The subject of this thesis is the evaluation of certain legal aspects of financial markets regulation related especially to dealing activities. Important role plays the context of contemporary period struggling with the consequences of recent financial crisis with the emphasis put on EU (resp. national) regulation. The first part is in general devoted to the meaning of existent regulation itself. Related legislation and institutional layout are subsequently brought closer in context of national and esp. EU environment. Certain point of interest deserves even (american) the most comprehensive financial markets reform ever. The key part of this thesis devotes to public law aspects instantly influencing dealing and trading activities on financial markets and their contrast to reality. The first theme describes categorization of clients entering on financial markets and duties put on subjects involved (counterparties), who conclude ind. deals with them. Then follow rating agencies, who have been influencing daily routine on financial markets for years and whose evaluation activities imminently influence the row of processes present on financial markets - starting from calculation of capital adequacy requirements until settlement of credit derivatives trades. Capital adequacy is put in context with...

Thesis advisor: Frank Gollop / My doctoral dissertation consists of three essays in the field of Industrial Organization. The first two consider exclusive dealing contracts between upstream and downstream firms theoretically, while the third measures consumer substitution among geographically differentiated air travel products empirically. In the first chapter I study the ability of an incumbent seller to use exclusive dealing contracts to foreclose efficient entry when there are n downstream buyers, where n can be viewed as a measure of the degree of downstream competition. The effect of downstream competition on the ability of the upstream incumbent to use exclusive contracts anticompetitively depends on whether upstream firms compete over linear or two-part prices. The model also highlights an interesting effect of the sunk cost of upstream entry that is ignored in models with exactly two buyers. In the second chapter I investigate the ability of an incumbent monopolist to exclude a potential entrant via exclusive dealing contracts when these contracts include an agreement over price. I find that a simple entry game yields both exclusionary and entry equilibria. The exclusionary equilibrium is unique, however, under most reasonable assumptions; for example if buyers are downstream competitors, if entry or the marginal cost of the potential entrant are uncertain, or if the incumbent can commit not to compete for unsigned buyers. When buyers compete with one another downstream, the optimal guaranteed price is above (below) the marginal cost of the incumbent when downstream buyers compete over strategic complements (substitutes). In the third and final chapter (co-authored with Kyle Buika) I study the question of geographic market definition in the US airline industry. Though an accurate definition of an economic market is important for any study of industry, there is no rule governing what exactly constitutes a market. To define a market we must ask the question "between which products do consumers substitute,'' knowing that the answer to this question will depend on how "close'' products are to one another in product space, as well as how close they are to one another, and to consumers, in geographic space. We estimate a discrete choice model of air travel demand that uses known information about the locations of products and consumers, which allows us to study substitution patterns among air travel products at different airports. We evaluate the commonly used city-pair and airport-pair definitions of a market for air travel, and conclude that a city-pair is the appropriate definition. We also employ the Hypothetical Monopolist test for antitrust market definition, as defined by the Department of Justice and Federal Trade Commission, and conclude that the relevant geographic market for antitrust analysis is, according to this test, frequently more narrowly defined as an airport-pair. Finally we conduct merger simulations under different market definitions and compare the results to those obtained using our own results, and conclude that accounting for geography is important when studying mergers. / Thesis (PhD) — Boston College, 2011. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Economics.

This dissertation focuses on the principle of good faith and on the principle of good faith and fair dealing. The differences between the two mentioned principles and the problems with terminology are covered. The author suggests and reasons for her own terminological solution. Furthermore, the dissertation discusses on the general delimitation of the two principles, their content and relation to other related principles. Moreover, it focuses on the legal frame of good faith and good faith and fair dealing principles including historical and comparative aspects of the issue. The author of the dissertation describes the practical impact of the two principles in question and compares the recent and current legal regulation. She analyses the practical impact of the principles of good faith and good faith and fair dealing in commercial relations: not only in the business contractual law but also in the life of a business corporation. Furthermore, the relevant judicature is covered including the delimitation of its possible applicability on the current legal regulation.

