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European Justice Court in Kobler and Traghetti decision defined principles of EU Member State compensatory liability in relation to civil law subjects due to damages caused by judicial authorities' acts breaching EU regulations. Due to lack of proper EU procedural norms, claims against such acts, which in fact are serious errors of Member State's judicial authorities, follow on the base of Member State's rules,  相似文献   

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This paper considers the empirical evidence used by the Departmentof Justice in the U.S. v. Microsoft antitrust case to provethat Microsoft engaged in exclusionary (and anticompetitive)actions in the browser market as part of its efforts to maintainits dominance of the personal computer operating system market.This evidence deserves special consideration because the DistrictCourt made the unusual decision to rely on the empirical evidencepresented by the Department of Justice rather than the empiricalevidence presented by Microsoft. This decision was unusual becauseMicrosoft's evidence had a strong presumption of validity asit was based on data that Microsoft collected and used in theordinary course of its business. Furthermore, no market participantsused the Department of Justice-sponsored data in any meaningfulway. Although it is impossible to determine with any certaintywhy the District Court ruled the way it did, I conclude thatthere were two driving forces in the court's decision. The Departmentof Justice identified serious flaws in Microsoft's data, makingit unreliable for the purposes for which Microsoft was usingit in the trial. The Department of Justice was also able toshow that no such flaws affected the data it sponsored and indeed,on many points, that data was more consistent with the testimonyof Microsoft executives than the data sponsored by Microsoft.  相似文献   

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Research Summary: This study examines self-reports from two samples to assess the timing of delinquency. Results imply that the after-school hours are a time of elevated delinquency, but that the peak is modest compared with that observed in official records. Additionally, children who are unsupervised during the after-school hours - the primary target population for after-school programs - are found to be more delinquent at all times, not only after-school. Policy Implications: This finding suggests that factors (including social competencies and social bonding) in addition to inadequate supervision produce delinquency during the after-school hours and that the effectiveness of after-school programs for reducing delinquency will depend upon their ability to address these other factors through appropriate and high quality services.  相似文献   

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Research Summary: This research shows that non-Latino black, non-Latino white, and Latino males and females in the U.S. experience significantly different levels of stranger and non-stranger violence, and that these forms of non-lethal violence are especially pronounced in areas with high levels of socioeconomic disadvantage. Many of the differences between these groups are eliminated once community and other individual characteristics are taken into account. Policy Implications: The results suggest that victimization resources should be geographically targeted at places with high levels of poverty and single-parent families, and that the most stable institutions within these communities be drawn upon to deliver information about victimization prevention and services.  相似文献   

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