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151.
In this paper we consider the role that litigation and case selection play in the process of legal change. After identifying two necessary conditions for litigation, we examine the effect of judicial path dependence on the consolidation of liability rules and legal remedies, paying special attention to litigation with different win–loss ratios. We study the consequence of private litigation decisions on the contraction or consolidation of legal rules under various litigation and judicial environments. We also consider the relevance of the win–loss ratios, the existence and nature of positive litigation costs, and the weight of past precedents on the ongoing process of legal evolution.JEL K0, K40, K13, K41  相似文献   
152.
Reports of self-enucleation are frequent in medical literature, but cases of enucleation towards another are rare. We report the case of a man, 20 years of age, who suffered from psychosis with hydrocephalus and aqueductal stenosis that required a forensic psychiatric investigation to ascertain whether he was of unsound mind when he assaulted and enucleated the right eye of an officer and led to the surgical enucleation of the victim's left eye. Based on his clinical interviews and hospitalization record, we conclude that at the time of the assault, he was suffering from a delusional disorder with religious and demonic content, visual and auditory hallucinations, illusion phenomena, delusional interpretations, imaginative elements, a feeling of terror, and command hallucinations that compelled him to perform the act of aggression.  相似文献   
153.
Legislative and political bodies seldom work like markets. This paper revisits the politics-like-market analogies considering the role of logrolling in political representation. These considerations will hopefully facilitate the assessment of the normative implications of the commodification of political consensus. While certainly corroding some of the aspirational and expressive qualities of the political system, logrolling would ensure a greater opportunity for cardinal preferences to be captured in political decision-making.  相似文献   
154.
The passage of electric current through the human body causes variable harm, ranging from loss of consciousness to death caused by paralysis of the bulbar nerve centers. This report describes a fatal case caused by an illegal fishing practice involving stunning fish with electric shocks produced by an electric generator carried through the water inside the carcass of an old refrigerator to keep it afloat. This occurrence is unusual because of the circumstances giving rise to the use of electric current and the cause of death, which resulted from the combination of the electric current produced by the generator and the saltwater, bringing about death by drowning.  相似文献   
155.
Cell line DNA typing in forensic genetics--the necessity of reliable standards   总被引:15,自引:0,他引:15  
The incorporation of reference DNA is crucial to the validation of any DNA typing protocol. This paper aims to provide a panel of reference DNAs for actual forensic profiling strategies, i.e. autosomal and gonosomal STR typing as well as mtDNA sequencing. We have characterised three human lymphoid cell lines, GM9947, GM9948 and GM3657, and considered 58 autosomal and gonosomal microsatellites as well as the mitochondrial control region sequence. Well-established markers and STRs recently developed for forensic use were involved. K562 DNA samples which we purchased from two different suppliers were also analysed. They revealed conflicting results with regard to the ChrX STR marker genotype. Hence, we suggest that K562 is no longer used for the calibration of profiling techniques. Our investigation establishes a panel of one female and two male DNA samples as an STR allelic ladder calibration tool and offers information on six alleles of each autosome (AS) marker, three alleles of each X chromosome (ChrX) marker and two alleles of each ChrY marker. In addition, sequences of the mitochondrial control region of the three DNAs are communicated in order to provide sequencing quality control.  相似文献   
156.
This article reports recent research undertaken on the contribution of program evaluation to that part of the budget process for which the Australian public service has carriage. It examines the degree of success which the Labor government's evaluation strategy attained in serving budget agency information purposes. The research is not conclusive, only indicative. Based on two sets of evidence — interviews with officers in the Department of Finance1 and an analysis of survey results on the use of evaluation in the budget — it contends the evaluation strategy has had only a marginal impact on central budgetary processes. By documenting changes in the approaches of budget officials the article reports the impact of program evaluation on the core function of Finance — the provision of policy advice relating to the expenditure priorities of government.  相似文献   
157.