O uso e o tráfico de drogas, associados à violência, constituem-se numa das questões mais emblemáticas da sociedade contemporânea. Por acreditar na necessidade de realizar investigações e reflexões sobre este problema, visando subsidiar programas de promoção de saúde e cidadania através de um novo enfoque, realizei o presente estudo com os seguintes objetivos gerais: conhecer, sob o ponto de vista dos agentes participantes, as percepções e concepções relacionadas ao tráfico de drogas na cidade de Ribeirão Preto e região; e que tem por objetivos específicos, conhecer, sob o ponto de vista dos participantes: 1. as razões que levam as pessoas, principalmente os jovens, a se envolverem com o tráfico de drogas; 2. as percepções e concepções sobre a estrutura e/ou organização do tráfico de drogas, funções dos atores sociais envolvidos, inclusive com relação ao adolescente; 3. as apreciações sobre a violência relacionada ao tráfico de drogas e, em particular, sobre a participação do adolescente na mesma. Foram sujeitos deste estudo sete homens, com idades entre 27 e 60 anos, que têm ou já tiveram envolvimento no tráfico de drogas, na cidade de Ribeirão Preto e região. Os participantes foram intencionalmente escolhidos, levando-se em conta sua vinculação significativa com o problema investigado. Procedimento: a entrevista, com roteiro semi-estruturado, foi o principal instrumento para a coleta de dados. Foram realizadas vinte e três sessões de entrevistas individuais, no período de agosto de 2.001 a setembro de 2.002, e julho a agosto de 2.004. Como instrumentos complementares, foram utilizados registros em notas, em Diário de Campo, assim como, de narrativas fortuitas. Análise de dados: os dados obtidos foram analisados através de uma abordagem qualitativa, sob uma perspectiva compreensivista, a qual privilegia o ponto de vista dos agentes sociais envolvidos. O método de análise foi o de conteúdo temático. A análise dos dados mostrou os múltiplos motivos que podem levar alguém a envolverse com o tráfico de drogas, a partir do ponto de vista dos participantes. São razões que podem se dar isolada ou simultaneamente, e que, muitas vezes, se entrelaçam e se interpenetram. Nas concepções sobre a estrutura e a organização do tráfico de drogas, denominado por eles de “movimento", sobre os atores envolvidos e os papéis desempenhados, recolhi uma variedade extensa de categorias. Elas sugerem que o tráfico de drogas está em constante mutação; é dinâmico, improvisado e repleto de alternativas: fraciona-se, migra, difunde-se, escapa e, ainda, é permeado de símbolos e folclores. As apreciações dos participantes sobre a violência relacionada ao tráfico de drogas e, em particular, à participação do adolescente neste contexto, trouxeram relatos, reflexões e questionamentos sobre as mais diversas representações inseridas na dinâmica do tráfico de drogas. / The use of drugs and the drug dealing, associated with violence, are one of the most worrisome issues of our contemporary society. As a believer in the need of investigating and reflecting about such matters (in order to have subsidized programs which can promote health and citizenship based on a new focus) I have conducted the present study which points out the following: (a) general objectives: to know, from the agents' point of view, the perception and conceptions related to drug dealing in the city of Ribeirão Preto and in its surrounding areas and (b) specific objectives: to know, based on the agents' point of view: 1. the reasons why people, mainly the young ones, get involved with drug dealing; 2. the perception and conceptions on the drug dealing structure and/or its organization, the roles taken by the social actors including the aspect concerned teenagers; 3. considerations on violence related to drug dealing and, in particular, the the participation of teenagers in it. Seven adult men were subjects of this study, their ages ranged from 27 to 60 years old. They either have or had already been involved in drug dealing in the city mentioned above and in its surrounding areas. These participants have been carefully chosen as they played an important role and had an important link with the “problem" under study. Procedure: interviews guided by a semi-structured questionnaire were the main informational tool for the study’s data ollection. Twenty three individual interviews were accomplished from August 2001 and Septemper 2002, and also from July to August 2004. Additional data such as notes in the field diary, as well as fortuitous narratives were written or recorded. Data analysis: the gathered data have been analyzed through a qualitative approach, based on a comprehensivist perspective that grants privilege to the involved social agents' point of view. The method of analysis relies on the thematic content itself. Based on the participants’ opinion, the data analysis has shown the various reasons which can lead a person to get involved in drug dealing. Such reasons can happen as an isolated fact or happen simultaneously; and many times they entangle and interpenetrate into themselves. As to the conception of the drug dealing (referred by them as “movement") structure and organization, as well as of the actors involved and their respective roles, I have gathered a large amount of categories. They suggest that drug dealing changes constantly; it is dynamic, improvised and full of alternatives: it divides itself, moves to different places, spreads itself, escapes and, also, is surrounded by symbols and histories. The participants’ appreciation on violence related to drug dealing and, in particular, the participation of teenagers have revealed accounts, reflections and questionings ranging from the most diverse representations inserted in the drug dealing dynamics.

