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BREAKING DOWN BUSINESS VALUATION: THE USE OF COURT‐APPOINTED BUSINESS APPRAISERS IN DIVORCE ACTIONS*
Donna Tumminio 《Family Court Review》2006,44(4):623-639
This Note advocates for greater reliance on court‐appointed business appraisers in divorce proceedings. After exploring the history of court‐appointed experts in American jurisprudence and addressing the specific problems that arise when valuing a business, this Note demonstrates how neutral business appraisers can assist courts in assessing a highly technical matter while simultaneously providing both courts and parties with an accurate, reliable source of information. The Note further provides suggestions for when the appointment of a neutral appraiser may be beneficial. The second section of this Note addresses technical matters that the court must deal with in selecting a reliable expert, including where the court derives its power to appoint a neutral expert, what standards the court should use in appointing the expert, and who should pay the cost of the expert's appointment. 相似文献
173.
The aim of this study was to add to the emerging knowledge about the role of bystanders in cyberbullying. To differentiate online versus offline bystander behaviors, 292 Australian children (mean age = 15.2; female = 54.4%) reviewed hypothetical scenarios experimentally manipulated by bystander sex, relationship to target and perpetrator, and severity of bullying incident. In both environments, bystander helping behaviors were more likely when the target was a close friend, perceived harm to the target was high, and when bystanders were female. Bystanders also reported being less likely to approach teachers or publicly defend targets in online versus offline environments. This suggests programs designed to encourage positive bystander behaviors online can be similar to face-to-face approaches, but they need to recognize some aspects unique to the online environment. 相似文献
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Donna Lee 《Diplomacy & Statecraft》2001,12(3):115-138
During the details stage of multilateral economic talks, agreements are usually negotiated using a combination of two methods - compromise on individual issues and tit-for-tat exchanges. This article identifies the circumstances in which the the US, EEC and British delegations employed these traditional diplomatic techniques, and assesses the effectiveness of these techniques in forging agreement in the details stage of the Kennedy Round, Providing a detailed account of these talks, the article demonstrates that the negotiating techniques of the American delegation were far more flexible than those of the European and British delegations and that this flexibility was vital to the successful completion of the talks. The article concludes that differences in negotiating technique are best explained by a combination of two factors - the contrasting decision making structures of each negotiating team and the international political context of the negotiations. 相似文献
176.
Bush DM 《Forensic science international》2008,174(2-3):111-119
The U.S. Department of Health and Human Services (HHS) drug testing standards were published in 1988 and revised in 1994, 1998, and 2004. In 2004, significant revisions defining, standardizing, and requiring specimen validity testing on Federal employee donor urine specimens were included. In a separate notice, HHS proposed to establish scientific and technical guidelines for the Federal Workplace Drug Testing Program to: (1) permit laboratory testing of hair, oral fluid, and sweat patch specimens in addition to urine specimens for marijuana, cocaine, phencyclidine, opiates (with focus on heroin), and amphetamines [including methylenedioxymethamphetamine (MDMA), methylenedioxyethamphetamine (MDEA), methylenedioxyamphetamine (MDA)]; (2) permit use of on-site point of collection test (POCT) devices to test urine and oral fluid at collection sites; (3) permit use of instrumented initial test (screening only) facilities [IITF] to quickly identify negative specimens; and (4) add training requirement for collectors, on-site testers, and MROs. This proposal was published in the Federal Register on 13 April 2004, with a 90-day public comment period. The Substance Abuse and Mental Health Services Administration, HHS, reviewed those comments and is preparing the Final Notice that will define the requirements for such testing, including: specimen collection procedures, custody and control procedures that ensure donor specimen identity and integrity, testing facility, initial and confirmatory test cutoff concentrations, analytical testing methods, result review and reporting, evaluation of alternative medical explanations for presence of drug or metabolite in the donor's specimen, and laboratory certification issues. Voluntary pilot performance testing (PT) programs for each specimen type are on-going since April 2000 to determine how to prepare PT materials for specimens other than urine to evaluate laboratories' ability to routinely achieve accuracy and precision required. Certification programs will be developed using the current urine drug testing National Laboratory Certification Program model. The addition of accurate and reliable workplace drug testing using hair, oral fluid, and sweat patch specimens will complement urine drug testing, and aid in combating industries devoted to suborning drug testing through adulteration, substitution, and dilution. For example, hair testing may detect chronic drug use for up to 90 days and be useful in pre-employment situations; oral fluid testing may detect drug use in past hours and be useful in post-accident situations; sweat patch testing may be useful in follow-up drug testing and treatment programs; POCTs and IITFs may be most useful for quickly identifying specimens that are negative for drugs and indicate that the specimen is valid. 相似文献
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A sample of 689 adolescents (grades 7–12) from two Midwestern communities who had been identified by peers as members of one of three major peer groups responded to a self-report survey measuring perceptions of peer pressure in five areas of behavior: involvement with peers, school involvement, family involvement, conformity to peer norms, and misconduct. Perceived pressures toward peer involvement were particularly strong, whereas peer pressures concerning misconduct were relatively ambivalent. Perceived pressures toward misconduct increased across grade levels and pressures to conform to peer norms diminished; grade differences in perceived peer pressures concerning family involvement were community specific. Compared to druggie-toughs, jock-populars perceived stronger peer pressures toward school and family involvement, and less pressure toward (stronger pressure against) misconduct; patterns of perceived pressure among loners were more variable across communities. Results elaborated the process of peer influence in adolescent socialization and identity development.A version of this paper was presented at the biennial meetings of the Society for Research in Child Development, Toronto, April 1985. The study was supported by a grant to the second author from the Spencer Foundation, Chicago, Illinois.She received her Ph.D. in 1982 from University of Wisconsin-Madison. Her research interests: adolescent peer groups and peer pressure, and implications of various instructional strategies for gifted students.He received his Ph.D. in 1979 from the University of Chicago. His research interests: effects of peer pressure and peer-group affiliation on adolescent self-concept and identity development, and social development in high school. 相似文献
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180.