WorldWideScience

Sample records for case law jurisprudence

  1. Medical experiments on persons with special needs, a comparative study of Islamic jurisprudence vs. Arab laws: UAE law as case study.

    Science.gov (United States)

    Hammad, Hamza Abed Al-Karim

    2014-01-01

    This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.

  2. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    Science.gov (United States)

    Funk, David A.

    1975-01-01

    The incorporation of criminal law theory into the first-year criminal law course is discussed as an example of adding the jurisprudence of specific subject matters to standard courses. Jurisprudential issues appropriate for study are suggested along with guidelines for teaching techniques, selection of materials, and use of class time. (JT)

  3. Discursos de ódio em redes sociais: jurisprudência brasileira Hate speech in social networks: Brazilian case law

    Directory of Open Access Journals (Sweden)

    Rosane Leal da Silva

    2011-12-01

    Full Text Available Tendo-se em vista a crescente popularização de redes de relacionamento virtual como o Orkut, a facilidade de divulgação de conteúdos prejudiciais nesses meios, e a necessidade de o Direito adaptar-se às demandas da Era da Informação, o presente artigo busca elucidar se e como o sistema judiciário brasileiro julga litígios envolvendo discursos de ódio publicados em redes sociais. De forma a cumprir esse objetivo, utilizou-se de abordagem quantitativa (coleta sistemática de dados jurisprudenciais nos sítios de tribunais, tendo por filtro a palavra "Orkut" e qualitativa (análise das jurisprudências pertinentes. Como conclusão, verificou-se que o Poder Judiciário do Brasil, embora receba poucas demandas sobre discursos intolerantes veiculados em rede virtual, posiciona-se de forma a privilegiar a dignidade das pessoas que interagem no ciberespaço.Considering the growing popularization of virtual social networks like Orkut, the easiness to spread harmful content in this media, and the need of law to adapt itself to the demands of the "information age", the present paper aims to elucidate whether and how the Brazilian Judicial System judges cases involving hate speech published in social networks. In order to fulfill this objective, two approaches have been used: one quantitative (systemic gathering of jurisprudential data in the tribunals'sites, having for filter the word "Orkut" and the other, qualitative (analysis of relevant case law. In conclusion, it was verified that the Judiciary in Brazil, although it receives few complaints about intolerant discourses conveyed in virtual network, it is positioned so as to privilege the dignity of people interacting in cyberspace.

  4. Private Law, Public Consequences, And Virtue Jurisprudence

    Directory of Open Access Journals (Sweden)

    Chapin F. Cimino

    2009-04-01

    Full Text Available Everything we know about legal theory is wrong. Or at least, this is the claim made by Colin Farrelly and Lawrence Solum in their important new anthology, Virtue Jurisprudence. Specifically, Farrelly and Solum tell us that we are arguing over the wrong question. The wrong question is whether normative legal theory should rest on either law and economic notions of welfare and efficiency or on rights-based notions of liberty and equality. To Farrelly and Solum, the answer to this question is neither.

  5. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis.

  6. On the integration of public law jurisprudence

    Institute of Scientific and Technical Information of China (English)

    YUAN Shuhong

    2006-01-01

    After two to three hundred years of development,modern public laws have become more and more important,mature and integrated especially since the 20th century.Traditionally,the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law,administrative law,criminal law,procedural law,international public law,etc.Nevertheless,with all-around emergence of public law,the traditional research method can no longer adapt to the development needs of the modern public law.Therefore,it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws,so as to do comprehensive,integrated and systematic researches on various sectional public laws.Based on the indepth argumentation about the necessity of developing unified public laws,this paper further puts forward that,to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it,the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria,common public law features and general public law rules and so on;form its theoretical basis on the line of the relations between public power and the citizen privilege;establish its category structure found on the concept of public power and the derivative core and basic categories;and build up the disciplinary system based on the systematic integrity of the public law research results.

  7. The Proportionality and Solidarity Principles and Their Impact on Privacy Laws in German Jurisprudence

    Directory of Open Access Journals (Sweden)

    Klaus Schmidt

    2016-06-01

    Full Text Available Privacy laws and the use of information technology that guarantee confidentiality and information integrity are components of an individual’s rights in German jurisprudence. The protection of a person’s identity, information, ideas, feelings, emotions and particularly the way to communicate them is considered essential to human dignity. Extensive studies in these areas has made this protection a central pillar of law-related research in Germany.

  8. State of the nation: therapeutic jurisprudence and the evolution of the right of self-determination in international law.

    Science.gov (United States)

    Cooper, J M

    1999-01-01

    This article expands the scope of the therapeutic jurisprudence enterprise and applies the concept at a collective global level. The right of self-determination, arguably the most important and certainly the most controversial part of international law, is examined through the lens of therapeutic jurisprudence. By detailing the manner in which nations move towards their goal of statehood, this article opens up dialogue about collective healing, shared memory and alternative approaches to autonomy. The article poses the question of whether groups of people can share in common delusions, forms of folie a gens.

  9. Discrimination, developmental science, and the law: addressing dramatic shifts in civil rights jurisprudence.

    Science.gov (United States)

    Levesque, Roger J R

    2014-01-01

    The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression.

  10. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  11. The Use of a Therapeutic Jurisprudence Approach to the Teaching and Learning of Law to a New Generation of Law Students in South Africa

    Directory of Open Access Journals (Sweden)

    E Fourie

    2012-03-01

    Full Text Available In rapidly changing social, economic and intellectual environments it is imperative that teaching and learning should be transformed from being primarily concerned with the transmission of knowledge (learning about to being primarily concerned with the practices of a knowledge domain (learning to be. Law lecturers are faced with a new generation of law students, many of whom may be the first in their families to enter university, and one of the important challenges that we face, when educating law students, is how to enable these students to take their place in a very important profession. To meet this challenge it is necessary to instill skills that will be beneficial to the profession, future clients and the community as a whole. We at the University of Johannesburg are endeavouring to do so through embracing a therapeutic jurisprudence approach that focuses on the well-being of the student, the client and the community. The integration of therapeutic jurisprudence throughout the law student's studies, starting with orientation and continuing through to the final-year clinical experience, will enhance the therapeutic outcomes for all of the parties involved. A therapeutic jurisprudence approach, combined with appropriate teaching and learning methods, will enhance the student's interpersonal skills and writing and reading skills. The teaching methods invoked include role-play to transform formal knowledge into living knowledge, thereby stimulating students' natural practical curiosity and creating a learning environment that supports collaboration and encourages students to act purposefully in such an environment. This article discusses the teaching of first-generation students and how to overcome the existing social, cultural, economic and linguistic barriers by using a therapeutic jurisprudence approach, while upholding the values that should guide legal practice, such as integrity and respect for diversity and human dignity. The

  12. Kidnapping of Iranian law and its adaptation in Emamic Jurisprudence and the UK

    Directory of Open Access Journals (Sweden)

    Hengameh Nategheh Mirzaie

    2016-12-01

    Full Text Available Abduction and hiding others are two examples of crime against persons. In these cases the liberty of the victims are taken away and bodily injuries are inflicted and more importantly his charterers are infringed. Islamic Civil Code has devoted one article in particular and some articles in general to it. In criminal law resources of Iran there are lots of enactments on them while in legal writings these are not investigated enough. This thesis aims to study the general and specific elements of these crimes, to point out the laws and regulation status and to justify the jurisprudential views. Their relationships with other crimes such as detention and unlawful imprisonment, causes of punishment intensification, crime commencement and postponement of punishment are discussed as well. Laws of Britain prioritize international laws to domestic laws on these crimes while as per the article 9 of Civil Code the treaties entered between Iran and other states in accordance with Iran constitution which are the same as law priority is given to domestic laws.

  13. Jurisprudència i bibliografia sobre la funció pública - The Civil Service: Case Law and Literature - Jurisprudencia y bibliografía sobre la función pública

    Directory of Open Access Journals (Sweden)

    Gemma Geis Carreras

    2012-12-01

    Full Text Available L’article analitza les novetats jurisprudencials i doctrinals aparegudes amb posterioritat a l’aprovació de Estatut bàsic de l'empleat públic (EBEP. En aquest sentit, s’inicia un recorregut amb les darreres sentències del Tribunal Constitucional respecte del dret fonamental a l’accés a la funció pública, passant pels requisits d’accés a la funció pública, les garanties del procediment de selecció envers les mesures de discriminació positiva, polítiques d’igualtat i d’inserció de les persones discapacitades, finalitzant amb l’adquisició i pèrdua de la condició de funcionari. Cal destacar que el context de crisi econòmica actual està present en el treball. L’aprovació de mesures d’un control més gran del dèficit públic ha comportat la impugnació davant dels tribunals de justícia de l’adopció de mesures que afecten els drets retributius dels empleats públics, especialment, del personal laboral. D’altra banda, es fa esment a la publicació de treballs que reflexionen respecte de les mesures de reorganització administrativa, reducció de treballadors públics, la incidència de la reforma laboral en la negociació col·lectiva i la modificació de les condicions de treball dels treballadors públics en el si de les administracions públiques.This article analyzes the novelties in case law and doctrine that have appeared subsequent to the passage of the Basic Statute for Public Employees. In this regard, the article reviews the most recent sentences of the Constitutional Court regarding the fundamental right of access to the civil service, including the requirements for joining the civil service, the guarantees of the selection procedure with respect to affirmative action and the policies for the equality and inclusion of persons with disabilities, and lastly, the acquisition and loss of one´s status as a civil servant. It should be emphasized that the context of the current economic crisis is

  14. 当代西方德性法理学及其中国意义%Research on Rule by Law from Perspective of Virtue Jurisprudence

    Institute of Scientific and Technical Information of China (English)

    童建军

    2016-01-01

    得益于复兴中的德性伦理学的学术智慧,以索伦为代表的美国法理学家提出了德性法理学的学术命题,反思了以功利主义和道义论为主导的规范伦理学对法理学的影响,提出法理学必须回归亚里士多德。良善立法不能止于防止伤害他人的行为或者保护权利,而是要致力于促进人类繁荣,使人类能够过上卓越的生活;法律的基本概念不应限于福利、效率、自决或平等,而是必须纳入德性、卓越及人类繁荣。法官应当有德性,且应当做出有德的裁决;法官应当根据他们的司法德性而选任。%Benefiting from the academic wisdom of the revival of virtue ethics , the American theorists of jurisprudence , Lawrence B .Solum as an example , have put forward the conception of virtue jurisprudence . They have reflected the deficiency of affects from normative ethics , such as utilitarianism and deontology , on jurisprudence .They proposed that jurisprudence should return to Aristotle .From the aspects of virtue jurispru-dence , good law and excellent governance should not only avoid hurts or defend rights , but also promote the flourishing of human .So the basic concept of law may extend from efficiency , rights and autonomy to virtue and excellence .The judges should own virtue and make virtuous judge .

  15. [Impact of synthetic biology on patent law in view of of European jurisprudence].

    Science.gov (United States)

    Bernardo Alvarez, María Angela

    2014-01-01

    The roots of synthetic biology--the redesign of biological molecules, structures and organisms--can be traced to the research developed by Jacques L. Monod and François Jacob in 1961. This field has undergone significant growth in the past ten years and its emergence has raised the question of whether the patent system is suitable to protect inventions in emergent areas as synthetic biology. The article will analyze the numerous scientific, socio-economic, ethical and legal challenges faced by synthetic biology, introducing the European Patent Law related to biotechnology as the minimum common framework and considering if more changes are needed to adequately protect the inventor rights, while taking into account the arrival of a new research culture, characterized by embracing open-innovation and open-source initiatives. The discussion will review some biotechnological patent law cases and summarize questions as whether isolated molecules of DNA are eligible for patent or the patentability of living matter, under the terms of Directive 98/44/EC. The article will finally consider the impact of synthetic biology on the European patent system.

  16. The rights of shareholders – basic principle of corporate governance by means of case-specific jurisprudence

    Directory of Open Access Journals (Sweden)

    Adrian Doru BÎGIOI

    2016-04-01

    Full Text Available Respecting shareholders’ rights represents one of the fundamental principles of corporate governance, underpinning the establishment of economic entities, as a form of association of individuals and / or legal entities in order to carry out profit-oriented activities. However, there are situations in which the management, the other shareholders, or even the authorities, do not respect certain shareholders’ rights, leading to a number of negative effects, such as the closing of companies. Based on these considerations, in this paper, we set as research objective to analyze the circumstances, which may affect shareholders’ rights. To meet the research objectives, we analyzed the case-specific jurisprudence published by the courts of law till 31st of December 2015. The results of the study show that the shareholders’ rights, which are not respected, include: the property right, the right to receive dividends, the right to participate and vote in the general assemblies of shareholders, the right to be elected in the governing bodies, and not the least, the most important one in accounting terms, the right to be informed.

  17. Definition of life law and the situation with problems of China's life jurisprudence.

    Science.gov (United States)

    Liu, Changqiu

    2008-12-01

    Life law is a new conception brought by the development of modern life science and biotechnology. There are many different ideas on the conception of life law in academy. The definition of life law should be footed on the domain of bioethics. Based on bioethics, life law is a group of legislations which are enacted or acknowledged by the state and implemented by the state compulsively with the goal of regulating all types of relations revolving the survival as well as terminal of human beings and some other creatures which play important roles in the maintenance of human's life and health. There are many problems in China's study on science of life law, which need paying special attention to by China's scholars.

  18. The birth and growth of modern jurisprudence in China

    Institute of Scientific and Technical Information of China (English)

    HE Qinhua

    2006-01-01

    This paper relates the birth and growth of modem jurisprudence in China,summarizes several representative works on modem jurisprudence,such as The Development History of China's Jurisprudence,and describes the features that characterize the process of its birth and growth,so as to systematically explore the formation and development of China's modem jurisprudence from the revision of law in late Qing Dynasty to the founding of the People's Republic of China in 1949,and to prove that modem jurisprudence is the starting point and cornerstone for contemporary jurisprudence and the source of its development and prosperity in China.

  19. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    Science.gov (United States)

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work.

  20. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  1. ViewofLaw-discovery and Enligh tenment of Analytical Positivist Jurisprudence%分析实证法学的法律发现观及启示

    Institute of Scientific and Technical Information of China (English)

    张志文

    2014-01-01

    In legal research ,the analytical positivist jurisprudence takes the positive law as the research subject and constructs a legal system that is scientific with logical self -sufficiency .This provides the premise for judges to find the adjudication norms from the legal system .In the mode of thought ,the school combines the decision theory with the normative thought .In taking on specific justice program ,although the analytical positivist juris-prudence casts envious eyes on"creating law",it has been adhering to the judicial policy of "discovering law".On the one hand ,the supremacy principle of rules must be observed and on the other hand ,the judicial method of discovering law must be implemented .%在法学研究的取向上,分析实证法学将实在法作为研究对象,建构了兼顾科学性与逻辑自足性的法律体系。这为法官从体系性的法律中发现裁判规范预设了前提。在思维模式上,该学派融决断论与规范论思维于一体。在具体司法方案的采用上,分析实证法学虽然向“创造法律”投去了羡慕的目光,但是一直秉承着“发现法律”的司法策略。这对于时下的我们而言,一则要恪守规则至上的司法理念,二则要贯彻发现法律的司法方法。

  2. "Braxton Hick's" or the birth of a new era? Tracing the development of Ireland's abortion laws in respect of European Court of Human Rights Jurisprudence.

    Science.gov (United States)

    Daly, Brenda

    2011-09-01

    In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.

  3. Policies Affect Preferences: Evidence from Random Variation in Abortion Jurisprudence

    OpenAIRE

    2016-01-01

    Whether policies shift preferences is relevant to policy design. We exploit the random assignment of U.S. federal judges creating geographically local precedent and the fact that judges’ politics, religion, and race predict decision-making in abortion jurisprudence. Instrumenting for abortion jurisprudence with exogenous judicial characteristics, we estimate the impact of abortion jurisprudence on state laws, campaign donations, and abortion attitudes. We verify information transmission in th...

  4. A school peer mediation program as a context for exploring therapeutic jurisprudence (TJ): Can a peer mediation program inform the law?

    Science.gov (United States)

    McWilliam, Nicky

    2010-01-01

    This paper reports an exploratory study of a school peer mediation program implemented as an alternative way to manage bullying and other destructive conflict. The study explores the effects of the program on the well-being of members of the school community by examining perceptions of students, staff and a sample of parents and former students. Drawing on therapeutic jurisprudence (TJ) the study explores whether the component parts of the program, separately or together, promote intended or unintended therapeutic effects. The preliminary findings of the study emphasise the importance of peer mediation training and suggest that existing scholarship in the area of school conflict resolution and peer mediation, when viewed through a TJ lens, may provide valuable insights into how to optimally configure programs for development and adoption in schools and other community settings. The study highlights the lack of attention paid by the legal system to valuable scholarship in the area of school conflict resolution and peer mediation, which may have implications for the understanding and development of legal processes and the law in general.

  5. Justice and justiciability: advancing solidarity and justice through South Africans' right to health jurisprudence.

    Science.gov (United States)

    Forman, Lisa

    2008-09-01

    The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the South African experience suggests that enforcing health rights may in fact contribute to greater degrees of collective solidarity and justice as the Court has sought to ensure that the basic needs of the poor are not unreasonably restricted by competing public and private interests. This approach has seen the Court adopt a novel fights paradigm which locates individual civil and social rights within a communitarian framework drawing from the traditional African notion of'ubuntu', denoting collective solidarity, humaneness and mutual responsibilities to recognize the respect, dignity and value of all members of society. Yet this jurisprudence also illustrates the limits of litigation as a tool of social transformation, and of social rights that remain embedded in ideological baggage even where they have been constitutionally entrenched and enforced. This paper explores the Constitutional Court's unfolding jurisprudence on the right to health, providing background to the constitutional entrenchment of a justiciable right to health; exploring early Constitutional Court jurisprudence on this right; turning to the forceful application of this right in relation to government policy on AIDS treatment; and concluding with thoughts about the strengths and limits of this jurisprudence in light of subsequent case-law.

  6. 浅析医事法律的价值和医事法学学科建设%Brief Discussions on the Value of Medical Law and Discipline Construction of Medical Jurisprudence

    Institute of Scientific and Technical Information of China (English)

    王乔; 梅达成

    2015-01-01

    As an emerging interdisciplinary subject, medical jurisprudence is getting more and more attention from society. This paper discusses its inevitable limitations from the perspectives of cost, coverability, adaptability and rationality, but the existence of medical jurisprudence is to safeguard the normal social medical order, protect people's health rights and freedom, etc., it is of great significance. Based on medical law, discipline construction of medical jurisprudence needs to focus on the subject orientation, and attaches great importance to the construction of teachers, curriculum, devices, practice and platform, etc., and strives to promote medical jurisprudence to be the mainstream of law.%医事法学作为一门新兴交叉学科,受到社会越来越多的关注。本文一则从成本、涵盖性、适应性和合理性等方面论述了医事法律具有不可避免的局限性,一则仍阐述了医事法律的重要价值---其存在是为了维护社会正常的医药卫生秩序、保护人的健康权利和自由等,从而认为建立在医事法律基础上的医事法学学科建设,需要重点关注学科定位,重视师资、课程、设备、实践和平台建设等,以着力推进医事法学成为主流法学。

  7. THE RIGHT TO A CLEAN ENVIRONMENT. INTERNATIONAL RECOGNITION OF A HUMAN RIGHT TO A CLEAN ENVIRONEMENT BY ECTHR JURISPRUDENCE

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2015-07-01

    Full Text Available European Convention on Human Rights (ECHR does not specifically recognize a right to a clean environment, nor speaks specifically about environmental issues. However, there are many cases in the ECtHR jurisprudence which indirectly have a linkage with environmental protection. Often, throughout its decisions, ECtHR considers a positive obligation of States to take all necessary measures to protect human life and thus to provide a suitable environment for human living. The paper analyses the linkage between human rights and the international environment law and the role of ECtHR jurisprudence in enshrining an international human right in the field of environmental protection.

  8. An Analysis of First Amendment Jurisprudence on the Supreme Court Case of Locke v. Davey

    Science.gov (United States)

    Herzog, Alexander John

    2010-01-01

    Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

  9. Prior consultation in cases of mining for indigenous communities and tribal: jurisprudence of the Colombian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Claudia Jimena Abello

    2012-12-01

    Full Text Available The paper discusses the jurisprudence of the Constitutional Court on prior consultation and mining. The author identifies the rules which have been introducedby the Court for weighting the right to prior consultation with respect to the right of the Nation to the exploitation of natural resources. Also, the paper demonstrates how the Constitutional Court understands the prior consultation procedure. Finally, a brief discussion of multiculturalism and the differential rights is offered.

  10. Prior consultation in cases of mining for indigenous communities and tribal: jurisprudence of the Colombian Constitutional Court

    OpenAIRE

    Claudia Jimena Abello

    2012-01-01

    The paper discusses the jurisprudence of the Constitutional Court on prior consultation and mining. The author identifies the rules which have been introducedby the Court for weighting the right to prior consultation with respect to the right of the Nation to the exploitation of natural resources. Also, the paper demonstrates how the Constitutional Court understands the prior consultation procedure. Finally, a brief discussion of multiculturalism and the differential rights is offered.

  11. Persons without an heir in his will or judgment without an heir, from the perspective of jurisprudence and law

    Directory of Open Access Journals (Sweden)

    Mojtaba Mohebi

    2014-05-01

    Full Text Available Wills, legal matters and legal ordinances, which were subject to the death of the testator. Will, from the perspective of jurists and lawyers, is divided into two categories ( Directive Possession - Abide . Unlike contract law, on behalf of the client 's life is a runner, of wills after the testator 's death. Examples of wills. Wills persons without heirs, or the judge has no heir. That is, with respect to personal property, which, while being the heirs of the deceased. Part or all of his property, the judgment is yours without an heir. Among jurists and lawyers about wills surplus to third parties without heirs, or the heirs there is no judgment. It seems that five major, there is separation. Noting the authors believe that the rule will, is applicable only to the third property, and on its surplus, subject to the permission of the heirs, in default of any person without testamentary heir or no heir rule, the rule Shedding person in life can any property be seized, and a will debate and process testator 's death, the heirs causal albeit limited to one person, it seems, in excess of one-third of wills is not right because it would infringe upon the rights of third parties, and Meanwhile Gradation rule sequence and confirm the story, which is primarily wills, inheritance and wills after the third Tuesday in the process of inheritance, the disorder is caused, therefore, it seems, wills Noting that the rules of jus conges, and the public order is this consistent with the norms and legal principles, and governed solely operate the public order.

  12. The issue of delivery room infections in the Italian law. A brief comparative study with English and French jurisprudence.

    Science.gov (United States)

    Zaami, Simona; Montanari Vergallo, Gianluca; Napoletano, Simona; Signore, Fabrizio; Marinelli, Enrico

    2017-01-31

    Delivery room infections are frequent, and many of them could be avoided through higher standards of care. The authors examine this issue by comparing it to English and French reality. Unlike England, in Italy and France the relationship established between health facility, physician and patient is outlined in a contract. In England, the judges' decisions converge toward a better and higher protection of the patient-the actor-and facilitate the probative task. In case of infections, including those occurring in the delivery room, three issues are evaluated: the hospital's negligent conduct, damages if any and causal nexus. Therefore, the hospital must demonstrate to have taken the appropriate asepsis measures according to current scientific knowledge concerning not only treatment, but also diagnosis, previous activities, surgery and post-surgery. In order to avoid a negative sentence, both physicians and hospital have to demonstrate their correct behavior and that the infection was caused by an unforeseeable event. The authors examine the most significant rulings by the Courts and the Supreme Court. They show that hospitals can avoid being accused of negligence and recklessness only if they can demonstrate to have implemented all the preventive measures provided for in the guidelines or protocols.

  13. Government Contract Law Cases.

    Science.gov (United States)

    1983-10-01

    has available intelligence services whose reports are not and ought not to be published to the world. It would be intolerable that courts, without...on account of lack of standing. The law of standing is fundamentally artificial to the extent that one who is in fact harmed by adminis- trative...bus iness adverti s concerns and 1969 plain Santo, F 1 o r i u s i n e s lify a U. S. 1 Busi ant, i usines busine ct for se in Admin

  14. The concept of the rule of law and the European Court of Human Rights

    NARCIS (Netherlands)

    Lautenbach, G.

    2013-01-01

    This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a backgroun

  15. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW

    Directory of Open Access Journals (Sweden)

    Elena ANDREEVSKA

    2014-05-01

    Full Text Available Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1 of the Universal Declaration of Human rights of 1948. It has also its counterpart – with minor differences in Article 14 of the International Covenant on Civil and Political Rights on 1966. Article 6, which guarantees the right to fair trial, occupies a central place in the system of the Convention. it is a generally agreed that this provision is the most frequently cited one of the Convention, both at the national and international levels. This Article contains a variety of rights which are all related to the good administration of justice, not only criminal, but also in the civil and administrative matters. The ‘independent and impartial tribunal established by law’ is one of textual elements of the Fair Trial Right, as long as it has direct and explicit expression in the text of Convention. Even in simple logical way it can be considered as a suite of requirements referring to 1 the notion of tribunal 2 its attribute of being established by law 3 being independent and 4 being impartial.

  16. Third-party protection and residual risk in Atomic Energy Act. On legally dogmatic classification of paragraph 7 Atomic Energy Act in the jurisprudence of the Federal Constitutional Law and Federal Administrative Court; Drittschutz und Restrisiko im Atomrecht. Zur rechtsdogmatischen Einordnung des paragraph 7d AtG in die Rechtsprechung des Bundesverfassungs- und des Bundesverwaltungsgerichts

    Energy Technology Data Exchange (ETDEWEB)

    Arndt, Hans-Wolfgang

    2012-03-15

    On 25th June 2009, the Council of the European Union has passed the directive 2009/71/EURATOM on a common framework for nuclear safety of nuclear installations. At first, the 12th Law amending the Atomic Energy Act supplements the Atomic Energy Act by regulations which implement the directive 2009/71/EURATIM into national law. In addition, paragraph 7 Atomic Energy Act introduces a new substantive obligation of the operators of nuclear power plants. The author of the contribution reports on whether paragraph 7 Atomic Energy Act provides additional nuclear protection or reduces the potential protection by law and jurisprudence.

  17. Triblex thematic analysis of the case law of the ILO Administrative Tribunal

    CERN Document Server

    International Labour Organization. Geneva

    Triblex is a thematic database on the case law of the Administrative Tribunal of the International Labour Organization, which hears complaints from serving and former officials of the ILO, or of one of the thirty-odd international organizations that recognise its jurisdiction, about breach of the terms of their appointment or staff rules or regulations. Relevant passages of the Tribunal's reasoning can be located in the Triblex database in various ways, mainly using terms (descriptors) from the Triblex Thesaurus. The database is in English and French and can be searched in either language. It is intended for litigants, counsel, staff representatives, personnel managers and anyone with an interest in the law of the international civil service. Triblex est une base de données thématique sur la jurisprudence du Tribunal administratif de l'Organisation internationale du Travail. La saisine du Tribunal est ouverte aux fonctionnaires ou anciens fonctionnaires du Bureau international du ou des normes statutaires o...

  18. Restoring Corporate Governance to Lawyers : An Attempt at Corporate Normative Jurisprudence as an Alternative to the Reign of Law and Economics

    OpenAIRE

    Reyes Gomez, Javier Alberto

    2014-01-01

    Law & Economics is the hegemonic framework in mainstream corporate governance theory and praxis. It permeates how legal scholars see corporations, how they must be managed, and to which ends they should be geared to. Because large amount of power is concentrated and exercised through corporations, the fact that law & economics is both a descriptive and a normative theory has an impact on the shaping of the world. This research aims at asking: is there an alternative normative jurisprudenc...

  19. The Past and Present of Legal Finding:The Changes from Historical Jurisprudence to Concept Law as a Clue%法律发现的“前世”与“今生”--以历史法学到概念法学的变迁为线索

    Institute of Scientific and Technical Information of China (English)

    张志文

    2013-01-01

    历史法学代表人物萨维尼倡导“法是民族精神的体现”,致力于拉近法律与社会生活之间的关系。历史法学所力主的“法是被发现”主要是从法的产生角度也即立法立场来分析的。作为历史法学派的延续之一,概念法学倾向于构建严谨的能够涵摄社会生活各个方面的法律体系。在它的视域中,法官只需从法律体系中发现法律即可完成对案件的判断,从而将司法者囚禁在了概念的城堡里。这种理论上的幻想遭到耶林等社会法学者的批判也在情理之中了。%As the representative of the historical jurisprudence, Savigny advocates that law is the embodiment of national spirit which aims to narrow the relationship between law and social life. The historical jurisprudence’s view that“law is to be found”is mainly generated from the perspective of legislative position. As one of the continuation of the historical jurisprudence, the concept law is to build the rigorous legal framework that could cover the overall social life. In its view, the judge only needs to find the law from the legal system to make the judgment that the judge is imprisoned in the castle of concept. It is reasonable that the theory fantasy is criticized by the sociological jurisprudence representative Jhering.

  20. O Direito Costumeiro na Legislacao e na Jurisprudencia do Brasil: A Desescravizacao (Common Law in Legislation and Jurisprudence in Brazil: Abolition of Slavery).

    Science.gov (United States)

    Gebara, Ademir

    2000-01-01

    Demonstrates that in Brazil, common law was an important component for development of the political project, elaborated with the objective of organizing and disciplining the formation of a market of free workers. Considers that the history of work relations originated in the Portuguese discovery of Brazil in the 16th century. (BT)

  1. Pondering on Administrative Jurisprudence Teaching Re-form for Jurisprudence Undergraduates%法学本科行政法学教学改革的思考

    Institute of Scientific and Technical Information of China (English)

    刘雨嫣

    2015-01-01

    行政法学是法学本科生必修的主干课程之一。在行政权力日益扩张和提倡行政法治的当今,行政法学的学习显得尤为重要,但行政法学教学也存在诸多问题。从行政法学教学目标、教学方式以及教学内容等方面加以改革和完善是改变行政法学教学现状的必要途径。%Administrative jurisprudence is a main compulsory course for jurisprudence undergraduates. In today's increasingly expanding administrative power and the advocacy of law-based administration, the learning of administrative jurisprudence is particularly important, but there are also various problems in the teaching of administrative jurisprudence. To reform and improve administrative jurisprudence teaching from its teaching objec-tives, teaching methods and teaching content is a necessary way to change the current situation of administrative jurisprudence teaching.

  2. 合同基本范畴之法哲学检讨%Jurisprudence-based Criticism on the Basic Conceptual Category of Law of Contract

    Institute of Scientific and Technical Information of China (English)

    佘发勤; 李斌

    2009-01-01

    传统合同法理论在合同基本范畴方面存在一些重要缺陷,进而导致悖论与一系列理论上的混淆.根据言语行为理论以及行为的法律判断模式,通过语言分析与文本分析,揭示了传统合同成立与生效理论缺陷的根源:由于对"合同"、"成立"、"有效"与"生效"等缺乏清晰的认识,不仅导致相互关系的混淆,也导致在法律要件认识上的错误;澄清了"合同"及其"成立"、"无效"、"有效"、"生效"的含义以及它们之间的内在关联,并在此基础上重构合同效力形态的内在逻辑关系.%It was found that there are theoretically material defects in the basic conceptual category of the conventional law of contract, thus resulting in a paradox with a series of confusion. According to the theory of linguistic act and the mode of legal judgment of an act, the root of the defects in the "entering into the contract" and "putting the contract into effect", which are conventionally used in various contracts, is revealed theoretically via linguistic and textual analyses. Because of lack of definitive cognition on the words or phrases such as "contract", "entering into the contract", "in effect" and "take effect", the mutual confusion between them and wrong cognition of juridical essentials both emerge. For these reasons, it is necessary to ascertain definitely the implications of those words and phrases and their interrelationships, thus restructuring the inherent logical relationship in the expressing form of the effect of contract.

  3. The European Emissions Trading Scheme case law

    NARCIS (Netherlands)

    van Zeben, J.A.W.

    2009-01-01

    Within European climate change and energy policy, the European Emissions Trading Scheme (EU ETS) occupies a prominent role. This article considers the developing case law of the European courts on the EU ETS. Specific attention is paid to the role of the different actors within the EU ETS and the im

  4. Review of a monograph by P. N. Panchenko «State-legal regularities in the history and theory of state and law and criminal law». Moscow: «Jurisprudence» Publishers, 2014. 518 p.

    Directory of Open Access Journals (Sweden)

    Gennadiy N. Gorshenkov

    2015-12-01

    Full Text Available The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author39s position is discussed that the normativelegal acts should meet not the legislatorsrsquo ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author39s attitude to modern criminology. The author39s attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life. nbsp

  5. “临终关怀”的法律之维——法理基础、宪法依据与实体法规制%Viewpoint of Law on Hospice the Jurisprudence Basis, Constitutional According and Substantive Law Regulating of Hospice

    Institute of Scientific and Technical Information of China (English)

    尤金亮

    2012-01-01

    Hospice is a form of medical treatment which provide the patients with palliative care, rather than therapeutic care, and focused on how to reduce pain, rather than prolonging life . The inherent requirement of modern human rights idea, the properly protection for the vulnerable groups according to The Social Contract theory, and the beneficial value of law are the jurisprudence of hospice . Hospice has fully constitutional basis. Hospice must be operated legally in order to ensure the right of the patients. In criminal law, hospice belongs to "proper behavior", but we must prevent crimes of abandonment and the crime of homicide of negative form in the disguise of hospice, and prevent other crimes which maybe happened in the operation of hospice . In civil law, we should regulate decision subject , implement conditions and operating procedures of hospice.%临终关怀是对临终病人进行姑息性照护,而非治疗性照护,关注的是如何减少临终病人痛苦,不以延长生命为主要目的。现代人权理念的内在要求、社会契约论对弱势群体的当然保护、法的效益价值的现实体现,是临终关怀正当性的法理基础。临终关怀具有充分的宪法依据。临终关怀必须依法进行,以确保患者的权利不被剥夺。在刑法上,临终关怀属于"正当行为",但要防止以临终关怀为理由而实施的遗弃罪和不作为形式的故意杀人罪,同时防范其他犯罪。在民法上,要规范临终关怀的决定主体、实施条件和操作程序。

  6. 法理学和法社会学视角下的“留有余地判决”%The Mode of“Leaving Room for Verdict”under the Perspectives of Jurisprudence and Law-sociology

    Institute of Scientific and Technical Information of China (English)

    姚武强

    2014-01-01

    “Leaving room for verdict”has,in some degree,been a verdict mode for some j udges and courts dealing with some criminal cases.In these cases,j udges and courts succumb to external pressure,deviating from their intrinsic rationality and good faith,ignoring the strict law requirements of law conviction in fact-finding and applicable law,try to make a balance between “should be”and “actually is”,and reconcile the conflict between state power and civil rights.Although some real reasons,which come from the view of law-sociology and economics of law,can be found in this choice,“leaving room for verdict”can not be j ustified by j urisprudence and legal norms.To prevent from the mode of“leaving room for verdict”and its misj udged cases, we should keep focus on comprehensive regulation,such as clearly defining the main responsibility subj ects for the accident,preventing the responsibilities from being enlarged,weakened or transferred,and enhancing individual j udge’s sense of responsibility and capabilities.%“留有余地判决”是法院和法官在审判中部分地屈从于外在的压力、违背自身内在的理性与良心,忽视法律定罪在案件事实认定和法律适用方面的严格要求,力图在法律的应然要求和现实的掣肘因素之间、在国家权力(或强势群体力量)和公民权利的冲突之间作出调和、妥协处理的一系列判决样态。虽然可以从法律社会学和法律经济学视角中找到这种实然选择的理由,但“留有余地判决”缺乏法理和法律规范的正当性支持。对“留有余地判决”及其错案的预防,应从明确事故责任主体、防止责任外化、转移、强化裁判者个体责任意识和能力等方面综合调控。

  7. ENFORCED DISAPPEARANCE OF PERSONS UNDER INTERNATIONAL CRIMINAL LAW: THE CASE “GUERRILHA DO ARAGUAIA” IN BRAZIL

    Directory of Open Access Journals (Sweden)

    Angela Pires Pinto

    2011-12-01

    Full Text Available The case “Guerrilha do Araguaia” is well known in Brazil in the view of the disappearances of opponents to the military regime occurred between 1972 and 1974, in the region known as Araguaia. Despite the efforts made by the families of the victims to seek responsibility and redress, few progress has been done. In 1995, Brazil recognized its responsibilities for the deaths and established a Commission to provide compensation to the families of the victims. The Amnesty Law prevented the State to initiate the criminal proceedings related to the responsibilities of those involved in the disappearances, torture and killings. On December 2010, the Inter-American Court of Human Rights decided that Brazil is responsible for the enforced disappearances in the Araguaia's region and, following its previous jurisprudence, determined that the State initiate adequate investigation and criminal proceedings related to the facts that amount to crimes against the humanity. In the view of the determination of criminal responsibilities on the “Guerrilha do Araguaia”'s case, this article will examine the grounds of criminal liability of the alleged offenders under the international criminal law as well as under the Brazilian domestic law, analysing the limitations that arise from both jurisdictions.

  8. EU External Relations Law: Text, Cases and Materials

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

    EU External Relations Law: Text, Cases and Materials, Bart Van Vooren and Ramses A. Wessel, Cambridge University Press, UK, 2014.......EU External Relations Law: Text, Cases and Materials, Bart Van Vooren and Ramses A. Wessel, Cambridge University Press, UK, 2014....

  9. A Survey on the Provisions of Islamic Jurisprudence of Women in the Context of Social Change

    Directory of Open Access Journals (Sweden)

    Hadi Giahpour

    2016-09-01

    Full Text Available Shiaite jurisprudence has always been dynamic and because of the Ijtihad door being open in the direction of social change, it is the perfect place to solve new problems. While the bulk of religious decrees authorities and Shiaite scholars are extracted and inferred from the verses of Quran and traditions and because of accepting two factors of consensus and the reason in Ijtihad, Shiite jurisprudence has always been able to respond to new problems in society.One of the most important issues of the jurisprudence is the women's provisions which have created many controversial discussions among Shiaite jurisprudents so far and the differences are in opinions about religious provisions that the perception and understanding of scholars is the source of its emergence and the explicit provision has not been mentioned in the Quran and traditions. The response to the questions that are raised about women's issues in Islamic law, need to understand the cultural and social and political developments, the requirements of time and … that by matching them with religious purposes, many problems will be solved in the field of women. The important matter is to explore and understand the needs of women as well as psychological and behavioral tendencies in regard to their character and abilities can be achieved. Using an analytical descriptive method, this study is to examine the impact of social changes on some women’s provisions.

  10. International Human Rights Law and the Right to water: a Brazilian Perspective

    Directory of Open Access Journals (Sweden)

    César Yip

    2016-01-01

    Full Text Available This article discusses the recognition of the right to water in international human rights law and its implications. After demonstrating the disputes with respect to the interpretation of this right, it outlines the Brazilian contribution in regard to its incorporation in domestic law. Jurisprudence on the suspension of water supply due to non-payment is taken as a case study of the question of access to water and sanitation.

  11. Punitive damages in brazilian law and the boundaries between criminal and civil liabilities

    OpenAIRE

    2009-01-01

    This article demonstrates the existence of civil responsibility with punitive purposes in Brazilian Law, explaining how it was introduced by jurisdictional activity in cases involving moral damages. Next, it points out main problems this situation represents to Brazilian Law from the standpoint of our juridical dogmatics and public policies. Additionally, it proposes the execution of an empirical research for comprehension of the structure and fundamentals of jurisprudence on t...

  12. A Milestone in Polish CISG Jurisprudence and Its Significance to the World Trade Community

    Directory of Open Access Journals (Sweden)

    Aleksandra Jurewicz

    2009-09-01

    Full Text Available This comment analyzes a case from the Polish Supreme Court that, because of its rigorous discussion of many fundamental matters and embodiment of the Court’s effort to make its decision within the framework of the Vienna Convention, serves as a great contribution to the global CISG jurisprudence.

  13. The Earth Community and Ecological Jurisprudence

    Directory of Open Access Journals (Sweden)

    Peter David Burdon

    2013-12-01

    Full Text Available Legal philosophical discourse tends to be animated by some conception of self and the parameters of community. Reflecting a vast heritage of humanist philosophy and theology, western legal concepts reflect anthropocentric values. Theories of law and legal concepts promote human beings as separate to the environment and define frameworks for the exploitation of nature. Against this paradigm, environmental philosophers have sought to redefine human beings as integral members of a greater Earth community – nature is a community of subjects, not a collection of objects. This alternative conception of self carries important consequences for legal philosophy. This paper explores these consequences first by analysing the ecological conception of self and community articulated by ‘geologian’ Thomas Berry (1914-2009. Second, this paper uses Berry’s analysis to develop an ecological theory of jurisprudence. This theory connects human law with ecological integrity and holds that human law attains legal quality (in part when enacted for the common good of the comprehensive Earth community. Throughout this analysis, the paper also highlights the limitations Berry’s philosophical and legal writing and seeks dialogue with leftist political theory. El discurso filosófico jurídico tiende a estimularse por una concepción del individuo y por parámetros de comunidad. Como reflejo de una vasta herencia de la filosofía humanista y la teología, los conceptos jurídicos occidentales reflejan valores antropocéntricos. Teorías del derecho y conceptos legales promueven seres humanos separados del medio ambiente y definen los marcos para la explotación de la naturaleza. Frente a este paradigma, los filósofos ambientales han tratado de redefinir los seres humanos como miembros de una comunidad de la Tierra más amplia – la naturaleza es una comunidad de sujetos, no una colección de objetos. Esta concepción alternativa del individuo conlleva

  14. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    The TEXTBOOK is a collection of carefully selected directives, regulations, and judgments. Whether you are a student, a scholar, or a practitioner of law, this book is a supplemental tool in your work with European business law. It is recommended that you have this book within your reach when you...... read Business Law, Europe ( 978-87-996778-2-5) - the book on some essential issues of European business law....

  15. [Mandatory vaccination and health's right: the value of case law in the public health practice in Italy].

    Science.gov (United States)

    Tafuri, S; Martinelli, D; Prato, R; Germinario, C

    2012-01-01

    In Italy there have been several court appeals registered, which have been driven by individual convictions or group actions or movements and were aimed at obtaining exemption from the obligation to comply with compulsory vaccinations required by law. The aim of the present paper is to provide a quick review of the sentences resulting from activating these disputes, in order to contribute to the debate on overturning compulsory vaccination. The Jurisprudence of the Italian Constitutional Court has repeatedly confirmed the judgment on the constitutionality of rules on obligation, clarifying that only where specific reasons exist that make vaccinating the individual dangerous may non-compliance with the rules on compulsory vaccination be justified. This is in contrast with the case law on enforcement of compulsory vaccination, through the temporary suspension of parental authority. Taking responsibility for promoting immunisation decisions away from Public Health Services and handing it to the courtroom is not advisable, given the very small benefit. The problem must be placed under the careful attention of the Health Service due to communicative implications, which can be serious during the transition from a compulsory system of immunisation to a voluntary one.

  16. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

    Social Security Administration — The Disability Case Review is a post-effectuation quality review of administrative law judge (ALJ) disability hearing decisions. This dataset includes results from...

  17. Making sense of the case law on Ombudsman schemes

    OpenAIRE

    Kirkham, R.M.; Allt, A.

    2016-01-01

    This article analyses the case law on ombudsman schemes in the UK, with the purpose of identifying some of the key trends that underpin this branch of law pre-the first Supreme Court decision in this area, JR55 v Northern Ireland Commissioner for Complaints. While the law on ombudsman schemes remains based on legislation and the various grounds of administrative law available in judicial review, distinct bespoke principles have also been relied upon. These principles are beginning to provide ...

  18. 现实主义法学探析%Realistic Jurisprudence Analysis

    Institute of Scientific and Technical Information of China (English)

    周康

    2016-01-01

    Realistic jurisprudence has become popular since 1920s in America. This radical jurisprudence started from Holms ’ realistic jurisprudence and got popularized by Llewellyn and Frank. The core theory is the uncertainty of law and hence transfers the re-search focus to behaviors,from which new ideas,such as “rule skeptics”,“fact skeptics”,“judge-made law theory”,and “prediction theory”,are proposed,which attracted arguments and challenges in the academic circle and made great influence on modern western post-ju-risprudence study and critical jurisprudence study.%现实主义法学是20世纪20年代在美国兴起的一种具有激进色彩的法学思潮,其发轫于霍姆斯的实用主义法学理论,兴盛于卢埃林与弗兰克,核心理论是法律的不确定性,将法学研究的重点由规则转向行为,并由此衍生出“规则怀疑论”“事实怀疑论”“法官造法论”“预测论”等一系列新的学术观点,引发了广泛的争议与质疑,并对当代西方的后现代法学和批判法学产生了深远的影响。

  19. Notes on Jurisprudence: The Lease of State Private Property and Its Intuitu Personale Nature

    Directory of Open Access Journals (Sweden)

    Ovidiu PODARU

    2011-10-01

    Full Text Available Starting from a case of the jurisprudence of the Cluj Court of Appeal, this study probes into the different aspects of the contract of lease for lands pertaining to the State’s private domain (that is, under the Local Council’s management through which the lessees, in consideration of certain special criteria, procure the right to employ the land for a fixed term of 99 years, in order to build individual housing units. The fundamental issue that needs to be addressed is whether the lesser can one-sidedly increase the rent due to the fact that a third party buyer, to whom the initial lessee sold the building, failed to comply with the special conditions that led to the initial abatement of rent. It is reasonable to assume that such a decision would be illegal taking into account that the lease contract has a civil nature and not an administrative one (as a result the lesser cannot unilaterally alter the contract and, on the other hand, the fact that this type of contract does not retain its intuitu personae nature throughout its period of enforcement (considering the provisions under art. 41 of Law no. 50/1991 on construction permits, even though that attribute was essential at the moment when the contract was concluded.

