Rule of law e qualidade legislativa : evidências do Supremo Tribunal Federal / Leon Victor de Queiroz Barbosa, Ernani Carvalho, José Mário Wanderley Gomes Neto. --

Inclui notas explicativas, bibliográficas e bibliografia.

A resource range invariance rule for optimal offspring size predicts patterns of variability in parental phenotypes

Previous analysis of the rules regarding how much more a female should invest in a litter of size C rather than producing a litter with one more offspring revealed an invariance relationship between litter size and the range of resources per offspring in any litter size. The rule is that the range of resources per offspring should be inversely proportional to litter size. Here we present a modification of this rule that relates litter size to the total resources devoted to reproduction at that litter size. The result is that the range of resources devoted to reproduction should be the same for all litter sizes. When parental phenotypes covary linearly with resources devoted to reproduction, then those traits should also show equal ranges within each litter size category (except for litters of one). We tested this prediction by examining the range in body size (=total length) of female mosquito fish (Gambusia hubbsi) at different litter sizes. Because resources devoted to reproduction may take many forms (e.g., nest defense), this prediction may have broad applicability.

On a psychophysical transformed-rule up and down method converging on a 75% level of correct responses

Tranformed-rule up and down psychophysical methods have gained great popularity, mainly because they combine criterion-free responses with an adaptive procedure allowing rapid determination of an average stimulus threshold at various criterion levels of correct responses. The statistical theory underlying the methods now in routine use is based on sets of consecutive responses with assumed constant probabilities of occurrence. The response rules requiring consecutive responses prevent the possibility of using the most desirable response criterion, that of 75% correct responses. The earliest transformed-rule up and down method, whose rules included nonconsecutive responses, did not contain this limitation but failed to become generally accepted, lacking a published theoretical foundation. Such a foundation is provided in this article and is validated empirically with the help of experiments on human subjects and a computer simulation. In addition to allowing the criterion of 75% correct responses, the method is more efficient than the methods excluding nonconsecutive responses in their rules.

The N-end rule: functions, mysteries, uses.

The N-end rule relates the in vivo half-life of a protein to the identity of its N-terminal residue. Similar but distinct versions of the N-end rule operate in all organisms examined, from mammals to fungi and bacteria. In eukaryotes, the N-end rule pathway is a part of the ubiquitin system. I discuss the mechanisms and functions of this pathway, and consider its applications.

Adherence to the first-AUG rule when a second AUG codon follows closely upon the first.

The rule that eukaryotic ribosomes initiate translation exclusively at the 5' proximal AUG codon is abrogated under rare conditions. One circumstance that has been suggested to allow dual initiation is close apposition of a second AUG codon. A possible mechanism might be that the scanning 40S ribosomal subunit flutters back and forth instead of stopping cleanly at the first AUG. This hypothesis seems to be ruled out by evidence presented herein that in certain mRNAs, the first of two close AUG codons is recognized uniquely. To achieve this, the 5' proximal AUG has to be provided with the full consensus sequence; even small departures allow a second nearby AUG codon to be reached by leaky scanning. This context-dependent leaky scanning unexpectedly fails when the second AUG codon is moved some distance from the first. A likely explanation, based on analyzing the accessibility of a far-downstream AUG codon under conditions of initiation versus elongation, is that 80S elongating ribosomes advancing from the 5' proximal start site can mask potential downstream start sites.

A responsabilidade civil dos administradores de companhias abertas: artigo 159, § 6°, LSA e a Business Judgment Rule

O estudo da responsabilidade civil dos administradores de companhias abertas na doutrina nacional trata usualmente dos deveres fiduciários, do ato regular de gestão e da teoria ultra vires, da culpa ou dolo do administrador, das ações ut universi e ut singuli e da solidariedade entre a responsabilidade do administrador e a da companhia. Poucos abordam as causas extintivas dessa responsabilidade, e raro são os que tratam da hipótese de exclusão de responsabilidade do artigo 159, § 6º, da Lei nº 6.404/76. Como a disciplina dos deveres fiduciários prevista na lei societária brasileira tem forte influência do Direito norte-americano, buscou-se na legislação, doutrina e jurisprudência daquele país os fundamentos necessários à melhor interpretação e aplicação da regra de exclusão e, em especial, na business judgment rule, doutrina que protege os administradores contra responsabilização por prejuízos à companhia decorrentes de decisões por eles adotadas, proteção esta também conferida pela hipótese do artigo 159, § 6º, da Lei nº 6.404/76, ao administrador leal e de boa-fé.

