningful to study the capital under the solvency regulation supervision and the special development stage. The capital is applicable to withstand unexpected loss, in this sense, the adjustment of capital is corresponding with risk level. Thus, we combine capital with risk to re- search the development of china' s property-liability companies. According to the research paradigm of banking studies about capital structure and portfolio risk, we employ partial adjustment model to the insurance area. Through the panel data of 34 Property-Liability insurance companies, this paper conduct the Three-stage least square ( 3 SLS) procedure to estimate a simultaneous equations model and examines the impact of capital determina- tion and portfolio risk under solvency regulation. In addition to this, we also consider the other factors, such as the structure of lines, the scale of asset, the reinsurance ratio, the return of asset under the research framework. Based on this, robustness tests with two broad heading including five types subsamples also present consistent results. Our key findings include four aspects. First of all, we find that capitalized insurers increase capital faster than under- capitalized insurers, which is different from the condition of American. This result implies that, on account of the rapid development of insurance industry currently, insurance

  18. 48 CFR 1427.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

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

  19. 48 CFR 27.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    Laux, Judy

    2008-01-01

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

  1. Stopping and Questioning Suspected Shoplifters Without Creating Civil Liability

    Science.gov (United States)

    Reed, Jack R., Jr.

    1977-01-01

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

  2. The liability threshold model for censored twin data

    DEFF Research Database (Denmark)

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

    2016-01-01

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

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

    Science.gov (United States)

    Araújo, Tanya; Spelta, Alessandro

    2014-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Brown II, Omer F.

    1995-12-31

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

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

    OpenAIRE

    ANDRADA TRUSCA

    2011-01-01

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

  6. EPA Proposes to Remove Most of Fulton, Oswego County, New York Site from Superfund List

    Science.gov (United States)

    (New York, N.Y) After cleaning up more than 10,000 cubic yards of contaminated soil and approximately 9 million gallons of contaminated groundwater, the U.S. Environmental Protection Agency is proposing to remove a portion of the Fulton Terminals Superfund

  7. Medical costs and lost productivity from health conditions at volatile organic compound-contaminated Superfund sites

    Energy Technology Data Exchange (ETDEWEB)

    Lybarger, J.A.; Spengler, R.F.; Brown, D.R. [Agency for Toxic Substances and Disease Registry, Atlanta, GA (United States). Div. of Health Studies; Lee, R.; Vogt, D.P. [Oak Ridge National Lab., TN (United States)]|[Joint Inst. for Energy and Environment, Oak Ridge, TN (United States); Perhac, R.M. Jr. [Univ. of Tennessee, Knoxville, TN (United States)]|[Joint Inst. for Energy and Environment, Oak Ridge, TN (United States)

    1998-10-01

    This paper estimates the health costs at Superfund sites for conditions associated with volatile organic compounds (VOCs) in drinking water. Health conditions were identified from published literature and registry information as occurring at excess rates in VOC-exposed populations. These health conditions were: (1) some categories of birth defects, (2) urinary tract disorders, (3) diabetes, (4) eczema and skin conditions, (5) anemia, (6) speech and hearing impairments in children under 10 years of age, and (7) stroke. Excess rates were used to estimate the excess number of cases occurring among the total population living within one-half mile of 258 Superfund sites. These sites had evidence of completed human exposure pathways for VOCs in drinking water. For each type of medical condition, an individual`s expected medical costs, long-term care costs, and lost work time due to illness or premature mortality were estimated. Costs were calculated to be approximately $330 million per year, in the absence of any remediation or public health intervention programs. The results indicate the general magnitude of the economic burden associated with a limited number of contaminants at a portion of all Superfund sites, thus suggesting that the burden would be greater than that estimated in this study if all contaminants at all Superfund sites could be taken into account.

  8. A General Chemistry Assignment Analyzing Environmental Contamination for the Depue, IL, National Superfund Site

    Science.gov (United States)

    Saslow Gomez, Sarah A.; Faurie-Wisniewski, Danielle; Parsa, Arlen; Spitz, Jeff; Spitz, Jennifer Amdur; Loeb, Nancy C.; Geiger, Franz M.

    2015-01-01

    The classroom exercise outlined here is a self-directed assignment that connects students to the environmental contamination problem surrounding the DePue Superfund site. By connecting chemistry knowledge gained in the classroom with a real-world problem, students are encouraged to personally connect with the problem while simultaneously…

  9. 75 FR 68788 - Ore Knob Mine Superfund Site; Jefferson, Ashe County, North Carolina; Notice of Settlement

    Science.gov (United States)

    2010-11-09

    ... Doc No: 2010-28260] ENVIRONMENTAL PROTECTION AGENCY [Docket EPA-RO4-SFUND-2010-0893, FRL-9223-8] Ore... Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Ore..., identified by Docket ID No. EPA-RO4- SFUND-2010-0893 or Site name Ore Knob Mine Superfund Site by one of...

  10. 77 FR 16548 - Florida Petroleum Reprocessors Superfund Site; Davie, Broward County, FL; Notice of Settlements

    Science.gov (United States)

    2012-03-21

    ...] Florida Petroleum Reprocessors Superfund Site; Davie, Broward County, FL; Notice of Settlements AGENCY... entered into four (4) settlements for past response costs concerning the Florida Petroleum Reprocessors... settlement are available from Ms. Paula V. Painter. Submit your comments by Site name Florida Petroleum...

  11. SUPERFUND TREATABILITY CLEARINGHOUSE: CERCLA BDAT SARM PREPARATION AND RESULTS OF PHYSICAL SOILS WASHING EXPERIMENTS (FINAL REPORT)

    Science.gov (United States)

    This study reports on the results of work preparing 30,000 Ibs of SARM or synthetic analytical reference matrix, a surrogate Superfund soil containing a vide range of contaminants. It also reports the results ©f bench scale treatability experiments designed to simulate the EP...

  12. A General Chemistry Assignment Analyzing Environmental Contamination for the Depue, IL, National Superfund Site

    Science.gov (United States)

    Saslow Gomez, Sarah A.; Faurie-Wisniewski, Danielle; Parsa, Arlen; Spitz, Jeff; Spitz, Jennifer Amdur; Loeb, Nancy C.; Geiger, Franz M.

    2015-01-01

    The classroom exercise outlined here is a self-directed assignment that connects students to the environmental contamination problem surrounding the DePue Superfund site. By connecting chemistry knowledge gained in the classroom with a real-world problem, students are encouraged to personally connect with the problem while simultaneously…

  13. Grain Handling Facility at Freeman, Washington Added to Superfund Cleanup List

    Science.gov (United States)

    (September 28, 2015 - Seattle) The U.S. Environmental Protection Agency has added the Grain Handling Facility at Freeman, in Spokane County, Washington, to the Superfund National Priorities List. The site was added to the NPL after EPA considered input rec

  14. 77 FR 2981 - Constitution Road Drum Superfund Site; Atlanta, Dekalb County, GA; Notice of Settlement

    Science.gov (United States)

    2012-01-20

    ... AGENCY Constitution Road Drum Superfund Site; Atlanta, Dekalb County, GA; Notice of Settlement AGENCY... Protection Agency has entered into a settlement for past response costs concerning the Constitution Road Drum... settlement are available from Ms. Paula V. Painter. Submit your comments by Site name Constitution Road...

  15. Nosocomial infection and civil liability in Brazilian courts

    Directory of Open Access Journals (Sweden)

    CARVALHO DA SILVA, José Marcio

    2015-07-01

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

  16. Common liability to addiction and “gateway hypothesis”: Theoretical, empirical and evolutionary perspective

    Science.gov (United States)

    Vanyukov, Michael M.; Tarter, Ralph E.; Kirillova, Galina P.; Kirisci, Levent; Reynolds, Maureen D.; Kreek, Mary Jeanne; Conway, Kevin P.; Maher, Brion S.; Iacono, William G.; Bierut, Laura; Neale, Michael C.; Clark, Duncan B.; Ridenour, Ty A.

    2013-01-01

    Background Two competing concepts address the development of involvement with psychoactive substances: the “gateway hypothesis” (GH) and common liability to addiction (CLA). Method The literature on theoretical foundations and empirical findings related to both concepts is reviewed. Results The data suggest that drug use initiation sequencing, the core GH element, is variable and opportunistic rather than uniform and developmentally deterministic. The association between risks for use of different substances, if any, can be more readily explained by common underpinnings than by specific staging. In contrast, the CLA concept is grounded in genetic theory and supported by data identifying common sources of variation in the risk for specific addictions. This commonality has identifiable neurobiological substrate and plausible evolutionary explanations. Conclusions Whereas the “gateway” hypothesis does not specify mechanistic connections between “stages”, and does not extend to the risks for addictions, the concept of common liability to addictions incorporates sequencing of drug use initiation as well as extends to related addictions and their severity, provides a parsimonious explanation of substance use and addiction co-occurrence, and establishes a theoretical and empirical foundation to research in etiology, quantitative risk and severity measurement, as well as targeted non-drug-specific prevention and early intervention. PMID:22261179

  17. Cross-sector diversification in financial conglomerates: simulations with a fair-value assets and liabilities model

    Directory of Open Access Journals (Sweden)

    Jacob A. Bikker

    2002-12-01

    Full Text Available Risk diversification is one of the many reasons for cross-sector mergers of financialinstitutes. This paper presents a fair-value type asset and liability model in order to identify diversification effects for financial conglomerates (PCs under various shocks. My analysis for the Netherlands reveals that diversification effects on PCs of especially interest rate shocks are very strong. In principle, substantial diversificationeffects argue for lower capital requirements for PCs. However, there are other non-negligible risks run by PCs to consider, namely contagion risk, regulatory arbitrage andcross-sector and TBTF moral hazard risks, which have not yet been quantified.

  18. ACCRUAL OF LIABILITIES AND CONTINGENT ASSETS

    Directory of Open Access Journals (Sweden)

    Elena Ilie

    2011-12-01

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

  19. Canonical duties, liabilities of trustees and administrators.

    Science.gov (United States)

    Morrisey, F G

    1985-06-01

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

  20. Products Liability and Tort Risk Distribution in Government Contract Programs

    Science.gov (United States)

    1978-09-30

    34exploded" in her hand while she wm performing duties as a waitress in a restaurant, The majority of the court allowed plaintiff to recover against...knocking the vehicle off a floor hoist and injuring plaintiff. The jack had previously been given several bursts of air by plaintiff with no a parent

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

    Directory of Open Access Journals (Sweden)

    Daleen Millard

    2016-07-01

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

  2. Report: Independent Ground Water Sampling Generally Confirms EPA’s Data at Wheeler Pit Superfund Site in Wisconsin

    Science.gov (United States)

    Report #10-P-0218, September 8, 2010. With minimal exceptions, our independent sampling results at the Wheeler Pit Superfund Site were consistent with the sampling results that EPA Region 5 has obtained historically.

  3. The "Seven Pillars" Response to Patient Safety Incidents: Effects on Medical Liability Processes and Outcomes.

    Science.gov (United States)

    Lambert, Bruce L; Centomani, Nichola M; Smith, Kelly M; Helmchen, Lorens A; Bhaumik, Dulal K; Jalundhwala, Yash J; McDonald, Timothy B

    2016-12-01

    To determine whether a communication and resolution approach to patient harm is associated with changes in medical liability processes and outcomes. Administrative, safety, and risk management data from the University of Illinois Hospital and Health Sciences System, from 2002 to 2014. Single health system, interrupted time series design. Using Mann-Whitney U tests and segmented regression models, we compared means and trends in incident reports, claims, event analyses, patient communication consults, legal fees, costs per claim, settlements, and self-insurance expenses before and after the implementation of the "Seven Pillars" communication and resolution intervention. Queried databases maintained by Department of Safety and Risk Management and the Department of Administrative Services at UIH. Extracted data from risk module of the Midas incident reporting system. The intervention nearly doubled the number of incident reports, halved the number of claims, and reduced legal fees and costs as well as total costs per claim, settlement amounts, and self-insurance costs. A communication and optimal resolution (CANDOR) approach to adverse events was associated with long-lasting, clinically and financially significant changes in a large set of core medical liability process and outcome measures. © Health Research and Educational Trust.

