The impact of court errors on liability sharing and safety regulation for environmental/industrial accidents

We focus in this paper on the effects of court errors on the optimal sharing of liability between firms and financiers, as an environmental policy instrument. Using a structural model of the interactions between firms, financial institutions, governments and courts we show, through numerical simulations, the distortions in liability sharing between firms and financiers that the imperfect implementation of government policies implies. We consider in particular the role played by the efficiency of the courts in jointly avoiding Type I (finding an innocent firm guilty of inappropriate care) and Type II (finding a guilty firm not guilty of inappropriate care) errors. This role is considered in a context where liability sharing is already distorted (when compared with first best values) due not only to the courts’ own imperfect assessment of safety care levels exerted by firms but also to the presence of moral hazard and adverse selection in financial contracting. There is also not congruence of objectives between firms and financiers on the one hand and social welfare maximization on the other. Our results indicate that an increase in the efficiency of court system in avoiding errors raises safety care level, thereby reducing the probability of accident, and allowing the social welfare maximizing government to impose a lower liability [higher] share for firms [financiers] as well as a lower standard level of care.     

Screening markets for cartel detection: collusive markers in the CFD cartel-audit

Coordination Failure Diagnostics (CFD) is a model that analyses real market processes with the help of time pattern analysis and investigates whether they operate efficiently. For competition authorities CFD can be employed to detect illegal covert cartels. The CFD cartel-audit should enable the detection of cartels via characteristic market process patterns. This is based on the assumption that existing cartels cause failures in the observed process patterns. The CFD cartel-audit attempts to draw conclusions from these process patterns in order to find hidden cartels and to engage antitrust agencies into additional more detailed audits.

Impact of liability rules on modes of coordination for food safety in supply chains

This article analyzes how the allocation of liability for safety defects could influence coordination in the food supply chain. To do so, we analyzed the strategic reaction of importers and supermarkets who import Spanish fresh produce into France. We considered the implementation and enforcement of the European General Food Law as an exogenous shock for French food operators. In France, depending on the situation, food operators can transfer their liability to someone else in the food supply and imports decisions are crucial indicators. After 2005, supermarkets transferred the liability risk linked to importing sensitive products to importers. We argue that this regulatory change also prompted French importers of fresh produce to develop a horizontal, collective governance structure to monitor the safety of imported produce.     

Merger simulations with observed diversion ratios

One approach to merger simulations used in antitrust cases is to calibrate demand from market shares and a few additional parameters. When the products involved in the merger case are differentiated along several dimensions, actual diversion ratios may be very different from those calculated from market shares. This again may affect the predicted post-merger price effects. This article shows how merger simulation can be performed using observed diversion ratios. To illustrate the potential effects of this approach we use diversion ratios from a local grocery market in Norway. In this case diversions from the acquired to the acquiring stores were considerably smaller than suggested by market shares, and the predicted average price increase from the acquisition was 40% lower using this model rather than a model based upon market shares. This analysis also suggests that even a subset of observed diversion ratios may significantly change the prediction from a merger simulation based upon market shares.     

Industrialists hand in hand with environmentalists: how eco-labeling schemes can help firms to raise rivals’ costs

Industrialists may promote eco-labeling schemes in order to gain the support of environmentalists and ultimately gain market protection. Beyond the environmental effects of such coalitions, these schemes can provide industrialists a legitimate way to disadvantage rivals, frequently foreign rivals, by raising their costs. We consider a Stackelberg model that determines the conditions under which a domestic firm has incentive to impose an eco-label in order to raise the costs of its foreign rivals. The effects of eco-labeling on domestic social welfare are ambiguous. Policy recommendations are drawn. Notably, factors that may help policy makers to identify situations more vulnerable to undesirable outcomes from a welfare viewpoint are developed.      

Interim final rules for nondiscrimination in health coverage in the group market. Internal Revenue Service, Department of the Treasury; Pension and Welfare Benefits Administration, Department of Labor; Health Care Financing Administration, Department of Health and Human Services. Interim final rules with request for comments

This document contains interim final rules governing the provisions prohibiting discrimination based on a health factor for group health plans and issuers of health insurance coverage offered in connection with a group health plan. The rules contained in this document implement changes made to the Internal Revenue Code of 1986 (Code), the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHS Act) enacted as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).     