  20. The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

    Directory of Open Access Journals (Sweden)

    Nathalie Rühs

    2016-02-01

    Full Text Available To date, international processes associated with sustainable development have not led to an internationally legally binding framework that adequately addresses the challenges we face. Human influence on the planet has led to the adoption, although not universally accepted, of the term Anthropocene to define our new relationship with nature. This paper aims to look at the role and rule of law in the making of society and, more importantly, the arguments for a shift in the paradigm from an Anthropocentric ontology to a more Earth-centered one. We critique the current approach to sustainable development and environmental protection, review arguments on the Rights of Nature and explore the potential for the concept of Earth Jurisprudence building on current literature. In particular, the paper outlines that a constitutional right of nature is needed to address the challenges that we now face globally. To this end, we also examine in detail the case study of the constitution of Ecuador where the rights of nature have been codified. We outline some of the key issues involved in this proposed approach to new legal frameworks and make recommendations for future research.

  1. General Anti-Avoidance Rule in Latvian Tax Law

    Directory of Open Access Journals (Sweden)

    Milana Belevica

    2016-03-01

    Full Text Available The tax law systems of the EU Member States differ strongly; one is based on the specific anti – avoidance provisions governed by the general principle of prohibition of abuse stated in court jurisprudence, the basement of the other is a written judicial rule which prohibits the abuse – general anti – avoidance rule. General anti-avoidance rules are needed because of conflicts of laws in the borders of one state as well the conflicts of different state’s jurisprudence. There is no legal definition of tax avoidance in the EU law nevertheless the notion of tax avoidance is firmly connected to the concept of abuse of law – a general principle of EU law which has got its prompt development in the resent tax case law of the Court of Justice of the European Union (CJEU. The UK practice is undoubtedly the positive example of methodologically precise legal ruling in the sphere of complicated abstract issues of abuse in tax law. This paper aims to describe the concept of general anti avoidance rule, comparing theoretical cognitions, regulation in Latvia and UK and also tax case law of the Court of Justice of the European Union.

  2. The State non-contractual liability because of forced displacement of persons (Setting up a line of case law in State council decisions

    Directory of Open Access Journals (Sweden)

    Diego Armando Yáñez Meza

    2013-06-01

    Full Text Available Initially the theory of repairing the damage caused by act or omission attributable to the state as a subject faced the dogma of irresponsibility. This was a paradigm that in the context of the new constitutional law should not be allowed any validity because it is not a case of the exercise of a divine power or Leviathan because of its superiority over the inhabitants, as institutionalist theses of yore held. However, as it will be evident, there is some jurisprudence position that reminds us of those theses concerning the state responsibility because of the case of displaced persons and there are doctrinal realities that pose their attenuated return since the law of non-contractual liability appears as an option which is ill-suited for the victims. Hence the need to determine the pattern of resolution to the legal problem posed by the Administrative Justice in order to identify its characteristics and to establish the road map drawn to repair one of the most flagrant violations of human rights and humanitarian international law.

  3. KRITIK TERHADAP ALIRAN SOCIOLOGICAL JURISPRUDENCE EUGEN EHRLICH

    Directory of Open Access Journals (Sweden)

    W.M. Herry Susilowati

    2000-01-01

    Full Text Available Eugen Ehrlich, seorang ahli hukum dan sosiologi dengan teorinya Sociological Jurisprudence, ingin membuktikan bahwa titik berat perkembangan hukum terletak pada masyarakat itu sendiri dengan konsep dasarnya “living law” yang mencerminkan nilai-nilai yang hidup dalam masyarakat (volkgeist. Dan apa yang dimaksud dengan volkgeist itu, Eugen Ehrlich tidak dapat memberikan jawaban secara memuaskan. Mochtar Kusumaatmadja mencoba mencari jalan keluar dengan teorinya yang dikenal dengan Teori Hukum Pembangunan, yaitu bahwa “nilai-nilai yang hidup di masyarakat” berkaitan dengan “perasaan keadilan masyarakat” atau “kesadaran hukum masyarakat”. Di samping itu, teori Eugen Ehrlich (Teori Sociological Jurisprudence terdapat 3 (tiga kelemahan pokok yaitu: pertama, ajaran tersebut tidak dapat memberikan kriteria yang jelas yang membedakan norma hukum dari norma sosial yang lain; kedua, Ehrlich meragukan pisisi adat kebiasaan sebagai “sumber” hukum dan adat kebiasaan sebagai suatu bentuk hukum; ketiga, Ehrlich menolak mengikuti logika perbedaan antara norma-norma hukum negara yang khas dan norma-norma hukum dimana negara hanya memberi sanksi pada fakta sosial.

  4. Toward a jurisprudence of drug regulation.

    Science.gov (United States)

    Herder, Matthew

    2014-01-01

    Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from clinical trials - whether positive (i.e., product approvals) or negative (i.e., abandoned products, product refusals, and withdrawals) - are open to outside scrutiny. Further, a jurisprudence of drug regulation is needed. I develop two arguments motivated by (1) innovation concerns and (2) the value of good governance in support of openly publishing all final decisions for approved, abandoned, refused, and withdrawn products. After articulating why greater transparency in regulatory decision-making is needed, I distil four essential features of a jurisprudence of drug regulation that prescribe policy changes in terms not only of the transparency of regulatory outcomes and the underlying reasoning, but also regulatory organization.

  5. EU external relations law : text, cases and materials

    NARCIS (Netherlands)

    Van Vooren, Bart; Wessel, Ramses A.

    2014-01-01

    This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional p

  6. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  7. ISSUES RAISED BY THE CASE LAW

    Directory of Open Access Journals (Sweden)

    Marta Claudia CLIZA

    2010-06-01

    Full Text Available This paper has taken into account the legal practice generated by the two texts excerpted from Law no. 554/2004, respectively articles 14 and 15. The need of such an endeavour is justified by a heterogeneous practice, which has created confusion amongst justiciable people. The suspension of administrative acts represents an institution in itself, and in this situation, we deal with the cancellations ruled by the courts when certain cumulative conditions are not complied with. This is precisely why we need both a theoretical and a practical analysis of the institution of administrative suspension by an administrative court, in the context of the two texts of the law mentioned above

  8. Digitizing and Preserving Law School Recordings: A Duke Law Case Study

    Science.gov (United States)

    White, Hollie; Bordo, Miguel; Chen, Sean

    2015-01-01

    Written as a case study, this article outlines Duke Law School Information Services' video digitization, preservation, and access initiative. This article begins with a discussion of the case study environment and the cross-departmental evaluation of in-house video production and processing workflows. The in-house preservation reformatting process…

  9. The General Unenforceability of Collective Agreements under Nigerian Labour Jurisprudence: The Paradox of Agreement without Agreement

    Directory of Open Access Journals (Sweden)

    Vincent Iwunze

    2013-12-01

    Full Text Available This study considers the status of collective agreements under Nigerian labour law, examining the extent of their enforceability under the extant laws. It considers the emerging trends in some more advanced jurisdictions of the world in that regard and comparatively portrays the anachronisms of the Nigerian law on the point. It takes the position that the current legal climate as regards the legal status of collective agreements under Nigerian law is potentially disruptive of industrial peace and harmony and is bound to occasion serious hardship on employees. The work suggests among others a jurisprudential shift in paradigm if the Nigerian labour jurisprudence must meet and be reflective of modern socio-economic realities.

  10. Feminism, law, and bioethics.

    Science.gov (United States)

    Rothenberg, K H

    1996-03-01

    Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of the Maryland Health Care Decisions Act. The article concludes that gender does matter and that an understanding of feminist legal theory and practice will enrich the analysis of contemporary bioethical issues.

  11. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international crimi...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  12. From the American Civil War to the War on Terror: Three Models of Emergency Law in the United States Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily

    This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status...... the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis......, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency....

  13. THE SUBSIDIARY NATURE OF THE UNJUST ENRICHMENT ACTION. CONTRACT-BASED ACTION VS. ACTIO DE IN REM VERSO. JURISPRUDENCE SEPARATION ONLY

    Directory of Open Access Journals (Sweden)

    Eugenia VOICHECI

    2014-05-01

    Full Text Available For the purpose of recovering a paid amount within the insured sum, however, in addition to the owed amount, the insurer sues his client for claims. Does the insurer have, to this end, a cleared way towards unjust enrichment? The provisions of the 1864 Civil Code do not contain definitions of ex contractu and actio de in rem verso. The doctrine has established the acceptability requirements of actio de in rem verso, however, it did not do the same for ex contractu, and there is no notable change to this matter after the Civil Code became effective. This situation is also maintained in the current Law No.287/2009 on the Civil Code. Hence, the separation of the configuration and enforcement area of the two types of actions continues to be done in terms of jurisprudence by strictly relating to the case at hand. The study starts from an actual case the settling of which highlights the issue of determining the subsidiary nature, hence the acceptability of the unjust enrichment. The purpose of this study is to re/focus on an old dichotomy, i.e. the contract-based action (ex contractu and the action based on an licit deed, that of unjust enrichment (actio de in rem verso. The primary goal of the study consists of highlighting the aspects that the provisions of the 1864 Civil Code and those of the new Civil Code have in common or not in terms of the two types of actions before the court, the doctrine-related solutions given as concerns the characteristics and legal status of the two actions and the fact that, in the nex Civil Code as well, the separation line between the two actions is determined on the basis of jurisprudence, being left at the judges' discretion and wisdom, with all related consequences thereof.

  14. RTI: Court and Case Law--Confusion by Design

    Science.gov (United States)

    Daves, David P.; Walker, David W.

    2012-01-01

    Professional confusion, as well as case law confusion, exists concerning the fidelity and integrity of response to intervention (RTI) as a defensible procedure for identifying children as having a specific learning disability (SLD) under the Individuals with Disabilities Education Act (IDEA). Division is generated because of conflicting mandates…

  15. Toward instructional design principles: Inducing Faraday's law with contrasting cases

    Science.gov (United States)

    Kuo, Eric; Wieman, Carl E.

    2016-06-01

    Although physics education research (PER) has improved instructional practices, there are not agreed upon principles for designing effective instructional materials. Here, we illustrate how close comparison of instructional materials could support the development of such principles. Specifically, in discussion sections of a large, introductory physics course, a pair of studies compare two instructional strategies for teaching a physics concept: having students (i) explain a set of contrasting cases or (ii) apply and build on previously learned concepts. We compare these strategies for the teaching of Faraday's law, showing that explaining a set of related contrasting cases not only improves student performance on Faraday's law questions over building on a previously learned concept (i.e., Lorentz force), but also prepares students to better learn subsequent topics, such as Lenz's law. These differences persist to the final exam. We argue that early exposure to contrasting cases better focuses student attention on a key feature related to both concepts: change in magnetic flux. Importantly, the benefits of contrasting cases for both learning and enjoyment are enhanced for students who did not first attend a Faraday's law lecture, consistent with previous research suggesting that being told a solution can circumvent the benefits of its discovery. These studies illustrate an experimental approach for understanding how the structure of activities affects learning and performance outcomes, a first step toward design principles for effective instructional materials.

  16. Can Law Become Curricula's Guidance Counselor?

    Science.gov (United States)

    Goslin, Kimberly G.

    2008-01-01

    This article asserts that curricula, a living text, ought to take into consideration the virtues of fairness, justice, and integrity as found in law, in order to judge controversial issues of curriculum. This assertion is argued through a comparison of jurisprudence and pedagogy, as well as law and curricula. Dworkin's (1986) contention of "law as…

  17. LA DOCTRINE DANS LA JURISPRUDENCE DE LA COUR CONSTITUTIONNELLE COLOMBIENNE

    Directory of Open Access Journals (Sweden)

    Germán Alfonso López Daza

    2012-05-01

    Full Text Available Dans le système des sources du droit, la doctrine est une source auxiliairede la législation colombienne. Comme les juridictions suprêmes, la Cour Constitutionnelle colombienne vient de la doctrine juridique spécialisée pourappuyer les décisions. Le rapport entre la doctrine et la Cour Constitutionnelle colombienne a été significatif, mais pas très récurrent dans sa jurisprudence constitutionnelle. L’analyse de 550 décisions de la Cour Constitutionnelle renduesdans l’année 2011, indique une faible incidence de la doctrine sur la jurisprudence constitutionnelle.

  18. A Law of Physics in the Classroom: The Case of Ohm's Law

    Science.gov (United States)

    Kipnis, Nahum

    2009-01-01

    Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

  19. Law system and legislation system

    OpenAIRE

    Boshno, Svetlana

    2013-01-01

    This paper is a continuation of publication of the «Jurisprudence» textbook by Svetlana Vladimirovna Boshno. Law system is a key element of general theory of law. The major fundamentals of its construction are subject matter and method of legal regulation. Of great importance is the division of legal regulation methods into mandative and dispositive ones. The paper articulates the concepts of institute and branch of law demonstrated through various examples. An important classification of bra...

  20. Stranger in a strange land: the use of overbreadth in abortion jurisprudence.

    Science.gov (United States)

    Martin, K

    1999-01-01

    Plaintiffs seeking to avoid prosecution under an allegedly unconstitutional statute can ask a court to do one of two things: award facial relief, in which case any enforcement of the offending statutory provision is enjoined, or award as-applied relief, in which case enforcement of the provision against the plaintiff is enjoined, but officials may attempt to apply the statute to others. As-applied relief might also take the form of partial facial invalidation: The provision may not be applied to others similarly situated to the plaintiff. In United States v. Salerno, the Court ruled that judges should only provide total facial invalidation if there is "no set of circumstances" under which the statute could be applied consistent with the Constitution. This general rule, however, has had a historical exception for First Amendment jurisprudence, known as the overbreadth doctrine, and more recently Planned Parenthood v. Casey extended a similar exception to abortion jurisprudence. Most literature has been supportive of this extension, and some have suggested replacing the Salerno rule with the Casey rule as a general matter. This Note argues that the reasons given for the Casey exception are unpersuasive, that Salerno as a matter of history and doctrine is the correct rule to apply to facial challenges, and for that reason that Salerno should remain the general rule and Casey's "large fraction" test should be eliminated.

  1. Book Review: EU External Relations Law: Text, Cases and Materials

    Directory of Open Access Journals (Sweden)

    Graham Butler

    2014-06-01

    Full Text Available This latest textbook contributing to the field of EU external relations law is unique in that it is the first such book in the post-Treaty of Lisbon environment to take a wide-angled look on as many aspects of the growing area as it continues to develop within the legal parameters as set by the Treaties, and it is suitably placed to become the core text for teaching this expanding EU policy field. In their book, EU External Relations Law: Text, Cases and Materials, Van Vooren and Wessel seek to fill the gap in up-to-date literature from a legal standpoint in the field of external relations of the EU, with a book that is suitable for delivery as a core textbook for students of all levels. Their analysis covering fifteen long chapters offers the reader a comprehensive insight into the world of EU external relations law, and allows for a thoroughly better understanding of all the encapsulated issues that are at play.

  2. [Recent case law about the right to die].

    Science.gov (United States)

    Bascuñán R, Antonio

    2016-04-01

    This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.

  3. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  4. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. thejudges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice1. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  5. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. the judges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  6. Reconciling Theory and Doctrine in First Amendment Jurisprudence

    OpenAIRE

    Post, Robert

    2000-01-01

    The twentieth century has seen the birth and the development of the doctrine of the First Amendment's free speech clause. In its current state, free speech jurisprudence is hampered by coexisting but conflicting First Amendment theories and doctrines. In this Essay, Professor Post examines these conflicts. He traces the development of two primary First Amendment theories: the theory of the marketplace of ideas, exemplified by Justices Holmes' dissenting opinion in Abrams v. United States; and...

  7. Investigation and Countermeasures of Perfecting Professional Course System of Medical Jurisprudence---Taking Medical Jurisprudence Major in Binzhou Medical College as an Example%完善医事法学专业课程体系的调查与对策建议*--以滨州医学院医事法学专业为例

    Institute of Scientific and Technical Information of China (English)

    廖晨歌

    2016-01-01

    为更好地在医事法学专业中凸显出医学特色、贯彻落实“精法懂医”的人才培养目标,本文以滨州医学院医事法学专业为例,对该专业毕业生作了“关于突出专业医学特色的问卷调查”;并据调查结果,对完善医事法学专业课程体系的建设提出了相关的对策建议。%To better highlight the characteristics of medicine in medical jurisprudence major, and implement the talent training goal of "being versed in laws and knowledgeable of medicine", this paper made a "questionnaire of highlighting the characteristics of medicine" to the graduates of medical jurisprudence major by taking medical jurisprudence major in Binzhou Medical College as an example. According to the result of questionnaire survey, this paper put forward the relevant countermeasures and suggestions on the improvement of professional course system construction of medical jurisprudence.

  8. Exploration on the Teaching Reform of Jurisprudence Major Oriented by the Judicial Examination in Private Undergraduate Colleges:A Case Study on Huanghe S & T College%以司法考试为导向的民办本科法学专业教学改革探析--以黄河科技学院为例

    Institute of Scientific and Technical Information of China (English)

    韩瑞萍

    2014-01-01

    法学毕业生就业门槛高、就业难已成为不争的事实:司法考试既是学生上岗的通行证,更是衡量法学教育成效的最大试金石。作为全国第一所民办本科高校,黄河科技学院经历了30年的发展历程,形成了独特的管理及教学模式,其中面向司法考试进行的法学专业教学改革取得了突出成果。本文旨在针对黄河科技学院法学专业面向司法考试进行的教学改革提出完善法学教育的建议。%The difficult access to employment for jurisprudence graduates has become an undoubted fact: the judicial examina-tion is not only a pass for students' employment but also the most important touchstone measuring the effectiveness of jurispru-dence education. As the first private undergraduate college in China,Huanghe S&T College has experienced 30 years' devel-opment, forming its unique management and teaching models, in which the teaching reform of jurisprudence major oriented by the judicial examination has achieved outstanding results. This paper aims to propose suggestions on improving jurisprudence educa-tion combined with the teaching reform of jurisprudence major oriented by the judicial examination in Huanghe S&T College.

  9. 环境污染案件涉及的刑民界限问题初探%Demarcating Criminal Law and Civil Law When Applied to Cases Involving Environmental Pollution

    Institute of Scientific and Technical Information of China (English)

    武祎

    2015-01-01

    市场经济环境下,经济发展速度急速向前,环境污染事故频繁发生,究其原因,与片面追求经济发展、GDP增长而忽视环境保护有很大关系,同时也突显了环境保护司法手段滞后于经济发展的问题。在面对这些造成巨大经济和环境损失的污染事故时,如何正确使用司法手段进行惩罚与预防是本文试图解决的问题。文章从大连康菲石油污染事件为视角切入,分析其中存在的法律责任承担问题,进而通过对现有环境保护法律规定的梳理,析出环境污染案件涉及的刑民界限,为刑法与民法在市场经济条件下的环境污染案件中如何正确适用找到解决途径,同众学者商榷。%Under the market economy environment and along with the enormous rapidity of economic development , there has been an abrupt increase in environmental pollution accidents , whose frequent occurrence can be largely attributable to the one-sided mindset of pursuing economic development and GDP growth while ignoring environmen -tal protection .Meanwhile , the frequent occurrence of such accidents also highlight the fact that our legal means of environmental protection and environmental jurisprudence still lags behind fast economic development .In the face of these environmental pollution accidents causing huge economic losses , the crux of the matter is how to correctly use legal means to punish the perpetrators and prevent such accidents .Exemplified by a legal case involving marine oil pollution in Dalian , this paper aims to ascertain the legal liability in pollution cases and attempts a demarcation of criminal law invocation and that of civil law in dealing with such cases so as to come up with effective solutions to environmental pollution legally under the market-based economic conditions .

  10. Environment, energy and resources : case law update BC

    Energy Technology Data Exchange (ETDEWEB)

    Crossman, T. [Miller Thomson LLP, Vancouver, BC (Canada)

    2005-07-01

    An overview of environmental case law was presented. Issues concerning contaminated sites were discussed with reference to Imperial Oil Ltd. v Quebec. Liability of contaminating companies was discussed in British Columbia Hydro v. British Columbia Environmental Appeal Board. Compensation for environmental damage was reviewed with reference to British Columbia v. Canadian Forest Products Ltd., in which the Crown framed its claim in terms of a commercial loss and not in terms of other damages, such as negligence, nuisance or trespass. Issues concerning resource development and first nations interests were discussed, along with interlocutory injunctions. The issue of whether or not First Nation participation in environmental assessment may satisfy the duty to consult and accommodate was discussed in relation to Taku River Tlingit v. British Columbia. Issues concerning the Crown's duty to consult and accommodate Aboriginal peoples when the Crown is making decisions that may adversely affect as yet unproven Aboriginal rights and title claims were also examined. The international and extraterritorial reaches of environmental law was discussed with reference to the Teck Cominco Decision, in which the United States Environmental Protection Agency ordered a remedial investigation to determine the extent and nature of contamination in the United States portion of the Columbia River due to metals disposed upstream by Canadian smelter operations. Due diligence, Fisheries Act offences and the deposit of harmful substances were discussed in Fletcher v. Kingston, which also challenged the acute toxicity test for fish. It was noted that creative sentencing now allows for the court to make additional orders beyond any punishment imposed on the guilty party in section 127 of the Environmental Assessment Act. Various creative sentencing issues were also reviewed, including R. v Terroco Industries Ltd.

  11. Moral Law and Political Law in Greek Mythology: The Case of Prometheus

    Directory of Open Access Journals (Sweden)

    Domingo Fernández Agis

    2006-12-01

    Full Text Available The aim of this work is to offer the reader a tour through the most significant interpretations of the Prometheus myth, attempting to contribute  from their standpoint to the clarification of the relationship between moral law and political law. In especial, it aims to highlight in Prometheus’s attitude something that betrays the presence of a strongly individualized conscience, whose dictates lead him to clash with power in its highest expression. On the other hand, different interpretations of the Greek concept of law are examined, where its highest expression is indebted to the idea of destiny. Based on Law, a common order that connects gods and humans is established, although not with the same degrees of subjection.

  12. Book review of Ida Wendt, EU Competition Law and Liberal Professions: an Uneasy Relationship? Leiden: Brill Academic Publishers, 2012

    NARCIS (Netherlands)

    Vedder, Hans

    2014-01-01

    This review finds this book timely, if only because it highlights the law-making mechanisms that underlie the relevant legislation and jurisprudence. It places the book in the wider context of European integration and suggests further avenues for research.

  13. The Recent Case Law on Locus Standi of Private Applicants under Art. 230 (4 EC: A Missed Opportunity or A Velvet Revolution?

    Directory of Open Access Journals (Sweden)

    Constantinos Kombos

    2005-12-01

    Full Text Available The theme of the article is the ECJ's approach to the standing of private applicants in actions of annulment. The analysis places the emphasis on the Opinions by AG Jacobs and the rulings of the CFI and the ECJ in UPA and Jégo-Quérè and on the limited changes proposed under the Draft Constitution. The argument of the paper is that the critique presenting the preceding line of decisions as a missed opportunity is partly unfounded and partly misplaced for two main reasons. Firstly, the nature of the debate has now changed with the introduction of the right to effective judicial protection and secondly, the existing critique is not reflective of the multidimensional and complex nature of interacting factors that influence the strategic positioning of the ECJ in areas of specific constitutional significance. Therefore, the analysis concentrates on the factors that could provide the exegetical and not necessarily the justifying rationale for the persistently restrictive approach of the ECJ in the area of standing. It is submitted that the recent case law is an integral part of the calculated strategic positioning of the ECJ that was inevitable. The inevitability is founded on three reasons. Firstly, on the nature and significance of effective judicial protection and the central role that it was given by AG Jacobs and the CFI in UPA and Jégo-Quérè respectively. Secondly, the departure from the jurisprudence was driven from below rather than from the ECJ and finally, the chronology was such that coincided with the workings of the Convention on the Future of Europe. These new elements represent an attempted Velvet Revolution rather than a missed opportunity.

  14. Are Law Schools Poised for Innovation? Three Case Studies of Law Professors Teaching Online in American J.D. Programs

    Science.gov (United States)

    Jaworowski, Susan

    2013-01-01

    The purpose of this qualitative case study is to describe the characteristics of three law professors teaching online courses to determine what type of adopter they were. This study used the Rogers diffusion of innovation theory, and specifically analyzed the participants on whether they were innovators or early adopters. These analyses are…

  15. The investigation of children and insane'scriminal liability in Imamiyah jurisprudence (Figh

    Directory of Open Access Journals (Sweden)

    Mohaddese Yahyapour

    2016-12-01

    Full Text Available A punishment decree regarding children is not contrary to the hadith of Raf' al-Qalam and lack of criminal liability.In other words, since the Islamic criminal law have rational system and deliberate policy, so it has chosen a balanced approach about child offenders.This means that, they are not exempt from any responsibility in general but is not considered like adults responsible for them.That is, the determination of criminal liability in this comprehensive legal system is considering the physical and psychological situation of children and the development of sense of discernment in them.Considering the importance of child delinquency issue and their and society improvement in the future,Islam hasconsidered it is necessary to adopt certain security and training measures in criminal law and even some mild safeguarding measures and has ordered some punishment, such as censure, reprimand, beat. Furthermore, the insane person is free of obligations and responsibilities inImamiyah jurisprudence, Hadd in Sahih narration of Abu Ubaidah which is mentioned earlier,does not include punishment, and it is bind by those narration that considered the respect of interest is necessary in implementing punishment. As a result, the second decree is regardedlimited toHudud, otherwise, there is no another reason in relation to this issue. Therefore, the madness make toexclude the punishment.

  16. Abuse of Law in European Tax Law: An Overview and Some Recent Trends in the Direct and Indirect Tax Case Law of the ECJ - part 2

    NARCIS (Netherlands)

    D. Weber

    2013-01-01

    This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1, which was pu

  17. Abuse of Law in European Tax Law: An Overview and Some Recent Trends in the Direct and Indirect Tax Case Law of the ECJ - part 1

    NARCIS (Netherlands)

    D. Weber

    2013-01-01

    This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1 addresses the

  18. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...... the legal service of the High Authority from early on promoted a ‘constitutional’ interpretation of European law, but where the member state, as well as most legal experts, still considered European law a subset of international law. How did the Court of Justice of the ECSC manoeuvre between...... on European law in the making....

  19. Jurisprudence and Jurisprudence’s Historic Choice%法哲学及法哲学的历史选择

    Institute of Scientific and Technical Information of China (English)

    孙梦娇

    2013-01-01

    In the book Introduction To Contemporary Legal Philosophy and Legal Theory,Arthur Kaufman,a promi-nent philosopher of law in Germany ,expressed deep concerns about the development prospect of jurisprudence and probed varies core puzzles of law philosopher based on this anxiety .Meanwhile,through the rational aura and con-cerns of humanity to spurring all complicated dispute of jurisprudence going on the track of sound development .In this paper,this paper mainly discuses three problems: philosophy of right,the historic choice of the philosophy of right and the inspiration to Chinese law construction.%  德国法哲学家阿图尔考夫曼透过《当代法哲学和法律理论导论》一书彰显了自己对法哲学发展前景的浓厚忧虑,更基于这种忧虑探讨了法哲学的种种中心难题,试图透过理性的光环与对人性的本源关怀,促使所有法哲学的疑难纷争均能走上善意商谈的良性发展道路。文章通过对《当代法哲学和法律理论导论》的脉络梳理和读后感悟,主要围绕法哲学、法哲学的历史选择,以及这种“选择”的思维模式对我国法治建设的启示这三个问题展开论述。

  20. Cultural, social and economic rights in the Constitution corpus and Constitutional Court’s Case Law

    Directory of Open Access Journals (Sweden)

    Patricio Rubio

    2013-12-01

    Full Text Available This article deals with Cultural, Social and Economic Rights established in the Constitution and in Constitutional Case Law. So, after explaining its nature, state’s role according preservation and enforceability,relationship with other fundamental rights, among other key points, it isi ntended to answer, dealing with those rights, which of two scenarios have prevailed: internationalization of constitutional law or constitutionalization of international law.

  1. MMOGs as Social Experiments: the Case of Environmental Laws

    CERN Document Server

    Broekens, Joost

    2008-01-01

    In this paper we argue that Massively Multiplayer Online Games (MMOGs), also known as Large Games are an interesting research tool for policy experimentation. One of the major problems with lawmaking is that testing the laws is a difficult enterprise. Here we show that the concept of an MMOG can be used to experiment with environmental laws on a large scale, provided that the MMOG is a real game, i.e., it is fun, addictive, presents challenges that last, etc.. We present a detailed game concept as an initial step.

  2. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

    Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

  3. What is a Leading Case in EU law? An empirical analysis

    DEFF Research Database (Denmark)

    Sadl, Urska; Panagis, Yannis

    2015-01-01

    . Our analysis focuses on Les Verts, a case of considerable fame in EU law, closely scrutinising whether it contains inherent leading case material. We show how the legal relevance of a case can become “embedded” in a long process of reinterpretation by legal actors, and we demonstrate that the actual......Lawyers generally explain legal development by looking at explicit amendments to statutory law and modifications in judicial practice. As far as the latter are concerned, leading cases occupy a special place. This article empirically studies the process in which certain cases become leading cases...

  4. Regional Integration Through Law: the Central American and Caribbean Cases

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

    . The two Court have also borrowed key jurisprudential principles from the CJEU with the goal of expanding the reach of Central American and Caribbean Community laws. Despite this, both Courts have thus far failed to foster supranationality in their respective systems. This is because the conditions...

  5. Foundations in the Law: Classic Cases in Medical Ethics

    Science.gov (United States)

    2007-01-01

    provided by Virginia law. Among other facilities, the hospital has a pediatric intensive care department and an emergency department. 2. The hospital is a...hospital and its staff (including emergency doctors, pediatricians, neonatologists and pediatric intensivists) treat sick children on a daily basis. 4...Brumlop, supra; Ball v. Mallinkrodt 8 Added. Dr. Nishi’s physician believed him to be suffering from an aneurysm and referred him to, Dr. Hartwell, a

  6. The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases

    NARCIS (Netherlands)

    Giesen, Ivo

    2012-01-01

    In analysing 'wrongful life' cases, comparative law is used extensively. This article examines these wrongful life cases, especially in light of the contradicting outcomes in different jurisdictions across the world, with the Dutch Kelly case and the South African decision in Stewart v Botha as its

  7. Li Xin and the Development of Sociological Jurisprudence in China%李炘与社会法学在中国的发展

    Institute of Scientific and Technical Information of China (English)

    赖伟

    2015-01-01

    Li Xin encountered the popularization of so ciological jurisprudence when he studied in Meiji University. He learned western and Japanese sociological jurisprudence through Hozumi Shigeto, Shida Kotaro and Makino Echi. After returned to China,he served in judicial circle as well as Beijing Law and Politics School (BLPS)& Chaoyang University. Chinese scholars knew only a little about sociological jurisprudence though they had approached it. Through the platform supplied by BLPS and Chaoyang University, Li Xin showed the scholar circles the opinions of sociological jurisprudence school, which made the scholar circles not only know the purport, history and the jurists’ opinion of sociological jurisprudence school, but also think twice about the trend of legal science. With the increasing number of legal personality who studying in Europe and the US, Li Xin’s academic achievement makes the returned students studying legal science in Japan still taking a leading position.%李炘在明治大学留学期间,恰逢日本兴起研究社会法学之风。他通过穗积重远、志田钾太郎和牧野英一等人了解到东西方的社会法学思想。回国后,李炘一边投身于司法界,一边在北京法政专门学校和朝阳大学任教。当时的中国学界对社会法学说虽略有接触,但并无明确认识。李炘通过北京法政专门学校和朝阳大学的平台,向学界展示了社会法学派的主张。此举不但使学界明确了社会法学派的旨趣、沿革以及主要代表人物的学术观点,还使学界产生了对法学发展趋势的新思考。在留学欧美的法律人陆续崛起的环境下,李炘等人的学术成就使留日法政生在中国法学界仍然居于领先地位。

  8. 经验和实用主义的展现--对美国早期社会学法学的思考%Experience and pragmatism---On the early sociological jurisprudence of the United States

    Institute of Scientific and Technical Information of China (English)

    蔡尚阳

    2015-01-01

    Sociological jurisprudence is a branch of law ,it developed from Europe .Americans learnt the thought of sociological jurisprudence due to European and American historical heritage and introduced the thought into the United States .But the development of sociological jurisprudence in the United States shows quite different style compared with that in European continent .The most distinctive fea‐ture is that American sociological jurisprudence is heavily influenced by pragmatism and experience , which is a kind legal theory based on the philosophy of pragmatism and with particular emphasis on the experience generated in accordance with the social reality in development .Holmes and Cardozo are two American sociological jurisprudence pioneers ,they are deeply influenced by the philosophy of pragmatism and highly regard experience .They promote American sociological jurisprudence maturity in their own unique way of thinking ,which results in a significant and profound impact on sociological jurisprudence .%社会学法学是法学的一个分支,其发展源于欧洲,由于欧洲和美国的历史传承性,美国人学习到了社会学法学思想,将其引入美国。但是其后社会学法学在美国的发展展现出了与欧洲大陆相比风格迥异的特点。其中最具特色的是美国社会学法学深受实用主义和经验理论的影响,它是以实用主义哲学为基础的法学理论,同时在发展中特别注重根据社会现实而产生的经验。在这一法学流派向前发展的道路上,出现了两位美国社会学法学先驱式的人物,霍姆斯和卡多佐。霍姆斯和卡多佐都深受实用主义哲学的熏陶,同时对于经验都秉持推崇的态度。他们分别以自己独特的思维方式,推动美国社会学法学走向成熟,产生了重大而深远的影响。

  9. DEVELOPMENT OF CHINESE HEALTH LAW: OVERVIEW AND SUGGESTIONS.

    Science.gov (United States)

    Liu, Kai; Tang, Daolu

    2014-07-01

    Health law is a rapidly developing law specialty in China. This article examines the current overall framework and evolution of Chinese health law, as a background to an analysis of the advantages and disadvantages of this legal regime. Research suggests that: 1) The independent status of Chinese health law as jurisprudence and a specialty ought to be assured altogether; 2) The convergence between health law and other laws should be strengthened; 3) The current Chinese health law framework ought to be completed. This suggests the necessity to find ways to improve the independence of health law in China by eliminating the convergence and completing the legal framework.

  10. Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives

    Directory of Open Access Journals (Sweden)

    Halder Debarati

    2015-01-01

    Full Text Available Victimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ and therapeutic jurisprudence (TJ are victim oriented, the issue of cyber stalking of women may be dealt with by RJ process and the laws in this regard must be analysed by the legal actors with a background in RJ and TJ philosophy. India had earlier taken up therapeutic punishment policy to enforce rights of the accused. But the modern principles of TJ have still not been considered in the RJ background in cyber stalking cases. This article therefore examines whether RJ and TJ principles can replace retributive principles for cyber stalking victimisation. It also examines the Indian cyber stalking law from RJ and TJ perspectives to assess its effectiveness for victims.

  11. LAW, THE LAWS OF NATURE AND ECOSYSTEM ENERGY SERVICES: A CASE OF WILFUL BLINDNESS

    Directory of Open Access Journals (Sweden)

    DR Hodas

    2013-06-01

    Full Text Available Ecosystems services include the collection, concentration, and storage of solar energy as fossil fuels (e.g., coal, petroleum, and natural gas. These concentrated forms of energy were produced by ancient ecosystem services. However, our legal and economic systems fail to recognise the value of the ecosystem service subsidies embedded in fossil fuels. This ecosystem services price subsidy causes overuse and waste of fossil fuels in the free market: fossil fuels are consumed more quickly than they can be replaced by ecosystem services and in far larger quantities than they would be if the price of fossil fuels included the cost of solar energy collection, concentration and manufacturing of raw fossil fuels. Moreover, burning fossil fuels produces enormous environmental, human health and welfare costs and damage. Virtually no legal literature on ecosystem services, sustainable development, or sustainable energy, considers fossil fuels in this context. Without understanding stored energy as an ecosystem service, we cannot reasonably expect to manage our fossil fuel energy resources sustainably. International and domestic energy law and policy systems generally ignore this feature of fossil fuel energy, a blind spot that explains why reducing greenhouse gas emissions from fossil fuels is fundamentally a political challenge. This paper will use new understandings emerging from the field of complex systems to critique existing legal decision-making models that do not adequately account for energy ecosystem services in policy design, resource allocation and project approvals. The paper proposes a new "least-social-cost" decision-making legal structure that includes ecosystem energy services.

  12. Symbolic Communication as Speech in United States Supreme Court Jurisprudence

    Directory of Open Access Journals (Sweden)

    Łukasz Machaj

    2011-06-01

    Full Text Available The First Amendment to the United States Constitution forbids government to pass any law which abridges freedom of speech. Notwithstanding the absolute tenor of the clause, this guarantee is clearly not limitless; its boundaries are established mainly in the course of Constitutional adjudication. The United States Supreme Court has extended free speech guarantees to so-called symbolic speech, i.e. to nonverbal expression of ideas, views or emotions. The article analyzes basic criteria and limits of First Amendment protection with respect to such instances of (alleged symbolic communication as flying a red flag, refusing to salute the U.S. flag, wearing a black armband, silently protesting segregation rules, burning a crucifix, burning a draft card, sleeping in a park and nude dancing. In some cases the level of protection given to symbolic speech is deemed analogous to that accorded to written or oral expression; in other cases the Supreme Court applies the so-called O’Brien standard, which is an instrument designed specifically for judging laws relevant to this mode of communication.

  13. The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2012-05-01

    Full Text Available In analysing 'wrongful life' cases, comparative law is used extensively. This article examines these wrongful life cases, especially in light of the contradicting outcomes in different jurisdictions across the world, with the Dutch Kelly case and the South African decision in Stewart v Botha as its main examples. I will test the hypothesis that it is not so much the outcomes and (more importantly the arguments found elsewhere through the comparative law method that are decisive in highly debated cases like those concerning wrongful life, but that instead it is something else that decides the issue, something I would define as the cultural background of, or the legal policies within a tort law system.

  14. Mandatory Arrest Law in domestic violence cases and its implementation in New York City

    Directory of Open Access Journals (Sweden)

    Milivojević Sanja K.

    2002-01-01

    Full Text Available This paper contains the analysis of the Mandatory Arrest Law in domestic violence cases in New York State. Introduction includes the subject and main goals of the paper. Second chapter starts with historical development of the police response in domestic violence cases in New York before and after the Mandatory Arrest Law is passed, than analysis of the Law, and ends with one of the programs which Safe Horizon, Victim Service organization, developed in New York City. Third chapter gives the analysis of pro et contra arguments for mandatory arrest provision and results of surveys and studies, which were conducted in United States. In fourth chapter we present the analysis of the research conducted in two police precincts in New York City this year. Paper also contains the list of main problems in implementation of this Law in New York City.

  15. Investigator's Guide to Missing Child Cases. For Law-Enforcement Officers Locating Missing Children. Second Edition.

    Science.gov (United States)

    Patterson, John C.

    This booklet provides guidance to law enforcement officers investigating missing children cases, whether through parental kidnappings, abductions by strangers, runaway or "throwaway" cases, and those in which the circumstances are unknown. The guide describes, step-by-step, the investigative process required for each of the four types of missing…

  16. A Day at the Beach: A Multidisciplinary Business Law Case Study

    Science.gov (United States)

    Rymsza, Leonard; Saunders, Kurt; Baum, Paul; Tontz, Richard

    2010-01-01

    This case study, written for use in a multidisciplinary course, exposes students to concepts in business law, economics, and statistics. The case is based upon a hypothetical scenario involving a young woman who, having spent a relaxing day at the beach, heads for home. On the drive home, a flip-flop she is wearing becomes lodged under the gas…

  17. Report on the 2016 conference Tax Treaty Case Law Around the Globe

    NARCIS (Netherlands)

    van Hulten, Mart; Jallai, Ave-Geidi

    2016-01-01

    Each year the international conference Tax Treaty Case Law Around the Globe provides a forum to discuss with outstanding experts of the relevant jurisdictions the most important and interesting tax treaty cases which recently have been decided all over the world. This article provides a report on th

  18. The Specific Direction Requirement for Aiding and Abetting: A Call for Revisiting Comparative Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2015-01-01

    The ‘specific direction’ saga has been dominating the jurisprudence of the ICTY for nearly two years, and the end is yet to be seen. The story centers on the correct interpretation of liability for aiding and abetting, while, at the same time, exposing broader concerns of international criminal law...... criminal law is essential to resolving the legal conundrum that this standard causes....... a substantial effect on the crimes committed in the context of war - was insufficient to create individual criminal responsibility in these cases. The response to this new and heightened interpretation of aiding and abetting followed quickly, as the Šainović et al. appeal judgment rejected the novel requirement...

  19. ["Phylogenetic presumptions"--can jurisprudence terms promote comparative biology?].

    Science.gov (United States)

    Pesenko, Iu A

    2005-01-01

    The paper presents the results of a critical analysis of the "phylogenetic presumptions" conception by means of its comparison with the hypothetic-deductive method of the phylogeny reconstruction within the framework of the evolutionary systematics. Rasnitsyn (1988, 2002) suggested this conception by analogy with the presumption of innocence in jurisprudence, where it has only moral grounds. Premises of all twelve the "phylogenetic presumptions" are known for a long time as the criteria of character homology and polarity or as the criteria of relationship between organisms. Many of them are inductive generalizations based on a large body of data and therefore are currently accepted by most of taxonomists as criteria or corresponding rules, but not as presumptions with the imperative "it is true until the contrary is proved". The application of the juristic term "presumption" in phylogenetics introduces neither methodical profits, nor anything to gain a better insight of problems of the phylogenetic reconstruction. Moreover, it gives ill effects as, by analogy with a judicially charged person and his legal defense, it allows a researcher not to prove or substantiate his statements on characters and relationships. Some of Rasnitsyn's presumptions correspond to criteria, which have been recognized as invalid ones on the reason of their non-operationality (presumption "apomorphic state corresponds more effective adaptation") or insufficient ontological grounds (presumptions "are more complex structure is apomorphic", "the most parsimonious cladogram is preferable", and "one should considered every to be inherited").

  20. Hedgehogs in Luxembourg? A Dworkinian reading of the CJEU's case law on principles of private law and some doubts of the fox

    NARCIS (Netherlands)

    Mak, C.

    2012-01-01

    To what extent can the case law of the Court of Justice of the European Union (CJEU) in the field of European private law be understood and explained on the basis of a theoretical model of adjudication that defends the unity and objectivity of value? In light of Ronald Dworkin's theory of adjudicati

  1. The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...

  2. Sustainable Development: New Thoughts, New Policy, New Law?

    NARCIS (Netherlands)

    Kistenkas, F.H.

    2015-01-01

    New thoughts and new policy on sustainable development have been brought forward and widely discussed and accepted, but law is still lagging behind. This paper aims to fill up that gap and tries to put some new light on how legislation and jurisprudence could meet up with modern sustainability insig

  3. The Liability of the Managing Body within the Insolvency Proceedings in Romania: Case-Law Study

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

    Full Text Available The study aims at identifying the new elements that the Insolvency Code in Romania, Law 85 of 2014, brings in what concerns entailing the liability of the managing body as well as that of other persons having contributed to the debtor's state of insolvency, compared to the previous regulation provided by Law 85 of 2006. The identification of these elements is carried out by making reference to the types of deeds that, following taken legal action, can entail liability and the coverage of the debts by the members of the managing body as well as by other persons having contributed to the debtor's state of insolvency. The analysis of the deeds concentrates around two connected centers of interest: The analysis of the deeds such as they are regulated by the two regulations and the case where for certain deeds there need to be identified the elements of repeatability in the two regulations and then the relevant case-law applicable for the respective deed is analyzed. In conclusion, in this way are identified the case-law variations met by the regulations applicable to the respective deed, in the judgments grounded on Law 85 of 2006. These variations represent landmarks for the regulations comprised by the Romanian Insolvency Code – Law 85 of 2014. Following the analyzed legal precedents – a number of 30 case-law judgments issued by courts of appeal being at the highest level of jurisdiction, there are identified in concreto, the type of acts which may entail the liability of the managing body for the insolvency of the enterprise. Through the present study we aim to guide the local administrators, as well as the future foreign investors who engage in foreign direct investments (FDI in Romania with regard to the liability of the managing body in within the insolvency proceedings.

  4. Edouard Lambert, Théoricien de la Jurisprudence Sociologique

    Directory of Open Access Journals (Sweden)

    Stéphane CAPORAL

    2009-10-01

    Full Text Available Edward Lambert belongs to the latest generation of general law professors. In 1893, he sustained before the Law Faculty of Paris a thesis on the stipulation for others and in 1896 he was received major assistance from aggregation of Law Faculties. This is the last great contest that is the last unique competition designed to ensure equally to recruitment of all law professors and Lambert has chosen the history of law as a "special topic". As professor at the Faculty of Law at Lyon, he is responsible for "complementary course of history of French law" and he teaches the disciplines of history for many years. Only in 1921 it will open in the same faculty of Lyon Chair of Comparative Law. First legal historian and therefore eminent comparative course is also a deemed civilest, a commercial talent and labor precursor.

  5. Technology-facilitated Organized Abuse: An Examination of Law Enforcement Arrest Cases

    Directory of Open Access Journals (Sweden)

    Janis Wolak

    2015-07-01

    Full Text Available This paper looks at cases of organized abuse (that is, two or more offenders working in concert and having two or more victims, not solely familial reported by law enforcement respondents during the three waves of the National Juvenile Online Victimization (NJOV Study (n=29. The NJOV Study collected data from a national US sample of law enforcement agencies about technology-facilitated crimes ending in arrest at three time points: mid-2000 to mid-2001, 2005 and 2009. The paper reports on the prevalence of technology-facilitated organized abuse ending in arrest, contexts of cases and characteristics of offenders and victims. 

