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161.
The paper uses the opportunity afforded by the European Commission's Third Report of the Product Liability Directive to assess the present state of product liability in Europe. It notes that despite the maximal harmonisation character of the Directive there is a risk of divergence between Member States on key issues including the core concept of defectiveness. The Commission seems at times confused (for example, as regards the relationship between defect and fault liability) and more often complacent about the risks of divergence; but this sits uneasily with the espousal of maximal harmonisation. Ultimately there may be a need for a rethinking of product liability to ensure greater clarity as regards the underlying rationale supporting strict liability. This seems unlikely to materialise in the near future and so at the very least the Commission should act to clarify some core concepts that are proving difficult to interpret for the courts. 相似文献
162.
163.
When questioning a reluctant witness, investigators sometimes encourage the witness by providing information about what other witnesses have said. Three experiments were conducted to test the combined effects of such co-witness information and suggestive questioning on the accuracy of eyewitness memory reports. Experiment 1 was analogous to the experience of a witness who receives information from an interviewer or questioner about what other witnesses have already said, whereas Experiments 2 and 3 simulated the situation in which a witness receives information directly from a co-witness. In all three experiments, when participants received incorrect information about a co-witness's response, they were significantly more likely to give that incorrect response than if they received no co-witness information. This effect persevered in a delayed memory test 48 h after the initial questioning session in Experiment 3. Accuracy rates were lowest of all when incorrect co-witness information was paired with questioning that suggested an incorrect response. These results have implications not only for the immediate effects on the accuracy of witnesses' memory reports, but also for the impact that even one such inaccurate report can have on the manner in which a case is investigated by the police or other authorities. 相似文献
164.
Duncan Webb 《International Journal of the Legal Profession》2005,12(2):261-290
This paper asks the question of why, in some cases, a client is precluded from demanding of their lawyer that they act for them and their adversary simultaneously. We accept that in numerous instances a lawyer can act for clients whose interests may diverge (or in some cases do in fact diverge) providing informed consent has been obtained. This paper enquires as to why the line between waivable and non-waivable conflicts is drawn where it is, and examines the theoretical underpinning of the waiver rule and its boundaries. It does so by first looking at the client autonomy argument for allowing waivers. It then turns to explore the paternalistic justifications for rendering a consensual waiver of a conflict inoperative. Finally it looks at those cases where a waiver is not permitted that are left unexplained by paternalism. It argues that paternalism, properly understood, is a legitimate justification for most refusals to accept a waiver of conflict. However, a residual body of cases remain unexplained by paternalism. Those cases are best explained by the propensity of the law and the legal profession to protect its institutional values and interest. 相似文献
165.
Formal invalidity or revocation proceedings must be broughtin order for the distinctiveness of a mark to be challenged;challenges to distinctiveness must not derive from the defendant'suse of an infringing mark. 相似文献
166.
Dr. W. Jack Duncan Jon G. Rodgers Jr. William E. Farrar 《The Journal of Technology Transfer》1984,8(2):1-10
This paper addresses the question of the distribution of federal research funds. It is noted that the top five institutions in terms of federal funding occupy very stable and extremely high rankings in terms of the quality of their academic programs in a variety of fields. It is suggested that this is part of their overall strategy for achieving organizational effectiveness. The implications for technology generation and transfer are discussed. In view of the various theories of organizational effectiveness, it is noted that research oriented universities that consistently win in the quest for federal research funds have developed both the structure and atmosphere necessary for responding to external groups. 相似文献
167.
The operational steps involved in the theft of property are identified and discussed with central attention being given to the criminal receiver of stolen goods—the “fence”. Both the likely and unlikely divisions of labor in the stolen property marketplace are analyzed as are the functional progressions of events in the theft industry. The analysis is based on a field research project. 相似文献
168.
W H Soine W Duncan R Lambert R Middleberg H Finley D J O'Neil 《Journal of forensic sciences》1992,37(2):513-527
Common analytical methods used for identifying samples obtained from clandestine laboratories were evaluated for their ability to differentiate between possible amphetamine isomers and homologs. A series of ring-substituted (4-methyl, 4-methoxy, and 3,4-methylenedioxy) amphetamine and N-methylphenethylamine isomers was analyzed using color tests, thin-layer chromatography, gas chromatography/mass spectrometry (GC/MS) and GC/infrared (GC/IR). The N-acetyl derivatives of the isomers were analyzed using GC/IR/MS. GC/IR/MS readily differentiated the 4-methylphenylalkylamine isomers. MS and IR spectra were also obtained for each pair of the 4-methoxyphenylalkylamine isomers and the 3,4-methylenedioxyphenylalkylamine isomers, but differentiation via GC/IR/MS was difficult. The N-acetyl derivatives of each pair of isomers could be readily differentiated using GC/IR/MS. Good library researchable spectra for N-acetylamphetamine could be obtained for IR identification with 10 ng (on-column) and MS identification with 2 ng. The spectrometrically independent IR and MS data obtained for the N-acetyl derivatives indicated that the combination of GC/IR/MS can add a significant level of confidence in the analysis of ring-substituted arylalkylamines. 相似文献
169.
This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo. 相似文献
170.
A Practical Guide for the Formulation of Propositions in the Bayesian Approach to DNA Evidence Interpretation in an Adversarial Environment
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Simone Gittelson Ph.D. Tim Kalafut Ph.D. Steven Myers M.S. Duncan Taylor Ph.D. Tacha Hicks Ph.D. Franco Taroni Ph.D. Ian W. Evett D.Sc. Jo‐Anne Bright Ph.D. John Buckleton D.Sc. 《Journal of forensic sciences》2016,61(1):186-195
The interpretation of complex DNA profiles is facilitated by a Bayesian approach. This approach requires the development of a pair of propositions: one aligned to the prosecution case and one to the defense case. This note explores the issue of proposition setting in an adversarial environment by a series of examples. A set of guidelines generalize how to formulate propositions when there is a single person of interest and when there are multiple individuals of interest. Additional explanations cover how to handle multiple defense propositions, relatives, and the transition from subsource level to activity level propositions. The propositions depend on case information and the allegations of each of the parties. The prosecution proposition is usually known. The authors suggest that a sensible proposition is selected for the defense that is consistent with their stance, if available, and consistent with a realistic defense if their position is not known. 相似文献