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591.
The first 150 words of the full text of this article appear below. Key points
1. Introduction
. . . [Full Text of this Article]
2. Overview of the case
The facts The decision The ratio Appeals
3. Significance of the case
4. Nature of appropriation
Nature of security interest Contrast title transfer collateral arrangements Meaning of appropriation The issue in the case
5. Indirectly held securities
6. The Financial Collateral Directive regime
7. Interpretation of UK provisions implementing EU legislation
8. Doctrine versus pragmatism
相似文献
- The recent decision of the High Court of the BritishVirgin Islands in Alfa v Cukurova has caused a stir among lawyersserving the international financial markets based in London.
- Thedecision concerns the meaning of appropriation.Appropriation is a new remedy for collateral takers introducedby the Financial Collateral Arrangements (No. 2) Regulations2003, which implement the Financial Collateral Directive.
- Thedecision holds that effective appropriation requires the collateraltaker to take over from the collateral giver the ability todeal with the collateral as its own.
- In Cukurova, where anequitable mortgage was taken over directly held shares, thisrequired that the collateral taker become the registered ownerof the shares.
- The decision was appealed to the BVI Court ofAppeal in late January 2008 and may go further. In the meantime,this article provides an overview of the decision and considersits wider significance.
592.
Research on questions such as whether national leaders use force in the international arena to divert attention from problems at home depends on a valid and reliable list of the incidents in which various states have used military force. In the case of the United States, several data sets have been used for this purpose. This research note compares two widely used data sets, the militarized interstate disputes (MID) data, which cover disputes involving all states between 1816 and 1992, and the data originally compiled by Stephen Kaplan and Barry Blechman, which cover only the United States since World War II. This comparison indicates that, in spite of its usefulness for other conflict research, the MID data are not appropriate for analyses of U.S. decisions to use force, including tests of the diversionary hypothesis. The MID data set excludes several categories of incidents relevant to major theoretical arguments about the use of force and includes many irrelevant incidents. These problems are likely to apply to similar analyses of other states as well. The Blechman and Kaplan data set also excludes some relevant events, but its omissions are less consequential. We offer a revised list of United States uses of force between 1870 and 1995. 相似文献
593.
The RSID-saliva test and the SALIgAE-saliva test are two recently developed forensic saliva detection kits. In this study, we compared the sensitivity and the specificity of the two test kits with the Phadebas amylase test by analyzing amylases from various sources including human, animals, plants, and micro-organism. The data demonstrate that the RSID-saliva test and the SALIgAE-saliva test offer higher sensitivity and specificity for the detection of saliva than the Phadebas amylase test. The detection limits of the RSID-saliva test, the SALIgAE-saliva test, and the Phadebas amylase test equate to 10, 4, and 1000 nL, respectively for human saliva. The RSID-saliva test and the SALIgAE-saliva test were further evaluated by analyzing semen, vaginal secretion, breast milk, blood, urine, sweat, and feces. The results of the two tests are in good agreement. The two tests reacted with urine, breast milk, and feces, but not with semen, vaginal secretion, blood, and sweat. 相似文献
594.
Benjamin H. Eriksen Michael Stangegaard Tobias G. Frøslev Thomas M. Hansen Anders J. Hansen Niels Morling 《Forensic Science International: Genetics Supplement Series》2009,2(1):66-68
We have implemented and validated customized protocols for automated Quantifiler® setup, template normalization and PCR setup using the Tecan HID EVOlution™ qPCR/STR setup. The protocols were validated for the Quantifiler® human DNA quantification, AmpF?STR® SGM Plus® and SEfiler Plus™ PCR Amplification Kits (Applied Biosystems) according to EN/ISO 17025. 相似文献
595.
Methods for the analysis of “big data” on citizen-government interactions are necessary for theoretical assessments of bureaucratic responsiveness. Such big data methods also stand to benefit practitioners' abilities to monitor and improve these emerging transparency mechanisms. We consider supervised latent Dirichlet allocation (sLDA) as a potential method for these purposes. To this end, we use sLDA to examine the Mexican government's (non)responsiveness to all public information requests filed with the federal Mexican government during the 2003–2015 period, and to identify the request topics most associated with (non)responsiveness. Substantively, our comparisons of the topics that are most highly predictive of responsiveness and nonresponsivess indicate that political sensitivity plays a large and important role in shaping official behavior in this arena. We thus conclude that sLDA provides unique advantages for, and insights into, the analysis of (i) textual records of citizen–government interactions and (ii) bureaucratic (non)responsiveness to these interactions. 相似文献
596.
Benjamin D. Freer Ginny Sprang Debbie Katz Clarissa Belle Kelsey Sprang 《Journal of family violence》2017,32(2):189-196
Previous research has investigated the deleterious effects of child maltreatment on child development; however, little research has examined the development of children who live with caregivers who are at risk of maltreatment on child development outcomes. This study utilized self-report data from caregivers that included the Child Abuse Potential Inventory (CAPI), Parenting Stress Inventory-Short Form (PSI/SF), and Adaptive Behavior Assessment System-2nd Edition (ABAS-II) for 116 children ages 3-12 from a rural, Appalachian community. Caregivers with lower child abuse potential, children who used fewer school services, older children, and caregivers with lower household income had better total adaptive skills. Caregivers with lower child abuse potential, children who used fewer school services and older children had better functioning on the academic skills subscale. Children who used fewer school services, were older, and had lower family income had greater self-care skills. Finally, children who used fewer school services had greater communication skills. Parent-child dysfunction was not related to child development outcomes. The findings demonstrate that educators are in a unique position to intervene and support children at risk of maltreatment. 相似文献
597.