  6. Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

    Directory of Open Access Journals (Sweden)

    Mancano Leandro

    2016-05-01

    Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

  7. JURISPRUDENTIAL EXAMINATION REGARDING BIOLOGICAL SAMPLING IN THE CASE OF CONVICTED PERSONS

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    Gabriela\tNEMŢOI

    2015-12-01

    Full Text Available Objectives: The research devotes particular attention to the timing of biological sampling in the case of convicted persons. The main idea of the research is the factual situation regarding the criminal case law, which is not unified; problematic that prevents the formation of the National System of Judicial Genetic Data. Materials and Methods: The study focuses on evaluating the two opinions of jurisprudence on the implementation of the text of the law (Law no. 76/2008. Results: The carried research on different cases has shown that legal text is not mandatory, but its application is arbitrary, at the discretion of the court, but, nevertheless, the biological sampling in the case of convicted persons disregards the form for penalty. Conclusions: In the context of the creation of the National System of Judicial Genetic Data is a control condition on the typology of criminal profiling, we believe that biological sampling should be a priority to ensure safety of the individual.

  8. The Relevance of History of Biology to Teaching and Learning in the Life Sciences: The Case of Mendel's Laws

    Science.gov (United States)

    Dagher, Zoubeida R.

    2014-01-01

    Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…

  9. Empirical evidence in consumer law cases: what are 'up to' claims up to?

    NARCIS (Netherlands)

    Luzak, J.; Heiderhoff, B.; Schulze, R.

    2016-01-01

    In this contribution I argue that in certain consumer law cases providing empirical evidence is necessary and that specific standards of proof should then apply. Only through analysing evidence of actual consumer behaviour as well as of trader’s commercial practices courts and enforcement authoritie

  10. Maximizing Student Learning through Enron: The Ultimate B-Law Case Study

    Science.gov (United States)

    Sipe, Stephanie R.

    2007-01-01

    The Enron scandal has been described as "the corporate scandal of the century." Books have been written about it, its full-length documentary film was nominated for an Academy Award, it appears as an ethical case study in nearly every college business law textbook written since 2002, and for five years running, it has captivated the…

  11. SLAVERY AND CIVIL LAW IN THE ANTEBELLUM SOUTH—TWO CASE STUDIES

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    Harvey Gresham Hudspeth

    2006-01-01

    Full Text Available Antebellum slave law addressed fugitive slaves and criminal offenses committed by masters against slaves and by slaves against masters. Moreover, slaves were both merchandise and personal property that fell under civil monetary statutes pertaining to sales fraud and personal damage to private property. Judgment in two civil cases heard in West Tennessee during the late 185Os turn on such statutes.

  12. Supreme Court Hearing in Texas Admissions Case Exposes Gaps in Affirmative-Action Law

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

    The author reports on the U.S. Supreme Court hearing regarding the Texas admissions case that exposes gaps in the affirmative-action law. As the Supreme Court heard oral arguments in a lawsuit challenging race-conscious admissions at the University of Texas at Austin, it became evident that the court's past rulings on such policies have failed to…

  13. Keck in Capital? Redefining 'Restrictions' in the 'Golden Shares' Case Law

    NARCIS (Netherlands)

    I Antonaki (Ilektra)

    2016-01-01

    textabstractThe evolution of the case law in the field of free movement of goods has been marked by consecutive changes in the legal tests applied by the Court of Justice of the European Union for the determination of the existence of a trade restriction. Starting with the broad Dassonville and Cass

  14. Legal order and the principles of law: Case of the Republic of Slovenia

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    Dr.Sc. Bojan Tičar

    2012-12-01

    Full Text Available In this article author defines law a system of rules and principles that regulate, within the boundaries of legal regularity, the vitally important external conduct and behavior of the subjects in a state-organized society. In this context he upgrades rethinking of law with definition of legal order. A legal system or legal order author see as an integrated whole of the hierarchically regulated principles of law, rules, and general legal acts which apply in a certain country, are published, and enter into effect from a certain date following adoption. In central part of the article author explains the case of legal regulation in Slovenia. He describes which legal acts are adopted in Slovenia and how is it done in the context of EU regulation. Author concludes the article with an idea that legal theoreticians have still not agreed on a uniform definition of the essence of law. Author thinks that law can be understood instrumentally. Instrumental law is a tool prescribed in advance which is composed of rules that are suitable for preventing and resolving conflicts between subjects in society.

  15. ADMITTING GUILT IN COURT CASE IN ACCORDANCE WITH NEW LEGISLATIVE CHANGES

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    SIMONA TACHE

    2011-04-01

    Full Text Available Entry into force of the law no.202/2010 regarding some measures to speed up the trial processes already raises some problems of interpretation especially concerning cases that are pending. Such a situation was inevitable since the transitional provisions could not cover all situations arising in practice, and the law mentioned abovecreate some completely new institutions in our criminal law. But I believe that for the new institution of admitting guilt in court case, would be required to adopt transitional rules necessary to eliminate the controverses that arise and will arise in practice. As any new institution, admitting guilt in court case willrequire a certain period of time untill crystallize an unitary practice field, even more because the text contains some vague expressions. Unfortunately, the courts have no benefit yet of a fast and efficient mechanism for unifying the jurisprudence, and this fact will probably affect also the solutions that will be taken by the courts in this matter.

  16. Noncommutative reciprocity laws on algebraic surfaces: the case of tame ramification

    Science.gov (United States)

    Osipov, D. V.

    2013-12-01

    We prove noncommutative reciprocity laws on an algebraic surface defined over a perfect field. These reciprocity laws establish that some central extensions of globally constructed groups split over certain subgroups constructed by points or projective curves on a surface. For a two-dimensional local field with a last finite residue field, the local central extension which is constructed is isomorphic to the central extension which comes from the case of tame ramification of the Abelian two-dimensional local Langlands correspondence suggested by Kapranov. Bibliography: 9 titles.

  17. Regulatory Impact Assessment (RIA and Rationality of Law – Legal Aspects

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    Jan Chmielewski

    2015-06-01

    Full Text Available Purpose: The fundamental aim of this article is to verify an assumption according to which the proper Regulatory Impact Assessment (RIA is a key factor in the rationality of law. Rational law is a law which is effective and able to realize and achieve social, economic and environmental aims determined and established by the lawmaker. Methodology: The scope of this paper – which determines its structure – encompasses the definition of RIA, including its specific (but non-legal forms such as benchmarking and evaluation. As far as we are concerned, these methods can provide – as a kind of Regulatory Impact Assessment a significant tool for measuring the rationality of regulations. Furthermore, the usefulness of benchmarking and evaluation has been recognised by representatives of jurisprudence. We will also explain the concept and the assumptions of the rationality of law on the grounds and in the light of the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. This should allow to countercheck the main thesis of this paper. The methodology encompasses primary legal methods such as literature, case law and legislation analysis. Findings: An indispensable condition of the rationality of law is actual elimination of irrational regulations which were not subjected to the Regulatory Impact Assessment. Practical implications: Although RIA is a problematic issue (in terms of its practical application,it is necessary to carry it out in order to assure the rationality of law. A good and desirable complement to Regulatory Impact Assessment are non-legal methods such as benchmarking and evaluation. Originality: Originality and value of this survey lies in taking into account the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. Additionally, this paper is original in that it considers non-legal methods in the examination of the rationality of law.

  18. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

    2008-07-01

    The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

  19. Exploring the Role of the Internet in Juvenile Prostitution Cases Coming to the Attention of Law Enforcement

    Science.gov (United States)

    Wells, Melissa; Mitchell, Kimberly J.; Ji, Kai

    2012-01-01

    This exploratory analysis examines the role of the Internet in juvenile prostitution cases coming to the attention of law enforcement. The National Juvenile Prostitution Study (N-JPS) collected information from a national sample of law enforcement agencies about the characteristics of juvenile prostitution cases. In comparison to non-Internet…

  20. Obsolete Laws: Economic and Moral Aspects, Case Study-Composting Standards.

    Science.gov (United States)

    Vochozka, Marek; Maroušková, Anna; Šuleř, Petr

    2016-11-28

    From the early days of philosophy, ethics and justice, there is wide consensus that the constancy of the laws establishes the legal system. On the other hand, the rate at which we accumulate knowledge is gaining speed like never before. Due to the recently increased attention of academics to climate change and other environmental issues, a lot of new knowledge has been obtained about carbon management, its role in nature and mechanisms regarding the formation and degradation of organic matter. A multidisciplinary techno-economic assessment of current composting standards and laws that took into account the current state of knowledge about carbon management was carried out as a case study. Economic and environmental damage caused by outdated laws was revealed. In addition, it was found that the introduction of the best composts into the market is permitted, causing additional negative environmental as well as economic impacts.

  1. H. Beale et al., Cases, Materials and Texts on Contract Law, 2nd ed. (Oxford: Hart Publishing, 2010; and T. K. Graziano, Comparative Contract Law: Cases, Materials and Exercises (Basingstoke: Palgrave MacMillan, 2009

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2011-03-01

    Full Text Available view essay of the following books on comparative law: Hugh Beale, Bénédicte Fauvarque-Cosson, Jacobien Rutgers, Denis Tallon and Stefan Vogenauer, Cases, Materials and Text on Contract Law, 2nd ed. (Ius Commune Casebooks for the Common Law of Europe No. 6 (Oxford, United Kingdom: Hart Publishing, 2010 lxxxiv + 1358 pp. paper. 38.95 GBP; and Thomas Kadner Graziano, Comparative Contract Law: Cases, Materials and Exercises (Basingstoke, United Kingdom: Palgrage MacMillan, 2009 xi + 510 pp. paper. 34.99 GBP

  2. New class of control laws for robotic manipulators. I - Nonadaptive case. II - Adaptive case

    Science.gov (United States)

    Wen, John T.; Bayard, David S.

    1988-01-01

    A new class of exponentially stabilizing control laws for joint level control of robot arms is discussed. Closed-loop exponential stability has been demonstrated for both the set point and tracking control problems by a slight modification of the energy Lyapunov function and the use of a lemma which handles third-order terms in the Lyapunov function derivatives. In the second part, these control laws are adapted in a simple fashion to achieve asymptotically stable adaptive control. The analysis addresses the nonlinear dynamics directly without approximation, linearization, or ad hoc assumptions, and uses a parameterization based on physical (time-invariant) quantities.

  3. Contracts Contrary to Public Policy under English Law and Dutch Law : The Case of Agreements Affecting Matrimony

    NARCIS (Netherlands)

    Mansoor, Zeeshan

    2014-01-01

    Both English law and Dutch law contain general rules that result in the invalidity of contracts that conflict with morality or public policy. Working on the premise that each country has its own unique set of factors shaping public interests, this article highlights methodological aspects of identif

  4. The environmental protection in the jurisprudence of the Inter-American Court of Human Rights

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    Valerio de Oliveira Mazzuoli

    2015-09-01

    Full Text Available This article examines the interconnections between environmental issues and the protection of human rights, in a process that began in the United Nations Conference on the Human Environment (Stockholm, 1972 and has been developed by the greening of the regional human rights systems. In the Inter-American system the article 11 of the Additional Protocol to the American Convention on Economic, Social and Cultural Rights of 1988 — the Protocol of San Salvador — guarantees the right to a healthy environment. However the American Convention (on its arts. 3-25, 44-51 and 61-69 and its Additional Protocol (on its arts. 8, 13 and 19.6 only allow the submission of individual petitions to the Inter-American Commission and the possible acting of the Inter-American Court, in complaints containing alleged violations of civil and political rights, trade union rights and the right to education. Despite the lack of devices that are capable to ensure an effective protection to the right to a healthy environment, by itself, the Inter-American Court has demonstrated the greening of the human rights, which means, in other words, that it is quite possible to protect environmental issues by the demonstration of its interconnections with civil and political rights that are directly protected by the inter-American system. Therefore, it is necessary to understand the contributions of the jurisprudence of the Inter-American Court in the strengthening of the civil and political rights in cases related to environmental issues.

  5. Concept mapping in legal documents. Case study : The translation of family law for Moroccan migrants

    OpenAIRE

    2015-01-01

    Concept mapping in legal documents. Case study : The translation of family law for Moroccan migrants . LaHoussine Id-Youss & Frieda Steurs KU Leuven Abstract : The translation of legal documents is one of the most important activities for many translators. Looking at the internationalization of many activities, mobility of citizens and migration has increased. People migrate for economic reasons, looking for new employments elsewhere. This causes an increased used of new ...

  6. Equal Protection Under the Law: Do Female Justices have a Different Voice?

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    Katherine Jorgensen

    2012-01-01

    Full Text Available As women take on a continuously larger role in the legal field, it has become tremendously important to study and understand the impact women are having on the judicial system. This work explores the role of women in the judiciary. Specifically, I examine the Supreme Court of the United States to find out whether women’s jurisprudence differs from that of their male colleagues. For this paper, I limit my examination to cases involving equal protection under the law. The theory I employ is that of Carol Gilligan, who argues that across many realms, women have a uniquely different voice than men (1982. Through a quantitative analysis of 49 cases dealing with issues of equal protection under the law, I show that Gilligan’s theory helps us understand how cases are decided in the United States Supreme Court. Additionally, I show how the “Different Voice” model improves upon existing models of judicial decision making by Lee Epstein, Jeffrey Segal, and Harold Spaeth. This paper expands current gender and politics literature, which had previously used Gilligan’s insights to examine U.S. state legislatures, by analyzing decision making in the Supreme Court. This paper thus illustrates that women, due to their unique life experiences, have a different understanding of the law in regards to equality and equal protection under the law.

  7. The Comparative Jurisprudence of Wildfire Mitigation: Moral Community, Political Culture, and Policy Learning

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    Lloyd Burton

    2013-04-01

    Full Text Available The cultural and societal diversity in the jurisprudence of living dangerously reflects equally diverse views on the deeper question of law’s moral purpose. What duty of care does (or does not a community owe to those at the greatest risk of harm to their homes and persons? And is there also a right to be left alone—to assume all the risks and all the responsibilities for one’s own well-being, neither helped nor hindered by the community of which one is a part?This article reports comparative research being done on two states in the U.S. that have used the law to answer these morally freighted questions in very different ways, with specific regard to land use regulation in forested areas where wildfires have taken many lives and destroyed billions of dollars in residential property. It also suggests how this same analytic framework might be applied to transnational research in other legal cultures also endangered by catastrophic wildfires, such as Australia and Spain. La diversidad cultural y social en la jurisprudencia de los lugares en los que se vive bajo un peligro refleja equitativamente diferentes opiniones sobre el propósito moral de la ley, un tema más profundo. ¿Qué obligación tiene (o no una comunidad de ofrecer atención a aquellos individuos en mayor riesgo de sufrir daños sobre sus hogares o personas? ¿Y existe también el derecho a que cada uno asuma todos los riesgos y todas las responsabilidades sobre su propio bienestar, sin que le ayude, o le moleste, la comunidad de la que forma parte?Este artículo presenta una investigación comparativa desarrollada en dos estados de EE.UU. que han utilizado la ley de manera muy diferente, para responder a estas preguntas de gran carga moral, con especial referencia a la regulación del uso de la tierra en zonas donde los incendios forestales han causado muchas víctimas personales además de pérdidas de millones de dólares en propiedades residenciales. También sugiere que

  8. The Great War and Its Significance for Law, Legal Thinking and Jurisprudence

    NARCIS (Netherlands)

    Boom, van W.H.

    2014-01-01

    This year marks the centenary of the outbreak of the Great War, the First World War. The remembrance events, museum exhibitions, TV-programs and numerous publications rightly draw attention to the Great War. Obviously, in the past century much scholarly work has been dedicated to the Great War, its

  9. Expansion of citizenship rights based on religious teachings Jurisprudence and Law

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    Alireza ShekarBeigi

    2014-02-01

    Full Text Available Social life, social relationships between people in society demands that must be surrendered under regularity. However, if there is no discipline in society, coercion and extortion and deception, will govern relations among people, and this fighting and turmoil, to be brought along. Individual citizen, in connection with a government, civil and political rights on the one hand, and on the other hand, the government is responsible for that task. Citizenship, a status is active. Excellent basis for human affairs is considered. Citizen initiatives demand that all people be treated equally, the roots of the social tensions that threaten social order, to dry. The concept of citizenship, establishes a balance between rights and responsibilities. Monitoring and Control (enjoining and forbidding the evil, one of the tasks is inevitable, as a citizen, and plays an important role in human resource development, community plays, and citizens in its decision aids improve, It is essential that the citizens of the community, become more familiar with this monumental task, and continually upstream and child, monitoring and control, and specifying their advantages and disadvantages, in the course of human perfection, and realization of important objectives, such as social justice, the basic steps to take. It is also essential that the citizens of the Muslim community, enjoining and forbidding the evil (monitoring and control, from the perspective of management are favored. In the public administration and enjoining good and forbid the evil, that good citizenship is a definite component of the index, the results will follow, that has been mentioned

  10. A Comparative Approach to the Principles of Proportionality and Subsidiarity in the Jurisprudence of the ECJ and the ACCJ: The Coordination-Harmonization of Regional Legal Pluralisms under the Challenge of the Internationalization of Regional Integration

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    Grenfieth de Jesus Sierra cadena

    2013-12-01

    Full Text Available Given the current complexity of performing a comparative analysis of European Union Law and Andean Community Law as a result of growing pluralistic internationalization, the mere idea of coordinating the various regional legal pluralism leads us to reassess the great principles of interpretation of the law as a representation of both the diversity and the unity of a supranational legal system. Nowadays, it does not seem possible to define the boundaries of the internationalization of Regional Integration Law, as they are vague and permeable. It is therefore necessary to study the center of this legal internationalization based on the comparison of macro-principles of a universal type. Proportionality and subsidiarity can be analyzed from a comparative perspective based on the jurisprudence of the ECJ and TJCA. The first principle may be viewed as a means of coordinating community rights while the latter may be viewed as a means for the coordination of community competences.

  11. The Meaning of Law Through State in Legal Framework of “Rechtstaat”

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    Jeffry Alexander Ch. Likadja

    2015-04-01

    Full Text Available This research reviews the meaning of law through state in legal framework of “Rechtstaat” and how the implementation and implications for the liberty (peoples in Indonesia. The type of study was a normative research (doctrinal research by using existing conceptual approach. The outcomes of the research indicate that the Rule of Law is necessary to make the concept rechtstaat becomes more dynamic and able to deal with social changes in society and make the law more autonomous than other authorities such as political intervention. Furthermore, Implementation of freedom in the context of state law is interpreted narrowly and only considers justice can be done if the procedural law can be obeyed by all citizens. The main purpose of the application of the Rule of Law is the limitation of authority and power reduction obligations of citizens, so that it will produce a doctrine of jurisprudence based on the rights (right centered jurisprudence.

  12. A View on ECHR Case law for Salary Policy in Romanian Public Sector

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    Mihaela Tofan

    2016-03-01

    Full Text Available As the economies of other countries in Western Europe, the Romania's economy went through a very difficult period because of the international financial crisis, with GDP falling by over 18%. In the situation of no longer being able to meet its payment obligations and under the pressures of international financial organizations, the Romanian government opted for the radical measure of cutting public sector wages by 25%. Faced with this unprecedented action of country administrative power representatives, the Romanian civil servants attacked this measure in national courts and after that, in front of the ECHR. This article presents the solutions of the Romanian courts, the European jurisprudence on lowering wages and its implications for public solutions Romanian legal systems.

  13. 法理学视野中的社会排斥问题探析%The Social Exclusion in the Jurisprudence Perspective

    Institute of Scientific and Technical Information of China (English)

    袁丁

    2012-01-01

    社会排斥为一在社会学与公共政策领域得到越来越多关注之问题。目前,相关研究大部分集中于社会学、以及经济学、政治学等领域,来自法学领域的回应却十分贫乏。虽然当代社会排斥的政策实践已日渐发达,但如缺乏规范伦理和法理学上之审慎思考,政策实践则仅仅是某种权宜之计或实用性妥协,而无法被当作其他辩护主张所援引的先例或标准,而法理学反思则可以使社会排斥真正成为一种基本正义的问题,甚至可以进而通过探讨反社会排斥中的人权问题,最终使得实际妥协性政策措施上升为关于新法律原则的承诺和法律加以保护的权利。本文主要讨论社会排斥与两种自由观念的关系、社会排斥与两种常见国家观念之关系,以及一种反对社会排斥的社会融合权是否必要和可能这三个问题,力求从法理学层面对社会排斥问题做出初步的分析和回应。%Social exclusion are drawing more and more attention in the research of sociology and public policy.Currently,most of the relevant studies focused on sociology,economics,political science and other fields,but there is very poor response from the field of jurisprudence.Although the policy and practice about social exclusion have become more developed,but as the lack of careful consideration on normative ethics and jurisprudence,policy practice is just some kind of expediency or practicality compromise,and cannot be treated as precedent or standard cited by other defense advocates.Jurisprudence may treat social exclusion as one of the basic problems of justice.By exploring human rights issues in social exclusion,jurisprudence ultimately makes the actual compromise policy measures become the principles of the new law and the legal protection of the rights.This paper focuses on the relationship of social exclusion with both the concept of freedom,with the two common state concept,as well as whether the

  14. “The French Constitutional Council as the Rottweiler of the Republican Ideal in the Language Field: Does Jurisprudence Really Reflect Reality?”

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    Stefan Graziadei

    2012-11-01

    Full Text Available France is known for being a champion of individual rights as well as for its overt hostility to any form of group rights. Linguistic pluralism in the public sphere is rejected for fear of babelization and Balkanization of the country. Over recent decades the Conseil Constitutionnel (CC has, together with the Conseil d’État, remained arguably the strongest defender of this Jacobin ideal in France.In this article, I will discuss the role of France’s restrictive language policy through the prism of the CC’s jurisprudence. Overall, I will argue that the CC made reference to the (Jacobin state-nation concept, a concept that is discussed in the first part of the paper, in order to fight the revival of regional languages in France over recent decades. The clause making French the official language in 1992 was functional to this policy. The intriguing aspect is that in France the CC managed to standardise France’s policy vis-à-vis regional and minority languages through its jurisprudence; an issue discussed in the second part of the paper. But in those regions with a stronger tradition of identity, particularly in the French overseas territories, the third part of the paper argues, normative reality has increasingly become under pressure. Therefore, a discrepancy between the ‘law in courts’ and the compliance with these decisions (‘law in action’ has been emerging over recent years. Amid some signs of opening of France to minorities, this contradiction delineates a trend that might well continue in future.

  15. Opportunities in EU case law for achieving Dutch sustainable energy targets: it's up to the Netherlands to seize them

    NARCIS (Netherlands)

    Lavrijssen, S.A.C.M.

    2013-01-01

    This article draws on recent case law of the European Court of Justice to examine the opportunities available in European Union law to promote the generating of electricity from renewable sources within the Dutch system for managing congestion in the electricity grid (CMS) and for allocating the cos

  16. Abuse of dominant position in Albania based in jurisprudence

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    Endri Papajorgji

    2016-11-01

    Full Text Available Competition law and cartel is the basis of a modern economy. While in the US, competition law exists and is terminologically known and is part of legislation since 1890 (Sherman Law, in Europe, it has become part of the founding treaties of the EU since 1957 by the Treaty of Rome. However, at that time, “culture of competition” would be born in the member states of the EU, which traditionally favour cartel agreements, state aid and the promotion of national products. Some EU member states have included competition law in their national legislation in the early 90-s. Rules were set for the first time on competition in the coal and steel market under Articles 65 and 66 of the Treaty of Rome, constituted a new terminology for member states. Albania has worked during these 24 years of democracy, to apply the basic principles of market economy and along with it the Lisbon Treaty, Regulations and EU Directives in the frame of competition. Main purpose of this manuscript is to give an overview of the abuse of dominant position in the frame of the most important court decision of this legal institution in Albania.

  17. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective.

    Science.gov (United States)

    Pandit, M S; Pandit, Shobha

    2009-07-01

    A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  18. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective

    Directory of Open Access Journals (Sweden)

    M S Pandit

    2009-01-01

    Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  19. Probability Arguments in Criminal Law - Illustrated by the Case of Lucia de Berk

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    Herman Philipse

    2015-01-01

    Full Text Available Which logic of probability should be applied with regard to factual hypotheses in criminal cases? In this article, I discuss two possible logical reconstructions of the so-called Coincidence Argument, which played a crucial role in the conviction of Lucia de Berk by the Court of Appeal of The Hague (Gerechtshof ’s-Gravenhage in 2004. If the argument is construed as an instance of the Law of Likelihood, nothing follows with regard to the probability that Lucia was a serial killer. If, however, the Argument from Coincidence may be interpreted charitably as an instance of Bayesian updating, the Court of The Hague did not fathom the diversity of the data needed in order to make it sound. Clearly, the Court had an insufficient grasp of the logic involved in the Coincidence Argument. Since this example is not atypical, I recommend law faculties to include probability logic (inter alia in their courses on legal reasoning.

  20. Power-law Distributions in Information Science - Making the Case for Logarithmic Binning

    CERN Document Server

    Milojević, Staša

    2010-01-01

    We suggest partial logarithmic binning as the method of choice for uncovering the nature of many distributions encountered in information science (IS). Logarithmic binning retrieves information and trends "not visible" in noisy power-law tails. We also argue that obtaining the exponent from logarithmically binned data using a simple least square method is in some cases warranted in addition to methods such as the maximum likelihood. We also show why often used cumulative distributions can make it difficult to distinguish noise from genuine features, and make it difficult to obtain an accurate power-law exponent of the underlying distribution. The treatment is non-technical, aimed at IS researchers with little or no background in mathematics.

  1. Law of requisite variety: a case of IT and business alignment

    Directory of Open Access Journals (Sweden)

    Jaroslav Kalina

    2011-07-01

    Full Text Available This paper provides an explanation of the increasing complexity of corporate IT management as a special case of application of the law of requisite variety. Frequently cited drawback of established frameworks of IT best practices like COBIT and ITIL is their complexity and related difficulty in their implementation. Through the perspective of the law of requisite variety, drawn from the field of cybernetics, we can take a more elaborated approach to this phenomenon. First, through mapping the domain of corporate IT management to the concepts from cybernetics, we ground this area in set of well defined terms. The aim of this paper is to promote the perspective, that problems with increasing complexity in IT management are directly traceable to the encompassing business environment.

  2. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  3. The Morality of Aspiration: A Neglected Dimension of Law and Morality

    NARCIS (Netherlands)

    W. van der Burg (Wibren)

    1999-01-01

    markdownabstractIntroduction In The Morality of Law, Fuller introduces the distinction between the morality of duty and the morality of aspiration, and applies it to problems of jurisprudence. 1 In moral theory, both types of morality may be easily associated (though never completely identified) w

  4. A particular articulation of judicial activism of the CJEU in its approach towards international law

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial act...

  5. Minimum Vital of Drinking Water in the Jurisprudence of the Colombian Constitutional Court

    OpenAIRE

    Restrepo Gutiérrez, Elizabeth; Universidad Nacional de Colombia sede Medellín; Zárate Yepes, Carlos Alberto; Universidad Nacional de Colombia sede Medellín

    2016-01-01

    The minimum vital of drinking water for vulnerable people isprotected by the Colombian Constitutional Jurisprudence,locally and nationally. The Constitutional Court has created asolid jurisprudential line on the right to water in relation to thesuspension of water supply service for the customer’s failure topay for the service; this Court has also defined the conditionsnecessary for the companies to refrain from suspending serviceand the minimum amount necessary for survival. Compliance witht...

  6. [Professional civil responsibility of physicians: towards a modification of the law in the year 2000?].

    Science.gov (United States)

    Thiry, E

    2000-09-01

    For more than twenty years, physicians, lawyers, insurers and patients stress the wrong working of civil medical liability in our country. After surveying the most important slacknesses of the current system, the author examines the answers or proposals on the one hand of the jurisprudence and on the other hand of the governing authorities and finally of the scientific sector. The study emphasizes also the current community of interest which leads to implementation of a new law which content is however difficult to define. At last, the author tries to show the most clearly expected modifications and suggests also some practical pieces of advice regarding the evolution of the jurisprudence.

  7. The Knowledge Contribution of "Jurisprudence" by Professor Bernd Ruthers%知识贡献:魏德士之《法理学》

    Institute of Scientific and Technical Information of China (English)

    韩晗

    2009-01-01

    As the current trend of convergence of the law, the improvement and development of law needs absorbing other system is an undisputed fact. It is necessary for China at the rule of law to refer the legal sys-tem and the legal theory of other countries. German Law for its mature legal theory and doctrine, have had an important impact on the development of the world law and legal system. China is also far-reaching influenced. The monograph "jurisprudence" by contemporary German famous jurist Professor Bernd Ruthers, with discipline style,a new perspective and rich informative, can help China's student who study the law to form the thought of lawyer. While the theoretical research on the China Law, as well as legal education can also get a reference from the monograph.%随着当前法律的趋同化趋势进一步加强,法律的进步和发展需要博采众长已是不争的事实,因此,中国法治对域外法律制度、法学理论的借鉴很有必要.具有丰富成熟的法律理论与教义的德国法学,对世界法制发展产生过重要影响.对我国法学和法制建设也影响深远.德国当代著名法学家魏德士教授,其专著体例严谨规范,角度新颖,内容翔实,能帮助中国的法律研习者形成法律人思维,对中国法学理论研究以及法学教育亦有很好的借鉴作用意义.

  8. Gender Jihad: Muslim Women, Islamic Jurisprudence, and Women's Rights

    Directory of Open Access Journals (Sweden)

    Melanie P. Mejia

    2007-06-01

    Full Text Available Muslim women's rights have been a topic of discussion and debate over the past few decades, and with a good reason. Islamic Law (Shariah is considered by many as patriarchal and particularly oppressive to women, and yet there are also others-Muslim women-who have rigorously defended their religion by claiming that Islam is the guarantor par excellence of women's rights. A big question begs to be answered: is Islam particularly oppressive to women?The Qur'an has addressed women's issues fourteen hundred years ago by creating certain reforms to improve the status of women; however, these reforms do not seem to be practiced in Muslim societies today.1 How is this so? I contend that Islam, as revealed to Muhammad, is not oppressive to women; rather, its interpretation, in so far as it is enacted in the family laws and everyday living, is patriarchal and hence needs to be examined.2 The goal of this work is to discuss what the Qur'an says about certain problems which gravely affect Muslim women, specifically: 1. gender equality 2. polygamy 3. divorce and the concept of nushuz

  9. The influence of the rulings of the Constitutional Court on the development of health law in Lithuania.

    Science.gov (United States)

    Birmontiene, Toma

    2007-12-01

    This article highlights some recent developments in the constitutional doctrine of the right to health care in Lithuania, and more in particular the impact of the decisions of the Constitutional Court of Lithuania on the development of health law. The right to health care, enshrined in the Constitution, is both an obligation of the state and an individual right. The Constitutional Court has developed a doctrine of the right to health care, as well a doctrine of certain other constitutional social rights, which is based on the understanding of the close interrelation between the different constitutional rights, the principle of indivisibility and equal importance of these rights, and the presumption of justiciability of social rights. The analysis is based on the jurisprudence of the Constitutional Court. Two cases on the disputes of the legal regulation concerning the pharmaceutical activities are presented in more detail.

  10. Codifying a jurist’s law: Islamic criminal legislation and Supreme Court case law in the Sudan under Numairi and Bashīr

    OpenAIRE

    Köndgen, O.A.

    2013-01-01

    In 1983 the Sudan introduced for the first time an Islamized penal code which, after a period of strict application, was first suspended with regard to the harsher corporal punishments and subsequently replaced in 1991 by a new, overhauled Criminal Act. The present thesis analyses Islamized Sudanese criminal legislation and ICL-related case law of the Sudanese Supreme Court. In addition, a number of interviews with judges, lawyers, academics, and politicians were conducted. The main research ...

  11. The Sporting Exemption in European Case Law (The «Olympique Lyonnais» case.

    Directory of Open Access Journals (Sweden)

    MARIOS PAPALOUKAS

    2010-01-01

    Full Text Available In the early nineties, when the “Bosman” case arose, sports authorities were faced with a great challenge. The widely accepted autonomy and self-regulation of the sports sector was at stake. If sports were to be treated as just an-other economic activity without exceptions and if its specific characteristics were not recognised, the whole athletic establishment would be endangered. Since then there were many efforts both from member states and from sports entities in order to establish the so called “sporting exemption” on a political level as well as before the European Court of Justice (henceforth ECJ. The “Olympique Lyonnais” case presents an opportunity for the ECJ to rule in favour of the existence of the exemption. Advocate General E. Sharpston delivered her Opinion on the 16th of July 2009 supporting the exemption. The present contains a summary of this opinion as well as remarks on the effect that this case is going to have on the athletic establishment if the ECJ adopts the Advocate General’s views on the matter.

  12. "War" in the Jurisprudence of the Inter American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Laurence Burgorgue - Larsen

    2010-12-01

    Full Text Available How have Inter-American Human Rights bodies dealt with the notion of “war”, which has been transformed over time into the notion of internal and international “armed conflicts”? This question provides the analytical foundation of the first part of this study, which sets out the various types of conflicts that have occurred in the American continent. These situations (armed conflicts, internal strife, State terrorism have produced a wide range of legal categorizations, utilized by both the Commission and Inter-American Court of Human Rights in their case-law. This conceptual delimitation carried out by these two bodies is all the more important as it affects the law that applies to armed conflicts. Indeed, by analysing this question, the never-ending debate on the relationship between International Human Rights Law and International Humanitarian Law reappears. The second part of this study therefore focuses on the issue of discovering whether and in which way jus in bello has found its place into the Inter-American Human Rights bodies’ case-law. As the active political life of Latin American societies has shown, the study of the different applicable legal regimes also requires looking into “state of emergency” Law, an issue which has been shaped by the Inter-American Court and Commission’s work.

  13. Good faith in corporate law – an independent fiduciary duty or an element of the duty of loyalty?

    Directory of Open Access Journals (Sweden)

    Adina Ponta

    2016-12-01

    Full Text Available Taking the duty of loyalty as a starting point, which we consider to be the director’s core fiduciary duty, this paper aims at identifying the contours of good faith in corporate law and the interpretations of this institution in corporate governance. The objective of the paper is to demonstrate the autonomy of good faith, along with the duty of care and the duty of loyalty. The paper displays the traditional legal approaches of this institution, both in continental civil law and in common law literature and jurisprudence and exhaustively describes the obligations that compose or even define this concept. Due to its amplitude, the duty of good faith enabled courts to articulate subsidiary fiduciary duties that meet social changes and transformation within business law. By means of cited case law, the conclusion will show that due to the nature, content and effects of situations where specific obligations are met, these may not be incorporated as elements of the traditional duty of care or duty of loyalty.

  14. BUT IS IT SPEECH? MAKING CRITICAL SENSE OF THE DOMINANT CONSTITUTIONAL DISCOURSE ON PORNOGRAPHY, MORALITY AND HARM UNDER THE PERVASIVE INFLUENCE OF UNITED STATES FIRST AMENDMENT JURISPRUDENCE

    Directory of Open Access Journals (Sweden)

    Letetia van der Poll

    2012-08-01

    Full Text Available Under the pervasive influence of United States First Amendment jurisprudence, adult gender-specific sexually explicit (or “pornographic” material is conceptualized, and thus protected in the “marketplace of ideas”, as a particular mode of expression; to be viewed as part of the fabric of an open, free and democratic society. The values which free expression are seen to promote centre upon the advancement of political debate and promotion of personal self-fulfilment and autonomy. Attempts to conceptualise sexually explicit material within a gender-specific human rights framework present distinct challenges which, in a patriarchal legal and political design, appear to be near insurmountable. These challenges seem to be related to the enduring impact of the common law conception of obscenity (with its strong moralistic overtones on the jurisprudence of the United States Supreme Court, coupled with a subjective libertarian-inspired test, and the Supreme Court’s general reluctance (also echoed by the South African Constitutional Court to consider a gender-specific conception of harm emanating from feminist arguments premised upon women’s constitutional interests in human dignity, equality and bodily integrity. The social revolution of the 1960s, coupled with the women’s liberation movement, called for a distinct departure from the traditional conception of sexually explicit material as a mode of constitutionally defendable free speech and expression, a conception which unavoidably calls for a moralistic approach, separating acceptable forms of expression from those not deemed worthy of (constitutional protection (termed “obscenity”, specifically created to satisfy the “prurient interest”. The Supreme Court’s obscenity jurisprudence is characterised by two key features. First, the court subscribes to an abstract concept of free speech, which proceeds from the assumption that all speech is of equal value, and thereby surmises

  15. 29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

    Science.gov (United States)

    2010-07-01

    ... justice would be served thereby; (6) To regulate the course of the hearing and, if appropriate or... hearing to state their respective positions concerning any issue in the case or theory in support...

  16. The normative power of the international commission of radiation protection on the approval of the international and communal jurisprudence; Le pouvoir normatif de la commission internationale de protection radiologique a l'epreuve de la jurisprudence internationale et communautaire

    Energy Technology Data Exchange (ETDEWEB)

    Lajoinie, O

    2006-01-15

    From an original synthesis of the jurisprudence given by the regular control agency of the international work organization concerning the Convention OIT 115 relative to the protection of workers against the ionizing radiations, as well as an alternative analysis of a communal jurisprudence (CJCE, C-376/90, 25 November 1992: Commission of the European Communities against the Belgium kingdom), this work aims to bring a new way to see the power that exerts a non governmental organization with a scientific character: the International Commission for Radiologic Protection (ICRP) when it gives its 'recommendations'. (O.M.)

  17. Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

    Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

  18. Syariah Courts in Malaysia and the Development of Islamic Jurisprudence: The Study of Istihsan

    Directory of Open Access Journals (Sweden)

    Mohd Hafiz Jamaludin

    2014-06-01

    Full Text Available Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM. The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept.

  19. Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia

    OpenAIRE

    Tamir Moustafa

    2013-01-01

    Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as b...

  20. Threats and Violence in the Lead-up to Psychiatric Mechanical Restraint – a Danish Case Law Study

    DEFF Research Database (Denmark)

    Birkeland, Søren

    ’s view and could collide with bioethical patient autonomy principles as well as health law informed consent obligations this is problematic. A reduction in usage is considered warranted and addressing illegitimate MR would be an obvious point of departure. In so far as one important reason...... on case contents like threatening behavior, violence, patient characteristics, MR type, and case decision. Findings: Among 163 cases, 28 cases (17%) revealed physical violence towards staff or other patients (for example in one case the patient restrained a staff contact person with a choke hold thereby...

  1. The role of law in public health: the case of family planning in the Philippines.

    Science.gov (United States)

    Mello, Michelle Marie; Powlowski, Marcus; Nañagas, Juan M P; Bossert, Thomas

    2006-07-01

    Compared to neighboring countries, the Philippines has high fertility rates and a low prevalence of modern-method contraception use. The Philippine government faces political and cultural barriers to addressing family planning needs, but also legal barriers erected by its own policies. We conducted a review of laws and policies relating to family planning in the Philippines in order to examine how the law may facilitate or constrain service provision. The methodology consisted of three phases. First, we collected and analyzed laws and regulations relating to the delivery of family planning services. Second, we conducted a qualitative interview study. Third, we synthesized findings to formulate policy recommendations. We present a conceptual model for understanding the impact of law on public health and discuss findings in relation to the roles of health care provider regulation, drug regulation, tax law, trade policies, insurance law, and other laws on access to modern-method contraceptives.

  2. Limits on Exoneration from Responsibility in International Law: Amnesties, Selection and Priorization of Cases in National Jurisdiction

    Directory of Open Access Journals (Sweden)

    Sebastián Machado Ramírez

    2014-04-01

    Full Text Available Much has been said about the legal tools that a State has to confront a process of transitional justice. Traditionally, international literature has discussed the content of the “truth, justice and reparation” standards. Notwithstanding, little attention has been paid to the legal sources that may limit or permit the partial preclusion of wrongfulness in transitional justice mechanisms. This preclusion of wrongfulness may be part of a prosecutorial policy of prioritization and selection of cases, which may be in turn linked to partial amnesties or pardons. The objective of this article is to study three regulatory frameworks in international law: 1 international human rights law; 2 international humanitarian law; and 3 international criminal law. A close look reveals that no international instrument requires that a State investigates every case related to the armed conflict. In general terms, international law prohibits the adoption of blanket amnesties, but allows the State to select and prioritize its cases, without punishing the partial preclusion of wrongfulness of some of the perpetrators.

  3. THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

    Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

  4. Islam, brain death, and transplantation: culture, faith, and jurisprudence.

    Science.gov (United States)

    Arbour, Richard; AlGhamdi, Hanan Mesfer Saad; Peters, Linda

    2012-01-01

    A significant gap exists between availability of organs for transplant and patients with end-stage organ failure for whom organ transplantation is the last treatment option. Reasons for this mismatch include inadequate approach to potential donor families and donor loss as a result of refractory cardiopulmonary instability during and after brainstem herniation. Other reasons include inadequate cultural competence and sensitivity when communicating with potential donor families. Clinicians may not have an understanding of the cultural and religious perspectives of Muslim families of critically ill patients who may be approached about brain death and organ donation. This review analyzes Islamic cultural and religious perspectives on organ donation, transplantation, and brain death, including faith-based directives from Islamic religious authorities, definitions of death in Islam, and communication strategies when discussing brain death and organ donation with Muslim families. Optimal family care and communication are highlighted using case studies and backgrounds illustrating barriers and approaches with Muslim families in the United States and in the Kingdom of Saudi Arabia that can improve cultural competence and family care as well as increase organ availability within the Muslim population and beyond.

  5. Reflection on Law Case of Xu Ting%许霆案之法学反思

    Institute of Scientific and Technical Information of China (English)

    王志亮

    2012-01-01

    According to the rules of current "Penal Pode", Xu Ting case, compared with curt ruling "thieves offencs", is a typical criminal case that has been resulted form the civil case and is more suitable when it is regarded as embezzlement crime. The apocalypse getting from "Tu Ting case" is that penal code can not wrong an innocent people as well as indulge a crime personp; And, penal should go with in response to the offense, such as:offense is light when penal is light, offense is heavy when the penal weigh. These should be under the modern social penal code principle by the common citizen,lawgiver andjudicatory who are going to pursuing law candor.%“许霆案”是一个由民事行为转化为犯罪行为的典型案件,根据我国现行《刑法》的规定,比之于法院判决“盗窃罪”的定性,其定性为“侵占罪”更为合适。“许霆案”的启示是,刑法既不能冤枉一个无辜者,也不能放纵一个犯罪人;而且,应罪刑相适,罪轻则刑轻,罪重则刑重。这是现代社会刑法理念下普通公民、立法者、司法者应该追求的法律公正。

  6. INTRODUCTION IN THE JURISPRUDENCE OF EUROPEAN COURT OF JUSTICE IN FISCAL MATTER

    OpenAIRE

    CÎRMACIU DIANA

    2009-01-01

    The adherence of Romania to the European Union on January 1st 2007 assumes also the harmonization of Romanian law with the European one. In the fiscal domain, while in case of the value added tax and in case of the excise duties the harmonization is realized through the implementation to the national legislation of the European Directives, in case of the most direct taxes the absence of some harmonized regulations assesses the recourse to the decisions adopted by the European Court of Justice...

  7. The Soviet Sources of Chinese Jurisprudence -Discipline Nature and Knowledge Sources of Chinese Jurisprudence as Primary Investigating Object%中国法学的苏联渊源——以中国法学的学科性质和知识来源为主要考察对象

    Institute of Scientific and Technical Information of China (English)

    王奇才; 高戚昕峤

    2012-01-01

    苏联法学对中国法学的影响,从中国法学的学科性质和知识来源来看,主要表现在资本主义法学与社会主义法学的关系、革命时期法学与执政时期法学的关系、法学与意识形态、法学的研究对象、法学与实践、法学的知识来源、法学研究的范式与方法、法学学科的独立性、法学教育的模式等九个方面。关于中国法学与苏联法学之间的渊源关系,一是要反思中国法学与苏联法学的渊源关系背后的中国法学与苏联模式的渊源关系,二是要反思关于中国法学与苏联法学渊源关系的几种主要研究视角,积极影响和消极影响、路径依赖两种视角并未真正抓住问题的核心,从普遍性与特殊性辩证法的视角展开讨论将是一种更有助益的视角。%Soviet jurisprudence impacts on Chinese jurisprudence, from the discipline nature and knowl- edge sources of Chinese jurisprudence, mainly express in nine aspects, that is, the relationship between capi- talist and socialist jurisprudence, the relationship between revolution and governing period jurisprudence, ju- risprudence and ideology, research object of jurisprudence, jurisprudence and practice, knowledge sources of jurisprudence, patterns and methods of jurisprudence study, independence of jurisprudence discipline and modes of jurisprudence education. As to the source relationship between Chinese and Soviet jurisprudence, first, we need to rethink the source relationships between Chinese jurisprudence and Soviet modes, which hide behind the source relationships between Chinese and Soviet jurisprudence. Second, we need to rethink several primary study perspectives about the source relationships between Chinese and Soviet jurisprudence. The two perspectives of positive and negative impacts and path dependence havent captured indeed the core of issues, and discussing from the dialectic perspective of universality and particularity will be a

  8. Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights. - New, updated edition

    NARCIS (Netherlands)

    McGonagle, T.; Voorhoof, D.; van Loon, A.