We analyse the efficiency effects in combination with some accepted fairness criteria for the voting games in the European Council of Ministers (ECM) under the qualified majority voting (QMV), before and after the Nice new scheme, in comparison with hypothetical simple majority voting rules (SMV), by jointly examining voting weights and voting powers. The differences between the voting weights and the voting powers increase considering the attitude of the Governments of the Member States of the ECM, to form voting-blocs'—historically that among France, Germany and Belgium and, more recently, the bloc between the United Kingdom and Spain. Their voting powers by blocking proposals result in stalemates and weak compromise with likely benefits for existing well organised interest groups. Unexpectedly, the enlargement of EU from 12 to 15 States, with the diminution of the voting weights of the member countries has not reduced the decisional deficit of QMV, basically because the incentive toward blocs' formation has been reinforced. And, while the power of getting a proposal approved has diminished, the veto-power has remained very high. The effects of the new dual QMV rule, based on a new distribution of votes and correcting the unbalance against the big countries with their demographic weights, for the enlargement to 27 States, seems to go in the same direction. The adoption of a dual SMV, would solve the problems of decision efficiency, with a fairness constraint to protect the major countries. To make this voting rule acceptable one might adopt the Buchanan and Tullock (1962) distinction between constitutional principles to whom the unanimity or QMV might be reserved and post constitutional rules suitable to SMV. Clubs of enhanced co-operation among countries with more homogeneous preferences could also ease the application of SMV.  相似文献   
158.
Misdiagnosis of child abuse and neglect can delay early treatment. Some authors have pointed out that nurses can miss child abuse and neglect diagnoses due to a lack of knowledge. It is unclear whether the lack of knowledge is due to students' insufficient preparation in nursing school and/or a deficiency in continuing education. An 18-item questionnaire was administered to final-year nursing students to assess their degree of knowledge on child abuse and neglect and to evaluate if the lack of knowledge was due to insufficient teaching/training during nursing school. The students were also asked to evaluate themselves by assigning a score to their knowledge. A statistical comparison was performed to define whether sufficient/insufficient results were associated with the following variables: sex, pediatric or general nursing student, attending pediatric lectures, training in pediatric wards/ambulatories, and attending specific lectures on child abuse and neglect. The study population comprised 175 students (154 females, 20 males, 1 unknown). Exactly 66.3% of the participants had ≤9/18 correct answers. Of all students, 77.7% self-evaluated their level of knowledge as ≤5/10. The comparisons yielded statistically significant differences between the groups with sufficient objective knowledge and those unrelated to training in pediatric wards/ambulatories or pediatric nursing students. Overall, there was little objective knowledge on the subject, which may be related to insufficient teaching/training in nursing schools. Useful corrective strategies include further teaching on child abuse and neglect, preferably using a practical approach. Further, common teaching/training programs should be conducted by both pediatric and general nursing schools.  相似文献   
159.
The impact of environmental regulation on the competitiveness of firms and industries remains a hot topic. Since the formulation of the Porter hypothesis, scholars from different research areas have tried to confirm or deny it. However, despite a vast literature engaging this debate, it remains unclear whether and under what conditions the hypothesis could be considered valid. We believe that this is due to the need to consider some additional factors. The aim of this review is to propose additional and significant themes, namely value appropriation and pollution intensity, to be considered when examining the impact of environmental regulation on the innovation and profitability of firms. Results show that the validity of the Porter hypothesis cannot be proved in any condition, but at the same time, there are additional factors that have a relevant influence on that construct, which can lead to a validation or rejection of the hypothesis.  相似文献   
160.
The survival of the Moroccan monarchy amidst the wave of protests that characterised the Arab uprisings did not come as a surprise to observers of the Kingdom. Despite the size of the protests in February 2011, demonstrators never demanded the fall of the monarchy and the king was never in danger of being dethroned. Once the King reclaimed political leadership through the launch of a constitutional reform, the protest movement faded and whatever challenge to the pre-eminence of the monarchy might have existed ended quickly. A number of explanations have been advanced for the survival of authoritarianism in Morocco, but they generally rehash conventional wisdoms about Moroccan politics that might no longer be as valid as they were in past. Less obvious factors, ranging from repressive practices to ‘de-politicisation through technocracy’ and from the complex impact of neo-liberal economics on social relations to divisions within the opposition, contributed to the survival of the monarchy.  相似文献   
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