Univ., Diss.--Köln, 2006.

Thesis (M.P.A.)--University of Hong Kong, 1998. / Includes bibliographical references (leaf 119-125).

Thesis (M.P.A.)--University of Hong Kong, 1998. / Includes bibliographical references (leaves 119-125). Also available in print.

O presente trabalho foca no cabimento do direito superveniente nos recursos excepcionais, a saber: extraordinário e especial. Contudo, reconhece-se e respeita-se os limites impostos pela necessária exigência do prequestionamento, bem como pela estabilização de demanda, determinativa de que, após específico momento processual os elementos subjetivos(partes) e o elementos objetivos(causa de pedir e pedido), restam por inalteráveis. Procura-se, assim, caracterizar os recursos excepcionais, estabelecendo o que há de mais relevante em comum, depois as peculiaridades e hipóteses de cabimento. Ato contínuo, examina-se o prequestionamento e sua vertentes. Coloca-se também o necessário estudo dos elementos que identificam a demanda, isto é, a tríplice identidade, além de, posteriormente, a estabilização da demanda, sua gênese e aplicabilidade atual. Por fim, trata-se da temática proposta, buscando sistematizá-la. Busca-se, assim, conciliar os institutos propostos, para que as partes em litígio, uma vez respeitado o princípio do contraditório, o ato jurídico e o direito adquirido sejam, efetivamente, beneficiados com o ius superveniens / This present study focus on the supervenient law in the exceptionals petitions both extraordinário and especial . However, it is known that there are imposed limits that are included in the prequestioning and also the lawsuit, determined by specific moment of the process when analyzing the subjective elements and the objective elements, that must remains unchangeable. That way, the exceptional petitions can establish, first of all what is the most relevant, then the peculiarities and hypothesis that fits. It is also important to understand the subject to find elements which identify lawsuit, that is the triple identity and also the establishment of the lawsuit, genesis e use nowadays. After all, it is a way of searching searching an ideal system for this approach. At the end, the objective is to bring up together the institute representative, so that the two different areas in a litigation, respecting even the contradictory terms, the law act and also the right acquired, which can be a benefit of the ius superveniens

Protéiforme, le tiers au marché public se rencontre essentiellement sous deux statuts, selon l’intérêt lésé direct ou indirect qu’il démontrera. Lésé par un manquement aux règles de passation, le tiers est effectivement protégé par le droit, qui instaure à son profit des voies de recours lui permettant tant de contester la légalité du marché que de demander des dommages et intérêts en réparation du préjudice subi. Citoyen, le tiers est défavorisé par sa condition, qui ne lui offre pas toujours les moyens d’actions de nature à satisfaire sa volonté de s’assurer de la légalité des procédures de passation. Il dispose pourtant, au sens du droit européen, d’un intérêt légitime à s’assurer qu’il existe de bonnes procédures de passation. Ce postulat conduira à proposer des solutions juridiques de nature à mettre le droit français en conformité avec ces nouvelles exigences. / The third party in the public procurement essentially meets under two statuses, according to the direct or indirect harmed interest which it will demonstrate. Hurt by a breach on procurement procedure, the third party is actually protected by the law, which establishes in its profit legal remedies allowing him to dispute the legality of the contact as well as asking for compensation for the loss suffered. Citizen, the third party is disadvantaged by its status, which does not always offer him actions likely to satisfy his will to make sure of the legality of the procurement procedure. He has nevertheless, under European law, a legitimate concern to make sure that there are good procurement procedures. That premise will lead to propose legal solutions likely to put the french law in accordance with these new requirements.

