Servicemembers' Group Life Insurance Traumatic Injury Protection Program--genitourinary losses. Final rule

The Department of Veterans Affairs (VA) is issuing this final rule that amends the regulations governing the Servicemembers' Group Life Insurance Traumatic Injury Protection (TSGLI) program by adding certain genitourinary (GU) system losses to the TSGLI Schedule of Losses and defining terms relevant to these new losses. This amendment is necessary to make qualifying GU losses a basis for paying TSGLI benefits to servicemembers with severe GU injuries. The intended effect is to expand the list of losses for which TSGLI payments can be made. This document adopts as a final rule, without change, the interim final rule published in the Federal Register on December 2, 2011.     

Traumatic injury protection rider to Servicemembers' Group Life Insurance. Final rule

This document adopts with changes a Department of Veterans Affairs (VA) interim final rule that implemented section 1032 of Public Law 109-13, the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005." Section 1032 of Public Law 109-13 established an automatic traumatic injury protection rider to Servicemembers' Group Life Insurance (SGLI) for any SGLI insured who sustains a serious traumatic injury that results in certain losses as prescribed by the Secretary of Veterans Affairs in collaboration with the Secretary of Defense. Section 1032(a) is codified at 38 U.S.C. 1980A. Section 1032(c)(1) of Public Law 109-13 also authorized the payment of this traumatic injury benefit (TSGLI) to members of the uniformed services who incurred a qualifying loss between October 7, 2001, and the effective date of section 1032 of Public Law 109-13, i.e., December 1, 2005, provided the loss was a direct result of injuries incurred in Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). This document modifies Sec. 9.20 of the interim rule to provide that a service member must suffer a scheduled loss within 2 years after a traumatic injury, rather than one year as provided in current Sec. 9.20(d)(4). This document also amends Sec. 9.20(d)(1) to clarify that a service member does not have to be insured under SGLI in order to be eligible for TSGLI based upon incurrence of a traumatic injury between October 7, 2001, and December 1, 2005, if the member's loss was a direct result of injuries incurred in OEF or OIF.     

论国际海上货运纠纷中经济损失的可赔性

海上货物运输纠纷中的损害事实指货方由于承运人的违约行为而遭到的损失 ,从实际发生的角度来看 ,损失包括货物物质上的损失以及经济损失。所以明确经济损失的可赔偿性以便以统一的尺度确定承运人的赔偿责任已成为当务之急。     

Mutation in Y STRs: Repeat motif gains vs. losses

Y chromosome specific short tandem repeats (Y-STRs) are widely used in population genetics and forensics. Since these markers do not recombine, mutation is the only source of diversity. The primary mutational mechanism leading to length changes in STRs is thought to be polymerase template slippage, and the most common change is the gain or the loss of one repeat motif. In this work, we aim to study 19 Y-STR alleles’ contraction and expansion. Alleles were grouped into tertiles: short (1^st tertile), intermediate (2^nd tertile) and long alleles (3^rd tertile). Significant differences between repeat gains and losses were found at four markers - DYS19, DYS439 for intermediate alleles, and DYS570 and DYS626 for long alleles. When the average number is computed for the pooled loci, for short alleles, the number of repeat motif gains is higher than of repeat losses, and the opposite happens for long alleles. For intermediate alleles, the proportion between the number of repeat gains and losses is close to one. Generally, the rate of expansion decreases from the first tertile to the third, and conversely, the rate of contraction increases from the first tertile to the third. The pooled loci tertiles’ mutation rate increases from short to long alleles. Our results demonstrate that the mutation direction and rate depend on alleles’ length. The longer the allele the greater the mutation and contraction rates.     

The Standardisation of Tort Damages

This article explores the nature, scope, rationale and merits of the standardisation of compensatory damages in tort law, ie the fact of giving the claimant not the value (subject to ordinary limiting principles) of his own loss, but that of the loss which an ordinary claimant placed in the same circumstances would have suffered. Standardisation happens in respect of pecuniary and non‐pecuniary losses, direct and consequential losses, and also normative losses. Its two main spurs are either that the orthodox award would not give the desired result—typically ‘too little’ damages—or that it runs into evidentiary difficulties, which the award of a typical sum overrides. While epistemic standardisation (which is not strictly standardisation) might be acceptable, the avowed granting of compensatory damages which do not aim to correspond to the claimant's own loss should be resisted, and is in any event impossible because consequential losses can never be meaningfully standardised.     

突发事件的损失救助、补偿和赔偿研究

对突发事件造成的损失,除因侵权行为引起须由加害人予以赔偿的外,必要时应辅以社会救助;非因侵权行为引起的,以实施社会救助为主。救助在性质上属于社会保障,应以维持被救助者的最低生活为标准;补偿则是国家调控经济的手段,或民事征收征用的对价,或其他合法行政行为所致损失的对价。应进一步发挥保险机制的作用,分别制定贫困救助法和犯罪被害人救助法,建立损害赔偿基金制,对突发事件损失补偿和赔偿的特殊性作出规定。     

The decision theory of paternity disputes: optimization considerations applied to multilocus DNA fingerprinting.