  4. Environmental pollution liability insurance in China: in need of strong government backing.

    Science.gov (United States)

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

    2014-09-01

    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies have entered the pollution insurance market with their own products and contracts. Companies in environmentally sensitive sectors and high-risk industries bought pollution insurance, and a few successful compensation cases have been reported. Still, pollution insurance faces a number of challenges in China. The absence of a national law weakens the legal basis of pollution insurance, and poor technical support stagnates further implementation. Moreover, current pollution insurance products have limited risk coverage, high premium rates, and low loss ratios, which make them fairly unattractive to polluters. Meanwhile, low awareness of environmental and social liabilities leads to limited demand for pollution insurance products by industrial companies. Hence, the pollution insurance market is not yet flourishing in China. To improve this situation, this economic instrument needs stronger backing by the Chinese state.

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

    Directory of Open Access Journals (Sweden)

    L. Havlíček

    2006-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Heller, W.

    2004-10-01

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

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

    Science.gov (United States)

    Brown, Arthur M

    2005-01-01

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

  8. EPA Contract Laboratory Program Statement of Work for Inorganic Superfund Methods Multi-Media, Multi-Concentration ISM02.2

    Science.gov (United States)

    This document contains analytical methods for the analysis of metals and cyanide in environmental samples. It also contains contractual requirements for laboratories participating in Superfund's Contract Laboratory Program.

  9. EPA Contract Laboratory Program Statement of Work for Inorganic Superfund Methods Multi-Media, Multi-Concentration ISM02.3

    Science.gov (United States)

    This document contains analytical methods for the analysis of metals and cyanide in environmental samples. It also contains contractual requirements for laboratories participating in Superfund's Contract Laboratory Program.

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

    Directory of Open Access Journals (Sweden)

    Alexandru POPA

    2010-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Lodewicus Charl Coetzee

    2017-05-01

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

  12. Optimizing the Banking Activity Using Assets & Liabilities Management

    Directory of Open Access Journals (Sweden)

    Vasile Dedu

    2008-10-01

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

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

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2011-01-01

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

  14. Managing the risks of operating a hydro playground

    Energy Technology Data Exchange (ETDEWEB)

    Bachman, G.D.; Blackburn, P.C. (Van Ness, Feldman Curtis, Washington, DC (United States))

    1992-04-01

    An integral part of most hydro projects is some recreational opportunity for the public. As a result, plant owners need to be aware of and manage their exposure to recreational liability. This article discusses liability and the measures that hydro plant owners can take to reduce their risk.

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

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2011-01-01

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

  16. International law on nuclear liability - a critical approach

    Energy Technology Data Exchange (ETDEWEB)

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

    1995-12-31

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

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

    Institute of Scientific and Technical Information of China (English)

    张宏武

    2012-01-01

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

  18. Defensive medicine in general practice: recent trends and the impact of the Civil Liability Act 2002 (NSW).

    Science.gov (United States)

    Salem, Omar; Forster, Christine

    2009-10-01

    This article presents the results of a survey conducted among New South Wales medical practitioners to assess the extent to which the enactment of the Civil Liability Act 2002 (NSW) has reduced the practice of defensive medicine. The new legislation was intended in part to reduce the practice of defensive medicine, both "assurance-type" measures, such as performing additional tests to assure patients they have received all possible care, and "avoidance-type" measures, such as avoiding the treatment of patients who may be at a higher risk for adverse outcomes and therefore at higher risk for filing lawsuits. However, the results of the survey reveal that many medical practitioners in New South Wales remain unaware of the legal reforms and the consequent reduction in their legal liability and continue to practise defensive medicine. This article argues therefore that while the ultimate aim of reducing litigation has been achieved in New South Wales through the introduction of the Civil Liability Act, the underlying and arguably more important aim of providing medical practitioners with a more secure environment in which to practise their profession effectively has not been achieved. The apparent failure to disseminate the legal changes to the medical profession illustrates the limitations of law reform to effectively engender social change without the active use of educative and other implementation initiatives.

  19. Electrochemical peroxidation of PCBs and VOCs in superfund site water and sediments

    Energy Technology Data Exchange (ETDEWEB)

    Scrudato, R.J.; Chiarenzelli, J.R. [SUNY, Oswego, NY (United States)

    1996-12-31

    An electrochemical peroxidation (ECP) process has been developed and used to degrade polychlorinated biphenyls (PCB) and volatile organic compounds (VOC)-contaminated water, sludge, and sediments at a New York State Federal and State Superfund Site. The process involves passing an oscillating low-amperage (<10 amps) current through steel electrodes immersed in an acidified water or sediment slurry into which hydrogen peroxide (<1,000 ppm) is added. The generated free radicals attack organic compounds, including organo-metallic complexes and refractory compounds including PCBs. PCB degradation ranged from about 30% to 80% in experiments involving Federal Superfund Site sediments; total PCBs were reduced by {approximately}97% to 68%, respectively, in water and slurry collected from a State Superfund subsurface storage tank. VOC bench-scale experiments involved chloroethane, 1,1-dichloroethane, dichloromethane, 1,1,1-trichloroethane, and acetone and after a 3-min ECP treatment, degradation ranged from >94% to about 99.9%. Results indicate the ECP is a viable process to degrade organic contaminants in water and sediment suspensions. Because the treated water suspensions are acidified, select trace metal sorbed to the particulates is solubilized and therefore can be segregated from the particulates, offering a process that simultaneously degrades organic contaminants and separates trace metals. 19 refs., 1 fig., 4 tabs.

  20. 17 CFR 232.402 - Liability for XBRL-Related Documents.

    Science.gov (United States)

    2010-04-01

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

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

    NARCIS (Netherlands)

    Giesen, Ivo

    2006-01-01

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

  2. The search for the elusive electronic medical record system--medical liability, the missing factor.

    Science.gov (United States)

    Grams, R R; Moyer, E H

    1997-02-01

    Over the past few years, the traditional paper-based medical record system has come under close scrutiny by every participant in the healthcare industry. Some groups, especially federal agencies such as Medicare and Medicaid, HMOs, and other third party payors, have begun to demand changes in medical record documentation, and have become very assertive as to what goals and objectives will be met. In contrast, the medical liability insurance industry has remained almost invisible during this period of transition. At a recent electronic medical records (EMR) conference participants attending a software development workshop were asked if they had their systems reviewed from a medicolegal standpoint by a malpractice insurance carrier. In response to this inquiry, not one software vendor raised their hand to indicate this had been accomplished, or was even contemplated. In the author's opinion, the key missing factor in the current quest for a paperless medical office system rests in the domain of those who represent the medical liability industry. All of these gate-keepers of medical loss and risk prevention will eventually be called upon, either by choice or necessity, to validate every working EMR system that is used in medical practices in the future. This article will explore the best information published from this currently silent sector of the industry, and proposes an active involvement by the medical liability industry in the current EMR design and development processes taking place. In addition, there are 10 minimum EMR design criteria contained in this article that are recommended for implementation based upon 16 years of medical malpractice experience and loss prevention input.

  3. A parietal biomarker for ADHD liability:As predicted by The Distributed Effects Perspective Model of ADHD

    Directory of Open Access Journals (Sweden)

    T. Sigi eHale

    2015-05-01

    Full Text Available Background: We previously hypothesized that poor task-directed sensory information processing should be indexed by increased weighting of right hemisphere (RH biased attention and visuo-perceptual brain functions during task operations, and have demonstrated this phenotype in ADHD across multiple studies, using multiple methodologies. However, in our recent Distributed Effects Model of ADHD, we surmised that this phenotype is not ADHD specific, but rather more broadly reflective of any circumstance that disrupts the induction and maintenance of an emergent task-directed neural architecture. Under this view, increased weighting of RH biased attention and visuo-perceptual brain functions is expected to generally index neurocognitive sets that are not optimized for task-directed thought and action, and when durable expressed, liability for ADHD. Method: The current study tested this view by examining whether previously identified rightward parietal EEG asymmetry in ADHD was associated with common ADHD characteristics and comorbidities (i.e., ADHD risk factors. Results: Barring one exception (non-right handedness, we found that it was. Rightward parietal asymmetry was associated with carrying the DRD4-7R risk allele, being male, having mood disorder, and having anxiety disorder. However, differences in the specific expression of rightward parietal asymmetry were observed, which are discussed in relation to possible unique mechanisms underlying ADHD liability in different ADHD RFs. Conclusion: Rightward parietal asymmetry appears to be a durable feature of ADHD liability, as predicted by the Distributed Effects Perspective Model of ADHD. Moreover, variability in the expression of this phenotype may shed light on different sources of ADHD liability.

  4. Hazard Ranking System evaluation of CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) inactive waste sites at Hanford: Volume 1, Evaluation methods and results

    Energy Technology Data Exchange (ETDEWEB)

    Stenner, R.D.; Cramer, K.H.; Higley, K.A.; Jette, S.J.; Lamar, D.A.; McLaughlin, T.J.; Sherwood, D.R.; Van Houten, N.C.

    1988-10-01

    The purpose of this report is to formally document the individual site Hazard Ranking System (HRS) evaluations conducted as part of the preliminary assessment/site inspection (PA/SI) activities at the US Department of Energy (DOE) Hanford Site. These activities were carried out pursuant to the DOE orders that describe the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Program addressing the cleanup of inactive waste sites. These orders incorporate the US Environmental Protection Agency methodology, which is based on the Superfund Amendments and Reauthorization Act of 1986 (SARA). The methodology includes six parts: PA/SI, remedial investigation/feasibility study, record of decision, design and implementation of remedial action, operation and monitoring, and verification monitoring. Volume 1 of this report discusses the CERCLA inactive waste-site evaluation process, assumptions, and results of the HRS methodology employed. Volume 2 presents the data on the individual CERCLA engineered-facility sites at Hanford, as contained in the Hanford Inactive Site Surveillance (HISS) Data Base. Volume 3 presents the data on the individual CERCLA unplanned-release sites at Hanford, as contained in the HISS Data Base. 34 refs., 43 figs., 47 tabs.

  5. Transforming a Liability Into An Asset-Creating a Market for CO2-based Products

    Science.gov (United States)

    David, B. J.

    2016-12-01

    This session will discuss converting CO2 from a liability into an asset. It will specifically discuss how at least 25 products can be created using CO2 as a feedstock and deployed in the market at large scale. Focus will be on products that can both achieve scale from a market standpoint as well as climate significance in use of CO2 as a feedstock. The session will describe the market drivers supporting and inhibiting commercial deployment of CO2-based products. It will list key barriers and risks in the various CO2-based product segments. These barriers/risks could occur across technology, policy, institutional, economic, and other dimensions. The means to mitigate each barrier and the likelihood for such means to be deployed will be discussed.

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

    Science.gov (United States)

    Khoury, Lara; Smyth, Stuart

    2007-01-01

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

  7. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    2014-01-01

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

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

    NARCIS (Netherlands)

    Steer, C.E.

    2014-01-01

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

  9. The Liability Rules under International GHG Emissions Trading

    NARCIS (Netherlands)

    Zhang, ZX

    2001-01-01

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

  10. 48 CFR 1327.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    Xu, Sikui; Huang, Helai

    2016-10-01

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

  12. 13 CFR 115.19 - Denial of liability.

    Science.gov (United States)

    2010-01-01

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

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

    NARCIS (Netherlands)

    C.E. Steer

    2014-01-01

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

  14. Civil Liability for Failure to Train to Standard.

    Science.gov (United States)

    Sample, John

    1989-01-01

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

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

    Science.gov (United States)

    Caumes, Grégory

    2012-01-01

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

  16. Civil Liability for Failing to Report Child Abuse.

    Science.gov (United States)

    Lehto, Neil J.

    1977-01-01

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

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

    African Journals Online (AJOL)

    Setup

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

  18. 40 CFR 80.23 - Liability for violations.

    Science.gov (United States)

    2010-07-01

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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  20. 31 CFR 223.9 - Valuation of assets and liabilities.

    Science.gov (United States)

    2010-07-01

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

  1. Ex-post Liability Rules in Modern Patent Law

    NARCIS (Netherlands)

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

    2010-01-01

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

  2. Life Insurance Liabilities with Policyholder Behaviour and Stochastic Rates

    DEFF Research Database (Denmark)

    Buchardt, Kristian

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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  4. 26 CFR 31.3403-1 - Liability for tax.

