900 resultados para international perspective


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[EN]In this paper a system for face recognition from a tabula rasa (i.e. blank slate) perspective is described. A priori, the system has the only ability to detect automatically faces and represent them in a space of reduced dimension. Later, the system is exposed to over 400 different identities, observing its recognition performance evolution. The preliminary results achieved indicate on the one side that the system is able to reject most of unknown individuals after an initialization stage.

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Life is full of uncertainties. Legal rules should have a clear intention, motivation and purpose in order to diminish daily uncertainties. However, practice shows that their consequences are complex and hard to predict. For instance, tort law has the general objectives of deterring future negligent behavior and compensating the victims of someone else's negligence. Achieving these goals are particularly difficult in medical malpractice cases. To start with, when patients search for medical care they are typically sick in the first place. In case harm materializes during the treatment, it might be very hard to assess if it was due to substandard medical care or to the patient's poor health conditions. Moreover, the practice of medicine has a positive externality on the society, meaning that the design of legal rules is crucial: for instance, it should not result in physicians avoiding practicing their activity just because they are afraid of being sued even when they acted according to the standard level of care. The empirical literature on medical malpractice has been developing substantially in the past two decades, with the American case being the most studied one. Evidence from civil law tradition countries is more difficult to find. The aim of this thesis is to contribute to the empirical literature on medical malpractice, using two civil law countries as a case-study: Spain and Italy. The goal of this thesis is to investigate, in the first place, some of the consequences of having two separate sub-systems (administrative and civil) coexisting within the same legal system, which is common in civil law tradition countries with a public national health system (such as Spain, France and Portugal). When this holds, different procedures might apply depending on the type of hospital where the injury took place (essentially whether it is a public hospital or a private hospital). Therefore, a patient injured in a public hospital should file a claim in administrative courts while a patient suffering an identical medical accident should file a claim in civil courts. A natural question that the reader might pose is why should both administrative and civil courts decide medical malpractice cases? Moreover, can this specialization of courts influence how judges decide medical malpractice cases? In the past few years, there was a general concern with patient safety, which is currently on the agenda of several national governments. Some initiatives have been taken at the international level, with the aim of preventing harm to patients during treatment and care. A negligently injured patient might present a claim against the health care provider with the aim of being compensated for the economic loss and for pain and suffering. In several European countries, health care is mainly provided by a public national health system, which means that if a patient harmed in a public hospital succeeds in a claim against the hospital, public expenditures increase because the State takes part in the litigation process. This poses a problem in a context of increasing national health expenditures and public debt. In Italy, with the aim of increasing patient safety, some regions implemented a monitoring system on medical malpractice claims. However, if properly implemented, this reform shall also allow for a reduction in medical malpractice insurance costs. This thesis is organized as follows. Chapter 1 provides a review of the empirical literature on medical malpractice, where studies on outcomes and merit of claims, costs and defensive medicine are presented. Chapter 2 presents an empirical analysis of medical malpractice claims arriving to the Spanish Supreme Court. The focus is on reversal rates for civil and administrative decisions. Administrative decisions appealed by the plaintiff have the highest reversal rates. The results show a bias in lower administrative courts, which tend to focus on the State side. We provide a detailed explanation for these results, which can rely on the organization of administrative judges career. Chapter 3 assesses predictors of compensation in medical malpractice cases appealed to the Spanish Supreme Court and investigates the amount of damages attributed to patients. The results show horizontal equity between administrative and civil decisions (controlling for observable case characteristics) and vertical inequity (patients suffering more severe injuries tend to receive higher payouts). In order to execute these analyses, a database of medical malpractice decisions appealed to the Administrative and Civil Chambers of the Spanish Supreme Court from 2006 until 2009 (designated by the Spanish Supreme Court Medical Malpractice Dataset (SSCMMD)) has been created. A description of how the SSCMMD was built and of the Spanish legal system is presented as well. Chapter 4 includes an empirical investigation of the effect of a monitoring system for medical malpractice claims on insurance premiums. In Italy, some regions adopted this policy in different years, while others did not. The study uses data on insurance premiums from Italian public hospitals for the years 2001-2008. This is a significant difference as most of the studies use the insurance company as unit of analysis. Although insurance premiums have risen from 2001 to 2008, the increase was lower for regions adopting a monitoring system for medical claims. Possible implications of this system are also provided. Finally, Chapter 5 discusses the main findings, describes possible future research and concludes.

