1,766 research outputs found
SLIDES: “Human Sustainability” in Natural Resources Industries: The New Frontier in Compliance, Social Responsibility, Disclosure, and Transparency
No full textPresenter: T. Markus Funk, Partner, Perkins Coie
21 slide
T. Markus Funk, Victims' Rights and Advocacy at the International Criminal Court, Oxford, Oxford University Press, 2010
No full textHébert-Dolbec Marie-Laurence. T. Markus Funk, Victims' Rights and Advocacy at the International Criminal Court, Oxford, Oxford University Press, 2010. In: Revue Québécoise de droit international, volume 22-2, 2009. pp. 385-387
A Mere Youthful Indiscretion? Reexamining the Policy of Expunging Juvenile Delinquency Records
No full textRecent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today\u27s juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions retain statutory provisions that allow for, or mandate, the expungement of juvenile crime records once the juvenile reaches a certain age. This policy\u27s stated goal is to allow the juvenile offender to enter adulthood with a clean slate, thereby shielding him from the negative effects of having a criminal record. The author conducts an exhaustive analysis and critique of this policy, examining its philosophical origins, the rehabilitative ideal on which it is premised, and its theoretical and practical impact. He argues that even if one accepts the notion that those who have committed a juvenile indiscretion will outgrow their reckless behavior, it remains necessary to differentiate between those who in fact can be rehabilitated and those whose rehabilitative potential is negligible, a task not accomplished by most contemporary expungement statutes
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Rethinking self-defence ::the 'ancient right's' rationale disentangled /
No full text"This book advances the self-defence discussion by introducing a value-centric dialogue and providing an account of the underlying values providing the rationale for self-defence. The book offers valuable insights not only into the public's perception of what a 'right' or 'just' outcome is, but also, and for the purposes of the instant enquiry more importantly, into the emphasis legal systems place (and should place) on the relative importance of the defender and the attacker's respective rights to autonomy and non-interference. These differences in emphasis, in turn, yield very different real-world outcomes. By understanding the value-based decision-grounds, the author argues that we can avoid the hidden normativity and false dichotomies characterising the self-defence debate and, instead, focus on a more fulsome and explicit discussion over the core values a society can - and should - accept as potential self-defence decision-grounds"-
Tagging of Biomedical Articles on CiteULike: A Comparison of User, Author and Professional Indexing
No full textThis paper examines the context of online indexing from the viewpoint of three different groups: users, authors, and professional indexers. User tags, author keywords and descriptors were collected from academic journal articles, which were both indexed in Pubmed and tagged on CiteULike, and analysed. Descriptive statistics, informetric measures, and thesaural term comparison shows that there are important differences in the use of keywords between the three groups in addition to similarities which can be used to enhance support for search and browse. While tags and author keywords were found that matched descriptors exactly, other terms which did not match but provided important expansion to the indexing lexicon were found. These additional terms could be used to enhance support for searching and browsing in article databases as well as to provide invaluable data for entry vocabulary and emergent terminology for regular updates to indexing systems. Additionally, the study suggests that tags support organisation by association to task, projects and subject while making important connections to traditional systems which classify into subject categories
The sense of a beginning : Bakhtinian dialogic criticism on 'the gospel' in Mark.
