Class Certification and the Substantive Merits

The United States Supreme Court, in its 1974 decision, Eisen v. Carlisle & Jacquelin, held that judges should not conduct a preliminary inquiry into the merits of a suit as part of the decision whether to certify a class. The federal courts have struggled ever since to honor Eisen\u27s bar while still conducting a credible certification analysis-a task complicated by the fact that merits-related factors are often relevant to Rule 23 requirements. The result is a muddled body of case law in which courts tend to certify generously and avoid inquiring into the merits of substantive issues even when those issues are crucial to the certification analysis. This approach creates high social costs by inviting frivolous and weak class action suits. This Article argues that the Eisen rule should be abolished. Trial judges should assess competing evidence, not just allegations, and should evaluate case strength whenever the specific requirements of Rule 23 call for an inquiry into merits-related factors. For example, a party relying on a substantive issue to show commonality or predominance should have to demonstrate a likelihood of success on the issue. The Article also goes further and recommends that judges always conduct a preliminary inquiry into the merits before certifying a class, regardless of whether merits-related factors are directly relevant to a specific requirement of Rule 23. The Article first reviews the history of the Eisen rule and surveys the current state of the law, before turning to a policy analysis of the rule\u27s effects. The policy discussion criticizes the traditional arguments and then offers a systematic evaluation of error and process costs. Error costs must be evaluated in light of the extremely high probability of postcertification settlement. Eisen\u27s liberal approach creates a substantial risk of erroneous certification grants that cannot be corrected later when a case settles. This risk coupled with the high likelihood of settlement invites frivolous and weak class action suits. The result is a serious error-cost problem with regard to certification. At the same time, requiring a merits review at the certification stage increases the risk of erroneous certification denials. But for several reasons this risk is not likely to increase dramatically, and the associated costs are not likely to be large. The net result therefore supports a merits inquiry, and this conclusion remains valid even after process costs are added to the policy mix

Pengaruh Ukuran Perusahaan Dan Faktor Regulasi Terhadap Kualitas Implementasi Corporate Governance

Adanya pemisahan antara fungsi kepemilikan (ownership) dan fungsi pengendalian (control) dalam hubungan keagenan sering menimbulkan masalah-masalah keagenan (agency problems). Masalah-masalah keagenan tersebut timbul karena adanya konflik atau perbedaan kepentingan antara principal (pemilik Perusahaan atau pihak yang memberikan mandat) dan agent (manajer Perusahaan atau pihak yang menerima mandat). Teori keagenan (agency theory) berusaha menjelaskan tentang penentuan kontrak yang paling efisien yang bisa membatasi konflik atau masalah keagenan (Jensen dan Meckling, 1976; Eisenhardt, 1989). Corporate governance merupakan respon Perusahaan terhadap konflik tersebut. Corporate governance merupakan cara-cara untuk memberikan keyakinan pada para pemasok dana Perusahaan akan diperolehnya return atas investasi mereka (Shleifer dan Vishny, 1997). Menurut Cadbury (1992), corporate governance adalah sistem untuk mengarahkan (direct) dan mengendalikan (control) suatu Perusahaan/korporasi. Corporate governanace merupakan salah satu elemen kunci dalammeningkatkan efesiensi ekonomis, yang meliputi serangkaian hubungan antaramanajemen Perusahaan, dewan komisaris, para pemegang saham dan stakeholderslainnya. Corporate governance juga memberikan suatu struktur yangmemfasilitasi penentuan sasaran-sasaran dari suatu Perusahaan, dan sebagaisarana untuk menentukan teknik monitoring kinerja (Darmawati, Khomsiyah dan Rika, 2004). Tujuan untuk menguji pengaruh nilai ukuran Perusahaan, dan faktor regulasi terhadap kualitas implementasi corporate governance pada Perusahaan BUMN dan Non BUMN yang terdaftar di CGPI periode 2008-2012. Metode Penelitian penelitian ini bersifat Kuantitatif, dengan rancangan kausal komparatif, menggunakan analisis regresi linier berganda untuk mengetahui pengaruh antara variabel independen yaitu Ukuran Perusahaan dan Faktor Regulasi terhadap variabel dependen yaitu Kualitas Implementasi Corporate Governace. Hasil Penelitian Secara Parsial nilai ukuran Perusahaan dan faktor regulasi berpengaruh signifikan terhadap kualitas implmentasi corporate governance

Management of work-relevant upper limb disorders: a review

Background Upper limb disorders (ULDs) are clinically challenging and responsible for considerable work loss. There is a need to determine effective approaches for their management. Aim To determine evidence-based management strategies for work-relevant ULDs and explore whether a biopsychosocial approach is appropriate. Methods Literature review using a best evidence synthesis. Data from articles identified through systematic searching of electronic databases and citation tracking were extracted into evidence tables. The information was synthesized into high-level evidence statements, which were ordered into themes covering classification/diagnosis, epidemiology, associations/risks and management/treatment, focusing on return to work or work retention and taking account of distinctions between non-specific complaints and specific diagnoses. Results Neither biomedical treatment nor ergonomic workplace interventions alone offer an optimal solution; rather, multimodal interventions show considerable promise, particularly for occupational outcomes. Early return to work, or work retention, is an important goal for most cases and may be facilitated, where necessary, by transitional work arrangements. The emergent evidence indicates that successful management strategies require all the players to be onside and acting in a coordinated fashion; this requires engaging employers and workers to participate. Conclusions The biopsychosocial model applies: biological considerations should not be ignored, but psychosocial factors are more influential for occupational outcomes. Implementation of interventions that address the full range of psychosocial issues will require a cultural shift in the way the relationship between upper limb complaints and work is conceived and handled. Dissemination of evidence-based messages can contribute to the needed cultural shift

