WorldWideScience

Sample records for case law jurisprudence

  1. 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)

  2. 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.

  3. 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. PMID:25428910

  4. 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.

  5. Development of Environmental Laws and Jurisprudence in Pakistan

    OpenAIRE

    Asian Development Bank

    2013-01-01

    The Government of Pakistan has adopted laws to combat adverse environmental impacts of unsustainable development, but there are several issues that make effective implementation of these laws and adjudication of environmental disputes difficult. This report examines the state of environmental law, adjudication, and implementation in Pakistan, focusing on the provincial environmental protection acts of Pakistan and the institutional design, principles, and procedures provided under the law. It...

  6. Mapping Criminal Law: Blackstone and the Categories of English Jurisprudence

    OpenAIRE

    Lieberman, David

    2002-01-01

    "Mapping Criminal Law" examines attempts by 18th-century common lawyers to identify and delineate criminal law as a discrete and specific component of the legal order, distinguishing the legal categories of 'criminal' from 'civil' and, in this setting, the related distinction between 'public' and 'private'. The discussion focuses on Blackstone's treatment of these matters in the Commentaries: examining the native and foreign legal materials he utilized to assemble a category of law covering w...

  7. 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. PMID:24826823

  8. Escassez de recursos, custos dos direitos e reserva do possível na jurisprudência do STF Resource limitation, cost of rights and the 'under reserve of the possibilities' clause in the Brazilian Federal Supreme Court case-law

    Directory of Open Access Journals (Sweden)

    Daniel Wei Liang Wang

    2008-12-01

    Full Text Available Este artigo analisa os temas da escassez de recursos, custos dos direitos e cláusula de reserva do possível na jurisprudência do Supremo Tribunal Federal brasileiro. Por meio do estudo dessas decisões, procuro, primeiramente, descobrir em que tipo de matéria esses temas são comumente debatidos nos julgamentos do Supremo Tribunal Federal. Em um segundo momento, procuro entender a forma como o tribunal trata esses temas em sua jurisprudência e os critérios utilizados em suas análises. Por fim, busco examinar se a análise jurídica dos ministros leva em consideração preocupações relativas às conseqüências econômicas e distributivas das decisões. A pesquisa de acórdãos foi feita com base nestes três temas: direito à saúde, direito à educação e intervenção federal por não pagamento de precatórios. Em uma primeira fase, analiso o tratamento dado aos custos dos direitos, à reserva do possível e à escassez de recursos dentro de cada um desses temas. E, em um segundo momento, cruzo os resultados obtidos em cada tema para mostrar as diferenças de tratamento.This article presents an analysis the concepts of costs of rights, resource limitation and the "under reserve of the possibilities" clause are featured in the Brazilian Federal Supreme Court case-law. By analyzing Brazilian Supreme Court's decisions, my aim is to verify, firstly, in which subjects these themes appear more frequently. Secondly, I intend to assess how this court deals with the referred themes in its case law and what are the criteria applied. finally, I attempt to examine if the judges decision making process takes into consideration economic and distributive consequences. The survey on court decisions was based on three categories of legal discussions: right to health, right to education, and federal intervention for the non-payment of judicial debts. Initially, I examine the treatment received by the concepts of costs of rights, resource limitation

  9. 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...

  10. Case law

    International Nuclear Information System (INIS)

    This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel

  11. 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

  12. Case law

    International Nuclear Information System (INIS)

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  13. Case law

    International Nuclear Information System (INIS)

    This section of the Bulletin brings together the texts of the following case laws: Canada: - Judgment of the Federal Court of Canada sending back to a joint review panel for reconsideration the environmental assessment of a proposed new nuclear power plant in Ontario. France : - Conseil d'etat, 24 March 2014 (Request No. 358882); - Conseil d'etat, 24 March 2014 (Request No. 362001). Slovak Republic: - Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; - Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. United States: - Initial Decision of the Atomic Safety and Licensing Board Ruling in Favour of Nuclear Innovation North America, LLC (NINA) Regarding Foreign Ownership, Control or Domination

  14. Statute law or case law?

    OpenAIRE

    Anderlini, Luca; Felli, Leonardo; RIBONI, Alessandro

    2008-01-01

    In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the advantage of flexibility for Case Law is unavoidably paired with the potential for time-inconsistency. Under Case Law, Courts may be tempted to behave myopically and neglect ex-ante welfare because, ex-...

  15. Case Law

    International Nuclear Information System (INIS)

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  16. [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. PMID:25845209

  17. Case Law

    International Nuclear Information System (INIS)

    This section treats of the following case laws sorted by country: 1 - Germany: Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a 'moratorium' imposed by the Government was unlawful; List of lawsuits in the nuclear field. 2 - Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. 3 - United States: Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy's construction authorisation application for the Yucca Mountain high-level radioactive waste repository; Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility; Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident

  18. 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.

  19. Case law

    International Nuclear Information System (INIS)

    This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

  20. Case law

    International Nuclear Information System (INIS)

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  1. Morality tales in comparative jurisprudence: what the law says about sex

    Directory of Open Access Journals (Sweden)

    Alli Leigh Jernow

    2011-05-01

    Full Text Available This article examines the use of public morality justifications in constitutional challenges to laws that criminalize same-sex sexual relationships. The author summarizes the Hart-Devlin debate and then studies the use of privacy and equality as counter-arguments to morality in court cases from the United States, Zimbabwe, Botswana, South Africa, and India. Lastly the author posits that the use of equality to expose morality as animus has far-reaching implications in cases that beyond sexual conduct.

  2. Case law

    International Nuclear Information System (INIS)

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  3. Criminal Insulting Laws in Islamic Republic of Iran and Imamieh Jurisprudence

    Directory of Open Access Journals (Sweden)

    Alireza Shakarbigi

    2013-01-01

    Full Text Available As crimes against persons causing physical condition or aggrieved party reaction against the offenders in the community are also, offenses against the person and dignity of people too; because these offenses are so much impairment psychological trying very hard and difficult to treat, and treatment of physical injuries and financial losses. Can be defined as insulting, said: A crime in which the person using speech, writing, movement and gesture of humiliation and indignity caused another prestigious on. As diagnostic criteria of common insulting against crimes such as counterfeiting and accidents, etc that are expert as diagnostic criteria of. In this research we have examined the jurisprudential views of the insulting, insulting and then we have discussed from the perspective of criminal law which is insulting to the law of the examples we have cited. That are include the following: First topic: simple insulting, Second: aggravated insulting, and the third topic: insulting the Press. And should in summary said that the as diagnostic criteria of that it custom and custom insulting the judge will decide according to the law.

  4. Case law

    International Nuclear Information System (INIS)

    This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)

  5. Case law

    OpenAIRE

    OECD

    2012-01-01

    France Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF’s permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas Germany Request for arbitration against Germany at the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) because of Germany’s legislation leading to the phase-out of nuclear energy India Cases related to the Kudankulam Nuclear Power Project (KKNPP)...

  6. Case law

    International Nuclear Information System (INIS)

    The first point concerns the judgement of the federal Administration Court on the standing of third parties regarding attacks at interim storage facilities (2008). In its judgement handed down on 10. april 2008, the german Federal Administrative Court overrules a decision of a Higher Regional Administrative Court and declares that residents in the vicinity of an interim storage facility may challenge the licence for that facility on the grounds that the necessary protection has not been provided against disruptive action or other interference by third parties. The second point concerns the judgement of the European Court of justice of a member State to fulfill obligations under directive 96/29 EURATOM (2007): the united kingdom imposed to intervene only if a situation of radioactive contamination results from a present or past activity for the exercise of which a licence was granted. The national legislation does not oblige the authorities to take measures in circumstances in which radioactive contamination results from a past practice which was not the subject of a such licence. The United Kingdom Government admitted the validity of the Commission claims adding that further legislation to transpose that article (article 53) into national laws is in the process of being drawn up. The third point is relative to judgement of the US court of Appeals on licensing of the L.E.S. uranium enrichment facility (2007), on appeal to the Federal Court of Appeals for the district of Columbia, the joint petitioners objected to the Nuclear regulatory Commission (NRC) issuing to the Louisiana Energy Services, L.P. (L.E.S.) Uranium enrichment Facility in New Mexico on several grounds: the NRC violated the Atomic Energy Act by supplementing the environmental impact statement after hearing closed; the NRC violated the National Environmental Policy Act by insufficiently analysing the environmental impact of depleted uranium waste from the L.E.S. facility; the NRC violated the Atomic

  7. Case law

    International Nuclear Information System (INIS)

    Concerning the France, the judgement of the European Court of Human Rights on the Right to a fair Trial, in the litigation Collectif Stop Melox and Mox versus France (2007) and the decision of the Council of State Quashing a decree concerning a nuclear installation in Brennilis, for the want of public information and consultation (2007) are reported. For South Africa, the judgment of the Cape High Court in the case of Mc donald and others versus Minister of Minerals and Energy and others (2007) is reported. United Kingdom states the decision of the Wick Sheriff Court Fining UKAEA for plutonium exposure (2007). Concerning Usa the judgment of the US Court of Appeals on environment Analysis of the effects of terrorism (2006) and the vacatur of US Court of Federal Claims Decision regarding Price-Anderson Compensation of Costs in a private Tort Claim (2007) are reported. (N.C.)

  8. Where Theory and Law Meet: Trends in Establishment Clause Jurisprudence in the US Federal Courts and Implications for Science Education

    Science.gov (United States)

    King, Lance E.; Southerland, Sherry A.

    2013-01-01

    In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory…

  9. Case law

    International Nuclear Information System (INIS)

    Five articles are tackled: in France, the judgement of the Court of Appeal of Limoges concerning the dumping of radioactive waste by Areva N.C.(2006). The Court of Appeal of Limoges ruled that Areva N.C. was not guilty of dumping radioactive waste, and neither had it infringed radiation protection regulations or general mining industry regulations. there was no proof of damage to fish fauna. In Sweden, judgement on Plans for the dismantling of Barsebaeck (2006). This court case resulted from a dispute between the operator and the Swedish government Swedish radiation Protection Institute. The Swedish Government wanted decommissioning to commence immediately whereas plant management at Barsebaeck had indicated its intention to wait until 2020, when the radiation dose to workers during decommissioning work would be lower. The court approved the plans to commence dismantling in 2020, when a repository for large reactor components will be ready at the national final repository for radioactive waste at the Forsmark plant. In United Kingdom, on October 2006, British Nuclear group Sellafield Ltd. (B.N.G.S.L.) was fined 500 000 pounds (G.B.P.) plus G.B.P. 68000 in costs in a case brought by the UK health and Safety Executive (H.S.E.) for failing to identify and stop an eight-month long leak of 83 400 litres of radioactive liquid at the Thermal Oxide reprocessing Plant (T.H.O.R.P.) at Sellafield in Cumbria. The fine was levied at Carlisle Crown Court after B.N.G.S.L. pleaded guilty, at an earlier hearing, to the three counts of breaching conditions attached to the Sellafield site licence, granted under the 1965 Nuclear Installations Act as amended. These conditions require the licensee to make and comply with written instructions; to ensure safety systems are in good working order; and to ensure radioactive material is contained and, if leaks occur, they are detected and reported. In Usa, in accordance with the Nuclear Waste Policy Act of 1982, as amended (N.W.P.A.) the US

  10. ICSID Jurisprudence

    OpenAIRE

    Tsatsos, Aristidis

    2009-01-01

    The settlement of investment disputes within the ICSID system is carried out by the ICSID arbitral tribunals which are non-permanent judicial bodies. Every separate case is adjudicated by a different ICSID panel. The only remedy available to set aside an ICSID award is the annulment procedure pursuant to Article 52 which concerns only the legitimacy of the process of decision. Moreover, the possibility of appeal of an arbitral award is explicitly excluded within the ICSID system. The limited ...

  11. 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

    International Nuclear Information System (INIS)

    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.

  12. Taking the Strasbourg Jurisprudence into account : developing a 'municipal law of human rights' under the Human Rights Act.

    OpenAIRE

    Masterman, R.

    2005-01-01

    Questions surrounding the legitimate extent of the judicial role have long been the source of controversy. Concerns that unelected and unrepresentative judges are ‘legislating’ rather than interpreting the law or are interfering in matters of ‘democratically endorsed’ government policy, have often been, and will continue to be, raised by academics and politicians alike. The question is one of separation of power— of the appropriate constitutional role and division of functions between the exe...

  13. 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.

  14. Ethical Sentiments and the Role of Literature in the Jurisprudence Seminar

    Science.gov (United States)

    Penrod, Lynn

    2010-01-01

    This article focuses on a typical law and literature jurisprudence seminar and the use of literary texts in this type of class to foster the development of "ethical sentiments" in future legal practitioners. While the majority of jurisprudence courses within a standard law curriculum tend to use political theory, philosophical, or socio-cultural…

  15. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  16. Islamic Jurisprudence and the Primacy of Shariah

    OpenAIRE

    2013-01-01

    The purpose of shariah like any other legal system is the maintenance of law and order. Society cannot achieve peace and prosperity without some form of social control. Outlawry can only lead to social disequilibrium. The focus of this paper is not the legal or juridical functions of the shariah, but the social and political dimensions of Islamic jurisprudence. Since the purpose for being of an Islamic state is the full implementation of the shariah, the aim of this study is to evaluate the n...

  17. 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.

  18. 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.

  19. THE RECONFIGURATION OF THE JUDGE`S ROLE IN THE ROMANO-GERMANIC LAW SYSTEM

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2013-05-01

    Full Text Available The role assigned to the judge varies from one legal system to another. In the Anglo-Saxon legal systems, in the context of the absence of an independent legislative body, judge is the one who creates law; his mission consists in solving a specific case, given the existing judicial precedents; if he can not find an appropriate rule of law, the judge has to create one and to apply it. On the other hand, in the continental system, creation of law is the mission of the legislator. Evolving under the influence of Roman law, the continental law systems differ from the Anglo-Saxons by: the assuming of Corpus iuris civilis; the tendency to abstraction, leading to the creation of a rational law; the rule of law, with the consequence of blurring the role of jurisprudence. In spite of these essential differences, the last decades of the twentieth century have found out the convergence of the written coded system and the common law system. Thus, the increasing of the legislature`s role in common law system is accompanied by the reconsideration of the judge`s role in the Roman-Germanic legal system. While Anglo-Saxons accept the "compromise" of coding, Continentals shyly step towards rethinking the status of law source of the jurisprudence. History has shown that, one by one, law and jurisprudence have disputed the the role of prime creator of law. Emphasizing the creative force of jurisprudence, Vladimir Hanga wrote: "The law remains in its essence abstract, but the appreciation of the jurisprudence makes it alive, as the judge, understanding the law, examining the interests of parties and taking inspiration from equity, ensures the ultimate purpose of the law: suum cuique tribuere”1. However, as we shall see below, in the Roman-Germanic law system, the creative role of jurisprudence still raises controversy.

  20. 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...

  1. Prison Conditions Under Irish Law and the European Convention on Human Rights.

    OpenAIRE

    Rogan, Mary

    2012-01-01

    This publication seeks to raise awareness of prison law and prisoners’ rights jurisprudence amongst legal professionals, and to increase their research capacity in these areas. It is part of a series of three papers, one of which examines accountability structures and the law regulating Irish prisons; the other explores practical matters surrounding the taking of prison law cases.

  2. 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)

  3. 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.

  4. Post legal positivism: new paradigm of legal science (jurisprudence) and practice in Brazil

    OpenAIRE

    Robl Filho, Ilton Norberto; Malheiros da Cunha Frota, Pablo

    2012-01-01

    The relation between law, moral, society and science is shifting in Brazil as it is changing in democratic contemporary societies. This paper proposes to reflect about this change in the Brazilian legal and social context. Jurisprudence and legal practice have been transformed intensively after the Brazilian redemocratization that began in 1985 and Federal Constitution of 1988. In the field of Jurisprudence (Legal Theory), a new legal theory called post-positivism progressively has been overc...

  5. Jurisprudence by the European Court of Justice in the field of environment protection

    International Nuclear Information System (INIS)

    The lecture gives a detailed overview of the jurisprudence by the European Court of Justice, especially of the legal and contractual basis of environment protection. It deals with the distribution of responsibilities, jurisprudence on water protection, clean air presevation, and disposal law. From a global viewpoint, the European Court of Justice can only give impulses, the implementation of concrete measures being the task of the politicians. (HSCH)

  6. Case law and administrative decisions

    International Nuclear Information System (INIS)

    About the case law we find four parts, one concerns France and the judgement of the council of state on an application for annulment of the decree of 10 january 2003 authorizing Cogema to modify a major nuclear installation, a second one is in relation with the Usa through the ruling in relation to the sale of uranium enrichment services in the united States, decision concerning the Yucca mountain repository, Indiana michigan power company v. United States, natural resources defense council, snake river alliance, confederated tribes and bands of the Yakama indian Nation, Shoshone Bannock Tribes v. Abraham. For the third part devoted to European union it is question of the judgement of the European Court of justice in European union v. UK, the fourth part concerns administrative decisions with the early shutdown of Barsebaeck-2 in Sweden. (N.C.)

  7. Case law and administrative decisions

    International Nuclear Information System (INIS)

    Some extracts of case law: ruling of the Supreme Administrative Court on the decision to shut units 3 and 4 of Kozloduy nuclear power plant (Bulgaria), judgement of the County Court of Cherbourg concerning the import of spent fuel to La Hague (France), judgement of the Nagoya High Court on the invalidity of the licence to establish the Monju reactor, judgement of the Mito District Court issuing penalties in respect of the Tokai-Mura accident, the Principle of justification: the application of the Principle to the Manufacture of MOX fuel in the UK, Ruling of the US Court of International trade in relation to the sale of uranium enrichment services in the United States, Commission v Council Accession of the Community to the Convention on nuclear safety, government decision not to appeal court ruling on the continued operation of the Borssele nuclear power plant. (N.C.)

  8. 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.

  9. [Epilepsy and Canon Law].

    Science.gov (United States)

    Bonduelle, M

    1987-01-01

    The Canon Law (Codex Iuris Canonici), promulgated in 1917, was a classification of laws and jurisprudence which ruled the early Church, governed the ecclesiastical condition of Roman Church until its reorganisation in 1983. It forbade to be ordained or to exercise orders already received to "those who are or were epileptics either not quite in their right mind or possessed by the Evil One". All the context and in particular the paragraph which treated of bodily lacks, indicated that between these three conditions, there was juxtaposition and no confusion. The texts specified the foundations of these dispositions, not in a malefic view of epilepsy inherited from Morbus Sacer of Antiquity, but in decency and on account of risk incured by Eucharist in case of fit. Some derogations could attenuate the severity of these dispositions--as jurisprudence had taken progresses of Epileptology and therapeutics into consideration. In the new Code of Canon Law (1983) physical disabilities were removed from the text and also possessed evil and epilepsy, the only impediment being "insanity or other psychic defect" appreciation of which is done by experts. Concerning poorly controlled epilepsies, we believe that experts will be allowed to express their opinion and a new jurisprudence will make up for the silence of the law. PMID:3310183

  10. Anglo-American Jurisprudence and the Native American Tribal Quest for Religious Freedom.

    Science.gov (United States)

    Loftin, John D.

    1989-01-01

    Argues that Native American tribes encounter major legal problems in the practice of traditional religions due to differences between Native and Anglo American worldviews. Examines the ideology of civilization underlying values in American jurisprudence, foundations of American Indian law, and relevant constitutional law. Contains over 200…

  11. Swiss Patent Jurisprudence 2012

    OpenAIRE

    Rigamonti, Cyrill

    2013-01-01

    The new Swiss Federal Patent Court, with nationwide first-instance jurisdiction over all civil patent matters, has been operating since 1 January 2012. This article reviews and contextualizes the most important patent cases the Swiss Federal Patent Court and the Swiss Federal Supreme Court. It concludes that the revamped Swiss patent litigation system has the potential of turning Switzerland into a competitive venue for the adjudication of patent matters in Europe.

  12. Chronique de jurisprudence suisse (1996-2004)

    DEFF Research Database (Denmark)

    Cavaleri, Sylvie Cécile

    The article reviews case law on the Swiss Statute on Private International Law from 1996 to 2004. Sylvie Cavaleri's contribution concerns provisions on insolvency and bankruptcy.......The article reviews case law on the Swiss Statute on Private International Law from 1996 to 2004. Sylvie Cavaleri's contribution concerns provisions on insolvency and bankruptcy....

  13. Legal argumentation based on foreign law An example from case law of the South African Constitutional Court

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2007-06-01

    Full Text Available This article aims to make some introductory remarks concerning the phenomenon of the circulation of ‘foreign law’ between constitutional courts. A convenient setting for some considerations regarding this legal phenomenon is the South African constitutional jurisprudence, since Section 39 of the 1996 Constitution enables the Constitutional Court to ‘consider foreign law’ when interpreting the Bill of Rights. This provision has led to the wide use of foreign jurisprudence and legislation, as well as extra-systemic parameters, that have formed the basis for models of legal argumentation. The article explores what appears to be a recurring ‘patterns’ of legal argumentation based on foreign law used by the Court which has been defined ‘probative importation’.

  14. Effective judicial protection in consumer protection in the ECJ's case law

    OpenAIRE

    Sarrión Esteve, Joaquín

    2014-01-01

    The aim of my paper is to examine the effective control that ECJ exercises on national law applying the right for citizens to benefit from effective judicial protection, particularly in the matter of consumer protection. As we know, when there is not a regulation in EU law, Member States possess a procedural autonomy. However, this called procedural autonomy must respect and guarantee the exercise of UE fundamental rights. ECJ developed a relevant jurisprudence in this matter that is very ...

  15. The Problem of Analogy Validity at Worships and Jurisprudence Effects's

    OpenAIRE

    BAWA, Mağruf Adem

    2013-01-01

    "No analogy in the area of worship is permitted" is a statement spread much in the Islamic scientific community and the media sites in recent times. This research examines the fact of this statement in the light of the opinions of Scholars in the Islamic law and Jurisprudence, analysing the meaning of worship and devotion, and the difference between them, and mentioning the views of the Islamic scholars in the issue after the clarification of the disputed and agreed points between them and th...

  16. Re Herrington: aboriginality and the quality of human rights jurisprudence in end-of-life decisions by the Australian judiciary.