    Science.gov (United States)

    2010-04-01

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

  5. 26 CFR 31.3111-4 - Liability for employer tax.

    Science.gov (United States)

    2010-04-01

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

  6. 26 CFR 1.357-1 - Assumption of liability.

    Science.gov (United States)

    2010-04-01

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

  7. 5 CFR 837.304 - Agency liability for payments.

    Science.gov (United States)

    2010-01-01

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

  8. 16 CFR 240.13 - Customer's and third party liability.

    Science.gov (United States)

    2010-01-01

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

  9. 26 CFR 1.461-2 - Contested liabilities.

    Science.gov (United States)

    2010-04-01

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

  10. 18 CFR 367.2540 - Account 254, Other regulatory liabilities.

    Science.gov (United States)

    2010-04-01

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

  11. First responder and physician liability during an emergency.

    Science.gov (United States)

    Eddy, Amanda

    2013-01-01

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

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

    NARCIS (Netherlands)

    Angelopoulos, C.J.

    2016-01-01

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

  13. 7 CFR 3431.19 - Payment and tax liability.

    Science.gov (United States)

    2010-01-01

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

  14. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

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

  15. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    2014-01-01

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

  16. Ransomware: Minimizing the Risks.

    Science.gov (United States)

    Pope, Justin

    2016-01-01

    This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS, Inc. (www.prms.com), a manager of medical professional liability insurance programs with services that include risk management consultation, education and onsite risk management audits, and other resources to healthcare providers to help improve patient outcomes and reduce professional liability risk. The answers published in this column represent those of only one risk management consulting company. Other risk management consulting companies or insurance carriers may provide different advice, and readers should take this into consideration. The information in this column does not constitute legal advice. For legal advice, contact your personal attorney. Note: The information and recommendations in this article are applicable to physicians and other healthcare professionals so "clinician" is used to indicate all treatment team members.

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

    Energy Technology Data Exchange (ETDEWEB)

    Gonzalez G, A

    2000-07-01

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

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

    Directory of Open Access Journals (Sweden)

    M. Malik

    2015-08-01

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

  19. PROVIDING SOLUTIONS FOR A BETTER TOMORROW: REDUCING THE RISKS ASSOCIATED WITH LEAD IN SOIL; URL:

    Science.gov (United States)

    This brief publication describes, in general language, the health risks associated with exposure to soil and dust contaminated with lead as well as an innovative method to immobilize lead contaminants in the soil (and thereby reduce the risk of exposure) at Superfund sites. Also ...

  20. Liquidity risk management

    Directory of Open Access Journals (Sweden)

    Milošević Miloš

    2014-01-01

    Full Text Available Liquidity risk management is a major activity of every bank. To be able to honor its matured liabilities, a bank strives to provide and maintain the required level of liquidity on a daily basis. Although each commercial bank has its own methodology of calculating the required liquidity level, in line with its adopted policies, the central bank has enacted the Decision on Liquidity Risk Management, prescribing the obligatory liquidity risk management policy.

  1. Post-Remediation Biomonitoring of Pesticides and Other Contaminants in Marine Waters and Sediment Near the United Heckathorn Superfund Site, Richmond, California

    Energy Technology Data Exchange (ETDEWEB)

    LD Antrim; NP Kohn

    2000-09-06

    This report, PNNL-1 3059 Rev. 1, was published in July 2000 and replaces PNNL-1 3059 which is dated October 1999. The revision corrects tissue concentration units that were reported as dry weight but were actually wet weight, and updates conclusions based on the correct reporting units. Marine sediment remediation at the United Heckathorn Superfund Site was completed in April 1997. Water and mussel tissues were sampled in February 1999 from four stations near Lauritzen Canal in Richmond, California, for Year 2 of post-remediation monitoring of marine areas near the United Heckathom Site. Dieldrin and dichlorodiphenyl trichloroethane (DDT) were analyzed in water samples, tissue samples from resident mussels, and tissue samples from transplanted mussels deployed for 4 months. Concentrations of dieldrin and total DDT in water and total DDT in tissue were compared with Year 1 of post-remediation monitoring, and with preremediation data from the California State Mussel Watch program (tissue s) and the Ecological Risk Assessment for the United Heckathorn Superfund Site (tissues and water). Mussel tissues were also analyzed for polychlorinated biphenyls (PCB), which were detected in sediment samples. Chlorinated pesticide concentrations in water samples were similar to preremediation levels and did not meet remediation goals. Mean dieldrin concentrations in water ranged from 0.62 ng/L to 12.5 ng/L and were higher than the remediation goal (0.14 ng/L) at all stations. Mean total DDT concentrations in water ranged from 14.4 ng/L to 62.3 ng/L and exceeded the remediation goal (0.59 ng/L) at all stations. The highest concentrations of both DDT and dieldrin were found at the Lauritzen Canal/End station. Despite exceedence of the remediation goals, chlorinated pesticide concentrations in Lauritzen Canal water samples were notably lower in 1999 than in 1998. PCBS were not detected in water samples in 1999.

  2. Value at risk, bank equity and credit risk

    OpenAIRE

    Broll, Udo; Wahl, Jack E.

    2003-01-01

    We study the implications of the value at risk concept for the bank's optimum amount of equity capital under credit risk. The market value of loans is risky and lognormally distributed. We show that the required equity capital depends upon managerial and market factors. Furthermore, the bank's equity and asset/liability management has to be addressed simultaneously by bank managers.

  3. Managing the risks of risk management on large fires

    Science.gov (United States)

    Donald G. MacGregor; Armando. González-Cabán

    2013-01-01

    Large fires pose risks to a number of important values, including the ecology, property and the lives of incident responders. A relatively unstudied aspect of fire management is the risks to which incident managers are exposed due to organizational and sociopolitical factors that put them in a position of, for example, potential liability or degradation of their image...

  4. Ranking environmental liabilities in the petroleum industry

    Energy Technology Data Exchange (ETDEWEB)

    Lupo, M.J.

    1996-12-31

    An exploration, production, transportation, or refining company may have numerous discontinued operations, as well as active process units that may emit potentially hazardous chemicals into the environment. These sources can impact different environmental media including air, soil, groundwater, the unsaturated zone above the water table, and surface water. The number of chemicals of concern may be large. A procedure is put forth for ranking the sources by considering the impact of each chemical in each medium from each source in terms of concentration, release rate, and a weighted index based on toxicity. In addition to environmental impact, the sources can be ranked in three other ways: (1) by cost to remediate, (2) by environmental risk reduction, and (3) by cost benefit. Ranking each remediation project enables management to realize the maximum benefit from environmental remediation projects by strategically planning the investment of limited resources. An example is presented in which a subset of the remediation projects is chosen for funding. If the sources were chosen for remediation based on their risk, one would achieve more than 95% of the planned risk reduction at nearly 75% of the total cost of all of the projects. On the other hand, if the projects were selected based on the cost-benefit analysis, 85% of the planned risk reduction could be attained with only 15.5% of the planned budget.

  5. Fair Value Accounting for Liabilities:The Role of Disclosures in Unraveling the Counterintuitive Income Statement Effect from Credit Risk Changes---An Experimental Evidence based on Individual Investors%会计披露方式对消除金融负债公允价值变动损益的反直觉效应--基于个体投资者的实验证据

    Institute of Scientific and Technical Information of China (English)

    王莉芳; 刘鹏

    2016-01-01

    When liabilities are accounted for fair value , the income statement effects are counterintuitive , which will make the financial statement users to misinterpret the credit risk condition of company .To change this situation , IASB requires that credit risk effects should be presented in other comprehensive income ( OCI) instead of net income .This pa-per analyses and investigates the efficacy of the new format by employing experimental method .The research results show that the new format cannot improve this phenomenon .The research also finds that disclosures that explicitly specify the relation between the direction of the credit risk change and the income statement effect significantly reduce participants ’ misinterpretations , and are more beneficial when the credit risk effects are presented in other comprehensive income (OCI).%当金融负债的会计计量采取公允价值计量属性时会产生“反直觉效应”,因而会诱导报表使用者对企业信用风险状况的误解。2010年5月IASB提出了金融负债公允价值变动损益新的列报形式,主张把这部分损益列报在其他综合收益项目(OCI)。本文以CPA为实验对象进行实证研究后发现新的列报形式并不能改善这一现状,印证了IASB的论断,而采用指明金融负债公允价值变动损益与企业信用风险变动方向的披露方式能够改善这一状况,而且在新的列报形式( OCI)下改善程度更加显著。

  6. Aquatic assessment of the Ely Copper Mine Superfund site, Vershire, Vermont

    Science.gov (United States)

    Seal, Robert R.; Kiah, Richard G.; Piatak, Nadine M.; Besser, John M.; Coles, James F.; Hammarstrom, Jane M.; Argue, Denise M.; Levitan, Denise M.; Deacon, Jeffrey R.; Ingersoll, Christopher G.

    2010-01-01

    The Ely Mine, which operated from 1821 to 1905, and its area of downstream impact constitute the Ely Copper Mine Superfund site. The site was placed on the National Priorities List in 2001. The mine comprises underground workings, foundations from historical structures, several waste-rock piles, roast beds associated with the smelting operation, and slag piles resulting from the smelting. The mine site is drained by Ely Brook, which includes several tributaries, one of which drains a series of six ponds. Ely Brook empties into Schoolhouse Brook, which flows 3.3 kilometers and joins the Ompompanoosuc River.

  7. Geophysical logging at the Cristex Drum National Priorities List Superfund Site near Oxford, North Carolina

    Science.gov (United States)

    Antolino, Dominick J.

    2017-01-01

    The collection of borehole geophysical logs data was conducted by the U.S. Geological Survey South Atlantic Water Science Center in the vicinity of the Cristex Drum National Priorities List Superfund Site near Oxford, North Carolina, during January through March 2016. In an effort to assist the U.S. Environmental Protection Agency in the development of a conceptual groundwater model for the assessment of current contaminant distribution and future migration of contaminants, borehole geophysical log and image data collection, which included the delineation of more than 150 subsurface features (primarily fracture orientations) in 3 open borehole wells.

  8. Physician liability and non-invasive prenatal testing.

    Science.gov (United States)

    Toews, Maeghan; Caulfield, Timothy

    2014-10-01

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

  9. THE CHILD OFFENDER UNDER THE AGE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Niculina KARACSONY

    2015-04-01

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

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

    Science.gov (United States)

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

    2013-01-01

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

  11. Securing insurance protection against fraud and abuse liability.

    Science.gov (United States)

    Callison, S

    1999-07-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  13. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    OpenAIRE

    Elena Emilia STEFAN

    2013-01-01

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

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

    Science.gov (United States)

    Johnson, Matthew W; Griffiths, Roland R

    2013-04-01

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

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

    OpenAIRE

    WOJCIECHOWSKI, PAWEŁ

    2016-01-01

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

  16. Ranking environmental liabilities at a petroleum refinery

    Energy Technology Data Exchange (ETDEWEB)

    Lupo, M. [K. W. Brown Environmental Services, College Station, TX (United States)

    1995-12-31

    A new computer model is available to allow the management of a petroleum refinery to prioritize environmental action and construct a holistic approach to remediation. A large refinery may have numerous solid waste management units regulated by the Resource Conservation and Recovery Act (RCRA), as well as process units that emit hazardous chemicals into the environment. These sources can impact several environmental media, potentially including the air, the soil, the groundwater, the unsaturated zone water, and surface water. The number of chemicals of concern may be large. The new model is able to rank the sources by considering the impact of each chemical in each medium from each source in terms of concentration, release rate, and a weighted index based on toxicity. In addition to environmental impact, the sources can be ranked in three other ways: (1) by cost to remediate, (2) by environmental risk reduction caused by the remediation in terms of the decreases in release rate, concentration, and weighted index, and (3) by cost-benefit, which is the environmental risk reduction for each source divided by the cost of the remedy. Ranking each unit in the refinery allows management to use its limited environmental resources in a pro-active strategic manner that produces long-term results, rather than in reactive, narrowly focused, costly, regulatory-driven campaigns that produce only short-term results.