No full textContemporary literary approaches have caused paradigm shifts in Biblical Studies in the last two decades as it appears in a great deal of Markan studies using narrative, reader-response, deconstructive, feminist, and new historicist approaches. However, literary studies on the Gospel of Mark have not taken into account theoretical questions underlying those approaches. As a result biblical critics are driven by new trends without ever having a chance to examine the critical baggage of the approaches. Consequently, there is a gap of communication between the old and the new one. Therefore this thesis is an attempt to meet the need of enhancing the quality of critical endeavour in biblical studies. In the light of most recent competing critical theories of literature, the first contribution of this thesis is the methodological finding that Bakhtinian dialogic criticism contains the most profound philosophical and practical foundations for solving some crucial theoretical problems in contemporary literary theories. It is a critique to a Saussurian linguistic system of language which becomes the very foundation of modern and postmodern literary criticism. Bakhtinian literary theory shifts the foundation of literary criticism on linguistic signs into the creative activity of the socio-cultural production of human communication. The shift into socio-cultural reality of language communication makes the notion of 'genre' very important to unlock the problem of text and context in literary studies. Since the Gospel of Mark has fascinated most literary critics in Biblical Studies, the problem of 'genre' of this gospel is chosen as the focus of this study. Secondly, as no agreement is reached as to what 'genre' the Gospel of Mark belongs, this thesis makes its contribution to the discussion by locating the problem of 'genre' of Mark in the context of genre theories and argues that the Bakhtinian suggestion to find genre in the socio-cultural sphere by analysing artistic intercourse between narrative agents in Mark has freed the competing analysis from the unresolved problem between the kerygmatic (content oriented) approach and the analogical (form oriented) approach. To achieve finding 'genre' in the socio-cultural sphere, this thesis focuses on Bakhtinian analysis of the process of artistic intercourse between narrative agents. The narrative communicative interrelationships between narrative agents is constructed in this thesis as a 'stereophonic' Bakhtinian model of dialogic communication. This model is an original contribution of this thesis for revising the traditional two dimensional model of narrative communication. Based on this dialogical model of communication, a special role is given to the Bakhtinian 'author-creator' in the realization process of genre through the interaction of polyphonic voices. Through the interaction of voices of the author-artist and the hero we are led to discover a relatively stable type of portraying and controlling reality in Mark, known as the genre of Roman 'satire'. The closest literary affinity is Satyrica by Petronius. This narrative strategy of 'satire' in Mark has its root in the prophetic discourse of the Old Testament which is saturating the speech of the narrator, John the Immerser, the centurion, the people, and even Jesus. Finally, the whole search for Markan 'genre' culminates in the analysis of the realization of genre through the analysis of Bakhtinian chronotope. The reality of the genre of Mark is its social reality that is in its role as dpxrj/ 'beginning'. As the Gospel of Mark proclaims itself as 'a beginning', it defines its claim of socio-cultural 'authority' in early Christianity. It is this 'sense of beginning' which enables the narrating and the narrated world of Mark to interact dialogically
Acupuncture and sports medicine : effects and application perspectives
No full textVor dem Hintergrund der gestiegenen medizinischen und sozioökonomischen Relevanz von Akupunktur und Laserakupunktur werden im Rahmen der vorliegenden Arbeit Anwendungsfelder und Forschungsperspektiven in der präventiven und rehabilitativen Sportmedizin skizziert. Hierzu zählen insbesondere die Therapie von Sportverletzungen und Sportschäden, die Steigerung der körperlichen Leistungsfähigkeit, die Unterstützung und Förderung der Regeneration sowie die Vorbeugung von belastungsinduziertem Asthma. Aufbauend auf den aktuellen Forschungsstand werden eigene Originalarbeiten vorgestellt, die sich mit der Evaluation spezifischer Effekte der Akupunktur und Laserakupunktur befassen.Against the background of the increasing medical and socioeconomic importance of acupuncture and laser acupuncture, the present work aims at outlining scientific and practical applications in fields related to preventive and rehabilitative sports medicine. These include, in particular, the treatment of acute and chronic sports injuries, the enhancement of physical performance, the promotion of recovery, as well as the prevention of exercise-induced asthma. Based on current research, the author presents his original investigations dealing with specific effects of acupuncture and laser acupuncture
Regulatory Measures to Improve the Safety of CAR-T-Cell Treatment
