As desventuras do duty to mitigate the loss no Brasil : nascimento (e morte) de um brocardo

Primeiramente, o trabalho descreve sinteticamente a tradição common law, inserindo o o duty to mitigate the loss em contexto próprio. Então, traça as linhas gerais que, naquele cenário, conformam o instituto. Atenção é dada aos fundamentos do duty to mitigate the loss e às funções por ele desempenhadas, inclusive nos casos subordinados à United Nations Convention on Contracts for the International Sale of Goods (CISG). No contexto próprio, o duty to mitigate the loss tem por fundamento primeiro a causation e funciona como um limitador do quantum indenizatório; não trata de um “dever”; cabe ao demandante; tem na razoabilidade das medidas mitigadoras e no reembolso das despesas incorridas características essenciais. Em segundo lugar, a dissertação investiga o duty to mitigate the loss no Brasil, a partir da doutrina selecionada e de decisões do Superior Tribunal de Justiça e de diversos tribunais estaduais. As pesquisas demonstram que o duty to mitigate the loss, sob o nome de mitigation doctrine, ingressou no Brasil pela doutrina, mas desta forma repercutiu pouco nos tribunais. Desprovido desta influência doutrinária anterior, o duty to mitigate the loss retornou ao Brasil por meio de enunciado do Conselho da Justiça Federal, proposto em documento cujo conteúdo é objeto de reflexões neste trabalho, notadamente na questão da íntima relação entre o duty to mitigate the loss e a boa-fé objetiva. A partir do leading case no Superior Tribunal de Justiça, que adotou o enunciado e o documento que lhe serviu de proposta, o duty to mitigate the loss expandiu rapidamente no Brasil. Em São Paulo, foi alçado à princípio e brocardo. No Superior Tribunal e Justiça, foi considerado sub-princípio da boa-fé e aplicado em questões adjetivas e substantivas criminais. Comparativamente, o duty to mitigate the loss no Brasil guarda remotas semelhanças ao instituto homônimo da common law. Este trabalho aponta as diferenças entre os intitutos e concluí com a sistematização das funções que o duty to mitigate the loss desempenha no Brasil, formulando proposta para a reedição de enunciado do Conselho da Justiça Federal.

Duty to mitigate in leasehold law

Discusses by reference to case law, including Commonwealth authorities, the rights and duties of landlords where demised premises are abandoned by a tenant who has defaulted on the rent, including the remedies available to the landlord, the limitations on his right to sue for loss of rent due between abandonment and expiration of the term, and the applicability of the contractual doctrine of mitigation of damages in leasehold law. Examines the Court of Appeal decision in Reichman v Beveridge on the duty of mitigate loss in an action merely seeking recovery of rent as it accrues due.

A collaborative filtering approach to mitigate the new user cold start problem.

The new user cold start issue represents a serious problem in recommender systems as it can lead to the loss of new users who decide to stop using the system due to the lack of accuracy in the recommenda- tions received in that first stage in which they have not yet cast a significant number of votes with which to feed the recommender system?s collaborative filtering core. For this reason it is particularly important to design new similarity metrics which provide greater precision in the results offered to users who have cast few votes. This paper presents a new similarity measure perfected using optimization based on neu- ral learning, which exceeds the best results obtained with current metrics. The metric has been tested on the Netflix and Movielens databases, obtaining important improvements in the measures of accuracy, precision and recall when applied to new user cold start situations. The paper includes the mathematical formalization describing how to obtain the main quality measures of a recommender system using leave- one-out cross validation.

Modified sorting technique to mitigate the collateral mortality of trawled school prawns (Metapenaeus macleayi)

The potential for changes to onboard handling practices in order to improve the fate of juvenile school prawns (Metapenaeus macleayi) discarded during trawling were investigated in two Australian rivers (Clarence and Hunter) by comparing a purpose-built, water-filled sorting tray against a conventional dry tray across various conditions, including the range of typical delays before the start of sorting the catch (2 min vs. 15 min). Juvenile school prawns (n= 5760), caught during 32 and 16 deployments in each river, were caged and sacrificed at four times: immediately (T0), and at 24 (T24), 72 (T72), and 120 (T12 0) hours after having been discarded. In both rivers, most mortalities occurred between T0 and T24 and, after adjusting for control deaths (<12%), were greatest for the 15-min conventional treatment (up to 41% at T120). Mixed-effects logistic models revealed that in addition to the sampling time, method of sorting, and delay in sorting, the weight of the catch, salinity, and percentage cloud cover were significant predictors of mortality. Although trawling caused some mortalities and comparable stress (measured as L -lactate) in all school prawns, use of the water tray lessened the negative impacts of some of the above factors across both the 2-min and 15-min delays in sorting so that the overall discard mortality was reduced by more than a third. When used in conjunction with selective trawls, widespread application of the water tray should help to improve the sustainability of trawling for school prawns.

Parental Responsibility and the Duty to Consult - the public's view

This article considers the imposition, by the courts, of a parental duty to consult on matters of importance in a child’s life. The results of a survey of 2,300 respondents, who were asked to respond to a number of scenarios, are analysed and discussed. The survey provides some interesting reflections on the views of the general public as to who should be ‘in control’ over decision making for children.

Genocide and the International Court of Justice: Finally, a Duty to Prevent the Crime of Crimes

The International Court of Justice has issued its long-awaited decision in the suit filed by Bosnia and Herzegovina against Serbia and Montenegro with respect to the 1992–1995 war. The decision confirms the factual and legal determinations of the International Criminal Tribunal for the former Yugoslavia, ruling that genocide was committed during the Srebrenica massacre in July 1995 but that the conflict as a whole was not genocidal in nature. The Court held that Serbia had failed in its duty to prevent genocide in Srebrenica, although—because, the Court said, there was no certainty that it could have succeeded in preventing the genocide—no damages were awarded. The judgment provides a strong and authoritative statement of the general duty upon states to prevent genocide that dovetails well with the doctrine of the responsibility to protect.