    Science.gov (United States)

    Faunce, Thomas

    2007-10-01

    In Re Herrington [2007] VSC 151 (King's Case) the partner and family of an Aboriginal woman (diagnosed as being in a persistent vegetative state after an accident) sought an order from the Victorian Supreme Court that the decision of her treating doctors to withhold further medical treatment be opposed. The resultant judicial decision contains a very brief review of the now considerable case law in this area, does not mention the increasingly important role of clinical ethics committees in this context, or discuss the relevance of recently passed human rights legislation in Victoria. Given the statutory requirement for judicial reference to international human rights norms in jurisdictions such as Victoria and the Australian Capital Territory, and their increasing importance in other developed nations, the authors highlight the need for the Australian judiciary to lift the quality of their jurisprudence in relation to end-of-life cases. PMID:18035839

  17. Mass Communication Law; Cases and Comment.

    Science.gov (United States)

    Gillmor, Donald M.; Barron, Jerome A.

    The teaching materials presented in this casebook combine two perspectives: that of the journalist and that of the lawyer. The holdings of the courts on cases involving the First Amendment, libel, pornography, fair trial, free press, and the regulation of radio and television broadcasting are presented. In addition some problems of law and…

  18. Lex Sportiva and Lex Ludica: the Court Of Arbitration for Sport’s Jurisprudence

    OpenAIRE

    Foster, Ken

    2005-01-01

    What does the jurisprudence of the Court of Arbitration of Sport (CAS) reveal about international sports law? It is claimed that CAS applies lex sportiva; distinct universal legal principles of sports law. I argue that lex sportiva is an imprecise term covering different concepts.The awards of CAS are studied and it is argued that five different legal principles are employed: a lex ludica, good governance, procedural fairness, harmonisation of standards between international sporting federati...

  19. 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.

  20. The ICC’s Witness Protection Measures Through the Lens of Policy-Oriented Jurisprudence

    OpenAIRE

    Kayuni, Steven William

    2015-01-01

    The protection of witnesses from intimidation or harm has become a firmly entrenched part of modern criminal justice systems. The ICC’s decisionmaking with regard to procedural and non-procedural protective measures has on one hand reinforced the integrity and success of the judicial process, while on the other, led to numerous interpretational and applicability challenges of both policy and law. This article aims at designating policy-oriented jurisprudence as a possible theoretical approach...

  1. Political jurisprudence or institutional normativism?: maintaining the difference between Arendt and Fuller

    OpenAIRE

    Wilkinson, Michael

    2014-01-01

    Can jurisprudence fruitfully pursue a synthesis of Arendt’s political theory and Fuller’s normative legal philosophy? Might their ideas of the juridical person and the legal subject be aligned as a result of a shared concern for the value of legality, specifically of an institutional complex which is structured through the stability and predictability of the rule of law? It is doubtful that Arendt's concern for the phenomena of plurality, political freedom and action can usefully be brought i...

  2. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    OpenAIRE

    Konrad Graf

    2011-01-01

    Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action conte...

  3. How Do Case Law and Statute Differ? Lessons from the Evolution of Mortgage Law

    OpenAIRE

    Andra Ghent

    2014-01-01

    This paper traces the history of mortgage law in the United States. I explore the history of foreclosure procedures, redemption periods, restrictions on deficiency judgments, and foreclosure moratoria. The historical record shows that the most enduring aspects of mortgage law stem from case law rather than statute. In particular, the ability of creditors to foreclose nonjudicially is determined very early in states' histories, usually before the Civil War, and usually in case law. In contrast...

  4. 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...

  5. 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.

  6. 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.

  7. 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...

  8. 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. PMID:25040387

  9. Re: Mental health rehabilitation in therapeutic jurisprudence: Theoretical improvements.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2016-01-01

    Legal scholarship relevant to criminal court mental health initiatives that divert people with mental illness from prosecution to treatment has created the concept of therapeutic jurisprudence (TJ), an approach that seeks to maximize the law's potential for therapeutic outcomes. Despite recognition that TJ includes a rehabilitative response as a key animating principle and that it advocates for interdisciplinary synthesis, TJ has developed mainly from within the practice and discipline of law and without reference to the discipline of rehabilitation science, in which approaches to mental health rehabilitation (MHR) have witnessed significant developments in recent decades. In particular, concepts of MHR have shifted from a biomedical focus to a psychosocial approach, such as the recovery model, that incorporates values of self-determination, independence, and empowerment. It is argued that greater consideration of MHR will improve the theoretical validity of TJ by 1) helping define what 'therapeutic' means; 2) constructing a normative framework; and 3) broadening the scope of TJ as an interdisciplinary approach. More research is needed to ensure concepts from MHR rehabilitation science are considered in TJ legal scholarship and criminal court mental health initiatives. PMID:27107821

  10. The case for pluralism in postnational law

    OpenAIRE

    Krisch, Nico

    2009-01-01

    As the divide between domestic and international law becomes blurred, paradigms for the structure of the new, postnational legal order remain elusive, on both the analytical and the normative plane. In this paper, I inquire into the normative status of two main candidates, constitutionalism and pluralism. The constitutionalist ideal of a coherent, hierarchically structured order in a framework defined by law is often seen as an attractive goal also for postnational politics, but on closer loo...

  11. 当法学与进化生物学相遇--进化法理学的兴起与展望%The Encounter of Jurisprudence with Evolutionary Biology:The Rise and Prospect of Evolutionary Jurisprudence

    Institute of Scientific and Technical Information of China (English)

    刘春兴

    2012-01-01

      前达尔文时代的西方法理学就已存在某种朴素的法律进化思想,但直到19世纪进化论的确立才导致了进化法理学的诞生。早期研究主要集中于探讨法律进化理论,当前则侧重于进化论范式在具体法律问题中的应用以及一般进化法理学的构建等。尽管众多法学家认同法律进化的思想,但进化法理学作为一个法学流派却一直游离于西方法理学的中心地带之外。法律是一种文化现象,借鉴现代进化生物学在文化进化研究中取得的最新进展,构建基于文化进化的法律进化理论并以此为基础整合进化法理学,是进化法理学取得与其他进化社会科学类似成功的重要选择之一%  There had been some naïve evolutionary thoughts in Western jurisprudence before Darwinian times, and evolutionary jurisprudence did not come into being until the establishment of the theory of evolution in the nine⁃teenth century. At early stages it paid main attention to the discussion of theories of legal evolution, while these days it focuses on both the employment of evolutionary paradigm into specific legal issues and the construction of evolutionary jurisprudence in general. Although many legal theorists acknowledge the idea of legal evolution, evolu⁃tionary jurisprudence as a school of law has been beyond the mainstreams in Western jurisprudence. Law is one of cultural phenomena, which makes it likely for evolutionary jurisprudence to achieve success like that in other evolu⁃tionary social sciences to construct a theory of legal evolution based on cultural evolution and hence to integrate contemporary evolutionary jurisprudence with reference to the latest developments made by modern evolutionary bi⁃ology in the studies of cultural evolution.

  12. Law before Gratian

    DEFF Research Database (Denmark)

    ' 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 to...

  13. 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.

  14. Discrimination a rebours dans l'emploi: la jurisprudence sur les programmes d'action positive aux Etats-Unis.

    OpenAIRE

    Jones, J.E.

    1981-01-01

    ILO pub. Article reviewing supreme court jurisprudence on reverse racial discrimination in relation to employment opportunity and educational opportunity affirmative action programmes in the USA - comments on historical decisions and on passage of related civil rights legislation and labour legislation, and focuses on the ambiguity resulting from two major cases (defunis v. Odegaard, university of Washington, and bakke v. Regents, university of california). References.

  15. The case of Kosovo and international law

    Czech Academy of Sciences Publication Activity Database

    Šturma, Pavel

    2010-01-01

    Roč. 29, č. 2009 (2010), s. 51-65. ISSN 0554-498X Institutional research plan: CEZ:AV0Z70680506 Keywords : public international law * independence of the Kosovo * International Court of Justice Subject RIV: AG - Legal Sciences

  16. 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.

  17. Implications of Indian Supreme Court's Innovations for Environmental Jurisprudence

    OpenAIRE

    Geetanjoy Sahu

    2008-01-01

    This paper analyses the implications of innovative methods of the Indian Supreme Court for environmental jurisprudence to protect and improve the environment. Innovative methods are understood in terms of application and creation of new principle and structure for environmental jurisprudence. Through a series of innovative methods the Supreme Court of India has not only ensured fundamental right of citizen to healthy environment but also has contributed immensely to the evolution of new princ...

  18. Considerations on the Relationship between Jurisprudence and the Way of Law’s Interpretation by the Public Administration

    OpenAIRE

    Emil Balan; Gabriela Varia; Marius Vacarelu

    2010-01-01

    The paper aims at answering the question of the relationship between jurisprudence and the way law is interpreted by public administration in the conditions of respecting good administration’srequirements. The research is grounded upon previous studies published in the framework of the project “The right to a good administration and its impact on public administration’s procedures”(code PN II IDEI 698/2007) financed by the Romanian National Research Council (CNCSIS) and is based on comparativ...

  19. [Critical Study of the last jurisprudence of the Supreme Court on requirements and guarantees regarding DNA sampling from suspects].

    Science.gov (United States)

    de Hoyos Sancho, Montserrat

    2012-01-01

    A critical study will be made of recent jurisprudence of Spanish Supreme Court in relation to the principal requirements that current legislation establishes for so-called "DNA testing", specially in connection with the rules on lawful evidence. In particular, the various hypotheses and circumstances that might concur in the collection of tissue samples from the suspect will be analyzed, as well as questions relating to the need, or otherwise, of legal assistance during such an act. PMID:23115827

  20. Constitutional Values, Therapeutic Jurisprudence and Legal Education in South Africa: Shaping our Legal Order

    Directory of Open Access Journals (Sweden)

    Elmarie Fourie

    2016-04-01

    Full Text Available Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest reward is contributing to the betterment of society and ultimately to social change. The values and philosophies that law lecturers instil in law students can contribute to the legal order of the future; a legal order that supports a transformative South Africa. A need exists to bring legal education closer to the values enshrined in our Constitution. In addition to an extensive knowledge of legal principles, critical thinking and research skills, law students should critically engage with our constitutional values. The question remains: How do we transform legal education in South Africa? How do we change the way we teach law students? The introduction of concepts such as therapeutic jurisprudence enhanced by our constitutional values will ensure that we deliver graduates that display a commitment to our constitutional vales and an ability to engage critically with these values. It is important to establish a professional legal identity amongst students from their first year as this will assist in the development of a well-rounded graduate that can contribute to the legal order of the future. Letter writing and drafting skills, the value of plain language, moot court activities, alternative dispute resolution and clinical legal education provide opportunities to integrate valuable therapeutic jurisprudence principles into the curriculum and can allow students to critically engage with our constitutional values. By embodying these values they can improve the legal system, shape our legal order and promote progress toward an equal and free democratic society as envisaged by the Constitution.

  1. Torture and Positive Law: Jurisprudence for the White House

    OpenAIRE

    Waldron, Jeremy

    2004-01-01

    Revelations of ill-treatment of prisoners by American forces at Abu Ghraib and the publication of memoranda showing that Bush administration lawyers have been seeking to narrow the application of the Convention against Torture and other similar provisions – these developments make it necessary for us to think afresh about the character and significance of the various legal prohibitions on torture. This paper argues that the prohibition on torture is not just one rule among others, but a...

  2. Homicide committed by psychiatric patients: Psychiatrists' liability in Italian law cases.

    Science.gov (United States)

    Terranova, Claudio; Rocca, Gabriele

    2016-01-01

    Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. PMID:26130750

  3. Legal argumentation based on foreign law
    An example from case law of the South African Constitutional Court

    OpenAIRE

    Andrea Lollini

    2007-01-01

    This article aims to make some introductory remarks concerning the phenomenon of the circulation of ‘foreign law’ between constitutional courts. A convenient setting for some considerations regarding this legal phenomenon is the South African constitutional jurisprudence, since Section 39 of the 1996 Constitution enables the Constitutional Court to ‘consider foreign law’ when interpreting the Bill of Rights. This provision has led to the wide use of foreign jurisprudence and legislation, as w...

  4. Laws and Stigma: the Case of Prostitution

    OpenAIRE

    Giovanni Immordino; Francesco Flaviano Russo

    2015-01-01

    We study the opinions on prostitution that emerged from the World Value Survey. We show that individuals tends to justify prostitution more in countries where it is legal or regulated and less in countries where it is prohibited, even after controlling for religious, cultural and sociological factors. To overcome the endogeneity of the policy to the opinions, we propose an instrumental variable strategy, instrumenting prostitution policy with legal origins. At least for the case of prostituti...

  5. The Case Law on Aversive Interventions for Students with Disabilities.

    Science.gov (United States)

    Lohrmann-O'Rourke, Sharon; Zirkel, Perry A.

    1998-01-01

    This review of case law on aversive interventions for students with disabilities identifies legal boundaries and protections for students in five categories: electric shock, noxious substances, corporal punishment, restraints, and timeout. It finds that, despite the emergence of positive interventions, qualified support for aversive interventions…

  6. 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.

  7. Legal Responsibilities of nurses in Japan : Through Recent Law Cases

    OpenAIRE

    Yoshimura, Sadako

    1999-01-01

    Over the last 3-4 decades the roles of nurses have been changing and expanding, so that now they include duties in advanced hospitals and home-care. The trends in law cases and the amendments made to The Medical Act and the licensure for CNS in Japan have both been indications of these changing laws. These expanding responsibilities mean that nurses have needed, and will continue to need, to learn new skills in nursing and in the administration of machines. The nursing staff’s responsibilitie...

  8. Optimization of wicket-gate closing law considering different cases

    Science.gov (United States)

    Cui, H. C.; Fan, H. G.; Chen, N. X.

    2012-11-01

    On condition that the engineering cost remains the same, optimization of wicket-gate closing law has always been the most economical and efficient way to reduce the incident risk and guarantee the security of hydro-turbine and the whole hydraulic network. In this paper, improved approaches for optimization of wicket-gate closing law are proposed. A new nonlinear evaluating function is developed and a wicket-gate closing law optimization method dealing with different hydro-transient cases (different water levels, operation conditions, combination cases etc) is introduced. Based on these improvements and genetic algorithm, a series of practical engineering scheme studies are preformed and the results are illustrated. The numerical calculation results show that the new non-linear evaluating function is of great advantages compared to traditional evaluating function in distribution of safety margin of each optimization goal. Optimized WG closing law by multi-mode optimum method is proved to be accurate and universal to different hydro-transient cases.

  9. Waste law. November 2013 - September 2014

    International Nuclear Information System (INIS)

    The author comments the main evolution noticed regarding legal aspects (laws, decrees, jurisprudence, and so on) about wastes between November 2013 and September 2014. The main events have been the adoption of the bill on social and solidarity economy which contained some measures related to waste prevention, and the transposition of a European directive related to waste electric and electronic equipment. The author addresses the different concerned domains: the modalities of waste management (prescriptions applied to installations receiving wastes, the waste status, the case of radioactive wastes, the case of waste electronic and electric equipment, waste cross-border transfers, general orientations of the French and European waste laws), and the responsibility for wastes (administrative responsibility, waste related taxation, producer responsibility)

  10. 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…

  11. Criminal law in the Bible

    Directory of Open Access Journals (Sweden)

    Pikov, G.

    2010-01-01

    Full Text Available The Old Testament criminal law, especially its moralizing attitude to state and private violence, crime and punishment, can be ranked among the most important sources of Medieval and Modern jurisprudence. The article analyses basic cultural preconditions of the formation and evolution of Judeo-Christian legal theory, peculiarities of criminological thinking in Judaism and Christianity, causes and effects of the fundamental ties between religion and law in traditional societies, and possible convergence of Mosaic and Modern criminal law.

  12. 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.

  13. International Law and the Society of Nations: An Introduction to Public International Law in the 1990s. Cases and Materials.

    Science.gov (United States)

    King, Jason Scott, Ed.; Scurti, Jason, Ed.; And Others

    This casebook on international law was developed by high school students around the globe and emphasizes the important role that students can play in furthering international law education. The text provides teachers and students with a summary review of 25 major cases heard by the International Court of Justice, along with additional materials.…

  14. 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.

  15. "Supreme Court: Enemy of Freedom?" Constitutional Law in Christian School Textbooks.

    Science.gov (United States)

    Paterson, Frances R. A.

    2000-01-01

    Examines the view of the law presented to American students enrolled in Christian schools by analyzing how the textbooks used by a significant number of Christian schools treat the constitutional jurisprudence of the Supreme Court. (Contains 177 footnotes.) (MLF)

  16. Categories of Rulings on Compensation and Reparation in the International Investment Arbitration : A tentative reclassification of cases (Japanese)

    OpenAIRE

    TAMADA Dai

    2008-01-01

    In this paper I treat some leading rulings on compensation and reparation in the jurisprudence of international investment arbitrations, for the purpose of clarifying the trend of judgment upon the damage valuation criteria and methods. The recent discussion on the investment arbitration cases puts too much emphasis on various standards in substantive law, for example, expropriation, fair and equitable treatment obligation, most-favored-nation treatment obligation, and national treatment obli...

  17. Law related to management of natural resources And the determination of Its environment

    OpenAIRE

    VISHAWAS CHOUHAN

    2012-01-01

    With the help of my article I am discovering hypothesis about the law related to management of natural resources and present environment law & critical analysis of its environment effect. It is my belief that is root of origin of “Law” or origin of “Statutes” in world the main reason was the management of natural resources. On this basis it is necessary to add a new branch – Environment School of Jurisprudence in the branches of Jurisprudence.

  18. From a Duty to Remember to an Obligation to Memory? Memory as Reparation in the Jurisprudence of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Maria Campisi

    2014-09-01

    Full Text Available Commemorations and reparations are central elements of the transitional justice agenda. The inclusion of memory-related measures among the steps that states are expected to take along the transitional process has been progressively translated from the transitional justice domain to the language of international law. Judicial and quasi-judicial human rights instances have required states to make and undertake memorials, commemorations and public acts of remembrance, both as an instrument of reparation for the individual victim and as a mechanism to warn against the repetition of the same abuses in the future. As a result of this trend, memory-related measures have progressively become part of the state obligation to provide reparations to victims. The inclusion of memory-related measures in the scope of the international obligation to repair, however, raises some thorny issues. This review of the jurisprudence of the Inter-American Court of Human Rights in relation to memory-related orders and analysis of the case of the memorial El Ojo que Llora in Peru critically assesses the emerging trend of using memory-related initiatives as measures of reparation determined by judicial organs.

  19. Stakeholder jurisprudence: the new way in human rights

    OpenAIRE

    Matwijkiw, Anja; Matwijkiw, Bronik

    2012-01-01

    Making use of United Nations (U.N.) materials and documents, Anja Matwijkiw and Bronik Matwijkiw argue that the organization – in 2004 – converted to a stakeholder jurisprudence for human rights. However, references to “stakeholders” may both be made in the context of narrow stakeholder theory and broad stakeholder theory. Since the U.N. does not specify its commitment by naming the theory it credits for its conversion, the authors of the article embark on a comparative analysis, so as to be ...

  20. Recognition in international law: The case of Kosovo and Metohija

    Directory of Open Access Journals (Sweden)

    Šurlan Tijana

    2015-01-01

    Full Text Available Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical part of the paper presents main characteristics of the notion of recognition, as presented in main international law theories - declaratory and constitutive theory. Other part of the paper is focused on the recognition in the case of Kosovo. Within this part, main constitutive elements of state are elaborated, with special attention to Kosovo as self-proclaimed state. Conclusion is that Kosovo does not fulfill main constitutive elements of state. It is not an independent and sovereign state. It is in the status of internationalized entity, with four international missions on the field with competencies in the major fields of state authority - police, judiciary system, prosecution system, army, human rights, etc. Main normative framework for the status of Kosovo is still the UN Resolution 1244. It is also the legal ground for international missions, confirming non-independent status of Kosovo. States that recognized Kosovo despite this deficiency promote the constitutive theory of recognition, while states not recognizing Kosovo promote declaratory theory. Brussels Agreement, signed by representatives of Serbia and Kosovo under the auspices of the EU, has also been elaborated through the notion of recognition - (1 whether it represents recognition; (2 from the perspective of consequences it provokes in relations between Belgrade and Pristina. Official position of Serbian

  1. Criminal law in the Bible

    OpenAIRE

    Pikov, G.

    2010-01-01

    The Old Testament criminal law, especially its moralizing attitude to state and private violence, crime and punishment, can be ranked among the most important sources of Medieval and Modern jurisprudence. The article analyses basic cultural preconditions of the formation and evolution of Judeo-Christian legal theory, peculiarities of criminological thinking in Judaism and Christianity, causes and effects of the fundamental ties between religion and law in traditional societies, and possible c...

  2. Accessing Legal Information in Catalonia. Open Acces to Legislation and Case Law

    OpenAIRE

    Morante Vallejo, Montse; Sanpera Izoard, Patrícia

    2013-01-01

    The article outlines free online legal resources to conduct research on Catalan and Spanish legislation and case-law. Most of these resources are primary sources made public by government bodies. The list shows how the Spanish and Catalan governments, in their attempt to promote equal access to legislation and case-law, cover the different jurisdictions. The text also mentions some resources to conduct historical legal research about legislation and case law, and some free legal private websi...

  3. 有别于法理学的法哲学探源%On Legal Philosophy Distinguished from Jurisprudence

    Institute of Scientific and Technical Information of China (English)

    黄杨

    2012-01-01

    从自然哲学中分化出来的法哲学作为"正义的学说",不但是对"法应当是什么"或"正当法"的问题的讨论和追问,不只是回答什么是"正义"(正当法),而是探究如何才能甄别并实现正当法。这种充满主体性及形而上的法哲学有别于"法律教义学"(法律释义学或法律解释学)——法理学。作为实在法理论的法律教义及其解释学不是"学问",即不是学理探源与追问,而是"学术",即学理释义和致用。法哲学及其"应然"的自然性不应该是实在法学及其判例的研究内容,而是形而上的"学问"。作为一门形而上"学问"的法哲学不是法学分支学科,而是哲学的一个分支学科。%As a branch of natural philosophy,the legal philosophy is the science of justice,not only an discussion about and an exploration into the question of "what ought the law to be",answering the question of "what is justice(the ought-to-be law)",but also a probe into how to identify and realize the ought-to-be law.The legal philosophy,due to its subjectivity and metaphysics,is different from jurisprudence,i.e.legal dogmatics,or legal interpretation.The legal dogmatics as positive jurisprudence is not academic,not an inquiry into the origin of law,but a learning,or an interpretation of the legal doctrines and their application.Legal philosophy,together with its nature of ought-to-be,should not be the subject of positive jurisprudence research and judicial practice,but a metaphysical study,a branch of philosophy instead of a branch of law.

