Availability of Specific Remedies in Chinese Contract Law
In: Studies in the Contract Laws of Asia Remedies for Breach of Contract (Oxford: Oxford University Press 2016) ch 2.
76 Ergebnisse
Sortierung:
In: Studies in the Contract Laws of Asia Remedies for Breach of Contract (Oxford: Oxford University Press 2016) ch 2.
SSRN
The Federal District Court for the Northern District of Illinois recently adopted a rule providing for submission of the issues of negligence to a jury before evidence on the issue of damages is introduced (hereinafter sometimes referred to as the bifurcation rule or split trial rule). While reflecting a commendable spirit of judicial responsibility for reducing court congestion, the issue of its propriety raises some of the most subtle and difficult problems of the proper relation of courts to legislature in our system of independent branches of government; of the characterization of matters as substantive and procedural for various purposes; of the common law system of case by case development as opposed to legislation by act or rule; and of the effect of constitutional limitations in inhibiting proposed solutions to pressing problems. Our procedural principles are sufficiently broad, and we have sufficient analogous devices so that precedent can be found to embellish an opinion finding the requisite power in our courts to uphold the bifurcation rule. But the rule must be considered in the context of the structure of our tort law as it in fact has developed into a working institution for compensating the injured. The effective legal rights of injured persons are based upon substantive rights--the law of negligence, contributory negligence and allowable damages--as attenuated, warped and reinforced by the hazards, the costs and the ameliorating influences of our procedures for obtaining remedies. Any change of procedure which makes it more or less difficult to obtain a remedy will have an impact on a party's effective legal rights, will shift the balance somewhat between plaintiffs and defendants. Where the effective legal rights are only minutely affected, this result of a proposed change in procedure can be ignored. The bifurcation rule, however, has within it potentialities for a major change in the relative position of plaintiffs and defendants in negligence cases and the rule cannot be appraised merely by ...
BASE
the hospital is considered to be a high-attendance area, especially with the spread of various chronic conditions; diabetes, hypertension, cancer. as a result of continuous social, cultural, economic, political and technological changes. The high level of attendance within this structure, which has become highly popular, often leads to poor organisation between the various actors in the space, such as doctors, nurses and patients, making their daily or even transient experiences very unpleasant. How can the future health system be able to accommodate the increasing flow of patients and make it a bit more pleasant and unavoidable? How could the adapted tools and methods of the systemic approach in the field of health improve the hospital structure? The hospital's mink takes several forms and configurations because of its different resources and components. It is therefore considered to be a system whose constituent elements are as crucial as the relationships between them and this is what makes its organisation complex. A systemic approach focused on the flow paradigm will provide an overall view of this system (the hospital). It identifies and detects all uses, routines, ways of doing and acting most essential and decisive, as well as all contextual, formal, structural and functional parameters to improve the experience of different space users. ; L'hôpital est considéré comme un espace à haute fréquentation surtout avec la propagation des différentes pathologies chroniques ; diabète, hypertension, cancer… dues aux continuelles mutations sociales, culturelles, économiques, politiques et technologiques. L'importante fréquentation au sein de cette structure, qui est devenue hautement sollicitée, aboutit la plupart du temps à une mauvaise organisation entre les différents acteurs de l'espace tels que médecins, infirmiers et patients rendant leurs expériences quotidiennes ou même transitoires très désagréables. Comment peut-on permettre au futur système de santé d'accueillir le flux croissant de patients et rendre ...
BASE
The concept of immunization was started in Japan in 1849 when Jenner's cowpox vaccine seed was introduced, and the current immunization law was stipulated in 1948. There have been two turning points for amendments to the immunization law: the compensation remedy for vaccine-associated adverse events in 1976, and the concept of private vaccination in 1994. In 1992, the regional Court of Tokyo, not the Supreme Court, decided the governmental responsibility on vaccine-associated adverse events, which caused the stagnation of vaccine development. In 2010, many universal vaccines became available as the recommended vaccines, but several vaccines, including mumps, zoster, hepatitis B, and rota vaccines, are still voluntary vaccines, not universal routine applications. In this report, immunization strategies and vaccine development are reviewed for each vaccine item and future vaccine concerns are discussed.