Current therapeutic strategies to mitigate the eNOS dysfunction in ischaemic stroke

Impairment of endothelial nitric oxide synthase (eNOS) activity is implicated in the pathogenesis of endothelial dysfunction in many diseases including ischaemic stroke. The modulation of eNOS during and/or following ischaemic injury often represents a futile compensatory mechanism due to a significant decrease in nitric oxide (NO) bioavailability coupled with dramatic increases in the levels of reactive oxygen species that further neutralise NO. However, applications of a number of therapeutic agents alone or in combination have been shown to augment eNOS activity under a variety of pathological conditions by potentiating the expression and/or activity of Akt/eNOS/NO pathway components. The list of these therapeutic agents include NO donors, statins, angiotensin-converting enzyme inhibitors, calcium channel blockers, phosphodiesterase-3 inhibitors, aspirin, dipyridamole and ellagic acid. While most of these compounds exhibit anti-platelet properties and are able to up-regulate eNOS expression in endothelial cells and platelets, others suppress eNOS uncoupling and tetrahydrobiopterin (an eNOS stabiliser) oxidation. As the number of therapeutic molecules that modulate the expression and activity of eNOS increases, further detailed research is required to reveal their mode of action in preventing and/or reversing the endothelial dysfunction.

Threatened Caribbean coral is able to mitigate the adverse effects of ocean acidification on calcification by increasing feeding rate

Global climate change threatens coral growth and reef ecosystem health via ocean warming and ocean acidification (OA). Whereas the negative impacts of these stressors are increasingly well-documented, studies identifying pathways to resilience are still poorly understood. Heterotrophy has been shown to help corals experiencing decreases in growth due to either thermal or OA stress; however, the mechanism by which it mitigates these decreases remains unclear. This study tested the ability of coral heterotrophy to mitigate reductions in growth due to climate change stress in the critically endangered Caribbean coral Acropora cervicornis via changes in feeding rate and lipid content. Corals were either fed or unfed and exposed to elevated temperature (30°C), enriched pCO2 (800 ppm), or both (30°C/800 ppm) as compared to a control (26°C/390 ppm) for 8 weeks. Feeding rate and lipid content both increased in corals experiencing OA vs. present-day conditions, and were significantly correlated. Fed corals were able to maintain ambient growth rates at both elevated temperature and elevated CO2, while unfed corals experienced significant decreases in growth with respect to fed conspecifics. Our results show for the first time that a threatened coral species can buffer OA-reduced calcification by increasing feeding rates and lipid content.

Developing strategies to mitigate the energy consumed by network infrastructures

The energy consumption by ICT (Information and Communication Technology) equipment is rapidly increasing which causes a significant economic and environmental problem. At present, the network infrastructure is becoming a large portion of the energy footprint in ICT. Thus the concept of energy efficient or green networking has been introduced. Now one of the main concerns of network industry is to minimize energy consumption of network infrastructure because of the potential economic benefits, ethical responsibility, and its environmental impact. In this paper, the energy management strategies to reduce the energy consumed by network switches in LAN (Local Area Network) have been developed. According to the lifecycle assessment of network switches, during usage phase, the highest amount of energy consumed. The study considers bandwidth, link load and traffic matrixes as input parameters which have the highest contribution in energy footprint of network switches during usage phase and energy consumption as output. Then with the objective of reducing energy usage of network infrastructure, the feasibility of putting Ethernet switches hibernate or sleep mode was investigated. After that, the network topology was reorganized using clustering method based on the spectral approach for putting network switches to hibernate or switched off mode considering the time and communications among them. Experimental results show the interest of this approach in terms of energy consumption

Occurrence and abundance models of threatened plant species: Applications to mitigate the impact of hydroelectric power dams

Species occurrence and abundance models are important tools that can be used in biodiversity conservation, and can be applied to predict or plan actions needed to mitigate the environmental impacts of hydropower dams. In this study our objectives were: (i) to model the occurrence and abundance of threatened plant species, (ii) to verify the relationship between predicted occurrence and true abundance, and (iii) to assess whether models based on abundance are more effective in predicting species occurrence than those based on presence–absence data. Individual representatives of nine species were counted within 388 randomly georeferenced plots (10 m × 50 m) around the Barra Grande hydropower dam reservoir in southern Brazil. We modelled their relationship with 15 environmental variables using both occurrence (Generalised Linear Models) and abundance data (Hurdle and Zero-Inflated models). Overall, occurrence models were more accurate than abundance models. For all species, observed abundance was significantly, although not strongly, correlated with the probability of occurrence. This correlation lost significance when zero-abundance (absence) sites were excluded from analysis, but only when this entailed a substantial drop in sample size. The same occurred when analysing relationships between abundance and probability of occurrence from previously published studies on a range of different species, suggesting that future studies could potentially use probability of occurrence as an approximate indicator of abundance when the latter is not possible to obtain. This possibility might, however, depend on life history traits of the species in question, with some traits favouring a relationship between occurrence and abundance. Reconstructing species abundance patterns from occurrence could be an important tool for conservation planning and the management of threatened species, allowing scientists to indicate the best areas for collection and reintroduction of plant germplasm or choose conservation areas most likely to maintain viable populations.

A new sward management strategy to mitigate the methane (CH4) emissions by grazing ruminants.

2016