A cross-border deforestation index to understand underlying drivers of deforestation

This paper considers a preliminary investigation involving the development of a Cross-Border Deforestation Index (CBDI), which is an attempt to quantify the differences in deforestation between two countries or potentially any two administrative units. In this study, the focus was on countries. For each pair of bordering countries, a 50km buffer zone was drawn and the average value of the Vegetation Continuous Field (VCF) was calculated for each country in the pair. The ratio of these two averages is the CBDI. Values of 1 indicate similar levels of forest cover but values greater than 1 point towards dissimilar land use policies within countries and/or sub-national administrative levels. This index was calculated for all pairs of bordering tropical countries in South and Central America, Asia and Africa. In addition, a visual analysis of the spatial variation of the VCF was undertaken to show how this can complement the CBDI. The results showed that countries such as Argentina, Brazil, Chile, El Salvador, Laos, Thailand and DR Congo, in combination with different neighbouring countries, all have CBDI values differing from 1. These areas are worth examining in greater detail in order to understand what types of drivers are behind these outlying CBDI values. These drivers could include land use policy, population pressure, accessibility, etc. Future work will i nclude the addition of environmental factors. By computing the CBDI for so called Homogeneous Response Units (HRU: areas of similar or identical environmental conditions in terms of soil, altitude and slope), we will be able to examine the changing effect on the CBDI. This work is still ongoing and will be expanded to consider HRU for all country pairs. In addition, regression of the CBDI with different drivers of deforestation will be attempted in order to help identify these underlying causes

Amplified Concern for Social Risk in Adolescence: Development and Validation of a New Measure

In adolescence, there is a heightened propensity to take health risks such as smoking, drinking or driving too fast. Another facet of risk taking, social risk, has largely been neglected. A social risk can be defined as any decision or action that could lead to an individual being excluded by their peers, such as appearing different to one’s friends. In the current study, we developed and validated a measure of concern for health and social risk for use in individuals of 11 years and over (N = 1399). Concerns for both health and social risk declined with age, challenging the commonly held stereotype that adolescents are less worried about engaging in risk behaviours, compared with adults. The rate of decline was steeper for social versus health risk behaviours, suggesting that adolescence is a period of heightened concern for social risk. We validated our measure against measures of rejection sensitivity, depression and risk-taking behaviour. Greater concern for social risk was associated with increased sensitivity to rejection and greater depressed mood, and this association was stronger for adolescents compared with adults. We conclude that social risks should be incorporated into future models of risk-taking behaviour, especially when they are pitted against health risks

Switch from sexual to parthenogenetic reproduction in a zebra shark

Parthenogenesis is a natural form of asexual reproduction in which embryos develop in the absence of fertilisation. Most commonly found in plants and invertebrate organisms, an increasing number of vertebrate species have recently been reported employing this reproductive strategy. Here we use DNA genotyping to report the first demonstration of an intra-individual switch from sexual to parthenogenetic reproduction in a shark species, the zebra shark Stegostoma fasciatum. A co-housed, sexually produced daughter zebra shark also commenced parthenogenetic reproduction at the onset of maturity without any prior mating. The demonstration of parthenogenesis in these two conspecific individuals with different sexual histories provides further support that elasmobranch fishes may flexibly adapt their reproductive strategy to environmental circumstances

Performance Evaluation of Road Traffic Control Using a Fuzzy Cellular Model

In this paper a method is proposed for performance evaluation of road traffic control systems. The method is designed to be implemented in an on-line simulation environment, which enables optimisation of adaptive traffic control strategies. Performance measures are computed using a fuzzy cellular traffic model, formulated as a hybrid system combining cellular automata and fuzzy calculus. Experimental results show that the introduced method allows the performance to be evaluated using imprecise traffic measurements. Moreover, the fuzzy definitions of performance measures are convenient for uncertainty determination in traffic control decisions.Comment: The final publication is available at http://www.springerlink.co

Recall bias during adolescence: Gender differences and associations with depressive symptoms

Background: There is a sharp increase in depression in females in mid-adolescence, but we do not understand why. Cognitive theories suggest that people with depression have negative biases in recalling self-referential information. We tested whether recall biases were more negative in girls in early and mid-adolescence and were associated with depressive symptoms. Methods: 315 young and 263 mid-adolescents (11-12 and 13-15 years) completed a surprise test, assessing recall of social evaluation about the self (self-referential) or another person (other-referential). The short Mood and Feelings Questionnaire measured depressive symptoms. We tested the effects of condition (self-referential/otherreferential), valence (positive/negative), gender, and age group on correct recall (hits) and associations with depressive symptoms. Results: There was no evidence for gender or age differences in positive or negative self-referential recall. Selfreferential positive hits were negatively associated with depressive symptoms (adjusted coefficient=-0.38, 95% CI=-0.69–0.08, p=0.01). Self-referential negative hits were positively associated with depressive symptoms (adjusted coefficient=0.45, 95% CI=0.15-0.75, p=0.003), and this association was stronger in females (adjusted interaction p=0.04). Limitations: The reliability and validity of the recall task are unknown. We cannot provide evidence of a causal effect of recall on depressive symptoms in this cross-sectional study. Conclusions: Adolescents who recalled more self-referential negative and fewer self-referential positive words had more severe depressive symptoms. Females did not demonstrate more recall biases, but the association between self-referential negative hits and depressive symptoms was stronger in females. Negative self-referential recall may be a risk factor for depressive symptoms and is a good candidate for longitudinal studies