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

    OpenAIRE

    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.

  5. 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.

  6. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    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 these...... 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...... contradictory tendencies? In what direction did the jurisprudence of the Court develop until 1958? How did the Court function internally? These questions will be addressed on basis of hitherto unused archival documentation that cast new light on the inner development of a Court of Justice of the ECSC and thus...

  7. 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.

  8. 29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

    Science.gov (United States)

    2010-07-01

    ... hearing to state their respective positions concerning any issue in the case or theory in support thereof... settlement negotiations. In exercising his or her discretion, the chief or associate chief judge making the... consolidated or severed prior to issuance of administrative law judge decisions; (9) To approve...

  9. Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists.

    Science.gov (United States)

    Simon, Leonore M J; Ellwanger, Steven J; Haggerty, John

    2010-01-01

    Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for

  10. 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

  11. REFLEXÕES TEÓRICO-METODOLÓGICAS SOBRE A CIÊNCIA JURÍDICA E SEU OBJETO / THEORETICAL AND METHODOLOGICAL REFLECTIONS ON JURISPRUDENCE AND HIS SUBJECT

    Directory of Open Access Journals (Sweden)

    Luis Fernando Sgarbossa

    2015-04-01

    Full Text Available The present article proposes to problematize, from an interdisciplinary dialog that focuses on the fields of Anthropology, History and Sociology, the object and the methods of contemporary Jurisprudence, looking for the redeeming of the value of thoughts from authors such as Eugen Ehrlich and Julius Hermann Von Kirchmann. The article makes some critical reflections on the reductionist conception of law based on positivism, in legalism and statism, advocating a broad concept of law, recognized as a rich human and social phenomenon. On the basis of the thought of Paolo Grossi, it proposes a ransom of ordinamental vision of law, in place of merely compulsory existing conception. The study presents a criticism to the purely technological approach of law, for the sake of a methodological reset that boosts the juridical science, and argues that the withdrawal of myths, as the legal monism, may contribute to the future Jurisprudence not to succumb in front of the strict positivism, the officialism and the strict technicality.

  12. Between disorder and order: A case study of power law

    Science.gov (United States)

    Cao, Yong; Zhao, Youjie; Yue, Xiaoguang; Xiong, Fei; Sun, Yongke; He, Xin; Wang, Lichao

    2016-08-01

    Power law is an important feature of phenomena in long memory behaviors. Zipf ever found power law in the distribution of the word frequencies. In physics, the terms order and disorder are Thermodynamic or statistical physics concepts originally and a lot of research work has focused on self-organization of the disorder ingredients of simple physical systems. It is interesting what make disorder-order transition. We devise an experiment-based method about random symbolic sequences to research regular pattern between disorder and order. The experiment results reveal power law is indeed an important regularity in transition from disorder to order. About these results the preliminary study and analysis has been done to explain the reasons.

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

    OpenAIRE

    Patricio Rubio

    2013-01-01

    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.

  14. 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.

  15. Role of the case law to ensure judicial power

    Directory of Open Access Journals (Sweden)

    Pesudovs A.

    2014-01-01

    Full Text Available The research substantiates the need for uniform court practice, by underscoring the importance of it in complying with uniform administration of justice, increase of procedural economy and effectiveness, and ensuring indivisibility of judicial power. Practical part of the research is constituted by study of the practice of the application of laws in the judicial system of the Republic of Latvia. Focus is on the decisions on undisputed compulsory execution of obligations. For more objective substantiation of the problem also other adjudications are analysed with regard to essential civil law matters.

  16. 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.

  17. Professional service operations management: the case for leaner law

    OpenAIRE

    Reid, Iain; Bamford, David

    2016-01-01

    This paper examines lean thinking within legal service network (client, solicitors, barristers, external parties, and judiciary) in order to develop a theoretical framework for Leaner Law. Resource Based View (RBV) is used as the core theoretical framework to address leanness in the eight UK legal service disciplines. The purpose of this paper is to trace the value add through the legal profession.

  18. Recent Legislation and Case Law in the EEC on Sex Equality in Employment.

    Science.gov (United States)

    Landau, C. E.

    1984-01-01

    Examines recent progress under European Economic Community (EEC) and national law towards equality of opportunity and treatment in employment. The first part deals with decisions of the EEC Court of Justice; the second part depicts legislation and case law in the 10 member countries. (SK)

  19. 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 of...... fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which 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...

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

    OpenAIRE

    Gemma Geis Carreras

    2012-01-01

    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...

  1. Environmental protection and international law: the case of nuclear energy

    International Nuclear Information System (INIS)

    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)

  2. 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...

  3. INTERNATIONAL LAW AND INTERNATIONAL ORGANIZATIONS: THE LEGACY OF THE TWENTIETH CENTURY

    OpenAIRE

    PARISH MATTHEW

    2014-01-01

    The growth in international law is not just a matter of an ever-increasing number of treaties. There has also been a considerable growth in what is known as "customary international law" being the writings of scholars, principles of international law that grow out of the jurisprudence of international courts and tribunals, and the writings of international organizations themselves. Like all forms of law, international law is susceptible to interminable growth. Unlike other branches of law, it...

  4. Evapotranspiration computed by Darcy?s Law: Sudan case study

    OpenAIRE

    Abdalla, O. A. E.

    2005-01-01

    The present study applies Darcy's Law to compute evapotranspiration in the arid to semi-arid central Sudan. The average decline in groundwater level (s) along a distance (L) of the aquifer's cross section was calculated. Such decline is a function of discharge Q at any point across the unit width of the aquifer and effective porosity. Groundwater in the study area generally flows from NW to the SE along basin axial trough and is characterized by variable hydraulic gradient. As the aquifer dis...

  5. The Fundamental Concept of a 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...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

  6. The orthodontist′s responsibility and the bioethical aspects in the current jurisprudence

    Directory of Open Access Journals (Sweden)

    Ademir Franco

    2012-01-01

    Full Text Available Context: The orthodontists usually have to manage patient′s expectations and treatment plans at the same time. Consequently, the civil responsibility and the bioethics involved on orthodontic routine are matters of relevance. Therefore, the importance of adequate conducts is addressed in this research. Aim: The present aim is to analyze the tendency of the courts judging the orthodontists′ responsibility and to observe the bioethical aspects on the current jurisprudence. Materials and Methods: The sample consisted of 108 lawsuits related to the orthodontist′s civil responsibility, dated from 2003 to 2009. The qualitative data were obtained by the Bardin′s method for detailed reading. The quantitative collection was performed by observing statistical distribution of the following variables: (1 reason of the complaint against the orthodontist, (2 type of obligation designated to the professional, (3 presence of expert′s examination, and (4 jury decision. The correlations between the jury decision and the other variables were verified by applying the Chi-square test. Results: The main reason of the complaints against the orthodontist was the personal dissatisfaction (32%. Subjective and objective obligations had pair incidence (26% and 27%, respectively. The experts′ examination was present in 63, 89%, of the cases, and the jury decision acquitted 57, 78%, of the orthodontists. The passages involving bioethical principles supported properly the qualitative approach. Conclusion: The orthodontists show deviations from the correct daily attitudes. In order to avoid further conflicts, more attention must be given to the principles of bioethics.

  7. 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.

  8. 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.

  9. 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.

  10. 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…

  11. CASES OF INDIRECT EXPROPRIATION IN INTERNATIONAL ECONOMIC LAW

    Directory of Open Access Journals (Sweden)

    LAURA-CRISTIANA SPATARU-NEGURA

    2012-05-01

    Full Text Available Unforeseen difficulties arise along with the government measures whose object is not to expropriate or to nationalize the foreign investment, but to deprive the foreign investors of the rights attached to their investments. These measures are generally known as measures of indirect expropriation or nationalization. When asked about what falls into the concept of indirect expropriation, a simple answer can not be given easily, but the circumstances in which these measures may occur can be described and discussed. These measures could be grouped as follows: forced sale of property; forced sales of shares of an investment through a corporate vehicle; indigenization measures; taking control of investment management; determination of others to take physical property; failure to provide protection when there is interference with the foreign ownership; administrative decisions that cancel licenses and permits required for foreign businesses to operate in the host state; exorbitant taxation; the expulsion of the foreign investor contrary to the international law; harassment (e.g. freezing of the bank accounts. This paper therefore argues that in practice there are many situations which may be analysed as measures of indirect expropriation.

  12. Applicable Laws in ICSID Arbitration: Direct application of international law and its implications (Japanese)

    OpenAIRE

    KOMETANI Kazumochi

    2008-01-01

    The purpose of this paper is to demonstrate, through the analysis of arbitration awards, that in investor-state arbitration under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention"), it has been permissible for claims to be directly based on international law even if it is not specifically designated as the applicable law, and to identify the problems and limits of this jurisprudence.First, it is not only what substantive p...

  13. Recent Cases: Administrative Law--Occupational Safety and Health Act

    Science.gov (United States)

    Harvard Law Review, 1976

    1976-01-01

    Implications of the Occupational Safety and Health Act of 1970 are described in two cases: Brennan v. Occupational Safety and Health Review Commission (Underhill Construction Corp.), and Anning-Johnson Co. v. United States Occupational Safety and Health Review Commission. (LBH)

  14. Application of generalized Snoek's law over a finite frequency range: A case study

    Science.gov (United States)

    Rozanov, Konstantin N.; Koledintseva, Marina Y.

    2016-02-01

    Generalized Snoek's law proposed in an integral form by Acher and coauthors is a useful tool for investigation of high-frequency properties of magnetic materials. This integral law referred to as Acher's law allows for evaluating the ultimate performance of RF and microwave devices which employ magnetic materials. It may also be helpful in obtaining useful information on the structure and morphology of the materials. The key factor in practical application of Acher's law is an opportunity to employ either measured or calculated data available over a finite frequency range. The paper uses simple calculations to check the applicability of Acher's law in cases when the frequency range is limited and the magnetic loss peak is comparatively wide and has a distorted shape. The cases of large magnetic damping, pronounced skin effect, and inhomogeneity of the material are considered. It is shown that in most cases calculation of the integral through fitting of actual magnetic frequency dispersion by the Lorentzian dispersion law results in accurate estimations of the ultimate high-frequency performance of magnetic materials.

  15. The Exercise of Religious Freedom in Educational Institutions in the Light of ECtHR Jurisprudence

    Directory of Open Access Journals (Sweden)

    Regina Valutytė

    2012-12-01

    Full Text Available The implementation of the freedom of religion or belief in educational environment, in particular the use of religious symbols and obligatory religious education, has been, and continues to be, a matter of controversy and discussion in a number of countries. A number of cases brought before the ECtHR concerning the application of Article 9 of the Convention and Article 2 of Protocol 1 of the ECHR show that parties to the ECHR still face difficulties in guaranteeing religious freedom in the educational environment consistently with the requirements of the ECHR, the analysis of which is the core of the Article. The majority of European states seek to avoid indoctrination in state education and teaching by offering exemption mechanisms or lessons in substitute subjects, or by giving pupils the choice of whether or not to sign up to a religious studies class. However, as it is clear from the jurisprudence of the ECtHR, the exemption or choice itself does not guarantee that in practice the Member States ensure an education consistent with religious convictions in line with the requirements set forth explicitly and implicitly in Article 2 of Protocol No. 1 and Article 9 of the ECHR. Furthermore, in the majority of cases regarding the display of religious symbols, the ECtHR justified the interference as ‘necessary in a democratic society’ in pursuance of the legitimate aim of protecting the rights and freedoms of others and of public order. However, the Court’s findings in the cases concerning Islamic symbols, on the one hand, and Christian religious symbols, on the other hand, raise a discussion about ‘double standards’ applicable to the different religions.

  16. 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.

  17. 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. 

  18. Case law: France, Germany, India, Switzerland, United States

    International Nuclear Information System (INIS)

    France: Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF's permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas; Conseil d'Etat decision regarding Atelier de technologie de plutonium (ATPu) located at the Cadarache site. Germany: Request for arbitration against Germany at the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) because of Germany's legislation leading to the phase-out of nuclear energy. India: Cases related to the Kudankulam Nuclear Power Project (KKNPP). Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Inc. on the revocation of the operating licence for the Muehleberg nuclear power plant. United States: Judgement of the Court of Appeals for the D.C. Circuit vacating the NRC's 2010 Waste Confidence Decision and Rule Update; U.S. Supreme Court declines petition for certiorari filed by property owners on Price- Anderson Act claim for damages; Judgement of the NRC Atomic Safety and Licensing Board finding applicants ineligible to obtain a combined license because they are owned by a U.S. corporation that is 100% owned by a foreign corporation; Judgement of an NRC Atomic Safety and Licensing Board Authorizing Issuance of a license for the construction and operation of a commercial laser enrichment facility

  19. A review of recent NEPA alternatives analysis case law

    International Nuclear Information System (INIS)

    According to the Council on Environmental Quality (CEQ) Regulations for implementing the National Environmental Policy Act (NEPA), the analysis and comparison of alternatives is considered the 'heart' of the NEPA process. Although over 20 years have passed since the original mandate appeared to construct and assess a 'reasonable range' of alternatives contained in the CEQ Regulations, there is a perception that there is still a significant amount of confusion about what exactly constitutes a legally-compliant alternatives analysis. One manifestation of this confusion is the increasing amount of litigation over the alternatives analysis in NEPA documents. This study examined decisions on challenges to alternative analyses contained in federal agency NEPA documents in federal Courts of Appeals for the ten-year period 1996-2005. The results show that federal agencies are overwhelmingly successful against such challenges - winning 30 of the 37 cases. The most common challenge was that federal agencies had not included a full reasonable range of alternatives, while the second most frequent was that agencies had improperly constructed their purpose and need for their projects. Brief descriptions of several of the key court decisions are provided that illustrate the main factors that led to agencies being successful, as well as being unsuccessful, in their court challenges. The results provide little support for recent calls to amend the NEPA Statute and the CEQ Regulations to better clarify the requirements for alternatives analysis. The conclusion to the study focuses on practical steps NEPA practitioners can take to prepare their alternatives analyses in a manner that fulfills the requirements of the NEPA Statute and Council on Environmental Quality (CEQ) Regulations and makes them less vulnerable to an unfavorable court decision if legally challenged

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

    NARCIS (Netherlands)

    J. Luzak

    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

  1. 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 press and…

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

    Directory of Open Access Journals (Sweden)

    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.

  3. The Role of Natural Law after World War II (Case of Nuremberg Trial

    Directory of Open Access Journals (Sweden)

    Irisi TOPALLI

    2015-03-01

    Full Text Available Natural law is a set of inherent rights, based on the nature and existence of every man. Everyone has equal natural rights (such the right to live and physical inviolability or personal freedom irrespective of gender and his age, his position in society, time, place and order the state in wich he lives. Such as natural law is one universal right, applicable to all men and all times. Natural rights are pre and on- state, and therefore inalienable right of “permanent”. They differ from law and other legal norms, historically variable, set by the state (positive law. In this study we will be to stop the influence of natural law after World War II, since this is the period in which it had a great influence, especially in regard to the doctrine of international law and human rights. Focus of the study will also be its role in postwar national courts and especially the case of International Court of Nuremberg.

  4. The Islamist Trend in Egyptian Law

    OpenAIRE

    Tamir Moustafa

    2010-01-01

    The past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that i...

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

    International Nuclear Information System (INIS)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  7. Place Of Canon Law Of The Russian Empire In The System Io Humanitarian

    OpenAIRE

    Alexandra A. Dorskaya

    2014-01-01

    In the present article author examines place of canon law in the system of humanitarian sciences in the Russian Empire at the end of XVIII - early XX centuries. Author reveals interaction of canon law with philosophy, philology, jurisprudence. In particular, author shows influence of various philosophical schools on the development of the canon law science, value of foreign researches translation for the development of national science of canon law starting from the end of the XVIII century. ...

  8. Case Law

    OpenAIRE

    OECD; Nuclear Energy Agency

    2010-01-01

    Belgium – Constitutional Court ruling on nuclear taxes (2010) Brazil – Federal Court ruling on partial licence for works at Angra III (2009) Canada – Federal Court decision respecting intellectual property and trade mark infringement action: Atomic Energy of Canada Ltd. v Areva NP Canada Ltd (2009) United States – Judgement of a U.S. Court of Appeals on consideration of the environmental impacts of the risk of spent fuel pool fires (2009) Judgement of a U.S. Court of Appeals on a licence to p...

  9. Case law

    International Nuclear Information System (INIS)

    In Belgium the Constitutional Court ruled on nuclear taxes (2010). In Brazil, the Federal court ruled on partial licence for works at Angra 3 (2009). In canada, the Federal Court ruled about intellectual property and trade-mark infringement action, Atomic energy of Canada ltd. against Areva Nc Ltd. Concerning Usa, U.S. Court of Appeals ruled on consideration of the environmental impacts of the risk of spent fuel pool fires (2009), and on a licence to perform in situ leach uranium mining (2010). (N.C.)

  10. 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…

  11. Tackling Illegal Activities Through Tax Law – Al Capone Case Study

    Directory of Open Access Journals (Sweden)

    Kacaljak Matej

    2015-03-01

    Full Text Available This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper concludes that due to some, probably unintentional, specifics of Slovak tax and criminal law, Al Capone could not be convicted of tax evasion by the Slovak courts. In our opinion, these specifics do not, however, constitute material elements of the basic structure of Slovak tax and criminal law and could be relatively easily corrected.

  12. Stipulations of constitutional law governing the intensity of control of the case low of administrative courts

    International Nuclear Information System (INIS)

    In several decisions, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) has derived the necessity of full judicial control from the circumstance that certain administrative decisions are based on constitutional law, and held the assessment competence of public authorities given them by the administrative courts to be unconstitutional. These rulings throw up more questions than they answer. Their importance lies in the fact that, given a certain intervention intensity, they have, from positions of substantive constitutional law, consequences for court procedures. As concerns constitutional complaints proceedings, however, the BVerfG has until now hardly clarified when such a specific constitutional position is given. The uncertainty in this point will thus necessarily have its effect upon the scope and limitation of the intensity of judicial control, and will now make case law also procedurally unpredictable. (orig.)

  13. 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.

  14. The European Court of Justice case of Elgafaji: the interaction between EU law and international humanitarian law

    OpenAIRE

    Ispolinov A. S.

    2011-01-01

    This article focuses on the increasing influence of international court rulings on the development of new concepts within international law, in particular, the concept of subsidiary protection to persons who fall outside the scope of the 1951 Refugee Convention. The author also considers the issues related to the concept of indirect effect in EU law, as well as the interaction between the EU and international law.

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

    Directory of Open Access Journals (Sweden)

    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

  16. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  18. Law Company ERP Software Market Analysis of St. Petersburg and Stockholm - CASE: CSI Helsinki Oy

    OpenAIRE

    Miettinen, Marko; Hämäläinen, Mikko

    2010-01-01

    This study is a part of bachelor studies in Laurea University of Applied Sciences and was commissioned by the case company, CSI Helsinki. CSI Helsinki provides enterprise resource planning (ERP) and customer relationship management (CRM) solutions for the leading consulting businesses in Finland and focuses on leading law companies abroad. Since the first ERP systems were developed in the 1960s they have been used by companies to improve management of business functions and gain competiti...

  19. Tackling Illegal Activities Through Tax Law – Al Capone Case Study

    OpenAIRE

    Kacaljak Matej

    2015-01-01

    This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper conclu...

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

    Directory of Open Access Journals (Sweden)

    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.

  1. The ICC’s witness protective measures through the lens of policy-oriented jurisprudence

    OpenAIRE

    Kayuni, Steven William

    2015-01-01

    The protection of witnesses from intimidation or harm has become a firmly entrenched part of modern criminal justice systems. The ICC’s decision-making with regard to procedural and non-procedural protective measures has on one hand reinforced the integrity and success of the judicial process, while on the other hand has led to numerous interpretational and applicability challenges of both policy and legal framework. This article aims at designating policy-oriented jurisprudence as a possible...

  2. Chronic hepatitis C--assessment in civil law: a case study.

    Science.gov (United States)

    Santos, Bruno Miguel; Sousa, Paula; Mena, Filomena; Costa, Graça Santos; Corte-Real, Francisco; Vieira, Duarte Nuno

    2010-02-01

    This article describes the case of a 58-year-old man who asked for an assessment of physical damage of a civil nature, having been diagnosed with chronic hepatitis C for which he blamed a blood transfusion, supposedly contaminated with hepatitis C virus (HCV). After studying the documentary information, a number of presuppositions were drawn up with a view to determining the causal nexus, but this could not be proved. The assessment of situations like this is not common in civil law. This article is intended to add to the body of information on the forensic assessment of similar cases. PMID:20129431

  3. The Impact of the Lisbon Treaty on EU Competition Law: A Review of Recent Case Law of the EU Courts

    OpenAIRE

    Ben Van Rompuy

    2011-01-01

    Since the Lisbon Treaty came into force on December 1, 2009, there has been no Treaty provision proclaiming adherence to the principle of undistorted competition. Ben Van Rompuy (Georgetown Univ. Law Center)

  4. The World Court’s Ongoing Contribution to International Water Law: The Pulp Mills Case between Argentina and Uruguay

    OpenAIRE

    2011-01-01

    The judgment of the International Court of Justice in the Pulp Mills (Argentina v. Uruguay) case makes a very important contribution to international law relating to shared international water resources and to international environmental law more generally. It does much to clarify the relationship between procedural and substantive rules of international environmental law. The Court linked interstate notification of new projects to the satisfaction of the customary due diligence obligation to...

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

    Directory of Open Access Journals (Sweden)

    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.

  6. Controlled Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law

    OpenAIRE

    Miasik, Dawid

    2008-01-01

    This article presents the main issues relating to the goals of modern Polish competition law. It examines the relationship between the subject-matter of competition law, its function and its goals. It identifies various goals of competition law as well as their acceptance in the legal doctrine and jurisprudence. The study shows that the goals of Polish competition law have always been limited to enhancing efficiency and consumer welfare, with this latter term being understood i...