BASE
In: Working USA: the journal of labor & society, Band 9, Heft 4, S. 407-423
ISSN: 1743-4580
This article presents the findings of a survey of day laborers who gather at informal hiring sites in the New York metropolitan area. Day laborers are employed by construction contractors, landscaping companies, homeowners, and small businesses to undertake manual labor jobs for low pay. The work is precarious and steady employment is rare. In addition, the day labor market is characterized by routine violations of labor and employment laws, and workers are often exposed to unsafe working conditions. These conditions prevail, in part, because day laborers largely are disconnected from workers rights' advocacy efforts. However, the creation of worker centers aims to remedy this situation. Several community organizations in the region are now actively contesting abuses in the day labor market and increasing both accountability in and transparency of the hiring process.
In: International journal of physical distribution and logistics management, Band 3, Heft 1, S. 43-54
ISSN: 0020-7527
The absence of relevant information concerning channel members can form one of the major difficulties facing a company attempting to implement a systems approach to the physical distribution of its products. Where channel cohesion permits assistance and co‐ordination, the remedy may be effected by Instituting a routine feedback or conducting a specific research project to collect the data. Many manufacturers, however, possess a channel structure which can be more accurately described as a series of discrete markets rather than a process which involves sharing market opportunities and integrating to ensure the best overall marketing impact. In the former situation business information is normally jealously guarded and alternative methods of data collection, where these are possible, can be lengthy, frustrating and expensive.
In: Comparative political studies: CPS, Band 53, Heft 10-11, S. 1798-1835
ISSN: 1552-3829
This article investigates the political consequences of occupational change in times of rapid technological advancement and sheds light on the economic and cultural roots of right-wing populism. A growing body of research shows that the disadvantages of a transforming employment structure are strongly concentrated among semiskilled routine workers in the lower middle class. I argue that individual employment trajectories and relative shifts in the social hierarchy are key to better understand recent political disruptions. A perception of relative economic decline among politically powerful groups—not their impoverishment—drives support for conservative and, especially, right-wing populist parties. Individual-level panel data from three postindustrial democracies and original survey data demonstrate this relationship. A possible interpretation of the findings is that traditional welfare policy might be an ineffective remedy against the ascent of right-wing populism.
Purpose: Cooperation between organizations is an often-suggested remedy for handling unsolved borderland problems. However, actual projects aiming at cooperation are seldom very successful. The purpose here is to highlight obstacles related to cooperation between different organizations based on a case study of a rehabilitation project where health care and several social service organizations (social insurance, social welfare, and the local employment agency) were involved. Data were gathered through participation and interviews. Findings: It seems that efficient cooperation requires an understanding of the participating organizations' differences in work logic as well as work practices. Furthermore, only certain fairly standardized "normal" problems may be handled through organized cooperation while non-routine exceptional problem requires a more fully integrated work organization. Implications: Obstacles to cooperation are highlighted and ways to improve the possibilities of cooperation between organizations are suggested although such possibilities are generally hampered by differences in work logic.
BASE
In: Salute e società, Heft 1, S. 179-202
ISSN: 1972-4845
- This article illustrates the role electronic support groups play in consumerdriven medicalization. The analysis is based on an observational study of a year in the life of an electronic support group for sufferers of the contested illness fibromyalgia syndrome. The analysis builds on and extends scholarship concerning the growing influence of lay expertise in the context of medical uncertainty by showing how the dominant beliefs and routine practices of this electronic community simultaneously (and paradoxically) challenge the expertise of physicians and encourage the expansion of medicine's jurisdiction. Drawing on their shared embodied expertise, participants confirm the medical character of their problem and its remedy, and they empower each other to search for physicians who will recognize and treat their condition accordingly. Physician compliance is introduced as a useful concept for understanding the relationship between lay expertise, patient-consumer demand, and contemporary (and future) instances of medicalization.Keywords: electronic support groups; ICT; health care; medicalisation; fibromyalgia syndrome; contested illness.
In: European journal of communication, Band 29, Heft 6, S. 653-667
ISSN: 1460-3705
While plenty of research has provided important insights into the uses of the Internet by politicians during elections, a relatively scarce amount of work has looked into these uses outside of such parliamentary events. This article seeks to remedy this lack of research by presenting a study on the 'routine' uses of two of the currently most popular social media services – Facebook and Twitter. Focusing on politicians elected to the national parliaments of Norway and Sweden, the article employs novel methodologies for data collection and statistical analyses in order to provide an overarching, structural view of the day-to-day social media practices of Scandinavian politicians. Findings indicate that use levels are rather low for both services – the median amount of tweets sent and messages posted on Facebook is close to one per day. Further analyses reveal that the most active politicians could be labelled as 'underdogs', as they are more likely to be younger, in opposition and out of the political limelight.
