第三人精神上损害之研究

因故意或过失而造成第三人产生精神损害时,是否应负损害赔偿责任?依美国法之规定,与直接受害人存有紧密亲属关系,以及处于“危险范围”与采“正常合理人”标准之第三人,且亲眼目睹受害人严重损害结果者,皆有可能要求赔偿。依我国台湾地区民法之规定,与直接受害人有身份上的关系,过失行为侵害了其身份权利者,且直接受害人受害情节重大,请求权人所受之精神损害亦情节重大时,可加以请求。大陆民法典草案与国际接轨及对人格权重视之基本思考,令人赞赏,但若将学者研究之共识及海外立法相关部分予以参考,增加对第三人遭受精神损害赔偿之规范,则对人权之保障更为完整。     

The Log-Normal zero-inflated cure regression model for labor time in an African obstetric population

In obstetrics and gynecology, knowledge about how women''s features are associated with childbirth is important. This leads to establishing guidelines and can help managers to describe the dynamics of pregnant women''s hospital stays. Then, time is a variable of great importance and can be described by survival models. An issue that should be considered in the modeling is the inclusion of women for whom the duration of labor cannot be observed due to fetal death, generating a proportion of times equal to zero. Additionally, another proportion of women''s time may be censored due to some intervention. The aim of this paper was to present the Log-Normal zero-inflated cure regression model and to evaluate likelihood-based parameter estimation by a simulation study. In general, the inference procedures showed a better performance for larger samples and low proportions of zero inflation and cure. To exemplify how this model can be an important tool for investigating the course of the childbirth process, we considered the Better Outcomes in Labor Difficulty project dataset and showed that parity and educational level are associated with the main outcomes. We acknowledge the World Health Organization for granting us permission to use the dataset.     

Traces in the shadow: Occupational outcomes of previously undocumented migrants in Italy

Using a representative sample of currently legal third-country immigrants in Italy, obtained from the Social Condition and Integration of Foreign Citizens survey, this article examines the long-term labour market consequences of previous undocumented spells. First, formerly undocumented immigrants are identified using retrospective information on respondents' legal status. Second, immigrants are classified according to the duration of irregular spells before the achievement of the first residence permit. Third, current labour market outcomes are investigated to account for the endogeneity underlying the previous undocumented history. Results show that even though formerly undocumented immigrants are more likely to participate in the labour market, they are more likely to be employed in underqualified occupations than continuously legal immigrants. The duration of the irregular experience affects occupational qualification negatively, among both men and women. The lack of legal entry channels and policies to plan and regulate migration to Italy may reinforce labour market segmentation, exposing migrants to long-term occupational downgrade.     

Optimal Steiner trees under node and edge privacy conflicts

Journal of Combinatorial Optimization - In this work, we suggest concepts and solution methodologies for a series of strategic network design problems that find application in highly data-sensitive...