2,485 research outputs found

    The Dispute Settlement Understanding of the WTO Agreement: An Inadequate Mechanism for the Resolution of International Trade Disputes

    Get PDF
    The 1994 signing of the World Trade Organization (WTO) Agreement marked the initiation of the most far-reaching and comprehensive international agreement on trade in the history of the modern world. The creation of an actual trade organization was a marked improvement over the WTO\u27s predecessor, the 1944 GATT, which never formed an organization per se. Among the many improvements to the GATT, the WTO Agreement substantially changed the mechanism for dispute settlement whenever conflict arose between member states. This change, codified as the Dispute Settlement Understanding ( DSU ), was initially hailed as a great improvement over the GATT dispute settlement provisions. Unfortunately, the DSU has not been the comprehensive dispute settlement mechanism its framers had hoped to create. Myriad problems exist with the DSU in its current state, and the remedies to these problems will not come easily. After explaining the history of the GATT, this paper will discuss the current aspects and procedures of the DSU, examine the problems with these procedures, and suggest how the dispute settlement system under the WTO can operate in a more effective and efficient manner

    Punitive Damages in Constitutional Tort Actions

    Get PDF

    Longitudinal Aging Study in India: Vision, Design, Implementation, and Some Early Results

    Get PDF
    India is poised to experience a dramatic rise in its aging population in coming decades, yet comprehensive research and effective policy to confront this transition are lacking. According to projections constructed by the United Nations Population Division, the share of Indians aged 60 and over will increase from 8% today to 19% by 2050 (representing 323 million people, more than the entire US population in 2011). This demographic shift will pose significant challenges. India’s traditional reliance on private family networks to provide older people with care, companionship, and financial support will be stressed not only by the increasing number of aging Indians who rely on it, but also by changing household dynamics and patterns of spatial mobility among younger family members. The Longitudinal Aging Study in India (LASI) is intended to inform the design and expansion of a new generation of institutions – public and private – for the care and support of India’s population of older people by providing comprehensive data to the scientific and policy community. LASI is an evidence base for analyzing the (1) health, (2) economic and financial resources, and (3) living arrangements and social connections of older Indians. It enhances opportunities for cross-national analysis by adding India to the growing number of countries with harmonized data on their older populations. LASI surveys will be carried out every two years, providing longitudinal data to support research and policy development. This paper provides an overview of the conception and content of the 2010 LASI pilot survey that was conducted in four states: Punjab, Rajasthan, Karnataka, and Kerala. We highlight key aspects of the field work, such as response rates and interview duration, and discuss the breadth and quality of the economic, health, and social data collected. We pay close attention to the cultural and geographic diversity LASI is able to capture, and bring to light interesting patterns in, and relationships among, measures of health, social connectedness, labor force participation, and hardship among the elderly.aging, longitudinal, India

    Challenging Certification of a Class Action: A Hypothetical

    Get PDF
    This is intended to be an article for the lawyer whose client is suddenly confronted with one of these Frankenstein monster(s) posing as a class action. Our objective is to set forth the arguments and methods available to counsel in seeking to prevent a class from being certified. In order to sharpen the analysis and arguments we will use a hypothetical class action as a model. Since most of the criticism and praise of the class action device has been focused on complaints filed under section (b)(3), observations will be directed primarily at that part of Rule 23. If, in the end, this writing sounds more like a brief in support of a motion to dismiss a complaint as a class action, rather than a scholarly analysis of Rule 23, we will have accomplished our objective

    Noradrenergic Pharmacotherapy, Intracerebral Infusion and Adrenal Transplantation Promote Functional Recovery After Cortical Damage

