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Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A specimen of Rana was collected at 24°34'5. 06″ N, 104°54'18. 15″ E, altitude at 1, 359 m in Jinzhongshan Mrs. Hume's Pheasant National Nature Reserve of Guangxi, China in July 2021. Compared the morphological characteristics with other species of the genus Rana the specimen is similar to R. chaochiaoensis. The Bayesian inference and Maximum likelihood trees constructed based on 12S rRNA and 16S rRNA genes sequences showed that this specimen was clustered with the R. chaochiaoensis type locality specimen with very high support. The genetic distance between the specimen and R. chaochiaoensis was 0. 4%, was much lower than that between other Rana species. Combined with morphological and molecular identifications, the specimen collected in Longlin was identified as R. chaochiaoensis, which provides the new evidence for the distribution of R. chaochiaoensis in Guangxi. [ABSTRACT FROM AUTHOR]

Reopening of criminal proceedings is a legal way to examine the factual basis of a final judgment based on an extraordinary legal remedy. The examination of the factual basis of the final judgment is initiated by the submission of a request for reopening the proceedings. This extraordinary remedy was established with the aim of establishing the truth in the criminal procedure, and is contrary to the principle of ne bis in idem. The factual deficiencies of a final judgment are remedied on the basis of new, or newly discovered facts, or evidence that arose after the finality of the judgment. Article 473 of the Criminal Procedure Code envisages the reasons for repeating the criminal proceedings. They can be grouped in various ways. One of the groups includes new facts and evidence, as a reason for repeating the proceedings. First of all, there are new facts and evidence that per se or in concert with other evidence may lead to a acquittal, or a repudiation judgment, or condemnation on a more lenient law (Article 473, para. 1, point 3 of the CPC). This group also includes new facts and evidence indicating that the defendant did not commit any of the actions of an extended criminal offense, or other offence, which includes several acts (Article 473, para. 1, point 5 of the CPC). The new facts and evidence, which would lead to a milder criminal sanction, are another reason that we classify in this group (Article 473, para. 1, point 6 of the CPC). Finally, there are also new facts and evidence that the defendant was not properly summoned for the main trial, which was held in his/her absence (Article 473, para. 1, point 7 of the CPC). Compared with the procedural laws of other states, our CPC provides a lot of grounds for reopening the procedure. In this way, an adequate legislative framework was provided for making a more favorable decision on the defendant in the procedure for this extraordinary legal remedy. Although the envisaged grounds for reopening criminal proceedings constitute a satisfactory basis for instituting proceedings under this extraordinary legal remedy, further clarification de lege ferenda is necessary. Our procedural law prohibits reopening criminal procedure to the detriment of the defendant. The prescription of the repetition of the proceedings to the detriment of the defendant, in some future revision of the procedural code, would not be contrary to the Constitution, except that, in the case of the merits of the request, the outcome would have been the adoption of the declaratory judgment. There are also interpretations that the Constitution allows both the conduct of the proceedings and rendering the decision at the detriment of the defendant in the procedure for extraordinary legal remedies. In that case, in the future, a reduced number of grounds for reopening the proceedings should be envisaged at the detriment of the defendant.

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Yearbook of Banjaluka Law School / Godisnjak Pravnok Fakulteta u Banjaluci is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The reliability of CBA and the capital investment analysis is often questioned because of the controversy surrounding the assumption of reinvestment. The validity of this assumption is evaluated using new approaches and the results are summarised in this paper. These results provide sufficient evidence that there is no reinvestment of intermediate income in the internal rate of return ( IRR) or net present value ( NPV) estimates. The results are consistent under both normal and non-normal cash flow projects. Obviously, text books dealing with capital investment analysis should move away from such an assumption. The CBA and the capital investment analysis using the IRR and NPV is, therefore, reliable. [ABSTRACT FROM AUTHOR]

El artículo analiza la revisión de las sentencias condenatorias firmes, restringiéndose principalmente a la causal letra d) del artículo 473 del Código Procesal Penal. Sobre la base tanto de un estudio conceptual relativo a la regulación legal vigente, como empírico a la luz de la aplicación de la disposición que se comenta, los autores dan cuenta de dos tipos generales de problemas: de diseño legislativo y de interpretación jurisprudencial. Se destaca la necesidad de diferenciar adecuadamente los requisitos que hacen procedente la acción de revisión, proponiéndose cual debe ser la interpretación correcta.The article analyzes the wrongful conviction claim, primarily the provision letter d) article 473 of the Chilean Code of Criminal Procedure. On the basis of a conceptual study concerning the current legal regulation, and a empirical study in light of the application of the provision discussed, the authors account for two general kinds of problems: of legislative design and judicial interpretation. It stresses the need to properly differentiate the requirements of the wrongful conviction procedure, proposing an interpretation that should be deemed correct.

我國智慧財產法院即將在2007 年3 月成立，依司法院所公布智慧財產法院組織法草案及智慧財產案件審理法草案內容觀之，其中牽涉商標、專利行政訴訟審理變動較大者，為智慧財產案件審理法草案第33 條第1 項之規定。該條項關於撤銷、廢止商標註冊或撤銷專利權之行政訴訟中，當事人於言詞辯論終結前，就同一撤銷或廢止理由提出之新證據，智慧財產法院應由實體加以審酌之規定，改變了向來行政法院於行政訴訟中，對所提新證據不予審酌的傳統實務見解。此部分法制之變更，對行政訴訟審理運作將有何影響？應為從事實務工作者所關心。本文分就商標、專利行政訴訟現制與未來 新制規定作一介紹，併就可能之影響作一初步分析，期能有助從事商標、專利行政訴訟實務工作者對新制發展的瞭解。 Intellectual Property (IP) Court is planed to be established in March 2007 in Taiwan. Reviewing the draft of IP Court Organic Law and the draft of IP Trial Laws published by Judicial Yuan, it is clear that the paragraph Ⅰof Article 33 of IP Trial Law will become the most influential factor in IP trials. Under the current law, the administrative courts are not required to consider the new evidences the party submitted based on the same reason to revoke or repeal trade mark right or patent right after the decision made by the IP Office. However, according to the draft, those evidences should be taken into consideration by IP Court before the conclusion of oral proceedings at trials. The new law will change IP trials crucially. This report wants to introduce this change and evaluate how it will influence the legal system. By comparing the two systems and pointing out the differences, this report wants to provide a general understanding of the drafts as well as the new changes for IP practitioners.

