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151.
This article examines a model of strict liability with costlylitigation and presents conditions under which (1) potentialinjurers take optimal precautions, (2) increasing the cost oflitigation enhances precaution and social welfare, (3) the optimallevel of liability exceeds the compensatory level, and (4) increasingthe rate of settlement enhances social welfare. The resultshave implications for controversies surrounding fee shifting,optimal damage awards (e.g., punitive damages), and the socialdesirability of settlement. The most striking implication isthat fee shifting in favor of prevailing plaintiffs is sociallydesirable in low-transaction-cost settings. 相似文献
152.
Shelley Keith 《American Journal of Criminal Justice》2018,43(1):67-84
School bullying victimization represents an important type of strain (or stressful event) experienced by individuals because it usually occurs frequently, over a long period of time, and is an intentional violation against another person. The current study utilizes the 2009 School Crime Supplement (SCS) of the National Crime Victimization Survey (NCVS) to assess the effect of bullying victimization on avoidance behaviors and carrying weapons to school. This study also examines how bullying victimization affects fear and whether this emotion mediates the relationship between victimization and outcomes. As expected, traditional bullying and cyberbullying increase the likelihood of fear. In addition, traditional bullying and cyberbullying victimization increase the likelihood of avoidance behaviors and bringing a weapon to school. Contrary to expectations, fear did not mediate the relationship between bullying and coping behaviors. 相似文献
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154.
Presley L Lehrer M Seiter W Hahn D Rowland B Smith M Kardos KW Fritch D Salamone S Niedbala RS Cone EJ 《Forensic science international》2003,133(1-2):22-25
Identification of 6-acetylmorphine, a specific metabolite of heroin, is considered to be definitive evidence of heroin use. Although 6-acetylmorphine has been identified in oral fluid following controlled heroin administration, no prevalence data is available for oral fluid specimens collected in the workplace. We evaluated the prevalence of positive test results for 6-acetylmorphine in 77,218 oral fluid specimens collected over a 10-month period (January-October 2001) from private workplace testing programs. Specimens were analyzed by Intercept immunoassay (cutoff concentration=30 ng/ml) and confirmed by GC-MS-MS (cutoff concentrations=30 ng/ml for morphine and codeine, and 3 ng/ml for 6-acetylmorphine). Only morphine-positive oral fluid specimens were tested by GC-MS-MS for 6-acetylmorphine. A total of 48 confirmed positive morphine results were identified. An additional 107 specimens were confirmed for codeine only. Of the 48 morphine-positive specimens, 32 (66.7%) specimens were positive for 6-acetylmorphine. Mean concentrations (+/-S.E.M.) of morphine, 6-acetylmorphine and codeine in the 32 specimens were 755+/-201, 416+/-168 and 196+/-36 ng/ml, respectively. Concentrations of 6-acetylmorphine in oral fluid ranged from 3 to 4095 ng/ml. The mean ratio (+/-S.E.M.) of 6-acetylmorphine/morphine was 0.33+/-0.06. It is suggested that, based on controlled dose studies of heroin administration, ratios >1 of 6-acetylmorphine/morphine in oral fluid are consistent with heroin use within the last hour before specimen collection. The confirmation of 6-acetylmorphine in 66.7% of morphine-positive oral fluid specimens indicates that oral fluid testing for opioids may offer advantages over urine in workplace drug testing programs and in testing drugged drivers for recent heroin use. 相似文献
155.
Pinckard JK Wetli CV Graham MA;National Association of Medical Examiners 《The American journal of forensic medicine and pathology》2007,28(3):202-207
The medical examiner community plays a key role in the organ and tissue procurement process for transplantation. Since many, if not most, potential organ or tissue donors fall under medicolegal jurisdiction, the medical examiner bears responsibility to authorize or deny the procurement of organs or tissues on a case-by-case basis. This responsibility engenders a basic dichotomy for the medical examiner's decision-making process. In cases falling under his/her jurisdiction, the medical examiner must balance the medicolegal responsibility centered on the decedent with the societal responsibility to respect the wishes of the decedent and/or next of kin to help living patients. Much has been written on this complex issue in both the forensic pathology and the transplantation literature. Several studies and surveys of medical examiner practices, as well as suggested protocols for handling certain types of cases, are available for reference when concerns arise that procurement may potentially hinder medicolegal death investigation. It is the position of the National Association of Medical Examiners (NAME) that the procurement of organs and/or tissues for transplantation can be accomplished in virtually all cases, without detriment to evidence collection, postmortem examination, determination of cause and manner of death, or the conducting of criminal or civil legal proceedings. The purpose of this position paper is to review the available data, the arguments for and against medical examiner release, and to encourage the release of organs and tissues in all but the rarest of circumstances. 相似文献
156.
What the Trial Judge Needs to Know about the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
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Robert E. Keith 《Juvenile & family court journal》2018,69(1):5-17
Since the 1950s, there have been several international multi‐lateral treaties for recognition and enforcement of child and spousal support orders. They operated, primarily, in civil law countries where “creditor‐based jurisdiction” allowed establishment of an order in the country of habitual residence of the child or the custodial parent. The United States, requiring “minimum contacts” with the debtor to establish personal jurisdiction, could not be a party to such agreements. For nearly fifty years the U.S., and a few states, sought to fill the need for international reciprocity by negotiating individual country‐to‐country or state‐to‐country arrangements. With ratification of the 2007 Family Maintenance Convention, the United States was finally able to join in a multi‐lateral treaty. The treaty took effect in the United States on January 1, 2017, establishing procedures for international recognition, enforcement and modification of family support orders with 35 other countries already party to the Convention (including the entire European Union). The grand bargain struck during the negotiations between 2003 and 2007 was that the U.S. would honor a foreign order if, under the facts presented, there were sufficient minimum contacts with the debtor that would have supported personal jurisdiction if the order had been entered in any state in the U.S. If unable to recognize a foreign order, the U.S. agreed to take steps to issue a new one. The treaty establishes administrative procedures that, in many respects, are nearly identical to interstate enforcement of domestic support orders in this country. But there are also aspects of the treaty that are entirely new and warrant explanation for family and juvenile court judges. This article focuses on several unique provisions of the treaty that judges and attorneys need to understand. 相似文献
157.
Keith Alger 《Studies in Comparative International Development (SCID)》1990,25(4):35-55
Comparative studies of the NICs usually show that their success at exporting manufactures to the North is unrelated to the role of intrafirm trade and subcontracting in their exports, since in some very successful NICs intrafirm trade has played a small and diminishing role. This study explores hyptheses suggesting why intrafirm trade and subcontracting may become more important factors in NIC exports because of the changing composition of their exports, changing technology, and developed country protectionism. Data on the share of eight developing countries' manufactured exports to the United States under offshore assembly provision (OAP) item 807.00 are tested for their changing importance to export growth over the period 1970 to 1984. For all NICs, the share of their exports to the United States under OAP became more positively related to export performance in the 1980s than it had been in the 1970s. For Asian NICs, non-OAP exports continued to outperform OAP exports. 相似文献
158.
Health Systems Agencies (HSAs) were mandated to include representation of the community, broadly conceived. The implicit intention of the law was to include consumers as important and co-equal participants with providers in health planning. This paper is an examination of consumer participation in one ESA. Contrary to expectations derived from the literature, citizens in this HSA exercised independent judgment regarding the major issue to confront them. We conclude his was a function of the following: talents and skills of the consumer members; natural interest in health care policy by consumer board members, sympathetic and supportive provider board members; and the homogenous character of the population in the region served. 相似文献
159.
160.