  7. 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.

  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 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.

  10. [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. PMID:11068471

  11. Forest law compliance and enforcement: the case of on-farm timber extraction in Ghana.

    Science.gov (United States)

    Hansen, Christian P

    2011-03-01

    The paper investigates law compliance in case of on-farm timber extraction in Ghana. It empirically investigates compliance with rules that (i) require timber operators to obtain prior and informed consent from the farmers, (ii) require timber operators to pay appropriate and timely compensation for crop damage caused by timber extraction and (iii) ban chainsaw lumbering. The study documents a low level of compliance in all three domains. Subsequently, the paper discusses the underlying causes for the observed low compliance. The low compliance level is attributed to a legislation, and enforcement, that provides huge financial incentives for non-compliance for both farmers and timber operators, and in the latter case both with and without legal permits. At the same time the regulation is perceived to violate their moral values. The paper underlines the interests of the political elite as decisive in shaping the current regulation and the way it is implemented on the ground. It asserts that eliciting compliance requires consideration of both the instrumental and normative perspectives; else it becomes illusive. The study thus challenges the typical response of governments in developing countries, who, supported by donor agencies, attempt to elicit compliance through enhanced law enforcement efforts. The results presented on the Ghana case suggest that such an approach is unlikely to elicit compliance. PMID:20970919

  12. CASE LAW ON THE CRIME OF TORTURE FROM COURTS OF APPEAL IN BRAZIL (2005-2010)

    OpenAIRE

    Maria Gorete Marques de Jesus; Mayara de Souza Gomes; Nathercia Cristina Manzano Magnani; Paula Rodrigues Ramos; Vivian Calderoni

    2016-01-01

    This paper presents the results from the research entitled Case law on the Crime of Torture from Courts of Appeal in Brazil (2005-2010), which collected data on the judgments of Brazilian appellate courts regarding lawsuits on the crime of torture. From this empirical material, it was possible to obtain information such as: the profile of the accused and the victim, the place of the torture, the purpose of the torture, the arguments that lead to the decision and the relationship between the d...

  13. Do Easy Cases Make Bad Law? Antitrust Innovations or Missed Opportunities in United States v. Microsoft

    OpenAIRE

    Brennan, Timothy J.

    2002-01-01

    Much has been said and written regarding the legal and economic merits of U.S. v. Microsoft and the practicality of antitrust in high technology industries. The focus here is what this prominent case says about the role of economics in general, and in particular, "post-Chicago" approaches. Is antitrust economics and law on a progressive path, producing more refined analyses of industrial practices? Or is the path more like that of a pendulum, with doctrines coming back in style that had once ...

  14. Calculation of first-law and second-law-efficiency of a Norwegian combined heat and power facility driven by municipal waste incineration – A case study

    International Nuclear Information System (INIS)

    Highlights: • Calculation of first and second law efficiencies of a waste incineration plant. • The waste was modelled as a fictive substance with composition C6H10O2.41N0.1S0.01. • Different methods for calculating the chemical exergy of the waste were compared. • Energy utilization was found to be 40.6% and the second law efficiency is 17.3%. • Underestimation of moisture content leads to significantly lower efficiencies. - Abstract: Both first-law and second-law-efficiency of a combined heat and power plant were calculated. The plant is located in Bergen, Norway. Both household and industrial waste is converted into electricity and district heating by incineration. The fictive molecule C6H10O2.41N0.1S0.01 represents the average chemical composition of the waste. The chemical exergy of the waste is calculated in several different ways. Calculations of chemical exergy based on the heating value and entropy change during combustion are compared to direct calculation by means of correlation functions. The results obtained with the different methods are in good agreement. Based on the lower heating value of the waste an energy utilization factor of 40.6% is found for the combined heat and power plant in this case study. Its second-law-efficiency is 17.3%. The effect of moisture in the incinerated waste on the different efficiencies is investigated as well. It appears that analyses of the waste composition seem to underestimate the total moisture in the waste burnt in the incinerators. This in turn underestimates the actual efficiencies and the second law efficiency could be at 20% or more in the presented case

  15. THE APLICATION OF ISLAMIC LAW IN INDONESIA: The Case Study in Aceh

    OpenAIRE

    Kamaruzzaman Bustamam-Ahmad

    2007-01-01

    This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial govern...

  16. 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

  17. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    International Nuclear Information System (INIS)

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW)

  18. The Islamist Trend in Egyptian Law (SWP 2)

    OpenAIRE

    Moustafa, Tamir

    2010-01-01

    The past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article two of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that...

  19. Law, Politics and Markets of Corporate Governance: Institutional Investors' Influence

    OpenAIRE

    Carniglia, Stephen Davis

    2013-01-01

    AbstractLaw, Politics and Markets of Corporate Governance:Institutional Investors' InfluencebyStephen Davis CarnigliaDoctor of Philosophy in Jurisprudence and Social PolicyUniversity of California, BerkeleyProfessor Robert A. Kagan, Chair This dissertation research project examines the role of institutional investors in influencing the corporate governance rules applicable to U.S. public companies, through an interview study of institutional investors and their expert corporate governance adv...

  20. Mens rea - Mistake of law & mistake of fact in German criminal law: A survey for international criminal tribunals

    OpenAIRE

    Badar, ME

    2005-01-01

    More than a decade has passed since the establishment of the two ad hoc Tribunals, however, the jurisprudence of both Tribunals evidence the inconsistency regarding the requisite mens rea standards for serious violations of international humanitarian law. Hence, a survey of the attitude taken towards the definition of the major facets of mens rea by the world major legal systems is of great significance with regard to the establishment of a unified concept for mens rea in international crimi...

  1. On Jurisprudence Base and Dispute Settlement of Global Public Health Governance%公共卫生全球治理的法理基础与争端解决

    Institute of Scientific and Technical Information of China (English)

    赵洲

    2011-01-01

    It is necessary to establish certain principle of international law and jurisprudence base to effectively guide and push global public health governance, and "Responsibility to Protect" might be possible jurisprudence guidance and method. Therefore, the connotation of "Responsibility to Protect"n global public health governance must be explored in the international society. To settle various disputes in question, "sponsibility to Protect" all be applied according to different situations.%为有效地指导和推进公共卫生全球治理,需要确立必要的国际法原则和法理基础,“保护的责任”将成为一种可能的法理指导和方法。为此,国际社会应当在公共卫生全球治理领域形成“保护的责任”的特有内涵。对于公共卫生全球治理中的各种争端,可根据不同的争端情形适用“保护的责任”予以应对处理。

  2. 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...

  3. Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia (SWP 12)

    OpenAIRE

    Moustafa, Tamir

    2011-01-01

    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...

  4. Distinctinction betweeen the concepts mediation, conciliation, sulh and arbitraion in Shari'ah law

    OpenAIRE

    Alsheikh, Essam

    2011-01-01

    Nowadays, international trade with Islamic countries, specifically the Gulf States (GCC), is increasing and the Western World is beginning to show an interest in Islamic jurisprudence regarding commercial transactions, from which most rules on commercial laws in Islamic countries are derived. Such outside interest is associated with increasing calls from within Islamic countries in the Middle East for a return to Sharīʿah law as source of jurisdiction in all aspects of life. The most signific...

  5. Law, Corporate Governance and Financial System: Econometric Analysis of French Case

    OpenAIRE

    Régis Blazy; Afef Boughanmi; Bruno Deffains; Jean-Daniel Guigou

    2008-01-01

    The World Bank reports « Doing business » (2004, 2005 and 2006), referring to the main assumptions and findings of the « law and finance » theory, predict that the common law system provides better basis for financial development and economic growth than French origin civil law. This paper challenges the « law and finance » theory supported by La Porta, Lopez-de-Silanes, Shleifer and Vishny (LLSV). Thus, it undergoes an empirical investigation of the role of corporate governance in financial ...

  6. 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.

  7. The impact of the law on consultation practices and purpose: A case study of Aboriginal cultural heritage consultations in NSW

    Directory of Open Access Journals (Sweden)

    Kylie Lingard

    2012-08-01

    Full Text Available Consultation research to date has largely concentrated on how consultation practices generally serve only the purpose of procedural compliance. This article identifies and explores the gap in existing research on the impact of law on consultation practices and purposes. To explore current practices and the potential contribution of law to the nature of consultation practices, the article focuses on the NSW duty to consult Aboriginal people before permitting harm to Aboriginal cultural heritage. Conventional regulatory approaches to consultation assume that Aboriginal interests are accommodated by the same consultation strategies applied to other stakeholders in rural law and policy. This article uses an administrative law doctrinal research approach to identify the specific issues and requirements for Aboriginal consultation relating to cultural heritage. Consideration is given to the effectiveness of the case study consultation requirements, the duty design, and the recent Land and Environment Court judgment of Ashton Coal Operations Pty Limited v Director-General, Department of Environment, Climate Change and Water. The article argues that statutory consultation requirements and purposes can, and should, be taken more seriously. The law reform discussion highlighted in the paper considers how identified consultation requirements can be incorporated into Australian Cultural Heritage legislation, and the possible impact of such incorporation on the purpose of the consultation. More broadly, the law reform discussion indicates that when consultation requirements are tailored to suit the purpose of the consultation and the consultation parties, the law can play a positive role in consultation, engagement and capacity building.

  8. Roe v. Wade and the lesson of the pre-Roe case law.

    Science.gov (United States)

    Morgan, R G

    1979-08-01

    The attempt is made in this discussion to demonstrate that the Supreme Court in deciding the Roe v. Wade case should not have decided an abortion case when it did and that the opinion was almost destined to be bad in that the Court could find no persuasive rationale in the pre-Roe cases for each of the points in its decision. In 1973 political forces were actively debating abortion. Abortions had been prohibited by most states, except to save a woman's life, since the 19th century. In the 5 years immediately preceding Roe, 13 states had revised their statutes to resemble the Model Penal Code's provisions, which permitted abortions if the pregnancy threatened the woman's life, if it would gravely impair her physical or mental health, if it resulted from rape or incest, or if the child would be born with grave physical or mental defects. 4 states had removed all restrictions on the permissible reasons for seeking an abortion before a pregnancy passed specified lengths. In short, in many states the political process had yet to decide on abortion, but Roe's rejection of Texas's statute voided almost every other state's statutes as well. Between 1970 and 1972, a flurry of constitutional challenges hit the courts. 3 years was hardly sufficient time for the judicial system to evolve sound analysis for such an emotionally charged issue as abortion. The Court could justifiably have allowed the dispute to simmer longer in the lower courts. There is some indication that a sounder case law might evolved if given time, but that was prevented by Roe. The Court could not find a rationale in 1973, but it decided anyway, suggesting a legislative rather than a judicial process. PMID:10245969

  9. 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.

  10. 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. PMID:16488063

  11. An examination of stakeholder attitudes and understanding of therapeutic jurisprudence in a mental health court.

    Science.gov (United States)

    Lim, Loraine; Day, Andrew

    2016-01-01

    Mental health courts represent a key component of contemporary responses to mental illness and disability in the criminal justice system, and yet there is uncertainty about how these courts should balance their punishment and treatment roles. This paper reports an analysis of interviews with court professionals which considers their understanding of the rationale underpinning an Australian mental health court, its effectiveness in achieving its criminal justice and clinical goals, and of broader notions of therapeutic jurisprudence. This reveals considerable support for diversionary mental health court programs of this type and professional confidence that this type of program is effective. However, the analysis also highlights conflict in the practice frameworks of the different professional groups who regularly contribute to the operations of the court. Suggestions to enhance service delivery are offered. PMID:27044525

  12. THE LAWFUL EXECUTION OF EMPLOYER RIGHTS IS AN IMPORTANT SUBSYSTEM OF CORPORATE GOVERNANCE (A LABOUR CASE STUDY)

    OpenAIRE

    Zoltan Imre Nagy; Viktor Valo

    2013-01-01

    In the world of work, the political transition created a difficult situation in Hungary which has become even less favourable in the 2010s. Employees are exposed to numerous infringements. The case study presented at previous MEB conferences and continued herein illustrates the vulnerability of employees. The case study provides an excellent opportunity for the presentation of the special Hungarian labour law (the conclusion of an employment relationship, payment of wages, performance of work...

  13. Public Deliberation and Decision-making Processes: the Case of Tuscan Regional Law and Citizen Partecipation

    OpenAIRE

    Floridia Antonio

    2008-01-01

    Tuscany Region has recently approved a regional law aiming to promote new forms and channels of citizen participation in public decision-making processes. The article analyses the origins and the political objectives of this law and the wide participative process by which the law itself was devised. The scenario in which this project was conceived is that of a region, such as Tuscany, still characterized by a high level of "social capital", but with an increasing risk of erosion to its tradit...

  14. 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.

  15. 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

    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。%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.

  16. 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。

  17. 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

  18. 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.

  19. Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law

    Directory of Open Access Journals (Sweden)

    L du Plessis

    2009-12-01

    Full Text Available This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly eccentric claims of (assumedly idiosyncratic 'religious Others'. Developments in this regard have, for the time being at least, culminated in the Constitutional Court's landmark judgment in MEC for Education: KwaZulu Natal v Pillay 2008 (2 BCLR 99 (CC, 2008 (1 SA 474 (CC (hereafter Pillay. Constitutional Court judgments since 1997 manifesting the adjudication of such unconventional claims are assessed, eventually getting to Pillay as benchmark. This remarkable judgment, dealing with a deceptively mundane issue, has played a considerable role in fleshing out a jurisprudence of difference, putting an adherent of a vulnerable, minority religion in the right. This is not just a high point in the adjudication of constitutional entitlements of the religious (and cultural Other in South Africa, but also a significant contribution to the growth of a jurisprudence sensitive to the predicaments and constitutional entitlements of unconventional, 'non-mainstream' claimants of religious (and cultural rights. Finally Pillay illustrates that the constitutional guarantee of the right to freedom of religion, conscience, belief and opinion (entrenched in section 15(1 of the Constitution of Republic of South Africa 1996 can be crucially dependent upon due effect being given to the proscription of unfair discrimination on the grounds of religion, conscience, belief and opinion elsewhere (namely in section 9(3 of the Constitution.

  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 World Court’s Ongoing Contribution to International Water Law: The Pulp Mills Case between Argentina and Uruguay

    Directory of Open Access Journals (Sweden)

    Owen McIntyre

    2011-06-01

    Full Text Available The judgment of the International Court of Justice in the Pulp Mills (Argentina v. Uruguay case makes a very important contribution to international law relating to shared international water resources and to international environmental law more generally. It does much to clarify the relationship between procedural and substantive rules of international environmental law. The Court linked interstate notification of new projects to the satisfaction of the customary due diligence obligation to prevent significant transboundary harm. It found that environmental impact assessment (EIA is an essential requirement of customary international law in respect of activities having potential transboundary effects. The real significance of the judgment is that it held that the duty to notify, and the related duty to conduct an EIA taking account of transboundary impacts, exist in customary international law and thus apply to all states, not just those that have concluded international agreements containing such obligations. The Court confirmed that for shared international water resources, the principle of equitable and reasonable utilisation, universally accepted as the cardinal rule of international water law, is virtually synonymous with the concept of sustainable development, and suggests that considerations of environmental protection are absolutely integral to the equitable balancing of interests involved. The judgment makes it clear that the principle of equitable utilisation ought to be understood as a process, rather than a normatively determinative rule. This ought to help to address widespread confusion about the nature of the key rules and principles of international water resources law and its role in the resolution of water resources disputes and in environmental diplomacy more generally.

  2. 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.

  3. 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.

  4. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    Directory of Open Access Journals (Sweden)

    Seyed Mohammad Tabatabaei Nejad

    2015-05-01

    Full Text Available For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the time, more gates have been opened for arbitration and it got not only a private means but a way in which both private and public interests are secured. The public interests so are factors that shall be precisely considered to prevent the situation in which courts rejecting award in reviewing stage due to the fact that the public policy aspects of the case are not complied. In this article we scrutinize the challenges arbitration may encounter especially in respect of competition law in an international environment in respect of application of mandatory laws.

  5. Strasbourg Court Jurisprudence and Human Rights in Turkey: An Overview of Litigation, Implementation and Domestic Reform

    OpenAIRE

    Kurban, Dilek

    2015-01-01

    The central research question this report addresses is whether and if so to what extent the ECHR and the ECtHR case law served to enhance the protection in Turkey of human rights in general and minority rights in particular. In doing so, the critical role the EU accession process has played in this regard by exerting external political pressure on the Turkish Government will be evaluated as a major positive variable. The report assesses the nature of claims raised by minorities and minority r...

  6. 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).

  7. Integrating science, economics and law into policy: The case of carbon sequestration in climate change policy

    Science.gov (United States)

    Richards, Kenneth

    Carbon sequestration, the extraction and storage of carbon from the atmosphere by biomass, could potentially provide a cost-effective means to reduce net greenhouse gas emissions. The claims on behalf of carbon sequestration may be inadvertently overstated, however. Several key observations emerge from this study. First, although carbon sequestration studies all report results in terms of dollars per ton, the definition of that term varies significantly, meaning that the results of various analyses can not be meaningfully compared. Second, when carbon sequestration is included in an energy-economy model of climate change policy, it appears that carbon sequestration could play a major, if not dominant role in a national carbon emission abatement program, reducing costs of emissions stabilization by as much as 80 percent, saving tens of billions of dollars per year. However, the results are very dependant upon landowners' perceived risk. Studies may also have overstated the potential for carbon sequestration because they have not considered the implementation process. This study demonstrates that three factors will reduce the cost-effectiveness of carbon sequestration. First, the implementation costs associated with measurement and governance of the government-private sector relation are higher than in the case of carbon source control. Second, legal constraints limit the range of instruments that the government can use to induce private landowners to expand their carbon sinks. The government will likely have to pay private parties to expand their sinks, or undertake direct government production. In either case, additional revenues will be required, introducing social costs associated with excess burden. Third, because of the very long time involved in developing carbon sinks (up to several decades) the government may not be able to make credible commitments against exactions of one type or another that would effectively reduce the value of private sector investments

  8. The Long Haul Effects of Interest Arbitration: The Case of New York State's Taylor Law

    OpenAIRE

    Thomas Kochan; David B. Lipsky; Mary Newhart; Alan Benson

    2010-01-01

    The authors examine debates about the effects of mandatory interest arbitration on police and firefighters in New York State under the Taylor Law from 1974 to 2007. Comparing experience with interest arbitration in the first three years after the law was adopted with experiences from 1995 to 2007, the authors find that no strikes occurred under arbitration and that rates of dependence on arbitration declined considerably. Moreover, the effectiveness of mediation prior to and during arbitratio...

  9. A re-examination of the case for a locus standi rule in public law

    OpenAIRE

    Hough, Barry

    1997-01-01

    The doctrine of locus standi, or standing, determines the competence of a plaintiff to assert the matter of their complaint before the court. Since an individual lacking locus standi is an incompetent plaintiff, it follows that, in public law, government can exceed or abuse its powers with impunity provided no such "qualified" litigant seeks the intervention of the court. This appears directly in conflict with the constitutional requirement of legality. Public law is about imposing legal cont...

  10. Thirlwall’s Law: The Case of Turkey, 1987-2011

    OpenAIRE

    Ebru Aricioglu; Okyay UCAN; Taha Bahadir Sarac

    2013-01-01

    This study applies Thirlwall’s law to Turkish economy from 1987:Q1 to 2011:Q4 period using Autoregressive Distributed Lag (ARDL) model and Kalman Filter method. Turkish economy has balance of payments deficits for last three decades. According to Thirlwall’s law this deficits constrains countries’ growth rates and therefore when countries long term growth rates are analyzed the demand side of the economy and the balance of payment performance must be taken into account. The hypothesis of Thir...

  11. Law, dignity & socio-economic rights: the case of asylum seekers in Europe

    OpenAIRE

    Thornton, Liam

    2014-01-01

    This paper explores the interplay of dignity, law and rights as regards the socio-economic rights of asylum seekers. It does so by posing some questions as regards the extent to which this concept of 'reception' is preferable to the issue of socio-economic rights. This paper is not going to discuss the (rather depressing) situation in different EU member states; rather, this paper considers whether systems and processes of international and European human rights law offer heighted ...

  12. A retrospective study of New Zealand case law involving assisted reproduction technology and the social recognition of 'new' family.

    Science.gov (United States)

    Legge, M; Fitzgerald, R; Frank, N

    2007-01-01

    The New Zealand Human Assisted Reproductive Technology (HART) Act became law in 2004. In this article, we provide a retrospective analysis of New Zealand case law from September 1990 to March 2004, leading up to the creation of the HART Act. We examine the new understandings of parenting (developed through the routine use of ART in New Zealand) which the case law attempted to test. We examine these concepts against the previous understandings of family enshrined in the pre-existing legislation, which formed the basis for judicial rulings in the various cases to which we refer. In conclusion, we provide a brief summary of the 2004 HART legislation and draw comparisons between the old and new legislative and bureaucratic frameworks that define and support New Zealand family structure. We suggest that a change in cultural backdrop is occurring from the traditional western ideology of the nuclear family towards the traditional Maori concept of family formation, which includes a well-accepted traditional practice of guardianship and a more open and extended family structure. This 'new' structure reflects the contemporary lived experience of family kinship in western societies as individualized and open to choice. PMID:16963485

  13. The South African Constitutional Court Experience: Reasoning Patterns Based on Foreign Law

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2012-05-01

    Full Text Available This article aims to analyse the phenomenon of the diffusion of interpretive paradigms or argumentation models between constitutional courts. This phenomenon involves the importation of parameters - defined here as extra-systemic to a specific legal system - and the use of the comparative method in applying constitutional texts.The main subject of this study is the analysis of the first 11 years of South African constitutional jurisprudence, which is a convenient scenario since a constitutional provision enables the Constitutional Court to 'consider foreign law' when interpreting the Bill of Rights. In fact, this led to the wide use of foreign jurisprudence and legislation (from which were extracted argumentation models, patterns of balancing between principles and sometimes actual normative 'meanings': in other words, extra-systemic legal inferences. This article shows the existence of several patterns of legal argumentation based on foreign law which were developed by the South African Constitutional Court.

