English courts are frequently criticised for their flexible approach to the finding of implied choice and the use of the escape clause in the context of the Rome I Regulation/Convention on the law applicable to contractual obligations. This paper argues that such criticism is misplaced. Based on empirical evidence, the article shows that those choice of law decisions are directly influenced by their procedural context and respond to the need to balance the multiple policy issues generated by international commercial litigation. In particular, English decisions need to be assessed in light of three distinct factors: the standard of proof required at different stages of the procedure in England, the national policy to promote England as a center for commercial dispute resolution and the incentives to export English law in certain strategic industries. The use of implied choice and the escape clause to achieve these ends constitutes a legitimate practice that does not frustrate the aims of the EU choice of law regime. 相似文献
This article is an abstract of a conference with the same title presented at the XIII Jornadas sobre Derecho y Genoma Humano and is basically centred in a report for the Royal Society and the Royal Academy of Engineering entitled Nanoscience and Nanotechnology made publicly available July 2004. 相似文献
The aim of this study was to assess the effectiveness of two current on-site oral fluid (OF) drug detection devices (OraLab and Dräger), as part of the Spanish participation in the Roadside Testing Assessment Project (ROSITA Project). The study was done in collaboration with the Spanish Traffic Police, in Galicia (NW Spain), during 2004 and 2005. A total of 468 drivers selected at the police controls agreed to participate through informed consent. In addition, saliva samples were collected and sent to the laboratory to confirm the on-site results. For this purpose, two different analytical liquid chromatography–mass spectrometry (LC–MS) methods were used to detect 11 drugs or metabolites in a 300 μL sample. Simultaneous analysis of morphine, 6-acetylmorphine, amphetamine, methamphetamine, MDA, MDMA, MDEA, MBDB, cocaine and benzoylecgonine was carried out using 100 μL of oral fluid, after an automated solid phase extraction. A different LC–MS method was performed to detect Δ9-THC in 200 μL of oral fluid using liquid–liquid extraction with hexane at pH 6. Both methods were fully validated, including linearity (1–250 ng/mL, 2–250 ng/mL) recovery (>50%), within-day and between-day precision (CV < 15%), accuracy (mean relative error < 15%), limit of detection (0.5 and 1 ng/mL), quantitation (1 and 2 ng/mL) and matrix effect. All of the positive cases and a random selection of 30% of the negatives were analyzed for confirmation analysis. Good results (sensitivity, specificity, accuracy, positive predictive value and negative predictive value > 90%) were obtained for cocaine and opiates by OraLab, and for cocaine by Dräger. However, the results for the other compounds could be improved for both detection devices. Differences in the ease of use and in the interpretation mode (visual or instrumental) were observed. 相似文献
This article advances a resource endowment theory of human capital and performance in government organizations. Building on research on human capital and firm location in business economics and task complexity in public management, the authors argue that an agency's ability to implement policy is determined both by its scale and by the human capital of the population from which it draws its employees. The authors cast labor as a factor of production in public agencies and argue that access to higher‐quality labor improves government effectiveness. The effect of human capital on performance is especially pronounced when agencies are charged with the implementation of technically complex tasks. The empirical subject is U.S. municipal water utilities’ compliance with the Safe Drinking Water Act. Comparing records of compliance with more and less complex regulatory requirements provides evidence consistent with the general model. The findings carry important implications for public management and policy design.相似文献
Examine the long-term effects of two childhood universal prevention programs on adolescent delinquency, substance use, and antisocial behavior.
Methods
The cluster randomized controlled trial involved 56 schools and 1,675 children in Zurich, Switzerland. Two evidence-based interventions, namely the social-emotional skills program Promoting Alternative Thinking Strategies (PATHS) and the cognitive-behavioral parenting program Triple P, were implemented during the first two years of primary school, at ages 7 and 8 years. Outcomes were measured at ages 13 and 15 years, and included youth self-reports and teacher assessments. Multilevel models were used to account for the clustered nature of the interventions. Effects were estimated with the inclusion of baseline covariates.
Results
Across 13 outcomes related to delinquency, substance use, and antisocial behavior at ages 13 and 15 years, only two non-negligible effects were found. The first was a reduced prevalence of police contacts in the PATHS condition [effect size (ES)?=??0.225). The second was a difference in competent conflict resolution skills in the combined PATHS?+?Triple P condition compared to the context (ES?=?0.259), but in the unexpected direction: participants in the combined treatment appeared to be less competent than their control group peers. All other effects were either statistically non-significant or negligible in size (i.e., ES?<?|0.200|).
Conclusions
Even “evidence-based” interventions may have few long-term effects on delinquency, substance use, and antisocial behavior. Our findings add to the small literature on the long-term effectiveness of early universal prevention in field settings.
Eight Y-chromosome STRs were investigated in a male population sample from El Salvador. Complete Y-chromosomal STRs haplotypes were obtained in 121 individuals, among which 107 different haplotypes were observed. The two most common haplotypes were shared by approximately 4% of the sample, while 100 haplotypes were unique. The gene diversity was 0.9883 and the discrimination capacity was 0.8926. The combined Y-chromosome STR polymorphisms provide a powerful discrimination tool for routine forensic applications. 相似文献
The distal relationship between risk factors in childhood and subsequent dating violence in late adolescence has not often been explored using longitudinal data. This study aims to shed light on the problem of dating violence by examining children’s backgrounds at age 7 and the link to the future involvement in dating violence at age 17 using the first and seventh waves of the Zurich Project on the Social Development from Childhood to Adulthood (z-proso, n?=?644). The sample consists of 644 multiethnic adolescents (57.14% female, M?=?17.47, SD?=?0.37), mainly Swiss-born (90%), though more than half of their parents (60%) were born in another country. A latent class analysis was applied to identify three different profiles (a) zero (or minimal) involvement in teen dating violence, (b) perpetrators/victims of controlling behaviors, and (c) perpetrators/victims of controlling behaviors and of physical violence. Participants who were corporally punished and/or victims of bullying at age 7 were significantly more likely to belong to the controlling and physical violence profile than children in the non-violent class. These results suggest a certain chronicity of the effects of violent experiences in early childhood on the patterns of romantic relationships at 17 years old.