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Consumer bankruptcy regulation in the United States as well as in many other countries allow consumers to petition for a partial
debt discharge. Usually, a debt release is possible when the debtor behaves in the creditors’ best interest and after filing
for bankruptcy signs over her entire disposable income for a fixed period. Depending on the country the period lasts between three and six years. We show that a fixed period distorts the consumer’s
ex-post incentives to work hard. Instead, we suggest to adequately reduce the outstanding claim and to make debt release contingent
on payment. When the consumer manages to pay back the reduced amount, the rest of the initial debt should be discharged immediately.
In effect, the consumer becomes the residual claimant of her endeavors. The period of good conduct is effectively variable.
JEL classification D18. D91. K29 相似文献
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Jochen Schumacher 《Natur und Recht》2008,30(10):744-744
Ohne Zusammenfassung 相似文献
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Chu M Gerostamoulos D Beyer J Rodda L Boorman M Drummer OH 《Forensic science international》2012,215(1-3):28-31
Oral fluid (OF) has become a popular specimen to test for presence of drugs, particularly in regards to road safety. In Victoria, OF specimens from drivers have been used to test for the presence of methylamphetamine (MA) and Δ(9)-tetrahydrocannabinol (THC) since 2003 and 3,4-methylenedioxy-N-methylamphetamine (MDMA) since 2006. LC-MS/MS has been used to test the most recent 853 submitted OF specimens from Victoria Police for 31 drugs of abuse including those listed in the Australian Standard AS4760-2006. At least one proscribed drug was detected in 96% of drivers, of which MA was the most common (77%), followed by THC (42%), MDMA (17%) and the combination of all three (3.9%). Opioids were detected in 14% of drivers of which 4.8% were positive for 6-acetylmorphine and 3.3% for methadone. The incidence of the opioids tramadol (1.2%) and oxycodone (1.1%) were relatively low. Cocaine (8.0%) was as commonly detected as benzodiazepines (8.0%), and was almost always found in combination with MA (7.9%). Samples positive to benzodiazepines were largely due to diazepam (3.5%) and alprazolam (3.4%), with only 0.2% of drivers combining the two. Ketamine was also detected in 1.5% of cases. While the incidences of the proscribed drugs itself are concerning, it is clear that many drivers are also using other drugs capable of causing impairment. 相似文献
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Drummer OH Kourtis I Beyer J Tayler P Boorman M Gerostamoulos D 《Forensic science international》2012,215(1-3):14-17
In mid 2009 Victoria introduced compulsory drug testing of blood taken from all injured drivers taken to hospital. Δ(9)-Tetrahydrocannabinol (THC), methylamphetamine (MA) and 3,4-methylenedioxy-methylamphetamine (MDMA) are prohibited and if drivers are positive to any amount an automatic penalty is enforced. Laboratory screens were conducted on preserved blood using ELISA testing for cannabis metabolite and methylamphetamines and a fully validated LC-MS/MS method for 105 drugs including THC, amphetamines, opioids, benzodiazepines, antidepressants and antipsychotics and a number of other psychoactive substances using a minimum of two transitions per drug. Conventional GC-testing for ethanol was used to screen and quantify the presence of alcohol. 1714 drivers were tested and showed alcohol in 29% (≥ 0.01 g/100mL) and drugs in 35%. The positive rate for the three drugs prohibited by legislation was 12.5%. The prevalence of THC, MA and MDMA was 9.8%, 3.1%, and 0.8%, respectively. The range of THC concentrations in blood was 2-42 ng/mL (median 7) of which 70% had a concentration of 10 ng/mL or higher. The range of concentrations for MA and MDMA was 0.02-0.4 and 0.03-0.3mg/L (median for both drugs was 0.05 mg/L). Drugs of any type were detected in 35% of cases. The other drugs were largely prescribed drugs such as the antidepressants (9.3%) and benzodiazepines (8.9%). Neither 6-acetylmorphine nor cocaine (or benzoylecgonine) was detected in these cases. 相似文献
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The process of coalition formation following the 2017 Bundestag election was the most difficult in German post-war history. For the first time, Germany saw negotiations fail, a minority government being discussed as a real possibility, and the federal president involved as formateur in coalition politics. The aim of this contribution is to explain why government formation was so intricate after the 2017 election. To this end, we trace patterns of party politics and the development of the German party system since 2013. We then study general patterns of government formation at the regional and national levels since the 1990s and evaluate whether these have changed with the advent of the right-wing populist party, Alternative for Germany. Our analysis of the 2017–2018 government formation is based on a novel expert survey of the policy profiles of German parties on various issue dimensions, conducted in 2017. The results show that the continuation of the incumbent coalition government of Christian and Social Democrats was the most likely outcome, and that the Social Democrats were indeed able to enforce a surpassing share of their policy positions in the final negotiation rounds. 相似文献