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نتیجه جستجو - Litigation

تعداد مقالات یافته شده: 15
ردیف عنوان نوع
1 Facilitating collaboration in forest management: Assessing the benefits of collaborative policy innovations
تسهیل همکاری در مدیریت جنگل: ارزیابی مزایای نوآوری های سیاست مشارکتی-2020
Collaborative governance and landscape approaches have become a more prevalent in public land management in the United States in the face of increasing ecological and societal complexity and decreasing government resources and capacity. In this era of devolution and social-ecological change, there is a growing need for policy approaches that facilitate partnerships and participatory approaches to land management. One unique policy that emphasizes collaboration and large-landscape restoration on US federal forestlands is the Collaborative Forest Landscape Restoration Program (CFLRP), established in 2009 to accelerate the pace and scale of forest restoration. The policy included novel characteristics such as a decade-long commitment to landscapes and formal requirements for collaboration. This program presented an opportunity to assess how this policy affected collaboration and the factors that led to differential policy implementation. We conducted 89 interviews across all 23 CFLRP projects with internal agency staff and external collaborators on each project. We found that the CFLRP generated a variety of benefits related to collaboration, including increased trust and stronger relationships, increased collaborative partner influence, decreased litigation and conflict, and increased capacity to accomplish work; however, there were also challenges associated with the program, including thetime-intensive nature of collaboration and the lack of industry or contractors. Various local factors affected collaborative outcomes under the policy, including staff turnover and capacity, local leadership, and collaborative history. Successful collaborative outcomes were widespread under the CFLRP, and from this, we draw implications for the broader environmental governance literature about the policy characteristics that facilitate collaboration and the other institutional variables that may require attention in this context.
Keywords: Collaborative governance | Community-based forestry | Adaptive governance | Ecological | Restoration | Policy design
مقاله انگلیسی
2 A semantic-based methodology for digital forensics analysis
یک روش مبتنی بر معنایی برای تجزیه و تحلیل پزشکی قانونی دیجیتال-2020
Nowadays, more than ever, digital forensics activities are involved in any criminal, civil or military investigation and represent a fundamental tool to support cyber-security. Investigators use a variety of techniques and proprietary software forensics applications to examine the copy of digital devices, searching hidden, deleted, encrypted, or damaged files or folders. Any evidence found is carefully analysed and documented in a ‘‘finding report’’ in preparation for legal proceedings that involve discovery, depositions, or actual litigation. The aim is to discover and analyse patterns of fraudulent activities. In this work, a new methodology is proposed to support investigators during the analysis process, correlating evidence found through different forensics tools. The methodology was implemented through a system able to add semantic assertion to data generated by forensics tools during extraction processes. These assertions enable more effective access to relevant information and enhanced retrieval and reasoning capabilities.
Keywords: Digital forensics | Text analysis | Log analysis | Correlation | Cybersecurity
مقاله انگلیسی
3 Medico-legal considerations and operative vaginal delivery
ملاحظات پزشکی قانونی و زایمان واژینال عملیاتی-2019
Women undergo operative vaginal delivery (OVD) as an alternative to caesarean section when complications arise in the second stage of labour. The perinatal mortality associated with OVD is very low, and most of the perinatal morbidity is minor. However, when serious adverse events occur, such as traumatic birth injury, shoulder dystocia, cerebral palsy and perinatal death, there are medico-legal implications. There is also the potential for litigation in relation to maternal pelvic floor injury, which is increased with OVD. Obstetricians performing and supervising OVDs need to be aware of the potential pitfalls and minimise the risk of adverse outcomes. Given that most obstetricians will be involved in adverse birth-related events, it is important that they are aware of the legal processes that may ensue. It is also important when reviewing adverse OVD-related outcomes that association is differentiated from causation. These issues are addressed in the current chapter with attention drawn to the Montgomery ruling, which redefines the legal standards expected in relation to informed consent.
Keywords: Operative vaginal delivery (OVD) | Serious adverse events | Litigation | Medico-legal | Causation | Montgomery ruling
مقاله انگلیسی
4 Violence against health professionals and facilities in China: Evidence from criminal litigation records
خشونت علیه متخصصان و امکانات بهداشتی و درمانی در چین: شواهدی از سوابق دادرسی کیفری-2019
Objectives: This study aims to extend the current understanding of violence against health professionals and facilities in China, with data from an authoritative, national-representative, but under-researched data source – litigation records, and discuss implications for developing violence prevention strategies. Design: We collected all legal cases relevant to violence against health professionals and facilities from criminal ligation records released by the Supreme Court of China from 2010 to 2016. Main outcome measures: (i) Characteristics of perpetrators: gender, age, education, occupation, history of mental illness and alcohol; (ii) characteristics of victims: medical specialization, location, type of violence; (iii) outcome of treatment. Results: 140 cases were collected for analysis. Beating, pushing, verbal abuse, threatening, burning mock paper money, placing a corpse in the hospital, hanging banners, blocking hospital gates and doors, and smashing hospital property were the most frequently reported types of violence. Specifically following patient deaths, the interval between a patients death and violence by the patients families and friends was short, with 51% happening on the same day. Conclusions: Our study provides a comprehensive overview of violence against health professionals and facilities in China, which can be used to inform the development of prevention strategies.
