901 resultados para Whether costs may be awarded on indemnity basis
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The year is still young, but this week a judgement was handed down in what may well be the biggest music case of 2015. Marvin Gaye’s children have won a copyright law suit against Robin Thicke (no stranger to controversy) and Pharrell Williams for the song Blurred Lines. The 2013 hit was found to have infringed Gaye’s musical copyright in Got To Give It Up. A jury in the US awarded damages of nearly US$7.4 million – nearly half of the song’s US$16.6 million takings to date.
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STUDY QUESTION Can the number of oocytes retrieved in IVF cycles be predictive of the age at menopause? SUMMARY ANSWER The number of retrieved oocytes can be used as an indirect assessment of the extent of ovarian reserve to provide information on the duration of the reproductive life span in women of different ages. WHAT IS KNOWN ALREADY Menopause is determined by the exhaustion of the ovarian follicular pool. Ovarian reserve is the main factor influencing ovarian response in IVF cycles. As a consequence the response to ovarian stimulation with the administration of gonadotrophins in IVF treatment may be informative about the age at menopause. STUDY DESIGN, SIZE, DURATION In the present cross-sectional study, participants were 1585 infertile women from an IVF clinic and 2635 menopausal women from a more general population. PARTICIPANTS/MATERIALS, SETTING, METHODS For all infertile women, the response to ovarian stimulation with gonadotrophins was recorded. For menopausal women, relevant demographic characteristics were available for the analysis. MAIN RESULTS AND THE ROLE OF CHANCE A cubic function described the relationship between mean numbers of oocytes and age, with all terms being statistically significant. From the estimated residual distribution of the actual number of oocytes about this mean, a distribution of the age when there would be no oocytes retrieved following ovarian stimulation was derived. This was compared with the distribution of the age at menopause from the menopausal women, showing that menopause occurred about a year later. LIMITATIONS, REASONS FOR CAUTION The retrieved oocyte data were from infertile women, while the menopausal ages were from a more general population. WIDER IMPLICATIONS OF THE FINDINGS In the present study, we have shown some similarity between the distributions of the age when no retrieved oocytes can be expected after ovarian stimulation and the age at menopause. For a given age, the lower the ovarian reserve, the lower the number of retrieved oocytes would be and the earlier the age that menopause would occur.
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Background: Rupture of vulnerable atheromatous plaque in the carotid and coronary arteries often leads to stroke and heart attack respectively. The role of calcium deposition and its contribution to plaque stability is controversial. This study uses both an idealized and a patient-specific model to evaluate the effect of a calcium deposit on the stress distribution within an atheromatous plaque. Methods: Using a finite-element method, structural analysis was performed on an idealized plaque model and the location of a calcium deposit within it was varied. In addition to the idealized model, in vivo high-resolution MR imaging was performed on 3 patients with carotid atheroma and stress distributions were generated. The individual plaques were chosen as they had calcium at varying locations with respect to the lumen and the fibrous cap. Results: The predicted maximum stress was increased by 47.5% when the calcium deposit was located in the thin fibrous cap in the model when compared with that in a model without a deposit. The result of adding a calcium deposit either to the lipid core or remote from the lumen resulted in almost no increase in maximal stress. Conclusion: Calcification at the thin fibrous cap may result in high stress concentrations, ultimately increasing the risk of plaque rupture. Assessing the location of calcification may, in the future, aid in the risk stratification of patients with carotid stenosis.
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Japanese isolates of Candidatus Liberibacter asiaticus have been shown to be clearly differentiated by simple sequence repeat (SSR) profiles at four loci. In this study, 25 SSR loci, including these four loci, were selected from the whole-genome sequence and were used to differentiate non-Japanese samples of Ca. Liberibacter asiaticus (13 Indian, 3 East Timorese, 1 Papuan and 8 Floridian samples). Out of the 25 SSR loci, 13 were polymorphic. Dendrogram analysis using SSR loci showed that the clusters were mostly consistent with the geographical origins of the isolates. When single nucleotide polymorphisms (SNPs) were searched around these 25 loci, only the upstream region of locus 091 exhibited polymorphism. Phylogenetic tree analysis of the SNPs in the upstream region of locus 091 showed that Floridian samples were clustered into one group as shown by dendrogram analysis using SSR loci. The differences in nucleotide sequences were not associated with differences in the citrus hosts (lime, mandarin, lemon and sour orange) from which the isolates were originally derived.
