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Place of injury rule is not always optimal. In this paper, we measure the optimality condition of place of injury rule under strict liability. We develop an extended new model that departs from the efficient condition of choice of law rule by O'Hara & Ribstein2. The first part of our model proposes the optimal amount of precaution in cross-border internet torts under strict liability. The second part of the model indicates the optimality condition of the place of injury rule. Our model shows that the choice of injury rule is not always optimal However, Article 34/II of Turkish Act on Private International and Procedural Law accepts that the choice of injury rule is always optimal so that Article 34/11 is inefficient and wealth destroying. In conclusion, we suggest that Article 34/11 should not be a mandatory rule. It should grant discretion to judges in order to measure the optimality conditions of both place of injury rule and place of conduct rule in each case. Our model will guide judges to measure the optimality conditions of choice of law rules.  相似文献   
2.
A methodology for converting terrorist networks from undirected graphs to simplified directed graphs (or digraphs), and mapping the flow of influence in them, is described. It is based on an “influence assumption”—that important persons with more links influence less important persons with fewer links. This methodology, which was previously used to analyze the structure of influence relationships in Communist-bloc countries and the international system, is illustrated by its application to two terrorist networks constructed after 9/11. In the second more complex network, the hierarchy sheds light on the leadership and likely terrorist cells embedded in the network. Refined data and alternative assumptions about influence could provide additional insights into the structure of terrorist networks.  相似文献   
3.
旨在维护公司利益并为弱小股东提供救济的股东代位诉讼制度已成为我国公司法中的重要制度,其中原告资格的限制问题值得深入研究.我国新<公司法>对此规定较为薄弱.在持股比例方面,应作出更灵活的设计,同时将代位诉讼提起权界定为单独股东权;在持股时间上应当借鉴"当时所有规则"进行完善;还应当在原告公正性方面作出具体规定加以补缺.  相似文献   
4.
We question results claiming to extend non-cooperative models of legislative bargaining to the theoretically general and substantively typical case with an arbitrary number of disciplined parties. We identify problems with both the derivation of formal results and empirical evaluation of these. No empirically robust formateur advantage is observed in field data on bargaining over government formation. Given this theoretical and empirical impasse, we reconsider the substantive premises that should form the foundation for any new attempt to model this fundamental political process, arguing that models should be grounded in binding constitutional constraints on the government formation process in parliamentary democracies.  相似文献   
5.
These experiments were carried out to study, the effects of cold exposure on the permeability of blood-brain barrier (BBB) in hyperglycemic rats. The integrity of the BBB was investigated using Evans blue albumin (EBA) extravasation. Serum glucose levels in hyperglycemic rats were significantly higher than that obtained from normoglycemic rats (P < 0.05). Mean arterial blood pressure in hypothermic groups significantly dropped into lower levels, than that obtained in normothermic groups (P < 0.05). The EBA extravasation to the cerebellum in the group of cold exposure+acute hyperglycemia significantly increased compared with the values obtained from the cold exposure group (P < 0.05). The EBA extravasation to the brain regions of diabetic rats exposed to cold increased more than that in normotermic control rats (P < 0.05), but did not exceed the levels in cold controls. The result of this study suggests that, acute hyperglycemia superimposed upon the permeability of BBB in the rat exposed to cold, only in selected regions of the brain, especially the cerebellum, and this result could be an important factor to explain the mechanisms of death related with hyperglycemia+cold exposure in forensic medicine.  相似文献   
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