    2015-01-01

    New, updated version. This e-book provides valuable insights into the European Court of Human Rights’ case-law on freedom of expression and media and journalistic freedoms. The first edition of the e-book (2013) proved hugely successful, with 18,671 downloads in 2014 alone. The new updated edition s

  9. A critical perspective on the reform of Dutch social security law. The case of the life course arrangement

    NARCIS (Netherlands)

    Eleveld, Anja

    2012-01-01

    This study seeks an answer to the question how the establishment of the idea of individual savings schemes in Dutch collective social security law can be critically explained. The introduction of the Life Course Arrangement serves as a paradigmatic case for this study. Based on a (juridical) discour

  10. The Proliferation of Case Method Teaching in American Law Schools: Mr. Langdell's Emblematic "Abomination," 1890-1915

    Science.gov (United States)

    Kimball, Bruce A.

    2006-01-01

    Case method teaching was first introduced into American higher education in 1870 by Christopher C. Langdell (1826-1906) of Harvard Law School (HLS), where it became closely associated with a complex of academic meritocratic reforms. "Mr. Langdell's method" became, in fact, emblematic, "creating and embodying cultural values and messages" of the…

  11. EU External Relations Law: Text, Cases and Materials, Bart Van Vooren and Ramses A. Wessel, Cambridge University Press, UK, 2014

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

    by the Treaties, and it is suitably placed to become the core text for teaching this expanding EU policy field. In their book, EU External Relations Law: Text, Cases and Materials, Van Vooren and Wessel seek to fill the gap in up-to-date literature from a legal standpoint in the field of external relations...

  12. Public health, cultural norms and the criminal law: an inconvenient union? A case study of female genital cutting.

    Science.gov (United States)

    Iyioha, Ireh

    2012-09-01

    Social and cultural stereotypes held about women and their health needs constitute a significant barrier to the enforcement of laws protecting women's health. While the promulgation of remedial legislation to address the problem is a positive step towards protecting women's health, these laws are promulgated in a cultural milieu that remains unwelcoming to women's rights. The clash between long-held cultural perceptions and health laws, such as those affecting women's reproductive health, engenders more problems for women's health because the laws sometimes fail to produce the desired behavioural changes. This paper attempts to debunk the uncritical assumption that legislative reforms without more are positive instruments of change in protecting women's health. In outlining this thesis, the paper examines the legal prohibition of Female Genital Cutting ('FGC') as a case study. To determine whether FGC prohibition laws are likely to be effective in achieving the public health agenda of protecting women's health, the paper analyzes FGC laws against the normative and instrumental theories of legal compliance, as well as against the socio-cultural worldviews underlying the practice. It concludes that legislative efforts to protect women's health may remain ineffective without structured efforts between health systems, governments or legal institutions and the cultural society.

  13. Transnational Criminal Proceedings, Witness Evidence and Confrontation: Lessons from the ECtHR’s Case Law

    Directory of Open Access Journals (Sweden)

    Lorena Bachmaier Winter

    2013-09-01

    Full Text Available A single European area of freedom, security and justice requires new models of judicial cooperation in criminal matters to be put in place in order to efficiently combat transnational organized crime. However, this should not be done while disregarding the protection of the individual rights of the suspect and the accused: a transnational criminal procedure should not entail a lowering of the procedural safeguards identified by the European Court of Human Rights. The tension between the efficiency in the cooperation and the need to protect the fundamental rights of the defendant is particularly visible in matters of the transnational gathering of evidence, its transfer and its admissibility as evidence against the accused. This paper intends to identify general principles and rules that should be applied in European transnational criminal proceedings with regard to witness evidence. Departing from the ECHR’s case law, this paper will try to identify the principles regarding the hearing of witnesses who reside in another Member State, the admissibility of pre-trial statements as evidence and the need to foster the use of the live video link for witness questioning.

  14. Five Years of Constitutional Jurisprudence in Bosnia and Herzegovina: A First Balance

    Directory of Open Access Journals (Sweden)

    Joseph Marko

    2004-12-01

    Full Text Available The article reflects the experiences of the author after having served as one of the three international judges of the Constitutional Court of BiH from 1997 to 2002. Based on the relevant case-law of the Constitutional Court it gives a basic overview of the constitutional structure of BiH and analyses the position of the Court vis-à-vis other institutions established under the Dayton-Agreement and the powers of judicial review and human rights protection based on its appellate jurisdiction. Moreover means of interpretation and the elements of constitutional doctrine elaborated through case-law as well as organisational and procedural matters such as the role of dissenting opinions are discussed. In conclusion the article reflects the role of the Constitutional Court in transition from an ethnically divided and war-torn society to democracy and the effective protection of human and minority rights.

  15. Ubuntu and the law in South Africa

    Directory of Open Access Journals (Sweden)

    Y Mokgoro

    1998-11-01

    Full Text Available The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society and attribute this absence to what they view as the permissiveness which is said to have been brought about by the Constitution with its entrenched Bill of Rights.Firstly, I would like to take this opportunity and (attempt to demonstrate the irony that the absence of the values of ubuntu in society that people often lament about and attribute to the existence of the Constitution with its demands for respect for human rights when crime becomes rife, are the very same values that the Constitution in general and the Bill of Rights in particular aim to inculcate in our society.Secondly, against the background of the call for an African renaissance that has now become topical globally, I would like to demonstrate the potential that traditional African values of ubuntu have for influencing the development of a new South African law and jurisprudence.The concept ubuntu, like many African concepts, is not easily definable. In an attempt to define it, the concept has generally been described as a world-view of African societies and a determining factor in the formation of perceptions which influence social conduct. It has also been described as a philosophy of life.Much as South Africa is a multicultural society, indigenous law has not featured in the mainstream of South African jurisprudence. Without a doubt, some aspects or values of ubuntu are universally inherent to South Africa’s multi cultures.The values of ubuntu are therefore an integral part of that value system which had been established by the Interim Constitution.The founding values of the democracy established by this new Constitution arguably coincide with some key values of ubuntu(ism.Ubuntu(-ism, which is central to age-old African custom and tradition however, abounds

  16. Constitutionalization of international investment law: Indirect expropriation cases, fair and equitable treatment

    Directory of Open Access Journals (Sweden)

    César Higa

    2013-12-01

    Full Text Available The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i International Investment Law is part of Peruvian Legal System; (ii provisions of these laws are mandatory and should be applied domestically; and (iii interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.

  17. The law of EU external relations: cases, materials, and commentary on the EU as an international legal actor. - 2nd ed.

    NARCIS (Netherlands)

    P.J. Kuijper; J. Wouters; F. Hoffmeister; G. de Baere; T. Ramopoulos

    2015-01-01

    The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisb

  18. Simulation of Case Depth of Cementation Steels According to Fick's Laws%Simulation of Case Depth of Cementation Steels According to Fick's Laws

    Institute of Scientific and Technical Information of China (English)

    S R Elmi Hosseini

    2012-01-01

    The carburizing process is the enrichment of the depth of low carbon steels with carbon. It leads to samples with a combination of high surface hardness and high core toughness and to an impact strength that is required for many engineering parts. The material studied is a low carbon steel. The carbon content is little in this type of steel (wc = 0.2 ~). The calculation of case depth is very important for cementation steels that are hardened in the carburi- zing process. The effective case depth is defined as the perpendicular distance from the surface to a place at which the hardness is HV 550. Nowadays, a great number of studies have been carried out on the simulation of effective case depth, but no studies have been conducted to determine the numerical relation between the total case depth on one hand and the carburizing time and the effective case depth on the other hand. The steel specimens were subjected to graphite powder. Then, they were heat treated at 925 ~C for about 3, 5, 8 and 12 h, respectively. Then, these parts were quenched in oil. To determine the effective case depth, the micr0hardness test was performed on the cross-section of specimens. Plotting the case depth vs carburizing time, the required conditions for obtaining the specified case depth were determined. Also, the comparison between the case depths in numerical solution and the actual position in pack carburizing was performed.

  19. Challenge: Code of environmental law; Herausforderung Umweltgesetzbuch

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-07-15

    Within the meeting ''Challenge: Code of environmental law'' at 16th February, 2007, in Berlin (Federal Republic of Germany) and organized by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Berlin, Federal Republic of Germany), the following lectures were held: (a) the new code of environmental law as a contribution to more modernness and efficiency in the environmental politics (Sigmar Gabriel); (b) The code of environmental law from the view of the economy (Martin Wansleben); (c) Significance of the code of environmental law from the view of jurisprudence (Michael Kloepfer); (d) Targets, content and utility of the code of environmental law: Summary of the panel discussion (Tanja Goenner, Klaus Mittelbach, Juergen Resch, Hans-Joachim Koch, Alfred Wirtz, Andreas Troge (moderator)); (e) Considerations to the coding of water law in the code of environmental law (Helge Wendenburg); (f) Considerations to the coding of water law: Summary of te discussion; (g) Considerations to the coding of nature conservation law (Jochen Flasbarth); (h) Considerations to the coding of nature conservation law: Summary of the discussion.

  20. AVOIDING MAZIBUKO: WATER SECURITY AND CONSTITUTIONAL RIGHTS IN SOUTHERN AFRICAN CASE LAW

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

    Full Text Available The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014 show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh

  1. The Kansas case of K.M.H. US law concerning the legal status of known sperm donors

    Directory of Open Access Journals (Sweden)

    Nancy G. Maxwell

    2008-06-01

    Full Text Available This article examines the Kansas Supreme Court case of K.M.H., 169 P.3d 1025 (Kan. 2007 within the context of an increasing body of US case law that addresses the legal status of known sperm donors vis-à-vis their biological children born to women who are not in heterosexual marriages. The article begins with an explanation of US parentage law and then reviews and synthesizes the cases leading up to the K.M.H. decision. The article then details the four different opinions in the K.M.H. case, and, in particular, lays out the discussion of the constitutional challenges to the Kansas sperm donor statute. Next the article discusses how the previous known sperm donor cases impacted the sperm donor’s arguments in K.M.H., and how these cases failed to support his claim for parental rights. The article continues with a review of two more decisions, issued after the K.M.H. case, incorporating these cases into the evolving trends discerned in the recent court decisions. The article concludes by summarizing K.M.H.’s position within that evolution.

  2. Law and Order or Global Disorder

    Directory of Open Access Journals (Sweden)

    Bidzina SAVANELI

    2013-08-01

    Full Text Available Substantial problem of Humankind is at the junction of Philosophy, Sociology and Jurisprudence. Based on my attempt to harmonize philosophies of Kant, Hegel and Husserl, and studies of famous legal scholars Bentham, Ostin, Holmes, Kelsen, Ehrlich, Reinach, Hart, Llevellin, Kardozo, David, Dworkin, Rawls concerning the problems of public law, private law, comparative law, justice, human rights, post-modernism, and Georgian philosophical, sociological and legal traditions since XII century, I discovered a synergetic model of dialectical, spiral, evolutionary and mutual transformation of irrationalism and rationalism as the effective method of conflicts prevention and peacefully resolution at the International, Regional, National and Local levels under the auspice of Bill of Human Rights.

  3. Law as Theory: Constitutive Thought in the Formation of (Legal Practice

    Directory of Open Access Journals (Sweden)

    Peter Fitzpatrick

    2010-12-01

    Full Text Available Typical but puzzling engagements with law in Jurisprudence and in civil religion are drawn upon to evoke a dimension of law essential to its practice, a dimension relegated in usual conceptions of law. That dimension entails a responsive regard for whatever is found also to be the generative force of theory, whether legal or social theory. Law in its practical guise is thence found to have a constituent correspondence to theory. Legal practice can no more escape theory than theory can escape practice.

  4. The double power law in human collaboration behavior: The case of Wikipedia

    Science.gov (United States)

    Kwon, Okyu; Son, Woo-Sik; Jung, Woo-Sung

    2016-11-01

    We study human behavior in terms of the inter-event time distribution of revision behavior on Wikipedia, an online collaborative encyclopedia. We observe a double power law distribution for the inter-editing behavior at the population level and a single power law distribution at the individual level. Although interactions between users are indirect or moderate on Wikipedia, we determine that the synchronized editing behavior among users plays a key role in determining the slope of the tail of the double power law distribution.

  5. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

    2007-07-01

    The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

  6. Recent developments in health insurance, life insurance, and disability insurance case law.

    Science.gov (United States)

    Hasman, Joseph J; Chittenden, William A; Doolin, Elizabeth G; Wall, Julie F

    2008-01-01

    This survey reviews significant state and federal court decisions from 2006 and 2007 involving health, life, and disability insurance. Also reviewed is a June 2008 Supreme Court decision in the disability insurance realm, affirming that a conflict of interest exists when an ERISA plan sponsor or insurer fulfills the dual role of determining plan benefits and paying those benefits but noting that the conflict is merely one factor in considering the legality of benefit denials. In addition, this years' survey includes compelling decisions in the life and health arena, including cases addressing statutory penalties and mandated benefits, as well as some ERISA decisions of note. This year, the Texas Supreme Court held that Texas's most recent version of the prompt payment statute abolished the common law interpleader exception and allowed the prevailing adverse claimant in an interpleader action filed beyond the sixty-day statutory period to recover statutory interest and attorney fees from the insurer. Meanwhile, the Court of Appeals of New York upheld the constitutionality of a statute mandating coverage for contraceptives in those employer-sponsored health plans that offer prescription drug coverage, including those plans sponsored by faith-based social service organizations. In the ERISA context, litigants continue to fight over the standard of review with varying results. In a unique assault on the arbitrary and capricious standard of review, the Fourth Circuit found that an ERISA plan abused its discretion when it failed to apply the doctrine of contra proferentem to construe ambiguous plan terms against itself. In more hopeful news for plan insurers, the Tenth Circuit held that claimants are not entitled to review and rebut medical opinions generated during the administrative appeal of a claim denial before a final decision is reached unless such reports contain new factual information.

  7. Night work, fatigued driving and traffic law: the case of police officers.

    Science.gov (United States)

    Radun, Igor; Ohisalo, Jussi; Radun, Jenni; Kecklund, Göran

    2011-01-01

    Given the well-known difficulties in defining and detecting fatigue, it is a real challenge to incorporate it into either traffic or criminal law. Finnish traffic law forbids fatigued driving "only" on a general level concerning the driver's fitness to drive. We present several comments from Finnish traffic and local police officers regarding their own experiences of driving while fatigued. The comments were extracted from a larger survey of traffic (N=129) and local (N=100) police officers, and prosecutors (N=96). Although the main topic of the survey was the application of the law that forbids fatigued driving, some police officers raised the issue of their own behavior in this respect. We argue that many shift workers, including police officers, break the law, especially when driving home after a night shift.

  8. MARKETING AND COMPETITION LAW: IN THE PERSPECTIVE OF TURKISH COMPETITION AUTHORITY CASES

    OpenAIRE

    KORTUNAY, NEVİN

    2016-01-01

    Increasing competition in many economies in the world brings back new strategy seekings. Sometimes these seekings cause “aggressive” or suicidal” applications. Since these applications negatively affect competition, legal arrangements about these subjects have been made with competition law in Turkey as in many countries. In this study the relationship between marketing and competition law was investigated by analyzing the decisions of Turkish Competition Authority. At the same time Turkish C...

  9. 宪法学视野下的和谐社会建构探析%On Construction of Harmonious Society from the Perspective of Constitutional Jurisprudence

    Institute of Scientific and Technical Information of China (English)

    陈雄; 胡清梅

    2011-01-01

    In the process of building a harmonious society, the Law and Constitution are in key position. In the perspective of constitutional jurisprudence, preventing the abuse of state power is the fundamental idea of building a harmonious society, using the constitutional system of state power regulati ciety, adapting constitution to guarantee the fundamental rights of certain on is the key to building a harmonious socitizens is the basis for building a harmonious society.%在和谐社会建构过程中,法治和宪法居于核心地位。在宪法学视野下,防范国家权力滥用是和谐社会建构的根本理念,用宪法规制国家权力是和谐社会建构的关键,用宪法保障特定公民的基本权利是和谐社会建构的基础。

  10. 安乐死问题法理再探%A Re-discussion of the Euthanasia Problem from the Perspective of Jurisprudence

    Institute of Scientific and Technical Information of China (English)

    尚沛孜

    2014-01-01

    Euthanasia hasn't been universally recognized by laws in many countries yet, but theoretical debates to approve of euthanasia have never been stopped and utilitarianism is the core of jurisprudence that supports their viewpoints. Utilitarianism with " pursuing happiness and avoiding suffering" as its value embodies the thought of " choosing the light between two evils" , and it is also known as " principle of the greatest happiness" . Legal system construction of euthanasia from the utilitarian perspective will take on a new look.%安乐死尚未被各国法律普遍认可,但认同安乐死的理论抗争从未停歇,支撑其主张的法理核心当为功利主义。功利主义以人性的“趋乐避苦”为其价值诉求,体现了“两害相权取其轻”的思想,又被称为“最大幸福主义”。关于安乐死问题的法制建设,以功利主义审视之,会呈现出全新的面貌。

  11. The response of Islamic jurisprudence to ectopic pregnancies, frozen embryo implantation and euthanasia.

    Science.gov (United States)

    Ghanem, I

    1987-07-01

    The opinions of the Jurisconsult of Egypt on Islamic law regarding test tube fertilization, embryo transfer and abortion are explained. Test tube babies, if not derived from the husband's sperm, are by definition, "zina" or the result of illicit sexual intercourse. This type of quasi-adultery is punishable by mere disgracing, rather than lapidation, or stoning to death. Such children cannot inherit even from the mother. Possibly, a female child may marry the husband, to be legitimized in terms of inheritance. Under Islamic law, embryo transfer is illegal insofar as it involves artificial insemination of the donor by the husband; temporary maternity by the donor is a jural concept that has no place in Islamic family law. The egg of the donor, not the surrogate mother, places the issue in the thorny area of multiple suckling. There have been no pronouncements by Islamic legal experts on euthanasia or pregnancy by in vitro fertilization of orphaned embryos. Abortion law "ijhad" in Kuwait was amended in 1982 to permit abortion where either grievous bodily harm to the mother is imminent or it is proved that the baby will suffer incurable brain damage or severe mental retardation. The decision must be approved unanimously by 3 Muslim consultant physicians presided over by an obstetrician or gynecologist, parental consent is required, and the hospital must have an obstetric-gynecological wing. There is precedent in Islamic law for saving the life of the mother where there is a clear choice of allowing either the fetus or the mother to survive. Similarly in case of miscarriage or attempted miscarriage, damages for a fetus or stillborn are less than those paid for a live birth. Penalties for therapeutic abortion, for example after exposure to German measles, have been viewed as less serious before 120 days of gestation, when the Prophet indicated that the embryo is given a soul. These ethical interpretations are worth considering for Western jurists as a source of ideas.

  12. Overturning anti-miscegenation laws: news media coverage of the Lovings' legal case against the state of Virginia.

    Science.gov (United States)

    Hoewe, Jennifer; Zeldes, Geri Alumit

    2012-01-01

    This study fills a gap in scholarship by exploring historical news coverage of interracial relationships. It examines coverage by The New York Times, Washington Post and Times-Herald, and Chicago Tribune of the progression of the landmark civil rights case of Loving v. Virginia, in which the Supreme Court overturned Virginia's anti-miscegenation law, which prohibited marriage between any White and non-White person. An analysis of the frames and sources used in these publications' news stories about the case indicate all three publications' coverage favored the Lovings.

  13. (The right to) personal autonomy in the case law of the European Court of Human Rights (nota opgesteld ten behoeve van de Staatscommissie Grondwet)

    NARCIS (Netherlands)

    Koffeman, N.R.

    2010-01-01

    This study aims to provide an overview of how the principle of personal autonomy has taken shape in the jurisprudence of the European Court of Human Rights (ECtHR). As the separate sections of this study will show, the principle or right in fact can be said to exist of several elements, like gender

  14. Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

    Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

  15. Extension of the preliminary rulings procedure outside the scope of Community law: The Dzodzi line of cases

    Directory of Open Access Journals (Sweden)

    Saulius Lukas Kaleda

    2000-09-01

    Full Text Available The Dzodzi line of cases evidence that the functioning of the preliminary rulings procedure under Article 234 EC is not restricted to the scope of Community law, but extends also to the cases governed by national law referring to certain Community provision or concept. Most controversially in the context of this far-reaching pronouncement, the Court dismissed the views expressed by its Advocates General, actually, in all the cases of this type (recently in Roman Angonese , 6 June 2000. Ten years after the judgment in Dzodzi has been delivered, the future development of the tendency seems to be still open to radically different solutions. A compromise solution may be found in the acceptance of jurisdiction in comparable situations, ascertained on the basis of relationship between the interpretation and the facts of a particular case. This solution should be based on the assessment of the ability to provide helpful interpretation and the possibility to define a legal problem precisely, as a prerequisite for the full exchange of arguments. Then, it could provide a consistent attitude of the Court towards all the cases on the admissibility of references under Article 234 EC. The uncertainty inevitably following such a solution could be outweighed by the need to retain a flexible and cooperative attitude.

  16. The Limits of Pluralism - Recent Jurisprudence of the European Court of Human Rights with Regard to Minorities: Does the Prohibition of Discrimination Add Anything?

    Directory of Open Access Journals (Sweden)

    Sia Spiliopoulou Åkermark

    2002-10-01

    Full Text Available Since the mid-1990s, the European Court of Human Rights has had before it a number of cases concerning the situation of minorities under Article 14 of the European Convention for the Protection of Human Rights - which aims to secure the enjoyment of rights and freedoms without discrimination inter alia on grounds of association with a national minority. At present, the number of similar cases pending before the Court is growing. Through an examination of cases concerning mainly the nexus between Article 11 and Article 14 as well as Article 8 and Article 14, this article seeks to identify a number of problematic aspects of the jurisprudence of the Court. This, the author argues, includes uncertainty as to when and why the Court chooses to examine Article 14; issues of cumulative violations; issues of evidence; the questionable principle of prevention; issues of indirect discrimination and last, but not least, the potential benefits of the entry into force of Protocol No. 12. To address these problems, the author concludes that there is a need for greater coherency in the positions adopted by the Court with respect to minority issues as well as a need for more legal research.

  17. A aplicação do direito estrangeiro pelo juiz nacional: o caso da jurisprudência brasileira

    Directory of Open Access Journals (Sweden)

    Frederico Glitz

    2016-05-01

    Full Text Available O presente artigo buscou compreender como a jurisprudência do Superior Tribunal de Justiça brasileiro encara a aplicação do direito estrangeiro a casos oriundos do sistema conflitual. Para tanto, o artigo apresentou os principais dispositivos legais brasileiros e analisou o posicionamento da doutrina brasileira em relação a três aspectos: a aplicação do direito de estrangeiro de ofício pelo juiz nacional, a prova do Direito estrangeiro e a interpretação do direito estrangeiro. Concluiu-se, ao final, que não só é escassa a jurisprudência da mais alta Corte brasileira sobre os temas, como que ela acaba acompanhando, em geral, a abordagem doutrinária prevalente.

  18. Breakdown of the Robustness Property of Lotka's Law: The Case of Adjusted Counts for Multiauthorship Attribution.

    Science.gov (United States)

    Rousseau, Ronald

    1992-01-01

    Examines the robustness property of Lotka's law for scholarly papers with more than one author. Adjusted counts for assigning credit to authors proportionally are explained, and two bibliographies are analyzed using frequency distributions that show where the robustness property breaks down. (nine references) (LRW)

  19. Protecting the Environment Through Public Procurement Law - The Case of Poland

    Science.gov (United States)

    Kozik, Renata; Karasińska-Jaśkowiec, Izabela

    2016-10-01

    The article presents the results of studies whose aim was to analyse public procurement procedures in the context of environmental protection, especially wastewater infrastructure, performed in the selected Polish municipalities. The selection criterions were the time of public procurement procedure - from 2009 until 2015 and that the contract was cofinanced by the European Union funds. The contracting authorities responsible for awarding specific contracts, were asked series of detailed questions about the environmental criteria and requirements contained in the tender documents for the construction contracts related to the wastewater infrastructure. The aim of the detailed study was to determine whether the actions taken by the contracting authorities in a tender procedure for the construction or operation of wastewater infrastructure include environmental issues. Authors examine also the applicable public procurement law regulation in Poland and Europe in the context of sustainable development and environmental protection. The study of public procurement law was to check whether the law regulation fully takes into account the environmental aspects of the planned investments. On this basis, conclusions have been made that laws are consistent and do not constitute an obstacle to awarding a contract positively affecting the environment.

  20. Mandated Change Gone Wrong? A Case Study of Law-Based School Reform in South Africa

    Science.gov (United States)

    Bisschoff, Tom

    2009-01-01

    Purpose: This paper aims to explore and describe the limits of recent law-based school reform in South Africa from an education management perspective. Design/methodology/approach: The research design consists of a qualitative, investigative, descriptive and contextual design which Merriam would classify as a basic or generic design type.…

  1. Becoming a Better Teacher: A Case of Changing the Pedagogical Knowledge and Beliefs of Law Professors.

    Science.gov (United States)

    Hativa, Nira

    2000-01-01

    Describes how the teaching style of two law professors in Israel was changed after a treatment for improving instruction. Identifies three factors that influenced student opinions about their teaching effectiveness: personal characteristics and aptitudes that negatively affected classroom behavior; lack of sufficient pedagogical knowledge; and…

  2. Is it a power law distribution? The case of economic contractions

    CERN Document Server

    Pueyo, Salvador

    2013-01-01

    One of the first steps to understand and forecast economic downturns is identifying their frequency distribution, but it remains uncertain. This problem is common in phenomena displaying power-law-like distributions. Power laws play a central role in complex systems theory; therefore, the current limitations in the identification of this distribution in empirical data are a major obstacle to pursue the insights that the complexity approach offers in many fields. This paper addresses this issue by introducing a reliable methodology with a solid theoretical foundation, the Taylor Series-Based Power Law Range Identification Method. When applied to time series from 39 countries, this method reveals a well-defined power law in the relative per capita GDP contractions that span from 5.53% to 50%, comprising 263 events. However, this observation does not suffice to attribute recessions to some specific mechanism, such as self-organized criticality. The paper highlights a set of points requiring more study so as to d...

  3. Can "extreme poverty" protect against refoulement? : Economic refugees in the light of recent case law of the European Court of Human Rights

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

    “Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human R

  4. Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

    Science.gov (United States)

    Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

    2014-11-01

    While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion.

  5. Do Australian Fire Brigades Owe a Common Law Duty of Care? A Review of Three Recent Cases

    Directory of Open Access Journals (Sweden)

    Michael Eburn

    2013-12-01

    Full Text Available The law regarding the fire service’s liability for alleged negligence in the way they plan for or respond to a fire is reasonably untested. This paper reports on three cases that were decided in 2012 by the Supreme Courts of New South Wales, Tasmania and the Australian Capital Territory. It is argued that the weight of authority is that the fire brigades are established to provide fire services for the common good, not for individual benefit, and the financial burden of unfortunate operational decisions should be borne by insurers or by the uninsured. Even so, two Supreme Courts have arrived at different conclusions with respect to the question of whether or not the NSW Rural Fire Service owes a common law duty of care to those at risk from bushfire. It is therefore argued that the issue of duty of care would benefit from a determination by the High Court of Australia.

  6. Danish Case Law on United Nations UNCITRAL Texts (CLOUT) no. 100, Abstracts, CLOUT Cases 992-999

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2010-01-01

    The United Nations UNCITRAL Secretariat has established a system for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the Commission. The purpose of the system is to promote international...... awareness of the legal texts formulated by the Commission and to facilitate uniform interpretation and application of those texts. The system is explained in document . The system relies on a network of national correspondents designated by those States that are parties to a Convention or have...... enacted legislation based on a Model Law. The author of the present Communication has been appointed by the Danish Ministry of Justice as National Correspondent for Denmark....

  7. Statefinder Parameters for Coupled Quintessence Scenario in a Power Law Case

    Institute of Scientific and Technical Information of China (English)

    2005-01-01

    We investigate a coupled quintessence scenario, which can provide a natural solution to the cosmic coincidence problem. We assume that the mass of dark matter particles depends on a power law function of the scalar field associated to dark energy and meanwhile the scalar field evolves in a power law potential. Since the dynamics of this system is dominated by an attractor solution, the mass of dark matter particles is forced to change with time as to ensure that the ratio between the energy densities of dark matter and dark energy becomes a constant at late times,and one thus solves the cosmic coincidence problem naturally. We then apply a statefinder diagnostic to this coupled quintessence scenario. It is shown that the evolving trajectory of this scenario in the s-r diagram is quite different from those of other dark energy models.

  8. The Hack's law applied to young volcanic basin: the Tahiti case

    Science.gov (United States)

    Ye, F.; Sichoix, L.; Barriot, J.; Serafini, J.

    2010-12-01

    We study the channel morphology over the Tahiti island from the Hack’s law perspective. The Hack’s law is an empirical power relationship between basin drainage area and the length of its main channel. It had also been shown that drainage area becomes more elongate with increasing basin size. For typical continental basins, the exponent value lies between 0.47 for basins larger than 260,000 km2 and 0.7 for those spanning less than 20,720 km2 (Muller, 1973). In Tahiti, we extracted 27 principal basins ranging from 7 km2 to 90 km2 from a Digital Terrain Model of the island with a 5 m-resolution. We demonstrate that the Hack’s law still apply for such small basins (correlation coefficient R2=0.7) with an exponent value being approximately 0.5. It appears that the exponent value is influenced by the local geomorphic condition, and does not follow the previous study results (the exponent value decreases with increasing drainage area.) Our exponent value matches the result found w.r.t. debris-flow basins of China for drainage areas less than 100 km2 (Li et al., 2008). Otherwise, the young volcanic basins of Tahiti do not become longer and narrower with increasing basin size (R2=0.1). Besides, there is no correlation between the basin area and the basin convexity (R2=0). This means that there is no statistical change in basin shape with basin size. We present also the drainage area-slope relationship with respect to sediment or transport-limited processes. Key words: Hack’s law, channel morphology, DTM

  9. Simple robust control laws for robot manipulators. Part 1: Non-adaptive case

    Science.gov (United States)

    Wen, J. T.; Bayard, D. S.

    1987-01-01

    A new class of exponentially stabilizing control laws for joint level control of robot arms is introduced. It has been recently recognized that the nonlinear dynamics associated with robotic manipulators have certain inherent passivity properties. More specifically, the derivation of the robotic dynamic equations from the Hamilton's principle gives rise to natural Lyapunov functions for control design based on total energy considerations. Through a slight modification of the energy Lyapunov function and the use of a convenient lemma to handle third order terms in the Lyapunov function derivatives, closed loop exponential stability for both the set point and tracking control problem is demonstrated. The exponential convergence property also leads to robustness with respect to frictions, bounded modeling errors and instrument noise. In one new design, the nonlinear terms are decoupled from real-time measurements which completely removes the requirement for on-line computation of nonlinear terms in the controller implementation. In general, the new class of control laws offers alternatives to the more conventional computed torque method, providing tradeoffs between robustness, computation and convergence properties. Furthermore, these control laws have the unique feature that they can be adapted in a very simple fashion to achieve asymptotically stable adaptive control.

  10. The Consumer Policy in the Eu Law / Spotrebiteľská Politika V Práve Eú

    Directory of Open Access Journals (Sweden)

    Lazíková Jarmila

    2016-06-01

    Full Text Available Consumer protection is a dominant policy of the EU. Despite this fact, the article 169 of the Treaty on Functioning of the European Union does not enable to adopt the binding legal laws on consumer protection per se. The binding legal laws could be adopted only within the context of other politics and activities on the internal market of the EU. The paper addresses the consumer policy and its status in the EU law by the historical development and legal analysis of the article 169 of the Treaty, secondary law development of consumer protection, jurisprudence, and judicature of the Court of the Justice of the EU.

  11. PROCESSION OF "TEPUNG TAWAR" AS AN ALTERNATIVE SOLUTION FOR CRIMINAL CASE IN MALAY CUSTOM LAW OF RIAU

    Directory of Open Access Journals (Sweden)

    Erdianto

    2015-01-01

    Full Text Available Implementation of the principle of legality in criminal law enforcement Indonesia in fact has caused some problems in the case and piling them over the prison capacity. It is necessary to find a model that is based on the completion of criminal cases and restorative local wisdom . One model that is “tepung tawar” in Malay society . Through empirical legal research found that the model completion of minor criminal matters in the Malay community is not united in procession “tepuk tepung tawar” but in other models, namely the density “ninik mamak” or different with “tepung tawar” practices applied in Jambi and South Sumatra , but the settlement of disputes and several criminal cases in the Malay community is also done with a model of restorative approaches .

  12. Developments of the EU law in network managements in the year 2010; Entwicklungen des Unionsrechts in den Netzwirtschaften im Jahr 2010

    Energy Technology Data Exchange (ETDEWEB)

    Klotz, Robert

    2011-02-15

    The author of the contribution under consideration reports on the main developments of the European Union law in the field of network-dependent sectors of the economy in the year 2010. The contribution points out the actual legislation, decision-making practice and jurisprudence on the EU level. The result is a comprehensive picture of the evolution and actual trends of European Union law in the network industries.

  13. ABOUT APPLICATION OF MEDIATION IN CRIMINAL CASES (FROM THE EXPERIENCE OF LAW-ENFORCEMENT PRACTICE IN FEDERAL REPUBLIC OF GERMANY

    Directory of Open Access Journals (Sweden)

    L. S. Kravchuk

    2015-01-01

    Full Text Available The matters in the fight against crime through a prism of foreign countries are in the centre of attention of a domestic and foreign criminal law science and lawenforcement practice. The modern science of criminal law has a theoretically reasonable doctrine answering positions and principles about a lawful state, the complete concept of punishment; however, there is an inevitable practice of wide application punishment of custodial sanction which against a steady tendency of growth of registered criminality becomes a sharp social and legal problem. In this sense experience of mediation’s application in criminal cases in court practice of Federal Republic of Germany is interesting as comparable alternative form of conflicts solution which is enough effective. Mediation means development of an extrajudicial decision for victims, a conciliation procedure for all participants of the conflict with assistance of one or several intermediaries who are independent, neutral and external persons carrying out exchange and communications function between the parties, with the purpose of conflict settlement by participants. Mediation gives the opportunity of constructive handling with criminal cases and is a good addition to traditional court practice as it means the co-operative and constructive decision of problems existing between the direct parties and contributes to internal security provision, so a share of relapses after processes of reconciliation of the criminal and a victim is much more low than in comparable cases in traditional criminal procedures. Authors describe short chronology of contemporary history of mediation, legal and organizational bases in realization of reconciliation process between a victim and the criminal being the offer of conflict settlement by means of the third participating parties.

  14. Role Of The Law And Legal Knowledge In The History Of The Domestic State Development

    Directory of Open Access Journals (Sweden)

    Alla V. Kareva

    2014-06-01

    Full Text Available In the present article features of formation and development of the Old Russian, Russian law and jurisprudence and their role in the history of the domestic state are revealed. Author research traditions and bases of the Russian law and sense of justice, which are important for modern Russia, its legal system and statehood: domination of ethical beginnings over legal and collective law over the right of personality. Author carries out analysis of the domestic law formation stages, connected with emergence of outstanding legal monuments ("the Russkaya Pravda", Cathedral code of 1649. Special attention is paid to Peter I's transformations, first of all, in the sphere of law-making and legislation, and also in improvement of legal education in the Russian Empire. The role of Moscow and St. Petersburg Universities within which the main source of legal knowledge were lectures given by the designated professors. Author explains value of the famous reformer M.M. Speransky's versatile activity for the development of Russian legal system, law and legal education, because "the Speransky law school" was directed on preparing teachers of jurisprudence, systematization of Russian legislation, increase of the role of law and legislation in the formation of constitutional state.

  15. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

    Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

  16. Policy Entrepreneurs and the Design of Public Policy: The Case of the National Health Insurance Law in Israel

    Directory of Open Access Journals (Sweden)

    NISSIM COHEN

    2012-07-01

    Full Text Available How do policy entrepreneurs implement in practice the things theory suggests they should do? This article suggests various insightsinto the influence of policy entrepreneurs on the formulation of public policy. Using a broad definition of the concept of policyentrepreneur, the article identifies the main characteristics of entrepreneurial activities, describes various strategies that the policyentrepreneur may employ, and develops a model of successful and effective policy entrepreneurship. Using an analysis of the designof the Israel National Health Law of 1994 as a case study, the article emphasizes the importance of policy entrepreneurs in thepublic policy arena and provides several insights into the conditions for their activity, their motivations and main strategies.

  17. GUARANTEES SPECIFIC TO A FAIR TRIAL IN CRIMINAL MATTERS. HARMONISATION OF JURISPRUDENCE

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2010-06-01

    Full Text Available By adopting the European Convention on Human Rights (hereinafter referred to as “the Convention” in 1994, the Romanian State recognised the necessity that any criminal trial should be carried out under fair conditions, in accordance with the requirements of Article 6 of the Convention. In this study, we are going to analyse the requirements of the Convention applying especially to criminal trials, namely those related to the right of the charged person to be informed promptly, in a language which he understands, of the nature and cause of the accusation against him. Moreover, we will take into consideration the obligation of the judicial bodies to offer the charged person the adequate time and facilities for the preparation of his defence. The analysis will be based on the relevant regulations set down in the Convention and the Romanian criminal procedure legislation. Last but not least, it will include a presentation of the jurisprudence relevant to these matters, both of the European Court of Human Rights (hereinafter referred to as “ECHR” and of the Romanian national courts

  18. University Jurisprudence Teaching Innovation Research in the Perspective of Recent Development Area%最近发展区视角下高校法理学教学创新研究

    Institute of Scientific and Technical Information of China (English)

    程静

    2014-01-01

    法理学是我国法学高等教育课程体系中的重要专业基础课。因其是法学教育的一门基础课程,所以大部分高校都在第一学期开设此课程,但由于其本身的理论概括性和抽象思辨性较强,未接触过法律专业知识的大一新生大多反映课程深奥难懂、理解困难。如何解决法理学教学中存在的这些问题。笔者认为可以将“最近发展区”理论运用到具体的教学中,以提高其教学质量。%"Jurisprudence"is the law of the curriculum system of higher education is an important basic course. Because it is a basic course in legal education, so most universities have opened this course in the first semester, but because of its gen-erality and abstraction itself speculative theories strong freshman has not been exposed mostly legal expertise reflect the cur-riculum esoteric, difficult to understand. How to solve the issues in"jurisprudence"teaching? The author believes that"recent developments"theory can be applied to specific teaching in order to improve their quality of teaching.

  19. First Exploration on Curriculum Reform of Informatization Teaching Process of Health Jurisprudence%《卫生法学》课程信息化教学过程改革初探

    Institute of Scientific and Technical Information of China (English)

    李艳霞

    2013-01-01

    There are many defects in traditional teaching process of Health Jurisprudence, and information-ization is the inevitable result of reforming traditional health law study with the social development. Curriculum reform of informatization teaching process of Health Jurisprudence should embody the following aspects: making teaching preparations by course preparation, configuration and training of teachers, students entrance education, etc.; organizing and implementing teaching by students' autonomous learning, teachers' guidance to students' learning, simulative court teaching, intensive practice teaching, etc.;and evaluating by teaching assessment and e-valuation in the end.%传统《卫生法学》课程教学过程存在诸多缺陷,信息化是卫生改革顺应时代发展对传统卫生法律研究进行变革的必然结果,《卫生法学》课程信息化教学过程改革应从课程授课准备、教师的配置与培训、学生入学教育等方面予以教学准备,从学生自主学习和教师、学生的导学、助学以及模拟法庭教学、集中实践教学等方面组织教学实施,最后以教学考核与评价予以考量。

  20. Mainstreaming Investment Treaty Jurisprudence: The Contribution of Investment Treaty Tribunals to the Consolidation and Development of General International Law

    NARCIS (Netherlands)

    Schill, S.W.B.; Tvede, K.R.

    2015-01-01

    The use of internal and external precedent has been studied in relation to numerous international courts and tribunals. The participation of investment treaty tribunals in judicial dialogues or judicial cross-fertilization, by contrast, has remained underexplored. The present article closes this gap

  1. [Refusal of the biological proof practice and the harm of the law to effective judicial guardianship in constitutional jurisprudence].

    Science.gov (United States)

    Herrán Ortiz, Ana Isabel

    2007-01-01

    The Spanish Constitution protects the free investigation of the paternity on its 39.2 the article, in which is granted that possibility. This right is not absolute, it has limits, but those limits will have to be interpreted in a restrictive way due to the principles based on it, such as the legal equality of children, and the integral protection of them. In view of this, the sentences are a very valuable element to delimit the aplication of this right, and establish its limitations.

  2. [Forensic psychologist's considerations about the new law regulation in cases of sexual crimes].

    Science.gov (United States)

    Gierowski, Józef Krzysztof

    2012-01-01

    The article comments, from the perspective of a forensic psychologist, the changes which have been recently provided to the law regulations on sexual crime and the treatment of the sexual crime perpetrators. It appears that the new law regulations follow the right path, because they create the conditions for holistic and complex solutions in the sexual crime treatment matter. Unfortunately they are still rather incomplete and inconsistent. Their practical implementation is difficult because of the very demanding qualification criteria to the psychotherapy of sexual crime perpetrators, the existence of law criteria to the therapy, the narrow frame of the therapy goals and unclear rules of therapy constraint. Moreover, in Poland there is a lack of complex therapy models of sexual perpetrators, we have little experience in this kind of therapy and there is a deficiency of qualified specialists. Finally the relationship between the treatment of this kind of criminals in prison conditions and ambulatory therapy conditions isn't very clearly precise. On the other hand, a lot of improvements have been provided, such as: continuing the treatment after leaving prison, not only pharmacological treatment but also psychotherapy, the system of prevention. Despite of the strong attempts to promote the special role of pharmacological treatment of sexual crime perpetrators (,,chemical castration"), the new solutions promote a complex and interdisciplinary approach to this problem. In this article, the author described the current Polish experience in the therapy of sexual crime perpetrators and listed several rules of preparing the forensic-psychological expertise according to the described problem in context of new legal regulations.

  3. Sanitation rights, public law litigation, and inequality: a case study from Brazil.

    Science.gov (United States)

    de Barcellos, Ana Paula

    2014-12-11

    Public law litigation has been used in many places to advance human rights related to health. In Brazil, such lawsuits usually request that the government pay for pharmaceuticals to individuals. But could litigation play a role in shaping public health policies to benefit communities? To explore this question, this paper focuses on lawsuits involving determinants of health, namely water and sanitation public policies. This paper discusses the results of an empirical study of 258 Brazilian court orders, issued in a 10-year period, that address requests for sewage collection and treatment. The data show that the Brazilian judiciary is willing to improve access to sanitation services. However, litigation has addressed fewer than 177 out of the 2,495 Brazilian municipalities that lack both sewage collection and treatment systems, and lawsuits are concentrated in the richer cities, not in the poorest ones. This paper suggests that public law litigation can be used to foster public health policies similar to the way in which structural reform litigation and the experimentalism approach between courts and defendants have influenced public policies and achieved institutional reform in schools and prisons. However, greater effort is needed to target initiatives that would reach the most disenfranchised communities.

  4. BENFORD’S LAW IN THE CASE OF HUNGARIAN WHOLE-SALE TRADE SECTOR

    Directory of Open Access Journals (Sweden)

    Rabeea SADAF

    2016-12-01

    Full Text Available Benford’s law has attracted many researchers for detecting the fraudulent data and can be used as one of the digital analysis tools for auditing of the accounting data. In this treatise, the accuracy of figures reported in Hungarian Trading Companies’ data are examined through digital analysis technique with the consideration of Benford’s Law. The net sales data from the period of year 2009 to 2014 has been used for detecting the anomalies and to confirm whether the digit-pattern follows Benford’s distribution. Through the obtained results we claimed that the frequencies of first and second digits’ place follow the Benford’s theoretical distribution and exhibits to close conformity. Moreover analysis of the second, first-order and second-order gave a mixed result of close conformity to significant deviation from expected frequency. Also the absolute deviation (MAD value of first and second digit suggest an overall conformity of the data to Benford’s distribution.

  5. Drawing the Line: Same-sex adoption and the jurisprudence of the ECtHR on the application of the “European consensus” standard under Article 14

    Directory of Open Access Journals (Sweden)

    Junko Nozawa

    2013-07-01

    Full Text Available One of the main criteria that the European Court of Human Rights uses in determining the parameters of the margin of appreciation has been to find a consensus among the state parties to the Convention as to the definition or interpretation of a specific right.  The way the Court has implemented the methodology of finding a "European consensus" of the discriminatory practice of states under Article 14 has been problematic. Firstly, it is unclear when the Court takes into consideration the practice of member states of the European Council. Secondly, it is unclear how it defines the comparative group and the threshold necessary in defining a consensus. This note looks at the application of the Court of this standard in cases concerning same-sex adoption in light of its most recent decision in X. and Others v. Austria (2013. It is argued that the application of the standard in practice has yielded variable jurisprudence, is inconsistently applied, and risks further fragmenting Contracting States' obligations under the Convention. In using the consensus standard as an interpretive comparative tool, the Court should allow a narrow margin of appreciation only where there is substantial consensus on an issue. It is the author's position that its negative iteration, or the notion that a lack of consensus should yield a wide margin, should not be maintained, as this approach risks further deteriorating the protection of fundamental rights.

  6. ["Psychologic marital unfitness" in cyclothymia? A case report on the topic of the annullment procedure in canon law].

