888 resultados para LIABILITY
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Objective: Using longitudinal and prospective measures of trauma during childhood, the authors assessed the risk of developing psychotic symptoms associated with maltreatment, bullying, and accidents in a nationally representative U. K. cohort of young twins. Method: Data were from the Environmental Risk Longitudinal Twin Study, which follows 2,232 twin children and their families. Mothers were interviewed during home visits when children were ages 5, 7, 10, and 12 on whether the children had experienced maltreatment by an adult, bullying by peers, or involvement in an accident. At age 12, children were asked about bullying experiences and psychotic symptoms. Children`s reports of psychotic symptoms were verified by clinicians. Results: Children who experienced maltreatment by an adult (relative risk=3.16, 95% CI=1.92-5.19) or bullying by peers (relative risk=2.47, 95% CI=1.74-3.52) were more likely to report psychotic symptoms at age 12 than were children who did not experience such traumatic events. The higher risk for psychotic symptoms was observed whether these events occurred early in life or later in childhood. The risk associated with childhood trauma remained significant in analyses controlling for children`s gender, socioeconomic deprivation, and IQ; for children`s early symptoms of internalizing or externalizing problems; and for children`s genetic liability to developing psychosis. In contrast, the risk associated with accidents was small (relative risk=1.47, 95% CI=1.02-2.13) and inconsistent across ages. Conclusions: Trauma characterized by intention to harm is associated with children`s reports of psychotic symptoms. Clinicians working with children who report early symptoms of psychosis should inquire about traumatic events such as maltreatment and bullying.
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Emotional liability and mood dysregulation characterize bipolar disorder (BID), yet no study has examined effective connectivity between parahippocampal gyrus and prefrontal cortical regions in ventromedial and dorsal/lateral neural systems subserving mood regulation in BD. Participants comprised 46 individuals (age range: 18-56 years): 21 with a DSM-IV diagnosis of BID, type I currently remitted; and 25 age- and gender-matched healthy controls (HC). Participants performed an event-related functional magnetic resonance imaging paradigm, viewing mild and intense happy and neutral faces. We employed dynamic causal modeling (I)CM) to identify significant alterations in effective connectivity between BD and HC. Bayes model selection was used to determine the best model. The right parahippocampal gyrus (PHG) and right subgenual cingulate gyrus (sgCG) were included as representative regions of the ventromedial neural system. The right dorsolateral prefrontal cortex (DLPFC) region was included as representative of the dorsal/lateral neural system. Right PHG-sgCG effective connectivity was significantly greater in BD than HC, reflecting more rapid, forward PHG-sgCG signaling in BD than HC. There was no between-group difference in sgCG-DLPFC effective connectivity. In BD, abnormally increased right PHG-sgCG effective connectivity and reduced right PHG activity to emotional stimuli suggest a dysfunctional ventromedial neural system implicated in early stimulus appraisal, encoding and automatic regulation of emotion that may represent a pathophysiological functional neural mechanism for mood dysregulation in BD. (C) 2009 Elsevier Ireland Ltd. All rights reserved.
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There is little doubt that marine turtles are a flagship species for wildlife tourism. In some cases, this has turned out to be liability for sea turtle conservation, but in other cases, where for example turtle-based ecotourism has been developed, it has made a positive contribution to turtle conservation. Examples of both cases are given. Particular attention is given to the development of turtle-based ecotourism at Mon Repos Beach near Bundaberg, Australia. This development is set in its historical context and its contribution to conservation is discussed. Headstart projects for sea turtles in Sri Lanka are a tourist attraction. While they are promoted as having positive conservation consequences and a survey indicates that visitors are on the whole convinced of this, their effects on turtle conservation is uncertain. The farming of sea turtles provides a basis for tourism and can contribute to turtle conservation in ways outlined. It is argued that insufficient attention has been given to legends, culture and history associated with sea turtles in the promotion of turtle-based tourism. This is supported by Australian evidence. Insufficient use has been made of the connections of indigenous Australians with sea turtles in turtle-based tourism. Beneficial scope exist for developing connections between man and turtles further than at present in promoting turtle-based tourism. This could add further to the role of turtle-based tourism in promoting turtle conservation.
