999 resultados para Good Judgement


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On October 20, 2011, the 42 year rule of Colonel Muammar Gaddafi came to a violent end after months ofintense and brutal fighting. The violence in which Gaddafi died and the ensuing abuse of his dead body by his killers wascaptured on film and broadcast around the world. This gruesome end was the antithesis to his rise to power in 1969,where he was welcomed as a savior and a hero. Until his death, Gaddafi was the longest-serving non-monarchical Headof State and was considered by most scholars more likely to die of natural causes than be overthrown by his people. Sowhat happened in those 42 years that caused Gaddafi to go from beloved liberator to hated oppressor? And what is hislasting legacy for the country he ruled for over four decades?

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Background: Positive associations between medication adherence and beneficial outcomes primarily come from studying filling/consumption behaviors after therapy initiation. Few studies have focused on what happens before initiation, the point from prescribing to dispensing of an initial prescription. Objective: Our objective was to provide guidance and encourage high-quality research on the relationship between beneficial outcomes and initial medication adherence (IMA), the rate initially prescribed medication is dispensed. Methods: Using generic adherence terms, an international research panel identified IMA publications from 1966 to 2014. Their data sources were classified as to whether the primary source reflected the perspective of a prescriber, patient, or pharmacist or a combined perspective. Terminology and methodological differences were documented among core (essential elements of presented and unpresented prescribing events and claimed and unclaimed dispensing events regardless of setting), supplemental (refined for accuracy), and contextual (setting-specific) design parameters. Recommendations were made to encourage and guide future research. Results: The 45 IMA studies identified used multiple terms for IMA and operationalized measurements differently. Primary data sources reflecting a prescriber's and pharmacist's perspective potentially misclassified core parameters more often with shorter/nonexistent pre- and postperiods (1-14 days) than did a combined perspective. Only a few studies addressed supplemental issues, and minimal contextual information was provided. Conclusions: General recommendations are to use IMA as the standard nomenclature, rigorously identify all data sources, and delineate all design parameters. Specific methodological recommendations include providing convincing evidence that initial prescribing and dispensing events are identified, supplemental parameters incorporating perspective and substitution biases are addressed, and contextual parameters are included.

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The thoughts and observations contained in this paper were first presented in a preliminary form at the Staff Seminar that I gave at the University of Cape Town (UCT) - Department of Private Law, on Tuesday May 8 2012. The organizers generously offered me a free choice of subject. Such an offer always poses a problem to imaginative people like myself. I finally chose as my subject the role of good faith in contract law theory and practice and then entitled the Seminar “Good Faith & Contracts - Brothers in Arms”. The aim of the talk was to briefly describe what I see behind the doctrine of good faith (and, more broadly, behind the general course of the parties’ behavior before and after the conclusion of an agreement), to then explain the need of its protection and future reasonable developments by challenging the limitations of both traditional and current legal approaches to contract law theory and practice. By adopting a comparative modus investigandi, it emerged that especially in the area of contract law a new law-finding process is emerging in the European continent and it is leading to re-conceive the meta-national legislative interventions by challenging the limits of Hobbes’s Leviathan. As asserted, we ought to not take this process for granted because although there are many forms of social organization, contract is the most pervasive and the law of contract still is the most important vehicle to support and supplement private arrangements. However, the point of departure for theorizing about private law is based on experience. Consequently, despite the growing emphasis on the convergence of national legal systems in Europe, conducting research on private law theory and practice requires that imagination and creativity be matched with prudence. Proficiency has to be aligned with what we have learned from history.

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Through this research, we find that the asymmetric volatility phenomenon is reversed in the Shanghai Stock Exchange during bull markets. That is, volatility increases more with good news than with bad news. This evidence is inconsistent with the US markets. Further examination of this phenomenon reveals that the positive impact of good news on volatility is driven by the return-chasing behaviour of investors during bull markets. We also find that volatility increases after stock price declines in bear markets. After controlling for liquidity shifts, we observe similar patterns in volatility in both bull and bear markets. We posit that institutional and behavioural factors are the major driving forces of observed volatility patterns in the Chinese stock market.