    Science.gov (United States)

    Thiel, A; Hilken, S

    1993-09-01

    According to the Canon Law (CIC) of the catholic church a marriage can be annulled because of psychological inability under certain conditions. We present the case report of a married woman, who fell ill with cyclothymia after her first childbirth. Her marriage was annulled under canon 1095 (n.3 CIC) because of psychological inability to fulfill martial obligations. The authors believe that this represents a clear cut case of discrimination against patients with mental disorders: on the one hand the catholic church claims that every martial bond is principally indissoluble; on the other hand they do not eschew invalidating a marriage due to an affective psychosis. This poses special problems which are also discussed.

  7. O direito comparado na jurisdição constitucional The comparative law in the constitutional adjudication

    Directory of Open Access Journals (Sweden)

    Gustavo Vitorino Cardoso

    2010-12-01

    Full Text Available Este estudo aborda o crescente uso do direito comparado na racionalidade das decisões dos tribunais constitucionais. Tema extremamente interessante e atual, a aproximação do direito constitucional ao direito comparado é ilustrada a partir de casos julgados em Portugal, Estados Unidos e África do Sul e que receberam atenção especial da doutrina, destacando-se, nomeadamente, os contornos históricos e jurídicos caracterizadores desses ordenamentos jurídicos. O primeiro objetivo perfaz a verificação do alinhamento do Supremo Tribunal Federal à tendência comparativa, o que é feito mediante a análise materialmente direcionada da sua jurisprudência colhida no sítio oficial. A segunda etapa tem como escopo uma explicação possível para o problema intrínseco à interpretação/concretização de regras e princípios constitucionais, lançada na fundamentação de uma decisão com base em elementos apurados em outra ordem jurídica, tarefa essa que é levada a efeito com apoio na caracterização do denominado estado constitucional. Todas as etapas cumprem a função mais geral de indagação acerca do papel que a comparação de direitos tem alcançado no constitucionalismo do presente.This study addresses the growing use of the comparative law perspective in the rationality of decisions at constitutional courts. A much interesting and actual tendency, the correlation between comparative law and constitutional law is revealed by cases decided in Portugal, United States and South Africa, which has gathered great scholarly attention, with special focus in the historical and legal contours of these jurisdictions. The first aim is to examine the alignment of the Brazilian Federal Supreme Court to the comparative trend, which is carried out by jurisprudence analysis of documents available on the official website of the Institution. In addition, it was conceived a possible explanation for the intrinsic problem of the interpretation

  8. Health: Policy or Law? A Population-Based Analysis of the Supreme Court's ACA Cases.

    Science.gov (United States)

    Parmet, Wendy E

    2016-08-16

    This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell, the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future.

  9. [With the fourth sentence of the First Chamber on wrongful birth: is it possible to start talking about "jurisprudence"?].

    Science.gov (United States)

    de Angel Yágüez, Ricardo

    2005-01-01

    Chamber number 1 of the Spanish Supreme Court of Justice has announced its fourth wrongful birth case decision dated December 18, 2003. The issue is whether we can state that with these four rulings there is a genuine law of precedent, that is, reiterated doctrine of the Supreme Court of Justice on this matter (Article 1.6 of the Civil Code).

  10. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  11. Indonesian Experience in Dealing with Trademark Law: Case Study of Batik SMEs

    Directory of Open Access Journals (Sweden)

    Agus Sardjono

    2013-09-01

    Full Text Available This research aims to observe whether the Trademark Law can contribute to protect Indonesia’s batik business, particularly for the small-medium enterprises who produce and sell batik products (“Batik SMEs”. The individual trademark system has not been successful to support the batik SMEs’ business. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for the development of collective trademarks, which can address the problems that individual trademark cannot anticipate. This research finds that, in order to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; Indonesian batik SMEs need to be nurtured and encouraged to register their own collective trademarks, and to build their branding infrastructure, through local batik community’s standardization, and collective batik labeling. This recommendation is also proposed considering the government’s ineffective policy on Batikmark. This research will take samples of Batik SMEs in several areas, namely Yogyakarta, Pekalongan, Solo, and Jakarta. Those areas have been recalled as some of the centers for Batik production and trading activities. This research is conducted through combining the quantitative and qualitative-empirical methods. Data are collected through literature studies, interviews, as well as questionnaires, including site visits and discussions with the SMEs in those areas.

  12. Law and Politics in Post Independence Indonesia: A Case Study of Religious and Adat Courts

    Directory of Open Access Journals (Sweden)

    Ratno Lukito

    2014-03-01

    Full Text Available This paper will address the development of Indonesian law in the post-independence era. In the following pages, this paper will demonstrate that changes in the country's political climate affected born the Islamic and adat (customary courts,in spire of the inflexibility with which both legal traditions had weathered the political upheavals of the first half of the century. To this end, the place of both adat and religious courts in post-independence Indonesia will be analyzed in light of this political change. Two major avenues of investigation will be discussed. The first explains the debate between "pluralist" and "uniformist" groups regarding legal development in the young Republic of Indonesia, while the second discusses contentions between the so-called "secular nationalists" and "Muslims". The discussion provided in these sections is intended to provide a basis for understanding the legal controversies which unavoidably arose as a result of the shift from a colonial to a narional legal philosophy.Copyright (c 2014 by SDI. All right reserved.DOI: 10.15408/sdi.v6i2.731

  13. A perspective on emerging law, consumer trust and social responsibility in China's food sector: the "bleaching" case study.

    Science.gov (United States)

    Roberts, Michael T

    2011-01-01

    Trust underpins the Chinese social system, and yet it is lacking from a Chinese food system that is riddled with safety disasters and disgruntled consumers. Government and industry play a major role in rehabilitating consumer trust in China. To this end, food safety and quality laws have been constructed to foster this process; however, safety scandals continue even in the face of stricter regulations and increased enforcement. A potential toll to abate food-safety problems and to build trust is the implementation of Corporate Social Responsibility ("CSR"). Mandates by the government promote CSR in enterprise activity, including Article 3 of the 2009 China Food Safety Law. Officials have also recently touted the need for "moral education" of operators in the food industry. Regardless of government activity or whether CSR is employed by food enterprises, it is imperative that the food industry recognizes how critical it is to establish trust with Chinese consumers, who increasingly expect safe, quality food. The case study with pistachios highlights this evolving consumer expectation and the principles of social responsibility in the framework of the relationship between government and industry and consumers, while demonstrating the benefits of doing the right thing for food companies doing business in China.

  14. Timing of entry to care by newly diagnosed HIV cases before and after the 2010 New York State HIV testing law.

    Science.gov (United States)

    Gordon, Daniel E; Bian, Fuqin; Anderson, Bridget J; Smith, Lou C

    2015-01-01

    Prompt entry to care after HIV diagnosis benefits the infected individual and reduces the likelihood of further transmission of the virus. The New York State HIV Testing Law of 2010 requires diagnosing providers to refer persons newly diagnosed with HIV to follow-up medical care. This study used routinely collected HIV-related laboratory data from the New York State HIV surveillance system to assess whether the fraction of newly diagnosed cases entering care within 90 days of diagnosis increased after the implementation of the law. Laboratory data on 23,302 newly diagnosed cases showed that entry to care within 90 days rose steadily from 72.0% in 2007 to 85.4% in 2012. The rise was observed across all race/ethnic groups, ages, transmission risk groups, sexes, and regions of residence. Logistic regression analyses of entry to care pre-law and post-law, controlling for demographic characteristics, transmission risk, and geographic area, indicate that percentage of newly diagnosed cases entering care within 90 days grew more rapidly in the post-law period. This is consistent with a positive effect of the law on entry to care.

  15. Methods of lawmaking of the European Court of Human Rights: Do hard cases make bad law? : A case study

    NARCIS (Netherlands)

    Bierkens, Ilona; Vlieks, Caia

    2015-01-01

    In the spirit of Professor Willem Witteveen and his academic fondness for judicial lawmaking, this article analyses the methods of lawmaking by the European Court of Human Rights in ‘hard cases’. To this end, a case study on the ‘hard’ topics of euthanasia and assisted suicide is conducted in light

  16. The right to health of prisoners in international human rights law.

    Science.gov (United States)

    Lines, Rick

    2008-01-01

    This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

  17. Seeing Chemistry through the Eyes of the Blind: A Case Study Examining Multiple Gas Law Representations

    Science.gov (United States)

    Harshman, Jordan; Bretz, Stacey Lowery; Yezierski, Ellen

    2013-01-01

    Adequately accommodating students who are blind or low-vision (BLV) in the sciences has been a focus of recent inquiry, but much of the research to date has addressed broad accommodations rather than devising and testing specific teaching strategies that respond to the unique challenges of BLV students learning chemistry. This case study seeks to…

  18. Religious Music, the Public Schools, and the Establishment Clause: A Review of Federal Case Law

    Science.gov (United States)

    Cranmore, Jeff; Fossey, Richard

    2014-01-01

    Various issues relating to education and religion continue to appear in federal court. One issue that is most relevant to music educators is the use of religious music in school music curriculum. Although no federal guidelines exist as to what is acceptable usage, a number of federal cases have addressed the various issues, from the use of…

  19. Autism Spectrum Disorder, Individuals with Disabilities Education Act, and Case Law: Who Really Wins?

    Science.gov (United States)

    Hill, Doris Adams; Hill, Stephanie J.

    2012-01-01

    The authors examined 62 court cases occurring in 2009 from the LexisNexis database regarding students, ages 3-21 years, with various forms of autism spectrum disorder and violations to the Individuals with Disabilities Education Act. They analyzed procedural and substantive violations to the Individuals with Disabilities Education Act and the…

  20. The Rule of Law and Civil Disobedience: The Case behind King's Letter from a Birmingham Jail

    Science.gov (United States)

    Kaplan, Howard

    2013-01-01

    Fifty years ago, the Reverend Dr. Martin Luther King Jr. wrote his "Letter from a Birmingham Jail." In exploring the story of the events behind the essay, and the Supreme Court case that resulted, "Walker v. Birmingham", 399 U.S. 307 (1967), educators will find a pedagogically powerful lens through which to review the seminal…

  1. ADMITTING GUILT IN COURT CASE IN ACCORDANCE WITH NEW LEGISLATIVE CHANGES

    Directory of Open Access Journals (Sweden)

    Simona TACHE

    2011-08-01

    Full Text Available Entry into force of the law no.202/2010 regarding some measures to speed up the trial processes already raises some problems of interpretation especially concerning cases that are pending. Such a situation was inevitable since the transitional provisions could not cover all situations arising in practice, and the law mentioned above create some completely new institutions in our criminal law. But I believe that for the new institution of admitting guilt in court case, would be required to adopt transitional rules necessary to eliminate the controverses that arise and will arise in practice. As any new institution, admitting guilt in court case will require a certain period of time untill crystallize an unitary practice field, even more because the text contains some vague expressions. Unfortunately, the courts have no benefit yet of a fast and efficient mechanism for unifying the jurisprudence, and this fact will probably affect also the solutions that will be taken by the courts in this matter.

  2. Universal Jurisdiction between Unity and Fragmentation of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Pasculli Maria Antonella

    2011-04-01

    over other international or transnational crimes, which would be a sign of real fragmentation between modern ICL (the core crimes and transnational ICL (crimes such as terrorism, piracy, money counterfeiting, etc..In section 2, on the basis of a few selected case studies, I will ask whether the exercise of UJ has the tendency to lead to fragmented jurisprudence on substantive ICL. I will try to answer: Do States in their implementation of legislation and subsequently the national courts use the same crime definitions as the ICC, or are they generally different and tailored to domestic circumstances? And those questions arise even more strongly for modes of liability? If the latter is the case, to what extent is the jurisprudence fragmented – is it on minor points, or do we see great divergences in case law on crime definitions?Finally, I will make some final observations on the utility of UJ and whether in general it will lead to further fragmentation within ICL, with my personal interpretation of ideal UJ.Dans cet article, la question que nous allons aborder est celle de la juridiction universelle, de manière à comprendre si elle conduira à l’unité ou à la fragmentation du droit pénal international. Sur la base d’un bref aperçu de la littérature sur le sujet, on évaluera le pour et le contre de l’implémentation du principe de juridiction universelle. Après quoi, afin de porter notre attention sur l’efficacité et la légitimité du principe de juridiction universelle, défini aussi comme une forme de juridiction controversée, on l’examinera dans les pays qui ont légiféré différemment en la matière.Dans la première partie du texte, on donnera un aperçu des Etats qui, par respect pour la ratification du Statut de Rome, ont résolu le problème de l’universalité de la juridiction en droit pénal selon différentes formes et modalités. Dans la deuxième partie, à travers quelques cas de jurisprudence, on essayera de répondre à la

  3. Employing a Classroom Response System to Teach Law: A Case Study

    OpenAIRE

    2012-01-01

    Classroom Response Systems (CRSs) can be used to promote engagement and interaction in a teaching environment. This article builds on previous work to present a case study of CRS use in a large LLB lecture series. It focuses upon issues of accessibility, summative assessment and the possibility of employing signals transmitted by students’ mobile phones. This discussion leads into a short best practice guide, drawing upon practical observations of CRS use. Finally, some specific examples of C...

  4. Economic expansion of the European renewable energy market in case of European Union law

    Directory of Open Access Journals (Sweden)

    Bilotskiy Sergiy Dmitrovich

    2014-12-01

    Full Text Available The aim of the article.The paper deals with current trends of the global energy market, signs of a crisis which determine the appearance of the market of renewable energy are revealed. Also comparative description of Ukrainian and European Renewable Energy Markets attractiveness is conducted, impact factors of state policy change in Energy Regulation of the European Union, in particular the development of the renewable energy sources, are analysed. The results of the analysis. Under the conditions of world economic globalization and the growing problem of energy crisis, the role of renewable energy is actualizing for finding in the growing demand of energy, which leads to the formation of a new market in the world economic system – renewable energy market. The initial phase of the market is characterized by the absence of intense competitive environment, the uncertainty of the major players in the market and unallotted market shares, what requires that Ukrainian producers of renewable energy can demonstrate the level of competitiveness in the international market. At the same time, for successfully entrance to the EU market it is needed depth study of legal aspects of economical activity of Ukrainian enterprises in the international market. Comparative analysis of the legal framework of Ukraine and the EU in the renewable energies industry led to positive conclusions about the attractiveness of the European market and let to identify the characteristics of the European Union. Conclusions and directions of further researches. Therefore, the construction of an entry strategy on the international market should pay great attention to aspects of international law to predict the political and legal risks of foreign market. The strategy of economic expansion is most effective in the present context of globalization of the world economy and can provide a quick entry to Ukrainian companies to the EU market and take their niche in it. In addition

  5. The figure of constitutional law of the "Integrated State": the case of the Grand Duchy of Luxembourg

    OpenAIRE

    Gerkrath, Jörg

    2014-01-01

    EU Member State status – Member statehood – The idea of an “Integrated State” – Impact of EU membership on the concepts and substance of national constitutional law – Europeanization of member state’s constitutional law – European constitutional law understood as Europeanized national constitutional law – European functions of constitutional organs – How to protect fundamental rights in a European area characterized by the overlaying of legal sources – The concept of “higher law” within the n...

  6. The pursuit of the rule of law within a pluri-legal environment: Female circumcision—a case study

    NARCIS (Netherlands)

    Gibson, B.N.

    2014-01-01

    In nations where state law is in conflict with traditional or customary law, significant issues can arise regarding the implementation of and adherence to national laws. A thorough understanding of this phenomenon within the context of legal pluralism is likely to reduce some of this conflict and pr

  7. Influence of the measurement on the decay law: the bang-bang case

    Directory of Open Access Journals (Sweden)

    Giacosa Francesco

    2015-01-01

    Full Text Available After reviewing the description of an unstable state in the framework of nonrelativistic Quantum Mechanics (QM and relativistic Quantum Field Theory (QFT, we consider the effect of pulsed, ideal measurements repeated at equal time intervals on the lifetime of an unstable system. In particular, we investigate the case in which the ‘bare’ survival probability is an exact exponential (a very good approximation in both QM and QFT, but the measurement apparatus can detect the decay products only in a certain energy range. We show that the Quantum Zeno Effect can occur in this framework as well.

  8. Study on Law of Groundwater Evolution under Natural and Artificial Forcing with Case study of Haihe River Basin

    Science.gov (United States)

    You, Jinjun; Gan, Hong; Wang, Lin; Bi, Xue; Du, Sisi

    2010-05-01

    The evolution of groundwater is one of the key problems of water cycle study. It is a result of joint effect of natural condition and human activities, but until now the driving forces of groundwater system evolution were not fully understood due to the complexity of groundwater system structures and the uncertainty of affecting factors. Geology, precipitation and human activity are the main factors affecting the groundwater system evolution and interact each other, but the influence of such three factors on groundwater system are not clarified clearly on a macroscopic scale. The precipitation changes the volume of water recharge and the groundwater pumping effect the discharge of groundwater. Another important factor influencing balance of groundwater storage is the underlaying that affects the renewablility of groundwater. The underlaying is decided mainly by geological attributes but also influenced by human activited. The macroscopic environment of groundwater evolves under the natural and anthropic factors. This paper study the general law of groundwater evolution among the factors based on the case study in Haihe River Basin, a typical area with dramatic groundwater change under natural precipitation attenuation and gradually increase of water suuply. Haihe River Basin is located in north-China, covers an area of 320,041 km2 with over 40% plain areas. The plain area of Haihe Basin is densely populated with many large and medium-sized cities, including metropolis of Beijing and Tianjin, and concentrated irrigated areas, playing important roles in China's economy and food production. It is the unique basin where groundwater occupies majority of total water supply in China. Long-term groundwater over-exploitation causes a series of ecological and environmental problems that threats the sustainable development. In this paper, the historical process of groundwater balance in Haihe Basin is divided into three phases by decrease of rainfall and increase of water

  9. Båth's law and its relation to the tectonic environment: A case study for earthquakes in Mexico

    Science.gov (United States)

    Rodríguez-Pérez, Q.; Zúñiga, F. R.

    2016-09-01

    We studied 66 mainshocks and their largest aftershocks in the Mexican subduction zone and in the Gulf of California with magnitudes in the range of 5.2 energy ratios and energy partitioning of the mainshock-largest aftershock sequences, we analyze the physics of the mainshock-largest aftershock relationship (Båth's law). The partitioning of energy during a mainshock-aftershock sequence shows that about 96-97% of the energy dissipated in a sequence is associated with the mainshock and the rest is due to aftershocks. Our results for radiated seismic energy and energy-to-moment ratio are partially in agreement with worldwide studies supporting the observation of mechanism dependence of radiated seismic energy. The statistical tests indicate that the only significant difference is for shallow thrust and strike-slip events for these parameters. The statistical comparison of stress drop of shallow thrust versus that of inslab events shows a strongly significant difference with a confidence better than 99%. The comparison of stress drop of shallow thrust events with that of strike-slip events, also indicates a strongly significant difference. We see no dependence of stress drop with magnitude, which is strong evidence of earthquake self-similarity. We do not observe a systematic depth dependence of stress drop. The results also reveal differences in the earthquake rupture among the events. The magnitude difference between the mainshock and the largest aftershock for inslab events is larger than interplate and strike-slip events suggesting focal mechanism dependence of Båth's law. For the case of this parameter, only that for inslab and strike-slip events present a significant difference with 95% confidence.

  10. A study of the science of jurisprudence%论刑名之学

    Institute of Scientific and Technical Information of China (English)

    祝捷

    2014-01-01

    本文以汉魏间“刑名”之学的产生、发展,及其对于中古哲学与文化的深刻影响为核心进行了整体讨论。“刑名”之学在汉末魏初成为众多学者的思想共识,其在哲学理念上以严密的语言逻辑、准确的名号界定、完善的制度建设为思想核心,成了当时儒家、道家、法家等各方人士的共同思想倾向;其哲学认识论在于:人的终极认识能力是存疑的;因此,人在认识上应以现实事务为重;人在现实事务的认识与处理过程中应当注重逻辑处理与制度安排。这种哲学理念上的怀疑、批判、思考、创新与整合,促使了中华中古哲学理念在更深层面上的“百家争鸣”。这种重新整合促使中古哲学与思想文化在上古哲理核心的基础上,通过“务实”(儒学刑名学,注重政治制度和社会伦理建设)与“务虚”(玄学,注重个人与家族自由及社会文化建设)这两种理念,使得中国哲学与文化得到进一步发展。这种发展趋向又促使佛教与道教在中古哲学发展过程中,进一步在认识论与真理观等理念上丰富、深化了中华哲学体系。%This paper focuses on the origin and development of the science of jurisprudence in the Han and Wei dynasties as well as its far-reaching influence on the medieval philosophy and culture of China.The science of jurisprudence became an ideological consensus of different scholars in the late Han dynasty and the early Wei dynasty because it had a rigorous language logic,accurate definitions of specific terms,and a complete institutional construction as its core idea,thus shared by Confu-cians,Taoists,and Legalists in their philosophical orientation.Its core ideas include the following:(1)Human ultimate cognitive ability is doubtful;(2)thus,people should pay more attention to prac-tical affairs and knowledge;(3)people should attach importance to logic processing and institutional

  11. Has the sanctity of life law 'gone too far'?: analysis of the sanctity of life doctrine and English case law shows that the sanctity of life law has not 'gone too far'.

    Science.gov (United States)

    Rabiu, Abdul-Rasheed; Sugand, Kapil

    2014-02-22

    The medical profession consistently strives to uphold patient empowerment, equality and safety. It is ironic that now, at a time where advances in technology and knowledge have given us an increased capacity to preserve and prolong life, we find ourselves increasingly asking questions about the value of the lives we are saving. A recent editorial by Professor Raanan Gillon questions the emphasis that English law places on the sanctity of life doctrine. In what was described by Reverend Nick Donnelly as a "manifesto for killing patients", Professor Gillon argues that the sanctity of life law has gone too far because of its disregard for distributive justice and an incompetent person's previously declared autonomy. This review begins by outlining the stance of the sanctity of life doctrine on decisions about administering, withholding and withdrawing life-prolonging treatment. Using this as a foundation for a rebuttal, a proposal is made that Professor Gillon's assertions do not take the following into account:1) A sanctity of life law does not exist since English Common Law infringes the sanctity doctrine by tolerating quality of life judgements and a doctor's intention to hasten death when withdrawing life-prolonging treatment.2) Even if a true sanctity of life law did exist:a) The sanctity of life doctrine allows for resource considerations in the wider analysis of benefits and burdens.b) The sanctity of life doctrine yields to a competent person's autonomous decision.This review attempts to demonstrate that at present, and with the legal precedent that restricts it, a sanctity of life law cannot go too far.

  12. The case of the Hacienda ‘El Novillero’ or ‘La Dehesa de Bogotá’ in 1834. The Transition from Colonial Law to Republican Law

    OpenAIRE

    2014-01-01

    The article analyses the implementation of the Act of July 10 1824 that eliminated the ‘Mayorazgos’ and sustitutions and another forms of property in Colombia related with linkages. This Act was applied in the judicial case related with the inheritance of the Hacienda ‘El Novillero’ or ‘La Dehesa de Bogotá’, a very big property near the capital of Colombia, Santa Fe. The case was solved by Arbitration on May 1834 and showed the changes and transitions from the Colonial law to the Republican L...

  13. The key indicators of transboundary water apportionment based on international laws and cases

    Institute of Scientific and Technical Information of China (English)

    FENG Yan; HE Daming; LI Yungang

    2013-01-01

    Transboundary water,more competitive utilization and uncertain availability under the globalization trend,the issue of its apportionment which directly impacts national benefits of each riparian state is becoming one of the important topics in the world.Water is scarce in China,the most important upstream state in Asia,and this task has to be thought over in the coming future.Based on “International Freshwater Treaties Database” (1820-2007) by Oregon State University,and publications and reports on transboundary water utilization and management since 1999,28 indicators of water apportionment adopted in 49 international treaties and cases in 1864-2002 are divided into 6 types,the spatial and temporal characteristics of the adopted indicators are analyzed in order to find the key indicator(s) of transboundary water apportionment.The major results include:the major adopted indicators,have significant differences among 5 regions/continents,the indicators at rank first and second place in the developed region (North America and Europe) according to the adopted times are “keeping minimum water flow” and “mean annual runoff”,but in the developing region (Asia,Africa and South America),the ranking order of the above two indicators is reversed; the major adopted indicators in the watersheds with insufficient water are “mean annual runoff”and “keeping minimum water flow”,the ones in the watersheds with sufficient water are “keeping minimum water flow” and “maximum water intake”; the international treaties signed from the first phase to the fourth phase,the developing process shows a progress of “fewer-increasing a lot-decreasing rapidly-equation basically”,the regional distribution of the treaties shifts mainly from the developed region to the developing one,especially to Asia and Africa; the major adopted indicators shifts from “keeping minimum water flow” and “mean annual runoff” in 1864-1945,to “keeping minimum water flow” and

  14. PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

    Directory of Open Access Journals (Sweden)

    MARIUS ANDREESCU

    2011-04-01

    Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

  15. PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2011-08-01

    Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

  16. The Rhetorical Boundaries of "the Law": A Consideration of the Rhetorical Culture of Legal Practice and the Case of the "Separate but Equal" Doctrine.

    Science.gov (United States)

    Hasian, Marouf, Jr.; And Others

    1996-01-01

    Argues that the phrase "think like a lawyer" confers a technical understanding of legal practices unavailable to ordinary people. Invites critics, in another approach, to examine ways laws are negotiated within rhetorical culture, then transformed into legal edicts. Studies the case of "Separate but Equal" doctrine to offer a…

  17. Consequences of the Violation by Administrative Authorities of the Right to be heard under EU Law: the Case M.G. and N.R

    NARCIS (Netherlands)

    Duijkersloot, Ton

    2014-01-01

    The ECJ’s judgment of 10 September 2013 in Case C-383/13 M.G. and N.R. sheds new light on the possible consequences of a violation of the EU right to be heard by administrative authorities of the Member States. The Court predicates that room should be left to national law but in essence provides a f

  18. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

    In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religi

  19. 刑法学实务案例教学方式探析%The Application of Case Teaching Method in the Science of Criminal Law

    Institute of Scientific and Technical Information of China (English)

    孟庆华; 王法

    2014-01-01

    Criminal cases should be considered in the selection of typical cases and criminal law practice ,major criminal cases should keep pace with the times and selecting the case should be moderate difficulty and other factors .The undergraduate teaching of criminal law should focus on criminal law theory study ,in order to make the theory of criminal law is more easily accepted by students ,it is necessary to complement by further explanation .Graduate teaching of criminal law without copying USA “case teaching method” and the German “into” teaching method ,no need to restart to explore“complementary teaching method teaching method” and other new , as long as we adhere to the application and improvement of “three three” teaching mode .%刑法学实务案例教学应选择较为典型与重大的刑法实务案例,刑法实务案例应与时俱进,所选案例应当难易适中。本科刑法学教学应把重点放在刑法理论的学习上,而为了使刑法理论更易被学生所接受,就有必要辅之以适当的案例作进一步说明、阐述。研究生刑法学教学既无需照搬美国的“判例教学法”与德国的“归入法”教学方式,也无需重新去探讨“互补式教学法”等新的教学方式,只要进一步坚持适用与完善“三三制”教学方式即可。

  20. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  1. Overcoming Murphy`s Law to gain ERP - a case study at Gibbons Creek Lignite Mine, Texas

    Energy Technology Data Exchange (ETDEWEB)

    Lancaster, E.M. [Hecla Mining Co., Stanley, ID (United States); Horbaczewski, J.K. [Morrison Knudsen Corp., San Antonio, TX (United States)

    1997-12-31

    As of January 1997, there are 2,586 acres of reclaimed land in the Extended Responsibility Period (ERP) at Gibbons Creek Lignite Mine, Texas. This achievement has taken approximately five years to accomplish - from 1991 to 1996. During this period, there were a number of issues, some of which appeared to follow Murphy`s Law (whatever can go wrong, will go wrong!). For example, the ERP candidate areas were split among three permit areas, which first had to be consolidated to facilitate the ERP process. Minesoil issues, identified as ERP prerequisites, became entangled in an overall renewal/revision of the newly-consolidated Permit 26B. Special-purpose vegetation studies were performed to investigate the effects of different minesoil textures. In the meantime, small depressional areas, wetland/wildlife enhancement areas, reclamation ponds and restored drainages became the subjects of attention from landowners and regulatory agencies. Some of these structures and features were subsequently reclaimed; others were approved via the permitting process. In some cases, the only way out of the impasse was through land acquisition. Finally, after all these issues had been resolved, an unforeseen oil-well drilling program crisscrossed the proposed ERP areas with a network of oil well pads and service roads, requiring a post-mining land use change. Eventually, whatever could go wrong, went right, and entry of lands into ERP was accomplished.

  2. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  3. Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014.

    Science.gov (United States)

    Ruibal, Alba

    2014-11-01

    In 2006, the Constitutional Court of Colombia issued Decision C-355/2006, which liberalized the country's abortion law. The reform was groundbreaking in its argumentation, being one of the first judicial decisions in the world to uphold abortion rights on equality grounds, and the first by a constitutional court to rule on the constitutionality of abortion within a human rights framework. It was also the first of a series of reforms that would liberalize the abortion regulation in four other Latin American countries. The Colombian case is also notable for the process of strategic litigation carried out by feminist organizations after the Court's decision, in order to ensure its implementation and counter the opposition from conservative actors working in State institutions, as well as for the active role played by the Court in that process. Based on fieldwork carried out in Colombia in 2013, this article analyzes the process of progressive implementation and reactionary backlash after Decision C-355/2006, with an emphasis on strategic litigation by the feminist movement and subsequent decisions by the Constitutional Court, which consolidated its jurisprudence in the field of abortion rights. It highlights the role of both feminists and of conservative activists within State institutions as opposing social movements, and the dynamics of political and legal mobilization and counter-mobilization in that process.

  4. 5 CFR 2430.12 - Administrative Law Judge's decision; contents; service; transfer of case to the Authority...

    Science.gov (United States)

    2010-01-01

    ... Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS... FEDERAL LABOR RELATIONS AUTHORITY AWARDS OF ATTORNEY FEES AND OTHER EXPENSES § 2430.12 Administrative Law... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge's...

  5. Chinese Criminal Law and Its Orientation Influenced by Differences of Civil Law System and Case Law System%两大法系刑法学之差异对中国的影响及中国刑法学的发展取向

    Institute of Scientific and Technical Information of China (English)

    杨兴培; 郑旭江

    2014-01-01

    The theory and practice of Chinese criminal law have been and will be affected by criminal law of civil law system and case law system,whose ideological differences especially have the deepest influences upon Chinese criminal law with different manifestations. Accordingly,during the period of building up the theory of Chinese criminal law,how to choose from and emphasize on civil law system and case law system with learning from essences and absorbing the nutrition becomes one inevitable topic of our time. Nowadays,the values of protecting human rights,sticking to procedure and respecting pragmatism of case law system especially American criminal law are worthy to be learned from and focused on by Chinese,who are admiring specific skills of German and Japanese criminal law too much. Only by this way can we avoid obscurity and prejudice of our theory. Rediscovering and using traditional resources on rule of law are beneficial to update and reconstruct ideology of Chinese criminal law,theory of criminal law and skills of criminal law.%中国刑法学的理论和实践已经受到并将继续受到大陆法系和英美法系刑法学的影响,两大法系的差异特别是理念的差异对中国的影响至为深刻但却有不同的表现,由此出发我们在创建中国自身刑法学理论的过程中又将如何有所选择、有所侧重地借鉴和吸取两大法系的精髓和营养成分,应当是中国刑法学无法回避的时代命题。在今天,英美法系特别是美国刑法学保障人权、坚守程序、推崇实用的刑法理念值得已显过度推崇德日刑法学的中国学界的关注和借鉴,只有这样才有可能避免“曲高和寡”和“偏信则暗”的理论危机,而重新发掘和吸取法治的“本土资源”,也可以助推实现中国刑法学理念、刑法理论和刑法运用方法的更新和重构。

  6. Applying the Legal Security Principle in Administrative Law

    Directory of Open Access Journals (Sweden)

    Vasilica NEGRUŢ

    2015-08-01

    Full Text Available The objective of the paper is founded on a very current topic and of real interest. Using content analysis, through a descriptive study research, this study aims at identifying the content of the legal security principle and the way in which the courts in Romania, the public authorities achieve a proper application of this European principle. For this purpose, it was achieved an analysis of specific objectives aiming at, in particular, the requirements of legal security principle and the way in which they manifest in the national law. We appreciate that, although it does not beneficiate of an express assignment in the Romanian legislation, being a creation of jurisprudence, the legal security principle is in the current context, a fundamental principle of state law, which should give every citizen the opportunity to evolve into a secured, predictable legal environment.

  7. Coronial law and practice: a human rights perspective.

    Science.gov (United States)

    Freckelton, Ian; McGregor, Simon

    2014-03-01

    Coronial law and practice inevitably impact upon the human rights of those affected by deaths. It is important that such rights be incorporated in how death investigations, up to and including coronial inquests, take place. This article explores the significant impact of the jurisprudence emanating from the European Court of Human Rights, as well as the application of such law by the courts of the United Kingdom and potentially in other countries. It argues that viewing the work of coroners through the lens of human rights is a constructive approach and that, although in the coronial legislation of Australia and New Zealand, many human rights, especially those of family members, and civil liberties are explicitly protected, there remain real advantages in reflecting upon compliance with human rights by death investigation procedures and decision-making.

  8. Finding Footing in a Postmodern Conception of Law

    Directory of Open Access Journals (Sweden)

    Bryan DRUZIN

    2012-03-01

    Full Text Available The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational principles for law. While our value systems are stripped of all claim to objective authority, ultimately, all postmodernism does is force us to set aside our larger concepts of “justice,” and instead root our legal conceptions at this far more fundamental level of human experience.

  9. Borders, Violence, Law

    Directory of Open Access Journals (Sweden)

    JAVIER DE LUCAS

    2014-06-01

    Full Text Available This article explores the relationship between violence, law and borders by analyzing both the violence at the borders and the violence of the borders. In both cases, the author states that violence exerted by means of law, as well as migratory and asylum policies, threaten the universal human rights of the most vulnerable people and cannot be seen as exercising the legitimate monopoly of force, resulting in the destruction of the Rule of Law.

  10. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  11. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

  12. Diversity and Equality: An Ambiguous Relationship. Reflections on the US Case Law on Affirmative Action in Higher Education

    Directory of Open Access Journals (Sweden)

    Julie Ringelheim

    2006-12-01

    Full Text Available The concept of diversity has become increasingly salient in equality discourse. In the EU and in many of its member states, the term ‘diversity’ is now often used in place of ‘equality’ by advocates of voluntarist antidiscrimination policies. This trend echoes a phenomenon observable in the United States, where the notion of diversity has acquired a major place in discussions over affirmative action. Interestingly, the US Supreme Court has played an important role in this evolution: ‘promotion of diversity’ has progressively become almost the sole justification admitted for affirmative action programmes in higher education. This paper critically explores the use of diversity argument in US legal discourse on antidiscrimination. It argues that while the notion of diversity may valuably contribute to the promotion of equal opportunities, it is not without ambiguities. A first ambiguity results from the vagueness of the term “diversity.” Considered in the abstract, it may encompass all kind of differences and particularities. Absent further explanation, it is not self-evident that “achieving diversity” requires a special focus on disadvantaged racial or ethnic minorities. The second ambiguity lies with the fact that the diversity argument, as constructed in the US case law, tends to justify efforts to promote the inclusion of disadvantaged groups on the basis of its utility for the dominant majority. This line of argument may obfuscate more principled justifications and makes equality discourse more vulnerable to attacks based on claims that combating discrimination is in fact not “efficient” and thus not in the interest of the dominant majority.

  13. Evaluation on the Implementation of Urban and Rural Planning Law and Some Policy Suggestions: A Case Study in Western China

    Institute of Scientific and Technical Information of China (English)

    Wang; Kai; Li; Hao; Zhang; Qingfei

    2015-01-01

    The study evaluates the implementation of the Urban and Rural Planning Law in western China through questionnaires, interviews, onsite visits, and literature analysis. Results show that, though the western region has made great progress in the study and publicity of the Law, as well as in their local legislation and administrative system adjustments, there are problems impeding the implementation of the Law, such as overlapping government administration, inadequate implementation measures, controversial provisions that cause operational difficulties, local legislative confusion, and poor legal awareness. As such, this article proposes suggestions as follows: to legalize the detailed implementation rules and regulations, as well as other related regulations and technical standards, in order to improve the system of urban and rural planning laws and regulations; to strengthen legal supervision to maintain the authority of the law; to formulate proper planning policy guidelines based on the specifi c conditions of western region; and to strengthen the publicity, education, and training of the Law so as to promote the publics’ legal awareness.

  14. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...... of comparative criminal law....

  15. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The internal law of a State is the expression of the sovereign will of that Sate; however, thereare some features common to all law systems. The evolution of the society as a whole gave rise tointernational bodies (such as the European Union, through which the signatory countries haveassimilated certain unitary regulations in the internal law system. The origin of this law system is thelaw book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified byRomania prevail in case of a conflict between them and the internal legislation regarding the humanrights.

  16. Regulatory on the corporate social responsibility in the context of sustainable development by mandatory in the world trade organization law perspective (case study in Indonesia

    Directory of Open Access Journals (Sweden)

    SH. M. Hum. TAUFIQURRAHMAN

    2013-12-01

    Full Text Available Regulatory on the Corporate Social Responsibility (CSR by mandatory in Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company (hereafter the Company Law raises a contradiction. Those who agree argue that the company is not solely for profit, but more than that are participating in social issues and the preservation of the environment within the framework of sustainable development. Conversely, those who disagree view that social issues and the environment are the full responsibility of state. The involvement of a corporation in social and environmental activities is voluntary. Verdict of the Indonesian Constitutional Court in case no. 53/PUU-VI / / 2008 dated 13 April 2009 which rejected a requesting of material test of the Article 74 paragraph (1, (2 and (3 of the Company Law confirms the existence of the CSR by mandatory in international trade traffic today. The analytical results indicates that mandatory CSR regulation in the Company Law is not a form of a state intervention to the private activities. In addition, the arrangement is not contrary to the principles of free trade within the framework of the General Agreement on Tariffs and Trade (GATT / World Trade Organization (WTO.

  17. Extension of the preliminary rulings procedure outside the scope of Community law: ‘The Dzodzi line of cases’

    Directory of Open Access Journals (Sweden)

    Saulius Lukas Kaleda

    2000-09-01

    Full Text Available ‘The Dzodzi line of cases’ evidence that the functioning of the preliminary rulings procedure under Article 234 EC is not restricted to the scope of Community law, but extends also to the cases governed by national law referring to certain Community provision or concept. Most controversially in the context of this far-reaching pronouncement, the Court dismissed the views expressed by its Advocates General, actually, in all the cases of this type (recently in Roman Angonese , 6 June 2000. Ten years after the judgment in Dzodzi has been delivered, the future development of the tendency seems to be still open to radically different solutions. A compromise solution may be found in the acceptance of jurisdiction in ‘comparable’ situations, ascertained on the basis of relationship between the interpretation and the facts of a particular case. This solution should be based on the assessment of the ‘ability to provide helpful interpretation’ and the possibility to define a legal problem precisely, as a prerequisite for the full exchange of arguments. Then, it could provide a consistent attitude of the Court towards all the cases on the admissibility of references under Article 234 EC. The uncertainty inevitably following such a solution could be outweighed by the need to retain a flexible and cooperative attitude.

  18. Too Much Too Soon? A Case for Hesitancy in the Passage of State and Federal Password Protection Laws

    Directory of Open Access Journals (Sweden)

    Megan Davis

    2014-05-01

    Full Text Available Recently, significant attention has been given to employers’ concern and involvement over employees’ use of social media. The amount of attention given to social media has resulted in a number of proposed federal laws and multiple state laws discussing employers’ involvement and participation in employees’ social media use. The purpose of this note is to advocate for a more hesitant legislative stance toward social media password protection laws in an effort to avoid unnecessarily over-legislating in an area of privacy law that is still developing. While the author does not make an outright rejection of such legislation, the author argues that the speed and political vigor with which lawmakers are moving forward with such statutes raises the risk of statutory ambiguity, confusion amongst affected parties, and unnecessary burdens on employers. The note provides a thorough review of current trends in employers asking for social media login information, current legislation protecting employees’ social media use, and proposed legislation meant to combat an employer’s ability to obtain social media information.

  19. EU External Relations Law: Text, Cases and Materials, Bart Van Vooren and Ramses A. Wessel, Cambridge University Press, UK, 2014

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

    of the EU, with a book that is suitable for delivery as a core textbook for students of all levels. Their analysis covering fifteen long chapters offers the reader a comprehensive insight into the world of EU external relations law, and allows for a thoroughly better understanding of all the encapsulated...

  20. To what extent does Tobler's law of geography apply to macroecology? A case study using American palms (Arecaceae)

    DEFF Research Database (Denmark)

    Bjorholm, Stine Wendelboe; Svenning, J.-C.; Skov, Flemming

    2008-01-01

    palms (Arecaceae) as an example, we assess the extent to which Tobler's first law applies to species richness and species composition, two fundamental aspects of ecological community structure. To shed light on the mechanisms driving distance decays in community structure, we also quantify the relative...

  1. The Open Methods of Coordination as Amplifier for EU Soft Law. The case of EU Youth Policy

    NARCIS (Netherlands)

    Copeland, P.; ter Haar, B.

    2015-01-01

    The legally non-binding nature of the EU’s Open Method of Coordination (OMC) has sparked a lively scholarly debate that includes, amongst other things, research about its function and effectiveness in conjunction with hard law and the integration capacity created by different governance structures (

  2. Reaffirming Diversity: A Legal Analysis of the University of Michigan Affirmative Action Cases. A Joint Statement of Constitutional Law Scholars.

    Science.gov (United States)

    Harvard Civil Rights Project, Cambridge, MA.

    On June 23, 2003, the United States Supreme Court upheld the constitutionality of race-conscious admissions policies designed to promote diversity in higher education. The Grutter versus Bollinger decision upheld the University of Michigan Law School race-conscious admissions policy as constitutional. However, in Gratz versus Bollinger, it held…

  3. Contracts Contrary to Public Policy under English and Dutch Law : The Case of Agreement Commercializing the Human Body

    NARCIS (Netherlands)

    Mansoor, Zeeshan

    2014-01-01

    Both English and Dutch law contain general rules that result in the invalidity of contracts which conflict with morality and/or public policy. Working on the premise that each country has its own unique set of factors shaping public interests, this article highlights methodological aspects of identi

  4. Child Molesters: A Behavioral Analysis. For Law-Enforcement Officers Investigating Cases of Child Sexual Exploitation. Second Edition.

    Science.gov (United States)

    Lanning, Kenneth V.

    This booklet provides a behavioral analysis of child molesters. The terms child molesters and pedophiles are defined and distinctions are drawn between the two. The second section develops a law enforcement typology differing from those of mental health professionals, focusing on pre-arrest behavior or pre-identification behavior of child…

  5. INCORPORATING RESILIENCE INTO LAW AND POLICY: A case for preserving a natural resource legacy and promoting a sustainable future

    Science.gov (United States)

    The concept of sustainability has been widely embraced by society and in environmental law and policy as a measure to ensure a heritage of economic viability, social equity, and environmental stewardship. In a large number of statutes, Congress and many state legislatures have be...

  6. A Comment on Development of Western Natural Law%西方自然法学的历史发展述评

    Institute of Scientific and Technical Information of China (English)

    陶佳

    2015-01-01

    The origin of western natural law is very ancient .It can be traced back to the ancient Greek.However,the formation and development of theoretical system of natural law are relatively late .The main manifestation is theclassical natural law from sixteen to eighteen century.But unfortunately the ideological trend was overwhelmed byhistorische rechtsschule and positivist jurisprudence .After the Second World War,the new situation appeared.Thethree law schools including the natural jurisprudence , the analytical jurisprudence and the sociological jurispru -dence existed side by side.That is to say, the natural law goes through four stages of emergence , boom,declineand revival.The best characterization of the natural law's times value and historical limitations is its development.%西方自然法学说的渊源极其古老,一直可以追溯到古希腊时期。不过,自然法理论体系的形成与发达则相对较晚,主要表现是十六至十八世纪的古典自然法学。但随后这一思潮被后起的历史法学和实证主义法学所压倒。二战以后,新的局面再次发生,自然法学、分析法学和社会法学三大法学流派并立。也就是说,自然法学经历了由生而盛,由盛而衰,再由衰而复的过程。自然法学的发展过程,正是其时代价值与历史局限的最好表征。

  7. Balancing security and liberty within the European human rights framework. A critical reading of the Court’s case law in the light of surveillance and criminal law enforcement strategies after 9/11

    Directory of Open Access Journals (Sweden)

    Paul J.A. de Hert

    2005-07-01

    Full Text Available Literature concerning human rights protection by the European Court on Human Rights after 9/11 is very often coloured by optimism. Some authors hold that judicial control by the European Court on national anti-terrorism measures is very strict, especially compared to U.S. judicial review. Others suggest the existence of a strict privacy test developed by the European Court as a bulwark again anti-terrorism measures that give too much discretion to law enforcement authorities. In this paper we discuss the ‘classical’ European framework with regard to ‘hard’ anti-terrorism measures and the privacy framework that is relevant for new, ‘softer’ anti-terrorism measures. it is argued that this optimistic reading of the European human rights framework in the area of security especially with regard to the latter is flawed and based on a misunderstanding of the case law of the European Court. This analysis leaves little room for optimism about judicial review of the legislator in Europe and urges for an attitude of self-restraint.

  8. Patient-reported outcomes instruments: bridging the gap between international copyright laws and common practice for developers and users--a case example.

