1,062 research outputs found

    The Aftermath of Merck: D&O Insecurity in the Security Fraud Arena

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    This Comment will trace the history of Merck, culminating in the Supreme Court’s extension of the statute of limitations periods for private security fraud suits, and discuss the impact this holding will have on future security fraud litigation, both for investor-plaintiffs and issuer-defendants. Part I will examine the facts and procedural history of Merck, which began in the United States District Court for the District of New Jersey and ultimately reached the Supreme Court of the United States. This procedural background will illuminate the various interpretations existing prior to Merck regarding the events that trigger the statute of limitations period. Part II identifies the core regulations decidedly interpreted by the Supreme Court in Merck, their application to security fraud suits, and the extent of the existing circuit split. Part III extricates the essential holdings of Merck, namely the discovery requirement of scienter as a fact constituting a violation, and the rejection of inquiry notice as “discovery” so as to trigger the statute of limitations. Finally, Part IV advances several potential implications for the decision, including increased numbers of private security fraud suits and difficulty for corporations in assessing risk for purposes of D&O liability insurance

    The prevalence of documentation discrepancies in CITES (Convention on the International Trade in Endangered Species of Wild Fauna and Flora) trade data for Appendix I and II species exported out of Africa between the years 2003 and 2012

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    The international trade in wildlife products is an extremely profitable industry, and is linked to many environmental, social, economic and political problems. The Convention on the International Trade of Endangered Species of Wild Fauna and Flora (CITES) is a non-self-executing multilateral treaty providing a framework for the international trade in wild animals and plants. Unfortunately, CITES wildlife trade data is not always accurate. Export and import trade records between nations rarely align and frequently contain data discrepancies. This study analyzed CITES wildlife trade records for Appendix I and II species exported out of Africa between the years 2003 to 2012 to determine the frequency and types of discrepancies, and to identify nations and species particularly prone to record discrepancies. This study also attempted to profile countries with high and low documentation discrepancy rates based on annual precipitation, proportion of land covered by forest, length of coastline, GEF Benefits Index for Biodiversity, proportion of country designated as protected area, proportion of roads that are paved, number of international airplane departures, national population size, life expectancy, Gini Index, Gross Domestic Product, Mo Ibrahim Index of African Governance and unemployment rate

    Banning Abortions Based on a Prenatal Diagnosis of Down Syndrome: The Future of Abortion Regulation

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    Since the infamous Supreme Court decision, Roe v. Wade, the United States has remained divided, each side unyielding to the other regarding the legal and moral issues surrounding abortion. The issues surrounding abortion have become progressively more politicized, thus threatening a woman’s right to a safe and healthy termination of her pregnancy. Restrictions on a woman’s ability to terminate a child with a genetic disorder, such as Down syndrome, highlight this concern. State restrictions on abortion that prohibit abortions based on a diagnosis of Down syndrome seek to prevent the stigmatization of the Down syndrome community. Regulations, such as these, that prevent a woman from electing a medically sound procedure based solely on her reason for doing so are unconstitutional. This Note explains the history of abortion jurisprudence and genetic abnormalities generally. Further, it discusses abortion law as it pertains to the exceedingly political regulation of abortions that follow a Down Syndrome diagnosis. Lastly, this Note addresses the released early draft opinion, written by Justice Samuel Alito that expressed the Court’s intention to overturn Roe v. Wade

    Wnd/DLK is a critical target of FMRP responsible for neurodevelopmental and behavior defects in the Drosophila model of fragile X syndrome

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    Fragile X syndrome (FXS) is the leading heritable cause of intellectual disability and commonly co-occurs with autism spectrum disorder. Silencing of the Fmr1 gene leads to the absence of the protein product, fragile X mental retardation protein (FMRP), which represses translation of many target mRNAs. Excess translation of these targets is one cause of neuronal dysfunction in FXS. Utilizing the Drosophila model of FXS, we identified the mitogen-activated protein kinase kinase kinase (MAP3K) Wallenda/dual leucine zipper kinase (DLK) as a critical target of FMRP. dFMRP binds Wallenda mRNA and is required to limit Wallenda protein levels. In dFmr1 mutants, Wallenda signaling drives defects in synaptic development, neuronal morphology, and behavior. Pharmacological inhibition of Wallenda in larvae suppresses dFmr1 neurodevelopmental phenotypes, while adult administration prevents dFmr1 behavioral defects. We propose that in dFmr1 mutants chronic Wallenda/DLK signaling disrupts nervous system development and function and that inhibition of this kinase cascade might be a candidate therapeutic intervention for the treatment of FXS

    How does upgrading an emissions inventory affect air quality simulations?

