Improving civil jury decision-making: Evidentiary and procedural issues

The civil jury has been under attack in recent years for being unreliable and incompetent. Considering the myriad causes for poor civil juror decision-making, the current investigation explores both procedural and evidentiary issues that impact juror's decisions. Specifically, the first phase of this dissertation examines how jurors (mis)use evidence pertaining to the litigants when determining liability and awarding damages. After investigating how jurors utilize evidence, the focus shifts to exploring the utility of procedural reforms designed to improve decision-making (specifically revising the instructions on the laws in the case and bifurcating the damage phases of the trial). Using the results from the first two phases of the research, the final study involves manipulating pieces of evidence related to the litigants while exploring the effects that revising the judicial instructions have on the utilization of evidence in particular and on decision-making in general. ^ This dissertation was run on-line, allowing participants to access the study materials at their convenience. After giving consent, participants read the scenario of a fictitious product liability case with the litigant manipulations incorporated into the summary. Participants answered several attitudinal, case-specific, and comprehension questions, and were instructed to find in favor of one side and award any damages they felt warranted. Exploratory factor analyses, Probit and linear regressions, and path analyses were used to analyze the data (M-plus and SPSS were the software packages used to conduct the analyses). Results indicated that misuse of evidence was fairly frequent, though the mock jurors also utilized evidence appropriately. Although the results did not support bifurcation as a viable procedural reform, revising the judicial instructions did significantly increase comprehension rates. Trends in the data suggested that better decision-making occurred when the revised instructions were used, thus providing empirical support for this procedural reform as a means of improving civil jury decision-making. Implications for actual trials and attorneys are discussed. ^

The High Cost of Hasty Hiring

Carefully reading employment applications and checking out all references and prior-employment records is vital to hotel managers and personnel directors today. Many legal suits are the result of employees who, hired quickly because of an immediate need, commit some crime in relation to guest rooms or property.

Hovenia dulcis (uva-do-japão) no sul do Brasil: invasão, cultura e alteração da paisagem.

Resumo: Em virtude dos impactos ambientais causados, as espécies exóticas invasoras (EEl's) tem se tornado foco de muitos estudos nas Ciências Biológicas. Entretanto, muitas EEl's tem a sua presença não evitada em novos ambientes, pois o homem e, muitas vezes, o principal vetor de dispersão, especial mente de espécies de plantas invasoras. Neste trabalho, e discutida a hipótese de uma forte influencia cultural na introdução/expansão da uva-do-Japão nesta região e o problemático cenário de invasão da espécie no sul do Brasil. Palavras-chave: espécies exóticas invasoras (EEl's); alteração da paisagem; Hovenia dulcis (uva-do-japão); cultura. Abstract: Invasive species (IS) have become focus on many studies in Biological Sciences because of environmental damages. However, the presence of lAS's is not prevented in new areas, because humans are often the main vector of dispersion, especially invasive plant species. In this work, the hypothesis of a strong cultural influence is discussed on the introduction/expansion of Japanese raisin tree in this region and the problematic scenario of invasion in southern Brazil. Keywords: invasive species (IS's); landscape changes; Hovenia dulcis ; (Japanese raisin tree); culture.

Macroinvertebrados aquáticos como bioindicadores no processo de licenciamento ambiental no Brasil

Resumo: Licenciamento ambiental no Brasil é um procedimento com vários níveis e etapas, concebido como ferramenta preventiva aos potenciais danos ambientais causados pela implantação de empreendimentos. Embora este procedimento seja obrigatório desde meados da década de 1980, ainda é limitado no que diz respeito ao uso de informações biológicas para a avaliação e o monitoramento de ambientes aquáticos. Neste processo, o órgão licenciador (federal, estadual ou municipal) define as variáveis a serem medidas, tendo como referência o tipo e a magnitude do empreendimento e as características específicas do local proposto para sua instalação. Respostas biológicas devem ser usadas para medir os impactos sobre ecossistemas aquáticos e os macroinvertebrados constituem um grupo que apresenta vantagens como bioindicadores, sendo os mais utilizados para este fim. Em 2011, o Grupo de Trabalho Intersetorial em Biomonitoramento foi criado para discutir o uso de macroinvertebrados em programas de monitoramento. Este trabalho apresenta as reflexões e propostas deste grupo e fornece subsídios para a inclusão destes organismos nos termos de referência a serem aplicados nos processos de licenciamento ambiental no Brasil. Abstract: In Brazil, the environmental licensing process has many stages, and it was designed as a tool to identify the potential and to prevent environmental damages caused by enterprises. Although this procedure is required since the mid-1980s, it is still limited regarding the use of bioassessment and biomonitoring of aquatic ecosystems. In this process, the agency responsible for the licensing (federal, state or local) is the responsible for defining the parameters to be measured. Those parameters are required based on the type and magnitude of the project, and the specific environment and location proposed for its installation. We recommend that biological responses should be used to assess and monitor stressors on aquatic ecosystems. Macroinvertebrates have been used worldwide as bioindicators because they have some advantages over other biological groups for this purpose. In 2011, the ?Intersectoral Working Group on Biomonitoring? was created to discuss the use of macroinvertebrates in biomonitoring programs. This paper presents proposals and recommendations aiming to stimulate and provide guidance for the use of this group in the context of the environmental licensing process in Brazil. Resumen: En Brasil, el proceso de licenciamiento ambiental tiene varios niveles y etapas. Fue diseñado como una herramienta de prevención de posibles daños ambientales causados por la ejecución de proyectos. Aunque este procedimiento exista desde la década de 1980, siegue con limitaciones en relación al uso de la información biológica para la evaluación y control de los ecosistemas acuáticos. En este proceso, la agencia de licenciamiento (federal, estadual o local) es la que define las variables a mensurar en función del tipo y la magnitud del proyecto y las características específicas del lugar propuesto para su instalación. Las respuestas biológicas deben ser utilizadas para evaluar los impactos a los ambientes acuáticos, y el grupo de los macroinvertebrados tienen ventajas sobre otros grupos biológicos y son los más utilizados para este fin. En 2011, el ?Grupo de Trabajo Intersectorial de Biomonitoreo? fue creado para discutir el uso de los macro-invertebrados en los programas de monitoreo ambiental. Este artículo presenta reflexiones y propuestas de este grupo y ofrece subsidios para la inclusión de estos organismos en los términos de referencia que serán aplicados en el proceso de licenciamiento ambiental en Brasil.