Genetic and environmental contributions to cannabis dependence in a national young adult twin sample
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Background. This paper examines genetic and environmental contributions to risk of cannabis dependence. Method. Symptoms of cannabis dependence and measures of social, family and individual risk factors were assessed in a sample of 6265 young adult male and female Australian twins born 1964-1971. Results. Symptoms of cannabis dependence were common: 11(.)0% of sample (15(.)1% of men and 7(.)8% of women) reported two or more symptoms of dependence. Correlates of cannabis dependence included educational attainment, exposure to parental conflict, sexual abuse, major depression, social anxiety and childhood conduct disorder. However, even after control for the effects of these factors, there was evidence of significant genetic effects on risk of cannabis dependence. Standard genetic modelling indicated that 44(.)7% (95% CI = 15-72(.)2) of the variance in liability to cannabis dependence could be accounted for by genetic factors, 20(.)1% (95 CI = 0-43(.)6) could be attributed to shared environment factors and 35(.)3% (95% CI = 26(.)4-45(.)7) could be attributed to non-shared environmental factors. However, while there was no evidence of significant gender differences in the magnitude of genetic and environmental influences, a model which assumed both genetic and shared environmental influences on risks of cannabis dependence among men and shared environmental but no genetic influences among women provided an equally good fit to the data. Conclusions. There was consistent evidence that genetic risk factors are important determinants of risk of cannabis dependence among men. However, it remains uncertain whether there are genetic influences on liability to cannabis dependence among women.
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Development of a self-report measure of stress specific to HIV/AIDS is needed to advance our understanding of the role of stress in adaptation to HIV/AIDS: hence, the aim of this study was the development of the HIV/AIDS Stress Scale. A total of 132 homosexual/bisexual men with HIV/AIDS v ere interviewed and completed the HIV/AIDS Stress Scale and measures of coping strategies, appraisal, social support and adjustment (global distress, depression, social adjustment, number of HIV symptoms, and subjective health status) at three time points. Thirty-nine primary caregivers were interviewed and completed measures of stress and adjustment. Exploratory factor analyses of the HIV/AIDS Stress Scale items revealed three factors: Social, Instrumental and Emotional/Existential Stress. Factors had adequate internal reliabilities and were stable over 12 months. Construct validation data are consistent with recent stress/coping research that links higher levels of stress with more HIV symptoms. reliance on emotion-focused coping, lower social support, poorer levels of adjustment and higher levels of caregiver stress. Results extend this research by revealing new differential relations between various stress dimensions and stress/coping variables. Convergent validation data suggest that the HIV/AIDS Stress Scale shares conceptual similarity with threat appraisal. and differs from control liability and challenge appraisals. The HIV/AIDS Stress Scale shows potential for the elucidation of the role of stress in coping and adaptation to HIV/AIDS and disease progression in both research and clinical applications.
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Significance of the decision in McCabe v British American Tobacco Australia Services Ltd - ramifications for the possibilities for success of future litigation of this nature in Australia and overseas - ethical and public policy issues regarding the duties of lawyers to the courts and to their clients - whilst a lawyer's implication in the destruction of documents to prevent a fair trial ultimately involves stricter duties, it exposes a need for vigilance against the possibilities for corporations to act outside the public interest, if not the justice system.
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The decision in Ali v Hartley Poynton Limited has significant implications for the stockbroking industry and investment advisors - likely to encourage brokers to adopt a more cautious understanding of their obligations to clients - illustrates the ability and willingness of small investors to challenge the quality of service being provided by their stockbroker.
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Objective: To assess understanding of, and actual and potential roles in management of attention-deficit/hyperactivity disorder (ADHD) among GPs. Methods: A cross-sectional questionnaire survey of Queensland GPs selected randomly from the Royal Australian College of General Practitioners directory of members was carried out. Main outcome measures were knowledge levels of ADHD, current management practices, referral patterns and self-perceived information and training needs. Results: Three hundred and ninety-nine GPs returned a completed questionnaire (response rate 76%). Roles identified by GPs were: the provisional diagnosis of ADHD and referral to specialist services for confirmation of the diagnosis and initiation of management; assistance with monitoring progress once a management plan was in place; education of the child and their family regarding the disorder; and liaison with the school where necessary. Perceived barriers to increased involvement of GPs were: time and resource constraints of general practice; concerns regarding abuse and addiction liability of prescription stimulants; complex diagnostic issues associated with childhood behavioural problems; and lack of training and education regarding ADHD. Conclusions: General practitioners identify a role for themselves in ADHD care that is largely supportive in nature and involves close liaison with specialist services.
