Arbitration of claims for compensation for losses and damages resulting from lawful impediments to the recovery of pre-war debts. Mixed commission under article VI of the treaty between Great Britain and the United States of November 19, 1794.

Added t.-p.: Moore, J. B. International adjudications, ancient and modern ... Modern series. vol. III.

Claims for non-contractual services

The paper argued that the basis of non-contractual claims was reliance rather than unjust enrichment, criticising the unjust enrichment explanation as being premised on a number of unnecessary legal fictions which also undermine the more general coherence of unjust enrichment.

A reliable and robust algorithm to identify episodes of hospitalizations using RAMQ medical services claims : methodology issues & data validation

Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal.

A reliable and robust algorithm to identify episodes of hospitalizations using RAMQ medical services claims : methodology issues & data validation

Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal.

Fuelling traffic : abolitionist claims of a causal nexus between legalised prostitution and trafficking

Over the last decade, researchers and legislators have struggled to get an accurate picture of the scale and nature of the problem of human trafficking. In the absence of reliable data, some anti-prostitution activists have asserted that a causal relationship exists between legalised prostitution and human trafficking. They claim that systems of legalised or decriminalised prostitution lead to increases in trafficking into the sex industry. This paper critically analyses attempts to substantiate this claim during the development of anti-trafficking policy in Australia and the United States. These attempts are explored within the context of persistent challenges in measuring the scale and nature of human trafficking. The efforts of abolitionist campaigners to use statistical evidence and logical argumentation are analysed, with a specific focus on the characterisation of demand for sexual services and systems of legalised prostitution as ‘pull’ factors fuelling an increase in sex trafficking. The extent to which policymakers sought to introduce evidence-based policy is also explored.

Compensation for lost services of an employee : pure economic loss and per quod action

Under the common law an employer may take action against a defendant for the loss of an employee’s services due to the act of the defendant (per quod servitium amisit - by reason of which the services were lost). The High Court has recently affirmed the existence of this ancient tort in Barclay v Penberthy [2012] HCA 40.

Wrongful birth : assessment of damages in 2013

More than 10 years have passed since the High Court of Australia confirmed the recoverability of damages for the cost of raising a child, in the well-known decision in Cattanach v Melchior. Yet a number of aspects of the assessment of such “wrongful birth” damages had not been the subject of a comprehensive court ruling. The recent decision in Waller v James was widely anticipated as potentially providing a comprehensive discussion of the principles relevant to the assessment of damages in wrongful birth cases. However, given a finding on causation adverse to the plaintiffs, the trial judge held that it was unnecessary to determine the quantum of damages. Justice Hislop did, however, make some comments in relation to the assessment of damages. This article focuses mostly on the argued damages issues relating to the costs of raising the child and the trial judge’s comments regarding the same. The Waller v James claim was issued before the enactment of the Health Care Liability Act 2001 (NSW) and the Civil Liability Act 2002 (NSW). Although the case was therefore decided according to the “common law”, as explained below, his Honour’s comments may be of relevance to more recent claims governed by the civil liability legislation in New South Wales, Queensland and South Australia.

The utility of survey and administrative data to generate information for research and outcomes-based oral health services development