While plenty of research has provided important insights into the uses of the Internet by politicians during elections, a relatively scarce amount of work has looked into these uses outside of such parliamentary events. This article seeks to remedy this lack of research by presenting a study on the 'routine' uses of two of the currently most popular social media services – Facebook and Twitter. Focusing on politicians elected to the national parliaments of Norway and Sweden, the article employs novel methodologies for data collection and statistical analyses in order to provide an overarching, structural view of the day-to-day social media practices of Scandinavian politicians. Findings indicate that use levels are rather low for both services – the median amount of tweets sent and messages posted on Facebook is close to one per day. Further analyses reveal that the most active politicians could be labelled as 'underdogs', as they are more likely to be younger, in opposition and out of the political limelight.
BASE
While plenty of research has provided important insights into the uses of the Internet by politicians during elections, a relatively scarce amount of work has looked into these uses outside of such parliamentary events. This article seeks to remedy this lack of research by presenting a study on the 'routine' uses of two of the currently most popular social media services – Facebook and Twitter. Focusing on politicians elected to the national parliaments of Norway and Sweden, the article employs novel methodologies for data collection and statistical analyses in order to provide an overarching, structural view of the day-to-day social media practices of Scandinavian politicians. Findings indicate that use levels are rather low for both services – the median amount of tweets sent and messages posted on Facebook is close to one per day. Further analyses reveal that the most active politicians could be labelled as 'underdogs', as they are more likely to be younger, in opposition and out of the political limelight.
BASE
Patterns of news consumption are changing drastically. Citizens increasingly rely on social media such as Facebook to read and share political news. With the power of these platforms to expose citizens to political information, the implications for democracy are profound, making understanding what is shared during elections a priority on the research agenda. Nevertheless, to the best of our knowledge, no study has yet explicitly explored how elections transform news sharing behaviour on Facebook. This study begins to remedy this by (a) investigating changes in news coverage and news sharing behaviour on Facebook by comparing election and routine periods, and by (b) addressing the 'news gap' between preferences of journalists and news consumers on social media. Employing a novel data set of news articles (N = 83,054) in Mexico, findings show that during periods of heightened political activity, both the publication and dissemination of political news increases, the gap between the news choices of journalists and consumers narrows, and that news sharing resembles a zero-sum game, with increased political news sharing leading to a decrease in the sharing of other news.
BASE
The United States and, to a slightly lesser extent, Canada have come to regard personal bankruptcy as a routine method of discharging debts, enabling the debtor to make a fresh start. By contrast, in the United Kingdom, bankruptcy is still seen as a remedy of last resort, and creditors may retain the right to enforce debts. The difference in approach is due to the fact that the United States and Canada have traditionally given priority to risk taking over security, while the United Kingdom has continued to give priority to security over risk taking. However, the British government's enthusiasm for flexible labour markets and entrepreneurship suggests that this may be about to change. While many people in the United States are having second thoughts about their liberal approach to bankruptcy, and the American government is coming under intense pressure from the credit industry to make it harder for people to protect their assets, the British government has recently set in train a review of the legal and social framework of bankruptcy to see whether Britain can learn from the American experience.
BASE
Despite early warnings of lead toxicity, until recently this metal was added to a variety of consumer and industrial products. Today, thousands of children in the United States, and probably tens of thousands more worldwide, are suffering the consequences of exposure to lead. The lead story looms as major public policy failure that will eventually cost billions of dollars to remedy. Little is known about the toxicological properties of the more than 70,000 chemicals in commerce. Consequently, it seems likely that other "leads" are finding their way into our food, water, and air. Inadequate testing of chemicals to which the public is exposed presents a serious public health risk, particularly to children whose nervous systems are still developing. The Federal government should expand toxicological testing programs for existing and new chemicals, requiring increased developmental toxicological, particularly neurotoxicological, testing of chemicals to which the public is significantly exposed. In keeping with the concept of full-cost pricing, the costs of these tests should be incurred by the manufacturer, not the government, and should be considered a routine cost of product development.
BASE