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    Each year, all Member States (MS) have to deliver their national emissions inventory to the European Union for all activity sectors, following the requirements of the CLRTAP programme. Recently, the specifications of this emissions report changed, MS emissions data had to be reported in grid cells with a resolution of 0.5° × 0.5°, and now, from 2015 forward, they must use a higher resolution grid (0.1° × 0.1°). The purpose of this study is to investigate the main differences found between these two emissions inventories for Europe, focusing on Portugal as a case study, using their available common year (2015). Differences on emissions values and their spatial distribution were analysed per sector and pollutant. Additionally, to evaluate and compare the accuracy of both datasets, air quality modelling simulations were performed, and the resulting pollutant concentrations were validated using data from observations. The results found indicated major differences in several MS (e.g. France, Italy, Germany and Spain). Portugal was not one of the delta hotspots but significant differences were still found, mainly for NOx emissions for the transport sectors, both emissions and concentrations in urban areas, as well as NO2 concentrations throughout the study domain. The analysis of the air quality modelling outputs indicates that the EMEP0.1 inventory does not improve model performance, which suggests that the methodology to build EMEP0.1 was not adequate. This work highlights the importance of accurately estimating emissions data and confirms what other studies already indicated regarding uncertainties: solely improving the emissions inventory resolution does not necessarily imply higher accuracy in the results.publishe

    O meio exterior da escola no ensino do estudo do meio

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    O presente relatório apresenta os resultados de um processo investigativo sobre uma intervenção pedagógica desenvolvida numa escola Básica da cidade de Setúbal, no âmbito da unidade curricular de “Estágio IV” do curso de Mestrado em Educação Pré Escolar e Ensino do 1º ciclo do Ensino Básico da ESE/IPS. Pretende-se refletir sobre as potencialidades da utilização do meio exterior da escola para as aprendizagens na área do Estudo do Meio. A intervenção pedagógica desenvolvida e que foi objeto do estudo centrou-se na abordagem com os alunos do tema das atividades produtivas nacionais, através da utilização do meio exterior como contexto e recurso das estratégias de ensino / aprendizagem adotadas. Assim, o espaço exterior à sala de aula, o meio local, enquanto espaço vivido pelos alunos, possibilitaram partir das suas conceções prévias para processos de construção do conhecimento desenvolvidos em atividades de contacto direto e de exploração das realidades locais. Este estudo insere-se no paradigma interpretativo/qualitativo e numa perspetiva metodológica de “Investigação sobre a Prática”. Consequentemente, a observação participante, o inquérito por questionário e por entrevista e a análise documental e de conteúdo foram as técnicas de investigação privilegiadas.This report presents the results of an investigative process on a pedagogical intervention carried out in a Basic School in the city of Setúbal, within the scope of the “Stage IV” curricular unit of the ESE / IPS Master's Degree in Pre-School Education and Primary Education. It is intended to reflect on the potential of using the outside environment of the school for learning in the area of Environment Study. The pedagogical intervention developed, as the object of the study, focused on the approach of the theme of national productive activities, through the use of the external environment as the context and the resource of the adopted teaching / learning strategies. Thus, the space outside the classroom, the local environment, as a space lived by the students, made possible to start from their previous conceptions to processes of knowledge construction developed in activities of direct contact and exploration of local realities. This study is part of the interpretative / qualitative paradigm and a methodological perspective of “Research on Practice”. Consequently, participant observation, questionnaire and interview inquiry and content analysis were the preferred investigative techniques

    Recrutamento e seleção : o caso da Altran Portugal

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    Mestrado em Gestão de Recursos HumanosO presente trabalho final de mestrado, elaborado como relatório de estágio, apresenta uma análise e descrição das funções realizadas durante o estágio na Altran, líder mundial em consultoria de engenharia e research & development, na equipa de sourcing & staffing da unidade de HEAT. O estágio incidiu nas temáticas do recrutamento e seleção, tendo como objetivo principal aplicar os conhecimentos lecionados no mestrado de Gestão de Recursos Humanos no ISEG. A pertinência das temáticas em estudo prende-se pela sua importância para as organizações. É através de processos de recrutamento e seleção estruturados e eficazes que as organizações conseguem atrair, selecionar e integrar candidatos válidos para a organização e retê-los no futuro. O relatório contém um enquadramento teórico sobre a temática em estudo, seguida da descrição da organização e descrição das tarefas realizadas ao longo do estágio, por fim, é realizada uma análise crítica às práticas realizadas na Altran, confrontando-as com a teoria.The present master's thesis presents an analysis and description of the functions carried out during the internship at Altran Portugal, the world leader in engineering and research & development services, in the sourcing and staffing team of the HEAT unit. This internship focused on the topics of recruitment and selection, with the main objective of applying the knowledge taught in the Master of Human Resource Management at ISEG. The pertinence of the themes under study is due to its importance for organizations. It is through structured and effective recruitment and selection processes that organizations can attract, select and integrate valid candidates for the organization, as well as retain them in the future. The report contains a theoretical framework, on the subject under study, a description of the organization, a description of the tasks carried out during the internship and, finally, a critical analysis of the practices carried out at Altran, confronting them with the theory.info:eu-repo/semantics/publishedVersio