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There has been a lot of effort to make Silicon optically active. In this work we examine two methods of generating nanocrystals of Silicon from bulk fragments. This approach of ours allows us to play with the shape of the nanocrystals and therefore the degeneracy of the conduction band minimum. We go on to examine whether similar sized particles with different shapes have the same physical properties, and finally whether Silicon may be rendered optically active by this route. While we do find that similar sized particles with different shapes may have different band gaps, this route of modifying the degeneracy of the conduction band minimum makes nano Si slightly optically active.
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The shooting of a social worker by a client on the Gold Coast in 1991 graphically illustrated the issue of physical assaults and violence by service users against social workers. In this article we look at the incidence of physical assault, threats of violence, abuse of agency property and verbal abuse to social and other welfare workers by clients, using data from a survey in Melbourne. We then look at probable causes of menacing behaviour, such as issues involved in work with involuntary clients' and we discuss options for preventing and coping with violence and abuse in the welfare work place.
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The thesis explores the discourse of two global news agencies, the Associated Press (AP) and Reuters, which together with the French AFP are generally regarded as the world s leading news distributors. A glance at the guidelines given by AP and Reuters to their journalists shows that these two news agencies make a lot of effort to strive for objectivity the well-known journalistic ideal, which, however, is an almost indefinable concept. In journalism textbooks definitions of objectivity often contain various components: detachment, nonpartisanship, facticity, balance, etc. AP and Reuters, too, in their guidelines, present several other ideals besides objectivity , viz., reliability, accuracy, balance, freedom from bias, precise sourcing, reporting the truth, and so on. Other central concepts connected to objectivity are neutrality and impartiality. However, objectivity is, undoubtedly, the term that is most often mentioned when the ethics of journalism is discussed, acting as a kind of umbrella term for several related journalistic ideals. It can even encompass the other concept that is relevant for this study, that of factuality. These two intertwined concepts are extremely complex; paradoxically, it is easier to show evidence of the lack of objectivity or factuality than of their existence. I argue that when journalists conform to the deep-rooted conventions of objective news reporting, facts may be blurred, and the language becomes vague and ambiguous. As global distributors of news, AP and Reuters have had an influential role in creating and reinforcing conventions of (at least English-language) news writing. These conventions can be seen to work at various levels of news reporting: the ideological (e.g., defining what is regarded as newsworthy, or who is responsible), structural (e.g., the well-known inverted pyramid model), and stylistic (e.g., presupposing that in hard news reports, the journalist s voice should be backgrounded). On the basis of my case studies, I have found four central conventions to be worthy of closer examination: the conventional structure of news reports, the importance of newsworthiness, the tactics of impersonalisation which tends to blur news actors responsibility, and the routines of presenting emotions. My linguistic analyses draw mainly on M.A.K. Halliday s Systemic Functional Grammar, on notions of transitivity, ergativity, nominalisation and grammatical metaphor. The Appraisal framework, too, has provided useful tools for my analyses. The thesis includes six case studies dealing with the following topics: metaphors in political reporting, terrorism discourse, terrorism fears, emotions more generally, unnamed sources as rhetorical constructs, and responsibility in the convention of attribution.
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The multifaceted passive present participle in Finnish This study investigates the uses of the passive present participle in Finnish. The participle occurs in a variety of syntactic environments and exhibits a rich polysemy. Former descriptions have treated it as a mainly modal element, but it has several non-modal uses as well. The present study provides an overview of its uses and meanings, with the main focus on the factors which trigger the modal reading. In addition, the study contains two case studies on modal periphrastic constructions consisting of the verb 'to be' and the present passive participle, the Obligation construction, e.g., on men-tä-vä [is go-pass-ptc], and the Possiblity construction, e.g., on pelaste-tta-v-i-ssa [is save-pass-ptc-pl-ine]. The study is based on empirical data of 9000 sentences obtained from i) large collections of transcribed material from Finnish dialects, ii) a corpus of modern Finnish newspaper texts, iii) corpora of Old Finnish texts. Both in colloquial and standard Finnish the reading of the participle is highly dependent of the context and determined by such factors as the overall syntactic environment and other co-occurring elements. One of the main findings here is that the Finnish passive present participle is not modal per se. The contextual modal reading arises whenever the state of affairs is conceptualized from the viewpoint of the implied subject of the participle, and the meaning of possibility or obligation depends mostly on whether the situation is pleasant or undesirable. In sections examining the grammaticalization of the Possibility and Obligation constructions, the perspective is diachronic. Both constructions have derived from copula constructions with the passive present participle as a predicate (adjective or adverb). These sections show how a linguistic change can be investigated on the basis of the patterns of usage in the empirical data. The Possibility construction is currently going through a restructuration to a passive verbal complex. The source of this construction is reflected in its present-day use by the fact that it heavily biased towards a small set of verbs. The Obligation construction has grammaticalized to a construction comparable to a compound tense. Patterns of use of the construction show that grammaticalization originates in specific syntactic constructions with an implication of practical necessity. Furthermore, it is shown that the Obligation construction has grammaticalized in different directions in standard and colloquial Finnish. Differing from the study on most typical phenomena investigated in the literature on grammaticalization of modality, the present study opens new perspectives and methods for discussion on these questions.
