1,721,017 research outputs found
Fatty acid ethyl esters in hair: a correlation between self-reported and verified ethanol use
No full textCompensation for Personal Injury in a Comparative Perspective: The Need to Bridge Legal and Medicolegal Knowledge, G.Comandé
No full textThis chapter gives a transnational overview on the different judicial and legislative models adopted for personal injury and damage compensation. An alleged constant increase in awards and the difficulties linked to the subjectivity of the assesment and quantification of nommaterial damages raise the need for a more harmonized model capable of providing justice and equal treatment across the world. By means of a comparative analysis, the chapter explores the lasting debate that surrounds economic and noneconomic damages for personal injury and the diverse techniques used for awarding intangible losses. It further proposes an in-depth analysis of selected common law (e.g., England, Scotland, the USA) and civil law systems (e.g., France, Germany, Italy) highlighting the pros and cons of each and prospecting a solution for increasing horizontal and vertical equality without necessarily impeding an inevitable variability of awards among different jurisdictions
From Scientific Evidence to Juridical Proof
No full textThe valorization of scientific evidence provided by the expert as evidence in the trial framework has been
revised, as well as the role of the judge, in light of the assumptions derived from the Daubert Judgment.
The criterion of “general acceptance” of evidence obtained from the published literature in journals
subjected to peer-review and the expert’s reputation can be helpful, particularly in cases where there is an
open debate within the scientific community. It is the judge, however, who must take on the role of
gatekeeper of the validity of evidence, to consent to its probatory admissibility, through a preliminary
comprehension of the methods of science. The evaluation of reliability and admissibility of evidence is
also reflected in the areas of medical malpractice and professional liability. Standards of care may be
derived from an analysis not only of the guidelines, but also of other scientific sources to be subjected to
the usual proof of admissibility, as well as new research paths that take account of personalized medicine
and the application of guidelines to the individual
G. Comandé, International Juridical Overview on Personal Injury Compensation
No full textIn the last decades there has been increasing attention given to non-pecuniary component of damages. In a rich society it is possible to grant more legal rights, because there are more resources to dedicate to their protection. If the theory that the richer the society the wider the scope of compensation for non-pecuniary losses has some truth in it, it can certainly be found historically in the evolution of the assessment in case of ascertainable illnesses. This chapter explores the Anglo-American, the French and the Italian experiences in non-economic damages compensation, against the idea that non-pecuniary damages compensation is somehow a societal response to emerging legally protected interests. As far as compensation for non-economic harms in other instances, further research and analysis are required, although the growing societal explanation seems to be in line with an expanding attention to the mental state of the victims. © Springer International Publishing AG, part of Springer Nature 2017
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
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