    Science.gov (United States)

    Anfray, Caroline

    2009-12-01

    Copyright laws are intended to protect the rights of authors in their literary, scientific, and artistic works. The recent controversy about the standardized version of the Asthma Quality of Life Questionnaire between Elizabeth Juniper and Eirini Grammatopoulou et al. is an example of the difficulties inherent to copyright faced by developers and users of patient-reported outcome (PRO) instruments. This brief communication presents the basics of international copyright laws (i.e., the Berne Convention), the facts behind the controversy, and our analysis of the case based on our experience as a distributing center of PRO instruments. We conclude that better communication between developers and users would prevent most unfortunate complications and misunderstandings.

  9. Exploration on Detailed Control Planning Under Urban-Rural Planning Law:A Case Study on Wuhan

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    Based on the planning practice in Wuhan after the Urban-Rural Planning Law was implemented in 2008,this paper reviews the evolution of detailed control planning in China,and addresses its main problems and conflicts.The innovation of the hierarchical planning and administration system is discussed,and the administrative measures for the transition period in which the detailed control plans have not yet been made for all the urban areas is proposed.

  10. Soft law, self-regulation and cultural sensitivity: The case of regulating Islamic banking in the UK

    OpenAIRE

    Abdul Karim Aldohni

    2014-01-01

    The Islamic banking sector has grown significantly over the last three decades and reached many international financial markets. As their name suggests Islamic banks are governed by the rules of Islamic law (Sharia). The Sharia compliance requirement has its implication on the nature of Islamic banks’ operations. The prohibition of interest prevents Islamic banks from using conventional financial products. Instead, Islamic financial products are based on the principle of profit-loss sharing. ...

  11. Corporate Social Responsibility versus EU Law: Gender Norms Application and Translation in A Case Study of A Bank in Cyprus

    OpenAIRE

    Kyriakou, A.K

    2010-01-01

    This thesis critically examines mainly three sectors. Initially it scrutinizes the equality of gender in the work place in all available remedies. Second, it displays a study to determine the translation of the two normative structures. Thirdly it assesses whether the cooperation of Corporate Social Responsibility and European Union law could co-exist in the new accountability order. In concluding the author of this paper will deduce recommendations as guidelines to a professed improvements i...

  12. Property Law

    OpenAIRE

    Dean Lueck; Thomas J. Miceli

    2004-01-01

    This chapter examines the economics of property rights and property law. Property law is a fundamental part of social organization and is also fundamental to the operation of the economy because it defines and protects the bundle of rights that constitute property. Property law thereby creates incentives to protect and invest in assets and establishes a legal framework within which market exchange of assets can take place. The purpose of this chapter is to show how the economics of property r...

  13. Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice.

    LENUS (Irish Health Repository)

    Sills, Eric Scott

    2009-01-01

    The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional \\'right to procreate\\' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.

  14. Whither the common law derivative action

    OpenAIRE

    Yap, JL

    2009-01-01

    The common law derivative action was developed as a result of decades of case law in common law jurisdictions. Hong Kong and Singapore continue to retain the common law derivative action within their respective legal frameworks, despite both having enacted statutory derivative actions. This paper considers the situations in which the common law derivative action continues to have practical application in each of these jurisdictions. It then considers whether the common law derivative acti...

  15. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    -border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

  16. SOCIAL ASPECTS OF THE REFORM TO THE EUROPEAN UNION PUBLIC PROCUREMENT LAW

    Directory of Open Access Journals (Sweden)

    Roberta Lukošiūnienė

    2014-08-01

    Full Text Available Purpose: the article aims to analyse the reform of the European Union public procurement law on social aspects in different stages of the reformed public procurement procedures. Comprehensive reform of the European Union public procurement law was approved by the European Parliament in January 2014, adopted by the Council in February 2014, and legislative acts published on 28 March 2014. The current directives 2004/18/EC on procurement in public works, supply and service contracts, as well as 2004/17/EC on procurement in the water, energy, transport and postal services sectors were updated. Additionally, the new directive 2014/23/EU on the award of the concession contracts providing an orientation previously given only by the case law of the Court of Justice of the European Union was adopted. Among other things the reform is highly focused on greater scope of social issues to be addressed in the public procurement procedures. The authors’ aim to analyse the way social issues are being tackled under the new directives. Design/methodology/approach – logical systematic method will be used in order to ascertain the content of the laws within the scope of the social aspects, whereas comparative method will be applied to ascertain national and European Union legal acts. On the basis of analytical method conclusions will be drawn. Findings – the authors will focus on legal analysis and considerations on social aspects in different stages of the reformed public procurement procedures ie in the stage when deciding on the subject-matter of the contract and the technical specifications, in the qualitative selection, in applying the award criteria and in the stage of performance of the contract. Research limitations/implications – the new directives also set new mandatory grounds related to the infringements of social and labour laws for excluding suppliers from the competitions for contracts, though the Paper will not analyse in-depth the legal

  17. The Sources of Administrative Law and their Role in Consecrating the Administrative Space of European Union

    Directory of Open Access Journals (Sweden)

    Gina Livioara Goga

    2012-05-01

    Full Text Available At the level of the European Union, we cannot find a proper law in the sector of publicadministration , there are no precise regulations of administrative law within the legislation of the EuropeanUnion therefore we cannot talk about a system of administrative law characterized by written laws. Theexperience of half a century in European integration has proved, given the diversity of the systems ofEuropean law that the most important activity of the European judge was to create the law, to cover somegaps, to define or redefine the principles of administrative law. Since the jurisprudence of the Court of Justiceof the European Union has known a more and more development and recognition in the past decades andespecially at the level of the member states, the European administrative law has been identified with theseprinciples that seem to be defining it in the future in the lack of a general codification of what we call anEuropean administrative space. The purpose of this research is to understand the sources of the Europeanadministrative law analyzing at the same time the legislation of the European Union as well as thejurisprudence of the Court of justice and the other instances of the European Union.

  18. Indicators of success for smart law enforcement in protected areas: A case study for Russian Amur tiger (Panthera tigris altaica) reserves.

    Science.gov (United States)

    Hötte, Michiel H H; Kolodin, Igor A; Bereznuk, Sergei L; Slaght, Jonathan C; Kerley, Linda L; Soutyrina, Svetlana V; Salkina, Galina P; Zaumyslova, Olga Y; Stokes, Emma J; Miquelle, Dale G

    2016-01-01

    Although considerable conservation resources have been committed to develop and use law enforcement monitoring and management tools such as SMART, measures of success are ill-defined and, to date, few reports detail results post-implementation. Here, we present 4 case studies from protected areas with Amur tigers (Panthera tigris altaica) in Russia, in which indicators of success were defined and evaluated at each. The ultimate goal was an increase in tiger numbers to 1 individual/100 km(2) at each site. We predicted that improvements in law enforcement effectiveness would be followed by increases in prey numbers and, subsequently, tiger numbers. We used short-term and long-term indicators of success, including: (i) patrol team effort and effectiveness; (ii) catch per unit effort indicators (to measure reductions in threats); and (iii) changes in target species numbers. In addition to implementing a monitoring system, we focused on improving law enforcement management using an adaptive management process. Over 4 years, we noted clear increases in patrol effort and a partial reduction in threats. Although we did not detect clear trends in ungulate numbers, tiger populations remained stable or increased, suggesting that poaching of tigers may be more limiting than prey depletion. Increased effectiveness is needed before a clear reduction in threats can be noted, and more time is needed before detecting responses in target populations. Nonetheless, delineation of concrete goals and indicators of success provide a means of evaluating progress and weaknesses. Such monitoring should be a central component of law enforcement strategies for protected areas.

  19. Estimation of drought and flood recurrence interval from historical discharge data: a case study utilising the power law distribution

    Science.gov (United States)

    Eadie, Chris; Favis-Mortlock, David

    2010-05-01

    The choice of which statistical distribution to fit to historical discharge data is critical when attempting to predict the most extreme flows. It has been shown that depending upon the distribution selected, the calculated return periods can vary dramatically. Cunnane (1985) discussed the factors affecting the choice of distribution for river flow series data, and was able to show that small differences in the Extreme Value Type 1 (Gumbel), Type 2, and Type 3 can lead to large differences in the predicted return period. Indeed this divergence increases as the return period becomes larger: a finding which has obvious implications for fluvial management. Despite this, in many studies which fit a frequency-magnitude distribution to fluvial discharge data, the choice of distribution appears driven by regional convention, or even by some other apparently arbitrary factor. Benson (1968) analysed data for ten US stations, and compared the fit using the log-normal, gamma, Gumbel, log-Gumbel, Hazen and log-Pearson type 3 distributions. On the basis of this study alone, the standard approach to flow frequency estimation in the USA became the fitting of a log-Pearson type 3 (LP3) distribution (US Water Resources Council, 1982). While several other countries have adopted a similar approach, usage of the LP3 distribution is not geographically universal. Hydrologists in the United Kingdom conventionally utilise a fitted generalised logistic distribution for flow frequency estimation (Robson and Reed, 1999) while Chinese hydrologists utilise the log-normal distribution (Singh, 2002). Choice of fitted distribution is obviously crucial, since selecting one distribution rather than another will change the estimated probabilities of future droughts and floods, particularly the largest and rarest events. Malamud et al. (1996) showed that a flood of equivalent size to that experienced on the Mississippi in 1993 has a recurrence interval on the order of 100 years when a power-law

  20. Fit for Purpose or Faulty Design? Analysis of the Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Legal Protection of Minorities

    Directory of Open Access Journals (Sweden)

    Anneleen Van Bossuyt

    2007-05-01

    Full Text Available This paper examines whether the European Court of Justice (ECJ, even in the absence of explicit competencies, could play a role in the creation of a European Union policy promoting the protection of minorities and thus preventing their social exclusion. Comparison is made with the jurisprudence of the European Court of Human Rights (ECtHR because of the cross-fertilisation between the two Courts. The author argues that there is a conspicuous absence in ECJ jurisprudence on the rights of minorities to their culture and identity, whereas the jurisprudence of the ECtHR in this regard is progressive. In contrast, the ECJ takes the fore when it comes to the protection of the linguistic rights of minorities. In conclusion, the author argues that the ECJ is not fit for purpose, but that to speak of a faulty design is taking a step too far.

  1. 高校法学教学模式改革的思考%Reflections on the Reform of University Jurisprudence Teaching Model

    Institute of Scientific and Technical Information of China (English)

    刘佳

    2014-01-01

    面对法学专业毕业生就业压力日益增大的趋势,高校都在想方设法地提高自己学生的就业率,提出了五花八门的培养目标,由此产生了各有特色的教学模式。然而,学生的综合素质才是保障就业率的决定性因素。要在明确法学教育培养综合性法学人才的前提下,开展生动灵活的教学方法。既要培养学生应对各种考试、参与实践的能力,又要从长远考虑,注重培养学生的理论素养和职业道德。%Faced with the increasingly heavy employment pres-sure of jurisprudence graduates, colleges and universities are seeking methods to improve students' employment and have pro-posed a variety of cultivation goals, thus generating their featured teaching models respectively. However, students' comprehensive quality is the very determining factor ensuring their employment. Under the premise of clarifying the goal of jurisprudence educa-tion, namely, cultivating comprehensive jurisprudence talents, teachers should carry out flexible teaching methods, not only cul-tivating students' abilities of handling various examinations and participating in practice, but also cultivating students' theoretical accomplishment and occupational morality in the long run.

  2. Tratados internacionais em matéria tributária e sua relação com o direito interno no Brasil The impact of the international treaties on tax law on the Brazilian law

    Directory of Open Access Journals (Sweden)

    Gustavo Mathias Alves Pinto

    2008-06-01

    Full Text Available Este artigo tem como objetivo apresentar os principais aspectos a respeito do tratamento oferecido aos tratados internacionais em matéria tributária no ordenamento jurídico brasileiro. Para tal, o artigo analisa as características desses tratados enquanto fonte de direito internacional, seu posicionamento hierárquico perante a constituição federal e legislação infraconstitucional, bem como a jurisprudência mais relevante a respeito da matéria. Ao final, pretende-se demonstrar que, nos casos específicos sobre os quais tais instrumentos versarem, estes prevalecem sobre o ordenamento interno em razão do princípio da autolimitação da soberania no tocante à imposição tributária.The following article presents the main aspects of the interaction between tax treaties and national law within the brazilian legal system. The article analyses the characteristics of such treaties as sources of international law, their hierarchy before the constitution and legislation, as well as the relevant jurisprudence on the subject. The article aims at demonstrating that, regarding the specific situations addressed in its body, the tax treaty takes precedence over the national law, based on the principle of selflimitation of taxation power.

  3. 第八届全国经济法理论研讨会综述%A Summary of the Eighth National Symposium on Relevant Theory of the Economic Law

    Institute of Scientific and Technical Information of China (English)

    许明月

    2001-01-01

    2000年11月14-17日,第八届全国经济法理论研讨会在重庆隆重召开。在本次会议中,代表们就经济法不同领域中的问题提出了许多很有见地的新观点,展示了经济法研究领域的繁荣局面;同时对经济法基本理论中涉及的诸多基本问题达成了相当普遍的共识,表明我国法学界对经济法的研究正逐渐走向成熟。%the Eighth National Symposium on the Relevant Theory of the Economic Law was hold in Chongqing from 14-17, November 2000. The attendants of this symposium offered many novel ideas and viewpoints in view of some problems existing in different fields of the economic jurisprudence. Which displays a renewed atmosphere in the researching field of the economic jurisprudence. In addition, the presentation has reached a common agreement in research on the fundamental theory of the Economic Law. It shows that in the jurisprudential circle the research in the economic jurisprudence is now approaching a new stage of perfection.

  4. Legal Pluralism: Interactions Between Official and Unofficial Laws: The Case Study of a Multi-ethnic Community Farm

    Directory of Open Access Journals (Sweden)

    Gabriela Ribeiro Farinha

    2015-12-01

    Full Text Available A multi-ethnic community farm, located in California, was created in 2011 to be commonly exploited by refugees and emigrants from different countries.This paper aims to describe, as an observable fact, how distinct non-state normativities behave and relate in their dynamic process of interaction, surpassing the usual state/local law bases of analysis.The farm was approved by the state authorities and the NGO has created its regulations. Concomitantly, the distinct communities of farmers have defied and transformed the farm’s regulations by incorporating their competing legal land tenure regimes and legal postulates in the same structure of the unofficial law of the farm, through a common frame of meaning and the enactment of the “autonomy rule”. This has allowed the growers to follow their normativities inside the farm. However, its creation process and daily practice also exposes the relevance of the official law in its constitution, shape and function. En 2011 se creó en California una granja multiétnica comunal, para que fuera explotada en comunidad por refugiados y emigrantes de diferentes países. Este artículo pretende describir, como hecho observable, cómo se comportan y se relacionan normativas no estatales en un proceso dinámico de interacción, superando las bases de análisis estado/local habituales del derecho. Las autoridades estatales aprobaron la granja, y la ONG creó su propia normativa. Al mismo tiempo, las diferentes comunidades de agricultores han desafiado y transformado el reglamento de la granja, incorporando sus regímenes legales de tenencia de tierras vigentes, y los postulados legales en la misma estructura del derecho no oficial, a través de un marco común de significado y la promulgación de la “norma de autonomía”. Esto ha permitido a los productores seguir sus normativas dentro de la finca. Sin embargo, su proceso de creación y práctica diaria también pone de manifiesto la importancia del

  5. Risk, statistical inference, and the law of evidence: The use of epidemiological data in toxic tort cases

    Energy Technology Data Exchange (ETDEWEB)

    Brannigan, V.M. [Univ. of Maryland, College Park, MD (United States); Bier, V.M. [Univ. of Wisconsin, Madison, WI (United States); Berg, C. [Georgetown Univ. School of Medicine, Washington, DC (United States)

    1992-09-01

    Toxic torts are product liability cases dealing with alleged injuries due to chemical or biological hazards such as radiation, thalidomide, or Agent Orange. Toxic tort cases typically rely more heavily that other product liability cases on indirect or statistical proof of injury in toxic cases. However, there have been only a handful of actual legal decisions regarding the use of such statistical evidence, and most of those decisions have been inconclusive. Recently, a major case from the Fifth Circuit, involving allegations that Benedectin (a morning sickness drug) caused birth defects, was decided entirely on the basis of statistical inference. This paper examines both the conceptual basis of that decision, and also the relationships among statistical inference, scientific evidence, and the rules of product liability in general. 23 refs.

  6. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases......

  7. 《法社会学原理》读与思%Reading and Thinking on Fundamental Principles of the Sociology of Law

    Institute of Scientific and Technical Information of China (English)

    雷安军

    2014-01-01

    Fundamental Principles of the Sociology of Law established the subject of sociology of law .This book interprets the principle of sociology law:in the contemporary era or any other era , the development of law does not come from the legislation , jurisprudence or sentence .The society itself pushes the development of law .This book changed the existing opinions on the subjects of legal research and research methods .%《法社会学原理》奠定了社会法学这门学科的基本地位。该书阐释了社会法学的基本原则:法发展的重心在于社会本身,而不是立法、法学或司法判决。该书极大地推进了法学界对法学研究对象和研究方法的认识。

  8. 雅俗结合律的实证%A Case Study on the Composition of the Refined Associative Law

    Institute of Scientific and Technical Information of China (English)

    段宝林

    2012-01-01

    邓迪斯《伪民俗的制造》一文,认为美国著名的"民间英雄"班扬的传说和格林童话、芬兰史诗《卡列瓦拉》等都是"伪民俗",却被人民当成真民俗接受了。这些名著和《荷马史诗》都是文人与民间文学结合的产物,证实了"雅俗结合律"作为一种文艺普遍规律的正确性。对"伪民俗"的宣传和商业作用,应采取科学而宽容的态度,从而以一种民间文学的新观念,来解释"伪民俗"为什么成为真民俗的问题。%Dundee,the author of Pseudo Folk Custom Formation,views the American famous folk hero’s Bunyan Legend and Grimm's fairy tales and Finland Epics as pseudo folks,which have been well accepted by people as true folks.These classics and the Homeric hymn are literati and the product of the combination of folk literature,confirmed as "subversive associative law",as well as a kind of literature and art the correctness of the universal law.With regard to the propaganda and commercial value of the pseudo folks,we should take scientific and tolerant attitude,so that we can explore the mysteries of how pseudo folks become true folks.

  9. Landslide Susceptibility Mapping in Vertical Distribution Law of Precipitation Area: Case of the Xulong Hydropower Station Reservoir, Southwestern China

    Directory of Open Access Journals (Sweden)

    Chen Cao

    2016-06-01

    Full Text Available This study focused on landslide susceptibility analysis mapping of the Xulong hydropower station reservoir, which is located in the upstream of Jinsha River, a rapidly uplifting region of the Tibetan Plateau region. Nine factors were employed as landslide conditioning factors in landslide susceptibility mapping. These factors included the slope angle, slope aspect, curvature, geology, distance-to-fault, distance-to-river, vegetation, bedrock uplift and annual precipitation. The rapid bedrock uplift factor was represented by the slope angle. The eight factors were processed with the information content model. Since this area has a significant vertical distribution law of precipitation, the annual precipitation factor was analyzed separately. The analytic hierarchy process weighting method was used to calculate the weights of nine factors. Thus, this study proposed a component approach to combine the normalized eight-factor results with the normalized annual precipitation distribution results. Subsequently, the results were plotted in geographic information system (GIS and a landslide susceptibility map was produced. The evaluation accuracy analysis method was used as a validation approach. The landslide susceptibility classes were divided into four classes, including low, moderate, high and very high. The results show that the four susceptibility class ratios are 12.9%, 35.06%, 34.11%and 17.92% of the study area, respectively. The red belt in the high elevation area represents the very high susceptibility zones, which followed the vertical distribution law of precipitation. The prediction accuracy was 85.74%, which meant that the susceptibility map was confirmed to be reliable and reasonable. This susceptibility map may contribute to averting the landslide risk in the future construction of the Xulong hydropower station.

  10. International law problems for realisation of the IAEA conventions on notification and assistance in the case of a nuclear accident

    Energy Technology Data Exchange (ETDEWEB)

    Petrov, M.M.

    1993-12-31

    The Chernobyl accident underscored the need for an early warning system and international assistance plan in case of a nuclear accident. Shortly after Chernobyl, two conventions were adopted under the auspices of the IAEA. The convention on Early Notification of a Nuclear Accident, in force since 1986, establishes an early warning system for all nuclear accidents whose effects might cross national boundaries. Under the convention on Assistance in the Case of a Nuclear accident or radiological Emergency,in force since 1987, countries must facilitate prompt assistance in case of a nuclear accident or radiological emergency, to minimize it`s consequences. Issues with the conventions are described.

  11. Health Law: Notifiable diseases

    Directory of Open Access Journals (Sweden)

    Gastón Casaux

    2014-07-01

    Full Text Available This work made up the ultimate Health Law, latest new law branch from older date in the whole world but recently appearance in our country. As usual in other cases, we increase one of de most relevant events: the endless number of diseases that we advise obligatory, because they have been regulated for consecutive by-laws en the codex from 1946, 1958 and 2004. Since 2012 in order of the successful transformations in the modern technology with the change of rules in our order-law, it was necessary to recall their contents and we achieve in order of the promulgation the decree number 41/12 dated in February 16. In the second chapter we analyse one of the most bothersome contents: the diseases becoming from the food habitudes (named eia´s, whatever we considered a real significance for the common of the citizens and consumers, because they prevail notoriously in the human health.

  12. The Role of the Ultima Ratio Principle in the Jurisprudence of the Norwegian Supreme Court

    Directory of Open Access Journals (Sweden)

    Thomas Frøberg

    2013-01-01

    Full Text Available The article examines how the ultima ratio principle can be used to analyze and criticize the argumentation of the courts in cases concerning the interpretation of criminal statutes. Este artículo analiza la forma en la que el principio de ultima ratio se puede utilizar para analizar y criticar los argumentos de los tribunales en casos relacionados con la interpretación de la legislación penal.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2200885  

  13. 王跃文案的竞争法思考%CONSIDERATIONS ON THE CASE OF WANG YUE-WEN FROM THE POINT OF VIEW OF COMPETITION LAW

    Institute of Scientific and Technical Information of China (English)

    张燕

    2011-01-01

    The case of Wang Yue-wen put the question whether the author belongs to the "manager",although the court has made a decision of individual case,the new type unfair competition will keep appearing,if we explain every applicable subject,it will increase our justice cost.So I think the applicable subject of Anti-unfair Competition Law should extend its range from "manager" to all people whose activity can influence the market competition.Besides,this case also reflect the necessity of protecting image of celebrities,in order to protect their rights,we should increase a special regulation in the Anti-unfair Competition Law,avoiding the consumer produce confusion for image of celebrities that have commercial mark.%王跃文案提出了作家是否属于"经营者"问题,虽然法院对个案已做了认定,但新型的不正当竞争却会不断出现,若一一对适用主体进行解释将增加司法成本。所以《反不正当竞争法》适用主体应从"经营者"扩展到"凡影响市场竞争活动之人"。另外,该案也反映了名人形象保护的必要性,在《反不正当竞争法》中亦应增加一款专门规定予以保护,防止消费者对具备商业标识的名人形象产生混淆。

  14. Handbook of technology law. General funamentals, environment law, genetic engineering act, energy act, telecommunication act and media act, patent act, computer act. 2. ed.; Handbuch des Technikrechts. Allgemeine Grundlagen Umweltrecht, Gentechnikrecht, Energierecht, Telekommunikations- und Medienrecht, Patentrecht, Computerrecht

    Energy Technology Data Exchange (ETDEWEB)

    Schulte, Martin; Schroeder, Rainer (eds.) [Technische Univ. Dresden (Germany). Juristische Fakultaet

    2011-07-01

    On the boundaries between technology sciences, jurisprudence, social sciences and economic science the technology law proves as a cross-sectional area par excellence. The bases of the technology law are presented: individual, particularly important scopes of the technology law (appliance safety regulations, technology law and environment law, genetic engineering act, energy right, telecommunications law and media law, patent law, computer law, data security, legally binding telecooperation) are analyzed in detail. The manual contacts all lawyers who want to provide a first in-depth insight of this new field of law. [German] Im Grenzbereich von Technik-, Rechts-, Sozial- und Wirtschaftswissenschaften erweist sich das Technikrecht als Querschnittsmaterie par excellence. Die Grundlagen des Technikrechts werden dargestellt; einzelne, besonders wichtige Bereiche des Technikrechts (Geraetesicherheitsrecht, Technik und Umweltrecht, Gentechnikrecht, Energierecht, Telekommunikations- und Medienrecht, Patentrecht, Computerrecht, Datensicherheit, Rechtsverbindliche Telekooperation) werden eingehend analysiert. Das Handbuch wendet sich an alle in Wissenschaft und Praxis mit dem Technikrecht befassten Juristen, die sich einen ersten vertieften Einblick in dieses neue Rechtsgebiet verschaffen wollen. (orig.)

  15. THE APPEAL IN THE INTEREST OF LAW IN THE DRAFTS OF THE NEW ROMANIAN PROCEDURE CODES

    Directory of Open Access Journals (Sweden)

    Dan LUPA CU

    2009-11-01

    Full Text Available * This paper has been prepared within the research project „Standardization of Judicial Practice and Harmonization With the ECHR Jurisprudence, a Mandatory Condition to Enforce Justice. Legislative Proposal to Grant Aconsistent Judicial Practice” (ID-1094 financed by the Romanian Minister of Education, Research, Youth and Sports.The unifying role of the High Court of Cassation and Justice in Romania is also accomplished – among other instruments – by mean of the appeal in the interest of law. Designed as a procedural instrument intended to contribute to the unitary interpretation and implementation of the law nationwide, it consolidates the position of leader of the judicial order held by the Supreme Court. The drafts of the new Procedure Codes – Civil and Criminal – substantially improve the regulations in this matter, but in a limited and non-unitary manner, as we will try to further demonstrate.

  16. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities.

  17. Policy and jurisprudence aspects of climate adaptation; Beleids- en rechtswetenschappelijke aspecten van klimaatadaptatie

    Energy Technology Data Exchange (ETDEWEB)

    Driessen, P.P.J.; De Gier, A.A.J.; Van Rijswick, H.F.M.W.; Schueler, B.J. [Universiteit Utrecht, Utrecht (Netherlands); Meijerink, S.V. [Radboud Universiteit Nijmegen, Nijmegen (Netherlands); Pot, W.D.; Termeer, C.J.A.M. [Wageningen UR, Wageningen (Netherlands); Reudink, M.A.; Tennekes, J. [Planbureau voor de Leefomgeving PBL, Den Haag (Netherlands)

    2011-07-15

    Questions about the desirable and the most appropriate measures for adaptation of Dutch society to climate change are dealt with. By means of a test one can answer the question whether a proposed measure of climate adaptation is desirable and successful. The first part (A) contains an introductory essay (Towards a climate proof Netherlands, the institutional context). The second part (B) contains the description of the four key elements: Is it appropriate? Is it allowed? Does it fit in? Is it adaptive? This 'four-step test; is applied to three cases related to climate adaptation. [Dutch] Vragen over de wenselijke en de meest geschikte maatregelen voor adaptatie van de Nederlandse samenleving aan de klimaatverandering worden behandeld vanuit een geintegreerde wetenschappelijke benadering. Met behulp van een toets kan men de vraag beantwoorden of een voorgenomen maatregel van klimaatadaptatie wenselijk en succesvol kan zijn. Het eerste deel (A) bevat een inleidend essay (Op weg naar een klimaatbestendig Nederland, de institutionele context). Het tweede deel (B) bevat de beschrijving van de vier elementen van de toets: Hoort het? Mag het? Past het? Is het adaptief? Deze 'Vier-stappentoets' wordt toegepast op een drietal casussen die betrekking hebben op klimaatadaptatie.

  18. 克格尔和他的国际私法"利益论"%Kegel and his Jurisprudence of Interests in International Private Law

    Institute of Scientific and Technical Information of China (English)

    邹国勇

    2004-01-01

    @@ 20世纪50到70年代,美国国际私法学者掀起了一场"冲突法革命",对传统的国际私法理论和方法进行了猛烈抨击,并各自提出了独树一帜的学说,主要有凯弗斯(Cavers)的"优先选择原则"、柯里(Brainerd Currie)的"政府利益分析说"、埃伦茨威格(Albert A.Ehrenzweig)的"法院地法优先说"、里斯(W.L.M.Reese)的"最密切联系说"等.同时法国的巴迪福尔(Henri Batiffol)和德国的克格尔(Gerhard Kegel)等欧洲学者也提出了一些颇有影响的国际私法理论.本文拟对克格尔的国际私法"利益论"做一初步探讨,以抛砖引玉.

  19. Conscientious objection to sexual and reproductive health services: international human rights standards and European law and practice.

    Science.gov (United States)

    Zampas, Christina; Andión-Ibañez, Ximena

    2012-06-01

    The practice of conscientious objection often arises in the area of individuals refusing to fulfil compulsory military service requirements and is based on the right to freedom of thought, conscience and religion as protected by national, international and regional human rights law. The practice of conscientious objection also arises in the field of health care, when individual health care providers or institutions refuse to provide certain health services based on religious, moral or philosophical objections. The use of conscientious objection by health care providers to reproductive health care services, including abortion, contraceptive prescriptions, and prenatal tests, among other services is a growing phenomena throughout Europe. However, despite recent progress from the European Court of Human Rights on this issue (RR v. Poland, 2011), countries and international and regional bodies generally have failed to comprehensively and effectively regulate this practice, denying many women reproductive health care services they are legally entitled to receive. The Italian Ministry of Health reported that in 2008 nearly 70% of gynaecologists in Italy refuse to perform abortions on moral grounds. It found that between 2003 and 2007 the number of gynaecologists invoking conscientious objection in their refusal to perform an abortion rose from 58.7 percent to 69.2 percent. Italy is not alone in Europe, for example, the practice is prevalent in Poland, Slovakia, and is growing in the United Kingdom. This article outlines the international and regional human rights obligations and medical standards on this issue, and highlights some of the main gaps in these standards. It illustrates how European countries regulate or fail to regulate conscientious objection and how these regulations are working in practice, including examples of jurisprudence from national level courts and cases before the European Court of Human Rights. Finally, the article will provide recommendations

  20. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

    The elective unit on Constitutional Law is intended for 11th and 12th grade students. The unit is designed around major course goals which are to develop those concepts whereby students recognize and understand the following three topic areas: 1) Role of the Federal Judicial Branch of Government, 2) Supreme Court Cases Involving the Three Branches…

  1. Teaching of Administrative Law in the New Grade of Law

    Science.gov (United States)

    Domínguez Alonso, Patricia

    2012-01-01

    The teaching of Administrative Law in the new grade of law poses numerous challenges and opportunities in the new model of Bologna. It's really important work of research and students in class presentations. It is also important to motivate students to study the issues and cases brought before classes and to use virtual platforms to interact with…

  2. On Methodology and Nature of Theory of Law——from the perspective of Analytical Jurisprudence%论法律理论的方法及其性质——基于分析法理学的视角

    Institute of Scientific and Technical Information of China (English)

    张超

    2012-01-01

    It is essential to clarify misunderstandings as to theory of law before undertaking detailed stud- ies so as to establish proper methodology and explore nature of theory of law. From the perspective of analytical jurisprudence, the conceptual analysis of law equals that of nature of law. This methodology is grounded on the following four aspects. Firstly, the conceptual analysis of law is not semantic analysis. Secondly, conceptual analysis is to explore the intrinsic feature of law and to study the typology of law with an institutional approach, and in essence a self- understanding of legal concept. Thirdly, a qualified theory of law can only be evalu- ative or justifiable. Fourthly, with regard to theory of law, the universality should be based on rather than in- compatible with the locality.%在从事具体的法律理论工作之前,我们必须澄清围绕在法律理论四周的种种误解,确立恰当的研究方法以及厘清法律理论的性质。从分析法理学的视角来看,法律的概念分析就是对法律之本质的探究。分析法理学这一方法论的基本论题需从以下四个方面来理解:一是法律的概念分析不是对法律概念的语义分析;二是概念分析是对法律之必然属性的探究,是对法律这种特定制度性类型的探究,从根本上讲,这是对属于我们的法律概念之自我理解;三是一种合格的法律理论只能是评价性或证立性的;四是法律理论的普遍性不仅不排斥地方性,而且要以地方性为出发点。

  3. Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009

    Directory of Open Access Journals (Sweden)

    Alexandru Boroi

    2011-05-01

    Full Text Available The elaboration and adoption of a new penal code represents a decisive moment in the evolution of any state laws. The decision to proceed in developing a new Criminal Code was not a simple demonstration of the political will, but represented a corollary matched of economic and social development, also to the doctrine and jurisprudence and it had as base a series of gaps existing in current regulation. Legislative changes concerning the minority represents one of the focal points of the reform proposed by the new Criminal Code (Law no. 286/2009. One of the major changes contemplated in this regard is the complete surrender to the punishment applicable to juveniles who are criminally responsible, in favor of educational measures. The model that inspired the current legislation is the Organic Law no. 5 / 2000 regarding the criminal liability of minors in Spain (as amended by Organic Law no. 8 / 2006, but have considered the provisions of French law (Order of 2 February 1945 with subsequent changes, German (Law juvenile courts in 1953 with subsequent amendments and the Austrian law (Juvenile Justice Act 1988.

  4. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  5. [Literature review and state of the art of the Italian law on medically assisted reproduction].

    Science.gov (United States)

    Ricci, G; Delbon, P; Conti, A; Sirignano, A

    2015-01-01

    This article analyzes the current situation of medically assisted reproduction in Italy after the promulgation of Law 40 in 2004. This law is actually completely different from the origin version. The controversial points like reproduction for couples who bear genetic diseases, prohibition of heterologous fertilization, cryoconservation of the embryos, obligation to perform just one and contemporaneous implant of all the embryos produced, are today definitively erased. This new situation is due to the jurisprudence of the Italian Courts but especially to the changes introduced by the European Court of Human Rights and by the questions of constitutionality raised by some Italian Courts. After analysis of the legislation, the views of various authors are compared, and the weaknesses and strong points of the law are considered from the point of view of legal medicine, science and bioethics. After ten years of operation of this law Italy has returned to a situation that existed before the law. In fact the old law was only full of prohibitions. Now is possible to do heterologous fertilization and this article photographs the current situation of hospitals for assisted procreation in Italy. The work also comments on procreative tourism, a direct consequence of this law, and on the status of women, who must be the subject and not the object of the legislation.

  6. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-06-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analysed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  7. 案例教学法在经济法课程中的运用%Application of Case Study Methodology in the Teaching of Economic Law

    Institute of Scientific and Technical Information of China (English)

    王娟

    2011-01-01

    案例教学法因其教学效果显著,得到了教育和培训机构的重视。首先介绍了案例教学法的一般知识和经济法课程的特点,然后深入讨论了案例教学法在经济法教学中的作用和具体应用,给出了具体实施的步骤,并总结了应当注意的问题。%Based on the remarkable teaching effect,Case Study methodology has been attached a significant importance by the educational and training institutions.Firstly,this paper introduces the basic knowledge of the Methodology,of case study also suggests the features of The "Economic Law" course.Then, The paper dooply discusses the specific application of Case Teaching Method to the teaching of Economics Law.Finally,this paper gives the concrete steps,as well as sums up the existing problems.

  8. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

    The article analyses the case law of the ECJ on abuse of rights with the aim to determine the extent to which EU law allows Member States and others to take measures to prevent abuse of Community rights...

  9. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

    Full Text Available This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

  10. Dépénalisation de l'homosexualité, droit européen, injure, jurisprudence, pénalisation de l'homosexualité, vie privée

    OpenAIRE

    Borrillo, Daniel; Formond, Thomas

    2003-01-01

    ouvrage publié avec le concours du centre national du livre; International audience; Analyse historique et juridique de la dépénalisation de l'homosexualité (droit européen, injure, jurisprudence, vie privée)

  11. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH

    Science.gov (United States)

    REICHMAN, JEROME H.

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “market exclusivity” and in Europe as “data exclusivity,” these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers’ undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers’ clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers’ consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the

  12. 法律案例在大学法律基础知识教学中的运用%The Application of College Fundamental Law in the Legal Case

    Institute of Scientific and Technical Information of China (English)

    罗苟新

    2012-01-01

    当前高校非法学专业普遍没有开设专业法律课程,对学生进行课堂法制教育的重任,就落在了公共课程《思想道德修养与法律基础》中关于法律基础知识部分的教学过程中。由于大学生对社会横向知识认知的局限和课本法律理论知识高度浓缩的特点,需要在大学法律基础知识教学中运用法律案例来弥补不足。%There is no professional law course for non-law majors, and these students can learn the knowledge of law from the class "Ideological and Moral Cultivation and Fundamental Law". Because of students' social cognitive limitations and highly-concentrated characteristics of textbook, teachers should apply law case to make up for inadequacy of the basic knowledge of law. The article talks about the teaching effect of the law case in the process of teaching.

  13. Hardship in Bulgarian Law

    Directory of Open Access Journals (Sweden)

    Silviya TSONEVA

    2011-03-01

    Full Text Available The article deals with the legal treatment of hardship(change of circumstances in Bulgarian law trying to show where it stands in comparison with other legislations (Germany, England, USA and international legal instruments (Unidroit Principles on International Commercial Contracts and Principles of European Contract Law. An overall picture of the different approaches to hardship is concisely presented. Hardship prerequisites and effects are analyzed with a stress on specific problems identified in some recent Bulgarian court decisions. Attention is drawn to certain. concepts and reasoning in other legal systems that may be helpful to Bulgarian theory and practice when dealing with hardship cases.

  14. 法学研究如何学术--学术史方法的重申%How to Make the Jurisprudence Study Academic ---Reiteration of Methodology of Academic History

    Institute of Scientific and Technical Information of China (English)

    魏建国

    2014-01-01

    Since currently the low academic level of jurisprudence study lies in the researchers of juris-prudence , the focus should be converted to the academic study itself .Considering the methodology of academ-ic history is the fundamental method , the low academic level of jurisprudence study in China is caused by the lack of methodology of academic history study , which has resulted in that the academic jurisprudence studies cannot be distinguished from non -academic ones;jurisprudence fails to be established as an independent dis-cipline;the chaotic citation in jurisprudence study cannot function as academic evaluation ;and the academic tradition to focus on studies of western countries has become a pervasive inclination .Therefore , the academic level of jurisprudence study in China is suggested to be improved by the following measures , such as to proper-ly separate practical standards from academic standards;to establish academic independence and independent standards of academic evaluation;to better understand the significance of academic feature; to enhance con-ception of academic history; to improve academic norms and to promote academic traditions of jurisprudence with China ’ s own characteristics .It should be reiterated that the academic feature and methodology of aca-demic history are not higher requirements for jurisprudence study , rather , they function as a reminders that the jurisprudence study should start with basic research methods before exploring other measures .%当下中国法学研究学术性不强的原因主要在于法学研究者自身,因此需要将视线转向学术本身。基于学术史方法是学术最基本方法的判断,可以发现中国法学研究学术性不强的原因在于学术史方法的缺失,这使得中国法学研究中的学术性与非学术性混淆不清;法学难以确立自己学科的独立地位;法学研究中引证混乱并难以发挥学术评价功能;法学研究中学术传统

  15. Around the circular law

    CERN Document Server

    Bordenave, Charles

    2011-01-01

    These expository notes are centered around the circular law theorem, which states that the empirical spectral distribution of a n \\times n random matrix with i.i.d. entries of variance 1/n tends to the uniform law on the unit disc of the complex plane as the dimension n tends to infinity. This phenomenon is the non-Hermitian counterpart of the semi circular limit for Wigner random Hermitian matrices, and the quarter circular limit for Marchenko-Pastur random covariance matrices. We present a proof in a Gaussian case, due to Silverstein, based on a formula by Ginibre, and a proof of the universal case by revisiting the approach of Tao and Vu, based on the Hermitization of Girko, the logarithmic potential, and the control of the small singular values. Beyond the finite variance model, we also consider the case where the entries have heavy tails, by using the objective method of Aldous and Steele borrowed from randomized combinatorial optimization. The limiting law is then no longer the circular law and is relat...

  16. [Law 6/84: "an inappropriate law"].

    Science.gov (United States)

    Barroco, L E

    1994-01-01

    The intervention of Dr. Luis Elmano Barroco was evaluated at a meeting on March 19, 1994, on the topic of the state of abortion after 10 years of the new abortion law. Some aspects of the law of 1984 are characterized as inappropriate and inadequate because of the experience of the maternity ward of Dr. Alfredo da Costa. It was expected that in the wake of the publication of the law, official health care institutions would provide services for termination of pregnancy in accordance with legal indications. However, a survey carried out by the Association for Family Planning in July 1993 revealed that more than 50% of hospitals did not perform abortions because of the inexistence of specialized services or lack of resources or on grounds of conscientious objection. Even a revision of the abortion law does not take into consideration the fact that before 12 weeks of gestation it is difficult to precisely confirm grave lesions or the physical and psychological state of health of the pregnant woman which could be potentially life threatening. It was not taken into account either that it is impossible to diagnose definitively chromosomal aberrations, severe diseases, and fetal malformation before the 16th week. The law did not contemplate the prevailing socioeconomical conditions either that lead to clandestine abortion with high morbidity and mortality from cervical lesions, uterine perforation, infections, sepsis, and salpingitis. Prenatal diagnosis for eugenic abortion can be carried out by cytogenetic analysis of the amniotic fluid and ecography, but such diagnosis probably amounts to only 30-40% of risk cases in the whole country. A recent study by the Johns Hopkins University indicated that the chance of survival of a child born before 24 weeks is nil, therefore the limit of induced abortion should be extended to the 24th week to facilitate diagnosis of possible genetic abnormalities.

  17. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  18. The Preliminary Ruling Decision in the Case of Google vs. Louis Vuitton Concerning the AdWord Service and its Impact on the Community Law

    Directory of Open Access Journals (Sweden)

    Tomáš Gongol

    2013-02-01

    Full Text Available The internet user after entering the keywords obtains two kinds of search results – natural and sponsored ones. The following paper deals with the issue of using keywords which correspond to trademarks registered by a third party for advertising purposes through internet search portals such as Google, Yahoo, Bing, Seznam, Centrum etc. (in principle web search portals. The objective of this article is to analyze decided cases dealing with the AdWords service issued by the Court of Justice of the European Union and compare them also with the attitude in similar disputes in the U.S. Within this knowledge it is necessary to determine the impact of these decisions on further national courts decisions of European Union member states. Moreover there is also legal impact on copyright law and responsibility of internet search engines deduced. The method of the analysis of courts decisions is used and the method of legal comparison is applied to different attitudes in similar cases. Where a third party uses a sign which is identical with the trademark in relation to goods or services identical with those for which the mark is registered, the trademark proprietor is allowed to prohibit such use if it is liable to affect one of the functions of the mark (particularly the function of indicating origin. Regarding to the liability of the Internet search engine itself, decisions of the courts in matters of Internet search engines in the European Union vary from state to state. Whereas the German courts tend to currently access the responsibility for the outcome of the search engines more freely, the French courts are often more stringent. Differently, we can say much more liberal, is the access of the U.S. courts to this issue. Preliminary ruling decision in case of Louis Vuitton Malletier SA vs. Google, Inc. and community practice in further cases follow similar (liberal decisions of the courts of the U.S.

  19. Adoption of Sustainable Practices And Certification ISO 14001: A Case Study in a Law and Legal Advice Firm

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

    Full Text Available This article seeks to analyze how the company X Advocacy and Legal Consultancy can implant sustainable and quality practices to obtain the environmental certification ISO 14001. To achieve the objective, a qualitative and quantitative approach study was conducted. Regarding procedures, it consisted in a case study with a descriptive focus. From observation of the reality of X Advocacy and Legal Consultancy and its claims in relation to obtaining ISO 14001 certification, it is possible to propose as solution the implementation of a number of initiatives and sustainability actions in three pillars – social, environmental and economic. Suggestions were also developed about the dimensions of quality in order to formulate the basis for X Advocacy and Legal Consultancy environmental policy and possible implementation of ISO 14,001. 

  20. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

     The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

  1. 浅谈法律教学中实践案例的运用%On the Application of Practical Cases in the Teaching of Law

    Institute of Scientific and Technical Information of China (English)

    王宝生

    2012-01-01

    在法律课堂教学中运用实践案例,可将学生带入到真实的情境中,让学生客观、系统地掌握理论知识,提升实践能力。与传统的教学方法相比,案例教学法更具优势,可有效调动学生学习兴趣,确保教学目标的顺利实现。本文结合法律教学中运用实践案例的意义,对具体的教学方法进行分析与阐述。%Use practice cases in the legal classroom instruction,students can be brought into the real situation,so that students objective,theoretical knowledge,enhance practical ability.Compared with the traditional method of teaching,case teaching method advantages,can effectively arouse the students' interest in learning,to ensure the realization of the goal of teaching.In this paper,the teaching of law,the significance of the use of practical examples,analysis and interpretation of specific teaching methods.

  2. Fractal probability laws.

    Science.gov (United States)

    Eliazar, Iddo; Klafter, Joseph

    2008-06-01

    We explore six classes of fractal probability laws defined on the positive half-line: Weibull, Frechét, Lévy, hyper Pareto, hyper beta, and hyper shot noise. Each of these classes admits a unique statistical power-law structure, and is uniquely associated with a certain operation of renormalization. All six classes turn out to be one-dimensional projections of underlying Poisson processes which, in turn, are the unique fixed points of Poissonian renormalizations. The first three classes correspond to linear Poissonian renormalizations and are intimately related to extreme value theory (Weibull, Frechét) and to the central limit theorem (Lévy). The other three classes correspond to nonlinear Poissonian renormalizations. Pareto's law--commonly perceived as the "universal fractal probability distribution"--is merely a special case of the hyper Pareto class.