Abstract not available

Homoeopathy is a controversial form of medicine that is governed by the premise that highly diluted substances that can a defined set of symptoms in a healthy person can cure a similar set of symptoms in a non-healthy person. The use of highly diluted homoeopathic substances that may no longer be expected to contain any trace of the original substance is contrary to accepted pharmacological theory. In addition to serial dilution, homoeopathic “potentisation” of substances also includes violent agitation of the substance at each dilution step, a process known as “succussion”. The role of this process is not understood. The fact that the mechanism of action of homoeopathic substances is unknown adds to the controversial nature of this therapy.A review of the literature demonstrated that a more rigorous approach to the research of homoeopathy was needed in order to investigate whether homoeopathy could be investigated within a scientifically appropriate context. It was initially proposed that, through the successful replication of an existing trial, a series of clinical trials based on this replication could be conducted to test fundamental questions of homoeopathy. For pragmatic reasons, this initial approach was abandoned. A novel protocol that was subsequently designed to scientifically evaluate the effects of homoeopathy, in particular, the homoeopathic treatment of osteoarthritis of the knee and hip, was subsequently developed.A description of homoeopathy, its development, its placement within the scientific paradigm and its role in the treatment of various clinical conditions is reviewed in Chapter 1. From this literature review, hypotheses were generated to test the effect of the homoeopathic treatment of osteoarthritis. Chapter 2 describes the selection process and proposed replication of a prior clinical trial with a successful outcome upon which to base a further series of clinical trials to test fundamental questions in homoeopathy. The selected study was a randomised, double-blind clinical trial designed to compare the effects of a complex homoeopathic preparation with the effects of paracetamol in the treatment of osteoarthritic knee pain. The study was prematurely terminated when another study presented evidence that the analgesic effect of paracetamol was no better than placebo. The uncertainty that paracetamol was no better than placebo raised doubts as to the validity of any outcome had the trial proceeded. The proposal to develop a series of clinical trials replicating the protocol of this study was postponed as a consequence.Chapter 3 describes the subsequent formation of a ‘think tank’ consisting of epidemiologists, biostatisticians, clinical researchers in complementary medicine and homoeopaths and the subsequent development of a rigorous research protocol for the investigation of homoeopathy within the scientific paradigm. This homoeopathic research model and is described in detail.Chapter 4 describes a randomised, double-blind, placebo-controlled trial with five arms designed to evaluate both the research model and the homoeopathic treatment of osteoarthritis of the hip and knee.Chapter 5 details the results of this clinical trial. No significant difference was demonstrated between individualised homoeopathic treatment, generic complex homoeopathic treatments or placebo. Furthermore, no positive effect on treatments was demonstrated by the inclusion of a full homoeopathic consultation.Chapter 6 provides a discussion of the clinical trial. Possible reasons for the discrepancy between the hypothesised outcomes and the results of the clinical trial are explored and directions for future research are suggested.

The central objective of this interdisciplinary thesis is to articulate a theoretical, doctrinal and political justification for the reintroduction of corporate charter revocation as a remedy to enhance the accountability of corporations in modern society. Corporations were originally conceived of as public institutions granted charters to carry out specific activities in the interests of society. Where a corporation acted outside of its charter, the corporation's charter could be revoked. Over the past 150 years, corporate lawyers have silently amended corporate laws to provide corporations with rights, powers and privileges that exceed those of individuals. Internal institutional regulation through corporate charters has been replaced by external oversight through administrative regulatory mechanisms. Where incorporation was once considered a privilege, today it is a right. Despite these developments, this thesis argues that theory and doctrine still support the paramountcy of the public over the private, and the legal remedies of corporate charter revocation. The thesis contains six chapters including introduction and conclusion. Chapter one introduces the legal principle of corporate charter revocation and demonstrates why such a remedy is necessary in the context of modern corporate law. Chapter two considers the four accepted theories of the corporate structure and asserts that a revised "neo-concessionist" approach continues to inform our understanding of the corporation/state relationship. Chapter three reinforces this theoretical analysis through an historical and doctrinal account of the prerogative remedies of scire facias and quo warranto and the development of statutory charter revocation provisions. Chapter four focuses on the place of the state, specifically the Attorney General, in initiating revocation proceedings and some of the political barriers to reinstating the remedy. Through the exploration of these barriers and consideration of several recent American case studies, an effort is made to develop a strategy for the successful implementation of corporate charter revocation. The paper concludes with some thoughts about various outstanding barriers to the successful utilization of the remedy, the nature and application of corporate charter revocation generally, and calls for a continuation of a broader debate about the place of the corporation in modern society.

