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    The Crime of Reckless Management of a Financial Institution

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    A pesquisa pretende contribuir para o aperfeiçoamento da compreensão sobre o crime de gestão temerária de instituição financeira. O bem jurídico é o patrimônio alheio (recursos de terceiros e dos acionistas da instituição financeira) gerido pelo administrador contra violações a regras de gerenciamento de riscos e limites operacionais, causando perigo para a instituição financeira. Se a instituição for sistemicamente relevante, o perigo pode alcançar o próprio Sistema Financeiro Nacional (risco de instabilidade financeira). A tese propõe refletir sobre parâmetros para soluções de lege lata e de lege ferenda, ou seja, dar maior clareza quanto ao bem jurídico, clareza quanto às finalidades das sanções penais e das sanções administrativas. Nesse sentido, o objetivo do trabalho é estudar as respostas penais encontradas no Brasil para os problemas do passado no mercado financeiro e buscar atualizá-las à luz dos novos paradigmas sociais e econômicos. O marco inicial desse olhar para o passado será a vetusta lei de economia popular de 1938, passando pela doutrina do intervencionismo econômico do Estado Novo e o modelo atual de índole neoliberal. O olhar para futuro deverá considerar que, vivendo numa sociedade de riscos, os brasileiros estão inseridos numa estrutura econômica globalizada, que não pode prescindir, mormente após o advento da crise de 2008, de adequada regulação contra riscos sistêmicos e ameaças ao Sistema Financeiro Nacional, mas também deve se equilibrar para manter o direito penal brasileiro dentro das balizas de um direito penal garantista e humano. O fato de os Tribunais não terem declarado a inconstitucionalidade do crime de gestão temerária não significa que a tipificação seja adequada ou não possa ser aprimorada. Alterações legislativas podem contribuir para conferir maior racionalidade ao ordenamento jurídico.The research aims to contribute to the improvement of understanding of the crime of reckless management of a financial institution. The legal interest at stake is the property of others (resources belonging to the investors and the shareholders of the financial institution) managed by the administrator against violations of risk management rules and operational limits, causing a threat to the financial institution. If the institution is systemically relevant, the threat can extend to the National Financial System itself (risk of financial instability). The thesis proposes to reflect on parameters for solutions \"lege lata\" and \"lege ferenda\", in other words, to provide greater clarity regarding the legal interest, as well as clarity on the purposes of criminal and administrative sanctions. In this sense, the objective of the work is to study the criminal responses found in Brazil to past problems in the financial market and to update them considering new social and economic paradigms. The starting point for this examination of the past will be the old law on popular economy from 1938, passing through the doctrine of economic interventionism of the Estado Novo and the current neoliberal model. Looking to the future, it should be considered that, living in a risk society, Brazilians are part of a globalized economic structure that cannot do without adequate regulation against systemic risks and threats to the National Financial System. However, this regulation must also strike a balance to maintain Brazilian criminal law within the boundaries of a protective and humane criminal law. The fact that the courts have not declared the unconstitutionality of the crime of reckless management does not mean that the definition of the crime is adequate or cannot be improved. Legislative changes can help provide greater rationality to the legal framework

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship

    Appropriate Similarity Measures for Author Cocitation Analysis

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    We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis

    Dispelling the Myths Behind First-author Citation Counts

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    We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more sophisticated methods

    Author Index

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    koamabayili/VECTRON-author-checklist: VECTRON author checklist

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    We have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used

    Author Under Sail The Imagination of Jack London, 1893-1902

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    In Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
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