Academic literature on the topic 'Fresh and compelling evidence exception'
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Journal articles on the topic "Fresh and compelling evidence exception"
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Wang, Gang. "Design and Realization of Network Gambling Crime Investigation System." Applied Mechanics and Materials 687-691 (November 2014): 1712–15. http://dx.doi.org/10.4028/www.scientific.net/amm.687-691.1712.
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The article discusses the investigation of net gambling. In the world, according to different states have different attitude; the section concludes the illegality of net gambling. Initiation of investigation has two categories: automatic initiation and compelling initiation, we should choose the latter, but it should have exception. The specific countermeasures are collecting leads from citizens’ reports or the public security organs’ conduct. Then the public security organs should find out the truth of the case, arrest the suspects and obtain the evidence. When the investigations were concluded, the organs should remove it to procurator ate for examination, or quash the case, in accordance with the following elements: the facts, evidence and legality. At the last of the section, specific investigation countermeasures for different kinds of net gambling are discussed.
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Huang, Rong, Xiaojun Lin, Xunzhuo Xi, and Desmond Chun Yip Yuen. "The effect of earnings management on external loan price: evidence from China." International Journal of Accounting & Information Management 30, no. 2 (March 15, 2022): 277–300. http://dx.doi.org/10.1108/ijaim-11-2021-0225.
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Purpose This paper aims to explore how external creditors assess firms’ financial aggressiveness in China. Design/methodology/approach Using bank loan-specific data, the authors investigate whether firms exhibit greater costs of bank loans when they engage in earnings manipulation and whether this association changes when restrictions on lenders’ compensation are promulgated. Findings The authors find compelling evidence that bank executives charge higher premiums on firms with accrual earnings management to compensate for additional financial risk but do not charge extra loan prices for firms conducting real earnings management (REM). The authors also find that the enactment of Robust Bank Executive Compensation (REBC) enhances the vigilance of bank executives on the overall client firms’ earnings manipulation, with the exception of REM conducted by state-owned firms. Originality/value The authors extend the current literature on the cost of external loans by focusing on bank loans and the influence of REBC. This study offers implications for policymakers in China and other emerging economics to control loan default and financial risk.
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Savage, Kerry J. "Therapies for Peripheral T-Cell Lymphomas." Hematology 2011, no. 1 (December 10, 2011): 515–24. http://dx.doi.org/10.1182/asheducation-2011.1.515.
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AbstractPeripheral T-cell lymphomas (PTCLs) are a rare and heterogeneous group of disorders that, for the most part, are associated with a very poor prognosis. The standard therapy for PTCLs is CHOP (cyclophosphamide, doxorubicin, vincristine, and prednisone) or a comparable CHOP-like regimen that incorporates anthracyclines. With the exception of anaplastic lymphoma kinase–positive anaplastic large cell lymphoma (ALK+ ALCL), the cure rate for PTCLs with CHOP is low, and limited evidence suggests that anthracyclines do not improve the prognosis. However, there is no compelling evidence that any other regimen or approach is superior. It remains challenging to compare alternative therapies or treatment strategies with CHOP because the majority of data are retrospective and include diverse patient populations. Recently, prospective studies have been initiated exclusively for PTCL, and in some, select histologic subtypes are evaluated in an effort to remove heterogeneity. Encouragingly, there have been several new therapies emerging with activity in PTCLs and exciting novel combinations under consideration that will hopefully move the field forward and improve outcome in this challenging group of diseases.
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Ulviya Hajibala Azizova, Samira Arif Baghirova, Rana Rufat Rahimova, and Gulnara Sabir Dashdamirova. "Vitamin D: Structure and mechanism of action." World Journal of Biology Pharmacy and Health Sciences 9, no. 3 (March 30, 2022): 036–41. http://dx.doi.org/10.30574/wjbphs.2022.9.3.0052.