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Previous literature has highlighted a number of concerns about forensic care and rehabilitation by those who use the services. The Good Lives Model (GLM) is a strength-based, humanistic approach to offender rehabilitation that has been largely overlooked by forensic mental health practitioners. This study explored the impact of a brief GLM program on forensic service users' perceptions of rehabilitation, both within and beyond therapeutic programs, using a thematically linked, multiple-case study research design. Pre-post comparisons of participants' perceptions of rehabilitation suggested three different outcomes: definite change, subtle change, and no change. Possible factors associated with participants' divergent experiences included level of exposure to the GLM, readiness to change, and practitioners' adherence to the GLM and experience with the model. The importance of attending to the wider system for successful implementation of this innovative approach is highlighted.

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The aim of the research was to explore whether the Good Lives Model (GLM) of offender rehabilitation could enhance the manner in which forensic rehabilitation is undertaken. The results were encouraging but suggested that greater attention to the wider system is required for full and effective implementation of the GLM.

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This article will explore the European roots of the doctrine of specific performance and the influence of transformative constitutionalism on these in recent times. The question whether specific performance is available as of right (as in the civil law), or only subject to judicial discretion (as in the common law), will be investigated. The demonstrated impact of constitutional rights on contract law in the mixed system of South Africa will be contrasted with developments in English and Australian contract law, where the common-law rules are more deeply entrenched and the potential scope for human rights-based development of these is arguably smaller, though still important. The article will argue, using comparative rules on specific performance as an example, that the concept of a duty of good faith or contractual fairness is likely to play a greater role in future in all three of the countries under consideration, reducing the common/civil/mixed legal systems divide.

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Unless you’ve been living on a deserted island or stranded (or not?) like the pelagic castaway Jose Ivan (http://bit.ly/1fq6JsJ) for over a year, you could not possibly have missed the news thatGoogle’s mass digitization project, Google Books, won its case.

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This article studies a model where, as a consequence of private information, agents do not have incentive to invest in a desired joint project, or a public good, when they are unable to have prior discussion with their partners. As a result, the joint project is never undertaken and inefficiency is observed. Agastya, Menezes and Sengupta (2007) prove that with a prior stage of communication, with a binary message space, it is possible to have some efficiency gain since "all ex-ante and interim efficient equilibria exhibit a simple structure". We show that any finite message space does not provide efficiency gain on the simple structure discussed in that article. We use laboratory experiments to test these results. We find that people do contribute, even without communication, and that any kind of communication increases the probability of project implementation. We also observed that communication reduces the unproductive contribution, and that a large message space cannot provide efficiency gain relative to the binary one.

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Os museus federais, de um modo geral, nas duas últimas décadas, têm apresentado resultados satisfatórios no desempenho de sua missão básica - preservação e difusão do acervo que detêm - sem, necessariamente, contar para isso com apoio e recursos governamentais expressivos. Ao contrário, integrantes de uma área de governo sabidamente desfavorecida de recursos orçamentários, bem como de interesse político, desprovida, ainda, de quadros altamente qualificados, desenvolveram soluções próprias e um estilo peculiar de gestão para lidar com essas dificuldades crônicas. Tais soluções gerenciais (Associações de Amigos, criatividade, abnegação, flexibilidade, intensa participação etc.), alinhadas com um modo orgânico de funcionamento e adequadas até então, acobertam, de uma maneira sutil e arriscada, um quase absoluto despreparo profissional para a implementação de sistemas de controle gerencial orientados para resultados - gestão estratégica, programação e orçamentação, controle de qualidade, capacitação técnica e gerencial, indicadores de resultados e avaliação de programas etc. A crescente concorrência de outros meios de entretenimento e lazer, o aperto no controle do déficit público e a conseqüente pressão no sentido da publicização dessas atividades (fortes candidatas a virarem organizações sociais), somados ao esperado crescimento da cobrança social pela accountabilíty de seus dirigentes formam um cenário nada promissor para essas instituições, até então, imunes aos escândalos ou, pelo menos, a uma avaliação menos favorável pela população e demais stakeholders. O julgamento ainda vigente em grande parte de sua elite técnica de que não existe inteligência no mundo da administração, um mal necessário e de convívio difícil com as artes, reforça o belo desafio a ser enfrentado nos próximos anos pelos dirigentes dessas instituições.