Comment Letter on Rule 14a-8(I)(10), Securities & Exchange Commission, June 18, 2015

This letter focuses on SEC interpretations of Rule 14a-8(i)(10). The provision allows issuers to exclude shareholder proposals that have been “substantially implemented.” This has traditionally been used to allow for the exclusion of proposals rendered “moot” by the company’s actions. Companies, however, need not implement the shareholder proposal “exactly.” As a result, the staff is often asked to determine whether changes made by the company are substantial. The comment letter discusses positions taken by the staff where the company adopts a proposal asking that shareholders with a specified percentage of shares have the right to call a special meeting but limits eligible shares to those held for a specified period of time.

Comment on Rule 14a-8(i)(9), Securities and Exchange Commission, June 30, 2015

The Securities and Exchange Commission has been analyzing its interpretation under Subsection (i)(9) of Rule 14a-8. This provision allows for the exclusion of shareholder proposals that conflict with those submitted by management. The staff has been examining its interpretation since instructed to do so by the chair of the SEC following a no action appeal in a case involving Whole Foods. A number of letters and memos submitted in connection with the review have analyzed the issue. At least one asserted that any change in interpretation required the Commission to go through the process of notice and comment. This letter asserts that notice and comment is not required, relying extensively on Perez v. Mortgage Bankers Association.

The minimal overlap rule: restrictions on mergers for creditors’ consensus

As it is known, there is no rule satisfying additivity in the complete domain of bankruptcy problems. This paper proposes a notion of partial additivity in this context, to be called μ-additivity. We find out that this property, together with two quite compelling axioms, equal treatment of equals and continuity, identify the minimal overlap rule, introduced by O’Neill (Math. Soc. Sci. 2:345–371, 1982).

Rule, 1830 March 31

One-leaf containing handwritten instructions about drafting a paper.

Rule of selection of delinquents, 1801 April 8

Four-page handwritten draft of a public statement to the students from the Harvard Faculty related to the amendment of College Law XVIII, Chapter IV concerning the suppression of concealed disorders. The document appears to be in the hand of President Joseph Willard.

Rule of three : manuscript, 1774

An arithmetic copybook, with accounting problems concerning commercial transactions. There is a reference to the Boston Tea Party in problem no. 68.

The European Union’s Rule of Law Promotion in its Neighbourhood: A Structural Foreign Policy Analysis. EU Diplomacy Paper 04/2013

The promotion of the rule of law has become an important dimension of the European Union’s relations towards its neighbourhood. The rule of law is, however, a complex and multifaceted notion and the EU’s rule of law promotion policy has often been criticised for being either inefficient or self-interested. This collection of short papers offers an analysis of various case studies using the analytical framework of structural foreign policy (SFP) developed by Stephan Keukeleire. It aims to promote an original analytical perspective on the EU’s foreign policy but also to critically test and further develop the SFP analytical framework. The contributions of this collection consist of the shortened version of students’ Master’s theses written at the College of Europe during the academic year 2011-2012 in the framework of the course “The EU as a Foreign Policy Actor” taught by Stephan Keukeleire, Chairholder of the TOTAL Chair of EU Foreign Policy in the Department of EU International Relations and Diplomacy Studies.

Rule of law or rule of thumb? A new Copenhagen mechanism for the EU. CEPS Policy Brief No. 303, 20 November 2013

This Policy Brief synthesises the main research findings and policy recommendations presented in the CEPS e-book entitled The Triangular Relationship between Fundamental Rights, Democracy and Rule of Law: Towards an EU Copenhagen Mechanism” (http://www.ceps.eu/book/triangular-relationship-between-fundamental-righ...). The authors examine the ways in which the European Union could strengthen and develop its competences in the assessment of member states’ fundamental rights, democracy and rule of law commitments. They argue that a strong political impetus is needed at Union level in order to set up a new supervisory “Copenhagen Mechanism” that would effectively and periodically evaluate member states’ compliance with democratic rule of law with fundamental rights on the basis of independent academic expertise, and by ensuring a high level of democratic accountability and judicial oversight at European levels. The Policy Brief also aims at summarising CEPS’ contribution to the upcoming Conference “Assises de la Justice: Shaping Justice Policies in Europe for the Years to Come” organised by the European Commission in Brussels on 21-22 November 2013.