  14. (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

  15. 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. PMID:22834052

  16. Private or Public Law Enforcement? The Case of Digital Piracy Policies with Non-monitored Illegal Behaviors

    OpenAIRE

    Éric Darmon; Thomas Le Texier

    2014-01-01

    In the case of digital piracy should rights be publicly or privately enforced? The emergence of large-scale anti-piracy laws and the existence of non-monitored illegal channels raise important issues for the design of digital anti-piracy policies. In this paper, we study the impact of these two enforcement settings (public vs. private) in the presence of an illegal non-monitored outside option for users. Taking account of market outcomes, we show that in both cases, the optimal strategies of ...

  17. Interactions between Corporate Governance, Bankruptcy Law and Firms Debt Financing: the Brazilian Case

    Directory of Open Access Journals (Sweden)

    Bruno Funchal

    2008-07-01

    Full Text Available This paper examines the relationship between corporate governance level and the bankruptcy law for such debt variables as firms’ cost of debt and amount (and variation of debt. Our empirical results are consistent with the model's prediction. First, we find that the better the corporate governance, the lower the cost of debt. Second, we find that better corporate governance arrangements relate to firms with higher amounts of debt. Finally we find that better governance and harsher bankruptcy laws have a positive effect on debt. Moreover, this effect is stronger for firms with worse corporate governance, which indicates that the law works as a substitute for governance practices to protect creditors' interests.

  18. School Segregation under Color-Blind Jurisprudence: The Case of North Carolina. Working Paper 16

    Science.gov (United States)

    Clotfelter, Charles T.; Ladd, Helen F.; Vigdor, Jacob L.

    2008-01-01

    Using detailed administrative data for the public K-12 schools of North Carolina, we measure racial segregation in its public schools. With data for the 2005-2006 school year, we update previously published calculations that measure segregation by unevenness in racial enrollment patterns, both between schools and within schools. We find that…

  19. Right-to-Work Laws and State-Level Economic Outcomes: Evidence from the Case Studies of Idaho and Oklahoma Using Synthetic Control Method

    OpenAIRE

    Ozkan Eren; I. Serkan Ozbeklik

    2011-01-01

    The role of right-to-work laws on state economies, labor organizations and employees are controversial and important policy questions. Empirical evidence is far from being conclusive predominantly due to identification issues. Using a recently developed econometric technique and exploiting the two most recent cases, -Idaho and Oklahoma- we examine the effectiveness of right-to-work laws on state-level outcomes. Our results indicate that the passage of right-to-work laws in Oklahoma affected u...

  20. The World Court's emphasis on procedural rules in the recent Pulp Mills case: contributing to the progressive and coherent development of international water law

    OpenAIRE

    McIntyre, Owen

    2011-01-01

    The judgment of the International Court of Justice in the Pulp Mills (Argentina v. Uruguay) case makes a very important contribution to international law relating to shared international water resources and to international environmental law more generally. It does much to clarify the relationship between procedural and substantive rules of international environmental law. The Court linked interstate notification of new projects to the satisfaction of the customary due diligence obligation to...

  1. Sporting Justifications under EU Free Movement and Competition Law: The case of the football "transfer system"

    OpenAIRE

    Geoff Pearson; Pearson, G

    2015-01-01

    Governing bodies have significant autonomy in the organisation of professional sport in the EU, a situation now supported by Article 165 TFEU. However the post-Lisbon competence for sport does not grant any exemption for practices that infringe fundamental freedoms or competition law; such infringements can only be justified where they are a proportionate response to an inherent need in that sport. The football ‘transfer system’ has been the subject of a series of EU law chall...

  2. The Guardian of Societal Order:Adam Smith’s Discourse on Justice and Natural Jurisprudence%社会秩序的护卫者——亚当·斯密论“正义”与“自然法理学”

    Institute of Scientific and Technical Information of China (English)

    康子兴

    2012-01-01

    通过对"德性"以及"人性"的重新阐释,亚当·斯密颠覆了亚里士多德的经典命题,将"人是城邦的动物"改造为"人是社会的动物"。启蒙精神为斯密提供了重要的理论工具,他试图用一种情感主义的人性论和道德哲学来重构整个自然法理学体系,为其提供一个世俗化的理论基础,为国家行为、为立法者提供理论指引。"社会"是斯密整个学说体系的核心和基础,只有理解了"社会"与其自然法理学之间的关系,才能深入理解其政治经济学甚至国家理论的真正意涵。本文所要阐述的,正是"社会"对其自然法理学的意义及其因而呈现出来的结构和特点。%By re-interpreting the content of "virtue" and "human nature", Adam Smith denied Aristotle’s classical proposition that "man is by nature an animal of polis" and redefined it as "man is by nature an animal of society". He attempted to establish the natural jurisprudence system with the Novum Organum, the emotionalist human nature theory and moral philosophy. By doing so, he provided natural jurisprudence with a secular foundation, and the state and legislators with theoretical directions. Society was the core and foundation of his theoretical system. Only having mastered the relation between "society" and its natural jurisprudence could we obtain a deep understanding of its political economy and the true essence of the state theory. The aim of this paper is to explain the significance of "society" to its natural jurisprudence, and in turn, the structure and characteristics of the jurisprudence. In Smith’s natural jurisprudence, the relationship between society and state was reflected by that between "laws of justice" and "laws of police". State should meet the requirement of "natural society", making "laws of police" for governing the historical society, and dealing with its corruption, injustice and conflictions. The discovery of Society leads to

  3. 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

  4. 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...

  5. 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

    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...

  6. 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.

  7. 错误出生之侵权损害赔偿%Tort Law Compensation for Wrongful Birth Cases

    Institute of Scientific and Technical Information of China (English)

    2013-01-01

    Since“the Tort Liability Law”was published.Many scholars debate that if the cases of“wrongful birth”shuold bring into the scope of“Tort Liability Law”. In order to make the aggrieved party of the“Wrong-ful birth”case can gain the maximum legal relief. The article definite that the case of“wrongful birth”can be used"tort liability law". In addition,starting from the theory of tort law, do legal analysis for that the case of“wrongful birth”can applicable“TheTort Liability Law”. To clarify the related concept of“wrongful birth”and the scope of tort law compensation. Finally,provide some reference to the judicial practice in China.%  自《侵权责任法》颁布以来,学者就错误出生案件能否纳入《侵权责任法》的调整范围展开了不同程度的讨论。为使“错误出生”案件中受侵害一方能够获得最大程度的法律救济,文章肯定“错误出生”案件可以适用《侵权责任法》的相关法律规定,并从侵权法理论出发,系统分析了“错误出生”案件适用《侵权责任法》的法理基础,厘清了“错误出生”的相关概念以及“错误出生”损害赔偿的范围,力图给我国的司法实践活动提供一些参考。

  8. Child Labor Laws in Mississippi.

    Science.gov (United States)

    Robbins, Jerry H.

    Child labor laws have not attracted much attention in recent years. Much of the basic legislation and the case law dates from the early part of the 20th century. This paper discusses the Mississippi statutory law on the subject, compares that law with legislation in five other States, and discusses case law in Mississippi and in other States.…

  9. 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.

  10. 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.

  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. Reflexive law, corporate social responsibility and the evolution of labour standards: the case of working time

    OpenAIRE

    Catherine Barnard; Simon Deakin; Richard Hobbs

    2004-01-01

    Through an empirical study of working time in the United Kingdom, we explore the scope for initiatives based on corporate social responsibility (CSR) to engender voluntary action by employers to raise labour standards. Our evidence suggests that a CSR-based approach faces considerable problems of implementation in this area, in large part because the legal mechanisms which might underpin CSR ('reflexive law') have not yet been effectively developed.

  13. How Does Law Matter to Social Movements? A Case Study of Gay Activism in Singapore

    OpenAIRE

    Chua, Lynette Janice

    2011-01-01

    This study is aimed at gaining a better understanding of how people fight for change collectively in societies that, unlike the United States, have less of democratic processes, and fundamental civil-political rights, and, of how law matters to their processes of doing so. It focuses on a particular minority group, gay people, in one particular society - Singapore, an Asian country with shades of authoritarianism - and explored how gay activists make sense of their grievances, strategize and ...

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

    OpenAIRE

    Ratno Lukito

    2014-01-01

    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 ...

  15. Poiseuille flow of power-law fluids in concentric annuli - limiting cases

    Czech Academy of Sciences Publication Activity Database

    Filip, Petr; David, Jiří

    Pretoria : HEFAT, 2008, FP1. ISBN 978-1-86854-691-6. [Annual Heat Transfer , Fluid Mechanics and Thermodynamics Conference /6./. Pretoria (ZA), 30.06.2008-02.07.2008] R&D Projects: GA ČR GA103/06/1033 Institutional research plan: CEZ:AV0Z20600510 Keywords : Poiseuille flow * power-law fluids * concentric annuli Subject RIV: BK - Fluid Dynamics

  16. Behavioural sciences in law and policy : a case of scientific imperialism?

    OpenAIRE

    Malecka, Magdalena; LEPENIES, Robert

    2015-01-01

    The paper discusses applications of the behavioural sciences to law and aims at contributing to the contemporary discussions on scientific imperialism. By analysing these applications we demonstrate difficulties with defining scientific imperialism in terms of relations between disciplines. The analysis advanced in the paper critically assesses existing accounts of scientific imperialism and paves the way for a more robust approach to both the definition and evaluation of instances of scienti...

  17. In Terms Of Islamic Dept Law "Case Of Faultless Impossibility" Effect On Fulfillment Of Dept

    OpenAIRE

    KAHVECİ, Nuri

    2011-01-01

    In this study, negatively affecting the performance of debt to act in a legal relationship arising as a result of the perfect state of impossibility evaluated. Even if the person entered legally under the act of a debt, this debt burden of the execution time to get rid of impossibility. However, to return the money must be taken to act. Due to Islamic law they are examples of the different proceedings.

  18. Applicability of the limiting cases for axial annular flow of power-law fluids

    Czech Academy of Sciences Publication Activity Database

    Filip, Petr; David, Jiří

    Fukuoka: WSEAS Press, 2013 - ( Fujita , H.; Tuba, M.; Sasaki, J.), s. 45-48 ISBN 978-1-61804-177-7. ISSN 1790-5117. [Recent advances in automatic control, modelling and simulation. Morioka City (JP), 23.04.2013-25.04.2013] R&D Projects: GA ČR GA103/09/2066 Institutional support: RVO:67985874 Keywords : annular flow * power-law fluids * poiseuille flow * flow rate * pressure drop Subject RIV: BK - Fluid Dynamics

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

    OpenAIRE

    Angela Pires Pinto

    2011-01-01

    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 t...

  20. 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.

  1. 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...

  2. Suicide cases in civil law: do the legal tests make sense?

    Science.gov (United States)

    McClung, M

    1990-01-01

    The legal 'tests' for suicide liability in negligence and workmen's compensation law have developed along parallel, but not identical, lines to the tests for criminal responsibility. Current legal precedent has shifted the focus from cognitive awareness and irresistible impulse theories to the ability of a negligent act or injury to cause an abnormal mental state. The courts, in their variable interpretation of these mental state tests, leave no clear guidelines for the psychiatric expert asked to address suicidal behavior from the standpoint of responsibility. PMID:2149661

  3. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.

  4. 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

  5. The link between international law and media: case selection in the international criminal court

    OpenAIRE

    Kahveci, Pelin

    2013-01-01

    The case-selection policy of the ICC is questioned by various scholars, criticizing the application of legal criteria defined or condemning the Court’s special interest in Africa. However, no work focused on the role of media coverage over case-selection by the Court. Therefore; this study examines the Court’s use of media as a tool of selection when deciding upon formal investigation cases. In this sense, it proposes that the more coverage in media to the cases, the more likely that the Cour...

  6. The right to die in Canadian legislation, case law and legal doctrine.

    Science.gov (United States)

    Plachta, M

    1994-01-01

    This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future. PMID:7731350

  7. Post-conflict Reconstruction through State-and Nation-building: The Case of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Joseph Marko

    2005-12-01

    Full Text Available The article analyses the effects of the implementation of the Dayton Peace Agreement, which had been based on a "political" compromise with various static and dynamic elements, with regard to the functioning of institutions, developments in the party system, rule of law, effective administration and the economy. In particular the role of the High Representative and the Constitutional Court´s jurisprudence are highlighted for post-conflict reconstruction through state- and nation-building. Finally, based also on a critique of the role of the International Community, the remaining problems are addressed such as the economic viability and attractiveness for foreign investment and the need to shift the balance more from ethnic power-sharing to state effectiveness. In this regard, lessons to be learned from the Bosnian case study are drawn and put into a prospective context for further integration into the European Union.

  8. ["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. PMID:8248446

  9. On Case Teaching in "Nursing and Law"%“护理与法”案例教学探讨

    Institute of Scientific and Technical Information of China (English)

    张盈

    2012-01-01

      The article made a study to explore the teaching effect, influence factors and the existing problems for the application of case teaching method in "Nursing and Law", and make advice for the teaching reform. The study results showed that case teaching can play the role of the complement of teaching, not only improve the learning interest of the students, cultivate the students' critical thinking skills, at the same time it can improve teachers' professional level. But there are also some restricting factors such as it is hard to cover all the teaching content of "Nursing and Law", design time consuming, and the higher requirements of teaching condition.%  案例教学法在“护理与法”教学中能起到教学相长的作用,不仅提高了学生的学习兴趣,培养了学生评判性思维能力,同时有利于提升教师的业务水平,但也存在难以涵盖“护理与法”的所有教学内容,设计费时,对教学条件要求较高等制约因素

  10. A case study on optimum tip speed ratio and pitch angle laws for wind turbine rotors operating in yawed conditions

    International Nuclear Information System (INIS)

    The values of the tip speed ratio and blade pitch angle that yield maximum power coefficient are calculated for a rotor operating in yawed conditions. In a first step, the power coefficient is determined using a model based on the blade element momentum theory (BEMT) which includes a Prandtl-Glauert root-tip losses correction, a non-uniform model for the axial and tangential induction factors, and a model of the rotational augmentation effects. The BEMT model is validated with the experimental data from the NREL-UAE. The maximum values of the power coefficient are determined for different yaw angles and the corresponding values of the tip speed ratio and blade control angle are obtained. The maximum power coefficient using these optimum laws is compared to the maximum power coefficient using the optimum laws of the non-yawed case and it is shown that there is a gain in the power coefficient. For the case study presented in this paper it has been found that for yaw angles of 30° about 10% of the power coefficient can be recovered

  11. Hydrodynamics-based functional forms of activity metabolism: a case for the power-law polynomial function in animal swimming energetics.

    Directory of Open Access Journals (Sweden)

    Anthony Papadopoulos

    Full Text Available The first-degree power-law polynomial function is frequently used to describe activity metabolism for steady swimming animals. This function has been used in hydrodynamics-based metabolic studies to evaluate important parameters of energetic costs, such as the standard metabolic rate and the drag power indices. In theory, however, the power-law polynomial function of any degree greater than one can be used to describe activity metabolism for steady swimming animals. In fact, activity metabolism has been described by the conventional exponential function and the cubic polynomial function, although only the power-law polynomial function models drag power since it conforms to hydrodynamic laws. Consequently, the first-degree power-law polynomial function yields incorrect parameter values of energetic costs if activity metabolism is governed by the power-law polynomial function of any degree greater than one. This issue is important in bioenergetics because correct comparisons of energetic costs among different steady swimming animals cannot be made unless the degree of the power-law polynomial function derives from activity metabolism. In other words, a hydrodynamics-based functional form of activity metabolism is a power-law polynomial function of any degree greater than or equal to one. Therefore, the degree of the power-law polynomial function should be treated as a parameter, not as a constant. This new treatment not only conforms to hydrodynamic laws, but also ensures correct comparisons of energetic costs among different steady swimming animals. Furthermore, the exponential power-law function, which is a new hydrodynamics-based functional form of activity metabolism, is a special case of the power-law polynomial function. Hence, the link between the hydrodynamics of steady swimming and the exponential-based metabolic model is defined.

  12. Classics in psychiatry and the law: Francis Wharton on involuntary confessions.

    Science.gov (United States)

    Weiss, Kenneth J

    2012-01-01

    Philadelphia attorney Francis Wharton was a key intellectual figure in linking the sciences of medicine and law. In 1860, he published a monograph on involuntary confessions, which represented the closing chapter of Wharton and Stillé's Treatise on Medical Jurisprudence. He had already published A Monograph on Mental Unsoundness in 1855, the first book of the Treatise in its first edition. Wharton was convinced that many criminals had an inner compulsion to confess or to be caught, explained as divine jurisprudence. His remarks on confessions include a typology spanning psychodynamics to police tactics, using contemporaneous, historical, and literary examples. This remarkable document provides insight into the dynamics of unintended and involuntary confessions and is compatible, in part, with current scholarship. The author contrasts Wharton's schema with those of his English predecessor Jeremy Bentham, the psychoanalyst Theodore Reik, and others, and concludes that it represents an important transition toward a psychological approach to the criminology of confessions. PMID:22396344

  13. Length of inflation and WMAP data in the case of power-law inflation

    CERN Document Server

    Hirai, S; Hirai, Shiro; Takami, Tomoyuki

    2005-01-01

    The effect of the length of inflation on the power spectra of scalar and tensor perturbations is estimated using the power-law inflation model with a scale factor of a(t) = t^q. Considering various pre-inflation models with radiation-dominated or matter-dominated periods before inflation in combination with two matching conditions, the power spectrum of curvature perturbations at large scales is calculated. Comparison of the derived angular power spectrum with the Wilkinson Microwave Anisotropy Probe (WMAP) data reveals a possibility that the WMAP can be explained by the finite length of inflation model if the length of inflation is near 60 e-folds and q>200.

  14. [Causation in the court: the complex case of malignant mesothelioma].

    Science.gov (United States)

    Lageard, Giovanni

    2011-01-01

    The aim of this paper is to carry out an analysis of the legal evolution in Italy of the assessment of causation i.e. cause and effect, in oncological diseases, a question taken into consideration by the High Court almost exclusively with reference to pleural mesothelioma. The most debated question when defining the causal association between asbestos exposure and mesothelioma is the possible role that any multiple potentially causative exposures could assume in the induction and development of the disease, and in particular the role of any asbestos exposure over the successive employment periods. Indeed, this is a subject on which, to date, no agreement has yet been reached in scientific doctrine: these divergences bear important practical significance from a legal point of view, since sustaining one thesis or another may constitute determining factors when ascertaining responsibility for individuals who, in the past, had decisional statuses in the workplace. Jurisprudence in the High Court took on an oscillating position on this question as from the early 2000s, which was divided into those who sustained the thesis of the relevance of any asbestos exposure over the successive employment periods and those who were of a different opinion, i.e. only the first exposure period has relevant causative effect. The point under discussion concerns, in particular, the adequacy of a probabilistic law only governing such a question. An important turning point was made in the year 2010 when two sentences were announced in the High Court, reiterating, in strict compliance with the principles affirmed by the United Sections in 2002, that a judge cannot, and must not, be satisfied with a general causation, but must rather reach a judgment on the basis of an individual causation. In particular, not only did the second of these two sentences recognise the multifactorial nature of mesothelioma, something which had almost always been denied in jurisprudence in the past, but it also

  15. Law without Law

    OpenAIRE

    Sidharth, B. G.

    2007-01-01

    We consider a model for spacetime in which there is an ubiquitous background Dark Energy which is the Zero Point Field. This is further modeled in terms of a Weiner process that leads to a Random or Brownian characterization. Nevertheless we are able to recover meaningful physics, very much in the spirit of Wheeler's Law without Law, that is laws emerging from an underpinning of lawlessness.

  16. 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.

  17. 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

  18. 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. PMID:24505855

  19. 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. PMID:18382849

  20. 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

  1. 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…

  2. THE STATIC AND DYNAMIC ASPECTS OF ROMAN LAW AS PORTRAYED IN THE SOURCES OF LAW

    Directory of Open Access Journals (Sweden)

    Alina Monica AXENTE

    2015-07-01

    Full Text Available The dynamics of the private Roman law sources had been influenced by the conjoined action of three factors: the Romans’ conservative mentality, their practicality and the incorporation of the concepts of equity and good faith into their legal system. By virtue of the Romans’ conservative mentality, their private law functioned according to less than thirty laws. Towards the end of the Republic, against the background of the economic revolution that gave variety to social relations and enhanced their complexity, many of the provisions of the old laws, including those laid down under the Law of the Twelve Tables, became inapplicable. Faced with these challenges and animated by their practicality, the Romans realized that appropriate measures had to be taken so as to strike a balance between the provisions of the law and the new demands of the ever-changing Roman social life. To this end, they started from the conviction that trade economy could not be strengthened and further develop without an effective legal ordinance. In order to counterbalance the discrepancy between the laws and the development of the social environment, the Romans resorted to procedural means and extensive research upon which they elaborated in accordance with the principles of equity and good faith. Consequently, towards the end of the Republic, the Praetor’s Edict and the jurisprudence functioned as a legal filter with a view to striking a balance between the provisions of the old laws and the new social atmosphere. Throughout this stage in the evolution of private Roman law sources, the law embodied the static aspect, whereas the Praetor’s Edict represented its dynamic counterpart. Therefore, by means of interweaving tradition with innovation, the Romans managed to modernize the private law under the impression that the old laws were still in effect.

  3. Staying the return of aliens from Europe through interim measures: the case-law of the European Commission and the European Court of Human Rights

    OpenAIRE

    Burbano Herrera, Clara; Haeck, Yves

    2011-01-01

    The Strasbourg case-law demonstrates a clear tendency to protect aliens through interim measures in case of imminent deportation. Usually but not uniquely those persons claim(ed) before the supervisory organs to be in a situation of extreme gravity in case of forcible return to their country of origin because they can be subject to the death penalty, life imprisonment, persecution for their political activities, deprived of medicine/adequate medical treatment. This contribution explores which...