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The overall rate equation for a reaction sequence consisting of a pre-equilibrium and rate-determining steps should not be derived on the basis of the concentration of the intermediate product (X). This is apparently indicated by transition state theory (as the path followed to reach the highest energy transition state is irrelevant), but also proved by a straight-forward mathematical approach. The thesis is further supported by the equations of concurrent reactions as applied to the partitioning of X between the two competing routes (reversal of the pre-equilibrium and formation of product). The rate equation may only be derived rigorously on the basis of the law of mass action. It is proposed that the reactants acquire the overall activation energy prior to the pre-equilibrium, thus forming X in a high-energy state en route to the rate-determining transition state. (It is argued that conventional energy profile diagrams are misleading and need to be reinterpreted.) Also, these arguments invalidate the Michaelis-Menten equation of enzyme kinetics, and necessitate a fundamental revision of our present understanding of enzyme catalysis. (The observed ``saturation kinetics'' possibly arises from weak binding of a second molecule of substrate at the active site; analogous conclusions apply to reactions at surfaces).
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Interannual variation of Indian summer monsoon rainfall (ISMR) is linked to El Nino-Southern oscillation (ENSO) as well as the Equatorial Indian Ocean oscillation (EQUINOO) with the link with the seasonal value of the ENSO index being stronger than that with the EQUINOO index. We show that the variation of a composite index determined through bivariate analysis, explains 54% of ISMR variance, suggesting a strong dependence of the skill of monsoon prediction on the skill of prediction of ENSO and EQUINOO. We explored the possibility of prediction of the Indian rainfall during the summer monsoon season on the basis of prior values of the indices. We find that such predictions are possible for July-September rainfall on the basis of June indices and for August-September rainfall based on the July indices. This will be a useful input for second and later stage forecasts made after the commencement of the monsoon season.
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Accurate and precise estimates of age and growth rates are essential parameters in understanding the population dynamics of fishes. Some of the more sophisticated stock assessment models, such as virtual population analysis, require age and growth information to partition catch data by age. Stock assessment efforts by regulatory agencies are usually directed at specific fisheries which are being heavily exploited and are suspected of being overfished. Interest in stock assessment of some of the oceanic pelagic fishes (tunas, billfishes, and sharks) has developed only over the last decade, during which exploitation has increased steadily in response to increases in worldwide demand for these resources. Traditionally, estimating the age of fishes has been done by enumerating growth bands on skeletal hardparts, through length frequency analysis, tag and recapture studies, and raising fish in enclosures. However, problems related to determining the age of some of the oceanic pelagic fishes are unique compared with other species. For example, sampling is difficult for these large, highly mobile fishes because of their size, extensive distributions throughout the world's oceans, and for some, such as the marlins, infrequent catches. In addition, movements of oceanic pelagic fishes often transect temperate as well as tropical oceans, making interpretation of growth bands on skeletal hardparts more difficult than with more sedentary temperate species. Many oceanic pelagics are also long-lived, attaining ages in excess of 30 yr, and more often than not, their life cycles do not lend themselves easily to artificial propagation and culture. These factors contribute to the difficulty of determining ages and are generally characteristic of this group-the tunas, billfishes, and sharks. Accordingly, the rapidly growing international concern in managing oceanic pelagic fishes, as well as unique difficulties in ageing these species, prompted us to hold this workshop. Our two major objectives for this workshop are to: I) Encourage the interchange of ideas on this subject, and 2) establish the "state of the art." A total of 65 scientists from 10 states in the continental United States and Hawaii, three provinces in Canada, France, Republic of Senegal, Spain, Mexico, Ivory Coast, and New South Wales (Australia) attended the workshop held at the Southeast Fisheries Center, Miami, Fla., 15-18 February 1982. Our first objective, encouraging the interchange of ideas, is well illustrated in the summaries of the Round Table Discussions and in the Glossary, which defines terms used in this volume. The majority of the workshop participants agreed that the lack of validation of age estimates and the means to accomplish the same are serious problems preventing advancements in assessing the age and growth of fishes, particularly oceanic pelagics. The alternatives relating to the validation problem were exhaustively reviewed during the Round Table Discussions and are a major highlight of this workshop. How well we accomplished our second objective, to establish the "state of the art" on age determination of oceanic pelagic fishes, will probably best be judged on the basis of these proceedings and whether future research efforts are directed at the problem areas we have identified. In order to produce high-quality papers, workshop participants served as referees for the manuscripts published in this volume. Several papers given orally at the workshop, and included in these proceedings, were summarized from full-length manuscripts, which have been submitted to or published in other scientific outlets-these papers are designated as SUMMARY PAPERS. In addition, the SUMMARY PAPER designation was also assigned to workshop papers that represented very preliminary or initial stages of research, cursory progress reports, papers that were data shy, or provide only brief reviews on general topics. Bilingual abstracts were included for all papers that required translation. We gratefully acknowledge the support of everyone involved in this workshop. Funding was provided by the Southeast Fisheries Center, and Jack C. Javech did the scientific illustrations appearing on the cover, between major sections, and in the Glossary. (PDF file contains 228 pages.)