  17. Research design strategies to evaluate the impact of formulations on abuse liability.

    Science.gov (United States)

    McColl, Shelley; Sellers, Edward M

    2006-06-01

    Scheduling of a chemical drug substance under the Controlled Substances Act (CSA) includes an evaluation of preclinical and clinical safety, and experimental abuse liability studies, as well as information on diversion and overdose. Formulations that mitigate abuse liability, dependence potential and public health risks (e.g., altered absorption rate and tamperability, long half-life, pro-drugs and combination products) are amenable to preclinical and clinical studies to compare their abuse potential to reference compounds. For new formulations (NF) as marketed agents, direct comparison to the immediate release (IR) formulation of the reference compound is typically needed across the full range of potential studies. While the public health advantage of formulation changes in the marketplace can be conceptualized in behavioral economic terms, generating persuasive data is challenging. Study complexity increases because of additional conditions (e.g., placebo, 2-3 doses of the IR formulation, 2-3 doses of the new formulation, and 2-3 doses of the unscheduled or negative control drug), larger sample sizes (study power driven by the comparison of the new formulation versus the IR or placebo), and associated increases in study duration. However, the use of single maximal doses of well-characterized controls can reduce the number of study arms, and using incomplete block designs can reduce study duration. Less typical experimental approaches may also be useful, such as human choice or discrimination procedures, or pre-marketing consumer studies among experienced drug tamperers. New formulations that demonstrate a substantial difference from marketed or reference products have a potential marketing advantage and should require less onerous risk management. Post-marketing epidemiological data demonstrating the lack of abuse will carry the most weight from a public health and physician perspective.

  18. 适用雇主责任的法律效果分析%The Legal Effect of Vicarious Liability

    Institute of Scientific and Technical Information of China (English)

    杜平欢

    2016-01-01

    雇主对受害人承担雇主责任,并不意味着雇员免责,否则受害人将承担雇主无资力的风险,对受害人保护不周。雇员与雇主承担连带责任,才能周延地保护受害人利益。确定二者内部责任分担时,应首先结合雇员对雇主指示、操作规范的违反情况分析雇员过错程度,确定雇主可否追偿,雇员轻过失视为雇主组织瑕疵的衍生物,由雇主全部承担。雇员有重过失或故意时,再依雇主过错程度,适用过失相抵规则,确定追偿份额。%Employer has to bear the vicarious liability for the victim,but it does not mean that employee need not undertake the liability for the victim, otherwise the victim will bear the risk of being uncompensated, which is unfair to victim. The employer and employee undertake joint liability, and then the interest of victim can be protected comprehensively. When determining the internal responsibility, we should consider employee’s violation of their employer’s instructions and of the code of practice so as to analyze the employee’s degree of fault and determine whether the employer has the right of recourse. The light negligence by the employee may only be a by-product of the organization. In that case, employees should be released from the liability of any compensation and the employer assumes all liability. When the employees are guilty of gross or deliberate negligence, the rule of contributory negligence is applied to determine the share of recourse according to the fault of the employer.

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

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi

    2013-01-01

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

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

    OpenAIRE

    Salov, A.; Maslov, V.

    2014-01-01

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

  1. ASSESSMENT OF VAPOR INTRUSION IN HOMES NEAR THE RAYMARK SUPERFUND SITE USING BASEMENT AND SUB-SLAB AIR SAMPLES

    Science.gov (United States)

    This report describes the results of an investigation conducted to assist EPA’s New England Regional Office in evaluating vapor intrusion at 15 homes and one commercial building near the Raymark Superfund Site in Stratford, Connecticut. Methods were developed to sample sub-slab ...

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

    Directory of Open Access Journals (Sweden)

    Hui-Yin Tsai

    2008-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    HAN Shiyuan

    2006-01-01

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

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

    Science.gov (United States)

    2010-04-01

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

  5. Apology Should not be Taken as a Civil Liability%刍议赔礼道歉不应作为一项民事责任

    Institute of Scientific and Technical Information of China (English)

    戴振华

    2015-01-01

    As for whether taking the apology as a kind of civil liability or not, different countries have different practices.But it is taken as an independent civil liability from the moral level to an independent civil liability in China.However, as a legal liabil-ity, apology can not achieve the original intention of the system and the unconstitutional risk, implement difficulties and poor effect. When the compulsory execution on the assailant is involuntary, the apology should be a moral obligation.If the assailant like to a-pology which is based on unconstraint, the court may sentence that the assailant can reduce the amount of compensation.%是否将赔礼道歉作为一项民事责任,世界各国的做法不尽相同,而我国则是将其从道德层面上升为一项独立的民事责任。但是赔礼道歉作为一项法律责任,在加害人非自愿情形下被强制执行,非但达不到制度设计的初衷,而且无法解决违宪风险、执行困难和效果不佳这三重困境。所以赔礼道歉应当被还原成一种道德责任,如果加害人自愿作出,法院可酌情减少赔偿数额。

  6. The Practice of Cranial Neurosurgery and the Malpractice Liability Environment in the United States

    Science.gov (United States)

    Wong, Kendrew; MacKenzie, Todd A.

    2015-01-01

    Object The potential imbalance between malpractice liability cost and quality of care has been an issue of debate. We investigated the association of malpractice liability with unfavorable outcomes and increased hospitalization charges in cranial neurosurgery. Methods We performed a retrospective cohort study involving patients who underwent cranial neurosurgical procedures from 2005-2010, and were registered in the National Inpatient Sample (NIS) database. We used data from the National Practitioner Data Bank (NPDB) from 2005 to 2010 to create measures of volume and size of malpractice claim payments. The association of the latter with the state-level mortality, length of stay (LOS), unfavorable discharge, and hospitalization charges for cranial neurosurgery was investigated. Results During the study period, there were 189,103 patients (mean age 46.4 years, with 48.3% females) who underwent cranial neurosurgical procedures, and were registered in NIS. In a multivariable regression, higher number of claims per physician in a state was associated with increased ln-transformed hospitalization charges (beta 0.18; 95% CI, 0.17 to 0.19). On the contrary, there was no association with mortality (OR 1.00; 95% CI, 0.94 to 1.06). We observed a small association with unfavorable discharge (OR 1.09; 95% CI, 1.06 to 1.13), and LOS (beta 0.01; 95% CI, 0.002 to 0.03). The size of the awarded claims demonstrated similar relationships. The average claims payment size (ln-transformed) (Pearson’s rho=0.435, P=0.01) demonstrated a positive correlation with the risk-adjusted hospitalization charges but did not demonstrate a correlation with mortality, unfavorable discharge, or LOS. Conclusions In the present national study, aggressive malpractice environment was not correlated with mortality but was associated with higher hospitalization charges after cranial neurosurgery. In view of the association of malpractice with the economics of healthcare, further research on its impact is

  7. Problematizing "Risk" and the Principalship: The Risky Business of Managing Risk in Schools

    Science.gov (United States)

    Starr, Karen

    2012-01-01

    Over the past two decades, risk in education has stimulated increasing attention and prominence, with principals bearing responsibility and liability for "managing" risk in schools. As a consequence, compulsory risk compliance regimes have become increasingly complex, technical and time-consuming. This article focuses on the responses of…

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

    Science.gov (United States)

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

    2014-10-01

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

  9. Congressional Testimony: Statement of Wade T. Najjum Before the Subcommittee on Superfund and Environmental Health Committee on Environment and Public Works United States Senate

    Science.gov (United States)

    Statement of Wade T. Najjum Assistant Inspector General for Program Evaluation U.S. EPA Office of Inspector General Before the Subcommittee on Superfund and Environmental Health Committee on Environment and Public Works United States Senate

  10. Environmental contaminants in fish and mussels from Meddybemps Lake, the Dennys River, and East Machias River - Eastern Surplus Superfund Site, Meddybemps, Maine

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — From 1946 to the early 1980s, the 3-acre Eastern Surplus Superfund Site in Meddybemps, Maine, was used for the disposal and storage of surplus military equipment and...

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

    Science.gov (United States)

    Boutonnet, Mathilde

    2014-03-01

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

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

    Science.gov (United States)

    Sherwill-Navarro, P

    1998-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Vitaly Stepashin

    2017-01-01

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

  14. A path integral approach to asset-liability management

    Science.gov (United States)

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

    2006-05-01

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

  15. Exchange Rate Risk Measurement and Management: Issues and Approaches for Public Debt Managers

    OpenAIRE

    Michael G. Papaioannou

    2009-01-01

    This paper presents conventional and alternative exchange-rate risk measures for government bonds, and outlines liability management operations for dealing with currency exposure. These risk measures and liability management operations are analyzed from the perspective of a sovereign debt manager. In particular, we examine the VaR statistic as a prominent measure of exchange rate risk exposure, along with an integrated VaR approach for the simultaneous estimation of a bonded portfolio’s int...

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

    Institute of Scientific and Technical Information of China (English)

    张秋荣

    2001-01-01

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

  17. 26 CFR 20.2206-1 - Liability of life insurance beneficiaries.

    Science.gov (United States)

    2010-04-01

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

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

    NARCIS (Netherlands)

    Husovec, Martin

    2014-01-01

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

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

    Science.gov (United States)

    Sorenson, Gail Paulus

    1993-01-01

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

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

    OpenAIRE

    2014-01-01

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

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

    Science.gov (United States)

    Beckham, Joseph

    1995-01-01

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

  2. 42 CFR 418.400 - Individual liability for coinsurance for hospice care.

    Science.gov (United States)

    2010-10-01

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

  3. 48 CFR 252.247-7016 - Contractor liability for loss or damage.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    2010-04-01

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

  5. 26 CFR 1.752-3 - Partner's share of nonrecourse liabilities.

    Science.gov (United States)

    2010-04-01

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

  6. 17 CFR 232.103 - Liability for transmission errors or omissions in documents filed via EDGAR.

    Science.gov (United States)

    2010-04-01

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

  7. 24 CFR 213.277 - Right and liability under the Cooperative Management Housing Insurance Fund.

    Science.gov (United States)

    2010-04-01

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

  8. 13 CFR 120.524 - When is SBA released from liability on its guarantee?

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Hamilton, Thomas E.

    1991-01-01

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

  10. 26 CFR 1.357-2 - Liabilities in excess of basis.

    Science.gov (United States)

    2010-04-01

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

  11. 26 CFR 521.115 - Credit against United States tax liability for Danish tax.

    Science.gov (United States)

    2010-04-01

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

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

    NARCIS (Netherlands)

    Husovec, Martin

    2014-01-01

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

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

    NARCIS (Netherlands)

    Plakokefalos, I.

    2013-01-01

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

  14. 17 CFR 1.2 - Liability of principal for act of agent.

    Science.gov (United States)

    2010-04-01

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

  15. 26 CFR 1.752-2 - Partner's share of recourse liabilities.

    Science.gov (United States)

    2010-04-01

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

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

    NARCIS (Netherlands)

    B. van der Sloot

    2015-01-01

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

  17. Continued geophysical logging near the GMH Electronics National Priorities List Superfund site near Roxboro, North Carolina

    Science.gov (United States)

    Antolino, Dominick J.; Chapman, Melinda J.

    2017-01-06

    The U.S. Geological Survey South Atlantic Water Science Center collected borehole geophysical logs and images and continuous water-level data near the GMH Electronics National Priorities List Superfund site near Roxboro, North Carolina, during December 2012 through July 2015. Previous work by the U.S. Geological Survey South Atlantic Water Science Center at the site involved the collection of borehole geophysical log data in 15 wells, in addition to surface geologic mapping and passive diffusion bag sampling. In a continued effort to assist the U.S. Environmental Protection Agency in developing a conceptual groundwater model to assess current contaminant distribution and future migration of contaminants, more than 900 subsurface features (primarily fracture orientations) in 10 open borehole wells were delineated and continuous water-level data information from 14 monitoring wells within close proximity of the initially drilled boreholes was collected to observe any induced water-level fluctuations during drilling operations

  18. Raman spectroscopy of efflorescent sulfate salts from Iron Mountain Mine Superfund Site, California.

    Science.gov (United States)

    Sobron, Pablo; Alpers, Charles N

    2013-03-01

    The Iron Mountain Mine Superfund Site near Redding, California, is a massive sulfide ore deposit that was mined for iron, silver, gold, copper, zinc, and pyrite intermittently for nearly 100 years. As a result, both water and air reached the sulfide deposits deep within the mountain, producing acid mine drainage consisting of sulfuric acid and heavy metals from the ore. Particularly, the drainage water from the Richmond Mine at Iron Mountain is among the most acidic waters naturally found on Earth. The mineralogy at Iron Mountain can serve as a proxy for understanding sulfate formation on Mars. Selected sulfate efflorescent salts from Iron Mountain, formed from extremely acidic waters via drainage from sulfide mining, have been characterized by means of Raman spectroscopy. Gypsum, ferricopiapite, copiapite, melanterite, coquimbite, and voltaite are found within the samples. This work has implications for Mars mineralogical and geochemical investigations as well as for terrestrial environmental investigations related to acid mine drainage contamination.