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Vitamin D has received more attention in recent years as a result of the resurgence of vitamin D deficiency and rickets as a global health issue, as well as compelling evidence in the laboratory indicating that 1,25-dihydroxy vitamin D3 [1,25(OH)2D3], the hormonally active form of vitamin D, generates several extraskeletal biological responses such as inhibition of breast, colon, and prostate cancer cell progression; effects on the cardiovascular system; and protects against. This review covers our present knowledge of vitamin D and its bioactivation, as well as fresh findings that have altered our understanding of vitamin D activity in both classical and nonclassical target tissues. This page also assesses vitamin D's alleged involvement in extraskeletal health, provides an overview of 1,25(OH)2D3 analogs that have been created, and highlights unanswered problems.
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Silveira, RML, and B. Weiss. "Evidence for herbaceous seed dispersal by small-bodied fishes in a Pantanal seasonal wetland." Brazilian Journal of Biology 74, no. 3 (August 2014): 588–96. http://dx.doi.org/10.1590/bjb.2014.0089.
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We analysed the germination of seeds after their passage through the digestive tract of small floodplain fishes. Samples were collected in five open flooded fields of the northern Pantanal in March 2011. All fishes were sacrificed and their intestinal contents were removed. The fecal material was weighed and stored at 4°C in a GF/C filter wrapped in aluminum foil. The material was then transferred to a receptacle containing sterilised soil from the sampling area. The fecal samples were kept in a germination chamber for 68 days and then transferred to a greenhouse for another 67 days. We collected a total of 45 fish species and 1014 individuals which produced a total amount of 32g of fresh fecal mass and 11 seedlings. We were able to identify six seedlings: two Banara arguta, two Steinchisma laxa, one Hymenachne amplexicaulis and one Luziola sp.. The fish species that produced samples with seedlings were Astyanax assuncionensis, Metynnis mola, Plesiolebias glaucopterus, Acestrorhyncus pantaneiro and Anadoras wendelli. With the exception of B. arguta the remaining plant species and all fish species were not known to be associated with the seed dispersal process of these plants. We found a ratio of 0.435 seedlings.g–1 of fresh fecal material, which is 100 times higher than the amount of seedlings encountered in fresh soil mass (92,974 grams) in seed bank studies conducted in the same study area. In particular, Astyanax assuncionensis and Metynnis mola were among the most frequent and most abundant fish taxa in the area. Together with the high seed concentration in the fish fecal material, this evidence allows us to conclude that such fish species may play an important role in seed dispersal in the herbaceous plants of the Pantanal.
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King, Jaime Staples, and Benjamin W. Moulton. "Rethinking Informed Consent: The Case for Shared Medical Decision-Making." American Journal of Law & Medicine 32, no. 4 (December 2006): 429–501. http://dx.doi.org/10.1177/009885880603200401.
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In law, with rare exception such as legislative action, change is evolutionary and methodical. Unlike biomedical science where a breakthrough can quickly lead to dramatic changes in medical practice, legal precedent is more adherent and must evolve either through the legislative process or on a court by court basis in case law. Nevertheless, compelling evidence will pave the road to change within the law. Health care research conducted over the last three decades has produced a body of empirical evidence that suggests an overhaul of our current legal standards of informed consent is overdue.This article uses health services research to examine the fundamental assumptions of our current informed consent laws and propose legal reform. Much has been written on how to bring the law to bear on medical practice in order to improve patient rights and protect physicians, but far less has been done to bring the practice of medicine to inform our legal standards. Prior legal scholarship on informed consent has made arguments regarding reform from both ethical and legal perspectives; however, only a small few have incorporated clinical and health services research as well as ethical and legal principles to analyze informed consent.
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Mainville, Denise Y., Thomas Reardon, and Elizabeth M. M. Q. Farina. "Scale, scope, and specialization effects on retailers’ procurement strategies: evidence from the fresh produce markets of São Paulo." Revista de Economia e Sociologia Rural 46, no. 1 (March 2008): 207–27. http://dx.doi.org/10.1590/s0103-20032008000100009.