Squalene in hair--a natural reference substance for the improved interpretation of fatty acid ethyl ester concentrations with respect to alcohol misuse

Fatty acid ethyl esters (FAEE) are incorporated into hair mainly from sebum. For this reason, the use of their concentration CFAEE as marker of excessive alcohol consumption is complicated by interindividual differences of the activity of the sebum glands and of elimination by hair care and hair cosmetics. Furthermore, an influence of the investigated hair length due to increasing accumulation from proximal to distal was found. Therefore, it was examined whether these sources of error can be avoided if in addition to CFAEE the relative FAEE concentrations CFAEE/CSQ related to squalene SQ as a natural reference compound were used for interpretation. Sebum contains about 10-20% SQ. A sensitive and reliable method for the determination of SQ in addition to FAEE from the same hair extracts by high performance liquid chromatography with photo diode array detector (HPLC-DAD) was developed. The concentrations of ethyl myristate, ethyl palmitate, ethyl oleate, ethyl stearate and squalene were determined and CFAEE/CSQ was calculated for 13 teetotallers, 16 social drinkers, 12 fatalities with excessive alcohol abuse at life time and 9 cases with unclear alcohol anamnesis. CSQ ranged from 0.02 to 1.97 microg/mg (mean 0.67 microg/mg). From the results follows that squalene enables a control of the lipid content of hair and a correction of CFAEE in cases with deviations from the usual lipid content in a similar way as creatinine in urine. Preliminary values of CFAEE/CSQ were suggested for the upper limit for teetotallers (< 0.6 ng/microg) and the lower limit for excessive alcohol abuse (> 1.5 ng/microg). However, the relative concentration CFAEE/CSQ cannot completely replace the absolute concentration CFAEE, and both should regularly be used for an improved interpretation with respect to alcohol abuse.     

Substantive rules of argumentation for value judgment in civil law: In the context of academic practice of civil law in China

Value judgment is at the core of civil law. This paper explores how scholars of civil law reach mutual understanding and consensus on specific value judgment by rational discussion in the context of multiple value orientation. Based on a brief evaluation of the theory of legal argument and with the basic value consensus of Chinese civil law scholars as the premise, this paper proposes two substantive rules of argumentation for scholars of civil law to discuss value judgment: First, a strong of equal treatment should be carried out in the absence of sufficient and justified reasons or otherwise; Second, the freedom of civil subject should not be restrained in the absence of sufficient and justified reasons or otherwise. To reach mutual understanding, and on the basis of that to reach new consensus on specific value judgment further, scholars of civil law should base their discussions on substantive rules of argumentation for value judgment, follow rules and forms of argumentation as procedural techniques, and apply proper methods of argumentation. This paper also explores the application of substantive rules of argumentation on two specific value judgment issues of civil law scholars.     

《鹿特丹规则》对承运人“凭单放货”义务重大变革之反思——交易便利与交易安全的对弈

出于交易便利的考虑,实践中无单放货问题日渐凸显,危及了交易安全。为了解决此难题,《鹿特丹规则》对承运人凭单放货义务进行了重大变革。但相关制度设计并未实现便利交易的目标,同时削弱了交易的安全性。中国应在兼顾交易便利与安全的基础上对可转让提单坚持凭单放货,同时允许承运人在记名提单下有条件地无单放货,把大力发展电子单证作为解决无单放货难题的出路。中国对加入公约应持审慎态度。     

Exploiting expressed sequence tag databases for the development and characterization of gene-derived simple sequence repeat markers in the opium poppy (Papaver somniferum L.) for forensic applications

Simple sequence repeat (SSR) markers in the opium poppy (Papaver somniferum L.) were identified from an expressed sequence tag (EST) database comprised of 20,340 sequences. In total, 2780 SSR-containing sequences were identified. The most frequent microsatellite had an AT/TA motif (37%). Twenty-two opium poppy EST-SSR markers were presently developed and polymorphisms of six markers (psom 2, 4, 12, 13, 17, and 22) were utilized in 135 individuals under narcotic control investigation. An average of three alleles per locus (range: 2-5 alleles) with a mean heterozygosity of 0.167 was detected. Six loci identified 29 unique profiles in 135 individuals. The EST-SSR markers exhibited small degrees of genetic differentiation (fixation index = 0.727, p < 0.001). Other variable markers will be needed to facilitate the forensic identification of the opium poppy for future cases. To determine the potential for cross-species amplification, six markers were tested in five Papaver genera species and two Eschscholzia genera. The psom 4 and psom 17 primer pair was transferable. This is the first study to report SSR markers of the opium poppy.     