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Migraine is a common neurovascular brain disorder that is manifested in recurrent episodes of disabling headache. The aim of the present study was to compare the prevalence and heritability of migraine across six of the countries that participate in GenomEutwin project including a total number of 29,717 twin pairs. Migraine was assessed by questionnaires that differed between most countries. It was most prevalent in Danish and Dutch females (32% and 34%, respectively), whereas the lowest prevalence was found in the younger and older Finnish cohorts (13% and 10%, respectively). The estimated genetic variance (heritability) was significant and the same between sexes in all countries. Heritability ranged from 34% to 57%, with lowest estimates in Australia, and highest estimates in the older cohort of Finland, the Netherlands, and Denmark. There was some indication that part of the genetic variance was non-additive, but this was significant in Sweden only. In addition to genetic factors, environmental effects that are non-shared between members of a twin pair contributed to the liability of migraine. After migraine definitions are homogenized among the participating countries, the GenomEUtwin project will provide a powerful resource to identify the genes involved in migraine.
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The Commonwealth Government's Principles Based Review of the Law of Negligence recently recommended reforms aimed at limiting liability and damages arising from personal injury and death, in response to the growing perception that the current system of compensating personal injury had become financially unsustainable. Recent increases in medical liability and damages have eroded the confidence of doctors and their professional bodies, with fears of unprecedented desertion from and reduced recruitment into high risk areas, and one of the primary foci of the review concerned medical negligence. The article analyses proposals to redefine the principles necessary for the finding of negligence, against the terms of reference of the review. The article assumes that for the foreseeable future, Australia will persist with tort-based compensation for personal injury rather than developing a no-fault scheme. If the suggested changes to the fundamental principles of negligence are unlikely to reduce medical liability, greater attention might be given to the processes which come into play after the finding of negligence, where reform is more likely to benefit both plaintiffs and defendants.
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The article is intended to debate two questions regarding the involvement of the Commission in the Troika's action: firstly, considering the nature of financial assistance programs, it aims to discuss the effect of the Commission's participation in Troika negotiations on the balance of power of the EU institutions; and secondly, the article raises the issue of the Commission's liability for the results achieved by the financial assistance program, taking into account the extent of the conditions imposed, as well as the intensity of scrutiny by the Troika.
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Resumo: 1- Introdução: algumas notícias da comunicação social; 2 – O designado «Conselho de Prevenção de Corrupção»; 3 – Procuradoria-Geral da República (P.G.R.) e o Departamento Central de Investigação e Acção Penal (D.I.A.P.); 4 – Alguns sítios com relevo; 5 – Alguns dos problemas que podem ser colocados em relação à Responsabilidade das Empresas pelo Crime de Corrupção; 5.1 – Âmbito dos problemas a serem falados; 6 – Qual a noção de «empresas que vamos utilizar»?; 6.1 – A noção de «empresa» em sentido geral objectivo e penal; 7 – Mas que tipo de crimes de corrupção vamos falar?; 8 – O art. 11º do Código Penal e os crimes de corrupção no contexto do ordenamento jurídico português; 8.1 – No contexto do art. 11º do Código Penal, o que significa «em nome da pessoa colectiva»?; 8.2 – No contexto do art. 11º do Código Penal, o que significa «no interesse da pessoa colectiva»?; 8.2.1 – No contexto do art. 11º do Código Penal, o que significa «quando não há interesse colectivo»?; 9 – E haverá diferenças, por exemplo, entre o modo de funcionamento técnico-jurídico do art. 11º do Código Penal e o art. 3º do Regime das Infracções Anti-Económicas e Contra a Saúde Pública (R.I.A.E.C.S.P.)?; 10 – E como é que a Jurisprudência portuguesa, a que tivemos acesso - dado não haver ainda fartura de decisões neste campo -, estabelece o nexo de imputação de responsabilidade penal a uma pessoa colectiva e/ou organização?; 10.1 – Uma primeira pré-conclusão dentro do objectivo que pretendemos demonstrar na totalidade deste trabalho; 11 – Uma segunda pré-conclusão: será que as diferenças acima assinaladas, por exemplo, entre o modo de funcionamento técnico-jurídico do art. 11º do Código Penal e o art. 3º do Regime das Infracções Anti-Económicas e Contra a Saúde Pública (R.I.A.E.C.S.P.), são as únicas? Veja-se o caso, v.g., do art. 7º do Regime Geral das Infracções Tributárias (R.G.I.T.); 12 – Em face das duas pré-conclusões anteriores, faça-se aqui, neste breve ensaio, uma primeira grande conclusão; 13 – Uma (primeira) hipótese de solução; 14 – Que tipo de «empresa» podemos enquadrar no art. 11º do Código Penal?; 14.1 – De acordo com o referido anteriormente, podemos dizer que todas as «empresas» podem praticar os crimes previstos e punidos no Código Penal português?; 14.2 – De acordo com o referido antes, quais são as «empresas» que não podem praticar os crimes de corrupção que estão previstos e punidos no Código Penal português?; 14.3 – Uma outra pré-conclusão: 14.4 – Um esboço de um dos possíveis problemas; 14.4.1 – Mas, afinal, o que são Entidades Públicas Empresariais (E.P.E.)