  4. Reforma da justiça: estudo de caso Law reform: case study

    Directory of Open Access Journals (Sweden)

    Jacqueline Sinhoretto

    2007-11-01

    Full Text Available Uma etnografia dos serviços de justiça nos Centros de Integração da Cidadania permitiu analisar rituais informais e formais de resolução de conflitos praticados por Polícia Civil, Ministério Público e Judiciário, no âmbito de um programa de integração de serviços. A análise permitiu uma sociologia política da gestão estatal dos conflitos, caracterizada como campo fragmentado e plural em que lógicas de resolução de conflitos e agências disputam o significado da expansão do direito e da justiça à população pobre. A pluralidade de lógicas de resolução de conflitos, de um lado, dá liberdade de opção das partes na defesa de seus interesses, de outro, reproduz desigualdades entre as partes e os operadores jurídicos, minando a eficácia do direito estatal. Rituais do campo jurídico contribuem ainda para hierarquizar corpos circunscritos e corpos vulneráveis.An ethnography of the legal services provided in São Paulo's Citizenship Integration Centers allowed me to analyze the informal and formal rituals of conflict resolution practiced by the São Paulo State Police, the Public Prosecutor's Office and the Judiciary in the context of a service integration program. The analysis afforded a political sociology of the state management of conflicts, which emerged as a fragmented and plural field in which logics of conflict resolution and agencies dispute the meaning of extending rights and justice to Brazil's low income population. The plurality of logics aimed at conflict resolution allow, on one hand, a freedom of choice for the public involved in defense of their interests; on the other hand, it reproduces inequalities between public users and legal agents, undermining the effectiveness of state law. Rituals from the legal field also contribute to hierarchizing circumscribed bodies and vulnerable bodies.

  5. 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

  6. 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...

  7. Some international law aspects of the Bhopal disaster.

    Science.gov (United States)

    Tyagi, Y K; Rosencranz, A

    1988-01-01

    This article explores certain international law aspects of the Bhopal disaster, namely the principles and rules of international law establishing international accountability for environmental damage; the criteria for determining the liability of the Union Carbide Company (U. S. A.) for the Bhopal disaster; the criteria for determining compensation; and the international remedies available to the Indian government in the event that Bhopal victims fail to get justice within the Indian court system. The article discusses two applicable sets of proposed international standards--the U. N. Draft Code of Conduct on Transnational Corporations, and the U. N. International Law Commission's Draft on International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law. The scattered 'hard' and 'soft' jurisprudence of international environmental law establishes liability and accountability for environmental hazards. It makes both state and non-state entities liable to pay compensation to the victims of environmental pollution. This jurisprudence, in addition to domestic law analogies, can influence Indian courts in determining the amount of damages payable to the victims of the Bhopal disaster. The authors conclude that the Bhopal disaster has demonstrated that enforceable international standards are clearly and urgently needed for hazardous industries, especially those operating in developing countries. Such standards would eliminate, or at least narrow, the gap between standards prevailing in the developed countries and those in the Third World. Even without enforcement, international standards could provide norms for measuring the performance of individual companies engaged in hazardous activities such as the manufacture of MIC at Bhopal. PMID:3059509

  8. 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 l......, 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....

  9. LE RÔLE DE LA JURISPRUDENCE (CEJ DANS LE DÉVELOPPEMENT DU DROIT COMMUNAUTAIRE

    Directory of Open Access Journals (Sweden)

    Vasilica NEGRUŢ

    2008-09-01

    Full Text Available The European Court of Justice - as the Court of First Instance and, more recently, the Civil Service Tribunal - together with the national courts of the Member States represent the judicial power within the European Union. The task of this institution lies in the uniform application and interpretation of the Community law. The National courts and the public authorities are bound by the interpretation given by the Court. It has the role of the constitutional courts that are competent to solve the litigations that arise between the community institutions and the Member States or even between the Member States. The role of the European Court of Justice in the development of community law is peculiar, whereas the Court is the one who founded the idea of direct applicability of the community law in member countries of the European Union, its superiority over the national law and it developed the principle of state’s extra-contractual accountability for violation of the community law, a principle based on the priority of the community law.

  10. The Nagoya Protocol and Customary Law: The Paradox of Narratives in the Law

    Directory of Open Access Journals (Sweden)

    Saskia Vermeylen

    2013-09-01

    Full Text Available The issue of protecting traditional knowledge and genetic resources is a textbook example of a legal problem in a world of hybrid legal spaces where a single problem, act or actor is regulated by multiple legal regimes. Unmistakingly, the Nagoya Protocol deserves credit for formally recognising community protocols and customary laws but this article argues that this recognition is not the end of the struggle for indigenous peoples to gain rights over their land and culture. Drawing parallels between access and benefit sharing agreements and native title claims allows for identification of the problems that can arise when Western jurisprudence translates customary laws cross-culturally. The challenges that indigenous peoples are facing in native title claims can show how Western law interprets traditional law and customs and can be used as a benchmark to anticipate the problems indigenous peoples and local communities will encounter when Article 12.1 of the Nagoya Protocol will be applied on the ground. From a theoretical point of view, this article argues that the exclusion or misinterpretation of customary law in Western courts is intrinsic to their legal processes and it draws upon the work of Margaret Davies to show that the psycho-analytical distinction between foreclosure and repression can offer a useful lens to further analyse the relationship between Euro-American and indigenous law within the context of the Nagoya Protocol.

  11. Making a Case for a Development-Driven Approach to Law as a Linchpin for the Post-2015 Development Agenda

    Directory of Open Access Journals (Sweden)

    Olufemi Soyeju

    2015-07-01

    Full Text Available The Millennium Development Goals (MDGs are milestones on a long road to global development. They were adopted by consensus in 2000 as a policy framework to guide the global development process, ending poverty as the overarching goal. Time-bound, with quantified targets for addressing extreme poverty in its many dimensions, the goals have successfully drawn the attention of the world to the virulence of grinding poverty in low-income countries. However, with the deadline in plain sight it has become clear that many of the quantified targets set out in the Millennium Declaration (MD in the year 2000 are no longer realistic. Recent reviews of the progress so far in achieving these goals suggest a marked discrepancy in outcomes across the regions. Besides, there are concerns that even if these set goals are met, new challenges have emerged with the potential of reversing whatever progress that has been made under the current development framework. For example, sub-Saharan Africa (SSA as a region seems to be off-track in meeting these goals. While other regions of the world have made significant progress in achieving many of the goals, there is a widespread shortfall in the achievement of most of the MDGs in SSA countries. It is against this backdrop that there is an on-going process of articulating a new development agenda to consolidate and build on the successes of this current development framework, address new, pressing global concerns, and confront the shortfalls and gaps in the outcomes of the MDG framework. This paper argues that law has an inherent development function and can play a significant role in driving the proposed post-2015 development agenda. The paper therefore seeks to make a case for the adoption of a development-driven approach to law as a linchpin for the post-2015 development agenda.

  12. Law and Medical Ethics

    OpenAIRE

    Frenkel, D A

    1984-01-01

    Summarising the interrelationship between law and medical ethics, I would say that in cases which do not touch the patient's body or integrity, such as professional secrecy, statutory law may take precedence over rules of medical ethics. But in cases where the human subject becomes a victim because of domestic statutory laws which are in contradiction with medical ethics, the medical practitioners should insist on adhering to their professional standards in such a way that the legislators wil...

  13. ‘Homosexual Propaganda’ Laws in the Russian Federation: Are They in Violation of the European Convention on Human Rights?

    Directory of Open Access Journals (Sweden)

    Paul Johnson

    2015-05-01

    Full Text Available This article examines recently enacted legislation in the Russian Federation designed to regulate so-called ‘homosexual propaganda.’ Through an analysis of the extant jurisprudence of the European Court of Human Rights (Eur. Ct. H.R. in respect of discrimination on the grounds of sexual orientation, the article considers the extent to which the existence and enforcement of ‘homosexual propaganda’ laws can be said to violate rights and freedoms guaranteed by the European Convention on Human Rights (ECHR. The article demonstrates weaknesses in current Eur. Ct. H.R.’s jurisprudence – specifically in relation to Arts. 10, 11 and 14 of the ECHR – and argues that it requires significant evolution to better protect sexual minorities in Russia and elsewhere.

  14. 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

  15. 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

  16. 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

  17. Rebels without a Cause? Civil disobedience, Conscientious Objection and the Art of Argumentation in the Case Law of the European Court of Human Rights

    OpenAIRE

    Kati Nieminen

    2015-01-01

    Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The ma...

  18. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    OpenAIRE

    Seyed Mohammad Tabatabaei Nejad

    2015-01-01

    For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the t...

  19. Environmental law

    International Nuclear Information System (INIS)

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST)

  20. 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. PMID:25555762

  1. 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。

  2. 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.

  3. 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.

  4. 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.

  5. The Judicial Control of the Administrative Acts Legality in Community Law. Exempted Acts of the Community Judicial Control

    OpenAIRE

    Denisa Loredana BICA; Andreea-Diana PAPA

    2010-01-01

    The present paper has as its main objective to present the role played by the legality principle for the rule of law as well as to analyse the signification of legality control of administrativeacts in the context of European Union law, and to present those acts that are excerpted from the jurisdictional control of legality. In order to achieve this result the doctrine was analysed and compared to the jurisprudence of the European courts. In our opinion the legality principle has to be interp...

  6. 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....

  7. 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。

  8. 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

  9. 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

    OpenAIRE

    Letetia van der Poll

    2012-01-01

    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 ...

  10. Lineage and the Rights of Cloned Child in the Islamic Jurisprudence

    OpenAIRE

    Moeinifar, Mohaddeseh; Ardebeli, Faezeh Azimzadeh

    2012-01-01

    Lineage in the Islamic law is one of the most basic human rights each individual inherits from his family. When modern assisted reproductive technologies appeared in recent decades, the issue of lineage and the child's rights did not encounter serious challenges. But with the advent of these technologies, the issue of the child's lineage resulting from new technologies has become the center of attention. These technologies have a large share in the field of medicine. A new technique known as ...

  11. jurisprudence precedent on the instruments of environmental regulation of the electrical colombian sector

    International Nuclear Information System (INIS)

    What the authors of the Law of the Environment have named the green Constitution or the ecological Constitution of 1991, necessarily it has consequences in the legal practice of the instruments of environmental management in all the levels and sectors of the economy, especially if the previous thing is analyzed in the frame of the Social State of Law in the Constitution of 1991, under this perspective, it is possible to understand the emptiness and inconsistencies of the environmental management in the electrical Colombian sector (SEC), from the critical analysis of the instruments of environmental regulation established in the in the Law in addition it is possible to check these instruments in his role of tools for the environmental management, to identify a constitutional and legal conceptualization adapted for the development of the same ones and to determine the necessary adjustments to realize in his environmental role of management tools in the SEC. The attainment of the previous aims carries an own methodology of the social qualitative research in his juridical political levels. The content of this article realizes the first advances in order to study from a juriprudential and not merely legal optics, since up to the moment the topic has been approached.

  12. Environmental Law or Environmental Protection Law? A Comparative Legal Analysis

    OpenAIRE

    Rakoczy, Bartosz

    2013-01-01

    The problem of environmental law and environmental protection law is not only a terminology issue. Using either of the two terms, the lawmaker reveals its vision of regulating environmental issues in the system of law. In environmental protection law the protective nature of a legal norm is emphasized, and at the same time the control and supervisory powers of public administration authorities are increased. In the case of environmental protection law the confrontation element is in the foreg...

  13. Notas e reflexões sobre a jurisprudência internacional em matéria ambiental: a participação de indivíduos e organizações não governamentais Notes and reflections on environmental international jurisprudence: the participation of individuals and non-governmental organizations

    Directory of Open Access Journals (Sweden)

    Fúlvio Eduardo Fonseca

    2010-12-01

    Full Text Available O objetivo do artigo é oferecer uma sistematização da jurisprudência internacional relevante envolvendo onGs e meio ambiente. Para isso, buscou-se mapear os casos exemplares levados às instâncias internacionais, como forma de ilustrar o potencial e as limitações da estratégia de se recorrer ao direito internacional, levada a efeito por um crescente número de indivíduos e organizações. A pesquisa considerou as sentenças e decisões de órgãos judiciais (Corte Interamericana de Direitos Humanos, Corte européia de Direitos Humanos, tribunal de Justiça europeu e Corte Internacional de Justiça e quasi-judiciais (Comitê de Direitos Humanos das nações unidas, constituindo um aporte inicial aos interessados na matéria e um incentivo a estudos futuros que venham a complementá-la.The aim of this article is to present relevant international jusrisprudence involving NGOs and environment in a systematic way. Therefore, it seeks to identify examples of cases taken to international instances. The reasearch considered sentences and decisions as an example of the potential and limitation of the strategy used by an increasing number of individuals and organizations in making use of judicial (Interamerican Court of Human Rights, European Court of Human Rights, European Tribunal of Justice and International Court of Justice and quasi-judicial organs (United Nations Human Rights Committee, as an initial contribution to those interested in this issue and an incentive for future studies that could complement it.

  14. 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.

  15. Euthanasia, assisted suicide, and cessation of life support: Japan's policy, law, and an analysis of whistle blowing in two recent mercy killing cases.

    Science.gov (United States)

    Akabayashi, Akira

    2002-08-01

    Issues pertaining to euthanasia, assisted suicide, and cessation of life support continue to be a subject of worldwide interest. Euthanasia- particularly "active" euthanasia- is not considered legally or socially acceptable in most countries. In Japan, the first judgment of a case involving euthanasia took place in 1949. Since then there have been another five cases that reached the point of sentencing in 1990. All six cases were examples of so called "active euthanasia", in which the termination of life was performed by family members. However, the focus of discussion has been changed dramatically in recent years, owing to two prominent cases of mercy killing in 1995 (Yokohama) and 1996 (Kyoto), respectively. Medical doctors were involved in both of these cases, and euthanasia moved from being a theoretical problem to a practical dilemma. These cases also drew attention to the fact that assisted suicide could be distinguished from euthanasia. The first part of this paper will summarize the current status of euthanasia and the cessation of life support in Japan, focusing on its historical background and policy. The second part will briefly sketch the characteristics of Japanese law and then will examine the two recent cases of mercy killing mentioned above to try and determine the roles of whistle blowing in the medical practice arena, with particular reference to Japanese culture. This analysis is a challenge to elucidate how ethics and the law interact, and influence medical practice in a specific cultural context. PMID:12188460

  16. A case study of global stability of strong rarefaction waves for 2×2 hyperbolic conservation laws with artificial viscosity

    Science.gov (United States)

    Duan, Ran; Ma, Xuan; Zhao, Huijiang

    This paper is concerned with the global stability of strong rarefaction waves for a class of 2×2 hyperbolic conservation laws with artificial viscosity, i.e., the p-system with artificial viscosity {

  17. State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

    Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. PMID:22944215

  18. [Similarities and differences between the euthanasia laws in Belgium and the Netherlands].

    Science.gov (United States)

    Deliens, L; van der Wal, G

    2003-01-25

    Recently, a law on euthanasia has been adopted in both the Netherlands and Belgium. In both countries euthanasia has been legalized under strict conditions and after confirmation with a notification procedure. Although both laws are similar, the Belgian law is more extensive on the requirements of prudent practice. On the other hand, in Dutch society the norm-setting on euthanasia has been more widely developed through jurisprudence. Nevertheless, we expect that the implementation of the new law and the notification procedure in Belgium will be more difficult than in the Netherlands. In order to promote, safeguard and guarantee the quality of the euthanasia practice, the present euthanasia notification procedure in the Netherlands is supplemented with feedback to the physicians. The strict anonymous procedure in the Belgian notification procedure prevents this possibility. Therefore, Belgian physicians will not be supported by the notification procedure to improve their knowledge and skills in euthanasia. PMID:12635551

  19. 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.

  20. AN ENGLISH COURSE FOR LAW AND ADMINISTRATIVE SCIENCES STUDENTS: THE CASE OF FOURTH- YEAR STUDENTS AT ABOU BEKR BELKAID UNIVERSITY – TLEMCEN

    OpenAIRE

    Chams-Eddine, LAMRI

    2014-01-01

    The aim the present case study is to highlight the pressing need for introducing an English course at the Department of Law and Administrative Sciences, by investigating the English language needs of fourth year under-graduate students at Tlemcen University. This research work is threefold: first, analyse the situation regarding the use of English in some Algerian institutional and official work places; second, identify the students’ language needs; then, design an English course that will fu...

  1. The Relation between the Charter’s Fundamental Rights and the Unwritten General Principles of Law – Good Administration as the Test-Case

    OpenAIRE

    Mihaescu, Bucura Catalina

    2013-01-01

    The right to good administration as it stands today is both a general principle of EU law (hereafter GPL) and a fundamental right codified in the Charter of Fundamental Rights of the EU. The present contribution provides the case study of good administration at the confluence of these two vectors of protection and highlights that there are instances where, even in relation to what might appear to be the same right, there are overlaps and sometimes clear differences as regards its content ...

  2. The jurisprudence of legal person thinking%法律人思维的法理学之义

    Institute of Scientific and Technical Information of China (English)

    方筱闽

    2013-01-01

      价值立场决定目标设计,目标设计决定、引导思维和行动。法庭论辩三方的价值立场不同,其法律思维也不同。相互对抗的“律师”和检察官由期望的法律后果确定价值立场,决定其由结果推过程的逆向法律思维方式。客观中立的价值立场使得专业范式和法律话语成为“法官”法律思维特征。法律思维即扎根于法理学智慧中。%Value position decides the target design, target design decides and guides thinking and action.Three parties of court debate have different value position, the legal thinking is also different.The confrontation"lawyer"and prosecutors decide value position from desired legal consequences, the result is the reverse process by way of legal thinking.The objective and neutral value position makes professional paradigm and legal words become the characteristics of the legal thinking.Legal thinking is rooted in the wisdom of jurisprudence.

  3. FEATURES OF THE UNWRITTEN SOURCES OF EUROPEAN UNION LAW

    OpenAIRE

    2013-01-01

    There are three sources of European Union law: primary law, secondary law and supplementary law. Besides the case law of the Court of Justice, supplementary law includes international law and the general principles of law. It has enabled the Court to bridge the gaps left by primary and/or secondary law. International law is a source of inspiration for the Court of Justice when developing its case law. The Court cites written law, custom and usage. General principles of law are unwritten sourc...

  4. The role and reliability of the Psychopathy Checklist-Revised in U.S. sexually violent predator evaluations: a case law survey.

    Science.gov (United States)

    DeMatteo, David; Edens, John F; Galloway, Meghann; Cox, Jennifer; Smith, Shannon Toney; Formon, Dana

    2014-06-01

    The civil commitment of offenders as sexually violent predators (SVPs) is a highly contentious area of U.S. mental health law. The Psychopathy Checklist-Revised (PCL-R) is frequently used in mental health evaluations in these cases to aid legal decision making. Although generally perceived to be a useful assessment tool in applied settings, recent research has raised questions about the reliability of PCL-R scores in SVP cases. In this report, we review the use of the PCL-R in SVP trials identified as part of a larger project investigating its role in U.S. case law. After presenting data on how the PCL-R is used in SVP cases, we examine the reliability of scores reported in these cases. We located 214 cases involving the PCL-R, 88 of which included an actual score and 29 of which included multiple scores. In the 29 cases with multiple scores, the intraclass correlation coefficient for a single evaluator for the PCL-R scores was only .58, and only 41.4% of the difference scores were within 1 standard error of measurement unit. The average score reported by prosecution experts was significantly higher than the average score reported by defense-retained experts, and prosecution experts reported PCL-R scores of 30 or above in nearly 50% of the cases, compared with less than 10% of the cases for defense witnesses (κ = .29). In conjunction with other recently published findings demonstrating the unreliability of PCL-R scores in applied settings, our results raise questions as to whether this instrument should be admitted into SVP proceedings. PMID:24127888

  5. Nuclear Law

    International Nuclear Information System (INIS)

    We find in this report two studies, one about the compensation regimes applicable to radiation workers in OECD countries, the second one about Tokai-mura accident (Japan): third party liability and compensation aspects. Then, come the case law and administrative decisions, national legislative and regulation activities, international regulatory activities, bilateral agreements, multilateral agreements. Among these different parts are to notice: judgement in the public civil action concerning the Goiania radiological accident (2000,Brazil), judgement of the Council of State confirming the definitive shut-down of Superphenix (2000, France), decision relative to the DOE 's obligation to accept spent nuclear fuel and high level radioactive wastes (HLRW) from nuclear power plants (NPPs) (2000, Usa), decision concerning the construction of a permanent repository for spent nuclear fuel (2000, Finland). (N.C.)

  6. WAGNER’S LAW REVİSİTED: THE CASE OF NIGERIAN AGRICULTURAL SECTOR (1961 – 2012

    Directory of Open Access Journals (Sweden)

    Otu William Ibok

    2014-07-01

    Full Text Available This study examines whether government spending in the Nigerian Agricultural sector has been consistent with Wagner' Law. To test the validity of Wagner's law, six alternative functional forms were adopted, using annual data from the Nigerian agricultural sector over the time period 1961 - 2012. Data was analyzed using cointegration and granger causality test. The result of the Johansen and Juselius cointegration test showed the existence of a long run relationship between various items of agricultural capital expenditure as well as agricultural contribution to Gross Domestic Product. The granger causality test result confirmed that Wagner's law holds in the Nigerian agricultural sector. However, there was no clear evidence of government spending causing national income. Hence, the Keynesian proposition of government spending as a policy instrument that encourage and lead growth in the sector is not supported by the data used.

  7. Environmental law

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH)

  8. 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.

  9. 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; Svenning, Jens-Christian; Skov, Flemming;

    2008-01-01

    Tobler's first law of geography, 'Everything is related to everything else, but near things are more related than distant things' also applies to biological systems as illustrated by a general and strong occurrence of geographic distance decay in ecological community similarity. Using American...... 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...

  10. 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…

  11. 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…

  12. Nonlinear stability of periodic traveling wave solutions of systems of viscous conservation laws in the generic case

    OpenAIRE

    Johnson, Mathew A.; Zumbrun, Kevin

    2010-01-01

    Extending previous results of Oh--Zumbrun and Johnson--Zumbrun, we show that spectral stability implies linearized and nonlinear stability of spatially periodic traveling-wave solutions of viscous systems of conservation laws for systems of generic type, removing a restrictive assumption that wave speed be constant to first order along the manifold of nearby periodic solutions.

  13. 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...

  14. World law

    OpenAIRE

    Harold J. Berman; Robert W. Woodruff; James Barr Ames

    1999-01-01

    In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...