The solution of paternity disputes using results from scientific analyses is studied from a decision-theoretical viewpoint. Two alternative approaches to decision making, the so-called 'Bayes' and 'Minimax' strategies, are described and discussed. If prior probabilities of paternity are exactly known, then Bayes decisions are (a) independent of the source of evidence and (b) optimal with respect to average losses caused by wrong decisions. However, it is concluded that Minimax decisions, which depend upon the employed test system but not upon prior probabilities, are more appropriate in paternity cases if equal prior good will towards disclaimed children and alleged fathers is demanded. It is further demonstrated that, when major evidence about paternity comes from multilocus DNA fingerprinting, prior probabilities must be known quite accurately for Bayes decisions to be superior with respect to average losses. Finally, we are able to show that 'quasi' Bayes decision making, that is, adopting a neutral prior probability of 0.5 but leaving thresholds for decision making unchanged, coincides with Minimax decision making if multilocus DNA fingerprinting is employed.     

Stability of Delta(9)-tetrahydrocannabinol (THC) in oral fluid using the Quantisal collection device

This article details the stability of Delta(9)-tetrahydrocannabinol (THC) in oral fluid during collection, extraction and storage. Oral fluid is being increasingly used as the specimen of choice for the detection of drug use in various applications. Studies to determine the extraction efficiency of THC from the collection buffer and stability under various laboratory storage conditions were carried out. THC was extracted from the collection pad and buffer with an average efficiency over 80% and was stable in Quantisal oral fluid extraction buffer when stored at refrigerated temperatures. Fluorescent lighting caused THC losses of over 50%, however the presence of the pad reduced the loss. In the dark, the loss of THC at room temperature was approximately 20% over 14 days. When stored with the serum separators in place, THC losses were significant. After 3 days, THC concentration was reduced by almost 30%, and after 14 days, 60% of the drug was lost and the losses were not concentration dependent.     

论诈骗罪中的财产损失

诈骗罪是财产犯罪,倘若欺骗行为不能造成他人财产损失,便不成立诈骗罪;如若欺骗行为具有造成财产损失的危险性,但没有造成现实的财产损失,则成立诈骗未遂(中止)。对于“财产”损失的认定,宜采取以经济的财产说为基础的折中说;受骗者(被害人)基于不法原因给付财物的,存在财产损失;欺骗他人使之免除非法债务的,以及使用欺骗方法取得对方不法占有的自己所有的财产或者实现合法债权的,不存在财产损失。对于财产“损失”的认定,应采取实质的个别财产说;行为人在骗取财产的同时提供相当对价的,应认定为造成了财产损失;行为人就交付财产的用途、财产的接受者进行欺骗因而取得财产的,视受骗者是否存在法益关系的错误认定判断是否存在财产损失。     

European Labour Law and Severance Pay Determination in Collective Redundancies

In this article, we analyse the effects of institutional procedures for redundancies on the earning losses of redundant workers in Europe. Our approach consists of modelling an ideal case embedding the main characteristics of European Labour Law, in particular, the bargaining between firms and workers on the severance pay after a negative shock. The most striking result is that an exact compensation of the earning losses is only obtained by chance. In particular, we show (including a numerical example) that overcompensation of dismissed workers is a real possibility. On the contrary, the ex-ante bargaining models of severance pay predict a full-insurance result. Therefore, we propose a policy recommendation which consists of changing the ex-post bargaining of severance pay in collective dismissals for an ex-ante bargaining.     

The impact of cuts in legal aid funding of private family law cases

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) made deep cuts to legal aid in the UK from April 2013, withdrawing state aid from almost all private family law cases. The paper is based on the findings of a micro-study of solicitors and Citizens Advice Bureaux (CABx) in Kent and London to investigate the impact of LASPO cuts on their work. The findings suggest that: legal aid firms have closed or merged; legal aid work is often partially carried out in solicitors’ own time; ‘unbundled’ services for litigants in person (LIPs) are increasingly common; and family cases are being complicated and extended by the new ubiquity of the LIP. Respondents suggest that litigants may increasingly be ‘giving up’ on pursuing their cases, with clear implications for financial justice and contact with children. Further research is needed into the financial and affective impact of the cuts and the distribution of losses and difficulties between genders. The study, however, suggests the likelihood of post-separation poverty, debt and capital losses increasing in the post-LASPO environment, and that firms and CABx are having to find various methods of dealing with clients abandoned by the state.     