No full text<jats:p>Introduction: Regulatory activities aim to facilitate the safe use of novel therapeutics such as genetically engineered chimeric antigen receptor (CAR)-T cells. Toxicities associated with CAR-T-cell therapies have led to modified safety management guidance in clinical trials and the implementation of post-marketing requirements. The aim of this study was to estimate the effect of individual risk-minimizing measures to evaluate the appropriateness of regulatory activities. Methods: We re-examined clinical trial data prior to and after the introduction of revised treatment guidelines; we analysed spontaneous adverse drug reaction (ADR) reports submitted to the EudraVigilance database in 2019/2020 regarding their completeness; and we performed a survey of treatment centres in Germany that have been qualified for the use of commercial CAR-T cells. Results: Lower combined incidences of severe cytokine release syndrome (CRS) as well as neurotoxicity occurred following CAR-T-cell treatment after a revision of management guidelines, suggesting earlier intervention compared to before (12.6% vs. 20.5%). Numerous post-marketing ADR reports lacked information important for case assessment. Full details on treatment indication, CRS onset, outcome, and grading were available for just 38.3% of CRS cases. Survey responses support the majority of regulatory requirements for centre qualification. Time investment was highest for training of healthcare professionals, which required an average of 6.5 staff members (range 2–20) and lasted more than 2 days per person in half of the facilities. The need to harmonize the regulatory requirements for the different CAR-T-cell therapeutics was emphasized. Conclusion: Defined regulatory measures can support the safe and effective use of new therapies and are indicated for structured recording of post-marketing data, and the evaluation of such measures appears to be necessary for the continuous improvement. </jats:p>
Scientific Presentations with L A T E X
No full textAbstract In this article, we show how scientific presentations can be created based on the KOMA -Script document class scrartcl. The main advantage of the suggested approach is that the presentation slides allow for easy copyand-paste of content from other L A T E X documents such as research papers or handouts. Therefore, presentations slides are quickly generated, without the author having to learn how to use other L A T E X presentation packages. Additionally, in contrast to the rather overused templates of the more common presentation packages, the slides can be individually created and thus tailored to the topic of the presentation
Rethinking Culpability and Wrongdoing (in the Criminal Law—and Everyday Life)
No full textDetermining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted. For instance, the U.S. Model Penal Code uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This prevailing perpetrator-centric approach, mirrored in U.S. state and federal laws and academic discourse, affects individual cases and has far-reaching societal implications.
Viewed this way, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator caused. “Culpability,” on the other hand, is said to complete the picture by revealing what was going on in the perpetrator’s mind at the time of the offense so that the justice system can assess their moral blameworthiness and associated legal guilt.
This Article critically examines this dominant conception of culpability, highlighting its shortcomings. The central point is that criminal conduct should be thought of as involving two distinct forms of “injury” to the victim. One form of injury is commonly accepted, while the other (the focus of this Article) has been widely overlooked.
First, we have the uncontroversial tangible harm the perpetrator caused to the victim’s person or property. A second form of injury is far less visible, though equally significant. In addition to imposing actual or threatened harm, the perpetrator\u27s conduct also imposes or threatens to impose an unequal standing on the victim (that is, a wrong).
This Article not only explains this second distinct class of injury—wronging through the imposition of unequal standing—but also highlights the failure of the U.S. justice system to adequately recognize and address it, underscoring the need for reform. By viewing culpability through the victim-centric lens, this Article introduces a fresh perspective that explicitly acknowledges and accurately labels the imposition of unequal standing as a distinct and profoundly relevant injury. This approach encourages a more holistic appreciation of a perpetrator’s conduct, one that considers not just the physical harm but also the psychological and social impact on the victim, specifically, and society, more generally.
This is not just a theoretical exercise but a necessary shift in our understanding of criminal justice. The proposed approach materially furthers criminal punishment’s expressive and descriptive objectives, provides a more accurate and comprehensive account of crime’s adverse effects on the victim, and puts the U.S. justice system in a position to better foster the equality-supporting civic bonds and shared norms vital to a flourishing society
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