GC/MS法快速分析鱼塘水中的硫丹

目的建立一种快速、高效、便捷、绿色的分析方法来分析鱼塘水中的硫丹。方法在该实验中采用分散液液微萃取的方法来提取鱼塘水中的硫丹,该方法是一个新型的预处理方法,首先将最合适的分散剂和萃取剂快速的注射到样品溶液中,随即形成了悬浊液。由于在悬浊液中萃取剂能迅速的分散到样品溶液中并与被分析物充分接触,被分析物能很快的从样品溶液中转移到萃取剂中完成萃取过程,经过离心后,沉积物直接用GC-MS进行分析。同时还对本方法中分散剂和萃取剂种类、用量以及萃取时间等重要的实验参数进行考察优化。结果在优化的实验条件下,鱼塘水中硫丹的回收率基本能达到90%以上,检出限为0.005μg/m L,定量限为0.017μg/m L,在0.02~0.20μg/m L的z范围内线性关系良好。结论该方法的准确度和精密度较好,操作简便、快捷、绿色环保,能够基本适合鱼塘投毒案件中硫丹的分析检测。     

Genetic analysis for Y chromosome short tandem repeat haplotypes of Chinese Han population residing in the Ningxia province of China

POPULATION: One hundred and one unrelated, autochthonous healthy males of the Chinese Han population living in Yongning county of the Ningxia Hui Autonomous Region of China.     

The blurred vision of Lady Justice for minors with mental disorders: Records of the juvenile court in Belgium

Purpose

This study examined (1) the information present in juvenile court records in Belgium (Flanders) and (2) whether there are differences in information between records that mention a mental disorder and those that do not.

Method

The file study sample included 107 court records, and we used a Pearson's chi-square test and a t-test to analyze the information within those records.

Results

Information in juvenile court records varied considerably. This variability was evident when we compared juvenile court records with and without mention of a mental disorder. Significantly more information about school-related problems, the functioning of the minor, and the occurrence of domestic violence was included in records that mentioned a mental disorder compared with records that did not.

Conclusion

The content of the juvenile court records varied, particularly with regard to the mental health status of the minor in question. We suggest guidelines to standardize the information contained in juvenile court records.     

Konkurs- und Gläubigeranfechtung bei europäischen Auslandsgesellschaften in Österreich

Aufgrund der EuGH-Rsp ist es m?glich geworden, eine Kapitalgesellschaft in einem anderen EU- oder EWR-Mitgliedstaat zu gründen, um den Sitz der Hauptverwaltung in ?sterreich zu nehmen und prim?r hier t?tig zu werden. Es stellt sich daher vermehrt die Frage, unter welchen Umst?nden insolvenzrechtliche Gl?ubigerschutzmechanismen wie die Konkursanfechtung oder die Gl?ubigeranfechtung nach der AnfO auf solche Gesellschaften zur Anwendung kommen. Der Beitrag untersucht die einschl?gigen kollisionsrechtlichen Grundlagen, insb die Auswirkungen einer Rechtswahl im Rahmen eines Vertrages mit einer solchen Gesellschaft, und geht überblicksweise auch auf Fragen der internationalen Zust?ndigkeit ein.     

Validated method for the simultaneous determination of Δ-THC and Δ-THC-COOH in oral fluid, urine and whole blood using solid-phase extraction and liquid chromatography–mass spectrometry with electrospray ionization

A fully validated, sensitive and specific method for the extraction and quantification of Δ⁹-tetrahydrocannabinol (THC) and 11-nor-9-carboxy-Δ⁹-THC (THC-COOH) and for the detection of 11-hydroxy-Δ⁹-THC (11-OH THC) in oral fluid, urine and whole blood is presented. Solid-phase extraction and liquid chromatography–mass spectrometry (LC–MS) technique were used, with electrospray ionization. Three ions were monitored for THC and THC-COOH and two for 11-OH THC. The compounds were quantified by selected ion recording of m/z 315.31, 329.18 and 343.16 for THC, 11-OH THC and THC-COOH, respectively, and m/z 318.27 and 346.26 for the deuterated internal standards, THC-d₃ and THC-COOH-d₃, respectively. The method proved to be precise for THC and THC-COOH both in terms of intra-day and inter-day analysis, with intra-day coefficients of variation (CV) less than 6.3, 6.6 and 6.5% for THC in saliva, urine and blood, respectively, and 6.8 and 7.7% for THC-COOH in urine and blood, respectively. Day-to-day CVs were less than 3.5, 4.9 and 11.3% for THC in saliva, urine and blood, respectively, and 6.2 and 6.4% for THC-COOH in urine and blood, respectively. Limits of detection (LOD) were 2 ng/mL for THC in oral fluid and 0.5 ng/mL for THC and THC-COOH and 20 ng/mL for 11-OH THC, in urine and blood. Calibration curves showed a linear relationship for THC and THC-COOH in all samples (r² > 0.999) within the range investigated.The procedure presented here has high specificity, selectivity and sensitivity. It can be regarded as an alternative method to GC–MS for the confirmation of positive immunoassay test results, and can be used as a suitable analytical tool for the quantification of THC and THC-COOH in oral fluid, urine and/or blood samples.