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Leber hereditary optic neuropathy (LHON) was the first disease to be linked to the presence of a mitochondrial DNA (mtDNA) mutation. Nowadays over 95% of LHON cases are known to be caused by one of three primary mutations (m.11778G>A, m.14484T>C, and m.34
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Composite chiral stationary phases (CSPs) were prepared on the basis of cellulose derivatives coated or bonded onto silica. "Molecular exterior" type CSPs were prepared by mixing together two different cellulose tris-derivatives before or after being coated or bonded onto silica, and the "molecular interior" type was obtained by synthesizing non-regioselectively heterosubstituted cellulose derivatives coated or bonded onto silica. For the sake of comparison, the individual phases were also prepared with corresponding cellulose derivatives by coating or bonding approaches, respectively. All of the prepared CSPs were characterized and their chiral recognition properties were evaluated by HPLC with several test racemates. The experimental results demonstrated that the "molecular exterior" CSPs generally exhibit chiral recognition capacities intermediate between those of the two individual phases. However, in the separation of some racemates higher enantioselectivity may be achieved on the "molecular interior" phases than on individual phases, thus broadening the application range of a single cellulose-based CSP.
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We have developed a compiler for the lexically-scoped dialect of LISP known as SCHEME. The compiler knows relatively little about specific data manipulation primitives such as arithmetic operators, but concentrates on general issues of environment and control. Rather than having specialized knowledge about a large variety of control and environment constructs, the compiler handles only a small basis set which reflects the semantics of lambda-calculus. All of the traditional imperative constructs, such as sequencing, assignment, looping, GOTO, as well as many standard LISP constructs such as AND, OR, and COND, are expressed in macros in terms of the applicative basis set. A small number of optimization techniques, coupled with the treatment of function calls as GOTO statements, serve to produce code as good as that produced by more traditional compilers. The macro approach enables speedy implementation of new constructs as desired without sacrificing efficiency in the generated code. A fair amount of analysis is devoted to determining whether environments may be stack-allocated or must be heap-allocated. Heap-allocated environments are necessary in general because SCHEME (unlike Algol 60 and Algol 68, for example) allows procedures with free lexically scoped variables to be returned as the values of other procedures; the Algol stack-allocation environment strategy does not suffice. The methods used here indicate that a heap-allocating generalization of the "display" technique leads to an efficient implementation of such "upward funargs". Moreover, compile-time optimization and analysis can eliminate many "funargs" entirely, and so far fewer environment structures need be allocated at run time than might be expected. A subset of SCHEME (rather than triples, for example) serves as the representation intermediate between the optimized SCHEME code and the final output code; code is expressed in this subset in the so-called continuation-passing style. As a subset of SCHEME, it enjoys the same theoretical properties; one could even apply the same optimizer used on the input code to the intermediate code. However, the subset is so chosen that all temporary quantities are made manifest as variables, and no control stack is needed to evaluate it. As a result, this apparently applicative representation admits an imperative interpretation which permits easy transcription to final imperative machine code. These qualities suggest that an applicative language like SCHEME is a better candidate for an UNCOL than the more imperative candidates proposed to date.
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info:eu-repo/semantics/published