Many philosophers regard the imprecise credence framework as a more realistic model of probabilistic inferences with imperfect empirical information than the traditional precise credence framework. Hence, it is surprising that the literature lacks any discussion on how to update one's imprecise credences when the given evidence itself is imprecise. To fill this gap, I consider two updating principles. Unfortunately, each of them faces a serious problem. The first updating principle, which I call 'generalized conditionalization,' sometimes forces an agent to change her imprecise degrees of belief even though she does not have new evidence. The second updating principle, which I call 'the generalized dynamic Keynesian model,' may result in a very precise credal state although the agent does not have sufficiently strong evidence to justify such an informative doxastic state. This means that it is much more difficult to come up with an acceptable updating principle for the imprecise credence framework than one might have thought it would be. [ABSTRACT FROM AUTHOR]

Copyright of Intersecciones en Antropología is the property of Universidad Nacional del Centro de la Provincia de Buenos Aires, Facultad de Ciencias Sociales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Lipton contends that the no-miracle argument is illegitimate, because it fails to adduce new evidence beyond that cited by scientists for their theories. The debate on this issue between Lipton and Psillos has focussed on whether there is a construal of the no-miracle argument in relation to first-order scientific inferences that can yield new evidence. I move away from this focus without taking sides, and argue that the no-miracle argument, on its two popular interpretations, is as legitimate, cogent, and useful an inductive argument for scientific realism as first-order scientific inferences to the best explanation even if it does not add to scientific evidence. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses several court cases. An appellant was convicted at Northampton, England's Crown Court on two counts of incitement to distribute an indecent photograph of a child and three counts of attempting to incite the distribution of an indecent photograph of a child. Peter Coonan was convicted of 13 counts of murder and pleaded guilty to seven counts of attempted murder. Abbas Iqbal and his brother Ilyas Iqbal were convicted of various terrorism-related offences and applied for leave to appeal against their convictions.

Summary: Objective: To update evidence for available therapies in the treatment of hip and knee osteoarthritis (OA) and to examine whether research evidence has changed from 31 January 2006 to 31 January 2009. Methods: A systematic literature search was undertaken using MEDLINE, EMBASE, CINAHL, AMED, Science Citation Index and the Cochrane Library. The quality of studies was assessed. Effect sizes (ESs) and numbers needed to treat were calculated for efficacy. Relative risks, hazard ratios (HRs) or odds ratios were estimated for side effects. Publication bias and heterogeneity were examined. Sensitivity analysis was undertaken to compare the evidence pooled in different years and different qualities. Cumulative meta-analysis was used to examine the stability of evidence. Results: Sixty-four systematic reviews, 266 randomised controlled trials (RCTs) and 21 new economic evaluations (EEs) were published between 2006 and 2009. Of 51 treatment modalities, new data on efficacy have been published for more than half (26/39, 67%) of those for which research evidence was available in 2006. Among non-pharmacological therapies, ES for pain relief was unchanged for self-management, education, exercise and acupuncture. However, with new evidence the ES for pain relief for weight reduction reached statistical significance, increasing from 0.13 [95% confidence interval (CI) −0.12, 0.36] in 2006 to 0.20 (95% CI 0.00, 0.39) in 2009. By contrast, the ES for electromagnetic therapy which was large in 2006 (ES=0.77, 95% CI 0.36, 1.17) was no longer significant (ES=0.16, 95% CI −0.08, 0.39). Among pharmacological therapies, the cumulative evidence for the benefits and harms of oral and topical non-steroidal anti-inflammatory drugs, diacerhein and intra-articular (IA) corticosteroid was not greatly changed. The ES for pain relief with acetaminophen diminished numerically, but not significantly, from 0.21 (0.02, 0.41) to 0.14 (0.05, 0.22) and was no longer significant when analysis was restricted to high quality trials (ES=0.10, 95% CI −0.0, 0.23). New evidence for increased risks of hospitalisation due to perforation, peptic ulceration and bleeding with acetaminophen >3g/day have been published (HR=1.20, 95% CI 1.03, 1.40). ES for pain relief from IA hyaluronic acid, glucosamine sulphate, chondroitin sulphate and avocado soybean unsponifiables also diminished and there was greater heterogeneity of outcomes and more evidence of publication bias. Among surgical treatments further negative RCTs of lavage/debridement were published and the pooled results demonstrated that benefits from this modality of therapy were no greater than those obtained from placebo. Conclusion: Publication of a large amount of new research evidence has resulted in changes in the calculated risk–benefit ratio for some treatments for OA. Regular updating of research evidence can help to guide best clinical practice. [Copyright &y& Elsevier]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article the effect of defense spending on aggregate output is discussed. Recent publications in this area are reviewed and new additional evidence is provided. The findings presented in this paper are supportive of the positive effect of defense spending. However, in light of the contrary evidence presented in other papers, empirical evidence taken as a whole, suggests that a definitive conclusion about the effect of defense spending at this time should be avoided. [ABSTRACT FROM AUTHOR]

Copyright of Revista Umbral Científico is the property of Universidad Manuela Beltran and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)