  19. Raman spectroscopy of efflorescent sulfate salts from Iron Mountain Mine Superfund Site, California

    Science.gov (United States)

    Sobron, Pablo; Alpers, Charles N.

    2013-01-01

    The Iron Mountain Mine Superfund Site near Redding, California, is a massive sulfide ore deposit that was mined for iron, silver, gold, copper, zinc, and pyrite intermittently for nearly 100 years. As a result, both water and air reached the sulfide deposits deep within the mountain, producing acid mine drainage consisting of sulfuric acid and heavy metals from the ore. Particularly, the drainage water from the Richmond Mine at Iron Mountain is among the most acidic waters naturally found on Earth. The mineralogy at Iron Mountain can serve as a proxy for understanding sulfate formation on Mars. Selected sulfate efflorescent salts from Iron Mountain, formed from extremely acidic waters via drainage from sulfide mining, have been characterized by means of Raman spectroscopy. Gypsum, ferricopiapite, copiapite, melanterite, coquimbite, and voltaite are found within the samples. This work has implications for Mars mineralogical and geochemical investigations as well as for terrestrial environmental investigations related to acid mine drainage contamination.

  20. Surface geophysics and porewater evaluation at the Lower Darby Creek Area Superfund Site, Philadelphia, Pennsylvania, 2013

    Science.gov (United States)

    Walker, Charles W.; Degnan, James R.; Brayton, Michael J.; Cruz, Roberto M.; Lorah, Michelle M.

    2015-01-01

    In cooperation with the U.S. Environmental Protection Agency (EPA), Region 3, the U.S. Geological Survey (USGS) is participating in an ongoing study to aid in the identification of subsurface heterogeneities that may act as preferential pathways for contaminant transport in and around the Lower Darby Creek Area (LDCA) Superfund Site, Philadelphia Pa. Lower Darby Creek, which flows into the Delaware River, borders the western part of the former landfill site. In 2013, the USGS conducted surface geophysics measurements and stream porewater sampling to provide additional data for EPA’s site characterization. This report contains data collected from field measurements of direct current (DC) resistivity, frequency-domain electromagnetic (FDEM) surveys, and stream porewater specific conductance (SC).

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

    Directory of Open Access Journals (Sweden)

    Daniel A. Peak

    1998-01-01

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

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

    Science.gov (United States)

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

    2016-08-18

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

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

    Directory of Open Access Journals (Sweden)

    ANDRADA TRUSCA

    2011-04-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-07-01

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

  5. The Company Director’s Liability for Untrue Statements

    Directory of Open Access Journals (Sweden)

    Tolstov Leonid

    2014-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Utter, Robert

    2012-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Alice Aquino ZANIN

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

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

    Institute of Scientific and Technical Information of China (English)

    张瑞纲; 胡盛楠

    2014-01-01

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

  9. 27 CFR 70.482 - Offers in compromise of liabilities (other than forfeiture) under 26 U.S.C.

    Science.gov (United States)

    2010-04-01

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

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

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    2010-10-01

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

  12. The Evolution of the Trust: A Creative Solution of Trustee Liability under CERCLA

    Science.gov (United States)

    1993-09-30

    416 (1984)). 14 71d. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980). 38 determined exercise of in personam jurisdiction over the...management ethics and improving public-private sector collaboration on controversial environmental and health safety issues. Superfund Working Papers, Clean

  13. On the Subject of Civi Liability for Transbonndary Environmental Damage%论跨界环境损害民事责任主体

    Institute of Scientific and Technical Information of China (English)

    陈嘉

    2011-01-01

    Whether from protecting a disadvantaged minority or from environmental protection or "risks and benefits" principle, the subject of liability should undertake strict liability. However, the highly risks have the subject of liability not undertake all of loss. Therefore, after deternain~ng the business people is the main and the first responsibility ,the convention sets the obligations of the insurer and the fund,who is the supplementary subject of liability, in order to balancing the interests of all parties relations.%无论是从保护弱势群体,还是从保护环境抑或“风险和收益并存”原理角度,都应科以经营者严格责任。但由于其所从事的活动的特殊性,不能由其承担所有由此带来的损失,应让其他责任主体参与进来,因此,在确定经营人为首要的责任主体后,为了平衡各方利益关系,同时需规定责任保险人、基金等责任主体,但与经营者不同。其无论在赔徭范围还是赔偿顺序上承担的都只是补充责任。

  14. Risk

    Science.gov (United States)

    Barshi, Immanuel

    2016-01-01

    Speaking up, i.e. expressing ones concerns, is a critical piece of effective communication. Yet, we see many situations in which crew members have concerns and still remain silent. Why would that be the case? And how can we assess the risks of speaking up vs. the risks of keeping silent? And once we do make up our minds to speak up, how should we go about it? Our workshop aims to answer these questions, and to provide us all with practical tools for effective risk assessment and effective speaking-up strategies..

  15. Familial liability, obstetric complications and childhood development abnormalities in early onset schizophrenia: a case control study

    Directory of Open Access Journals (Sweden)

    Lucarelli Elisabetta

    2011-04-01

    Full Text Available Abstract Background Genetic and environmental risk factors and gene-environment interactions are linked to higher likelihood of developing schizophrenia in accordance with the neurodevelopmental model of disease; little is known about risk factors and early development in early-onset schizophrenia (EOS and very early-onset schizophrenia (VEOS. Methods We present a case-control study of a sample of 21 patients with EOS/VEOS and a control group of 21 patients with migraine, recruited from the Child Neuropsychiatry Unit, Department of Neurologic and Psychiatric Science, University of Bari, Italy. The aim was to assess the statistical association between VEOS/EOS and family history for psychiatric disorders, obstetric complications and childhood developmental abnormalities using 2 × 2 tables and a Chi Squared or Fisher test. Results The results show a statistical association between EOS/VEOS and schizophrenia and related disorders (P = 0.02 and personality disorders (P = 0.003 in relatives, and between EOS/VEOS and developmental abnormalities of early relational skills (P = 0.008 and learning (P = 0.04; there is not a statistically relevant difference between cases and controls (P > 0.05 for any obstetric complications (pre, peri and postpartum. Conclusions This study confirms the significant role of familial liability but not of obstetric complications in the pathogenesis of VEOS/EOS; the association between childhood developmental abnormalities and EOS/VEOS supports the neurodevelopmental model of disease.

  16. The role of genetic liability in the association of urbanicity at birth and during upbringing with schizophrenia in Denmark

    DEFF Research Database (Denmark)

    Paksarian, Diana; Trabjerg, B B; Merikangas, K R

    2017-01-01

    was associated with urbanicity at birth and at age 15, and to assess whether PRS and parental history of mental disorder together explained the association between urbanicity and schizophrenia. METHODS: Data were drawn from Danish population registries. Cases born since 1981 and diagnosed with schizophrenia......BACKGROUND: Studies have indicated that the association of urbanicity at birth and during upbringing with schizophrenia may be driven by familial factors such as genetic liability. We used a population-based nested case-control study to assess whether polygenic risk score (PRS) for schizophrenia...... in the capital compared with rural areas at age 15 [odds ratio (OR) 1.19, 95% confidence interval (CI) 1.01-1.40], but not at birth (OR 1.09, 95% CI 0.95-1.26). Adjustment for PRS produced almost no change in relative risks of schizophrenia associated with urbanicity at birth, but slightly attenuated those...

  17. 水污染强制责任保险的价值与建构%Value and Construction of Compulsory Liability Insurance Against Water Pollution

    Institute of Scientific and Technical Information of China (English)

    李挺宇

    2015-01-01

    Currently ,environmental pollution is a serious issue in China .To handle it ,compulsory liability insurance against environmental pollution may serve as an effective measure .As a basic type of environmental pollution ,water pollution has its ow n unique features .Priority should be given to compulsory liability insurance due to its great significance and value in dealing with water pollution .Although the government has introduced the relevant guidelines of compulsory liability insurance against environmental pollution , it is still necessary to construct the specific compulsory liability insurance against water pollution .The construction principles are included in but not limited to the following -valuing the particularity of water pollution ,publicizing step by step ,stressing case solution and balancing interests . To optimize the effect of compulsory liability insurance against water pollution , such related mechanisms need to be implemented as the environmental liability system of the government , the participation and supervision system of insurance companies ,the litigation system of public interests and the dispersive system of risk assessment .%中国目前面临着严重的环境污染问题,环境污染强制责任保险是有效的解决措施。由于水污染是环境污染中的基本类型,同时又具有其自身独特之处,因此应当重视强制责任保险在水污染事件处理中的重要意义和价值。虽然目前已经出台了环境污染强制责任保险的相关指导意见,但是,仍然有必要建构专门针对水污染的强制责任保险,建构的基本原则包括重视水污染问题特殊性原则、循序渐进的推广原则、注重个案解决原则和综合利益平衡原则等。同时,水污染强制责任保险还需要一些相关机制的配合,才能发挥最佳效果,这些机制主要包括政府的环境责任制度、保险公司监督参与机制、公益诉讼制度和风险评估分散机制等。

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

    Science.gov (United States)

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

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Natalia Saitarli

    2015-08-01

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

  20. Noncombatants and liability to be attacked in wars

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2013-01-01

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

  1. Current aspects of penal surgical liability in Greece.

    Science.gov (United States)

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

    2013-05-01

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

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Science.gov (United States)

    Terranova, Claudio; Sartore, Daniela

    2013-03-01

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

  4. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    Directory of Open Access Journals (Sweden)

    ELENA EMILIA ŞTEFAN

    2013-05-01

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

  5. BRIEF CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF THE MAGISTRATES

    Directory of Open Access Journals (Sweden)

    Elena Emilia STEFAN

    2013-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Rafael Sales Rios

    2013-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Mirela Paula Costache

    2013-08-01

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

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

    Science.gov (United States)

    Weiss, Kenneth J; Farrell, J Michael

    2006-01-01

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

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

    DEFF Research Database (Denmark)

    Haites, E.; Missfeldt, F.

    2001-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Nicolo Zingales

    2015-12-01

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

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

    Directory of Open Access Journals (Sweden)

    So Yeon Kim

    2016-12-01

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

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

    Directory of Open Access Journals (Sweden)

    S. Travinska

    2013-11-01

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

  13. Superfund and Toxic Release Inventory Sites, StateCERCLIS-This data set contains potential EPA Superfund sites. These locations represent sites, not contaminated areas., Published in 2008, 1:100000 (1in=8333ft) scale, State of Utah Automated Geographic Reference Center.

    Data.gov (United States)

    NSGIC GIS Inventory (aka Ramona) — This Superfund and Toxic Release Inventory Sites dataset, published at 1:100000 (1in=8333ft) scale, was produced all or in part from Field Survey/GPS information as...

  14. Superfund and Toxic Release Inventory Sites, Point or polygon geo-location of federally designated superfund sites in Wisconsin. Usually geolocated via on screen digitizing against DOPs (could be geo-located via GPS). Source year of DOPs vary, Published in unknown, 1:4800 (1in=400ft) scale, Wisconsin DNR - Bureau of Remediation and Redevelopment.

    Data.gov (United States)

    NSGIC GIS Inventory (aka Ramona) — This Superfund and Toxic Release Inventory Sites dataset, published at 1:4800 (1in=400ft) scale, was produced all or in part from Orthoimagery information as of...