国际货物销售风险转移问题探讨

国际货物销售法中的“风险”是指由于自然灾害、意外事故或销售合同当事人以外的原因造成的卖方交付的货物遭受损坏、灭失的风险。关于风险转移的法律制度表明了特定交易条件下风险自卖方转移至买方的准确的时间和地点 ,使我们能通过确定货物损失原因、性质 ,决定由哪一方承担风险损失责任。《联合国国际货物销售合同公约》关于风险转移的基本原则是当事人可以通过引用诸如Incoterms中的贸易术语在销售合同中规定风险转移界限 ,公约还提出 5种补充性的风险转移模式。公约还规定了卖方违约时仍应承担风险事故造成的货物损失责任     

论渎职犯罪“损失”之判定

划定渎职罪损失的范围，应当将非物质性损失和间接损失纳入。渎职罪的间接损失系指由直接经济损失引起和牵连的其他损失。债权无法实现，可期待利益损失都是间接损失。渎职犯罪损失的计算应当以立案侦查时为最后期限。单次渎职行为造成的损失未达到犯罪，只要未经处理的，其损失数额可以累计。     

论纯粹经济损失的概念

纯粹经济损失概念的意义在于构建一个过滤可赔偿损害的特别法律范畴。纯粹经济损失概念产生的历史缘由为近代法确定的以有形财产为基础的损害赔偿制度。从法技术的维度看,纯粹经济损失概念的产生是德国侵权法以绝对权为基础确定严格限定的可赔偿损害范围模式的直接结果,非限定性的法国模式没有也不需要这一概念。纯粹经济损失概念在法律政策上有以下重要意义：将受害者与他人利益联系切断,而＂塑造一个利益独立的个人＂;为维护行为人的自由而免除加害人过重的负担;改变投射损失的光源点而大幅度地缩小可请求赔偿的间接损失范围,扩大不可赔偿的纯粹经济损失范围。我国损害赔偿法对纯粹经济损失的立法应采德国模式和法国模式的混合模式。     

知识产权侵权损害赔偿中实际损失的司法认定

传统的民商事法律领域的实际损失通常是指权利人现实利益的减损,即直接经济损失,通常不将间接经济损失称为实际损失。从现有知识产权法律规则与司法实践来看,知识产权法意义上的实际损失既包含直接经济损失,也包含间接经济损失。目前司法实践确认的间接损失包括销量的损失、维权费用的损失、重新投放广告恢复市场声誉的损失等。为充分弥补受害人的损失,价格侵蚀损失虽没有明文规定,在有可靠证据支持的范围内赔偿权利人价格侵蚀部分的损失,具有正当性。     

有限责任内涵的实证分析——一种公司损失分摊的法律规则

有限责任既不是公司的法律责任,也不是股东的法律责任,而是一种公司损失的分摊规则。从实证角度分析,有限责任是股东分摊公司"有限损失"的一种制度设计。根据有限责任规则,股东对公司损失实行"定额分摊",而社会﹙主要但不限于债权人﹚则实行"余额分摊"。鉴于公司损失涉及到社会分摊问题,公司不仅是"利益共同体",也是"损失共同体",这是公司相关制度刚性设计的基础。     

Blending reform of tort liability and health insurance: a necessary mix

The thesis of this Article is that making more health insurance benefits available to more people, far from lessening injury victims' proclivity to sue in tort (as conventional wisdom argues), will increase such suits. Thus, it is necessary to accompany any increases in health care coverage with the type of tort reform proposed herein. This reform would allow parties to opt out of the cumbersome and expensive tort claim process with its compensation of noneconomic losses by substituting quicker and surer compensation of any unmet economic losses.     

水域污染损害有关监测及评估鉴定问题

针对油污对海洋环境造成的生态损害和渔业资源损失索赔的实务问题,采用法定监测机构作出专业监测评估报告,为损害索赔提供技术依据的方法,从监测报告的特性、内容及其监测的方法,分析得出专业监测报告属于民事诉讼证据中的＂鉴定结论＂,应当作为认定损害的依据,并提出渔业主管部门对渔业资源损害的调查权和代表国家行使渔业资源损失的索赔权并存时并无利害关系的观点。     

Mass spectrometry as an aid in the detection and identification of piperidyl benzilates and related glycolates.

On the basis of the data presented above the following conclusions may be drawn. 1. The molecular ion peaks of most of the compounds examined are relatively weak but usually easily discernible to permit molecular weight determination. 2. The mass spectra of benzilate esters exhibit a relatively intense peak at m/e 183, and monitoring of this ion can serve as a means for preliminary screening for the presence of this type of a system. 3. Related esters exhibit a similar type of fragmentation resulting in a fragment ion analogous to m/e 183 but shifted by the appropriate number of mass units according to the substituents present. 4. Cleavage of the piperidine ring-ester oxygen bond in 3 and 4-substituted isomers is followed by selective losses of hydrogen radicals to produce ions of type e, f, and g as indicated above. It is significant that in a related piperidine ring system (methylphenidate) substituted in the 2 position, the same type of cleavage results in no further hydrogen losses [16] because of charge stabilization from the ring nitrogen (ion j, Fig. 17) [17]. In other words, the tendency to form a conjugated ion following initial bond cleavage can serve as a means for identifying the position of substitution on the ring and for distinguishing positional isomers.     

被保险人施救义务比较研究

在人寿保险以外的其他类型保险中,被保险人应在事故发生后承担施救义务。被保险人应主动履行施救义务,如果保险人就如何施救给出指示,被保险人应遵照执行。被保险人履行施救义务时发生的必要、合理费用,保险人应予以补偿,但补偿金额原则上不应超过保险金额。如果被保险人违反施救义务,保险人对由此发生或者扩大的损失不负赔付责任。