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Worldwide, the emergence of large supermarket chains in food retail markets is often associated with the marginalization of smaller retailers. A notable exception exists in Brazil, however, where small retailers have held their place in the market and recently even gained ground. The literature investigating how retail concentration has affected agrifood chains has focused activities of the largest retail chains, implicitly holding the scale, scope and specialization of retailers’ input needs constant, and overlooking the influence of these factors on retailers’ procurement strategies. This paper tests hypotheses regarding these variables’ effects on retailers’ fresh produce procurement strategies. Data is drawn from a survey of retailers in metropolitan São Paulo. The research results provide insight into factors underlying retailers’ procurement strategy choices and tradeoffs among options. The results support the fundamental hypothesis of the paper that research on the competitive strategies of smaller retailers in a context of market domination by large retailers should not focus exclusively on the degree to which the smaller retailers imitate the larger retailers rather it should account for the possibility that the underlying characteristics of the retailers may make diverse competitive strategies appropriate.
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Lippke, Richard L. "Modifying Double Jeopardy." New Criminal Law Review 15, no. 4 (2012): 511–41. http://dx.doi.org/10.1525/nclr.2012.15.4.511.
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The question addressed concerns the defensibility of that part of the Constitutional ban on double jeopardy which forbids the state from retrying criminal defendants for the same crimes of which they have earlier been acquitted. A procedure for permitting the retrial of such defendants is developed and defended. This procedure would allow acquittals to be quashed if state officials can convince a court that they have fresh, reliable, and compelling evidence of a person's guilt. The stock arguments in favor of a ban on double jeopardy are considered in light of this proposal and shown to be unpersuasive. A variety of other arguments against the proposal are likewise shown to be unconvincing. Particular attention is paid to the concern that the procedure might produce convictions of innocent people. This possibility is shown to be remote and thus not a reasonable ground for refusing to attempt to correct substantively mistaken acquittals.
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Panagariya, Arvind. "A Re-examination of the Infant Industry Argument for Protection." Margin: The Journal of Applied Economic Research 5, no. 1 (February 2011): 7–30. http://dx.doi.org/10.1177/097380101000500102.
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Though a logically tight case for infant industry protection has never been made, proprotection authors have claimed its truth since at least its statement by Alexander Hamilton in 1791. In the 1970s and the 1980s, the argument had receded into the background following its influential critiques by trade economists James Meade, Harry Johnson and Robert Baldwin. But globalisation critics have recently revived it giving it new guises. This requires a fresh response from pro-free trade economists so that the fog is removed yet again and clear thinking restored. Accordingly, in this paper, I revisit the argument and its logical flaws. I demonstrate that the new packaging provided by proprotection authors cannot hide the fundamental logical flaws in the argument. Nor is there compelling evidence of successful infant industry promotion once the costs and benefits are both taken into account instead of just the benefits. The argument is often pegged on externalities. But once the precise source of the externality is pinned down, protection as an instrument to correct it turns out to be ineffective.
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Morlock, Glenn P., Frances C. Tyrrell, Dorothy Baynham, Vincent E. Escuyer, Nicole Green, Youngmi Kim, Patricia A. Longley-Olson, et al. "Using Reduced Inoculum Densities of Mycobacterium tuberculosis in MGIT Pyrazinamide Susceptibility Testing to Prevent False-Resistant Results and Improve Accuracy: A Multicenter Evaluation." Tuberculosis Research and Treatment 2017 (2017): 1–9. http://dx.doi.org/10.1155/2017/3748163.
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The primary platform used for pyrazinamide (PZA) susceptibility testing of Mycobacterium tuberculosis is the MGIT culture system (Becton Dickinson). Since false-resistant results have been associated with the use of this system, we conducted a multicenter evaluation to determine the effect of using a reduced cell density inoculum on the rate of false resistance. Two reduced inoculum densities were compared with that prescribed by the manufacturer (designated as “BD” method). The reduced inoculum methods (designated as “A” and “C”) were identical to the manufacturer’s protocol in all aspects with the exception of the cell density of the inoculum. Twenty genetically and phenotypically characterized M. tuberculosis isolates were tested in duplicate by ten independent laboratories using the three inoculum methods. False-resistant results declined from 21.1% using the standard “BD” method to 5.7% using the intermediate (“A”) inoculum and further declined to 2.8% using the most dilute (“C”) inoculum method. The percentages of the resistant results that were false-resistant declined from 55.2% for the “BD” test to 28.8% and 16.0% for the “A” and “C” tests, respectively. These results represent compelling evidence that the occurrence of false-resistant MGIT PZA susceptibility test results can be mitigated through the use of reduced inoculum densities.