  15. Pricing Insurance and Warranties: Ambiguity and Correlated Risks

    Science.gov (United States)

    1988-11-01

    profit. Boston: Houghton Mifflin. Kunreuther, H. (1987). Problems and issues of environmental liability insurance. The Geneva Papers on Risk and Insurance , 12...324-329. Stone, J. (1973). A theory of capacity and the insurance of catastrophe risks (Part I). Journal of Risk and Insurance , 40, 231-243. Tetlock

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

    Directory of Open Access Journals (Sweden)

    Andreea Stoican

    2016-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Maria Carmen HUIAN

    2015-12-01

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

  18. 78 FR 76332 - Proposed Submission of Information Collection for OMB Review; Comment Request; Liability for...

    Science.gov (United States)

    2013-12-17

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

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

    Directory of Open Access Journals (Sweden)

    Wahyu Yun Santoso

    2016-04-01

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

  20. 18 CFR 367.2450 - Account 245, Derivative instrument liabilities-Hedges

    Science.gov (United States)

    2010-04-01

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

  1. Environmental Social Stress, Paranoia and Psychosis Liability: A Virtual Reality Study.

    Science.gov (United States)

    Veling, Wim; Pot-Kolder, Roos; Counotte, Jacqueline; van Os, Jim; van der Gaag, Mark

    2016-11-01

    The impact of social environments on mental states is difficult to assess, limiting the understanding of which aspects of the social environment contribute to the onset of psychotic symptoms and how individual characteristics moderate this outcome. This study aimed to test sensitivity to environmental social stress as a mechanism of psychosis using Virtual Reality (VR) experiments. Fifty-five patients with recent onset psychotic disorder, 20 patients at ultra high risk for psychosis, 42 siblings of patients with psychosis, and 53 controls walked 5 times in a virtual bar with different levels of environmental social stress. Virtual social stressors were population density, ethnic density and hostility. Paranoia about virtual humans and subjective distress in response to virtual social stress exposures were measured with State Social Paranoia Scale (SSPS) and self-rated momentary subjective distress (SUD), respectively. Pre-existing (subclinical) symptoms were assessed with the Community Assessment of Psychic Experiences (CAPE), Green Paranoid Thoughts Scale (GPTS) and the Social Interaction Anxiety Scale (SIAS). Paranoia and subjective distress increased with degree of social stress in the environment. Psychosis liability and pre-existing symptoms, in particular negative affect, positively impacted the level of paranoia and distress in response to social stress. These results provide experimental evidence that heightened sensitivity to environmental social stress may play an important role in the onset and course of psychosis.

  2. Airport operator and aircraft operator in case of bird strike. Relations, obligations and liability

    Directory of Open Access Journals (Sweden)

    Sylwia KACZYŃSKA-ADAMCZYK

    2011-01-01

    Full Text Available Air transport is subject to various risks. One of them is bird strike hazard. Despite numerous regulations concerning prevention from this type of occurrence, it is not possible to eliminate them entirely.Bird strikes most often take place during take-off and landing, that is on or in the vicinity of an airport. For that reason airport operators are the first parties that can be made accountable for this occurence. International law imposes numerous responsibilities on airport operators in terms of bird strike hazard prevention on air operations, thus placing airport operators in a “key position” in the system of safety. However, the party that suffers significant damages in the first instance, is the aircraft operator. If a bird strike takes place on or in the vicinity of an airport, an aicraft operator can sue the airport operator for compensation of damages. Generally, the issue of indemnity is subject to out of court negotiations, however instances in which there is a lack of agreement between the parties, i.e. airport operator, aircraft operator or their insurers, lead to legal proceedings for compensation.This article attempts to illustrate the relationship between air traffic participants such as airport operators and aircraft operators in connection with their obligations and liability, particulary taking into account the legal obligations of an airport operator.

  3. Abuse liability measures for use in analgesic clinical trials in patients with pain: IMMPACT recommendations.

    Science.gov (United States)

    O'Connor, Alec B; Turk, Dennis C; Dworkin, Robert H; Katz, Nathaniel P; Colucci, Robert; Haythornthwaite, Jennifer A; Klein, Michael; O'Brien, Charles; Posner, Kelly; Rappaport, Bob A; Reisfield, Gary; Adams, Edgar H; Balster, Robert L; Bigelow, George E; Burke, Laurie B; Comer, Sandra D; Cone, Edward; Cowan, Penney; Denisco, Richard A; Farrar, John T; Foltin, Richard W; Haddox, J David; Hertz, Sharon; Jay, Gary W; Junor, Roderick; Kopecky, Ernest A; Leiderman, Deborah B; McDermott, Michael P; Palmer, Pamela P; Raja, Srinivasa N; Rauschkolb, Christine; Rowbotham, Michael C; Sampaio, Cristina; Setnik, Beatrice; Smith, Shannon M; Sokolowska, Marta; Stauffer, Joseph W; Walsh, Sharon L; Zacny, James P

    2013-11-01

    Assessing and mitigating the abuse liability (AL) of analgesics is an urgent clinical and societal problem. Analgesics have traditionally been assessed in randomized clinical trials (RCTs) designed to demonstrate analgesic efficacy relative to placebo or an active comparator. In these trials, rigorous, prospectively designed assessment for AL is generally not performed. The Initiative on Methods, Measurement, and Pain Assessment in Clinical Trials (IMMPACT) convened a consensus meeting to review the available evidence and discuss methods for improving the assessment of the AL of analgesics in clinical trials in patients with pain. Recommendations for improved assessment include: (1) performing trials that include individuals with diverse risks of abuse; (2) improving the assessment of AL in clinical trials (eg, training study personnel in the principles of abuse and addiction behaviors, designing the trial to assess AL outcomes as primary or secondary outcome measures depending on the trial objectives); (3) performing standardized assessment of outcomes, including targeted observations by study personnel and using structured adverse events query forms that ask all subjects specifically for certain symptoms (such as euphoria and craving); and (4) collecting detailed information about events of potential concern (eg, unexpected urine drug testing results, loss of study medication, and dropping out of the trial). The authors also propose a research agenda for improving the assessment of AL in future trials.

  4. The Voluntary Remediation and Redevelopment Act - West Virginia restructures environmental liability

    Energy Technology Data Exchange (ETDEWEB)

    Bradley, M.A.; Yaussy, D.L. [Robinson & McElwee, Charleston, West Virginia (United States)

    1997-11-01

    The Act provides the skeleton of the voluntary remediation program; the rules are the muscles and sinew necessary to make the program work. The Act sets an ambitious schedule of one year for developing all the rules needed to implement the program. Recognizing the difficulty of putting together a complex program, especially the technical standards, in such a short period of time, the Director convened a Steering Committee consisting of representatives of industry, government and environmental groups, and the general public, to develop an initial set of draft rules. The rules were proposed shortly before the 1997 Regular Session of the West Virginia Legislature convened. The ultimate impact of West Virginia`s new voluntary remediation program must await the adoption of implementing rules and experience under the program. The Act contains the essential components for an effective program, including protection from liability, certainty in remediation cleanup standards and recognition of the concept of relative risk in developing those standards. With a cohesive set of rules and an aggressive posture by the Director in implementing the program consistent with the goals of the Act, West Virginia could be a leader in the country in voluntary remediation programs.

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

    Institute of Scientific and Technical Information of China (English)

    杨立新

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Slobodan Kaštela

    2012-10-01

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

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

    OpenAIRE

    Nicolo Zingales

    2014-01-01

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

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

    OpenAIRE

    Cheung, ASY

    2015-01-01

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

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

    OpenAIRE

    Usul, Hayrettin; ÖZER KEÇE, Figen

    2016-01-01

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

  10. Phytoextraction of Pb and Cd from a superfund soil: effects of amendments and croppings.

    Science.gov (United States)

    Bricker, T J; Pichtel, J; Brown, H J; Simmons, M

    2001-01-01

    In a growth chamber, maize (Zea mays) and Indian mustard (Brassica juncea) were grown over two croppings in soil from a Superfund site (PbTotal = 65,200 mg/kg and CdTotal = 52mg/kg). Soil treatments consisted of ethylenediaminetetraacetic acid, sodium citrate and composted sewage sludge, each at two rates (EDTA .05%, EDTA .2%, citrate .05%, citrate .2%, CSS 5% and CSS 10%, respectively). In most cases, the EDTA and citrate treatments were superior in terms of solubilizing soil Pb for root uptake and translocation into above-ground biomass. In the first maize crop, the EDTA .2% treatment resulted in 2,435 and 9,389mg/kg Pb in shoot and root tissues, respectively. The CSS treatments typically resulted in lowest Pb and Cd removal efficiencies. Lead remaining in the soil after two croppings was mainly associated with the carbonate, organic, and residual fractions, which represent the less bioavailable forms. Soil Cd was generally more mobile for plant uptake than soil Pb. The EDTA .2% and citrate treatments were most successful in promoting Cd uptake by both maize and mustard. Although Pb concentrations (mg/kg tissue) were lower for maize than mustard, the former removed more total Pb (0.2 mg per pot, mean over all treatments), compared to mustard (0.03 mg), by virtue of its higher biomass production.

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

    Directory of Open Access Journals (Sweden)

    KALLAS FILHO, Elias

    2015-06-01

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

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

    Institute of Scientific and Technical Information of China (English)

    韩超

    2014-01-01

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

  13. 设立学生实习责任保险的必要性与可行性研究%The Necessity and Feasibility Research of Setting up Student Practice Liability Insurance

    Institute of Scientific and Technical Information of China (English)

    吴郁芬

    2014-01-01

    Practice liability insurance plays a vital role in solving practice disputes concerning com pensation for dam age, scattering school internship injury risk, alleviateing the pressure of the internship unit com pensation, defending personal rights and interests of students and im proving the system of liability insurance. It is necessary and feasible to set up practice liability insurance: injury risk belongs to pure risk, insurable risk; insurance developm ent has good internal driving force; insurance developm ent has broad m arket space. To give full play to the scattering risks function of the practice liability insurance, it can be established as policy-based insurance.%实习责任保险在解决实习伤害赔偿纠纷、分散学校实习伤害风险、缓解实习单位赔偿压力、维护学生人身权益、健全责任保险制度等方面发挥着举足轻重的作用。设立实习责任保险不仅必要而且可行:伤害风险属于纯粹风险、可保风险;保险开发具有良好的内驱力;保险发展具有广阔的市场空间。要充分发挥实习责任保险分散风险的功能,可以考虑将之确立为政策性保险。

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

    Institute of Scientific and Technical Information of China (English)

    吴怡缔; 方立维

    2012-01-01

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

  15. Department of Defense Environmental Cleanup Cost Allowability Policy.

    Science.gov (United States)

    1994-12-01

    risks associated with TCE focused on its use as an anesthetic. In addition, TCE was used as a coffee decaffeinator , septic tank cleaner and was an...million in those days, and TCE was used in decaffeinating coffee. [Ref. 81:p. 2] Superfund has also brought about a change to the old idea that "liability

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

    Directory of Open Access Journals (Sweden)

    Aleksander Andreevich Tsyganov

    2016-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Andary Michael T

    2008-01-01

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

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

    Science.gov (United States)

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

    2011-03-01

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

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

    Directory of Open Access Journals (Sweden)

    POPEANGĂ VASILE NICOLAE

    2015-03-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Keune, H.