  15. Limit laws for Zipf's law

    International Nuclear Information System (INIS)

    In this communication we establish stochastic limit laws leading from Zipf's law to Pareto's and Heaps' laws. We consider finite ensembles governed by Zipf's law and study their asymptotic statistics as the ensemble size tends to infinity. A Lorenz-curve analysis establishes three types of limit laws for the ensembles' statistical structure: 'communist', 'monarchic', and Paretian. Further considering a dynamic setting in which the ensembles grow stochastically in time, a functional central limit theorem analysis establishes a Gaussian approximation for the ensembles' stochastic growth. The Gaussian approximation provides a generalized and corrected formulation of Heaps' law. (fast track communication)

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

    OpenAIRE

    Adrian Doru BÎGIOI; Cristina Elena DUMITRU

    2016-01-01

    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. Bas...

  17. Discussion On The Content Of The Concept "Legal Tradition" In The Russian Jurisprudence

    Directory of Open Access Journals (Sweden)

    Alexandra A. Dorskaya

    2015-03-01

    Full Text Available The article is devoted to the analysis of current debates on the content of the concept of "legal tradition", it identifies the main issues of discussion around which is carried scientific debates. There is an analysis of the significance of the legal tradition in the sustainable development of public-legal institutions in Russia. It is shown that serious legal traditions differ from the legal customs by dispositivity and conscious, maintenance of the existing rules of conduct, which is consistent with the proper and fair. The article examines problem of changes in the legal traditions of each generation of the new inclusion of substantive aspects and forms. Discussion points borrowing opportunities in Russia, the Western tradition of law were disclosed. The article analyzes "positive" and "negative" Russian legal tradition, reveals the problems of combining national legal traditions and the existing international legal standards. Author's definition of the legal tradition is backed by various examples that characterize the Russian legal tradition. In the conclusion, author concludes that the issue of legal tradition cannot be solved uniquely for a number of reasons, among which the main ones are the continuous development of the existing traditions, introduced in each generation of its ideas about the proper and fair, and the inability to determine the precise criteria manifestations legal traditions. However, this category is extremely important for the understanding of the national legal system and legal culture. The best, in our opinion, is to determine the legal tradition as a set of consciously supported by society, and sometimes government agencies, legal attitudes and values, which are manifested in daily life and can play as an innovative and moderating role.

  18. Energy Law

    International Nuclear Information System (INIS)

    The author is trying very hard to present a systematic and compact description of the energy law as a whole. For reasons metioned in the first chapter, the energy law confines itself to the law relating to energy supplied by means of pipelines and transmission lines. Energy law and the law relating supplied by means of pipelines are therefore synonyms. There is no special energy law except the one relating to energy supplied by means of pipelines. The book - intended to be read by experts and undergraduates - discusses the subject and systematics of energy law, energy control, price regulations for electricity supply industry and for the gas supply industry, the law relating to pipe-laying, licence fees and law on cartels, supply obligations of the electricity supply utilities, legal issues of energy supply contracts, liability for supply disruptions, the legal nature of public energy supply, planning law, the relating to plant licensing, atomic law, legal protection in plant licensing procedures, the current structure of industry supplying energy by means of pipelines and, finally, reform demands. (orig.)

  19. Pollution from offshore installations: a case-study of marine pollution in the context of general environmental law

    International Nuclear Information System (INIS)

    The purpose of this thesis is to examine the present state of affairs regarding the legal rules for the control of pollution caused by activities related to offshore installations. But, since pollution from offshore installations is but a form of marine pollution, such an examination can only take place within the wider framework of general environmental law. The true impact of even the more precise rules on offshore installations cannot be fully appreciated unless we have a comprehensive understanding of how the whole system of environmental protection works. I will endeavour to incorporate such considerations in the discussion of offshore problems, as I consider the latter an application of wider principles operating even beyond the field of environmental law. (UK)

  20. Information seeking and students studying for professional careers: the cases of engineering and law students in Ireland

    Directory of Open Access Journals (Sweden)

    Gillian Kerins

    2004-01-01

    Full Text Available This paper reports the results of two empirical studies which explored the information seeking behaviour of engineering and law students in Ireland. Findings reveal similar patterns in the information seeking behaviour between students studying to become professionals and information seeking patterns of these groups identified in Leckie et al.'s model. Students learned their information seeking strategies, including effective and less effective approaches, from educators and continuing mis-perceptions of libraries and information professionals. The studies suggest that engineering and law students in Ireland could benefit from greater information literacy training and awareness, enabling them to acquire the information skills they need to function effectively and efficiently in their future professional work lives.

  1. La théorie du droit coutumier dans la recherche : ethnologie, théorie du droit et histoire du droit The theory of customary law in research: ethnology, legal theory and legal history

    Directory of Open Access Journals (Sweden)

    Ilia ch. Axionov

    2009-05-01

    Full Text Available Les auteurs cherchent à mettre de l’ordre dans la terminologie utilisée dans la science juridique, notamment à préciser les termes « coutume » et « droit coutumier ». En s’appuyant sur le droit romain classique et sur la théorie du droit ils passent en revue l’évolution des approches théoriques dans ce domaine en Russie ancienne et contemporaine. La ligne dominante chez les chercheurs russes était à souligner que ces coutumes n’acquièrent un caractère juridique que si elles reçoivent une protection de la part de l’Etat. L’article analyse aussi les travaux qui concernent la solution pratique de tels ou tels cas à l’aide des normes du droit coutumier tout en soulignant la nature sociale du droit coutumier.The authors try to bring coherence to terminology used in jurisprudence, especially through precise definitions for the terms « custom » and « customary law ». Relying on classical roman law and legal theory, they describe the evolution of theoretical approaches existing in this field in ancient and contemporary Russia. Russian scholars have generally agreed that these customs acquire a legal character only if they receive protection from the State. The article analyzes as well research proposing practical solutions of various cases which adopt the norms of customary law and while underlining the social nature of customary law.

  2. Rate of Return to and Price of Higher Education in Turkey: A Case Study of Law Faculty

    OpenAIRE

    Gölpek, Filiz; Hasan Kalyoncu Üniversitesi, İİSBF/İktisat Bölümü

    2014-01-01

    The fact that higher education service provides important benefits for individuals and society has resulted in excess demand. This is directly related to a simple economic law suggesting that the demand for goods or services of which price is zero or low will increase until its marginal benefit approximates zero or very close to zero. However, it seems that demand and supply of education is difficult to determine based on the demand-supply and price equilibrium included in economic theory. In...

  3. Evaluating the development of empirical legal research in Brazil: the case of Projeto Pensando o Direito (Project Thinking the Law)

    OpenAIRE

    Ricardo de Lins e Horta; Vera Ribeiro de Almeida; Marcelo Chilvarquer

    2014-01-01

    Although empirical legal research in Brazil has existed since the 70’s, and the use of empirical methods has expanded sharply in the last years, the reasons underlying its relative scantiness have been matter of debate. Among these reasons would be the low level of scientific rigour, the isolation and the absence of institutional infrastructure. Assuming that the Projeto Pensando o Direito (Project Thinking the Law) has been providing institutional support, financing and publicity to this kin...

  4. 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.

  5. Brussels II Bis Regulation and the Competence of the Romanian Courts in the Divorce Cases

    Directory of Open Access Journals (Sweden)

    Gabriela LUPSAN

    2010-11-01

    Full Text Available Jurisdiction competence of the Romanian courts in divorce matters, with an international element was established, before Romania joined the EU, by applying the deposition of article 148-157 of Law No. 105/1992 on private international law relations. The court apprehended with such a request, verifying its competence either officially or fallowing the defendant's invocation of thejurisdiction non-compete exception plead, it was at hand one of two legal solutions, namely: either the rejection of the invoked exception and the statement of competence, a situation which would identify, according to article 20 and 22 of Law no. 105/1992, the applicable law in divorce matters under the aspects of material law, or it would concede the exception and it would dismissed the action,according to article 157 of Law no. 105/1992, as not being under the jurisdiction of the Romanian Court, but under a foreign one. The situation has changed with the ascension of Romania to the EU,when the EU Council regulations took precedence over the national law and they have direct and immediate applicability in the cases that the Romanian courts judge. The new competence of the EUin relation to matrimonial matters determines the Romanian judge to consider two categories of law sources, depending on the connection element (habitual residence of the spouses or at least one ofthem, joint citizenship that appears in the case of divorce and it links the trial to the Community area or the extra-communitarian one. The study aims at, among others, analyzing the criteria by which theRomanian courts have their jurisdiction in a divorce case in which the element of foreign origin is related to a EU Member State and the solutions that we have at hand to pass on the jurisdictional noncompete exception and on lis pendens exception, presenting in this respect also cases of jurisprudence. Also, there are references to the relation of the regulation with other international

  6. Chronique de jurisprudence. Chronique du règlement des différends de l'OMC (2006-2008)

    OpenAIRE

    Walid Abdelgawad; Clotilde Jourdain-Fortier; Isabelle Moine-Dupuis

    2008-01-01

    The purpose of this review is to highlight those among the numerous decisions rendered by the Dispute Settlement Body in 2006/2007, which seem to us to be especially interesting in that they allow to draw more general lessons about the orientation of international trade law under WTO rules. Perseverance by litigants alone shows how important the stakes in these cases are : Two out of the three cases commented upon here are compliance reports ! The difficulties of definitely settling high-stak...

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

    Science.gov (United States)

    Sills, Eric Scott; Murphy, Sarah Ellen

    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. PMID:19589140

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

    Directory of Open Access Journals (Sweden)

    Sills Eric

    2009-07-01

    Full Text Available Abstract 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.

  9. 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.

  10. Environmental law

    International Nuclear Information System (INIS)

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST)

  11. law 575 courses / law575helpdotcom

    OpenAIRE

    law 575

    2015-01-01

    FOR MORE CLASSES VISIT www.law575help.com LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week 3 Formative Assessment, Learning Team Reflection LAW 575 Week 4 Reflect...

  12. 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

  13. 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. PMID:26458501

  14. 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.

  15. Representative versus Responsible Government and May’s Law: The Case of the Czech Christian Democratic Party

    Czech Academy of Sciences Publication Activity Database

    Linek, Lukáš; Lyons, Pat

    2011-01-01

    Roč. 47, č. 6 (2011), s. 1149-1190. ISSN 0038-0288 R&D Projects: GA ČR GAP408/10/0584 Institutional research plan: CEZ:AV0Z70280505 Keywords : party members * May’s Law * policy positions Subject RIV: AD - Politology ; Political Science s Impact factor: 0.357, year: 2011 http://sreview.soc.cas.cz/uploads/018e7e18fc3f280fde49ea043eadc0c262d678f7_LINEK%20LYONSsoccas2011-6.pdf

  16. Law in the Labor Movement's Challenge to Wal-Mart: A Case Study of the Inglewood Site Fight

    OpenAIRE

    Cummings, Scott L

    2007-01-01

    This Article studies the role of law in the successful community-labor challenge to Wal-Mart’s first proposed Los Angeles-area Supercenter in the working-class city of Inglewood. It focuses on the use of legal and legislative challenges to mobilize opposition to Wal-Mart’s Inglewood initiative—a technique known as the “site fight” because of its focus on blocking Wal-Mart at a specific location. The aims of this Article are twofold. First, it seeks to understand the site fight in relation ...

  17. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    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......-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....

  18. Laws Editorial

    Directory of Open Access Journals (Sweden)

    Lawrence O. Gostin

    2011-05-01

    Full Text Available My life’s work has positioned me in two diverse worlds’ one in science and one in law [1]. I publish in both fields, and the traditions are very different. Law journals typically have narrow readerships, principally those in the legal academy. The law review tradition, particularly in North America, is student edited, non-peer reviewed, and characteristically long and detailed. Law libraries often spend large portions of their budgets on journal subscriptions, which they store in scarce space. [...

  19. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of Morals, of the obligation of citizens of a state to subject themselves unconditionally to the sovereign in power, must be seen in connection with his earlier moral writings in order to maintain a proper Kantian conception of the relation between legality and morality. To this end, Kant's use of...... 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....

  20. Modernizing Italy's Bankruptcy Law

    OpenAIRE

    Vietti, Michele

    2007-01-01

    Reforming bankruptcy laws is difficult for many reasons. First of all, attitudes in Italy toward bankruptcy make it a difficult subject to generate support for. Secondly, bankruptcy reforms are complex and lengthy. They require changes not only to the bankruptcy law but also to other important parts of the legal framework, such as the codes of civil procedures and, in the case of Italy, the ...

  1. ABUSE OF RIGHT IN THE CASE OF PROPRIETARY RIGHTS

    OpenAIRE

    Veter N. Y.

    2015-01-01

    The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of property rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code...

  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. 民族院校《法理学》教学思考%Thought on jurisprudence teaching in ethnic universities

    Institute of Scientific and Technical Information of China (English)

    闻立军

    2013-01-01

    At present, jurisprudence teaching in ethnic universities face some trouble because of he nature of curriculum, the quality of students and other factors."Jurisprudence"teachers in ethnic universities should adjust the teaching content according to the actual situation of students, guiding them in the learning methods so that students have a good harvest in the acquisition of knowledge, ability, spirit.%当下,民族院校《法理学》教学因课程性质、学生素质等原因面临一定困境。民族院校《法理学》任课教师应根据实际情况在教学内容方面进行调整,在学习方法上对学生加以指导,使学生在知识习得、能力培养、精神塑造方面都有所收获。

  4. Construction of Case Teaching of Compound Veterinary Law Model in Higher Agricultural College%高等农业院校兽医法规学复合式案例教学模式的构建

    Institute of Scientific and Technical Information of China (English)

    王开; 裴志花; 胡桂学; 杨春馥; 黄海龙; 张加力

    2013-01-01

    结合兽医法规学的教学现状,分析了复合式案例教学的可行性,并从案例选取的方向、拓展及其意义以及形成案例群族体系、兽医法规案例库的有效管理等方面,探讨了如何构建兽医法规学的复合式案例教学模式。%According to the present situation of the teaching of veterinary law, the feasibility of composite case teaching was analyzed. How to construct a composite case teaching model of veterinary law was discussed from the aspects of case selection direction, extension and its significance, forming case family system and the effective management of veterinary law case library, etc.

  5. Standing on shaky ground- US patent-eligibility of isolated DNA and genetic diagnostics after AMP v. USPTO - Part III (unsolved questions & subsequent case law)

    DEFF Research Database (Denmark)

    Minssen, Timo; Nilsson, David

    2012-01-01

    This is the third part of a four-partite article discussing the US Federal Circuit decision in AMP v. USPTO , also known as the ACLU /Myriad "gene patenting" case ("Myriad"). Part I commenced with a description of the legal framework and an explanation of how the decision relates to the recently...... invigorated U.S. debate on patent eligibility, referring inter alia to the 2010 U.S. Supreme Court decision in Bilski v. Kappos and the pending certiorari in Prometheus v. Mayo (1). Before this background, Part I recited the complex procedural history of AMP v. USPTO (2) and summarized the underpinnings of...... Court review (5). Why a potential Supreme Court review of AMP v. USPTO would indeed be a much welcomed and necessary development is now analyzed in Part III. This part will elaborate on the myriad of unsolved questions raised by both AMP v. USPTO and a bulk of subsequent case law addressing the patent...

  6. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  7. 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

  8. Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

    International Nuclear Information System (INIS)

    The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.)

  9. Nonlinear stability of periodic traveling wave solutions of systems of viscous conservation laws in the generic case

    Science.gov (United States)

    Johnson, Mathew A.; Zumbrun, Kevin

    Extending previous results of Oh-Zumbrun and Johnson-Zumbrun, we show that spectral stability implies linearized and nonlinear stability of spatially periodic traveling wave solutions of viscous systems of conservation laws for systems of generic type, removing a restrictive assumption that wave speed be constant to first order along the manifold of nearby periodic solutions. Key to our analysis is a nonlinear cancellation estimate observed by Johnson and Zumbrun, along with a detailed understanding of the Whitham averaged system. The latter motivates a careful analysis of the Bloch perturbation expansion near zero frequency and suggests factoring out an appropriate translational modulation of the underlying wave, allowing us to derive the sharpened low-frequency estimates needed to close the nonlinear iteration arguments.

  10. 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.

  11. Analysis About China's Thrity-Year Commercial Law & Commercial Jurisprudence%中国商法及商法学三十年

    Institute of Scientific and Technical Information of China (English)

    华中师范大学商法研究中心

    2009-01-01

    1978年以后中国的商法及商法学从空白到快速发展,在立法、学术研究、教学等方面均取得了空前的成就,逐渐形成了一个具有中国特色的商法体系和独立的商法学部门,但仍然存在着一些不容忽视的问题,值得我们认真地回顾与总结.

  12. Place Of Canon Law Of The Russian Empire In The System Io Humanitarian

    Directory of Open Access Journals (Sweden)

    Alexandra A. Dorskaya

    2014-12-01

    Full Text Available In the present article author examines place of canon law in the system of humanitarian sciences in the Russian Empire at the end of XVIII - early XX centuries. Author reveals interaction of canon law with philosophy, philology, jurisprudence. In particular, author shows influence of various philosophical schools on the development of the canon law science, value of foreign researches translation for the development of national science of canon law starting from the end of the XVIII century. It is found that all researchers in the field of canon law had special scientific works on philosophy. Interference of cannon law and theological science – dogmatic theology, moral theology, liturgy, church geography, chronology, statistics, history, archeology, pastoral theology is considered. In the article works of leading specialists in the field of canon law the second half of XIX - early XX centuries that were left as a significant legacy after the Archimandrite Gabriel, I.S. Berdnikova, N.A. Zaozerskii, I.M. Skvortsov and others are analyzed. In conclusion author shows complexity and urgency of the problem in the process of church (canon law study at the present stage, when there is some struggle between the secular and religious science.

  13. Nuclear Law

    International Nuclear Information System (INIS)

    This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA)

  14. A case law survey of the Personality Assessment Inventory: examining its role in civil and criminal trials.

    Science.gov (United States)

    Mullen, Kacy L; Edens, John F

    2008-05-01

    Although professional surveys suggest that the Personality Assessment Inventory (PAI; Morey, 1991) is a popular instrument among forensic and correctional psychologists, relatively little is known about the specific types of legal cases in which it is applied, the particular types of questions it is used to address, or the extent to which its admissibility has been at issue in court cases. Using a comprehensive legal database, we surveyed all published U.S., Canadian, European, and Australian criminal and civil cases in which the PAI was administered. The PAI appears to be introduced by examiners in a wide variety of civil (e.g., child custody, personal injury) and criminal (e.g., insanity, competence) cases to aid in the assessment of a broad range of psychopathology. Additionally, the PAI seems to be used frequently to assess questions concerning potential dissimulation and response styles. Surprisingly, the admissibility of the PAI into evidence was never at issue in any of the cases reviewed. PMID:18444127

  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. 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....... After this judgment, the prosecution filed a motion to reconsider the acquittal in Perišić, which the Appeals Chamber denied. In sum, these developments diluted and mischaracterized the standard of aiding and abetting. Accordingly, this article has two purposes. First, it demonstrates...... that the innovative element of the specific direction lacks a proper foundation in international law. Second, the article discusses several conceptual difficulties with the specific direction requirement, some of which go beyond the issues of accomplice liability. This article concludes by finding that comparative...

  17. Van der Vyver’s analysis of rights: a case study drawn from thirteenth-century canon law

    Directory of Open Access Journals (Sweden)

    Charles J. Reid, Jr.

    1999-03-01

    Full Text Available In an important article published in 1988, Johan Van der Vyver challenged the prevailing reliance on Wesley Hohfeld’s taxonomy of rights. Hohfeld's division of rights into claims, powers, privileges and immunities, Van der Vyver stresses, is excessively concerned with "inter-individual legal relations” at the expense of the right-holder's relationship to the object of the right. Van der Vyver proposes instead that an assertion of right involves three distinct juridic aspects:• legal capacity, which is "the competence to occupy the offices of legal subject;• legal claim, which "comprises claims of a legal subject as against other persons to a legal object";• legal entitlement, which specifies the boundaries of the right-holder's ability to use, enjoy, consume, destroy or alienate the right in question.This article applies Van der Vyver’s taxonomy to the operations of thirteenthcentury canon law, and demonstrates that Van der Vyver’s analysis provides greater depth than Hohfeld's, in that it considers both the relationship of the person claiming a particular right and the object of that right.

  18. Nuclear law

    International Nuclear Information System (INIS)

    Different laws on use of atomic energy for peaceful purposes in Bulgaria and Italy are given here: civil liability, nuclear safety, radiation protection, radioactive waste, nuclear facilities, decommissioning, health and environment protection. (N.C.)

  19. 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. PMID:25143341

  20. Positivist Jurisprudents Confronted

    Directory of Open Access Journals (Sweden)

    Guillaume Tusseau

    2007-03-01

    Full Text Available Bien que moins influente que celle de son disciple John Austin, la théorie juridique de Jeremy Bentham s’avère plus fructueuse. Tous deux se rattachent au positivisme juridique. L’un et l’autre distinguent radicalement le droit tel qu’il est du droit tel qu’il devrait être. Selon ces auteurs, la règle de droit est avant tout une prescription qui impose des conduites au moyen de sanctions. Comment rendre compte, dans ce cadre, des éléments des discours juridiques qui, loin d’imposer des obligations, semblent conférer des pouvoirs ? Bentham est le seul en mesure de soulever cette problématique, qui est l’une des plus débattues de la théorie juridique contemporaine. C’est donc sur le plan conceptuel que son positivisme s’avère préférable à celui de Austin. En effet, il présente, à un niveau métalinguistique, une véritable théorie des différents types de discours juridiques. Ensuite, il pratique lui-même de manière rigoureuse ces différents discours. C’est ainsi qu’il peut susciter des questionnements nouveaux, permettant d’approfondir la réflexion juridique et de la faire progresser.

  1. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    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-...

  2. Secrets Law

    OpenAIRE

    Luz Helena Guamanzara Torres

    2013-01-01

    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.

  3. 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…

  4. LAW 531 Uop Material - law531dotcom

    OpenAIRE

    honey

    2015-01-01

    LAW 531 Entire Course For more course tutorials visit www.law531.com   LAW 531 Week 1 Quiz (Knowledge Check) LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis LAW 531 Week 2 Quiz (Knowledge Check) LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 2 Individual Business Forms Worksheet LAW 531 Week 2 Learning Team Reflection IRAC Brief LAW 531 Week 3 Quiz (Knowledge Check) ...