Keywords: Violence against health professionals | Criminal litigation records | Health system reform | Health policy
مقاله انگلیسی
5 Corporate litigation and debt
دادرسی شرکتی و بدهی-2018
This study examines the effect of litigation risk and litigation costs on firms’ credit ratings and debt financing. The results show that litigation affects a firms creditworthiness and debt costs in two stages. Before a lawsuit filing, firms at higher risk of litigation have lower credit ratings, are more likely to be rated speculative grade, pay higher yields on loans and bonds, and are less likely to rely on debt financing. At the time of the lawsuit resolution, settlement costs have an additional effect on firm credit quality. Companies facing larger settlement disbursements in relation to their available cash experience a decline in credit ratings and an increase in yield spread. The results are robust to endogeneity concerns and different proxies of litigation risk.
keywords: Corporate debt |Credit ratings |Cost of debt |Litigation |Lawsuits
مقاله انگلیسی
6 U:S: class action lawsuits targeting foreign firms: The country spillover effect
U: S: پرونده های دعوای گروهی که شرکت های خارجی را هدف قرار می دهند: اثر کشور سرریز-2017
We find negative price reactions among non-sued U.S.-listed foreign firms to filings of U.S. shareholder lawsuits targeting firms from their home country. This country spillover effect is stronger for lawsuits, especially accounting-related ones, targeting firms from more poorly governed countries. We also document a stronger country spillover effect for a recent wave of U.S. lawsuits targeting Chinese issuers than for other standalone litigation. Finally, a foreign firms price reaction to lawsuits targeting its country peers predicts its chance of being sued in the future. Our findings are consistent with investors updating a foreign firms litigation risk upon lawsuits targeting its country peers.
Keywords: Class action lawsuits | U.S.-listed foreign firms | Country spillovers
مقاله انگلیسی
7 Breaking up big banks
شکست بانک های بزرگ-2017
This paper discusses the proposals to limit the size of the banks, also known as tackling the banks’ incentives to become “too big to fail”. I examine how regulations to curb bank size may affect banks’ operating costs. I analyze the relationship between the size of U.S. bank holding companies (BHCs) and their operating costs from 2001:Q2 to 2014:Q1. I find that rules to limit the size of banks could significantly reduce economies of scale. In particular, if large and cost efficient banks become split into smaller parts, data processing, legal fees, audit and consulting expenses, expenses on premises are likely to increase. The second part of the paper deals with the phenomenon known as “too big to jail” and examines banks’ settlements. I compile a novel dataset on 341 litigation charges and settlements and find evidence that larger banks and banks with a higher credit risk, but not necessarily more systemically risky banks, face litigation charges more frequently. I do however observe that penalties had little effect on BHCs’ profitability, and that some of the largest banks continuously faced litigation charges which may imply that benefits from wrongdoing outweighed the costs or that many large banks relied on the fact they will be considered immune from prosecution due to their sheer size and their influence on the economy.
Keywords: Banks | Litigation expenses | Too-big-to-jail
مقاله انگلیسی
8 The effect of patent litigation and patent assertion entities on entrepreneurial activity
اثر دادخواهی حق ثبت اختراع و ثبت اختراع ادعا اشخاص در فعالیت های کارآفرینی-2016
Article history:Received 22 June 2014Received in revised form 17 June 2015 Accepted 14 July 2015This paper empirically investigates the statistical relationship between levels of patent litigation and ven- ture capital investment in the U.S. We find that VC investment, a major funding source for entrepreneurial activity, initially increases with the number of litigated patents. However, there is a “tipping point” where further increases in the number of patents litigated are associated with decreased VC investment, which suggests an inverted U-shaped relation between patent litigation and VC investment. This appears strongest for technology patents, and negligible for products such as pharmaceuticals. Strikingly, we find evidence that litigation by frequent patent litigators, a proxy for litigation by patent assertion entities, is directly associated with decreased VC investment, with no positive effects initially.© 2015 Elsevier B.V. All rights reserved.
effect litigation | patent |patent assertion | entrepreneurial activity
مقاله انگلیسی
9 An evaluation of the Federal Legal Services Program: Evidence from crime rates and property values
یک ارزیابی از برنامه خدمات حقوقی فدرال: شواهدی از نرخ جرم و جنایت و ارزش املاک-2016
This paper uses the city-level roll-out of legal service grants to evaluate their effects on crime. Using Uni- form Crime Reports from 1960 to 1985, the results show that there is a short-run increase of 7% in crimes reported and a 16% increase in crimes cleared by arrest. Results show an increase in the staffing of police officers in cities that received legal services. These cities are also associated with having higher median property values 10 years later. This supports the narrative that legal services changed police behavior through litigation or threats of litigation.© 2016 Elsevier Inc. All rights reserved.“Legal services lawyers have won the confidence of angry young men and women and have channeled their grievances into demo- cratic procedures. This capability and achievement mark a major victory for those concerned with maintaining law and order.”– From the Office of Economic Opportunity, November 1969Senate Hearing
Keywords: Crime | Lawyers | Law firms | Poverty | Property values | War on poverty | Riots
مقاله انگلیسی
10 Apology, sympathy, and empathy: The legal ramifications of admitting fault in U:S: public relations practice
معذرت خواهی، همدردی، و همدلی: پیامدهای قانونی اعتراف خطا را در عملکرد روابط عمومی ایالات متحده-2016
This study examines the litigation ramifications of apologies given during a crisis. Examining federal and state laws on the evidentiary issues affecting apology, this study shows that in 38 jurisdictions apologies are not admitted into evidence at trial if the apology contains certain characteristics. From this analysis practical suggestions are given to PR practitioners on how to craft legally protected apologies during a crisis.
Keywords: Public relations law | Apology | Crisis communication | Litigation
مقاله انگلیسی
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