Diante da intensificação do processo de encarceramento feminino verificada na última década e das nefastas consequências que decorrem da prisionalização, a presente pesquisa voltar-se-á para a análise da criminalidade feminina a partir de uma perspectiva de gênero, a fim de identificar as especificidades do comportamento feminino e revelar como o gênero e as relações de poder dele decorrentes estão essencialmente entrelaçados na construção da realidade criminal. Para tanto, será adotada uma abordagem histórica sobre o conceito de gênero e da sua introdução analítica nas ciências jurídicas, a fim de compreender de que forma o paradigma de gênero colabora para a transformação do discurso jurídico. Em seguida, será exposta a trajetória das teorias criminológicas, passando pelos caminhos das teorias demonológicas até as feministas, com a finalidade de investigar as diversas abordagens da criminalidade feminina. Por fim, a partir da análise de processos criminais que tramitaram perante o Superior Tribunal de Justiça e abordaram o crime de tráfico de drogas para dentro dos presídios, serão investigados concretamente os diferentes aspectos que as questões de gênero podem relacionar-se com o fenômeno criminal. / In view of the intensification of female incarceration verified on the past decade and the nefarious consequences that follows the imprisonment, the following research will focus on the analysis of the female criminality from a gender perspective, willing to identify the female behavior specificities and reveal how the gender and the following power relations are essentially associated in the framing of the criminal reality. For this purpose, will be taken a historical approach about the concept of gender and its analytical introduction on the legal sciences, in order to understand how the gender paradigm collaborates for the legal discourse transformation. Afterwards, it will be established the criminological theories path, through the demonological theories up to the feminist theories, to investigate the various approaches about feminine criminality. Finally, from the analysis of processes that were processed before the Superior Tribunal de Justiça and addressed drug dealing into prisons, will be investigated truly the different aspects in with gender issues can relate with the criminal phenomenon.

This thesis studies the development of social and legal institutions that have controlled the pattern of water development in Utah from 1847 to 1947. The thesis is divided into three parts to facilitate the study of the diverse influences on water development. The first part deals with the mormon church and pioneer influences and private development during the late 1800s. The second begins with statehood and records the changes in the state's institutions up to 1947. The third part is a summary of the entire process. It relates pioneer, private, and state influences to each other and the current (1989) water management structure to the 1947 structure.

The exceptions for individual use give rise to interesting and fundamental concerns drawing both international and national attention. There is uncertainty in the application of the individual use exceptions both in the international copyright treaties, particularly the three-step test of the Berne Convention, and in the national copyright legislation. To have a better understanding of this concerns, this thesis aims to: investigate whether the exceptions for individual use can still maintain the balance of interests between the copyright holders and users; analyse the contribution that international copyright agreements and national copyright legislation may have made to assist in solving the conflict of interest between right holder countries and user countries in applying the exceptions for individual use; and conduct a comparative study of the application of the individual use exceptions in developed and developing countries. The understandings that are found within this study are informed by relevant literature and by analysis of the application of the individual use exceptions. The thesis examines the application of the individual use exceptions in the international copyright treaties, namely, the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty in order to determine the appropriate ?balance? between the rights of owners and users in the three-step test. To explore the uncertainty in the individual use exceptions at the national level, a comparative case study is made between the exceptions for individual use in Australia, a developed country, and Thailand, a developing country. The results of the study reveal three major answers. First, the exceptions for individual use are able to still maintain the balance of interest between right holders and users in the digital environment, if some amendments are made to keep pace with the digital environment. Secondly, to assist in the solution to the conflict of interest between right holder countries and user countries in applying the exceptions for individual use, the international copyright agreements can make a contribution by making some minor changes, mainly in the three-step test of the Berne Convention, and by continuing to provide special treatments for developing countries. Nationally, the contribution may be made by thoroughly protecting the right holders whilst also still allowing individual use by amending the copyright legislation to update to the digital age when necessary, enacting the relevant Acts, and establishing a collecting society. Finally, from the comparison of the application of the exceptions for individual use as well as problems found and solutions proposed in developed and developing countries, in which Australia and Thailand are used as case studies, the comparison of the application of the exceptions for individual use can be divided into four categories: fair use exceptions (Australian fair dealing and Thai private use exceptions), free use exceptions, licences (Australian statutory licences and Thai compulsory licence), and limitation of legislative individual use provisions. In addition, the problem of different interpretations of the exceptions for individual use, the problem of conformity in the application of the exceptions for individual use according to the real purpose of the three-step test, which exists in Thailand, and the problem of response to the digital environment are all used as the frame for the comparison of the problems found and proposed solutions. The findings of the study are significant as they can provide contributions to the copyright areas primarily in the legal aspect: amendment of the exceptions for individual use. In addition, they also contribute to the related aspect in the copyright areas: the economic aspect: the balance between developed and developing Countries; and the moral aspect: developing countries? development. In addition, the thesis proposes four useful recommendations to enable the balance of interest between the right holders and the users to be maintained: amendment of the wording in the three-step test of the Berne Convention, amendment of domestic copyright law and its exceptions for individual use, encouragement of the role of collective management organisations, and raising public awareness on the issue of copyright and its exceptions for individual use.