?; 14.5 – Outra hipótese de esboço de um outro dos possíveis problemas que aqui podemos encontrar; 14.6 – Nova pré-conclusão; 14.7 – Uma outra importante pergunta a fazer e a responder desde já; 14.7.1 - Alarguemos, pois, um pouco a nossa investigação para além do Código Penal português; 14.7.2 – O problema da responsabilidade penal das organizações e/ou «pessoas colectivas», rectius, neste breve ensaio, empresas, pela prática de crimes de corrupção previstos e punidos na mencionada Lei n.º 20/2008, de 21 de Abril («Responsabilidade penal por crimes de corrupção no comércio internacional e na actividade privada»); 14.7.3 – Mais algumas pré-conclusões; 15 - Em face das duas pré-conclusões anteriores, faça-se aqui, neste breve ensaio, uma segunda grande conclusão; 16 - O que também apresenta outras implicações como por exemplo na aplicação do crime de «branqueamento» quando nos fala em «corrupção» como «crime primário»; 17 – Outras interrogações; 18 – Conclusão final, mas não última, como nenhuma o pode ser em ciência; 19 – Hipótese de solução. § Abstract: 1 - Introduction: some news media; 2 - The so-called "Council for the Prevention of Corruption”, 3 – “Attorney General's Office” (PGR) and the Central Bureau of Investigation and Penal Action (DIAP) 4 - Some sites with relief , 5 - Some of the problems that can be placed in relation to the Corporate Responsibility of the Crime of Corruption; 5.1 - Scope of issues to be spoken, 6 - What is the concept of "companies that we will use"?; 6.1 - The term “business” in a general purpose and criminal matters; 7 - What kind of crimes of corruption we talking about?; 8 - Art. 11 of the Penal Code and the crimes of corruption in the context of the Portuguese legal system; 8.1 - In the context of art. 11 of the Penal Code, which means "in the name of the legal person"?; 8.2 - In the context of art. 11 of the Penal Code, which means “in the interests of the legal person"?; 8.2.1 - In the context of art. 11 of the Penal Code, which means "where there is no collective interest"?; 9 - There will be differences, for example, between the operating mode of the Art. 11 of the Criminal Code and Art. 3 of the Legal Infractions Anti-Economic and Against Public Health (RIAECSP)?; 10 - And how does the case law of Portugal, we had access - as there still plenty of decisions in this field - makes a connection of allocating criminal liability to a legal person and / or organization?; 10.1 - A first pre-completion within the objective that we intend to demonstrate in all of this work; 11 - A second pre-conclusion: that the differences will be noted above, for example, between operating mode of the Art. 11 of the Criminal Code and Art. 3 of the Rules of the Offences Against Anti-Economics and Public Health (RIAECSP) are the only ones? Take the case v.g. of art. 7 of the Legal Framework of Tax Offences (RGIT) 12 - In view of the two pre-earlier conclusions, do it here, in this brief essay, a first major conclusion; 13 - A (first) chance for a solution, 14 - What kind “undertaking” we can frame the art. 11 of the Penal Code?; 14.1 - According to the above, we can say that all "companies" can practice the crimes defined and punished in the Portuguese Penal Code?; 14.2 - According to the mentioned before, what are the "business" who cannot practice corruption crimes that are planned and punished the Portuguese Penal Code?; 14.3 - Another pre-completion: 14.4 - A sketch of one of the possible problems; 14.4.1 - But after all the entities that are Public Enterprise (EPE)?; 14.5 - Another chance to draft another one of the possible problems that can be found here; 14.6 - New pre-completion; 14.7 - Another important question to ask and answer now; 14.7.1 - Let us expand, then, a little beyond our investigation of the Portuguese Penal Code; 14.7.2 - The problem of criminal liability of organizations and / or "legal persons", rectius, this brief essay, companies, for crimes of corruption provided for and punished mentioned in Law No. 20/2008 of 21 April ("Criminal liability for crimes of corruption in international trade and private activities"); 14.7.3 - Some more pre-conclusions; 15 - In view of the two pre-earlier conclusions, let it be here in this brief essay, a second major conclusion, 16 - Who also has other implications such as the application of the crime of "money laundering" when we talk about “corruption” as “primary crime”, 17 - Other questions; 18 - Bottom line, but not last, as the can be no science; 19 - Hypothesis solution. Abstract como no livro.