    Sustainable energy action plans at city level: a Portuguese experience and perception

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    In order to achieve the targets underlined in the European Strategy for climate change and energy efficiency, the so called 20-20-20 package, the European Commission launched the Covenant of Mayors to endorse and support the efforts deployed by local authorities in the implementation of sustainable energy plans, and at the same time contribute to greenhouse gases emissions mitigation. This paper explores how the Covenant of Mayors (CoM) has been adopted in Portugal, and which type of measures are being defined and implemented by the municipalities. For that, all Sustainable Energy Action Plan (SEAP) submitted by Portuguese municipalities (124) have been examined, for which a detailed analysis was performed, including the Baseline Emission Inventory (70, i.e., around 50%). The municipalities that submitted SEAP cover 60% of the total population of the country because the main urban centres are a part of the 30% that have signed the CoM. Most common measures are related with changes on behaviour and infrastructure related to energy (such as renewable energies, energy efficiency in buildings, public lighting, etc.), waste and transport (for example optimization of: transport infrastructures, used vehicles and road operations). Public lighting is one of the energy measures present in all submitted SEAP, which plays a key role in energy consumption, reaching values of upwards of 12%, particularly in coastal areas due to higher population density and urban residential areas. Besides all efforts there is still a long way to go in terms of energy consumption reduction at local level.publishe

    Has the Pandemic Altered Public Perception of How Local Green Spaces Affect Quality of Life in the United Kingdom?

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    Green spaces unquestionably improve both physical and mental health, but there is little information on how they affect quality of life. This study investigates whether the public perception of how local green spaces and their impact on quality of life have altered as a result of restrictions imposed by the U.K.’s SARS-CoV-2 pandemic containment strategy. Qualitative data were collected using an online questionnaire distributed via social media platforms and postal flyers. The results clearly demonstrate that 90% of participants believe that green spaces improved their quality of life during the pandemic, with over 85% thinking that green spaces will continue to have a positive impact on their quality of life once the pandemic is over. Whether this is a permanent change in public thinking or a short-term adaptation to the stresses of the pandemic can be assessed in future research studies. More detailed research is required to understand more clearly the aspects and types of green spaces that are the most valuable for improving quality of life so that future ones can be designed to provide maximum benefits

    Pattern matching through Chaos Game Representation: bridging numerical and discrete data structures for biological sequence analysis

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    BACKGROUND: Chaos Game Representation (CGR) is an iterated function that bijectively maps discrete sequences into a continuous domain. As a result, discrete sequences can be object of statistical and topological analyses otherwise reserved to numerical systems. Characteristically, CGR coordinates of substrings sharing an L-long suffix will be located within 2(-L )distance of each other. In the two decades since its original proposal, CGR has been generalized beyond its original focus on genomic sequences and has been successfully applied to a wide range of problems in bioinformatics. This report explores the possibility that it can be further extended to approach algorithms that rely on discrete, graph-based representations. RESULTS: The exploratory analysis described here consisted of selecting foundational string problems and refactoring them using CGR-based algorithms. We found that CGR can take the role of suffix trees and emulate sophisticated string algorithms, efficiently solving exact and approximate string matching problems such as finding all palindromes and tandem repeats, and matching with mismatches. The common feature of these problems is that they use longest common extension (LCE) queries as subtasks of their procedures, which we show to have a constant time solution with CGR. Additionally, we show that CGR can be used as a rolling hash function within the Rabin-Karp algorithm. CONCLUSIONS: The analysis of biological sequences relies on algorithmic foundations facing mounting challenges, both logistic (performance) and analytical (lack of unifying mathematical framework). CGR is found to provide the latter and to promise the former: graph-based data structures for sequence analysis operations are entailed by numerical-based data structures produced by CGR maps, providing a unifying analytical framework for a diversity of pattern matching problems
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