The aim of this research, which focused on the Irish adult population, was to generate information for policymakers by applying statistical analyses and current technologies to oral health administrative and survey databases. Objectives included identifying socio-demographic influences on oral health and utilisation of dental services, comparing epidemiologically-estimated dental treatment need with treatment provided, and investigating the potential of a dental administrative database to provide information on utilisation of services and the volume and types of treatment provided over time. Information was extracted from the claims databases for the Dental Treatment Benefit Scheme (DTBS) for employed adults and the Dental Treatment Services Scheme (DTSS) for less-well-off adults, the National Surveys of Adult Oral Health, and the 2007 Survey of Lifestyle Attitudes and Nutrition in Ireland. Factors associated with utilisation and retention of natural teeth were analysed using count data models and logistic regression. The chi-square test and the student’s t-test were used to compare epidemiologically-estimated need in a representative sample of adults with treatment provided. Differences were found in dental care utilisation and tooth retention by Socio-Economic Status. An analysis of the five-year utilisation behaviour of a 2003 cohort of DTBS dental attendees revealed that age and being female were positively associated with visiting annually and number of treatments. Number of adults using the DTBS increased, and mean number of treatments per patient decreased, between 1997 and 2008. As a percentage of overall treatments, restorations, dentures, and extractions decreased, while prophylaxis increased. Differences were found between epidemiologically-estimated treatment need and treatment provided for those using the DTBS and DTSS. This research confirms the utility of survey and administrative data to generate knowledge for policymakers. Public administrative databases have not been designed for research purposes, but they have the potential to provide a wealth of knowledge on treatments provided and utilisation patterns.

Reconsidering Resource Rights: The Case for a Basic Right to the Benefits of Life-Sustaining Ecosystem Services

In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. Hence, the paper will start with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right.

Biblioteca para a realização de security token services

A família de especificações WS-* define um modelo de segurança para web services, baseado nos conceitos de claim, security token e Security Token Service (STS). Neste modelo, a informação de segurança dos originadores de mensagens (identidade, privilégios, etc.) é representada através de conjuntos de claims, contidos dentro de security tokens. A emissão e obtenção destes security tokens, por parte dos originadores de mensagens, são realizadas através de protocolos legados ou através de serviços especiais, designados de Security Token Services, usando as operações e os protocolos definidos na especificação WS-Trust. O conceito de Security Token Service não é usado apenas no contexto dos web services. Propostas como o modelo dos Information Cards, aplicável no contexto de aplicações web, também utilizam este conceito. Os Security Token Services desempenham vários papéis, dependendo da informação presente no token emitido. São exemplos o papel de Identity Provider, quando os tokens emitidos contêm informação de identidade, ou o papel de Policy Decision Point, quando os tokens emitidos definem autorizações. Este documento descreve o projecto duma biblioteca software para a realização de Security Token Services, tal como definidos na norma WS-Trust, destinada à plataforma .NET 3.5. Propõem-se uma arquitectura flexível e extensível, de forma a suportar novas versões das normas e as diversas variantes que os Security Token Services possuem, nomeadamente: o tipo dos security token emitidos e das claims neles contidas, a inferência das claims e os métodos de autenticação das entidades requerentes. Apresentam-se aspectos de implementação desta arquitectura, nomeadamente a integração com a plataforma WCF, a sua extensibilidade e o suporte a modelos e sistemas externos à norma. Finalmente, descrevem-se as plataformas de teste implementadas para a validação da biblioteca realizada e os módulos de extensão da biblioteca para: suporte do modelo associado aos Information Cards, do modelo OpenID e para a integração com o Authorization Manager.

Massachusetts Militia Claims

Full Title: Massachusetts militia claims : letter from the Secretary of War, transmitting, in pursuance of a resolution of the House of Representatives of the 15th Dec., 1826, a report upon the subject of the claims of the State of Massachusetts for certain services rendered during the late war 20th Congress, 2nd session. House Doc. no.3. Caption title. May 10, 1828 - Read, and laid upon the table. December 5, 1828- Printed by order of the House of Representatives.

