1,239 research outputs found

    Punitive Damages and the Processing of Tort Claims

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    Punitive damages are one of the most controversial aspects of tort litigation and have been the subject of various theoretical, empirical, and experimental studies. One criticism of punitive damages refers to the effect that they have on civil litigation processes. In particular, Polinsky (1997) argues that the uncertainty and unpredictability that punitive damage claims inject into a case may increase both the rate and amount of settlements, thus implying that punitive damages carry systemic consequences for the general processing of tort claims. This paper represents the first, empirical examination of this implication. With one of the largest and most comprehensive data sets of tort litigation (over 25,000 cases filed from 1994 through 1997 in several counties in Georgia), we examine the effect of the decision to seek punitive damages on several major decision points in the tort litigation process in a series of logit regression models. With extensive control variables for type of case, the presence or absence of caps on damages, and other potentially important variables, we find that seeking punitive damages has no statistically significant effect on most phases of the tort litigation process.Torts, Litigation, Punitive Damages, Settlement Rates

    Testing Two Assumptions About Federalism and Tort Reform

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    In, 1996 both the United States House of Representatives and Senate passed legislation that, if enacted, would preempt state tort laws in significant ways. Why would a Congress otherwise apparently committed to vesting states with greater policymaking autonomy call for federal control of tort law? Tort policymaking has traditionally been done at the state level. One assumption underlying this distribution of power is that states are better able than the national government to fashion tort rules appropriate for local conditions and circumstances. In other words, states are thought to have a special competence in crafting tort rules responsive to local needs. Some advocates for tort reform at the federal level maintain, however, that states are incapable or unlikely to develop tort rules – especially in the realm of product liability – consistent with national economic policy. Federal tort reform is needed, so the argument goes, to counter pressures that exist at the state level to use tort law as a vehicle for redistributing wealth from nonresident defendants to resident plaintiffs. Our paper examines these two, contradictory assumptions about state competence in the realm of tort policymaking. First we explore the proposition that states are incompetent to formulate sensible tort law policy, especially in the area of product liability. Second, we employ social scientific research methodology to question whether states have special competence to formulate tort policy

    Antarktis und Australien, die (fast) Unzertrennlichen - ein Ăśberblick

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    Effect of dietary administration of oil extract from rosemary on reproductive efficiency in boars

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    A decrease in reproductive performance in boars during and immediately after hot summer weather has been previously reported (Park and Yi, 2002). High temperature causes germ-cell destruction and results in a temporary decrease in sperm production and fertility. The increase of metabolic activity following thermic stress matches with a higher production of free radicals that impairs cells, such as spermatozoa, particularly rich in polyunsatured fatty acids and poor in antioxidants systems

    Buildings energy performance and real estate market value: An application of the spatial auto regressive (SAR) model

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    The paper explores the role of the buildings energy performance in the definition of the real estate market value, taking in consideration the presence of spatial auto-correlation. At this regard, it is necessary to put in evidence that a great heterogeneity exists on the Italian territory with reference to buildings ener-gy performance; for this reason, being able to identify a class of most performing estimation models, suitable to separate the spatial effects from the influence of the building components - including the energy rating - on the value, seems to be an interesting goal. In particular, this work illustrates an experiment based on the Spatial Auto Regressive (SAR) model implemented on a sample of residential units located in the city of Turin and represents a first step of a more wide research program

    Siagona europaea Dejean and Poecilus (Metapedius) pantanellii A. Fiori (Coleoptera: Carabidae): two clay-soil dwelling species with different uses of the space

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    Siagona europaea and Poecilus pantanellii are two carabid beetles strictly bound to clay soils typical of the Italian Apennines. The first exhibits a very flat body whereas the other has more "normal" proportions, suggesting a very different use of space. We tested the use of space of both species using three sets of live pitfall traps put in place at different depths in the clay soil of a Mediterranean Hedysarum pasture. Poecilus pantanellii is a very early spring breeder and more than 90% of its individuals show epigean locomotory activity. Siagona europaea's activity begins later, when the clay fissures become larger and deeper, and in the months of June and July about 80% of its population lives in the subterranean soil crevices. Morphometric measurements support these space use strategies: P. pantanellii has a wider antenna/eye angle and shorter antennae, indicating a possible visual component in prey recognition, as well as a thicker body and robust trochanters linked to "wedge pushing"; whereas S. europaea has longer antennae and a smaller antenna/eye angle suitable for olfactory-tactile prey recognition, and also has an extremely flat body and small trochanters. In the summer individuals climb up and down in the crevice system of clays searching for their specialised prey (worker ants exploring the space around their ant nests)

    A Comprehensive Anatomical Characterization and Radiographic Study of Stage III Testicular Cancer in a 31-Year-Old Male Patient

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    Presented as a poster at 2020 IUSM Education Day.The purpose of this investigation was to characterize an unusual case of stage III testicular germ cell tumor (TGCT) in a 31-year-old male with metastases to nodes, bone, viscera and brain, and to understand all possible routes of metastatic disease. Testicular cancer (TC) has an increasing incidence worldwide, and its etiology, risk factors and pathogenesis are not completely understood. Medical records were reviewed, and the cadaveric specimen evaluated by physical examination and gross dissection. Paraffin embedded tissue sections of the primary tumor were stained with Hematoxylin and Eosin (H&E) for histological study. To examine metastatic spread, pre- and post-mortem digital radiologic image acquisition was done using x-ray films, and high-resolution CT Scans and MRI Scans. Image analysis, multi-planar reformatting, and three-dimensional (3-D) reconstruction were done on radiographic series. Dissection showed masses bilaterally from the apex through the lung base; masses on the internal thoracic wall, and hepatomegaly and splenomegaly with multiple tumor masses. Testicular parenchyma was composed of primitive germ cells that formed glomeruloid or embryonal-like structures, as well as areas with a micro-cystic histologic pattern and areas of fibrous dysplasia. Medical imaging 3-D video radiographic dissection was notable for a 38.45 mm diameter, mid-brain tumor; extreme hepatomegaly with numerous tumors, a large penetrating tumor of the left ilium, and multiple tumors throughout both lungs and the thoracolumbar spine (T5-S1). This study provides insight into the histology and metastatic spread of TGCT that is essential for clinicians to understand in the evaluation and treatment of TC patients
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