Books on the topic "Fresh and compelling evidence exception"
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McNarry, Melitta A., and Neil Armstrong. Aerobic trainability. Edited by Neil Armstrong and Willem van Mechelen. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780198757672.003.0034.
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The key parameters of aerobic fitness are arguably peak oxygen uptake (V̇O2), pulmonary V̇O2 kinetics, blood lactate/ventilatory gas exchange thresholds, and exercise economy. The effects of training on these parameters are well-established in adults but, with the exception of peak V̇O2, data from children and adolescents are sparse and confounded by methodological and ethical issues. It has been hypothesized that children lack trainability due to the existence of a maturation threshold that must be surpassed before training adaptations manifest themselves. While a persuasive theoretical argument exists regarding the reality of a maturation threshold, there is no compelling empirical evidence to support it. The extrapolation of a training-induced increase in aerobic fitness to enhanced youth sport performance is complex, and sport-specific research models need to be developed and implemented. To determine the mechanisms underpinning aerobic trainability during youth, rigorous investigations utilizing recent advances in non-invasive technologies are required.
Book chapters on the topic "Fresh and compelling evidence exception"
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Hamer, Kenneth. "Experts." In Professional Conduct Casebook. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198817246.003.0029.
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Richards J said that the Committee’s finding under head 5(c) that B’s examination of the patient was not inappropriate and was clinically indicated was untenable. The finding was inconsistent with the only expert evidence before the PCC—namely, that of E, a highly qualified and experienced ENT consultant. Whilst the Committee was a specialist tribunal with medical expertise of its own, there would have to be clear and compelling reasons, which the learned judge said he could not find, for it to reject expert medical evidence of the kind given by E. Second, the finding was inconsistent with parts of B’s own evidence. An appeal by the Council for the Regulation of Health Care Professionals was allowed on the grounds that the decision was unduly lenient and the matter was remitted to the Committee to reach a fresh decision as to penalty.
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Friedman, David. "Private Prosecution and Enforcement in Roman Law." In Roman Law and Economics, 327–46. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198787211.003.0021.
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Many legal systems show evidence of having evolved out of a decentralized system of privately enforced law. Our very imperfect information on early Roman law, in particular the surviving texts from the law of the Twelve Tables, suggests that that was the case for it as well. Punishments for what we would consider crimes largely consisted of damage payments, while enforcement of court verdicts seems to have been largely the responsibility of the plaintiff, as was compelling the defendant to come to court. The earliest procedure for trial (legis actio sacramento) took the form of a bet on which side’s claim was true, with the money deposited by the losing party forfeiting to the state. Arguably its function, like that of a trial in a feud system such as that of saga-period Iceland, was to establish for third parties which of the two litigants was in the right and so entitled to use force if the losing litigant refused to obey the judgment. There was, however, an exception to that pattern for offenses against religion or directly against the state. Privately enforced systems, most notably early Irish law, make use of sureties to enforce contracts and judgments. The same was true of Roman law throughout its history, although with many detailed differences from the Irish. Over time, responsibility for prosecution and enforcement shifted from the plaintiff to state actors. But even in its final form as codified by Justinian, prosecution of both civil and criminal offenses was primarily the responsibility of private citizens.
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Finkelman, Robert B., and Harvey E. Belkin. "Geological Epidemiology: Coal Combustion in China." In Geology and Health. Oxford University Press, 2003. http://dx.doi.org/10.1093/oso/9780195162042.003.0012.