Homoeopathy is a controversial form of medicine that is governed by the premise that highly diluted substances that can a defined set of symptoms in a healthy person can cure a similar set of symptoms in a non-healthy person. The use of highly diluted homoeopathic substances that may no longer be expected to contain any trace of the original substance is contrary to accepted pharmacological theory. In addition to serial dilution, homoeopathic “potentisation” of substances also includes violent agitation of the substance at each dilution step, a process known as “succussion”. The role of this process is not understood. The fact that the mechanism of action of homoeopathic substances is unknown adds to the controversial nature of this therapy.A review of the literature demonstrated that a more rigorous approach to the research of homoeopathy was needed in order to investigate whether homoeopathy could be investigated within a scientifically appropriate context. It was initially proposed that, through the successful replication of an existing trial, a series of clinical trials based on this replication could be conducted to test fundamental questions of homoeopathy. For pragmatic reasons, this initial approach was abandoned. A novel protocol that was subsequently designed to scientifically evaluate the effects of homoeopathy, in particular, the homoeopathic treatment of osteoarthritis of the knee and hip, was subsequently developed.A description of homoeopathy, its development, its placement within the scientific paradigm and its role in the treatment of various clinical conditions is reviewed in Chapter 1. From this literature review, hypotheses were generated to test the effect of the homoeopathic treatment of osteoarthritis. Chapter 2 describes the selection process and proposed replication of a prior clinical trial with a successful outcome upon which to base a further series of clinical trials to test fundamental questions in homoeopathy. The selected study was a randomised, double-blind clinical trial designed to compare the effects of a complex homoeopathic preparation with the effects of paracetamol in the treatment of osteoarthritic knee pain. The study was prematurely terminated when another study presented evidence that the analgesic effect of paracetamol was no better than placebo. The uncertainty that paracetamol was no better than placebo raised doubts as to the validity of any outcome had the trial proceeded. The proposal to develop a series of clinical trials replicating the protocol of this study was postponed as a consequence.Chapter 3 describes the subsequent formation of a ‘think tank’ consisting of epidemiologists, biostatisticians, clinical researchers in complementary medicine and homoeopaths and the subsequent development of a rigorous research protocol for the investigation of homoeopathy within the scientific paradigm. This homoeopathic research model and is described in detail.Chapter 4 describes a randomised, double-blind, placebo-controlled trial with five arms designed to evaluate both the research model and the homoeopathic treatment of osteoarthritis of the hip and knee.Chapter 5 details the results of this clinical trial. No significant difference was demonstrated between individualised homoeopathic treatment, generic complex homoeopathic treatments or placebo. Furthermore, no positive effect on treatments was demonstrated by the inclusion of a full homoeopathic consultation.Chapter 6 provides a discussion of the clinical trial. Possible reasons for the discrepancy between the hypothesised outcomes and the results of the clinical trial are explored and directions for future research are suggested.

Homoeopathy is a controversial form of medicine that is governed by the premise that highly diluted substances that can a defined set of symptoms in a healthy person can cure a similar set of symptoms in a non-healthy person. The use of highly diluted homoeopathic substances that may no longer be expected to contain any trace of the original substance is contrary to accepted pharmacological theory. In addition to serial dilution, homoeopathic “potentisation” of substances also includes violent agitation of the substance at each dilution step, a process known as “succussion”. The role of this process is not understood. The fact that the mechanism of action of homoeopathic substances is unknown adds to the controversial nature of this therapy.A review of the literature demonstrated that a more rigorous approach to the research of homoeopathy was needed in order to investigate whether homoeopathy could be investigated within a scientifically appropriate context. It was initially proposed that, through the successful replication of an existing trial, a series of clinical trials based on this replication could be conducted to test fundamental questions of homoeopathy. For pragmatic reasons, this initial approach was abandoned. A novel protocol that was subsequently designed to scientifically evaluate the effects of homoeopathy, in particular, the homoeopathic treatment of osteoarthritis of the knee and hip, was subsequently developed.A description of homoeopathy, its development, its placement within the scientific paradigm and its role in the treatment of various clinical conditions is reviewed in Chapter 1. From this literature review, hypotheses were generated to test the effect of the homoeopathic treatment of osteoarthritis. Chapter 2 describes the selection process and proposed replication of a prior clinical trial with a successful outcome upon which to base a further series of clinical trials to test fundamental questions in homoeopathy. The selected study was a randomised, double-blind clinical trial designed to compare the effects of a complex homoeopathic preparation with the effects of paracetamol in the treatment of osteoarthritic knee pain. The study was prematurely terminated when another study presented evidence that the analgesic effect of paracetamol was no better than placebo. The uncertainty that paracetamol was no better than placebo raised doubts as to the validity of any outcome had the trial proceeded. The proposal to develop a series of clinical trials replicating the protocol of this study was postponed as a consequence.Chapter 3 describes the subsequent formation of a ‘think tank’ consisting of epidemiologists, biostatisticians, clinical researchers in complementary medicine and homoeopaths and the subsequent development of a rigorous research protocol for the investigation of homoeopathy within the scientific paradigm. This homoeopathic research model and is described in detail.Chapter 4 describes a randomised, double-blind, placebo-controlled trial with five arms designed to evaluate both the research model and the homoeopathic treatment of osteoarthritis of the hip and knee.Chapter 5 details the results of this clinical trial. No significant difference was demonstrated between individualised homoeopathic treatment, generic complex homoeopathic treatments or placebo. Furthermore, no positive effect on treatments was demonstrated by the inclusion of a full homoeopathic consultation.Chapter 6 provides a discussion of the clinical trial. Possible reasons for the discrepancy between the hypothesised outcomes and the results of the clinical trial are explored and directions for future research are suggested.