Competência do CADE na disciplina antitruste das operações envolvendo fundos de private equity

Este trabalho tem por objeto a análise dos critérios de submissão de atos de concentração envolvendo fundos de investimento para apreciação pelo Conselho Administrativo de Defesa Econômica (CADE), com enfoque nos fundos de private equity. Nos últimos anos os fundos de investimento têm adquirido crescente importância na economia brasileira em setores estratégicos. No entanto, o tratamento pela autoridade antitruste brasileira das operações destes veículos se revela instável resultando em certa insegurança sobre quais devem ser submetidas ao controle de concentrações. Assim, este trabalho propõe uma forma de se acessarem essas operações que ao mesmo tempo atenda aos objetivos visados com o controle das estruturas no Direito Concorrencial brasileiro e não crie obstáculos à atuação destes importantes veículos para a economia moderna. Para tanto, buscou-se respaldo na experiência de países onde a tradição antitruste e o fenômeno analisado são muito mais antigos do que no Brasil. No entanto, uma vez que nem mesmo nestes países a questão está livre de revisões periódicas e alguma controvérsia, este trabalho não tem como pretensão apresentar uma solução definitva para o problema. O primeiro capítulo expõe o objeto de estudo, seu funcionamento e sua importância para a economia. No segundo capítulo são abordados os objetivos do controle de estruturas no Brasil, os critérios de conhecimento de operações pela autoridade concorrencial brasileira e a sua interpretação pelo CADE, notadamente no que toca aos fundos de investimento. No terceiro capítulo são abordadas as ligações estruturais entre concorrentes mais relevantes do ponto de vista concorrencial quando se trata de aquisições perpetradas por fundos de investimento: participações minoritárias e interlocking directorates.

Private (Brown) Eyes: Ethnicity, Genre and Gender in Crime Fiction in the Gloria Damasco novels and the Chicanos Comic Series

The representation of women in crime fiction has traditionally been a complicated one. Consistently forced into secondary characters (assistants, girlfriends, or damsels in distress) the most active role a female character could aspire to was that of the femme fatale, a pit of perdition, an unwelcome distraction for a man looking for truth and justice. This traditional approach to the genre has been challenged in the last decades by women acting as detectives, trusted with solving their cases in a hostile male world. Similarly, the traditional white male protagonist has been contested by fictions where ethnic minorities are not just consigned to the criminal world, but where detectives are members of ethnic groups, and can use their knowledge of the community to solve the case. This essay focuses on the crossroads of ethnic and women’s detective fiction, specifically the Gloria Damasco series by Chicana writer Lucha Corpi and the graphic novel Chicanos (Trillo and Risso, 1996). Both protagonists (Gloria Damasco, a Chicana clairvoyant detective, and “poor, ugly, and a detective” Alejandrina Yolanda Jalisco) must face both the dangers of investigating criminal cases and discrimination in their professional surroundings due to their gender and ethnicity. By contrasting these texts, the essay elucidates the importance of specific cultural products, their connection to (and defiance of) canonical forms of the genre, and their rejection of generic and gender expectations.

Privy Private Eye: A Guidebook for Travelers Who Have to Go

This creative Capstone project, Privy Private Eye: A Guidebook for Travelers Who Have to Go, contains a nonfiction compendium of brief reviews of public restrooms in the Dallas, Texas area. To inform readers about facilities that are safe (and a few that should be avoided), Privy Private Eye contains reviews and ratings of restrooms in gas stations, restaurants, and retail centers. These appraisals will be featured in a full-length manuscript that may be published in the near future as a travel guide. Also contained herein, before the creative portion of the project itself, is a reflective paper describing the project, its creation, and its position within the context of published travel guides.

Planning for the Future: Gray Water Supply as a Conservation Measure for a Key Water Provider in Douglas County, Colorado

Diminishing water in the Denver Basin aquifers requires Parker Water and Sanitation District plan for the future to ensure availability of supply. Water conservation is one approach to prolonging the life of the aquifers. Homeowner installed gray water systems will help conserve 25 percent of the water needed and reduce the need to pump ground water for irrigation. Non-potable water through gray water systems will reduce the demand on the supplier. Gray water use will prolong a potable supply to Parker for years ahead. For this plan to be effective, Colorado regulations must change to allow gray water use. This goal will be achieved as the mind-set about water conservation shifts and water suppliers and consumers demand modification to policies.