Making Copies: The Impact of Photocopying on Copyright Law in Australia In recent years, there has been a growing interest in looking at the history of copyright law through the lens of different technologies. Rather than looking at the historical development of, for example, copyright defences, the development of a specific piece of legislation or the way in which copyright law as distinct body of law took shape, there is a growing interest in looking at the way in which copyright law was shaped and influenced by specific types of technology. This literature is based on the idea that by focusing on the way that the law responded to a particular technology, that this enables us to get a better sense of the way in which the different legal rules and procedures operate and intersect: something that tends to be lost in more focused doctrinal or policy accounts. While there have been a number of important studies that focus on the impact of specific technologies, notably the printing press, on the development of copyright law, there are many other technologies that have not been given the attention they deserve. The thesis aims to contribute to the growing body of copyright scholarship that looks at the impact that specific technologies have had on copyright law. More specifically, it aims to look at the impact that the photocopier had on the development of copyright law across the second half of twentieth century. In effect, the question that the thesis asks is: what impact did photocopying have on the development of copyright law in Australia? The thesis shows that in responding to the problems created photocopier, a number of important changes were made to copyright law. In addition to contributing to the introduction of published edition copyright, it will be argued that the photocopier not only led to the introduction of library copying provisions which have played and continue to play an important role in ensuring access to information, but also helped to clarify that the fair dealing defence extended beyond hand copying to include machine copies. As well as highlighting the impact that the photocopying licences, which were introduced to deal with multiple copies, had on copyright law, it will be also be argued that the photocopier led to other changes, such as the politicisation of literary copyright. In highlighting the various changes brought about as a result of the attempt to respond to the problems created by the photocopier, the thesis will highlight the important role that technological change has had on the development of copyright law.

<p><strong>Abstract</strong></p><p>In this work, I have chosen to write about children in grief. Since children in grief is a large area, I have chosen to focus on how preschool handles and works with children who has loosed a parent, siblings or a play-mate by death. The aim of this work is to contribute knowledge about how you in preschool can handle and work with children in grief. To get answers to my questions, I have studied the current literature in the field. I have also interviewed five people with experience and knowledge of work with preschool-children affected by grief.  In my work, I have come to the conclusion that preschool has a great influence to children affected by grief. The preschool-child can get the everyday routines that are important for the child confidence. It is also important that as a preschool teacher be there for the child and to really listen and show understanding when the child tells about their experiences and feelings.</p><p> </p>

Abstract In this work, I have chosen to write about children in grief. Since children in grief is a large area, I have chosen to focus on how preschool handles and works with children who has loosed a parent, siblings or a play-mate by death. The aim of this work is to contribute knowledge about how you in preschool can handle and work with children in grief. To get answers to my questions, I have studied the current literature in the field. I have also interviewed five people with experience and knowledge of work with preschool-children affected by grief.  In my work, I have come to the conclusion that preschool has a great influence to children affected by grief. The preschool-child can get the everyday routines that are important for the child confidence. It is also important that as a preschool teacher be there for the child and to really listen and show understanding when the child tells about their experiences and feelings.