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Die Phylogenie der Westpaläarktischen Langohren (Mammalia, Chiroptera, Plecotus) – eine molekulare Analyse Die Langohren stellen eine Fledermausgattung dar, die fast alle westpaläarktischen Habitate bist zum Polarkreis hin besiedeln und in vielerlei Hinsicht rätselhaft sind. In der Vergangenheit wurden zahlreiche Formen und Varietäten beschrieben. Trotzdem galt für lange Zeit, dass nur zwei Arten in Europa anerkannt wurden. Weitere Arten waren aus Nordafrika, den Kanaren und Asien bekannt, aber auch deren Artstatus wurde vielfach in Frage gestellt. In der vorliegenden Dissertation habe ich mittels molekularer Daten,der partiellen Sequenzierung mitochondrialer Gene (16S rRNA und ND1), sowie der mitochondrialen Kontrollregion, eine molekular Analyse der phylogenetischen Verwandtschaftsverhältnisse innerhalb und zwischen den Linien der westpaläarktischen Langohren durchgeführt. Die besten Substitutionsmodelle wurden berechnet und phylogenetische Bäume mit Hilfe vier verschiedener Methoden konstruiert: dem neighbor joining Verfahren (NJ), dem maximum likelihood Verfahren (ML), dem maximum parsimony Verfahren (MP) und dem Bayesian Verfahren. Sechs Linien der Langohren sind genetisch auf einem Artniveau differenziert: Plecotus auritus, P. austriacus, P. balensis, P. christii, P. sardus, und P. macrobullaris. Im Falle der Arten P. teneriffae, P. kolombatovici und P. begognae ist die alleinige Interpretation der genetischen Daten einzelner mitochondrialer Gene für eine Festlegung des taxonomischen Ranges nicht ausreichend. Ich beschreibe in dieser Dissertation drei neue Taxa: Plecotus sardus, P. kolombatovici gaisleri (=Plecotus teneriffae gaisleri, Benda et al. 2004) and P. macrobullaris alpinus [=Plecotus alpinus, Kiefer & Veith 2002). Morphologische Kennzeichen, insbesondere für die Erkennung im Feld, werden hier dargestellt. Drei der sieben Arten sind polytypisch: P. auritus (eine west- und ein osteuropäische Linie, eine sardische Linie und eine aktuell entdeckte kaukasische Linie, Plecotus kolombatovici (P. k. kolombatovici, P. k. gaisleri und P. k. ssp.) und P. macrobullaris (P. m. macrobullaris und P. m. alpinus). Die Verbreitungsgebiete der meisten Arten werden in dieser Arbeit erstmals ausschließlich anhand genetisch zugeordneter Tiere dargestellt.Die Untersuchung der ökologischen Einnischung der nun anerkannten Formen, insbesondere in Gebieten sympatrischer Verbreitung, bietet ein spannendes und lohnendes Feld für zukünftige Forschungen. Nicht zuletzt muss sich die Entdeckung eines beachtlichen Anteils kryptischer Diversität innerhalb der westpaläarktischen Langohren auch bei der Entwicklung spezieller Artenschutzkonzepte widerspiegeln.

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Self-monitoring of blood glucose (SMBG) in type 2 diabetes has increasingly been shown to display beneficial effects on glycemic control. SMBG is not only associated with a reduction of hemoglobin A1c but has also been demonstrated to increase patients' awareness of the disease. SMBG has also the potential to visualize and predict hypoglycemic episodes. International guidelines by the International Diabetes Federation, the European Society of Cardiology, and the European Association for the Study of Diabetes and also the International Society for Pediatric and Adolescent Diabetes emphasize that SMBG is an integral part of self-management. More recently, two European consensus documents have been published to give recommendations for frequency and timing of SMBG also for various clinical scenarios. Recently, a European expert panel was held to further facilitate and enhance standardized approaches to SMBG. The aim was to present simple, clinically meaningful, and standardized SMBG strategies for type 2 diabetes. The panel recommended a less intensive and an intensive scheme for SMBG across the type 2 diabetes continuum. The length and frequency of SMBG performance depend on the clinical circumstances and the quality of glycemic control. The expert panel also recommended further evaluation of various schemes for SMBG in type 2 diabetes in clinical studies.