    1981-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Andrea Verzeletti

    2016-12-01

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

  2. 食品安全责任保险二元结构论%Dual Structure Theory of Food Safety Liability Insurance

    Institute of Scientific and Technical Information of China (English)

    李新天; 印通

    2012-01-01

    The compulsory liability insurance does not apply to all toocl satety llalamty, we may take geneucaixy modified foods, children' s foods and other similar foods into the coverage of compulsory liability insurance according to food scientific research, probability of food safety incident, degree of risk and other factors. Food safety liability insurance is made up of compulsory insurance and voluntary insurance. On the terms of food safety compulsory insurance, producer is the only subject to insure. When we identified the exception responsibility, the insured' s "intention" should be properly defined. Based on the fact that insurance rate is low in the field of voluntary insurance, tax, food marketing and other measures should be taken to promote the development of food safety liability insurance. The basic function of liability insurance is to remedy the damage, punitive damages is to punish producer and seller, so the insurer should be not liable for punitive damages.%关于食品安全责任保险,应当结合食品科学的研究以及食品安全事故发生的概率、危险程度等因素,将转基因食品、儿童食品等纳入强制责任保险,不能笼统地将所有食品安全责任纳入强制责任保险。对食品安全责任保险实行强制保险和自愿保险二元结构。就食品安全责任强制保险而言,强制投保的对象应仅限于生产者,在认定保险人的除外责任时,应正确认定被保险人的“故意”。在食品安全责任自愿保险领域,针对投保率低的现状,应当在税收、食品营销等方面采取相应措施,来推动食品安全责任保险的发展。保险人的保险金给付义务仅限于损害补偿部分,惩罚性赔偿金的目的在于惩罚生产者、销售者,因此不能通过责任保险来分散风险。

  3. 公立医院资产负债表水平分析的实证研究%Empirical Study on Horizontal Analysis of Statement of Assets and Liabilities in Public Hospitals

    Institute of Scientific and Technical Information of China (English)

    黄卫东; 刘国祥; 徐小雪; 张歆; 贺长志; 郑二维

    2011-01-01

    本文运用资产负债表水平分析法对33所三级公立医院资产负债表进行实证研究,分析医院资产负债表中各项目的变动程度及其变动原因,从而揭示医院经济运营中的财务风险和经营风险,为医院的经营管理和投资决策提供依据.%Statements of assets and liabilities in 33 public hospitals were studied by empirical study on horizontal analysis to analyze the changes and the reasons of statements of assets and liabilities. Financial risk and operational risk in hospital operation & management were revealed and finance information for hospital investment and hospital operation & management was provided.

  4. Geochemical Characteristics of TP3 Mine Wastes at the Elizabeth Copper Mine Superfund Site, Orange County, Vermont

    Science.gov (United States)

    Hammarstrom, Jane M.; Piatak, Nadine M.; Seal, Robert R., II; Briggs, Paul H.; Meier, Allen L.; Muzik, Timothy L.

    2003-01-01

    Remediation of the Elizabeth mine Superfund site in the Vermont copper belt poses challenges for balancing environmental restoration goals with issues of historic preservation while adopting cost-effective strategies for site cleanup and long-term maintenance. The waste-rock pile known as TP3, at the headwaters of Copperas Brook, is especially noteworthy in this regard because it is the worst source of surface- and ground-water contamination identified to date, while also being the area of greatest historical significance. The U.S. Geological Survey (USGS) conducted a study of the historic mine-waste piles known as TP3 at the Elizabeth mine Superfund site near South Strafford, Orange County, VT. TP3 is a 12.3-acre (49,780 m2) subarea of the Elizabeth mine site. It is a focus area for historic preservation because it encompasses an early 19th century copperas works as well as waste from late 19th- and 20th century copper mining (Kierstead, 2001). Surface runoff and seeps from TP3 form the headwaters of Copperas Brook. The stream flows down a valley onto flotation tailings from 20th century copper mining operations and enters the West Branch of the Ompompanoosuc River approximately 1 kilometer downstream from the mine site. Shallow drinking water wells down gradient from TP3 exceed drinking water standards for copper and cadmium (Hathaway and others, 2001). The Elizabeth mine was listed as a Superfund site in 2001, mainly because of impacts of acid-mine drainage on the Ompompanoosuc River.

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

    Directory of Open Access Journals (Sweden)

    DIANA-NICOLETA DASCALU

    2012-05-01

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

  6. Incorporating ecological risk assessment into remedial investigation/feasibility study work plans

    Energy Technology Data Exchange (ETDEWEB)

    1994-06-01

    This guidance document (1) provides instructions on preparing the components of an ecological work plan to complement the overall site remedial investigation/feasibility study (RI/FS) work plan and (2) directs the user on how to implement ecological tasks identified in the plan. Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), and RI/FS work plan will have to be developed as part of the site-remediation scoping process. Specific guidance on the RI/FS process and the preparation of work plans has been developed by the US Environmental Protection Agency (EPA 1988a). This document provides guidance to US Department of Energy (DOE) staff and contractor personnel for incorporation of ecological information into environmental remediation planning and decision making at CERCLA sites.

  7. Superfund record of decision (EPA Region 4): Helena Chemical Company, (Tampa Plant), Hillsborough County, Tampa, FL, May 7, 1996

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-06-01

    The decision document (Record of Decision), presents the selected remedial action for the Helena Chemical Company Superfund Site, Tampa, Hillsborough County, Florida. This action addresses soil, sediment, and ground water contamination at the site and calls for the implementation of response measures which will protect human health and the environment. The selected remedy includes biological treatment (i.e., bioremediation) of pesticides and other site related contaminants located in surface soil sand sediments to levels appropriate for future industrial use of the Site. In addition, the selected remedy includes ground water recovery and treatment to remove pesticides and other site related contaminants.

  8. 论《食品安全法》中的惩罚性赔偿 ——以我国惩罚性赔偿的责任性质为视角%On the Punitive Damages in Food Safety Law ——From the Perspective of Liability Nature of the Punitive Damages in China

    Institute of Scientific and Technical Information of China (English)

    陈澜鑫

    2016-01-01

    Punitive damage is a legally enhanced responsibility, and cannot be simply classified as liability for breach of contract or tort liability. Punitive damage specification has its unique core value, and the research should start from the special requirements of punitive damage specification. Punitive damage in Food Safety Law is a kind of risking civil liability, but this does not necessarily mean that it is a kind of administrative civil liability, and we should combine the whole legislative purpose of Food Safety Law with the nature of civil liability, in this way we can maintain the relative balance of the whole civil liability system. Emphasis on private law enforcement functions also should be limited based on the nature of civil liability.%惩罚性赔偿是法定的加重责任,不能单纯地将之归入违约责任或是侵权责任. 惩罚性赔偿规范有其独特的价值核心,对其研究应从特别法中的惩罚性赔偿规范要件出发进行具体分析.《食品安全法》惩罚性赔偿是一种"风险化的民事责任",但这并不代表其是一种"行政化的民事责任",须将《食品安全法》的整体立法目的与民事责任性质相结合才能保持整个民事责任体系的相对均衡. 对于私人法律执行功能的强调同样应基于民事责任性质予以限制.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1994-09-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J.

    1993-12-31

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

  11. Sociocultural definitions of risk

    Energy Technology Data Exchange (ETDEWEB)

    Rayner, S.

    1990-10-01

    Public constituencies frequently are criticized by technical experts as being irrational in response to low-probability risks. This presentation argued that most people are concerned with a variety of risk attributes other than probability and that is rather irrational to exclude these from the definition and analysis of technological risk. Risk communication, which is at the heart of the right-to-know concept, is described as the creation of shared meaning rather than the mere transmission of information. A case study of utilities, public utility commissions, and public interest groups illustrates how the diversity of institutional cultures in modern society leads to problems for the creation of shared meanings in establishing trust, distributing liability, and obtaining consent to risk. This holistic approach to risk analysis is most appropriate under conditions of high uncertainty and/or decision stakes. 1 fig., 5 tabs.

  12. Arsenic species in weathering mine tailings and biogenic solids at the Lava Cap Mine Superfund Site, Nevada City, CA

    Directory of Open Access Journals (Sweden)

    Ashley Roger P

    2011-01-01

    Full Text Available Abstract Background A realistic estimation of the health risk of human exposure to solid-phase arsenic (As derived from historic mining operations is a major challenge to redevelopment of California's famed "Mother Lode" region. Arsenic, a known carcinogen, occurs in multiple solid forms that vary in bioaccessibility. X-ray absorption fine-structure spectroscopy (XAFS was used to identify and quantify the forms of As in mine wastes and biogenic solids at the Lava Cap Mine Superfund (LCMS site, a historic "Mother Lode" gold mine. Principal component analysis (PCA was used to assess variance within water chemistry, solids chemistry, and XAFS spectral datasets. Linear combination, least-squares fits constrained in part by PCA results were then used to quantify arsenic speciation in XAFS spectra of tailings and biogenic solids. Results The highest dissolved arsenic concentrations were found in Lost Lake porewater and in a groundwater-fed pond in the tailings deposition area. Iron, dissolved oxygen, alkalinity, specific conductivity, and As were the major variables in the water chemistry PCA. Arsenic was, on average, 14 times more concentrated in biologically-produced iron (hydroxide than in mine tailings. Phosphorous, manganese, calcium, aluminum, and As were the major variables in the solids chemistry PCA. Linear combination fits to XAFS spectra indicate that arsenopyrite (FeAsS, the dominant form of As in ore material, remains abundant (average: 65% in minimally-weathered ore samples and water-saturated tailings at the bottom of Lost Lake. However, tailings that underwent drying and wetting cycles contain an average of only 30% arsenopyrite. The predominant products of arsenopyrite weathering were identified by XAFS to be As-bearing Fe (hydroxide and arseniosiderite (Ca2Fe(AsO43O3•3H2O. Existence of the former species is not in question, but the presence of the latter species was not confirmed by additional measurements, so its identification is

  13. Evaluation of geophysical logs, phase I, for Crossley Farms Superfund Site, Berks County, Pennsylvania

    Science.gov (United States)

    Conger, Randall W.

    1998-01-01

    Twenty-one wells were drilled at Crossley Farms Superfund Site between December 15, 1987, and May 1, 1988, to define and monitor the horizontal and vertical distribution of ground-water contamination emanating from a suspected contaminant source area (Blackhead Hill). Eight well clusters were drilled on or near the Crossley Site and three well clusters were drilled at locations hydrologically down gradient from the site. Depths of wells range from 21 to 299 feet below land surface. These wells were installed in saprolite in shallow, intermediate, and deep water-producing zones of the fractured bedrock aquifer. Borehole-geophysical and video logging were conducted between April 24, 1997, and May 8, 1997, to determine the water-producing zones, water-receiving zones, zones of vertical flow, borehole depth, and casing integrity in each well. This data and interpretation will be used to determine the location of the well intake for the existing open-hole wells, which will be retrofitted to isolate and monitor water-producing zones and prevent further cross-contamination within each open borehole, and identify wells that may need rehabilitation or replacement. Caliper and video logs were used to locate fractures, inflections on fluid-temperature and fluidresistivity logs indicated possible fluid-bearing fractures, and flowmeter measurements verified these locations. Single-point-resistance and natural-gamma logs provided information on stratigraphy. After interpretation of geophysical logs, video logs, and driller?s notes, all wells will be constructed so that water-level fluctuations can be monitored and discrete water samples collected from shallow, intermediate, and deep water-bearing zones in each well. Geophysical logs were run on seven bedrock and two deep bedrock wells. Gamma logs were run on 10 bedrock wells. Twenty-two wells were inspected visually with the borehole video camera for casing integrity.

  14. Evaluation of Exposure to Radon Levels in Relation to Climatic Conditions at a Superfund Site.

    Science.gov (United States)

    Merrill, Elaine Alice

    1995-11-01

    Workers at a Superfund site have expressed concern that they may be exposed to elevated levels of radon gas, especially when meteorology is suitable. The site, formally a uranium processing site, stores the world's largest quantity of Ra-226 in two concrete silos. A layer of bentonite foam was placed over the contents of the silos in 1991 as a means to reduce the amount of radon emissions. Hourly real-time outdoor and indoor site radon data covering an entire year was statistically evaluated in relation to meteorological data covering the same time period. The hourly data was found to be lognormally distributed. Radon levels were highest during the early morning hours and during the summer months. Both outdoor and indoor concentrations were found to significantly vary with temporal and climatic factors, namely wind direction and relative humidity. Radon levels in the work areas were not found to be statistically different from off-site levels. Only radon levels in the vicinity of the storage silos, which is an exclusion zone, were significantly higher than levels off-site. Hence, the protective bentonite covering seems to be effective in reducing radon emissions. Two methods were used to calculate a hypothetical dose, based upon the annual average concentrations of radon in the work areas onsite, the BEIR IV method and the NCRP method, respectively. The BEIR IV method, which accounts for the activity ratio of radon and its daughter products, resulted in a slightly higher dose than the NCRP method. As expected, based on the mean concentrations, the hypothetical annual exposures from radon in the work areas of the site were below recommended exposure limits.