Mairs S Swift B Rutty GN 《The American journal of forensic medicine and pathology》2004,25(4):276-284
Osteological assessment of human remains forms an essential part of forensic work, especially during the examination of extensively decomposed, dismembered, or burnt bodies. Currently employed methods for removal of adherent soft tissue reflect practices often used by museum curators, notably insect consumption, enzymatic maceration, or boiling of the bones, with subsequent manual removal of material. This study was designed to assess the effectiveness of detergents for the purpose of soft-tissue removal from animal-derived specimens. The results indicate that such a means is comparable to enzymatic maceration but with fewer health and safety issues and greater advantages regarding transportation and availability of materials when an investigator is in a fieldwork scenario. 相似文献
598.
Diatoms are a group of unicellular algae that have been recorded and classified for over 200 years and have been used in a range of applications in forensic science. We have developed a quantitative diatom-based reconstruction technique to confirm drowning as a cause of death and localize the site of drowning in two recent, high-profile, case studies. In both case studies we collected diatom samples from the local and/or regional area to act as a control in the examination of diatom assemblages associated with lungs and clothing. In Case Study 1 the modern analog technique suggested that all lung and clothing samples have statistically significant similarities to control samples from shallow water habitats. In Case Study 2, the analog matching suggested that the majority of lung samples show a statistically significant relationship to samples from a pond, indicating that this was the drowning medium. 相似文献
599.
Lawyer SR Ruggiero KJ Resnick HS Kilpatrick DG Saunders BE 《Journal of interpersonal violence》2006,21(10):1333-1353
This research examines mental health correlates of different victim-perpetrator relationships among adolescent victims of interpersonal violence. A large and nationally representative sample of adolescents (N = 4,023) responded to structured telephone interviews concerning mental health functioning (posttraumatic stress disorder-PTSD, major depressive disorder, substance abuse/dependence, and delinquency). Those reporting histories of sexual (n = 321) and/or physical (n = 688) assault were queried about specific aspects of their assaults, including their relationship with the perpetrator. After controlling for demographic and assault-related risk factors, the victim-perpetrator relationship remained a significant risk factor for mental health problems. Adolescents sexually assaulted by nonstrangers were at increased risk for PTSD; those sexually assaulted by acquaintances or people they did not know well were at increased risk for delinquency. Adolescents who were physically assaulted by a family member were at increased risk for PTSD. Explanations for the findings and the need for consistent assessment methods across related studies are discussed. 相似文献
600.
Budowle B Adamowicz M Aranda XG Barna C Chakraborty R Cheswick D Dafoe B Eisenberg A Frappier R Gross AM Ladd C Lee HS Milne SC Meyers C Prinz M Richard ML Saldanha G Tierney AA Viculis L Krenke BE 《Forensic science international》2005,150(1):1-15
A total of 2443 male individuals, previously typed for the 13 CODIS STR loci, distributed across the five North American population groups African American, Asian, Caucasian, Hispanic, and Native American were typed for the Y-STR loci DYS19, DYS385a/b, DYS389I/II, DYS390, DYS391, DYS392, DYS393, DYS437, DYS438 and DYS439 using the PowerPlex Y System. All population samples were highly polymorphic for the 12 Y-STR loci with the marker DYS385a/b being the most polymorphic across all sample populations. The Native American population groups demonstrated the lowest genetic diversity, most notably at the DYS393 and DYS437 loci. Almost all of the 12-locus haplotypes observed in the sample populations were represented only once in the database. Haplotype diversities were greater than 99.6% for the African Americans, Caucasians, Hispanics, and Asians. The Native Americans had the lowest haplotype diversities (Apaches, 97.0%; Navajo, 98.1%). Population substructure effects were greater for Y-haplotypes, compared with that for the autosomal loci. For the apportionment of variance for the 12 Y-STRs, the within sample population variation was the largest component (>98% for each major population group and approximately 97% in Native Americans), and the variance component contributed by the major population groups was less than the individual component, but much greater than among sample populations within a major group (11.79% versus 1.02% for African Americans/Caucasians/Hispanics and 15.35% versus 1.25% for all five major populations). When each major population is analyzed individually, the R(ST) values were low but showed significant among group heterogeneity. In 692 confirmed father-son pairs, 14 mutation events were observed with the average rate of 1.57x10(-3)/locus/generation (a 95% confidence bound of 0.83x10(-3) to 2.69x10(-3)). Since the Y-STR loci reside on the non-recombining region of the Y chromosome, the counting method is one approach suggested for conveying an estimate of the rarity of the Y-haplotype. Because the Y-STR loci are not all in disequilibrium to the same extent, the counting method is a very conservative approach. The data also support that autosomal STR frequencies can be multiplied by the upper bound frequency estimate of a Y-haplotype in the individual population group or those pooled into major population groups (i.e., Caucasian, African American, Hispanic, and Asian). These analyses support use of the haplotype population data for estimating Y-STR profile frequencies for populations residing in North America. 相似文献