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This was an interdisciplinary cross-cultural project which subjected Czech citizens to theoretical analysis and empirical examination. In the first, theoretical, part of the work a typology of post-totalitarian citizenship was proposed containing five types of citizens: responsible democratic, social materialistic, passive asocial, hedonistic consuming, and predatory antisocial. While democratic citizenship stems from preserved civic virtues, the deficient types of citizenship are partially caused by the post-totalitarian syndrome. In the concrete empirical studies of the international context the most significant aspects of citizenship were examined. Czech citizens (students) displayed an encouraging level of political civic culture when they loaded more often than six other national samples on the factor of democratic citizenship (based on a questionnaire and Q-sort by Feierabend, Q-factor analysis), but their level of loyalty and low critical rebelliousness can also be seen as reason for concern. The Czech population provided contrasting results in measures of civility; although chronically complaining about interpersonal relations, they passed relatively well in a series of situational field experiments even in the international comparison (Levine's helping measures. Czech nationalism is primarily "cultural nationalism", which is less favourable for democratic citizenship than the "civic nationalism" of Americans.

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There is a plethora of criminological explanations why criminal violence increased during the three decades between the early 1960s and the early 1990s. This paper argues that most available interpretations are lacking in three respects: they lack a historical perspective that anchors the three critical decades in a wider understanding of long-term trends; they take the nation-state as their unit of analysis and disregard important commonalities across the Western world; and they pay insufficient attention to different trends in broad categories of physical violence.This paper therefore takes a macro-level and long-term perspective on violent crime, focussing on European homicide during the past 160 years. It demonstrates that the period of increase was preceded by a long-term decline and convergence of homicide rates from the 1840s to the 1950s. Also, it shows that both the decline and the increase primarily resulted from temporal variation in the likelihood of physical aggression between men in public space. It argues that explanations of these common trends need to take into account broad long-term cultural change common to Western societies. In particular, the paper suggests that shifts in culturally transmitted and institutionally embedded ideals of the conduct of life may provide an explanation for long-term change in levels of interpersonal violence.

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The three-step test is central to the regulation of copyright limitations at the international level. Delineating the room for exemptions with abstract criteria, the three-step test is by far the most important and comprehensive basis for the introduction of national use privileges. It is an essential, flexible element in the international limitation infrastructure that allows national law makers to satisfy domestic social, cultural, and economic needs. Given the universal field of application that follows from the test’s open-ended wording, the provision creates much more breathing space than the more specific exceptions recognized in international copyright law. EC copyright legislation, however, fails to take advantage of the flexibility inherent in the three-step test. Instead of using the international provision as a means to open up the closed EC catalogue of permissible exceptions, offer sufficient breathing space for social, cultural, and economic needs, and enable EC copyright law to keep pace with the rapid development of the Internet, the Copyright Directive 2001/29/EC encourages the application of the three-step test to further restrict statutory exceptions that are often defined narrowly in national legislation anyway. In the current online environment, however, enhanced flexibility in the field of copyright limitations is indispensable. From a social and cultural perspective, the web 2.0 promotes and enhances freedom of expression and information with its advanced search engine services, interactive platforms, and various forms of user-generated content. From an economic perspective, it creates a parallel universe of traditional content providers relying on copyright protection, and emerging Internet industries whose further development depends on robust copyright limita- tions. In particular, the newcomers in the online market – social networking sites, video forums, and virtual worlds – promise a remarkable potential for economic growth that has already attracted the attention of the OECD. Against this background, the time is ripe to debate the introduction of an EC fair use doctrine on the basis of the three-step test. Otherwise, EC copyright law is likely to frustrate important opportunities for cultural, social, and economic development. To lay groundwork for the debate, the differences between the continental European and the Anglo-American approach to copyright limitations (section 1), and the specific merits of these two distinct approaches (section 2), will be discussed first. An analysis of current problems that have arisen under the present dysfunctional EC system (section 3) will then serve as a starting point for proposing an EC fair use doctrine based on the three-step test (section 4). Drawing conclusions, the international dimension of this fair use proposal will be considered (section 5).

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This Article is a comprehension of the lecture held at at the International Conference on “Commons, Users, Service Providers – Internet (Self-) Regulation and Copyright” which took place in Hannover, Germany, on 17/18 March 2010 on the occasion of the launch of JIPITEC. It summarizes the current issues concerning ISP liability in the Chzech Republic.