  15. Detection of environmentally persistent free radicals at a superfund wood treating site.

    Science.gov (United States)

    dela Cruz, Albert Leo N; Gehling, William; Lomnicki, Slawomir; Cook, Robert; Dellinger, Barry

    2011-08-01

    Environmentally persistent free radicals (EPFRs) have previously been observed in association with combustion-generated particles and airborne PM(2.5) (particulate matter, d 2.5um). The purpose of this study was to determine if similar radicals were present in soils and sediments at Superfund sites. The site was a former wood treating facility containing pentachlorophenol (PCP) as a major contaminant. Both contaminated and noncontaminated (just outside the contaminated area) soil samples were collected. The samples were subjected to the conventional humic substances (HS) extraction procedure. Electron paramagnetic resonance (EPR) spectroscopy was used to measure the EPFR concentrations and determine their structure for each sample fraction. Analyses revealed a ∼30× higher EPFR concentration in the PCP contaminated soils (20.2 × 10(17) spins/g) than in the noncontaminated soil (0.7 × 10(17) spins/g). Almost 90% of the EPFR signal originated from the minerals/clays/humins fraction. GC-MS analyses revealed ∼6500 ppm of PCP in the contaminated soil samples and none detected in the background samples. Inductively coupled plasma-atomic emission spectrophotometry (ICP-AES) analyses revealed ∼7× higher concentrations of redox-active transition metals, in the contaminated soils than the noncontaminated soil. Vapor phase and liquid phase dosing of the clays/minerals/humins fraction of the soil with PCP resulted in an EPR signal identical to that observed in the contaminated soil, strongly suggesting the observed EPFR is pentachlorophenoxyl radical. Chemisorption and electron transfer from PCP to transition metals and other electron sinks in the soil are proposed to be responsible for EPFR formation.

  16. Interest Rate Risk Management using Duration Gap Methodology

    Directory of Open Access Journals (Sweden)

    Dan Armeanu

    2008-01-01

    should be measured and managed within an asset-liability management. Then the articles takes a short look at methods for measuring interest rate risk and after that explains and demonstrates how can be used Duration Gap Model for managing interest rate risk in banks.

  17. 76 FR 72405 - San Fernando Valley Area 2 Superfund Site; Notice of Proposed Prospective Purchaser Agreement Re...

    Science.gov (United States)

    2011-11-23

    ... Site; Notice of Proposed Prospective Purchaser Agreement Re: 4057 and 4059 Goodwin Avenue, Los Angeles...) concerning 4057 and 4059 Goodwin Avenue, Los Angeles, California (Property). The Agreement is entered into..., Glendale/Goodwin Realty I, LLC, an Ohio limited liability company, The Kroger Co., an Ohio corporation,...

  18. 24 CFR 266.25 - Limitation on HUD insurance liability.

    Science.gov (United States)

    2010-04-01

    ... party to a risk-sharing agreement with HUD with respect to the rights, benefits, and obligations of the... AUTHORITIES HOUSING FINANCE AGENCY RISK-SHARING PROGRAM FOR INSURED AFFORDABLE MULTIFAMILY PROJECT LOANS...

  19. 连带责任浅议%On the Joint Liability

    Institute of Scientific and Technical Information of China (English)

    代美华

    2001-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    侯贵嵋

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Susi Sarumpaet

    2016-11-01

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

  2. Managing Liquidity Risk in a Changing Debt Environment: The Issuer's Perspective

    OpenAIRE

    Gabilondo, José

    2007-01-01

    Some trends in global funding markets are leading to a new paradigm about liquidity risk in issuers: increased cross-border debt and equity flows; the growth of equity intermediaries like private funds, sovereign wealth funds, and “club” consortia; and the use of financial products which embed contingent liabilities in firms, liabilities which “spring” into maturity in market downturns. Working together, national regulators are moving towards an enterprise – rather than entity – view of liqu...

  3. Calculating the Diffusive Flux of Persistent Organic Pollutants between Sediments and the Water Column on the Palos Verdes Shelf Superfund Site using Polymeric Passive Samplers

    Science.gov (United States)

    Passive samplers were used to determine water concentrations of persistent organic pollutants (POPs) in the surface sediments and near-bottom water of a marine Superfund site on the Palos Verdes Shelf, California, USA. Measured concentrations in the porewater and water column at...

  4. Passive Sampling to Measure Baseline Dissolved Persistent Organic Pollutant Concentrations in the Water Column of the Palos Verdes Shelf Superfund Site

    Science.gov (United States)

    Passive sampling was used to deduce water concentrations of persistent organic pollutants (POPs) in the vicinity of a marine Superfund site on the Palos Verdes Shelf, California, USA. Pre-calibrated solid phase microextraction (SPME) fibers and polyethylene (PE) strips that were...

  5. DOJ News Release: New York Man Ordered to Pay Over $400,000 in Restitution and Fines for Role in Kickback Scheme at New Jersey Superfund Sites

    Science.gov (United States)

    WASHINGTON, D.C. – An Amherst, New York, man was ordered to pay over $400,000 in restitution and fines and placed on five years’ probation for his role in a kickback scheme at the Federal Creosote and Diamond Alkali Superfund sites in New Jersey.

  6. Occurences and Fate of DDT Principal Isomers/Metabolites, DDA, and o,p'-DDD Enantiomers in Fish, Sediment and Water at a DDT-Impacted Superfund Site

    Science.gov (United States)

    In the 1950s and 60s, discharges from a DDT manufacturing plant contaminated a tributary system of the Tennessee River near Huntsville, Alabama, USA. Regulatory action resulted in declaring the area a Superfund site which required remediation and extensive monitoring. Monitoring ...

  7. Ethanol-Fed Or Solid-Phase Organic Sulfate Reducing Bioreactors For The National Tunnel Drainage, Clear Creek/Central City Superfund Site (Presentation)

    Science.gov (United States)

    The U.S. Environmental Protection Agency (EPA) is planning to treat mining influenced water (MIW) from the National Tunnel Adit that discharges to North Clear Creek near the City of Blackhawk, Colorado. North Clear Creek is part of the Clear Creek/Central City Superfund Site, an...

  8. Ethanol-Fed Or Solid-Phase Organic Sulfate Reducing Bioreactors For The National Tunnel Drainage, Clear Creek/Central City Superfund Site

    Science.gov (United States)

    The U.S. Environmental Protection Agency (EPA) is planning to treat mining influenced water (MIW) from the National Tunnel Adit that discharges to North Clear Creek near the City of Blackhawk, Colorado. North Clear Creek is part of the Clear Creek/Central City Superfund Site, an...

  9. COMPARISON OF GEOPROBE PRT AND AMS GVP SOIL-GAS SAMPLING SYSTEMS WITH DEDICATED VAPOR PROBES IN SANDY SOILS AT THE RAYMARK SUPERFUND SITE

    Science.gov (United States)

    A study was conducted near the Raymark Superfund Site in Stratford, Connecticut to compare results of soil-gas sampling using dedicated vapor probes, a truck-mounted direct-push technique - the Geoprobe Post-Run-Tubing (PRT) system, and a hand-held rotary hammer technique - the A...

  10. EPA Proposes to Add Dutchess County Creek, N.Y. to the Federal Superfund List, Sediment Contaminated with Mercury, Polycyclic Aromatic Hydrocarbons

    Science.gov (United States)

    (New York, N.Y.) The U.S. Environmental Protection Agency today proposed adding the Wappinger Creek in Dutchess County, N.Y. to its Superfund National Priorities List of the country's most hazardous waste sites. Sediment within the two mile long tidal port

  11. EPA Finalizes Plan to Address Contaminated Groundwater at Curtis Specialty Papers Superfund Site in Milford Borough and Alexandria Township, N.J.

    Science.gov (United States)

    (New York, N.Y.) The U.S. Environmental Protection Agency has finalized a plan to clean up contaminated groundwater at the Curtis Specialty Papers Superfund site in Milford Borough and Alexandria Township, New Jersey. The site includes the former Milford P

  12. Post-remediation biomonitoring of pesticides and other contaminants in marine waters and sediment near the United Heckathorn Superfund Site, Richmond, California

    Energy Technology Data Exchange (ETDEWEB)

    LD Antrim; NP Kohn

    2000-05-26

    Marine sediment remediation at the United Heckathorn Superfund Site was completed in April 1997. Water and mussel tissues were sampled in February 1999 from four stations near Lauritzen Canal in Richmond, California, for Year 2 of post-remediation monitoring of marine areas near the United Heckathorn Site. Dieldrin and dichlorodiphenyl trichloroethane (DDT) were analyzed in water samples, tissue samples from resident mussels, and tissue samples from transplanted mussels deployed for 4 months. Concentrations of dieldrin and total DDT in water and total DDT in tissue were compared with Year 1 of post-remediation monitoring, and with preremediation data from the California State Mussel Watch program (tissues) and the Ecological Risk Assessment for the United Heckathorn Superfund Site (tissues and water). Mussel tissues were also analyzed for polychlorinated biphenyls (PCB), which were detected in sediment samples. Chlorinated pesticide concentrations in water samples were similar to preremediation levels and did not meet remediation goals. Mean dieidrin concentrations in water ranged from 0.62 rig/L to 12.5 ng/L and were higher than the remediation goal (0.14 ng/L) at all stations. Mean total DDT concentrations in water ranged from 14.4 ng/L to 62.3 ng/L and exceeded the remediation goal (0.59 ng/L) at all stations. The highest concentrations of both pesticides were found at the Lauritzen Canal/End station. Despite exceedence of the remediation goals, chlorinated pesticide concentrations in Lauritzen Canal water samples were notably lower in 1999 than in 1998. Tissue samples from biomonitoring organisms (mussels) provide an indication of the longer-term integrated exposure to contaminants in the water column, which overcomes the limitations of grab samples of water. Biomonitoring results indicated that the bioavailability of chlorinated pesticides has been reduced from preremediation levels both in the dredged area and throughout Richmond Harbor. Total DDT and

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

    Directory of Open Access Journals (Sweden)

    Hui-qiang Ma

    2015-01-01

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

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

    Science.gov (United States)

    Freckelton, Ian

    2003-11-01

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

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

    Institute of Scientific and Technical Information of China (English)

    李果; 黄焜; 姚琦; 马士华

    2013-01-01

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

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

    Science.gov (United States)

    Terranova, Claudio; Rocca, Gabriele

    2016-01-01

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

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

    Science.gov (United States)

    Kumashiro, Madoka; Sedikides, Constantine

    2005-09-01

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

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

    Science.gov (United States)

    Dills, Angela K

    2010-03-01

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

  19. Product Liability Comparative Remarks from a European Perspective%产品责任:欧洲视角的比较法评论

    Institute of Scientific and Technical Information of China (English)

    肯·奥立芬特[英](著); 王竹(译); 王毅纯(译)

    2014-01-01

    “世界侵权法学会”设计的“刹车片故障案”、“被感染的血液案”和“桥梁垮塌案”三个虚构案例是为了从不同角度检验各个法域缺陷产品责任的适用范围和严格性。“合法期待”测试与“消费者期待”测试存在两方面的区别。适用于缺陷问题的“风险-效用”测试与适用于生产者过错问题的“风险-效用”测试之间存在重要区别。单一的理论不能对严格责任在现有产品责任法适用范围内提供正当性依据。产品责任是包含消费者法引以为据的典型正当性事由的自成一格的责任。对更广泛范围的人提供保护,可以基于普通人对市场销售或投入流通的产品不存在安全性方面的缺陷具有合理期待而正当化。%The World Tort Law Society designs three Hypothetical Cases , namely the Brake Pad Failure Case , the Infected Blood Case and the Bridge Collapse Case , to test the application extension and strictness of liability for defect products of different jurisdictions from several perspectives .The Legitimate Expectation Test and Consumer Expectations Test are different in two aspects .There is a significant difference in the Risk -U-tility Test as applied to the question of defect and the Risk -Utility Test applied to the question of producer fault.There is no single , coherent theory that underpins strict product liability as it is today to be found around the globe.Product liability is a sui generis liability that embodies the reliance -based justifications that are typical of consumer law .The protection of broader class of persons can be justified by the idea that ordinary people have a reasonable expectation that goods sold on the market or otherwise put into circulation are free from safety defects .

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

    NARCIS (Netherlands)

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

    2013-01-01

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