Superfund Reform Act of 1994 : hearings before the Subcommittee on Superfund, Recycling, and Solid Waste Management of the Committee on Environment and Public Works, United States Senate, One Hundred Third Congress, second session, on S. 1834, a bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes, February 10; March 2; and April 12, 1994-< >

Shipping list no.: 94-0216-P.

Environmental conflicts, environmental justice and valuation

In this article some historical and contemporary environmental conflicts are described. The international environmental liability of mining corporations is discussed. Comparisons are made with conflicts in the United States and in South Africa which fall under the rubric of the Environmental Justice movement. Such conflicts are fought out in many languages, and the economic valuation of damages is only one of such languages. Who has the power to impose particular languages of valuation? Who rules over the ways and means of simplifying complexity, deciding that some points of view are out of order? Who has power to determine which is the bottom-line in an environmental discussion?

Testing limited environmental liability against human rights requirements. IES WORKING PAPER 3/2009

Questions regarding oil spills remain high on the political agenda. Legal scholars, legislators as well as the international, European and national Courts struggle to determine key issues, such as who is to be held liable for oil spills, under which conditions and for which damage. The international regime on oil spills was meant to establish an “equilibrium” between the needs of the victims (being compensated for their harm) and the needs of the economic actors (being able to continue their activities). There is, however, a constantly increasing array of legal scholars’ work that criticizes the regime. Indeed, the victims of a recent oil spill, the Erika, have tried to escape the international regime on oil spills and to rely instead on the provisions of national criminal law or EC waste legislation. In parallel, the EC legislator has questioned the sufficiency of the international regime, as it has started preparing legislative acts of its own. One can in fact wonder whether challenging the international liability regime with the European Convention on Human Rights could prove to be a way forward, both for the EC regulators as well as the victims of oil spills. This paper claims that the right to property, as enshrined in Article P1-1 of the Human Rights Convention, could be used to challenge the limited environmental liability provisions of the international frameworks.

CERCLIS (Comprehensive environmental response, compensation, and liability information system) site location extract data element dictionary.

PB90-215120

Genetic and environmental contributions to cannabis dependence in a national young adult twin sample

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.

Genetic and Environmental Influences on Migraine: A Twin Study Across Six Countries

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.

A tutela preventiva da responsabilidade civil

The contemporary society is characterized by high risks. Today, the prevention of damages is as important as compensation. This is due to the fact that the potentiality of several damages is not in line with compensation, because often compensation proves to be impossible. Civil law should be at the service of the citizens, which explains that the heart of the institution of non-contractual liability has gradually moved towards the victim's protection. It is requested from Tort law an active attitude that seeks to avoid damages, reducing its dimension and frequency. The imputation by risk proves to be necessary and useful in the present context as it demonstrates the ability to model behaviors, functioning as a warning for agents engaged in hazardous activities. Economically, it seeks to prevent socially inefficient behaviors. Strict liability assumes notorious importance as a deterrent and in the dispersion of damage by society. The paradigm of the imputation founded on fault has proved insufficient for the effective protection of the interests of the citizens, particularly if based in an anachronistic vision of the concept of fault. Prevention arises in several areas, especially in environmental liability, producer liability and liability based on infringement of copyright and rights relating to the personality. To overcome the damage as the gauge for compensation does not inevitably mean the recognition of the punitive approach. Prevention should not be confused with reactive/punitive objectives. The deterrence of unlawful conduct is not subordinated to punishment.