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211.
In Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298, the NewSouth Wales Court of Appeal held that exemplary (or punitive)damages are not available for breach of fiduciary duty or otherequitable obligation. The decision runs counter to authoritiesin Canada, New Zealand and some U.S. states. Punitive (exemplary)damages is a hotly debated topic in the United States and ithas attracted considerable interest among law and economicsscholars, particularly in the tort litigation context. Thisarticle analyzes the Digital Pulse case from a law and economicsperspective. Polinsky and Shavell (among others) argue thatthe function of punitive damages is to achieve optimal deterrencein cases where the probability that the plaintiff will discoverand successfully litigate the defendants wrongdoing isless than 1. Given the high costs of monitoring fiduciary behaviour,it might be tempting to conclude that exemplary damages shouldbe routinely awarded for breach of fiduciary obligation. Thearticle explains why this view is wrong. On the other hand,given the availability of gains-based remedies (the accountof profits and the like) for breach of fiduciary obligation,it might be tempting to conclude that exemplary damages arenever justified in fiduciary cases. The article explains whythis view is wrong too. The main conclusions are that: (1) exemplarydamages should be available for breach of fiduciary duty andthe like, but not as a matter of course; and (2) exemplary damageswere probably not warranted in Digital Pulse itself. 相似文献
212.
Wilson CI Altschul S Mead A Flannagan LM 《The American journal of forensic medicine and pathology》2004,25(1):80-82
The incidence of human fatalities due to arrow injuries in the medical literature is rare. We report an incident involving a 46-year-old man who was found in his secured apartment with a fatal arrow wound of his chest and abdomen. The initial scene investigation suggested that the victim impaled himself with an arrow attached to a razor-sharp, 4-bladed broad-head hunting tip before collapsing on the floor. However, analysis of the bloodstain patterns suggested that the victim used the compound bow to propel the arrow.When investigating deaths due to bows and arrows, thorough scene investigation along with bloodstain pattern analysis is essential in determining the mechanism of injury and manner of death. 相似文献
213.
Ballistics imaging technology has received national attention as a potent tool for moving the law enforcement response to violent gun criminals forward by linking multiple crime scenes to one firearm. This study examines the impact of ballistics imaging technology on the productivity of the Boston Police Department's Ballistics Unit. Using negative binomial regression models to analyze times series data on ballistics matches, we find that ballistics imaging technology was associated with a more than sixfold increase in the monthly number of ballistics matches made by the Boston Police Department's Ballistics Unit. Cost-effectiveness estimates and qualitative evidence also suggest that ballistics imaging technology allows law enforcement agencies to make hits that would not have been possible using traditional ballistics methods. 相似文献
214.
The limited research literature that relates specifically to sexual offenders against adults (rapists) would suggest that they are more likely to demonstrate a greater criminogenic profile but to have experienced fewer childhood and adult psychological difficulties than child molesters. The aim of this study is to describe the characteristics of an urban sample of convicted rapists (n =80), comparing them to a sample of child molesters (n = 230) on background and offense-related variables. Although there were a number of similarities between the two groups, rapists were less likely to have been sexually victimized as a child. The sexual recidivism rate was low (5%) for rapists after an average time at risk of 3 years despite a trend toward them being less compliant in the community. This article comments on the treatment needs of those with a range of psychological difficulties and indicates future directions for research. 相似文献
215.
216.
Anthony Corrado 《Journal of policy analysis and management》2005,24(3):600-603
217.
Anthony Luyirika Kafumbe 《Human Rights Review》2006,7(4):100-113
The 1995 Constitution of the Republic of Uganda in terms of article 31 (2) thereof, establishes rights under which widows
and widowers can inherit property from their spouses and enjoy parental rights over their children. A duty is placed on the
government to make appropriate laws to this end. More important though, the state has a duty to facilitate the administration
of estates in general by making, through decentralization, the institutional and legal framework on succession more accessible
to ordinary people. An issue that deserves fresh consideration is whether this obligation to make the legal and institutional
framework on succession accessible to ordinary people and especially widows, the years fater the Constitution was promulgated
has been realized, and if so, whether it has advanced the property rights of these surviving female spouses in the estates
of their deceased spouses. 相似文献
218.
Treatment efficacy is described for a sample of sexual offenders who had undertaken treatment in United Kingdom prisons (N = 647) and for a retrospectively selected comparison group (N = 1,910). The outcomes under observation in this study were sexual, sexual and/or violent, and general reconviction. Treatment impact was also examined in relation to offenders' risk of reconviction. The treatment group had slightly lower 2-year sexual reconviction rates than the comparison group, but these differences were not statistically significant. Significant differences were found between the treatment and comparison group for sexual and/or violent reconviction. Further analysis suggested that treatment produced a reduction in the probability of sexual and/or violent reconviction (p <.05) when other relevant variables were controlled for. General reconviction rates were consistently lower in the treatment group, but these differences were not significant. 相似文献
219.
A technique routinely used in the examination of questioned documents has been found to be of assistance when employed in the examination of faded and/or partially legible hospital identification wristbands found with unidentified remains (UIDs). A non-destructive test used predominately by forensic document examiners in the analysis of writing inks, handwritten alterations, and obliterations has proven useful throughout the years when confronted with this unusual type of documentary evidence. This discussion paper was prompted by the Tri-State Crematory disaster, Walker County, Georgia, from a request by investigators as to whether or not any information could be obtained from the examination of faded hospital identification wristbands where no information was readily discernable. Subsequent analysis by non-destructive infrared inspection, a standard technique used in the examination of questioned documents, proved useful in assisting with the identification of unidentified skeletal remains. 相似文献
220.
This study examined the relationship between mothers' eating attitudes and weight-loss attempts and their adolescent daughters' body dissatisfaction and weight-loss attempts. Two modes of transmission of mother's values to the daughter (modeling and encouragement) and two forms of weight-loss behavior (moderate and extreme) were examined. Female 10th and llth graders and their mothers completed eating attitudes and behaviors questionnaires. Daughter's moderate weight-loss attempts (e.g., dietary restraint and exercising) and its associated body dissatisfaction were significantly associated with mother's encouraging her daughter to lose weight. In contrast, daughter's more extreme weight-loss behaviors (e.g., fasting, crash dieting, and skipping meals) were predicted by mother's reports of her own body dissatisfaction and mother's use of extreme weight-loss behaviors herself. These effects were not simply an artefact of daughter's body weight. Implications for theory and prevention were noted. 相似文献