972 resultados para Default penalties


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The aim of this study is to investigate the contrast in the timing of acquisition of grammatical gender attested in Dutch and Greek child learners. Greek children show precocious acquisition of neuter gender in particular, while Dutch children experience a long delay in the acquisition of neuter nouns, which extends to school age. For both Dutch and Greek, neuter has been claimed to be the default gender value on grounds of syntactic distribution in contexts where gender agreement is inert. To reconcile the contrast between the learner and the language facts in Dutch, as well as the contrast in the timing between Greek and Dutch monolingual child learners, we consider two sets of criteria to define the notion of default: one set pertains to the notion of linguistic default and the other to the notion of learner default. We suggest that, whereas Greek neuter is both the linguistic and the learner default value, Dutch neuter is the linguistic but not the learner default, leading to a learnability problem.

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In this paper, we present a new reformulation of the KKT system associated to a variational inequality as a semismooth equation. The reformulation is derived from the concept of differentiable exact penalties for nonlinear programming. The best theoretical results are presented for nonlinear complementarity problems, where simple, verifiable, conditions ensure that the penalty is exact. We close the paper with some preliminary computational tests on the use of a semismooth Newton method to solve the equation derived from the new reformulation. We also compare its performance with the Newton method applied to classical reformulations based on the Fischer-Burmeister function and on the minimum. The new reformulation combines the best features of the classical ones, being as easy to solve as the reformulation that uses the Fischer-Burmeister function while requiring as few Newton steps as the one that is based on the minimum.

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The argument in favour of a widespread fixed penalty regime - adopting a primary rationale for punishment would facilitate a more coherent and exacting approach to sentencing - the central objections against fixed penalties are that they are too severe and lead to unfairness because they are unable to incorporate all the relevant sentencing variables - by adopting a utilitarian ethic as the primary rationale for punishment, these problems can be circumvented - no utilitarian justification for disproportionate punishment, and penalties should not exceed the seriousness of the offence - no foundation for most sentencing considerations - by disregarding irrelevant considerations, the remaining can be incorporated into a fixed penalty system - the way would then be open for a coherent sentencing law system in which criminal justice is governed by pre-determined rules and principles as opposed to the intuition of sentencers.

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Following the introduction of criminal sanction, including jail terms, for hard core cartelisation in the United Kingdom, the Dawson Review has recently recommended that criminal penalties be introduced in Australia for individuals and corporations found to have engaged in hard core cartels. A number of reasons have been advanced to justify the introduction of criminal sanctions for this type of conduct, the most common of which are that it would bring Australia in line with other competition regimes and that criminal sanctions are more likely to provide an effective deterrent. This article evaluates those reasons, and others, to determine whether there is any adequate justification for the proposed criminal regime.

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In 2003 the Dawson Committee, commissioned by the Government, recommended that criminal penalties should be introduced for cartel conduct. The Government accepted this recommendation in principle and set up a working party to consider the implementation difficulties that had been identified in the Dawson Report. Nothing further was heard from the Government until February 2005 when the Government announced that it would introduce criminal penalties for serious cartel conduct. This paper evaluates the Government proposals and makes suggestions for their implementation.

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In this article the writer argues that recent civil penalty cases demonstrate that a hybrid third way is evolving where the procedure shares some of the features of criminal and civil proceedings. The writer notes the recommendation of the Australian Law Reform Commission that Federal Parliament enact a Regulatory Contraventions Statute of general application and argues that such a statute might assist to provide greater consistency and clarity. The writer notes the debate about whether the courts’ approach is in line with legislative intention, but argues that where there are substantive law protections such as the privilege against a penalty, Parliament must do more than merely refer to the “rules of evidence and procedure for civil matters” and must expressly abrogate these protections if they are not to be available to defendants in such hearings.

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This article studies a large class of averaging aggregation functions based on minimizing a distance from the vector of inputs, or equivalently, minimizing a penalty imposed for deviations of individual inputs from the aggregated value. We provide a systematization of various types of penalty based aggregation functions, and show how many special cases arise as the result. We show how new aggregation functions can be constructed either analytically or numerically and provide many examples. We establish connection with the maximum likelihood principle, and present tools for averaging experimental noisy data with distinct noise distributions.

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This paper seeks to examine the impact of ownership structure on firm performance and the default risk of a sample of publicly listed firms.