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In a recent report, the U.S. Environmental Protection Agency (EPA) has concluded that, with the possible exception of mercury, there is no compelling evidence that emissions from U.S. based coal-burning electric utility generators cause human health problems (EPA 1998). However, worldwide, the use of poor quality coal and/or the improper use of coal may cause or contribute to significant widespread human health problems. Health problems caused by impurities in coal, such as arsenic and fluorine, have been reported from the former Czechoslovakia (Bencko 1997) and from China. The World Bank (1992) estimates that between 400 and 700 million women and children are exposed to severe air pollution, generally from cooking fires. A substantial proportion of these people rely on coal for domestic cooking and heating and are thereby exposed to particulates, metal ions, gases (such as SOx), and organic compounds causing potentially serious respiratory problems and toxic reactions. Although addressing human health problems is the domain of biomedical and public health scientists, geoscientists have tools, skills, databases, and perspectives that may help the medical community address environmental health problems. Geoscientists are best equipped to characterize natural resources such as rocks, soils, and water. Various analytical tools used to characterize these natural materials have also been used effectively to characterize materials such as ambient dust and the products of coal combustion that cause or contribute to human health problems. In this chapter, we describe some of the geologic and geochemical tools being used to address arsenism and fluorosis caused by residential coal combustion in Guizhou Province, China. Wood had long been the primary energy source in southwest China, but by the early part of the twentieth century the forests were largely denuded and the residents were forced to use alternate sources of fuel. In southwest Guizhou Province, surface exposures of coal are plentiful and coal quickly became the primary fuel for domestic use. Unfortunately, some of these coals have undergone mineralization, causing their enrichment in potentially toxic trace elements such as arsenic, fluorine, mercury, antimony (Sb), and thallium (Tl). Burning the mineralized coals in unvented stoves volatilizes toxic elements and exposes the local population to these emissions.
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Bishop, Renée E., William Humphreys, and Damià Jaume. "Subterranean and Anchialine Waters." In Evolution and Biogeography, 331–58. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190637842.003.0013.
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Crustaceans have successfully colonized the subterranean habitat, and many have become obligate inhabitants, occurring virtually everywhere there are interconnected voids underground. With the exception of most oniscidean isopods and a few talitrid amphipods, subterranean crustaceans inhabit water (stygobionts), where they dominate the stygofauna both in biomass and diversity of species. Four major taxonomic groups predominate: amphipods, isopods, copepods, and ostracods. Although most higher crustacean taxa have representatives in both epigean and subterranean habitats, some groups such as remipedes, thermosbaenaceans, spelaeogriphaceans, bathynellaceans, mystacocarids, and gelyelloid copepods are known only from the subterranean environment. Subterranean habitats vary physically and range from organically rich shallow habitats around seeps to cave systems more than a kilometer deep. Water quality, which can range from fresh to marine to hypersaline, static to flowing, and oxic to suboxic, impacts species distribution. Dispersal patterns in subterranean crustaceans are also diverse. Freshwater stygobiont crustaceans have narrow endemic ranges, and their dispersal is limited by saltwater. The distribution of several freshwater taxa might reflect the movement of tectonic plates. The extraordinarily diverse anchialine fauna, initially distributed along the Tethyan coast, was likely spread by vicariance due to movement of tectonic plates. Originating from epigean ancestors, many stygobionts have a marine origin. While the existence of preadaptations does not necessarily guarantee successful colonization of the subterranean habitat, a suite of characteristics is frequently observed in subterranean crustaceans, with most being weakly chitinized, lacking or with reduced eyes and pigments, and enhanced non-optic sense organs. Metabolic rates tend to be lower than in epigean crustaceans. Limited evidence indicates subterranean crustaceans are longer lived with lower reproductive potential. These adaptations make subterranean crustacean populations particularly vulnerable to anthropogenic impacts. The morphological, physiological, and life history adaptations to a subterranean existence are most likely common responses to the physical environment of each subterranean ecosystem. Extensive biodiversity and phylogeography studies are still required, and there is a pressing need to comprehend the functional role of stygofauna in subterranean waters.