Setilement of motor accidents claims with special reference to Kerala

The accident toll on our road traffic is staggering. Obviously this appalling toll of life and.health represents heavy economic loss in addition to human tragedy. the enormous increase in the number of motor vehicles with its rash, negligent and reckless use by unscrupulous, inexperienced and dangerous drivers in the most miserably managed roads coupled with concomitant hazards would draw our attention that Accident Prevention, and Accident compensation are thoroughly two compatiable aims. Proposed solutions to the traffic Problems abound. Preventive efforts concentrated on each of the variables the driver, the road and the vehicle are all being initiated. Still it is a Will the .Motor Vehicles are not considered as dangerous machines. Motoring activity is found useful.A competent and specially trained police force has to be created to deal with the traffic offences in a more scientific ways.The term ‘legal representative needs to be defined on the constructive aspects of relation and dependence.Services of legal aid and public counsels shall necessarily be extended to the poor Motor Accident victims.Timely reporting and timely investigation of Motor Accidents cases will reduce the number of fraudulent claims. There are instances where cases are taken in to investigation after several months of occurrence.It is hoped that the suggestions made above as a result of the present study, if pwgninto practice, may make a humble contribution to the prevention sssof motor accidents and to a faster and speedier settlement of motor accident compensation claims.

God, gratuitous evil, and van Inwagen's attempt to reconcile the two

Both critics and advocates of evidential arguments from evil often assume that theistic belief is not compatible with gratuitous evil. It is often assumed, in other words, that an omniscient, omnipotent, perfectly good being would not permit an evil unless he had a morally sufcient reason to permit it. However, this cornerstone of evidential arguments from evil has come under increasing re of late, in particular by Peter van Inwagen. The aim of this paper is to outline and then assess van Inwagen's attempt to reconcile theism with gratuitous evil.

Supply sensitive services in Swiss ambulatory care: an analysis of basic health insurance records for 2003-2007

Swiss ambulatory care is characterized by independent, and primarily practice-based, physicians, receiving fee for service reimbursement. This study analyses supply sensitive services using ambulatory care claims data from mandatory health insurance. A first research question was aimed at the hypothesis that physicians with large patient lists decrease their intensity of services and bill less per patient to health insurance, and vice versa: physicians with smaller patient lists compensate for the lack of patients with additional visits and services. A second research question relates to the fact that several cantons are allowing physicians to directly dispense drugs to patients ('self-dispensation') whereas other cantons restrict such direct sales to emergencies only. This second question was based on the assumption that patterns of rescheduling patients for consultations may differ across channels of dispensing prescription drugs and therefore the hypothesis of different consultation costs in this context was investigated.

Landscape mosaics maps as a basis for spatial assessment and negotiation of ecosystem services and their trade-offs at the meso-scale: Examples from Laos, Madagascar and China

Mapping ecosystem services (ES) and their trade-offs is a key requirement for informed decision making for land use planning and management of natural resources that aim to move towards increasing the sustainability of landscapes. The negotiations of the purposes of landscapes and the services they should provide are difficult as there is an increasing number of stakeholders active at different levels with a variety of interests present on one particular landscape.Traditionally, land cover data is at the basis for mapping and spatial monitoring of ecosystem services. In light of complex landscapes it is however questionable whether land cover per se and as a spatial base unit is suitable for monitoring and management at the meso-scale. Often the characteristics of a landscape are defined by prevalence, composition and specific spatial and temporal patterns of different land cover types. The spatial delineation of shifting cultivation agriculture represents a prominent example of a land use system with its different land use intensities that requires alternative methodologies that go beyond the common remote sensing approaches of pixel-based land cover analysis due to the spatial and temporal dynamics of rotating cultivated and fallow fields.Against this background we advocate that adopting a landscape perspective to spatial planning and decision making offers new space for negotiation and collaboration, taking into account the needs of local resource users, and of the global community. For this purpose we introduce landscape mosaicsdefined as new spatial unit describing generalized land use types. Landscape mosaics have allowed us to chart different land use systems and land use intensities and permitted us to delineate changes in these land use systems based on changes of external claims on these landscapes. The underlying idea behindthe landscape mosaics is to use land cover data typically derived from remote sensing data and to analyse and classify spatial patterns of this land cover data using a moving window approach. We developed the landscape mosaics approach in tropical, forest dominated landscapesparticularly shifting cultivation areas and present examples ofour work from northern Laos, eastern Madagascarand Yunnan Province in China.