    Get PDF
    The research described in this review briefly summarizes evidence that short term pharmacological enhancement of noradrenergic (NA) synaptic activity, combined with symptom relevant experience (SRE), promotes functional recovery of some symptoms of cortical damage in rat, cat and human beings even when treatment is initiated from days to weeks after injury. A summary is provided of the numerous drugs tested in rodent cortical injury models which have been proven useful for predicting beneficial or harmful effects on behavioral outcome in human stroke. The pattern of drug effects indicates a central role for NA in functional recovery. Additionally, studies of the effects of direct intraventricular infusion of monoamine neurotransmitters are reviewed and further support the hypothesized role of NA in recovery from some symptoms of cortical injury. The site of NA/SRE interaction to promote recovery from hemiplegia apparently involves the cerebellar hemisphere contralateral to the cortical injury. Microinfusions of NA into the contra- but not ipsilaterai cerebellar hemisphere dramatically enhance recovery. Furthermore, like its systemic action, microinfusion of the α1- NA receptor antagonist, phenoxybenzamine, reinstates hemiplegia. A “permanent” symptom of motor cortex injury in the cat is the complete loss of tactile placing contralateral to the injury which does not spontaneously recover for as long as seven years after ablation. This posturai reflex is temporarily restored for 8-12 hours following amphetamine administration. However, this permanently lost reflex can be enduringly restored by transplanting catecholamine secreting adrenal tissue into the wound cavity. The experiment is reviewed in detail and involves chromaffin cell autografts into the frontal cortex ablation wound cavity producing a restoration of tactile placing for the 7-10 month duration of the study. This enduring restoration of tactile placing is considered a result of the release of catecholamines into the CNS from the grafted chromaffin cells found, by histochemical methods, surviving 7-10 months after transplant. Lastly, we attribute these delayed treatment effects to an attenuation of a diaschisis, or remote functional depression, in morphologically intact areas anatomically connected to the area of injury. The widespread reduction of glycolytic and oxidative metabolism, produced by focal cortical injury, is normalized by the same treatment which alleviates symptoms and is worsened by drugs which exacerbate deficits. These data support the hypothesis that providing SRE during a period of enhanced NA synaptic activity produces an enduring functional recovery after cortical injury by attenuating remote functional depression. This treatment for enhancing recovery is especially attractive since it is effective even when begun weeks after cortical damage

    First Observational Tests of Eternal Inflation: Analysis Methods and WMAP 7-Year Results

    Get PDF
    In the picture of eternal inflation, our observable universe resides inside a single bubble nucleated from an inflating false vacuum. Many of the theories giving rise to eternal inflation predict that we have causal access to collisions with other bubble universes, providing an opportunity to confront these theories with observation. We present the results from the first observational search for the effects of bubble collisions, using cosmic microwave background data from the WMAP satellite. Our search targets a generic set of properties associated with a bubble collision spacetime, which we describe in detail. We use a modular algorithm that is designed to avoid a posteriori selection effects, automatically picking out the most promising signals, performing a search for causal boundaries, and conducting a full Bayesian parameter estimation and model selection analysis. We outline each component of this algorithm, describing its response to simulated CMB skies with and without bubble collisions. Comparing the results for simulated bubble collisions to the results from an analysis of the WMAP 7-year data, we rule out bubble collisions over a range of parameter space. Our model selection results based on WMAP 7-year data do not warrant augmenting LCDM with bubble collisions. Data from the Planck satellite can be used to more definitively test the bubble collision hypothesis.Comment: Companion to arXiv:1012.1995. 41 pages, 23 figures. v2: replaced with version accepted by PRD. Significant extensions to the Bayesian pipeline to do the full-sky non-Gaussian source detection problem (previously restricted to patches). Note that this has changed the normalization of evidence values reported previously, as full-sky priors are now employed, but the conclusions remain unchange

    Development and validation of the Cannabis Refusal Self-Efficacy Questionnaire (CRSEQ) in adult cannabis users in treatment

    Get PDF
    Background: There are few valid clinical assessment instruments for cannabis. Self-efficacy, or the ability of users to resist temptation, is a central feature of social cognitive theory. This study outlines the development and validation of the Cannabis Refusal Self-Efficacy Questionnaire (CRSEQ), which measures the situational confidence to refuse cannabis
    • …
    corecore