  3. Recuperação inteligente de jurisprudência: uma avaliação do raciocínio baseado em casos aplicado a recuperação de jurisprudências no Tribunal Regional Eleitoral do Distrito Federal

    Directory of Open Access Journals (Sweden)

    Symball Rufino de Oliveira

    2011-04-01

    Full Text Available Trata-se de uma pesquisa cujo objeto é avaliar a medida de precisão de um sistema de recuperação de informação jurídica (jurisprudência que utiliza técnica de inteligência artificial conhecida como Raciocínio Baseado em Casos (RBC. Nesse modelo as jurisprudências são organizadas sob a forma de casos jurídicos concretos. O raciocínio baseado em casos tem como princípio a idéias de que um caso jurídico passado pode ser útil para resolver um problema atual, desde que exista entre eles algum grau de semelhança. Para estabelecer semelhanças entre casos atuais e passados o modelo estudado propõe o uso de cálculo de similaridade que é realizado com base na comparação de índices temáticos obtidos a partir do processo de indexação realizado por especialistas utilizando-se como apoio um tesauro jurídico. Esta pesquisa utiliza como universo as jurisprudências produzidas pelo Tribunal Regional Eleitoral do Distrito Federal. A amostra foi composta, considerando o recorte dado à pesquisa, por jurisprudências eleitorais produzidas nas eleições gerais de 2006 no Distrito Federal. Para realizar a avaliação do modelo, foi construído um protótipo do sistema de recuperação de informação baseado em casos. Em seguida, avaliou-se o protótipo quanto ao grau de precisão obtido no resultado de um conjunto de buscas. O método adotado para as avaliações foi o mesmo utilizado na Text REtrieval Conference (TREC de 2007, tarefa Legal Track. Após a coleta dos dados foi elaborado um relatório discutindo a possibilidade do sistema de recuperação de informação baseado em casos ser considerado um paradigma para a recuperação de informação jurídica eleitoral.

  4. Law as a Tool for Preventing Chronic Diseases: Expanding the Spectrum of Effective Public Health Strategies

    Directory of Open Access Journals (Sweden)

    George A. Mensah

    2004-04-01

    Full Text Available In part one of this 2-part series, we reviewed the important roles that laws have played in public health and provided examples of specific laws and their effectiveness in supporting public health interventions (1. We suggested that conceptual legal frameworks for systematically applying law to preventing and controlling chronic diseases have not been fully recognized and we provided the basic elements of a conceptual legal framework. In part 2 of this series, we first provide an overview of U.S. jurisprudence, describe the legal mechanisms, remedies, and tools for applying law to public health, and summarize the jurisdictional levels at which laws, mechanisms, remedies, and tools operate. We then identify the potential contours for legal frameworks of varying complexity and scope by offering examples of legal frameworks in public health practice. This paper also outlines a plan for increasing the capacity within the Centers for Disease Control and Prevention (CDC for developing legal frameworks and expanding guidance on using legal tools for preventing and controlling chronic diseases. Finally, we describe resources for building or enhancing the capacity to use law as a tool for preventing diseases, injuries, and disabilities at the local level.

  5. [Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].

    Science.gov (United States)

    Urquiza, M Fernanda; Carretero, Inés; Quaini, Fabiana Marcela; Inciarte, Florencia; Pasqualini, R Agustín; Pasqualini, R Sergio

    2014-01-01

    A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict.

  6. 合乎时代主题的理论创新 --评《国际法与国内法关系的法理学思考》%Theoretical Creativity Accordant with the Theme of the Times Comment on the article: A Jurisprudential Pensive Research on the Relat ionship Between International Law and National Law

    Institute of Scientific and Technical Information of China (English)

    孙笑侠

    2001-01-01

    The article, A Jurisprudence Pensive Research on the Relationship Between International Law and National Law written by professor Lilong and associate professor Wang Xi-gen explores into the relationship between International Law and National Law in the light of jurisprudential theory. In addition, the two authors also put forth theoretical innovation while fully understanding the theme of times that the international relationship: Peace and development.%李龙教授与汪习根副教授的《国际法与国内法关系的法理学思考》一文从法理学的高度探讨了国际法与国内法的关系,作者准确地把握了当今国际关系的和平与发展的主题,在把握了时代脉膊的同时进行了理论创新。

  7. "Just Piles of Rocks to Developers but Places of Worship to Native Americans" - Exploring the Significance of Earth Jurisprudence for South African Cultural Communities

    Directory of Open Access Journals (Sweden)

    Matome M Ratiba

    2015-04-01

    Full Text Available Throughout the years cultural communities across the world have borne witness to many unending attempts at the destruction of their places of worship. This endemic problem has arisen in a number of places, such as in the USA and in most of the world's former colonies. Having been colonised, South African cultural communities have experienced the same threats to their various sacred sites. This article seeks to argue and demonstrate that cultural communities in South Africa stand to benefit from the properly construed and rich earth jurisprudence arising out of the courtroom experiences of some of the cultural communities identified elsewhere in the world. It also proposes several arguments peculiar to South Africa which could be advanced by cultural communities seeking to protect their sacred lands.

  8. Paradox of China's Jurisprudence in Course Of Social Development%社会发展中的中国法理学悖论

    Institute of Scientific and Technical Information of China (English)

    范进学

    2012-01-01

    To some extent , there exists a kind of tension between jurisprudence and the Chinese model in research & teaching since reforming and opening, whose superficial characteristics is: paradox between the western jurisprudential knowledge and the oriental experience of China's model, paradox between jurisprudential "standard of right" and the target of "development" & "stability" of China's model, paradox between the priority of the legal independent value and the priority of the legal orderly value of China's model, paradox between legal concept based on "individual" and the legal concept based on "the people" of China's model. How to recognize and treat these paradoxes is the new subject of the development of jurisprudence at present.%改革开放以来的法理学在研究与教学上在一定程度上与中国模式之间存在着一种张力,其表征是:法理学之西方知识与中国模式之东方经验的悖论、法理学之“权利本位”与中国模式之“发展”“稳定”目标的悖论、法理学之法律自由价值优先与中国模式之法律秩序价值优先的悖论、法理学之以“个人”为本的法律观与中国模式之以“人民”为本的法律观的悖论。如何认识与看待这些悖论,是当下法理学发展的新课题。

  9. 20 CFR 655.435 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administrative law judge proceedings. 655.435... accordance with § 655.420, the Chief Administrative Law Judge shall appoint an administrative law judge to hear the case. (b) Within 7 days following the assignment of the case, the administrative law...

  10. A Relationship between Lotka's Law, Bradford's Law, and Zipf's Law.

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

    A common functional relationship among Lotka's law, Bradford's law, and Zipf's law is derived. The proof takes explicit account of the sequences of observed values of the variables by means of an index. This approach results in a more realistic and precise formulation of each law. (Author/EM)

  11. Law and public health at CDC.

    Science.gov (United States)

    Goodman, Richard A; Moulton, A; Matthews, G; Shaw, F; Kocher, P; Mensah, G; Zaza, S; Besser, R

    2006-12-22

    Public health law is an emerging field in U.S. public health practice. The 20th century proved the indispensability of law to public health, as demonstrated by the contribution of law to each of the century's 10 great public health achievements. Former CDC Director Dr. William Foege has suggested that law, along with epidemiology, is an essential tool in public health practice. Public health laws are any laws that have important consequences for the health of defined populations. They derive from federal and state constitutions; statutes, and other legislative enactments; agency rules and regulations; judicial rulings and case law; and policies of public bodies. Government agencies that apply public health laws include agencies officially designated as "public health agencies," as well as health-care, environmental protection, education, and law enforcement agencies, among others.

  12. Case Study of Apple, Inc. for Business Law Students: How Apple's Business Model Controls Digital Content through Legal and Technological Means

    Science.gov (United States)

    Reder, Margo E. K.

    2009-01-01

    This article describes a six-week long exercise that incorporates a dynamic learning approach into an e-commerce or Internet technology business law elective course; the exercise pursues an entrepreneurial approach to the use of an appropriate business model by emphasizing the interaction between technology, business, and law. This active learning…

  13. [From crime to law. The decline of the legal protection of life].

    Science.gov (United States)

    Sánchez Cámara, Ignacio

    2012-01-01

    The new regulation of abortion as a right implies a decisive step in the decline of the legal protection of life in Spanish law. The current regulation embodied in the Organic Law 2 / 2010 called the Law of sexual and reproductive health and abortion is a radical change in Spanish law on this matter. What was a passing offense now become a right: there is no greater or more radical change, the voluntary death of embryonic child can be perpetrated for the benefit of the free development of personality of the mother, or the right to privacy or their ideological freedom. The abortion is configured as a right and also as one that overrides the right to conscientious objection.The new law of the unborn life is unprotected, at the mercy of the arbitrariness of the pregnant woman.The new regulation violates the text of Article 15 of the Constitution and is inconsistent with the constitutional jurisprudence on the matter. The issue of respect of human life can not ignore its intrinsic and pure legal logic: if there is a right to life, there can be no right to end it.

  14. Restrained Integration of European Case Reports in Danish Information Systems and Culture

    DEFF Research Database (Denmark)

    Gøtze, Michael; Olsen, Henrik Palmer

    2011-01-01

    Danish Publication of European Case Law, EU Law, European Human Rights Law, Selective Danish Information Systems, Legal Knowledge......Danish Publication of European Case Law, EU Law, European Human Rights Law, Selective Danish Information Systems, Legal Knowledge...

  15. Time-capsule: Explorations of Concepts of Time and Law in Colonial New Zealand

    Directory of Open Access Journals (Sweden)

    Jonathan Barrett

    2009-12-01

    Full Text Available Postcolonial legal culture in New Zealand (Aotearoa has sought to revise the past by reinterpreting Victorian legal contexts in the light of contemporary understandings of inter-cultural differences. This article develops an argument that demonstrates the relationship between cultural and legal notions of time during nineteenth century New Zealand. It examines the way in which Victorian attitudes were expressed in the expansion of colonial empire and the discursive ideologies which may have informed them. It explores the notion of time as expressed in lawmaking in colonial New Zealand through an examination of legal and philosophical commentary derived from contemporary jurisprudence and para-legal literature. The article is concerned with presenting an argument for the way in which colonial law and lawmakers manipulated the symbolic notion of time to the possible occlusion of indigenous interests in colonial New Zealand.

  16. On the Effect and Application of Law Related Litigation Petition Cases%涉法涉诉信访案件终结的效力及其适用∗

    Institute of Scientific and Technical Information of China (English)

    杨文杰

    2016-01-01

    涉法涉诉信访案件终结可分为自愿性终结信访程序和强制性终结信访程序两种。涉法涉诉信访案件终结的效力,就是接处信访案件的有关国家机关依照法定条件和程序作出信访案件终结结论后所产生的法律后果。信访案件终结的效力有,消灭涉法涉诉信访实体法律关系的效力;消灭涉法涉诉信访案件职能部门接处信访案件的职权和职责的效力;消灭涉法涉诉案件信访行为合法性效力;引起行政处罚法律关系产生的效力;引起刑事法律关系产生的效力。适用信访案件终结效力制度应注意,处理实体性信访诉求应该坚持法治原则,区分困难照顾、帮扶、救济与法律责任的关系;严格执行信访案件终结制度;注意区分依法行使信访权和违法信访性质的不同;注意合法信访与维稳之间的关系;严格依法惩处违法信访行为。%s:In the cases Involved law related litigation there are voluntary end of the petition pro-cedures and mandatory end of the petition procedures.The validity of the termination of the complaint case involving the law,is the legal consequences arising from the conclusion of the relevant state or-gans in the case of law related litigation to the conclusion of the conclusion of the case of the complaint by the state organ in accordance with the statutory conditions and procedures.Petition cases,at the end of validity,the eradication of the validity of law related litigation of substantive legal relationship;destroy law related petition cases functions meet the validity of the powers and duties of the office of complaint cases;destroy law related litigation petition cases behavior legal effect;cause effect pro-duced by the legal relation of administrative punishment;cause effects of criminal legal relationship. Petition cases end validity system should pay attention to and processing entity of complaint should adhere to the

  17. Food Regulation in Biblical Law

    OpenAIRE

    Wilkenfeld, Wendy A.

    1998-01-01

    Everyone needs to eat, yet most societies and many world religions limit the available food supply by practicing some form of dietary restriction. However, biblical law presents a special case because "few [societies] systematically define all animals as permitted or forbidden and invoke divine authority for the instructions." For at least two thousand years, people have wondered why such a complex and comprehensive system of food regulation as is found in biblical law would fail to offer any...

  18. Protection of the Human Rights of Victims of Sexual Abuse: An Approach from the Field of Jurisprudence

    Directory of Open Access Journals (Sweden)

    Lina Marcela Estrada Jaramillo

    2012-08-01

    of the legislation and main rulings issued by the Colombian Supreme Court of Justice and the Constitutional Court, as well as by the Inter-American Court of Human Rights. This issue is of great interdisciplinary relevance since victims require the support of professionals from the fields of law, forensic medicine, psychology, and social work so that their rights are recognized and valued by society and the administration of justice.

  19. What would Mary Douglas do? A commentary on Kahan et al., "Cultural cognition and public policy: the case of outpatient commitment laws".

    Science.gov (United States)

    Swanson, Jeffrey

    2010-06-01

    Involuntary outpatient commitment is a highly controversial issue in mental health law. Strong supporters of outpatient commitment see it as a form of access to community-based mental health care and a less restrictive alternative to hospitalization for people with severe mental illness; vocal opponents see it as an instrument of social control and an unwarranted deprivation of individual liberty. Kahan and colleagues apply the theory of "cultural cognition" in an empirical study of how cultural worldviews influence support for outpatient commitment laws among the general public and shape perceptions of evidence for these laws' effectiveness. This article critiques Kahan et al. and offers an alternative perspective on the controversy, emphasizing particular social facts underlying stakeholders' positions on outpatient commitment laws.

  20. EL DERECHO A LA EDUCACIÓN Y SUS REGULACIONES BÁSICAS EN EL DERECHO CONSTITUCIONAL CHILENO E INTERNACIONAL DE LOS DERECHOS HUMANOS THE RIGHT TO EDUCATION AND REGULATIONS BASIC IN THE CHILEAN CONSTITUTIONAL LAW AND THE INTERNATIONAL HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Humberto Nogueira Alcalá

    2008-01-01

    Full Text Available A través del presente artículo se delimita el derecho a la educación determinando los atributos básicos que constituyen el derecho y sus fronteras, teniendo en consideración el derecho constitucional y el derecho internacional de los derechos humanos, es especial el Pacto Internacional de Derechos Económicos, Sociales y Culturales de Naciones Unidas, como asimismo, se consideran las líneas básicas jurisprudenciales en la materia.Through this article delineates the right to education by determining the basic attributes that make up the law and its borders, taking into consideration the constitutional law and international law of human rights, especially the International Convention of Economic, Social and Cultural Rights, as also are considered the basic lines of jurisprudence in this area.

  1. Le droit musulman en pratique : genre, filiation et bioéthique Islamic Jurisprudence in Practice: Gender, Filiation and Bioethics

    Directory of Open Access Journals (Sweden)

    Corinne Fortier

    2010-07-01

    referring their interpretations to classic Islamic texts of jurisprudence. Islamic jurisprudence (fiqh far from being inviolable and unchanging as is often assumedis continually undergoing changes, as a pragmatic response to contemporary challenges. This is made evident by thediversity of legal opinions produced by Muslim jurists on issues that are ceaselessly re-emerging before the scene.

  2. Changing the Order of Newton's Laws--Why & How the Third Law Should Be First

    Science.gov (United States)

    Stocklmayer, Sue; Rayner, John P.; Gore, Michael M.

    2012-01-01

    Newton's laws are difficult both for teachers and students at all levels. This is still the case despite a long history of critique of the laws as presented in the classroom. For example, more than 50 years ago Eisenbud and Weinstock proposed reformulations of the laws that put them on a sounder, more logically consistent base than is presented in…

  3. School Law.

    Science.gov (United States)

    Splitt, David A.

    1986-01-01

    Outlines important implications for consideration in developing employment policies prohibiting sexual harassment. The recent Supreme Court decision on a sexual harassment case shows that employers are not "insulated" from liability if courts find harassment in the workplace. Also discusses two other Supreme Court decisions. (MD)

  4. School Law.

    Science.gov (United States)

    Splitt, David A.

    1987-01-01

    Discusses "Mozert v. Hawkins County Public Schools" (Tennessee), a case involving a controversial reading textbook offending fundamentalist parents of six middle school children. The Court of Appeals reversed a district court ruling, holding that uniform use of the Holt textbook was not essential to the state's goals to teach reading.…

  5. The Re-interpretation of Power in Jurisprudence%权力概念的法理重释

    Institute of Scientific and Technical Information of China (English)

    周尚君

    2012-01-01

    从公法学立场来看,权力是由国家所垄断和专属的,它附属于国家,又被称为公权力。法律对公权力的规范是通过权力制衡来完成的。然而,事实上的权力不仅仅只有公权力一种,它可以分为政治学模式下的权力、经济学模式下的权力和社会学模式下的权力。尤其需要重视的是社会学模式下权力的多元化和微观化所带给我们的启示,微观权力理论有助于我们深入理解法律是如何通过对权力逻辑的把握而实践的,必须认真对待权力。%Over the point of the modern public law, the concept ot power woula monopol~zeu oy to~ ~-~, which is attached to it that is called public power or state power. And the law rules this sort of power by the checks and balance. However, there is not only the public power among the powers that are divided into the following mod- els as the politics, the economics and the sociology. And particularly, the multiply and the micro-forms of the power in the sociological aspect would give more clues in the way of understanding that how the law makes the practices and taking it seriously by the powers.

  6. THE “NE BIS IN IDEM” PRINCIPLE IN THE CASE-LAW OF THE EUROPEAN COURT OF JUSTICE (II. THE ‘FINAL JUDGMENT’ AND ‘ENFORCEMENT’ ISSUES

    Directory of Open Access Journals (Sweden)

    Norel NEAGU

    2012-11-01

    Full Text Available Two major events occurred in the recent years have triggered a series of cases in the field of criminal law, having transnational dimension and requiring an identical interpretation of the European law in the Member States. The first one is the “communautarisation” of the Schengen Aquis. The second one is the extension of the jurisdiction of the European Court of Justice over the (former third pillar (Police and Judicial Cooperation in Criminal Matters. As a result, several cases were referred to the European Court of Justice for the interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters. This article gives a general overview of the case-law of the European Court of Justice in the field of ‘ne bis in idem’ principle, shortly presenting the legal framework, the facts, the questions addressed to the Court by the national jurisdictions, the findings of the Court, as well as some conclusions on the interpretation of the principle. In this second study on the ‘ne bis in idem principle’ we will deal with the notion of ‘final judgment’ and ‘enforcement’ issues.

  7. Demonstrating the Gas Laws.

    Science.gov (United States)

    Holko, David A.

    1982-01-01

    Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

  8. Obrigações empresariais no Novo Código Civil Corporate law and the New Brazilian Civil Code

    Directory of Open Access Journals (Sweden)

    Ligia Paula Pires Pinto Sica

    2008-06-01

    Full Text Available Tendo em vista a promulgação do novo código civil brasileiro, que reúne dispositivos que revogam o antigo código civil de 1916 e a maioria dos capítulos do código comercial de 1850, unificando-os, é importante que se frise que remanesce a diferenciação entre as matérias de direito civil e comercial, de acordo com suas lógicas peculiares. Sendo assim e tendo o novo código introduzido diversas normas de caráter geral, este trabalho pretende discutir o papel do juiz e da jurisprudência na aplicação dessas normas de maneira casuística, dando-lhes tratamentos distintos de acordo com os fatos apresentados em juízo, de forma a manter a autonomia das áreas do direito mencionadas e garantir aos agentes econômicos o grau de segurança e previsibilidade necessário às suas atuações no mercado.In regard of the enactment of the New Brazilian Civil Code, that unifies the issues treated in the old civil code from 1916 and on the majority of the chapters of the commercial code from 1850, it's important to insist that the differences between the civil and commercial law remains, according to their peculiar logics. Asitis, and as the new code brought several rules of general character, this paper intends to discuss the role of the judge and jurisprudence in the civil law system, by interpretating those rules in a casuistic manner, giving them different treatments, according to the presented facts during litigation, in a way to maintain the autonomy of the law areas mentioned above and guarantee to the economic agents the level of certainty and previsibility, needed to exercise their activities in the market.

  9. 28 CFR 68.26 - Designation of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Designation of Administrative Law Judge... PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF... Designation of Administrative Law Judge. Hearings shall be held before an Administrative Law Judge...

  10. 28 CFR 68.29 - Unavailability of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING... FRAUD § 68.29 Unavailability of Administrative Law Judge. In the event the Administrative Law Judge... another Administrative Law Judge for the purpose of further hearing or other appropriate action....

  11. 20 CFR 410.635 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Disqualification of Administrative Law Judge... Disqualification of Administrative Law Judge. No Administrative Law Judge shall conduct a hearing in a case in... Administrative Law Judge shall consider such objection and shall, in his discretion, either proceed with...

  12. Seeking Deliberation on the Unborn in International Law

    Directory of Open Access Journals (Sweden)

    SA de Freitas

    2011-08-01

    Full Text Available International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where it is due. Such deliberation is required, irrespective of the fact that jurisprudential debate on the unborn and on abortion is complex and controversial. The protection of human life, well-being, and dignity are essential aims of the United Nations Charter and the international system created to implement it. Although there have been collective efforts resulting in substantial development in international human rights law, the international community has not approached the legal status and protection of the unborn as a matter of urgency – this, while much has been accomplished regarding women, children, animals and cloning. This article therefore argues for the development of a deliberative framework so as to further the recognition (not necessarily in an absolute sense of the unborn in international law, bearing in mind that opposition to abortion does not of itself constitute an attack on a woman's right to respect for privacy in her life. The article also sets out what such deliberation on the legal status and protection of the unborn entails, against the background of a procedurally-rational approach.

  13. Fixing Flaws in the Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    China’s top legislature has adopted a draft amendment to the Law on Lawyers that will make it easier for lawyers to meet criminal suspects and obtain evidenceA change to China’s 11-year-old Law on Lawyers is set to empow- er the country’s legal profession. The amendment to the law,which will come into effect on June 1 next year,will allow individuals to open a law firm,improve access to clients and enable lawyers to build a case more easily. Lawyers in China have traditionally lacked power and this has hampered devel- opment of the industry.The amendment could change this and lead to rapid growth in the profession.

  14. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...

  15. On ESP Vocabulary Teaching Practice for Medical Jurisprudence Majors%谈医事法律专业ESP词汇教学实践*

    Institute of Scientific and Technical Information of China (English)

    钟晓红; 王曦

    2013-01-01

    在针对医事法学专业低年级学生的英语词汇教学实践中引入ESP教育理念,组织扩展教学活动,是一种以满足不同学习者在不同的层次的实际需求、实现培养复合型应用人才为目标的有效教学途径,也是顺应近医非医教改所作的全新的尝试与探索。%The introduction of ESP educational concept into the vocabulary teaching practice and the organiztion of expanded teaching activities which specially designed for the junior Medical Jurisprudence majors, i.e., the freshmen and sophomores, is an effective instructive channel to meet the practical needs of learners of different levels and cultivate versatile and practical talents, and a new attempt and exploration conforming to the non-medical education reform as well.

  16. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  17. Source and Flow of Law Philosophy of Cooperation%合作法哲学的源与流

    Institute of Scientific and Technical Information of China (English)

    张治宇

    2015-01-01

    The core of cooperation law philosophy theory is that law should be based on cooperation instead of right and obligation . Justice theory of ancient Greece is the source of law philosophy of cooperation and the demand of Each in His Proper Place is the proper cooperation established on the basis of reasonable division of labor .At modern times ,the first branch of cooperation law philosophy is the natural law school represented by Grotius ,w hose view is that the core value target of law is to safeguard the social contact and interaction . T he second branch is the school of Sociological Jurisprudence represented by Duguit ’ s social solidarism jurisprudence , w hose view is that the core value target of law is to safeguard the social relations of cooperation .The enlightenment of Cooperation Law Philosophy is that human history is the course of new cooperation order constantly replacing the old one .Through cooperation we can understand all the keys of human history .%合作法哲学的理论内核是:法律既不应该以权利为本位,也不应该以义务为本位,而是应该以合作为本位。古希腊正义理论是合作法哲学的源头,“各得其所”要求的是建立在合理的分工基础上的有序合作。近代以来,合作法哲学第一支支流是以格劳秀斯为代表的自然法学派,其观点为法律的核心价值目标是捍卫社会联系和社会交往,第二支支流是以狄骥的“社会连带主义法学”为代表的社会法学派,其观点为法律的核心价值目标是捍卫社会合作关系。合作法哲学的启示是:人类历史就是人类在合作实践的基础上不断用新的合作秩序取代旧的合作秩序的发展过程,只有在合作之中我们才能发现理解全部人类历史的钥匙。

  18. Democratic contract law

    OpenAIRE

    Hesselink, M.W.

    2015-01-01

    This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will be that also for contract law a democratic basis is a necessary condition for legitimacy. A fully democratic basis may also be a sufficient condition for a legitimate and just contract law. However,...

  19. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  20. On Perfecting the Rating and Checking System of Law and Litigation Related Petition Cases%试论涉法涉诉信访案件评查制度的完善

    Institute of Scientific and Technical Information of China (English)

    王静; 张立纳; 王金利

    2011-01-01

    我国涉法涉诉信访案件频发的原因是多样化的,而我国涉法涉诉信访案件的评查制度尚没有完全建立。坚持实事求是、依法评查并严格遵守法律程序的评查原则,建立涉法涉诉信访案件评查网络信息管理系统,明确评查主体和评查任务,实现评查机制的灵活多样和评查过程的公开透明.建立一评终局的评查终局制度方能缓解我国涉法涉诉信访案件当前的混乱状态。%The law and litigation related petition case frequently occur for a variety of reasons. China has not fully established rating and checking system of law and litigation related petition cases. To alleviate current confusion of law and litigation related c

  1. Measuring Virtual Student-Student Cooperation: A Case Study on the Evaluation of Cooperative Learning in a Virtual Distributed Computer and Law Course

    Science.gov (United States)

    Nett, Bernhard

    2005-01-01

    This article demonstrates the evaluation of a German Computer and Law (C&L) seminar, which has been conducted in an experimental, distributed manner with five institutes co-operating. The evaluation was dedicated to the question, in which way the course supported cooperative learning among the students of the different participating…

  2. Obtaining Laws through Quantifying Experiments: Justifications of Pre-Service Physics Teachers in the Case of Electric Current, Voltage and Resistance

    Science.gov (United States)

    Mäntylä, Terhi; Hämäläinen, Ari

    2015-01-01

    The language of physics is mathematics, and physics ideas, laws and models describing phenomena are usually represented in mathematical form. Therefore, an understanding of how to navigate between phenomena and the models representing them in mathematical form is important for a physics teacher so that the teacher can make physics understandable…

  3. Scales of Political Action and Social Movements in Education: The Case of the Brazilian Black Movement and Law 10.639

    Science.gov (United States)

    dos Santos, Renato Emerson Nascimento; Soeterik, Inti Maya

    2016-01-01

    This paper examines social coordination by the Brazilian Black Movement in the area of Brazilian education. It explains how these developments relate to the construction of race-based public education policies in the country. Focus goes to the process of creation and implementation of law 10.639 in Brazilian Basic education. Using the concept…

  4. [The case for a new French public health law at the service of a fairer and more effective national health policy].

    Science.gov (United States)

    Cambon, Linda; Alla, François; Lombrail, Pierre

    2012-01-01

    The next public health law in France will need to address a number of issues. A?series of recent reports have highlighted both sharp disparities in health status ? with high rates of premature death and increasing social inequalities in health ? and the need to organize public health. The incoherence of public health policies, the lack of inter-ministerial coordination (a prerequisite for the reduction of health inequalities) and the lack of structure and evaluation in the area of prevention are major weaknesses that the new public health law will need to address. Beyond the inevitable core measures, the new law will also need to promote deep structural reforms, including a unified national policy refocused on key priorities and incorporating non-health sectors, the development of a more effective and coherent prevention policy and, finally, a focus on the issue of inequalities requiring clearly defined integrated measures, not only as a stated principle but as an outcome to be achieved by all health policies. The next public health law will need to be a vehicle for an inevitable and long overdue structuring of public health policy.

  5. Intimacy, Confidentiality, and Power: Kiss and Tell as a Feminist Critique of Privacy Law

    Directory of Open Access Journals (Sweden)

    Naomh Gibson

    2015-12-01

    Full Text Available The current principle of privacy and its enactment in law and policy is presented as a reified, universal value that is gender-neutral. However this article contends this presumption, and advances that privacy is an inconsistent area of law that has allowed for the oppression of women’s rights and interests. It will be proposed that the narrative of ‘kiss and tell’ stories offers access to substantive justice and equality by subverting legal and gender norms and deconstructing the concept of privacy. Using the tools of feminist legal theory and theoretical commentary, this argument forms four sections. Firstly, it will be introduced that privacy is a value which is nebulous at best, and the reasons for critiquing privacy law using a perspective from feminist legal theory will be explored. Following this, the injustices perpetrated against women by the current state of privacy law will be outlined – particularly in the area of sexual information and sexuality. Using examples from both the UK and American jurisdictions, it will be submitted that privacy law is mired in patriarchal values. Thirdly, the jurisprudence underpinning privacy law decisions on sexual relationships and the legal concepts of confidence and intimacy will be critically examined and deconstructed. Finally, drawing upon investigative research, anecdotal evidence, and critical analysis, it will be submitted that ‘kiss and tell’ narratives are the way forward to reconceptualise privacy. It will be recommended that kiss and tell stories have value in social communication and present a chance for women to engage in relevant public discourse, and more widely, gives law an opportunity to reach a new understanding of privacy appropriate in the modern age.

  6. RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW.

    Science.gov (United States)

    Scott, Rosamund

    2016-01-01

    Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly 'liberal'. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach.

  7. European Union competition law, intellectual property law and standardization

    NARCIS (Netherlands)

    Geradin, Damien; Contreras, Jorge L.

    2016-01-01

    This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts by

  8. Human Trafficking in Indonesia: Law Enforcement Problems

    Directory of Open Access Journals (Sweden)

    Nathalina Naibaho

    2011-01-01

    Full Text Available Human trafficking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low attempt of law enforcement towards legal case on this case, among others are: Lack of the Government’s commitment to fight against the crime of human trafficking, in the event that the ineffectiveness in utilization of prevailing laws and regulation; Lack of capacity of professionalism of law enforcement agency (and relevant parties in handling women and child trafficking at the field. This may be caused by lack of knowledge on infringed regulation. For that matter, those law enforcement agency shall be given socialization and an SOP (standardized operational procedure, so that there will be no inconsistency in handling the existing cases.

  9. Environmental Protection as an Obstacle to Free Movement of Goods: Realist Jurisprudence in Articles 28 and 30 of the e.c. Treaty

    Directory of Open Access Journals (Sweden)

    Eric Engle

    2008-12-01

    Full Text Available Free trade and environmental protection are two norms that sometimes collide. The resolution of colliding norms can occur either using a formalist “descriptive” analysis, or using a “prescriptive” approach of legal realism. It may seem intuitive to imagine realism and formalism as mutually exclusive. However, this dualism is not entirely accurate. The realist-formalist dualism is unsatisfying because legal realism critiques the capricious nature of formalism only to replace it with likewise capricious methods of legal decision-making. Further, courts sometimes act as realists and at other times as formalists. Finally, many methods of legal interpretation may be considered either “formalist” or “realist.” This paper examines the conflict between free trade and environmental protection in E.C. law. It uses Articles 28 and 30 of the E.C. Treaty as a foil with which to draw out the distinctions and limits of both realism and formalism. A formal analysis of Articles 28 and 30 of the E.C. Treaty reveals a series of cases that struggle first to define waste as wares and then to determine the limitations that the free movement of goods imposes on environmental standards and vice versa. However, this unsatisfying formal analysis is not the only possible interpretation of the case law arising out of Articles 28 and 30. An analysis based on legal realism is also possible but not entirely satisfying. This paper concludes that the realist-formalist dualism, though tenable, does not solve the problem of capricious legal power.

  10. Tax Credit Scholarship Programs and the Law

    Science.gov (United States)

    Sutton, Lenford C.; Spearman, Patrick Thomas

    2014-01-01

    After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the…

  11. Tax Credit Scholarship Programs and the Law

    Science.gov (United States)

    Sutton, Lenford C.; Spearman, Patrick Thomas

    2014-01-01

    After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the state's…

  12. Reform of Case Study Teaching of Labor Law for Human Resources Management Major%人力资源管理专业劳动法案例教学理念的改革

    Institute of Scientific and Technical Information of China (English)

    孔令仙; 刘艳

    2013-01-01

    案例教学法以其独特的优势在劳动法课程中获得了广泛的应用,给教学注入了活力、增添了趣味。受传统教学理念的影响,案例教学模式单一、教学效果不理想。试以人力资源管理专业劳动法案例教学现状为背景,对现行的案例教学理念进行分析,提出符合时代要求的案例教学理念,以期培养出社会需要的人力资源管理人才。%Case study teaching , with its unique advantages , obtained widespread application in the labor law course and injec-ted vitality into the teaching .Considering the case study teaching of labor law course , the paper analyzed the current concept of case study teaching and proposed some new ideas of case study teaching in order to meet the needs of social development of human resources management .

  13. The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

    Directory of Open Access Journals (Sweden)

    Gerrit Ferreira

    2014-11-01

    Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

  14. Hyperbolic conservation laws and numerical methods

    Science.gov (United States)

    Leveque, Randall J.

    1990-01-01

    The mathematical structure of hyperbolic systems and the scalar equation case of conservation laws are discussed. Linear, nonlinear systems and the Riemann problem for the Euler equations are also studied. The numerical methods for conservation laws are presented in a nonstandard manner which leads to large time steps generalizations and computations on irregular grids. The solution of conservation laws with stiff source terms is examined.

  15. Is law science?

    Directory of Open Access Journals (Sweden)

    Rolien MC Roos

    2014-11-01

    Full Text Available The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, distinguish between legal practice and legal science, but the basis of the distinction is not clear. However, an entire body of literature in the philosophy of science has developed around the question of when a discipline will amount to science. Various demarcation criteria proposed in the philosophy of science are considered. These include that science uses the scientific method, is susceptible to falsification, is puzzle-solving within a paradigm or renders beneficial results. None of these criteria offers a satisfactory solution to the problem. The proposition by a group of philosophers including Herman Dooyeweerd, Marinus Stafleu and DFM Strauss, that the answer to the demarcation question is to be found in modal abstraction, is then considered. Modal abstraction amounts to a consideration of reality (persons, things, theories and rules from one or more defined point(s of entry. It is an artificial and learnt manner of thinking as it approaches reality from the perspective of one of the modalities of being. For example, juridical abstraction would mean that a cow is considered as the object of someone's proprietary rights. An abstract idea of the cow's characteristics, from a juridical point of view, is formed and the rules of property law are applied. A number of South African legal philosophers, amongst others Van Zyl, Van der Vyver and LM du Plessis, have followed this approach. The South African legislature has also attempted to define the terms "science" and "research", mainly for funding purposes. These definitions are considered and the conclusion is that they do not provide the clear-cut answers one would expect

  16. Law and the Student Press.

    Science.gov (United States)

    Stevens, George E.; Webster, John B.

    Court cases and legal decisions involving the student press in the late 1960s and early 1970s are brought together in this book in order to show how the law has been applied to school officials and student journalists in high school, college, and the underground. The ten chapters cover the following topics: censorship, libel, obscenity, contempt,…

  17. A Venture in Constitutional Law.

    Science.gov (United States)

    Cole, W. Graham; Dillon, Dorothy H.

    1980-01-01

    Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

  18. Village Soft Law and Soft Law Governance---Based on the Case Study of Village W in Jinhua,Zhejiang Province%农村软法与软法治理--基于对浙江省金华市W村的个案调查

    Institute of Scientific and Technical Information of China (English)

    王德强; 周豪

    2014-01-01

    软法治理已成为社会公共治理的重要路径。在社会转型时期,为能全面反映公民的多元诉求,需要广泛的民众参与以及互动的平等协商。基于对浙江省金华市 W 村的个案研究,结合对农村软法实施授权的阐释、农村软法资源和软法治理面临问题的现状分析,考量了村规民约、社会团体章程、村“两委”制度和党政机关文件等四大类的农村软法的治理实践。软法治理,弥补了硬法的不足,规范了农村社会治理体系,提升了公民的民主参与意识,更有效地推动了村民自治和农村法治化的进程。%Soft law governance has become an important path of social public governance.In the pe-riod of social transformation,in order to fully reflect the multiple demands,citizens need extensive public participation and equal consultation.Based on the study case of Village W in Jinhua,Zhejiang province, this paper illustrates the implementation of soft law in rural areas,analyses the village soft law resources and problems for soft law governance,examines the practical situation of the village regulations,articles of association in social organizations,village “two committees”system and the documents issued by the party and government.Soft law governance complements the deficiency of the hard law,regulates the ru-ral social governance system,improves citizens’awareness of democratic participation,and effectively promotes the autonomy of villagers and rural legalization process.

  19. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  20. On Boolean Stable Laws

    CERN Document Server

    Arizmendi, Octavio

    2012-01-01

    We determine which Boolean stable law is freely infinitely divisible and which is not. Some positive Boolean stable laws and a mixture of them have completely monotonic densities and they are both freely and classically infinitely divisible. Freely infinitely divisible Boolean stable laws and the corresponding free stable laws are non trivial examples whose free divisibility indicators are infinity.

  1. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...... of empowerment and legal capability, coupled with an analysis of how this theory is supported by international and national law. The third and final part contains an analysis of cases from both the Danish Parliamentary Ombudsman and the Danish Equality Board (Ligebehandlingsnævnet), applying a model of analysis...

  2. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  3. Environmental protection and international law: the case of nuclear energy; La protection de l'environnement et le droit international: cas de l'energie nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    Dagicour, F

    2002-03-15

    Given the very hazardous nature of its activity, the nuclear industry has often been considered to be without a future. Concerns over climate change and increasing international energy needs have, however, shone a new light on the positive aspects of nuclear energy. As the only clean, stable and inexpensive energy source, available, nuclear energy promises a constant supply of electricity while protecting the atmosphere. This new relationship between the environment and nuclear energy calls for an analysis of the international regulation of the risks posed by nuclear energy production. Since the beginning of the nuclear age, the long term, unknown, and large geographic scope of the risks and effects of this activity have led to the adoption of a set of normative rules outside of the scope of international environmental law. The norms that now regulate this new, ultra-hazardous activity resulted in a set of rules aimed at protecting the environment in the face of high risk activities that now form the heart of international environmental law. Unwilling relinquish national sovereignty, States adopted a system of non-binding regulation to protect the environment and promote the nuclear industry. The Chernobyl accident later pointed to the weakness of this approach. Despite this weakness, the adoption of a soft law approach has led to progress in environmental protection in an area where States have been loathe to give up their sovereignty. (author)

  4. Is There Any Evidence on the Existence of an Environmental Taxation Kuznets Curve? The Case of European Countries under Their Rule of Law Enforcement

    Directory of Open Access Journals (Sweden)

    Concetta Castiglione

    2014-10-01

    Full Text Available The paper gives new insights into the environmental taxation policy, demonstrating the existence of an inverse U-shaped relationship between environmental taxation and income in European countries. Our findings reveal this relationship to be influenced by enforcement of the rule of law, which contributes to shifting the turning point on the curve to lower income levels. We show that former transition economies have not reached the turning point due to weak institutions. To achieve the goal of sustainable development, the European Environment Agency’s Environmental Taxation Reform, proposing to shift taxation from “goods” to “bads”, should be accompanied by effective enforcement or the rule of law. The heterogeneity found between market-based and former transition European countries demonstrates the existence of problems at the EU-level in the coordination of environmental policies and enforcing the rule of law. In addition, the analysis of the determinants of environmental taxation points to the importance of factors related to consumption and production, governance, environmental quality, oil price shocks and the shift of environmental policy in European countries.

  5. Law System in Japan

    OpenAIRE

    Andreea Lorena Ponaru

    2007-01-01

    This article attempts to present and explain the main features of the japanese law system. Japanese Law system was reformed during the domination of Tokugawa shogun family. In 1870, Foreign Governmental Systems Study Office was founded. By judicial sentences many french laws were introduced in Japanese law system. Roma-Tokyo-Berlin Alliance (1936) introduced a strong German influence in the law system. The Japanese judicial system has known five periods. In the first (1869-1888) were introduc...

  6. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  7. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China’s draft Energy Law is now under consideration China’s draft Energy Law has been submitted to the State Council’s Legislative Affairs Office and will be considered at this year’s executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People’s Congress (NPC), China’s supreme law-making body, will vote on it.

  8. 中国特色社会主义宪法学的哲学基础及其方法论特色%On the Philosophy Basis and Methodology Features of Socialism Constitutional Jurisprudence with Chinese Characteristics

    Institute of Scientific and Technical Information of China (English)

    任喜荣

    2012-01-01

    The socialism Constitutional jurisprudence with Chinese characteristics refers to both the Con- stitutional jurisprudence formed in the unique period and background since China' s reform and opening - up, and the Constitutional jurisprudence study under the guideline of the socialism theoretical system with Chinese characteristics. The theories on national power origin and national power relations guided by Marxism consti- tute the core of the Socialism Constitutional jurisprudence system with Chinese characteristics. Based on this core theory, other major theories are established such as natures of nation, forms of nation, citizens' basic rights and obligations, and operation of the Constitution. The knowledge system of China' s Constitutional ju- risprudence is grounded on the Marxism philosophy. The worldview and methodology of Dialectical Materialism and Historical Materialism have deep impacts on the Constitutional jurisprudence' s dimensional system, theory content, methodology orientation and theoretical thinking patterns of scholars. The prosper of Constitutional ju- risprudence in social science and preliminary development of Constitutional interpretation indicate the mdthod- ology features of the socialism Constitutional jurisprudence system with Chinese characteristics.%中国特色社会主义宪法学既指改革开放以来产生于中国独特时空背景下的宪法学,同时也指在中国特色社会主义理论体系指导下所进行的宪法学研究。以马克思主义为指导的国家权力来源理论和国家权力关系理论是中国社会主义宪法学理论体系的核心。围绕这一理论核心形成了国家性质与国家形式理论、公民基本权利与义务理论以及宪法运行理论等主干理论。中国宪法学知识体系展开的哲学基础是马克思主义哲学,其历史唯物主义与辩证唯物主义世界观和方法论深刻影响了宪法学的范畴体系、理论容量、方法论取向和学者

  9. Power laws, Pareto distributions and Zipf's law

    OpenAIRE

    Newman, M E J

    2004-01-01

    When the probability of measuring a particular value of some quantity varies inversely as a power of that value, the quantity is said to follow a power law, also known variously as Zipf's law or the Pareto distribution. Power laws appear widely in physics, biology, earth and planetary sciences, economics and finance, computer science, demography and the social sciences. For instance, the distributions of the sizes of cities, earthquakes, solar flares, moon craters, wars and people's personal ...

  10. Using Proactive Law for Competitive Advantage

    Directory of Open Access Journals (Sweden)

    Helena Haapio

    2016-12-01

    Full Text Available This article analyzes the role of law as a positive force within companies through parallel developments in Europe and the United States and a Colombian case study that illustrates how contract simplification and visualization can help bring user-friendly contracts and Proactive Law to practice.

  11. Youth and the Law. First Edition 1973.

    Science.gov (United States)

    Educational Research Council of America, Cleveland, OH. Social Science Program.

    This student book for the nine week, junior high course "Youth and the Law" addresses juvenile delinquency. The content is organized by chapters dealing with growing up, juvenile crime, causes of delinquency laws, vandalism and shoplifting, and four case studies in delinquency. The students are asked to consider what adolescence is and how it…

  12. An Empirical Examination of Lotka's Law.

    Science.gov (United States)

    Pao, Miranda Lee

    1986-01-01

    Findings of empirical examination of author productivity data to determine conformity to Lotka's law indicate that: most data didn't fit inverse square function; two constants in Lotka's formulation (slope n, constant c) must be derived from observed distribution; inverse square law was special case of inverse exponential relationship. (37…

  13. A New Perspective on Teaching Constitutional Law

    Science.gov (United States)

    Rosenblum, Robert

    1977-01-01

    The author suggests that a major failure of most law schools and traditional undergraduate constitutional law courses is that they omit an adequate analysis of the political nature of the judicial process. Political influences on a variety of court cases are discussed. (LBH)

  14. RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CONTINUUM THEORIES (Ⅳ)--SURFACE COUSERVATION LAWS

    Institute of Scientific and Technical Information of China (English)

    戴天民

    2003-01-01

    The purpose is to reestablish rather complete surface conservation laws for micropolar thermomechanical continua from the translation and the rotation invariances of the general balance law. The generalized energy-momentum and energy-moment of momentum tensors are presented. The concrete forms of surface conservation laws for micropolar thermomechanical continua are derived. The existing related results are naturally derived as special cases from the results proposed in this paper. The incomplete degrees of the existing surface conservation laws are clearly seen from the process of the deduction.The surface conservation laws for nonlocal micropolar thermomechanical continua may be easily obtained via localization.

  15. International Private Law and Communitarian Law

    Directory of Open Access Journals (Sweden)

    Abelardo Posso Serrano

    2013-01-01

    Full Text Available Private international law is justified at a time when the legal systems of nation states seeking a way to extend their areas and competencies. This desire led to the conflict between national laws, which grew smaller as did the novel concept of "international community", but did not suppress national relativism. A new law began to settle, then, with the progress of the integration process. Community laws have mechanisms to be applied, even when states would try to ignore them or to fulfill a relative way.