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Allchin, Douglas. "Ahead of the Curve." In Sacred Bovines. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190490362.003.0006.
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Graphs function plainly to summarize data. They hardly seem momentous. They are not like a famous discovery, whose significance is often marked by an eponymous name: Mendel’s laws, the Watson and Crick model of DNA, Darwinian theory. Who would name a mere graph? They seem mundane fragments of science, hardly worth celebrating. A notable exception, however, is the Keeling Curve (Figure 2.1). This simple graph depicts the steady rise in the concentration of carbon dioxide (CO2) in the Earth’s atmosphere over the last half century. It helps document how humans have transformed the atmosphere and, with it, the Earth’s temperature. The Keeling Curve is a linchpin in the evidence that humans have changed the planet’s climate. The Keeling Curve starts in 1958 and continues uninterrupted for over five decades. The scale of the data is extraordinary, an ideal rarely achieved in science. The hard data from real-time measurements show the steady accumulation of CO2 from burning fossil fuels. The results, presented in a simple yet striking visual format, serve to warn an energy-hungry culture of its environmental hubris. Although just a graph, it is monumental in scope and significance. The Keeling Curve, viewed in retrospect, raises an interesting question about how science works. How do such important long-term data sets emerge? Often we assume that scientific investigations find just what they intend to find. That is an implicit lesson of the tidy scientific method, as widely presented (see essay 5). But should we trust this sacred bovine? Could anyone have predicted this curve or its importance in advance? How did these important data originate? What happened before the graph was fully created? What happened, literally, ahead of the Curve? The Keeling Curve is named after its creator, Charles David Keeling. In the 1950s, as a handsome young man frequently enjoying the great outdoors (Figure 2.2), he hardly fit the stereotypical image of a scientist clad in a white coat, isolated in a lab. Indeed, with a fresh degree in chemistry, he turned down many job opportunities because he wanted to be closer to nature on the West Coast.
Conference papers on the topic "Fresh and compelling evidence exception"
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Smith, Richard, Alan Roddis, and Heinz P. Bloch. "Mechanical Seal Efficiency Considerations for Pumps in Utilities: Economics of Seals vs. Packing, and Savings With Best Available Seal Flush Arrangements." In ASME 2008 Power Conference. ASMEDC, 2008. http://dx.doi.org/10.1115/power2008-60068.
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Applicable industrial standards for centrifugal pumps endorse several different sealing options as “best practice.” However, the overall acceptance of best practice techniques seems slow and is linked to the fact that sealing devices account for only a small fraction of the energy consumed by pumps. Yet, regardless of perception, significant energy conservation has been achieved by thoughtful sealing practices, as this paper will show. It will highlight case studies that provide guidance on issues of increasing technical and societal concerns relating to fluid emissions. Special attention will be directed to barrier fluid circulation devices used in dual mechanical seal arrangements as described by API-682 (Ref.1), a Standard widely used in the oil refining and petrochemical industries. The applicability of these ciculation devices to the Power Industry will be explained. Comparisons of three of the most widely used conventional integral flow induction/pumping ring devices will be made and the results of extensive testing presented. The paper and presentation also quantifies the value of advanced sealing technologies for pumps and highlights configurational differences between the newer and the more traditional (older) devices. Without exception, international utilities and power producers know that both energy and maintenance expenditures are affected by availability and reliability considerations relating to power generators and their turbine drivers. But feed water pumps and cooling water issues play their part as well. Consequently, a measure of attention has been given to “other big ticket items”, such as cooling tower losses and the like. However, there is compelling evidence that additional, less prominent or less obvious opportunities exist and that these can no longer be overlooked. Pump sealing falls into that category, although sealing devices and seal cooling account for only a small fraction of the energy consumed by pumps. In can be readily shown that significant energy savings have been achieved by thoughtful sealing practices. The general narrative and the implications conveyed by our case studies give visibility to the issues and provide guidance to the user.