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Resumo: O direito constitucional português ao trabalho: introdução § Algumas ideias sobre o assédio moral ou psicológico: as principais vítimas, as diferenças do bullying (e/ou intimidação ou tiranizar), os fundamentos, o seu estudo § O contexto do ordenamento jurídico português: algumas consequências do assédio moral § O direito geral à personalidade § A distinção entre o assédio moral e outras figuras § O assédio sexual faz parte do assédio moral em sentido amplo § Dentro do problema do “assédio moral”, da “liberdade moral” e, nomeadamente, dos crimes contra a liberdade sexual e autodeterminação sexual, algumas notas, de Direito penal, sobre a “coação sexual”: responsabilidade penal § O assédio moral no ordenamento jurídico português e, designadamente, no contexto do Direito do trabalho § O assédio moral como doença profissional, a hipótese de ocorrer suicídio e a eventual responsabilidade civil § Conclusão § “Ideia final” § Abstract: The Portuguese constitucional law to the work (labour): introduction § Some ideas on the moral or psychological siege (general mobbing): the main victims, the differences of bullying (and/or intimidation or “the labour tyrant”), the beddings, its study § The context of the Portuguese legal system § The context of the Portuguese legal system: some effects of the moral siege (general mobbing) § The general right to the personality § The distinction between the moral siege (general mobbing) and other figures § The sexual siege (sexual harassement or sexual mobbing) is part of the moral siege(general mobbing) in ample direction § Inside of the problem of the “moral siege” (general mobbing), “moral freedom” e, nominated, of the crimes against the sexual freedom and sexual self-determination, some notes, of Criminal law, on the “sexual coercion”: criminal liability § The moral siege (general mobbing) in Portuguese legal system and, appointedly, in the context of the Law of the work (labour law) § The moral siege (general mobbing) as ocupational disease, the hypothesis to occur suicide and the eventual civil liability § Conclusion § “Final Idea”
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1 – Importância e actualidade do instituto. 2 – Noção de contrato. Sua disciplina no Código Civil. 3 – Relações contratuais de facto. 4 – Princípios fundamentais do regime dos contratos. 5 – Princípio da liberdade contratual. 6 – Princípio do consensualismo. 7 – Princípio da boa fé. A responsabilidade pré-contratual. 8 – Princípio da força vinculativa. 9 – Contratos unilaterais ou não sinalagmáticos e bilaterais ou sinalagmáticos. Contratos gratuitos e onerosos. Contratos cumulativos e aleatórios. 10 – Contratos mistos. União de contratos ou coligação de contratos. 11 – Contrato-promessa. 12 – Pacto de preferência. 13 - Alguns problemas e “contratos em especial”, a título enunciativo, relacionados com as actividades de Gestão, Banca e Seguros: “aspectos contratuais” de direito civil e de direito comercial. § 1 - Importance and actuality of the institute. 2 - Contract notion. Its disciplines in the portuguese Civil Code. 3 – Contractual relations of fact. 4 - Basic principles of the regimen of contracts. 5 - Principle of the contractual freedom. 6 - Principle of “consensualism”. 7 - Principle of the "good faith". The pre-contractual liability. 8 - Principle of the obligatory force (binding). 9 - Unilateral or not bilateral contracts. Free and onerous contracts. Cumulative and random contracts.
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Bem, recordamos que, salvaguardando a presunção de inocência em relação a eventuais crimes como a fraude fiscal qualificada e/ou o branqueamento de capitais, entre outras especiarias, o art. 11º do Código Penal é claro (apesar da controversa constitucionalidade): “8 - A cisão e a fusão não determinam a extinção da responsabilidade criminal da pessoa colectiva ou entidade equiparada, respondendo pela prática do crime: § a) A pessoa colectiva ou entidade equiparada em que a fusão se tiver efectivado; e § b) As pessoas colectivas ou entidades equiparadas que resultaram da cisão; Abstract: Well, remember that, safeguarding the presumption of innocence in relation to possible crimes such as qualified tax fraud and / or money laundering, among other spices, art. 11 of the Criminal Code is clear (despite the controversial constitutionality): "8 - The split and the merger does not determine the extinction of criminal liability of the legal person or related entity, accounting for the crime: § a) The legal person or related entity where the merger has effected; and § b) A legal entity or related entities resulting from the split.