  16. Le droit social a l’eau et le droit á l’alimentation dans la jurisprudence de la Cour Constitutionnelle Colombienne

    Directory of Open Access Journals (Sweden)

    German Alfonso López Daza

    2015-05-01

    Full Text Available Les aliments et l’eau constituent des éléments indispensables pour toute forme de vie. Au XXI siècle, les aliments et l’eau sont le centre d’attention de la communauté internationale, principalement par l’augmentation de la population humaine et le développement de plusieurs pays, lesquels nécessitent plus nourriture et de l’eau pour la vie des personnes. L’épuisement progressif des ressources naturelles dans les pays développés a été la cible de la grande richesse des pays en développement comme la Colombie. Les sources massives d’achat fertiles des terres et de l’eau par entreprises multinationales ont suscité de nombreux débats et la protection du patrimoine à travers ces réglementations pour permettre aux pays les plus pauvres d’assurer leur survie. Dans ce contexte, il est nécessaire de fonder le droit à la sécurité alimentaire et l’accès à l’eau comme droits fondamental collectif en Colombie, ce qui aboutirait à une possibilité de règles juridiques limitant la vente des richesses naturelles à l’étranger. Aussi, le rôle de la Cour Constitutionnelle colombienne a été très important, compte tenu sa jurisprudence protectrice des droits sociaux à l’eau et à l’alimentation.

  17. A Practical Analysis of Analogical Reasoning in the Process of Case Law Application%类比推理在英美判例法适用中的实践分析

    Institute of Scientific and Technical Information of China (English)

    江慎祥

    2011-01-01

    类比推理是英美判例法适用的最重要的方法,也是其通常意义上区别于大陆成文法适用的重要方面。英美法判例的适用是一个融合了各种不同形式推理的过程,而学者们大都语焉不详的在该问题上以"遵循先例原则"草草带过,具体的判例法怎样以一种类比的方法进行适用则仍然让人感觉形影绰绰。%Analogical reasoning is the most important method in the process of Anglo-American case lawapplication. And generally speaking,this kind of method also has unique characteristics when compared with the civil law system.The application of case law is a blend of various forms of reasoning process,but most of the scholars did not give us a clear statement on this issue.Howthe analogical reasoning used in the specific case lawis still unclear.

  18. Legal Thinking on the Case of the Letters or Petition Related with Law and Litigation%涉法涉诉信访案件处置的法律思考

    Institute of Scientific and Technical Information of China (English)

    林玫瑰

    2011-01-01

    如何在法律框架内妥善解决涉法涉诉信访问题,确保社会公正,维护法律权威,是当今亟待解决的课题。文章从法律的角度,分析了当前涉法涉诉信访案件增多的原因,探讨我国目前涉法涉诉信访案件处置机制存在的缺失,并结合实际重点提出了有效处置涉法涉诉信访案件的原则与现实路径。%The urgent issue needed to resolve is to properly resolve letters or petition related with law and litigation, ensure social justice and maintain the legal authority. This paper analyses the reason of the increased case from the legal point of view, discusses the mechanisms loss of the case and combined with the practical focus, puts forwards the principle and countermeasure to solve the the case of letters or petition related with law and litigation.

  19. 徒"法"不足以自行——从"张学英诉蒋伦芳遗赠纠纷案"看我国继承法、婚姻法相关制度的完善%Law Needs a Perfect Rule——From the Case of"Zhang Xueying vs. Jiang Lunfang";Noting the Improvements to Systems Related to China's Succession Law and Marriage Law

    Institute of Scientific and Technical Information of China (English)

    杨晋玲

    2015-01-01

    The article starts with a case that occurred years ago and articulates that our nation's Succession Law and Marriage Law, due to their excessive principle-orientation and thus lack of applicability, as well as the absence of relevant regulations, compel legal professionals to judge such category of cases with basic principles such as public order and fair customs doctrine. The differences of opinions on relevant issues between academics and practitioners of law often expose the court's judgments to challenges from various sides and forces undue burdens onto the court. Besides, public order and fair customs doctrine is a remarkably futile and extremely abstract concept, its essence changes with time, and thus results in the bipolar tendency of its application and effects. In order to cope with the stability of law, legal theory and practice mainly resolve the issue with either categorization or value complement. However, both solutions have imperfections in term of applicability: the approach of categorization necessitates long-term accumulation and summary of cases, while the approach of value complement suffers from excess of subjectivity and, in the context of the recent establishment of our nation's case-directive system and the excessive influence of the judge's quality and related factors onto legal practice, too much discretion of the judge is very likely to engender judiciary unfairness. Nothing could address this issue better than enhancing relevant legal systems and making it realistically possible for the judge to pass judgments in compliance with the law.%我国继承法与婚姻法由于立法规定过于原则而缺乏可操作性,加之相关规定的缺乏,使司法实务在遇到一些类型的纠纷时,只能依据公序良俗这类基本原则来判案.因理论界与实务界对相关问题认识的差异,导致法院判决经常受到各方质疑,法院承受了不应承受的重负. 而公序良俗原则尚属于一个相当不确定及高度

  20. On the quality of regulating impact of labor law in Russia

    Directory of Open Access Journals (Sweden)

    Yuliya O. Almayeva

    2015-12-01

    Full Text Available Objective to prove that the development of the legislation quality theory in labor law is of great practical importance. Methods the methodological basis of research is universal dialectic method of cognition as well as other general theoretical methods. Taking into account the impossibility to research and solve problems through the use of exclusively legal matter the specific scientific methods were also widely used formallogical comparativelegal etc. Results basing on the analysis of scientific works on the topic it is concluded that the integral characteristics of the labour standards quality requires consideration of not only legal but also social political and moral points of view. With this approach it is logical to allocate not only legal but also sociopolitical and moral quality of the labour law. It is recognized that the existing theoretical legal works on the problem of labor laws quality do not allow to speak about creation of the quality concept development of the research methodology of labour quality standards. It is concluded that the quality of the regulatory impact of labour legislation in Russia is not always at the proper level. Moreover among the main reasons for the imperfection of the normative base regulating sociallabour relations it is necessary to allocate objective and subjective reasons and their quotsymbiosisquot. Scientific novelty it was found that the definition of the quality of the law regulating sociolabour relations should have an indication of properties of their components the content of legal norms which allow to establish whether a particular law is a quality one. Practical significance the theoretical principles formulated in the article can be used in scientific legislative and law enforcement activity educational process of higher vocational education institutions of the legal profile to improve the skills of practitioners and scientificpedagogical staff in the field of jurisprudence. nbsp

  1. DEVELOPMENT OF LAW RELATING TO FACTORIES IN INDIA

    Directory of Open Access Journals (Sweden)

    M. K. Sahu

    2015-01-01

    Full Text Available The rapid growth of industrial town and factories has paved the way to develop our industrial legislation accordingly. The Government of India never expressed their interest in framing separate legislation vis-à-vis factories which resulted in implementation of the same statute which was enacted pre-independence. It was done by virtue of Art. 372 of the Constitution of India. However, the Constitutional Lawmakers created vacuum for the implementation of new statute in accordance with the demand of society by inserting scope under the Directive Principles of State Policies. However, in the 67 years history of Indian Republic, there are unprecedented developments of law relating to factories in India.The Government of India, with the adoption of existed statute, made an effort to incorporate the welfare legislation but it never developed along with the change in time. It is to be noticed that as far as existing statutes are concerned, the development is an effect of judicial pronouncement or some tragic incident like Bhopal Gas Tragedy. This paper succinctly describes the history of factory legislation, the constitutional validity of the previous statute and necessary amendment which have already been done and / or on the verge of being amended. It will further discuss contribution of judiciary in developing the law relating to factories, scope of industrial jurisprudence in promoting the development of factory legislation. The primary focus of the research project is to reflect upon the areas where factory legislation has developed, so that proper yardstick could be made in order to put emphasis on those areas which have been remained untouched.

  2. Do método do caso ao case: a trajetória de uma ferramenta pedagógica Case method and case study: an epistemological approach

    Directory of Open Access Journals (Sweden)

    Maria Arlinda de Assis Menezes

    2009-04-01

    Full Text Available O presente trabalho procura distinguir os conceitos acerca do método de estudo de casos e o método do caso dentro das Ciências Sociais e suas aplicabilidades, assim como diferenciar o modo empírico/indutivo e o teórico/dedutivo de pensar, sendo apresentado no trabalho como característicos de americanos e alemães respectivamente, fatores que diferenciam o ensino nos dois países. Para tanto, realiza uma descrição sobre o momento do surgimento do método do caso na escola de Direito em Harvard, destacando a conjuntura social, econômica e cultural que possibilitaram a criação desse instrumento pedagógico e, concomitantemente, apresenta o estudo de caso que, como proposto por Yin, cuja obra referenciou o trabalho em questão, se configura em um dos mais utilizados métodos nos estudos científicos, rompendo com o credo de que é um método fácil de ser aplicado, antes, exige do pesquisador dedicação e rigor científico, além de uma elaboração do problema de maneira a não torná-lo óbvio, um simples relato de experiência. Já o método de casos, criado por Christopher Columbus Langdell, não busca a pesquisa empírica como resposta a um determinado problema, antes, é uma ferramenta pedagógica utilizada na formação de advogados, juristas e administradores de empresas em que a teoria é um subsídio à análise de jurisprudências e experiências em administração, não apenas o objetivo puro e simples da academia.The present work seeks to draw a distinction between the concepts of Case Method and Case Study within the Social Sciences and their applicability, as well as to differentiate the empirical/inductive and theoretical/deductive modes of thinking, which are presented here as respectively characteristic of Americans and Germans, and as factors that distinguish the education in those two countries. To such end, the text describes the moment when the Case Method appeared in the Harvard Law School, emphasizing the social

  3. The Crime of Rape under the Rome Statute of the ICC (with a special emphasis on the jurisprudence of the Ad Hoc Criminal Tribunals

    Directory of Open Access Journals (Sweden)

    Nicole Brigitte Maier

    2011-05-01

    Full Text Available

    This article delivers insight into the purposes and intentions of committing rape within wartimes, its victims, its perpetrators, and, finally, under which circumstances the crime of rape is punishable as a crime against humanity.

    In the first part a definition on crime of rape is given, in this regard relevant literature and case law of both the Yugoslavia Tribunal and the Tribunal of Rwanda will be referred to. On the topics of victims, perpetrators and purposes related literature in the field of psychology, criminology and medical science will be taken into consideration. The discussion on the link between rape and the crime against humanity will focus on relevant cases, judgments and reports, largely of the ICC, the ICTY and the ICTR.

  4. A Logical Model of Private International Law

    Science.gov (United States)

    Dung, Phan Minh; Sartor, Giovanni

    We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that this model may be useful for understanding this rather esoteric, but increasingly important, domain of the law. Moreover, it might be useful for modelling the way in which interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, can be governed without recourse to a central regulatory agency.

  5. Jurisprudence. Repositioning of cables and pipes. Who decides and who pays?; Jurisprudentie. Kabels en leidingen verleggen. Wie bepaalt en betaalt?

    Energy Technology Data Exchange (ETDEWEB)

    Roggenkamp, M. [Brinkhof Advocaten, Amsterdam (Netherlands)

    2011-09-15

    Underground cables and pipes sometimes need to be repositioned to make room for buildings. Can any exploiter of pipes be obliged to do this. And if this is the case, who should pay for it? Every year these questions are causing new disputes. [Dutch] Ondergrondse kabels en leidingen moeten soms worden verlegd om plaats te maken voor bebouwing. Kan een leidingexploitant hiertoe verplicht worden? En zo ja, wie moet dat betalen? Hierover ontstaan jaarlijks geschillen.

  6. A "Bioethics" Approach to Teaching Health Law.

    Science.gov (United States)

    Capron, Alexander Morgan

    1988-01-01

    The reasons for offering a course in bioethics to law students and some approaches to take in addressing controversial issues are examined. The use of hypothetical vs. real cases, emphasis on clinical problems, and overall course objectives are discussed. (MSE)

  7. Corruption and legal certainty; the case of Albania and the Netherlands Implementation of the Criminal Law Convention on Corruption in a transitional and consolidated democracy

    Directory of Open Access Journals (Sweden)

    Idlir Peçi

    2010-01-01

    Full Text Available A discrepancy in corruption levels may be observed between Western European states and the post-communist states of Central and (South Eastern Europe. In order to find out whether this discrepancy corresponds with a discrepancy in legal provisions, we embarked upon a comparative exercise aimed at exploring the implementation of the Criminal Law Convention on Corruption in a consolidated Western European democracy (the Netherlands and a young South Eastern European democracy (Albania. Obviously, compliance with international conventions is highly important for addressing the worldwide and cross-border nature of corruption. Our paper focuses on the clarity and accessibility of the substantive criminal legislation concerning corruption from the point of view of legal certainty. We successively discuss the Criminal Law Convention on Corruption, the Albanian provisions on the passive bribery of public officials and the Dutch provisions on the passive bribery of public officials. It is concluded that a generally good legal framework seems to be in place in both countries and that the anti-corruption legislation is on the whole in line with the requirements of the Convention. Some problems may be observed in relation to legal certainty. However, it seems that the discrepancies in the legislation and the problems with legal certainty are relatively minor and therefore can hardly clarify the discrepancy in corruption levels.

  8. Effect of Imprisonment on Prisoners in the Light of Gabriel Tarde's Three Laws (Case Study: Prison of Qom, Arak and Karaj Cities

    Directory of Open Access Journals (Sweden)

    Sara Nikbakht

    2013-07-01

    Full Text Available This study was conducted with the aim to investigate the effect of imprisonment on the prisoners in the light of Gabriel Tarde's Three Laws in the prisons of Qom, Arak and Karaj cities in 2012. Statistical population of survey was consisted of prisoners in three cities of Arak, Qom and Karaj and in this regard 121 individuals were considered as the sample size by using the random sampling; among these individuals, 20 individuals were selected from prisoners in Qom, 33 from Arak and 68 from Karaj. Data collection was based on the questionnaire. Reliability of questionnaire was obtained 0.89 by using Cronbach's alpha method for 22-question researcher-made questionnaire with five-point Likert scale; moreover the content validity was used in order to test the validity of questionnaire and for this propose the questionnaire was approved by relevant experts. Analysis of data, obtained from implementing the questionnaire, was done through the software Spss in both descriptive section (frequency, percentage frequency, mean, standard deviation and inferential section (Single-sample T-test and chi-square test. Results of research indicated that the Gabriel Tarde's laws have been effective in the field of adverse effects of imprisonment on the prisoners. Moreover, the results showed that the effect of imprisonment is not predictable in penal system in reducing the crime and also the outbreak of¬¬¬ crimes by the prisoners is higher.

  9. On"Retroactive Dilemma" of Case Law and Its Institutional Resolution%判例法的“溯及力困境”及其制度性克服

    Institute of Scientific and Technical Information of China (English)

    魏治勋

    2011-01-01

    "Austin Dilemma" results from the issue of legality where social norms are applied in judicial proceedings by judges, that is, how to alleviate "retroactive dilemma" by institutional operations of case law so as to achieve justice in judicial judgment. Debates on "social propositions" between Dworkin and Hart have demonstrated the importance of social propositions in case law, besides, basic principles, criteria, reasoning modes and institutions developed from common law have offered comprehensive institutional safeguards for resolution of "retroactive dilemma" and justice in judgment.%"奥斯丁困境"的起因是法官在司法过程中适用社会规范引起的合法性问题。"奥斯丁困境"的提问方式及其问题可以转化为:通过什么样的判例法上的制度性操作能够缓解"溯及力困境"并达成司法判决的公正性。德沃金和哈特关于"社会规则理论"的争论使我们认识到社会命题在决定判例法规则方面的重要性,而普通法已经发展起来的司法基本原则、标准、推理模式和制度性原则则为"溯及力困境"及判决的公正性问题的解决提供了较为全面的制度实践上的保障。

  10. Common Occupational Disability Tests and Case Law References: An Ontario MVA perspective on interpretation and best practice methodology supporting a holistic model, Part I of III (Pre-104 IRB).

    Science.gov (United States)

    Salmon, J Douglas; Gouws, Jacques J; Bachmann, Corina Anghel

    2016-05-01

    This three-part paper presents practical holistic models of determining impairment and occupational disability with respect to common "own occupation" and "any occupation" definitions. The models consider physical, emotional and cognitive impairments in unison, and draw upon case law support for empirically based functional assessment of secondary cognitive symptoms arising from psychological conditions, including chronic pain disorders. Case law is presented, primarily in the context of Ontario motor vehicle accident legislation, to demonstrate how triers of fact have addressed occupational disability in the context of chronic pain; and interpreted the "own occupation" and "any occupation" definitions. In interpreting the definitions of "own occupation" and "any occupation", courts have considered various concepts, such as: work as an integrated whole, competitive productivity, demonstrated job performance vs. employment, work adaptation relative to impairment stability, suitable work, retraining considerations, self-employment, and remuneration/socio-economic status. The first segment of the paper reviews the above concepts largely in the context of pre-104 Income Replacement Benefit (IRB) entitlement, while the second segment focuses on post-104 IRB entitlement. In the final segment, the paper presents a critical evaluation of computerized transferable skills analysis (TSAs) in the occupational disability context. By contrast, support is offered for the notion that (neuro) psychovocational assessments and situational work assessments should play a key role in "own occupation" disability determination, even where specific vocational rehabilitation/retraining recommendations are not requested by the referral source (e.g., insurer disability examination).

  11. Administrative Law Judges

    Science.gov (United States)

    The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws.

  12. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The National People’s Congress(NPC)published China’s new draft Food Safety Law on April 20 for public discussion.The draft law covers food safety evaluation,monitoring, and recall and information release.

  13. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  14. European tax law

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC T

  15. Contract law as fairness

    NARCIS (Netherlands)

    J. Klijnsma

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is par

  16. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  17. The Laws Are Yours.

    Science.gov (United States)

    Lawyers' Wives of Wisconsin, Racine.

    The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

  18. The Challenge and Its Response to Medical Jurisprudence Teaching in Big Data Era%大数据时代对医事法学教学的挑战及其应对

    Institute of Scientific and Technical Information of China (English)

    李艳霞

    2016-01-01

    There are a lot of opportunities in medical jurisprudence teaching in Big Data era, but there are also many challenges in teaching philosophy, teaching content, teaching methods and teaching platform. Therefore, expanding medical teaching philosophy and blowing away the cobwebs in terms of teaching, updating the teaching content simultaneously, improving the teaching methods with the times and expanding the teaching platform constantly are needed in the teaching process of medical jurisprudence to respond to the shocks.%大数据时代给医事法学专业的教学带来了诸多机遇,同时亦在教学理念、教学内容以及教学方式和教学平台方面带来了许多挑战. 应对冲击,医事法学教学需要在教学理念方面除旧布新,教学内容方面同步更新,同时实现教学方式的与时俱进与教学平台的不断拓展.

  19. Minority Citizens to Participate in Legal Protection of Jurisprudence Outline%少数民族公民参与法律保障之法理学论纲

    Institute of Scientific and Technical Information of China (English)

    彭清燕

    2012-01-01

    The participation of citizens has research results quite a lot,but from the legal perspective,the participation of citizens in minority areas has little problems.In the perspective of jurisprudence,minority citizens to participate in legal protection of property,value function,power structure and the analysis of the pedigree genealogy obligations,form the according to minority citizens to participate in legal protection which makes the rights as the core and guide.At the same time,it lays the foundation jurisprudence for structure form guarantee,entity guard.%本文从法理学的角度对少数民族公民参与法律保障的属性、价值功能及权利结构谱系、义务谱系进行了分析,形成了以权利为核心以权利为导向的少数民族公民参与法律保障的根据,以期为型构少数民族公民参与法律层面的形式保障、实体保障和程序保障提供法理学基础。

  20. Flow of Power-Law Liquids in a Hele-Shaw Cell Driven by Non-Uniform Electroosmotic Slip in the Case of Strong Depletion

    Science.gov (United States)

    Boyko, Evgeniy; Bercovici, Moran; Gat, Amir

    2016-11-01

    We analyze flow of a non-Newtonian fluid in a Hele-Shaw cell, subjected to spatially non-uniform electroosmotic flow. We specifically focus on power-law fluids with wall depletion properties and derive a p-Poisson equation governing the pressure field, as well as a set of linearized equations representing its asymptotic approximation for weakly non-Newtonian behavior. To investigate the effect of non-Newtonian properties on the resulting fluidic pressure and velocity, we consider several configurations in one and two dimensions, and calculate both exact and approximate solutions. We show that the asymptotic approximation is in good agreement with exact solutions even for fluids with significant non-Newtonian behavior. The asymptotic model thus enables prediction of the flow and pressure fields for non-Newtonian fluids, and may be particularly useful for the analysis and design of microfluidic systems involving electro-kinetic transport of such fluids.

  1. Flow of Power-Law Liquids in a Hele-Shaw Cell Driven by Non-Uniform Electroosmotic Slip in the Case of Strong Depletion

    CERN Document Server

    Boyko, Evgeniy; Gat, Amir D

    2016-01-01

    We analyze flow of non-Newtonian fluids in a Hele-Shaw cell, subjected to spatially non-uniform electroosmotic slip. Motivated by their potential use for increasing the characteristic pressure fields, we specifically focus on power-law fluids with wall depletion properties. We derive a p-Poisson equation governing the pressure field, as well as a set of linearized equations representing its asymptotic approximation for weakly non-Newtonian behavior. To investigate the effect of non-Newtonian properties on the resulting fluidic pressure and velocity, we consider several configurations in one- and two-dimensions, and calculate both exact and approximate solutions. We show that the asymptotic approximation is in good agreement with exact solutions even for fluids with significant non-Newtonian behavior, allowing its use in the analysis and design of microfluidic systems involving electro-kinetic transport of such fluids.

  2. The interplay of public health law and industry self-regulation: the case of sugar-sweetened beverage sales in schools.

    Science.gov (United States)

    Mello, Michelle M; Pomeranz, Jennifer; Moran, Patricia

    2008-04-01

    It is increasingly recognized that sugar-sweetened beverage consumption contributes to childhood obesity. Most states have adopted laws that regulate the availability of sugar-sweetened beverages in school settings. However, such policies have encountered resistance from consumer and parent groups, as well as the beverage industry. The beverage industry's recent adoption of voluntary guidelines, which call for the curtailment of sugar-sweetened beverage sales in schools, raises the question, Is further policy intervention in this area needed, and if so, what form should it take? We examine the interplay of public and private regulation of sugar-sweetened beverage sales in schools, by drawing on a 50-state legal and regulatory analysis and a review of industry self-regulation initiatives.

  3. 28 CFR 68.28 - Authority of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Authority of Administrative Law Judge. 68... PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF... Authority of Administrative Law Judge. (a) General powers. In any proceeding under this part,...

  4. 20 CFR 410.634 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative Law Judge. 410.634 Section 410... Review, Finality of Decisions, and Representation of Parties § 410.634 Administrative Law Judge. The... appropriate case, the Deputy Commissioner may designate another Administrative Law Judge or a member...

  5. Path dependence of truss-like mixed mode cohesive laws

    DEFF Research Database (Denmark)

    Goutianos, Stergios; Sørensen, Bent F.

    2012-01-01

    A general theoretical analysis is presented to prove that, under mixed mode fracture, truss-like mixed mode cohesive laws (cohesive laws that are coupled in a special manner such that the traction vector follows the separation/opening vector) are path independent only in the limited case where th...... and numerically that these cohesive laws are path dependent....

  6. Integrating Interdisciplinary Perspectives into Traditional Environmental Law Courses.

    Science.gov (United States)

    Hammer, Ruby

    1999-01-01

    Examines a case study relating to the delivering of an environmental law module at Staffordshire University (England) and describes the practices that were implemented to facilitate interdisciplinarity and learning of environmental law. Concludes that the changes to the environmental law course at Staffordshire demonstrate the possibility to…

  7. The right to be forgotten – private law enforcement

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric

    2016-01-01

    Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life exa

  8. Toward a Social History of Law and Public Education.

    Science.gov (United States)

    Tyack, David

    This exploratory essay suggests the contours of a social history of law and public education. The essay departs from two traditional approaches to educational law: the study of landmark cases, and textbooks that delimit legally approved practice. Instead the changing dialectic between statutory and court-decided law is analyzed, stressing how…

  9. Twenty years of renewable energy law; 20 Jahre Recht der Erneuerbaren Energien

    Energy Technology Data Exchange (ETDEWEB)

    Mueller, Thorsten (ed.)

    2012-07-01

    The present volume was compiled as part of a project funded by the German Federal Ministry for Environment, Nature Conservation and Reactor Safety, one event under which was the seventh Wuerzburg conference on environmental energy law with the title ''Twenty Years of Renewable Energy Law'' which took place on 13/14 October 2010. It comprises 36 contributions which, from different scientific perspectives, take stock of the significance of renewable energies for climate protection and the energy supply, examine the developments of the past 20 years and draw conclusions for the future use of renewable energy. The authors are scientists from the areas of climate research, economics, political science, engineering, environmental psychology and jurisprudence who have dedicated their work to issues that directly or indirectly relate to the expansion of renewable energies. Together they have created an overall picture of renewable energies with its many different aspects and related topics, a picture that necessarily cannot be complete but which nevertheless provides many rich insights. The great majority of articles were written around the turn of the year to 2011, just after the granting of lifetime extension for German nuclear power plants. They thus only take sparse account of the diverse and for some part far-reaching changes in German energy policy that came about after the reactor disaster in Fukushima.

  10. 医疗纠纷民事诉讼案件审理适用法律现状与思考%The status and thinking on the applied laws for cognizance in trying civil cases on medical disputes

    Institute of Scientific and Technical Information of China (English)

    韩松; 刘成勇; 王焕春; 向彩良

    2008-01-01

    为维护医患双方的合法权益,结合医疗纠纷民事诉讼案件审理实际,分析了当前不同法院在审理案件事实基本相同的医疗纠纷民事诉讼案件时,因在医疗损害赔偿标准、医疗事故鉴定方式以及医疗机构赔偿责任判定等方面适用法律不一,导致判决结果出现差异的若干问题,提出应尽快确定医疗纠纷民事诉讼案件审理的法律适用、将医疗事故技术鉴定纳入司法鉴定管理系统和引进医疗过失责任强制保险制度等建议.%To protect the legal rights of both medical practitioners and patients, we analyzed different results caused by appraisal of medical disputes that were handled by different courts according the practice in cognizance in trying civil cases on medical disputes. We found that when dealing with civil cases on medical disputes that have similar facts, different courts have applied different laws in determining the standards of claims for medical damages, methods of appraisal and responsibilities of medical institutions. We propose that the applied laws for judgment of civil cases on medical disputes must be established as soon as possible, the technical appraisal of medical disputes should be introduced into the legal appraisal management system, and compulsory insurance for medical malpractice liability should be introduced.

  11. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  12. Henry's law constants of polyols

    Directory of Open Access Journals (Sweden)

    S. Compernolle

    2014-05-01

    Full Text Available Henry's law constants (HLC are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. Depending on the case, infinite dilution activity coefficients (IDACs, solid state pressures or activity coefficient ratios are obtained as intermediary results. For most compounds, these are the first values reported, while others compare favourably with literature data in most cases. Using these values and those from a previous work (Compernolle and Müller, 2014, an assessment is made on the partitioning of polyols, diacids and hydroxy acids to droplet and aqueous aerosol.

  13. Energy-Momentum and Gauge Conservation Laws

    CERN Document Server

    Giachetta, G; Sardanashvily, G

    1999-01-01

    We treat energy-momentum conservation laws as particular gauge conservation laws when generators of gauge transformations are horizontal vector fields on fibre bundles. In particular, the generators of general covariant transformations are the canonical horizontal prolongations of vector fields on a world manifold. This is the case of the energy-momentum conservation laws in gravitation theories. We find that, in main gravitational models, the corresponding energy-momentum flows reduce to the generalized Komar superpotential. We show that the superpotential form of a conserved flow is the common property of gauge conservation laws if generators of gauge transformations depend on derivatives of gauge parameters. At the same time, dependence of conserved flows on gauge parameters make gauge conservation laws form-invariant under gauge transformations.

  14. 比较法视域下我国动物资源保护刑事立法的完善%Perfecting the Criminal Law on the Protection of Animal Resources from the Perspective of Comparative Law

    Institute of Scientific and Technical Information of China (English)

    吴献萍

    2012-01-01

    对动物资源进行刑法保护,是保护生物多样性的重要手段。国外动物资源保护的刑事立法富有特色,具有一定的科学性和先进性,从比较法的视域加以研究,剖析我国动物资源保护刑事立法的不足,借鉴国外立法经验,进一步完善立法,是有效保护我国动物资源,实现生物多样性保护的有效路径。%The criminal law protection of animal resources is very important to protect biological diversity. The foreign criminal laws of animal resources protection are distinctive, and have scientific and advanced characteristics. In this paper, the defects of the criminal law protection of animal resources are analyzed from the perspective of comparative jurisprudence. In order to protect animal resources effectively to actualize the protection of biological diversity, it is necessary to learn from foreign legislation to perfect our legislation.

  15. 从中国边民缅北伐木案看缅甸的法治%The Rule of Law in Myanmar:A Case Analysis of the Chinese Border Inhabitants Trailed due to Logging in Northern Myanmar

    Institute of Scientific and Technical Information of China (English)

    付文佚

    2016-01-01

    In the early of 2015, the military of Myanmar seized over 150 Chinese border inhabitants, charged them with illegal logging and sentenced with severe punishment. A few days later, the President announced amnesty and released them. The law of Myanmar has been least researched in the Asian laws. By analysis substantial and procedural rules of Myanmar, the conclusion could be drawn that arbitrary and political influence in the trial is ob-vious. Comparing on the elements of rule of law defined by the United Nations, specifically on the transparency, judicial independence, procedure justices and human rights protection, it could be found that Myanmar is far from the rule of the law. The domestic situation is highly sophisticated in Myanmar. Local minority arms have fired with the central army in the border areas. Life and property security will be in great uncertainty if Chinese border inhab-itants cross border areas, and hard to get remedy or fair trial. The lesson of this case should be learned by Chinese border inhabitants.%2015年初缅甸政府军以非法伐木为由抓获中国公民150余人并对之处以重刑,随后通过总统令进行赦免。通过对该案所涉实体与程序法律规定和法律适用的分析,本文发现该案审理随意性大,政治因素影响痕迹明显。根据联合国对法治的界定,本文深入研究缅甸法律的透明度、司法独立、程序公正和对基本人权的保护等因素,得出的结论是缅甸远远未达到法治国家的标准。缅甸国内局势异常复杂,边境地区的多个民族地方武装与缅甸政府军长期存在冲突。我国边民如非法跨越边境地区,人身和财产安全可能处于极大的不确定性中,并难以获得法律救济或公正司法,边民应以此案为鉴。

  16. On the Utilitarian and Impartial Nature of the Law of Voluntary Surrender under Arrest by A'yun Case%从阿云案谈宋朝按问自首法的功利性与公正性

    Institute of Scientific and Technical Information of China (English)

    彭乾

    2011-01-01

    People in Song Dynasty carried on the law of Tang Dynasty, they properly broadened the terms of voluntary surrender, and set further detailed regulations of the Law of Voluntary Surrender under Arrest. This demonstrated the tendency that the utilitarianism of law had gradually influenced the legislation of confession to justice, which has been manifested by the controversies over A' yun Case in Shenzong's age of Earlier Song Dynasty, and the legislative changes in the system of voluntary surrender. Therefore, as is the same with the other countries, ancient China was experiencing the process from absolute surrender to relative surrender. In this process, the basic reason why the utilitarianism and impartiality of law are going to merge in conflicts is that it is "outside the law", which is closely related to the then social environment, historical conditions, which was a need-based process.%宋代因袭唐律,在自首制度中适度放宽了自首条件,进一步详细规定了按问自首法,反映了法律功利性逐渐影响自首立法的趋势,北宋神宗朝围绕阿云一案展开的争论以及前后自首制的立法变化就是其中一个缩影。可见,中国古代社会正如与其他国家一样,都经历着从绝对自首走向相对自首的过程。在这个过程中,法律功利性与公正性在矛盾中走向融合,其根本原因在于“法外”,这与当时社会环境、历史条件密切相关,是为需而定。

  17. Significant Outcomes in Case Law in the United States: Autism and IDEA in 2013, Transition Issues and Changes in Diagnostic Evaluation Criteria

    Science.gov (United States)

    Hill, Doris Adams; Taylor, Jonte

    2017-01-01

    The authors examined 85 cases decided in 2013 where the facts centered on violations of the Individuals with Disabilities Education Act (IDEA) and the provision of a Free Appropriate Public Education (FAPE) for students with autism spectrum disorder (ASD). Trends in prevailing party by geographic location, court circuit, gender, and other…

  18. Elements and gas enrichment laws of sweet spots in shale gas reservoir: A case study of the Longmaxi Fm in Changning block, Sichuan Basin

    Directory of Open Access Journals (Sweden)

    Renfang Pan

    2016-05-01

    Full Text Available Identification of sweet spot is of great significance in confirming shale gas prospects to realize large-scale economic shale gas development. In this paper, geological characteristics of shale gas reservoirs were compared and analyzed based on abundant data of domestic and foreign shale gas reservoirs. Key elements of sweet spots were illustrated, including net thickness of gas shale, total organic carbon (TOC content, types and maturity (Ro of organic matters, rock matrix and its physical properties (porosity and permeability, and development characteristics of natural fractures. After the data in Changning and Weiyuan blocks, the Sichuan Basin, were analyzed, the geologic laws of shale gas enrichment were summarized based on the economic exploitation characteristics of shale gas and the correlation between the elements. The elements of favorable “sweet spots” of marine shale gas reservoirs in the Changning block and their distribution characteristics were confirmed. Firstly, the quality of gas source rocks is ensured with the continuous thickness of effective gas shale larger than 30 m, TOC > 2.0% and Ro = 2.4–3.5%. Secondly, the quality of reservoir is ensured with the brittle minerals content being 30–69%, the clay mineral content lower than 30% and a single lamination thickness being 0.1–1.0 m. And thirdly, the porosity is higher than 2.0%, the permeability is larger than 50 nD, gas content is higher than 1.45 m3/t, and formation is under normal pressure–overpressure system, which ensures the production modes and capacities. Finally, the primary and secondary elements that control the “sweet spots” of shale gas reservoirs were further analyzed and their restrictive relationships with each other were also discussed.

  19. From Multiple Legal Cultures to One Legal Culture? Thinking About Culture, Tradition and Identity in European Private Law Development

    Directory of Open Access Journals (Sweden)

    Stephanie Law

    2015-08-01

    Full Text Available This paper begins by briefly outlining private law’s evolution alongside the emergence of the Nation States; it then aims to set out the mutual influence of these concepts on national culture, tradition and identity in order to highlight the significance of the political, economic and legal as well as social and cultural contexts in which the processes of integration and Europeanisation occur. Against this background, the scope for European private law to emerge as a plural, multi-level construct and a dynamic endeavour is recognised. Building on this analysis of the significance of the diversity and commonality of cultures, traditions and identities in national private law development, institutionalised at the Union level in the principle of unitas in diversitate, the paper explores the need for a single, common European notion of culture, tradition or identity. This examination is undertaken with reference to an example, namely the evolution of the concept of consumer, from its national foundations to its engagement in Union legislation and CJEU jurisprudence. Drawing conclusions as to the need for such a common, European concept, the paper advances a plea for the recognition of a shift in the perspective of legal development, to one which acknowledges the dynamic evolution of private law within a pluralist, multi-level regulatory construct.

  20. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

    Zipf's law is just one out of many universal laws proposed to describe statistical regularities in language. Here we review and critically discuss how these laws can be statistically interpreted, fitted, and tested (falsified). The modern availability of large databases of written text allows for tests with an unprecedent statistical accuracy and also a characterization of the fluctuations around the typical behavior. We find that fluctuations are usually much larger than expected based on simplifying statistical assumptions (e.g., independence and lack of correlations between observations).These simplifications appear also in usual statistical tests so that the large fluctuations can be erroneously interpreted as a falsification of the law. Instead, here we argue that linguistic laws are only meaningful (falsifiable) if accompanied by a model for which the fluctuations can be computed (e.g., a generative model of the text). The large fluctuations we report show that the constraints imposed by linguistic laws...

  1. On Hack's Law

    Science.gov (United States)

    Rigon, Riccardo; Rodriguez-Iturbe, Ignacio; Maritan, Amos; Giacometti, Achille; Tarboton, David G.; Rinaldo, Andrea

    1996-11-01

    Hack's law is reviewed, emphasizing its implications for the elongation of river basins as well as its connections with their fractal characteristics. The relation between Hack's law and the internal structure of river basins is investigated experimentally through digital elevation models. It is found that Hack's exponent, elongation, and some relevant fractal characters are closely related. The self-affine character of basin boundaries is shown to be connected to the power law decay of the probability of total contributing areas at any link and to Hack's law. An explanation for Hack's law is derived from scaling arguments. From the results we suggest that a statistical framework referring to the scaling invariance of the entire basin structure should be used in the interpretation of Hack's law.

  2. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  3. Teaching Method Reform of Labor Law Cases for Human Resources Management Major%人力资源管理专业劳动法案例教学方法的改革

    Institute of Scientific and Technical Information of China (English)

    孔令仙

    2014-01-01

    在劳动法教学方法改革中,案例教学法能够充分激发学生的学习兴趣,促进师生交流,培养学生的创新精神以及分析和解决问题的能力,在实践中被广泛应用。但目前的劳动法案例教学方法单一、弊端明显,不适应HR转型过程中用人单位对合格人才的需求。灵活运用多种教学法,实现教学方法的优化组合,充分发挥案例教学应有的作用,无疑是当代高校劳动法教学改革的重点。%In the teaching method reform of the labor law , case teaching method can fully arouse students'interest in learning ,promote the communication between teachers and students ,and cultivate the innovative spirit of students and the abilities to analyze and solve problems ,which have been widely used in practice .However ,the present teaching methods have no varieties and have lots of obvious disadvanta-ges ,which cannot adapt to the demand for qualified personnel during the process of HR transformation . Thus ,it has become a key of the teaching reform of labor law in universities to adopt a variety of flexible teaching methods ,optimize teaching methods ,and give full play to the role of case teaching .

  4. Zipf's law, power laws, and maximum entropy

    CERN Document Server

    Visser, Matt

    2012-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines - from astronomy to demographics to economics to linguistics to zoology, and even warfare. A recent model of random group formation [RGF] attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present article I argue that the cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  5. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  6. How Law Affects Lending

    OpenAIRE

    Haselmann, Rainer; Pistor, Katharina; Vig, Vikrant

    2006-01-01

    A voluminous literature seeks to explore the relation between law and finance, but offers little insights into dynamic relation between legal change and behavioral outcomes or about the distributive effects of law on different market participants. The current paper disentangles the law-finance relation by using disaggregate data on banks’ lending patterns in 12 transition countries over a 8 year period. This allows us to control for country level heterogeneity and differentiate between differ...

  7. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

    In this course we tried to shed some light on the most important issues of the environmental law: notion, subject, method, system and sources of environmental law, we revealed the context of government management in the field of the protection of environment, legal regulation of conducting environmental examination. The separate subjects determines legal regime of each environmental law objects: lands, water, mineral wealth, forests, air, flora and fauna, natural protection fund of Ukraine. ...

  8. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  9. Learning the Law

    OpenAIRE

    Engel, Christoph

    2004-01-01

    Hardly any of the law's subjects know the text of the provisions that govern their conduct. Even less would they be able to handle this text properly, were they to get access to it. Nonetheless the law firmly believes that it is not feckless. This paper solves the puzzle by drawing on four bodies of knowledge: neurobiology, developmental psychology, the psychology of learning, and work form social scientists on learning.The paper makes the following claim: typically the law reaches its addres...

  10. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    of international law generates bad policy outcomes. Resort to international law to establish the SRF opens the door for national courts’ review of the agreement – a prospect which contrasts with the constitutional logic of leaving decision of economic questions in the political process. In light......, to be adopted in co-decision procedure with the Parliament, the Council has however endorsed a plan to adopt an international agreement on the functioning of the Single Resolution Fund (SRF). The paper critically analyses the choice to resort to international law to establish the SRF. As the paper maintains......, the use of an intergovernmental agreement in this case is not necessary from a legal point of view. In fact, the use of international law in this case rests on flawed legal argument, namely that EU regulations cannot impose financial obligations on the states. Moreover, as the paper explains, the use...

  11. Washington upholds HIV exposure law as constitutional.

    Science.gov (United States)

    1999-12-24

    A Washington State appeals court has rejected a constitutional challenge to a law that makes the intentional spreading of HIV to sex partners a crime. The court rejected the notion that the criminal exposure law violated the equal protection clause of the U.S. and State constitutions because it singled out those infected with HIV for unequal treatment. The court saw the law applied specific conduct to all, infected and non-infected alike, not specific groups of people. A second argument that the defendants were denied right of procreation was rejected because those rights are not protected if the defendant intended to inflict bodily injury. In this case, the defendant, [name removed], knowing his HIV status, willingly had sex with several women without warning them of his status or using a condom. The court viewed this behavior as acting with intent to inflict harm. An earlier case involving an HIV-specific criminal exposure law is described.

  12. Judicial Respome on Major Sensitive Cases ——In the Perspective of Law and Economics%重大敏感案件的司法应对——以法经济学为视角

    Institute of Scientific and Technical Information of China (English)

    刘芬

    2012-01-01

    When the courts solve major sensitive cases, generally they will not accept the application, extend the completion time, make a division of application, offer judicial assistance and so on, which has led to the rising cost of the judiciary. Only through the establishment of the major sensitive cases disputesettling mechanism, the elasticity of the flexible use of law, establishing guidance case, the judicial resources can be saved and lawsuit efficiency can be improved.%法院在解决重大敏感案件时,一般会采取不予受理、延长审限、分案受理、司法救助等方法,却导致了司法成本的提高,只有建立重大敏感案件的多元纠纷解决机制,灵活运用法律的弹性,建立指导性案例,才能节约司法资源,提高诉讼效益。

  13. RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CONTINUUM THEORIES (Ⅹ)--MASTER BALANCE LAW

    Institute of Scientific and Technical Information of China (English)

    DAI Tian-min

    2006-01-01

    Through a comparison between the expressions of master balance laws and the conservation laws derived by Noether's theorem, a unified master balance law and six physically possible balance equations for micropolar continuum mechanics are naturally deduced. Among them, by extending the well-known conventional concept of energymomentum tensor, the rather general conservation laws and balance equations named after energy-momentum, energy-angular momentum and energy-energy are obtained. It is clear that the forms of the physical field quantities in the master balance law for the last three cases could not be assumed directly by perceiving through the intuition. Finally,some existing results are reduced immediately as special cases.

  14. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  15. Thinking law: thinking law in motion

    OpenAIRE

    Laura Beth Nielsen

    2014-01-01

    This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1) multiple methodologies; (2) multiple perspectives; (3) multiple vocalities; and (4) multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can cla...

  16. The Law of Large Numbers for the Free Multiplicative Convolution

    DEFF Research Database (Denmark)

    Haagerup, Uffe; Möller, Sören

    2013-01-01

    In classical probability the law of large numbers for the multiplicative convolution follows directly from the law for the additive convolution. In free probability this is not the case. The free additive law was proved by D. Voiculescu in 1986 for probability measures with bounded support...... for the case of bounded support. In contrast to the classical multiplicative convolution case, the limit measure for the free multiplicative law of large numbers is not a Dirac measure, unless the original measure is a Dirac measure. We also show that the mean value of lnx is additive with respect to the free...

  17. Hack's law of debris-flow basins

    Institute of Scientific and Technical Information of China (English)

    LI Yong; YUE Z.Q.; LEE C.F.; BEIGHLEY R.E.; CHEN Xiao-Qing; HU Kai-Heng; CUI Peng

    2009-01-01

    Hack's law was originally derived from basin statistics for varied spatial scales and regions.The exponent value of the law has been shown to vary between 0.47 and 0.70,causing uncertainty in its application.This paper focuses on the emergence of Hack's law from debris-flow basins in China.Over 5,000 debris-flow basins in different regions of China with drainage areas less than 100km2 are included in this study.Basins in the different regions are found to present similar distributions.Hack's law is derived fi'om maximum probability and conditional distributions,suggesting that the law should describe some critical state of basin evolution.Results suggest the exponent value is approximately 0.5.Further analysis indicates that Hack's law is related to other scaling laws underlying the evolution of a basin and that the exponent is not dependent on basin shape but rather on the evolutionary stage.A case study of a well known debris-flow basin further confirms Hack's law and its implications in basin evolution.

  18. Science without laws.

    Science.gov (United States)

    Schweber, Silvan S

    2009-01-01

    During the 1970s, something deeply consequential happened in the cultural, economic, and social relationships between science and technology. Paul Forman has proposed that the abrupt reversal of the culturally ascribed primacy in the science-technology relationship circa 1980 be taken as a demarcation of postmodernity from modernity. Modernity's most basic cultural presuppositions-the superiority of theory to practice, the elevation of the public over the private and that of the disinterested over the interested, and the belief that the means sanctify the ends-were ascribed to science. In postmodernity, science is subsumed under technology, and the status of technology relative to science reflects our pragmatic-utilitarian subordination of means to ends. These cultural changes have resonated with deep epistemological and ontological changes within the sciences themselves, and all these have manifested themselves in universities becoming entrepreneurial, and the consequences thereof. Science Without Laws insightfully illustrates some of the changes within the life and human sciences by analyzing the role played by model systems and case studies.

  19. F-rough law and the discovery of rough law

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

    By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

  20. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school…