“I'm not the woman I was”: Women´s perceptions on the effects of fibromyalgia on private life

In this qualitative study we explored how gender shapes the women´s experiences of living with Fibromyalgia and how it affects their private lives. Through thematic analysis of data from 13 in-depth interviews in Spain, we identified 7 themes which reflect that these women feel remorse and frustration for not being able to continue to fulfil the gender expectation of caring for others and for the home. This research contributes to a better understanding into what suffering from fibromyalgia implies for women and provides insights into how family and providers can support women with fibromyalgia in order to achieve a beneficial lifestyle.

The philanthropic work of Josephine Shaw Lowell: containing a biographical sketch of her life, together with a selection of her public papers and private letters

collected and arranged for publication by William Rhinelander Stewart.

The articles which all that belong to the private meeting instituted at Harvard College, 1719, assent unto, January 10, 1723

This one-page document contains the handwritten laws of an unnamed Harvard College religious society. The document is dated January 10, 1723 and includes the signatures of twenty-six students in the Harvard Classes of 1724 through 1728.

Challenges, Strengths and Opportunities Related to Implementing Comprehensive Evidence-Based Guidelines on Breast Cancer Survivorship Care by Primary Care Physicians and Nurse Practitioners in Southeastern Ontario

Background Many breast cancer survivors continue to have a broad range of physical and psychosocial problems after breast cancer treatment. As cancer centres move forward with earlier discharge of stable breast cancer survivors to primary care follow-up it is important that comprehensive evidence-based breast cancer survivorship care is implemented to effectively address these needs. Research suggests primary care providers are willing to provide breast cancer survivorship care but many lack the knowledge and confidence to provide evidence-based care. Purpose The overall purpose of this thesis was to determine the challenges, strengths and opportunities related to implementing comprehensive evidence-based breast cancer survivorship guidelines by primary care physicians and nurse practitioners in southeastern Ontario. Methods This mixed-methods research was conducted in three phases: (1) synthesis and appraisal of clinical practice guidelines relevant to provision of breast cancer survivorship care within the primary care practice setting; (2) a brief quantitative survey of primary care providers to determine actual practices related to provision of evidence-based breast cancer survivorship care; and (3) individual interviews with primary care providers about the challenges, strengths and opportunities related to provision of comprehensive evidence-based breast cancer survivorship care. Results and Conclusions In the first phase, a comprehensive clinical practice framework was created to guide provision of breast cancer survivorship care and consisted of a one-page checklist outlining breast cancer survivorship issues relevant to primary care, a three-page summary of key recommendations, and a one-page list of guideline sources. The second phase identified several knowledge and practice gaps, and it was determined that guideline implementation rates were higher for recommendations related to prevention and surveillance aspects of survivorship care and lowest related to screening for and management of long-term effects. The third phase identified three major challenges to providing breast cancer survivorship care: inconsistent educational preparation, provider anxieties, and primary care burden; and three major strengths or opportunities to facilitate implementation of survivorship care guidelines: tools and technology, empowering survivors, and optimizing nursing roles. A better understanding of these challenges, strengths and opportunities will inform development of targeted knowledge translation interventions to provide support and education to primary care providers.

Talking with the “pouvoir constituant” in times of constitutional reform: The European Court of Justice on Private Applicants’ Access to Justice. Research Paper in Law 3/2003

[From the Introduction]. European lawyers, at least those dealing predominantly with institutional matters, are living particularly interesting times since the setting-up of the “European Convention on the Future of Europe” in December 2001.1 As the Convention’s mandate, spelled out in rather broad terms in the European Council’s declaration of Laeken,2 is potentially unlimited, and as the future constitution of the European Union (EU) will be ultimately adopted by the subsequent Intergovernmental Conference (IGC), there appears to be a great possibility to clarify, to simplify and also to reform many of the more controversial elements in the European legal construction. The present debate on the future of the European constitution also highlights the relationship between the pouvoir constituant3 and the European Courts, the Court of Justice (ECJ) and its Court of First Instance (CFI), who have to interpret the basic rules and principles of the EU.4 In that light, the present article will focus on a classic theme of the Court’s case law: the relationship between judges and pouvoir constituant. In the EU, this relationship has traditionally been marked by the ECJ’s role as driving force in the “constitutionalisation” of the EC Treaties – which has, to a large extent, been accepted and even codified by the Member States in subsequent treaty revisions. However, since 1994, the ECJ appears to be more reluctant to act as a “law-maker.”5 The recent judgment in Unión de Pequeños Agricultores (UPA)6 – an important decision by which the ECJ refused to liberalize individuals’ access to the Community Courts – is also interesting in this context. UPA may be seen as another proof of judicial restraint - or even as indicator of the beginning of a new phase in the “constitutional dialogue” between the ECJ and the “Masters of the Treaties.”