  5. Notas e reflexões sobre a jurisprudência internacional em matéria ambiental: a participação de indivíduos e organizações não governamentais Notes and reflections on environmental international jurisprudence: the participation of individuals and non-governmental organizations

    OpenAIRE

    Fúlvio Eduardo Fonseca

    2010-01-01

    O objetivo do artigo é oferecer uma sistematização da jurisprudência internacional relevante envolvendo onGs e meio ambiente. Para isso, buscou-se mapear os casos exemplares levados às instâncias internacionais, como forma de ilustrar o potencial e as limitações da estratégia de se recorrer ao direito internacional, levada a efeito por um crescente número de indivíduos e organizações. A pesquisa considerou as sentenças e decisões de órgãos judiciais (Corte Interamericana de Direitos Humanos, ...

  6. 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.

  7. Spain's ambivalent good governance and rule of law promotion (explaining the paradox in) the case of Algeria

    OpenAIRE

    Bustos, Rafael

    2007-01-01

    This paper attempts to explain why although Spain has now a consolidated democratic regime it is still weakly and ambiguously promoting democracy or even good-governance abroad. Recent events such as international terrorism has made even more urgent to concentrate on democratic assistance in Maghreb neighbouring countries. The concept of governance despite its shortcomings might offer an opportunity for non-intrusive democratic promotion. However, as the case of Algeria shows in the last 3 ye...

  8. 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.

  9. 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.

  10. The application of just administrative action in the South African environmental governance sphere: an analysis of some contemporary thoughts and recent jurisprudence

    Directory of Open Access Journals (Sweden)

    LJ Kotzé

    2004-10-01

    Full Text Available Administrative law, and more specifically administrative justice, is becoming increasingly important in the context of environmental law. The enforcement of environmental law depends to a large extent on administrative decision-making by environmental authorities. A developer, who wishes to undertake a development activity that may have a detrimental effect on the environment, will require an environmental authorization that must be granted by the relevant environmental authority. There may be certain instance where the application for such an authorization is unduly delayed, or where there are mala fides on the part of the relevant authority. This may inevitably infringe the right of the developer to, inter alia, administrative justice. It is argued in this article that the developer has certain constitutional rights which can be invoked when dealing with environmental authorities. Hence, the discussion in this article focuses on the relationship between administrative justice and environmental governance; the constitutional rights of the developer; and recent case law that supports the proposal that the developer has legal recourse when her right to administrative justice has been infringed.

  11. 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…

  12. Evolution and the Law

    Science.gov (United States)

    Mayer, William V.

    1973-01-01

    Some court cases and legislative bills have been filed in states to legalize the use of the creationist view (of life forms on earth) in biology textbooks superseding the organic theory of evolution. The law has not yet accepted the religious viewpoint. (PS)

  13. "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.

  14. 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…

  15. 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...

  16. [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. PMID:24918676

  17. 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.

  18. 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.

  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. Technical rules in law

    International Nuclear Information System (INIS)

    An important source of knowledge for technical experts is the state of the art reflected by catalogues of technical rules. Technical rules may also achieve importance in law due to a legal transformation standard. Here, rigid and flexible reference are controversial with regard to their admissibility from the point of view of constitutional law. In case of a divergence from the generally accepted technical rules, it is assumed - refutably - that the necessary care had not been taken. Technical rules are one out of several sources of information; they have no normative effect. This may result in a duty of anyone applying them to review the state of technology himself. (orig.)

  1. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.)

  2. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP)

  3. The Law Of Environmental Preservation

    International Nuclear Information System (INIS)

    This book deals with preservation regulation on environment, which includes the meaning of environmental law, foundation of environmental law and development, characteristic of the law, the right of environment, the method and the case of lawmaking of environment, formation of environmental law in Korea, organization of administration, explanation of environmental regulation with term and definition, exclusion of application, safety of nature, supervision of air and water, discharge facilities and prevention facility, air pollution, discharge facility business, management of industrial waste substance and grievance mediation and compensation for the lost.

  4. 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.

  5. 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.

  6. Rebels without a Cause? Civil disobedience, Conscientious Objection and the Art of Argumentation in the Case Law of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

    Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol

  7. Judicial Requirements for School Finance and Property Tax Redesign: The Rapidly Evolving Case Law. Proceedings of National Tax Association and Fund for Public Policy Research Seminar on Financing the Seventies. (Boston, Massachusetts, April 12-14, 1972.)

    Science.gov (United States)

    Schoettle, Ferdinand P.

    1972-01-01

    Discusses recent court decisions striking down State school finance systems as being in violation of the equal protection clause. Part one summarizes the relevant constitutional law as well as holdings and rationales of the cases. Part two considers alternative schemes that utilize the property tax as part of the system for funding public schools.…

  8. Freedom of religion and state neutrality in the educational environment: a path through the jurisprudence of the european court of human rights

    OpenAIRE

    Bertini,

    2014-01-01

    The aim of this work is to evaluate the debate surrounding the neutrality of public spaces in relation to religious freedom in light of the new liberalism advocated by John Rawls and Ronald Dworkin and the objections raised byMichael Sandel and Charles Taylor. In particular, I intend to point out why and how this theoretical debate is reflected in current case law, and will address the most important judgments delivered in recent years by the European Court of Human Rights regarding the prote...

  9. Criminal law

    International Nuclear Information System (INIS)

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.)

  10. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

  11. 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.

  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. The generalized distributive law

    OpenAIRE

    Aji, Srinivas M.; McEliece, Robert J.

    2000-01-01

    We discuss a general message passing algorithm, which we call the generalized distributive law (GDL). The GDL is a synthesis of the work of many authors in information theory, digital communications, signal processing, statistics, and artificial intelligence. It includes as special cases the Baum-Welch algorithm, the fast Fourier transform (FFT) on any finite Abelian group, the Gallager-Tanner-Wiberg decoding algorithm, Viterbi's algorithm, the BCJR algorithm, Pearl's “belief propagation” alg...

  14. 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.

  15. 高职院校经济类专业经济法案例教学探析%The exploration on case teaching in economic law curriculum for economics specialty in higher vocational college

    Institute of Scientific and Technical Information of China (English)

    陈迎

    2012-01-01

    Case teaching is one of the common teaching methods in economic law curriculum for econom-ics specialty in higher vocational college. In order to improve the efficiency of case teaching, this paper analyzed the problems and improvement of teaching methods in economic law case teaching.%在高职院校经济类专业的经济法课程教学中,案例教学是普遍采用的教学方法之一:为提高经济法案例教学的效果,本文分析了经济法案例教学中存在的问题,提出了改进方法。

  16. 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.

  17. 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...

  18. Liability of grid managers in case of power disruption. A few civil law aspects; Aansprakelijkheid van netbeheerders bij stroomonderbreking. Enige civielrechtelijke aspecten

    Energy Technology Data Exchange (ETDEWEB)

    Goes, P.W.A.; Koster, M.H. [NautaDulith, Rotterdam (Netherlands)

    2004-04-01

    Almost all disruptions of electricity supply in the Netherlands are caused by failure of the{sub p}ower grids. In this article certain Dutch civil law aspects concerning the liability of grid managers in case of power failures will be discussed. In our opinion electricity can not be qualified as a good under Dutch law. Pursuant to Article 3:1 of the Dutch Civil Code a good is either a proprietary right or is an object. Electricity can not be considered as a proprietary right. In our opinion it is neither an object, since it can not be considered as a material object capable of human control. From the fact that electricity, under Dutch civil law is not to be considered as a good it follows that the delivery of electricity does not qualify as a sale agreement. The delivery of electricity has to be qualified as an agreement to render a service. For the liability of the grid managers it is relevant how the contractual obligations under the service agreement wilt be defined. In our opinion the grid manager has an obligation to guarantee a certain result. This means that if there occurs a power failure the grid manager is in breach of his obligations to transport electricity onder the service agreement. If third parties suffer damages due to a power failure they can hold the grid manager liable for a wrongful act he has committed to them. We discuss the report of the General Energy Council ('AIgemene Energie Raad') and agree with the conclusion and advice of the Council that it is important to have separate rules and regulations regarding liability and quality control. We recommend that the unclear aspects regarding electricity and liabilities should be clarified, preferably in the Dutch Electricity Act. In addition we give certain suggestions as to the rules and regulations regarding liability of grid managers. [Dutch] Onze maatschappij is in verregaande mate afhankelijk van elektriciteit. Stroomstoringen leiden tot grote ver-storingen van de maatschappij

  19. 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.

  20. Nuclear law

    International Nuclear Information System (INIS)

    The preclusion of objections made a legal norm in Sect. 3 para. 1 of the Ordinance concerning the Procedure for Licensing Installations (Sect. 7 para 1 (2) of Procedural Rules under the Atomic Energy Law) does also cover the court proceedings. The non-availability for public inspection of detailed drawings of those parts of the building which are important for its safety is harmless if there is the danger that the publication of these technical details will provide technical information likely to facilitate potential acts of sabotage. Procedural rules must not be interpreted in such a way as to give rise to inconsistency between the aims of the procedure and the purpose of the conditions to be met before a licence under substantive law is granted. Taking the necessary preventive measures against potential acts of sabotage must not be complicated by the way in which the procedure is organized, and its efficiency must not be jeopardized. Lueneburg Supreme Administrative Court - 7 OVG B 88/77 - Decision of February 5, 1981. (orig.)

  1. School Law.

    Science.gov (United States)

    Splitt, David A.

    1987-01-01

    Summarizes a variety of religious issues before United States courts, including two religion-in-the-schools cases in New Jersey and Georgia and two New York cases involving public assistance of private schools. Discusses a wrongful death lawsuit in Connecticut concerning a teenage suicide. (MLH)

  2. Unfair Contract Terms in European Contract Law : Legal consequences for and beyond Swedish Contract Law

    OpenAIRE

    Garrido Huidobro, Mattias

    2014-01-01

    Recent case law from the ECJ on one of the most important EU contract law legislation has left questions open about the compatibility of Swedish con­tract law with the Unfair Contracts Term Directive. The case law on Article 6 (1) in the directive seem to have changed the view on how to deal with the legal consequence of an unfair term in consumer contracts; namely that unfair terms cannot be adjusted but need to be declared invalid. This essay examines how the effects from the ECJ case law p...

  3. Law, Community and Ultima Ratio in Transnational Law

    OpenAIRE

    Massimo Fichera

    2013-01-01

    The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including the expansion of the anti-money laundering legislation and the measures enacted following the economic crisis, will be used as emblematic cases illustrating the development of transnational law and its impact on society. The analysis will also...

  4. Tratamento justo e equitativo a investimentos estrangeiros na Argentina. Análise das expectativas legítimas na jurisprudência do ICSID

    Directory of Open Access Journals (Sweden)

    Fernando Pedro Meinero

    2015-03-01

    Full Text Available O presente trabalho analisa o padrão de tratamento justo e equitativo aos investidores como uma cláusula típica dos tratados bilaterais de investimentos. Antes consistente no “padrão mínimo de tratamento a estrangeiros”, hoje o conceito relaciona-se com a proteção das expectativas legítimas dos investidores. Nos laudos do ICSID que têm como contexto a crise Argentina de 2001-2002, o padrão justo e equitativo foi aplicado na mesma medida que outros casos com contexto fático totalmente diverso. Com base na leitura dessa jurisprudência e de bibliografia específica, busca-se demonstrar que o tratamento justo e equitativo deve possuir apenas um caráter procedimental, não material, sob pena de esvaziar o conteúdo do estândar e das possibilidades de apreciação valorativa pelos tribunais.

  5. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

    Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

  6. 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.

  7. Hydrodynamics-Based Functional Forms of Activity Metabolism: A Case for the Power-Law Polynomial Function in Animal Swimming Energetics

    OpenAIRE

    Papadopoulos, Anthony

    2009-01-01

    The first-degree power-law polynomial function is frequently used to describe activity metabolism for steady swimming animals. This function has been used in hydrodynamics-based metabolic studies to evaluate important parameters of energetic costs, such as the standard metabolic rate and the drag power indices. In theory, however, the power-law polynomial function of any degree greater than one can be used to describe activity metabolism for steady swimming animals. In fact, activity metaboli...

  8. 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)

    OpenAIRE

    SH. M. Hum. TAUFIQURRAHMAN

    2013-01-01

    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 ...

  9. To what extent does Tobler's 1st law of geography apply to macroecology? A case study using American palms (Arecaceae)

    OpenAIRE

    Skov Flemming; Svenning Jens-Christian; Bjorholm Stine; Balslev Henrik

    2008-01-01

    Abstract Background Tobler's first law of geography, 'Everything is related to everything else, but near things are more related than distant things' also applies to biological systems as illustrated by a general and strong occurrence of geographic distance decay in ecological community similarity. Using American 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...

  10. Growth Equation with Conservation Law

    OpenAIRE

    Lauritsen, Kent Baekgaard

    1995-01-01

    A growth equation with a generalized conservation law characterized by an integral kernel is introduced. The equation contains the Kardar-Parisi-Zhang, Sun-Guo-Grant, and Molecular-Beam Epitaxy growth equations as special cases and allows for a unified investigation of growth equations. From a dynamic renormalization-group analysis critical exponents and universality classes are determined for growth models with a conservation law.

  11. THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

    OpenAIRE

    Lamya - Diana AL-KAWADRI

    2014-01-01

    This study aims to analyze the case law of the ECJ and ECHR on the nature of administrative sanctions and their relation to criminal law. Also, some important criteria used by different Member States in their own legal systems in differentiating between criminal and administrative sanctions are presented. As it will be shown in this study, in establishing the difference between administrative and criminal offence sanctions, the case law of both the European Court of Human Rights and the Court...

  12. 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.

  13. 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.

  14. 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…

  15. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP)

  16. Exploration of Online Case Teaching Mode in Open Education of Law Major--Practice and Reflection on the "State Compensation Law" online course teaching%开放教育法学专业网上案例式教学模式的探索--《国家赔偿法》课程网上教学的实践与反思

    Institute of Scientific and Technical Information of China (English)

    李爽

    2013-01-01

      网上教学是开放教育突破传统课堂式教学模式的一大特色,利用网络平台进行案例教学更是适合开放教育法学专业的一种教学模式。笔者在《国家赔偿法》课程的网上教学活动中,探索运用案例式教学,以期为今后的开放教育法学专业相关课程的网上教学提供参考借鉴。%  Online teaching is a major feature of the open education, and case teaching by using the network platform is a kind of teaching mode for the open education of law major.In the online teaching activity of the State Compensation Law, the author explored case teaching, to provide a reference for related courses online teaching in open education of law major.

  17. 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.

  18. Modernizing "San Antonio Independent School District v. Rodriguez": How Evolving Supreme Court Jurisprudence Changes the Face of Education Finance Litigation

    Science.gov (United States)

    Saleh, Matthew

    2011-01-01

    This article aims to "modernize" the current legal debate over inequitable public school funding at the state and local level. The 1973 Supreme Court case of "San Antonio Independent School District v. Rodriguez" established precedent, allowing for property-tax based education funding programs at the state-level--a major source of local inequality…

  19. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

    This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law liability for accidents (tort law), property law, and contracts as well as the litigation process and public enforcement of law.

  20. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

    This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement and criminal law. It also briefly considers some criticisms of the economic analysis of law.

  1. 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。

  2. Civil commitment and the criminal insanity plea in Israeli law.

    Science.gov (United States)

    Toib, Josef A

    2008-01-01

    In Israeli jurisprudence there is a substantial difference towards mentally ill patients between the civil and penal law systems that goes well beyond differences required by their separate objectives. Mentally ill people dangerous to others due to their illness belong in the hospital, not in the community or in jail. The data gathered especially for this paper make it hard to escape the conclusion that contemporary practice in Israel does not accord with this objective. On the civil front, inaccuracy in predicting who is dangerous may lead to involuntary commitment of people who are not dangerous. On the criminal side, too few people are sent to the hospital in Israel and correspondingly too many to jail. Comparison with US data and practice shows that on the civil side prediction has been improved by using actuarial methods, while on the penal side more up to date definitions of mental illness have been adopted. Whatever the appropriate solution for Israel, surely the first requirement is recognition of the problem. PMID:18374417

  3. Civil Law

    Energy Technology Data Exchange (ETDEWEB)

    1981-01-01

    If electricity rate payment boycotters withhold parts of the payment due for electric energy supplied, this refusal to pay rates will give the electric utility the right to use its right of lien according to sect. 33 para. 2 of the General Terms and Conditions governing the supply with electricity, gas, district heat and water. This is also applicable if, in the individual case, it is a matter of only small amounts.

  4. Book Review: Applicable law in investor-state arbitration: the interplay between national and international law

    OpenAIRE

    Maniruzzaman, Munir

    2014-01-01

    Over the last quarter-century international investment arbitration has grown exponentially and case law in the field is developing apace towards an emerging body of international law, known as international investment law. With many distinct characteristics international investment arbitration or investor-state arbitration, as opposed to international commercial arbitration, is emerging as a column of the edifice of public international law, according to many jurists. One may wonder, however,...

  5. Law and family planning.

    Science.gov (United States)

    Gerber, P

    1984-03-17

    The decision in the Gillick case confirms that oral contraceptives (OCS) may be prescribed for adolescents under age 16 without their parent's knowlege or consent. And it is probable that to convey the information to parents will render the doctor guilty of professional miscnduct. This is true incases where the adolescent has reached the age of 16 and thus attained the age of consent, notwithstanding the decision in the Browne case. In that case, an elderly Birmingham general practitioner, Dr. Robert Browne, was chaged, on the information of a local family planning clinc, with serious professional misconduct when he told the father of a girl who had been his patient since birth that she was taking OCS. The girl had consulted a local family planning clinic, which had put her on OCS and conveyed the information to Dr. Browne in a confidential letter. Dr Browne had decided that her parents were the best people to counsel her, and since the information had been supplied by the clinic, "I could not accept from a third party a unilateral imposition of confidential information." The latter proposition is specious; the former is not a good defense at law. The decision of the General Medical Council's Disciplinary Committee in favor of Dr. Browne rests on tenuous reasoning. It was most likely wrong when it was handed down in 1971 and would almost certainly not be followed today. There is something in the Gillick case to infuriate every family doctor. At 1 level, the decision points the finger at as sensitive area of family medicine most often ignored by medical practitioners -- the provision of timely counseling, particularly in the area of sexual relations. The point has been reached where a family planning clinic's judgment can be lawfully substituted for that of parents on issues involving the moral and emotional development of their children. A doctor's obligation to maintain confidentiality does not come about by default, nor can it gan moral reinforcement as a result

  6. 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

  7. National Courts and EU Law

    DEFF Research Database (Denmark)

    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......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...... 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...

  8. ESSENTIALISM MAKES FOR STRANGE BEDMATES: THE SUPREME COURT CASE OF J.A. AND THE INTERVENTION OF L.E.A.F.

    Directory of Open Access Journals (Sweden)

    Richard Jochelson

    2015-05-01

    Full Text Available In the recent case of R. v J.A, the majority of the Supreme Court of Canada determined that an unconscious person could not consent in advance to sexual touching. This paper reviews the majority reasoning and questions whether the intervention of the Women’s Legal Education and Action Fund [LEAF] penetrated the reasoning. The majority couched its reasoning in the interpretive tenets of judicial conservatism. Yet this conservatism aligned with the equality-based submissions of LEAF. Moments of such converging ideologies are relatively unique in the jurisprudence. This convergence is compared with a notable historical moment of convergence in the development of indecency and obscenity law in Canada. This time, however, LEAF’s rationales are more likely to meet little in the way of academic or activist critique because of the changing nature of identity politics in Canada. Dans la récente affaire R. c. J.A., la majorité des juges de la Cour suprême du Canada a établi qu’il ne peut y avoir consentement à l’avance à des actes sexuels commis pendant qu’une personne est inconsciente. Le présent article passe en revue le raisonnement de la majorité et examine si l’intervention du Fonds d’action et d’éducation juridiques pour les femmes (FAEJ a influencé ce raisonnement. La majorité des juges a fondé son raisonnement sur les principes d’interprétation du conservatisme judiciaire. Or, ce conservatisme allait dans le sens des arguments du FAEJ en matière d’égalité. Un tel degré de convergence d’idéologies est relativement rare dans la jurisprudence. La convergence dans cette affaire est comparée à celle, notable et historique, qu’on a connue lors de l’élaboration de la législation sur l’indécence et l’obscénité au Canada. Cette fois-ci, cependant, les motifs du FAEJ vont probablement être peu critiqués par les milieux universitaire et militant, étant donné l’évolution de la politique identitaire

  9. Compare. An analysis of jurisprudence of the Dutch Real Estate Appraisal in relation with the vicinity of wind turbines

    International Nuclear Information System (INIS)

    The central question in this report concerns the impact of recent judgements with regard to the devaluation of houses as a result of wind turbines in the vicinity of those houses. More specific: does the installation of wind turbines near houses effect the so-called Real Estate Appraisal tax for those houses. From four cases it appears that three aspects are important: noise pollution, cast shadow hindrance and visual hindrance, caused by wind turbines

  10. 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 institutes. As…

  11. [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. PMID:23043699

  12. 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…

  13. Teaching Global Law.

    Science.gov (United States)

    Wojtan, Linda S.

    1980-01-01

    Addresses problem of American students' limited knowledge of international issues and laws. Provides articles for secondary school students on law around the world, South Africa, Russia, folk law, and alternatives to the adversary system and suggests relevant resources. (KC)

  14. 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...

  15. Criminal law and mental illness

    Directory of Open Access Journals (Sweden)

    Stojanović Zoran

    2015-01-01

    Full Text Available The paper deals with the problem of criminal law reaction to behavior of mentally ill, insane offenders who violate or threaten the criminal law protected values. To the preliminary question of whether the criminal reaction is generally justified in regard to quasi-criminal acts of mentally ill persons (which are not criminal in the true sense because they lack mens rea which is a constituent element of each offense, the answer is still yes. There are no other, more appropriate forms of social control, or other legal mechanisms that could more effectively than the criminal law, while respecting the safeguards that have become indispensable in criminal law, protect important goods of the individual or society from the harmful behavior of mentally ill persons. Although the entire criminal law is based on guilt and the subjective attitude of the offender towards the criminal offense for which he is exposed to the social-ethical reprimand, it is excluded in case of mentally ill, insane offenders and implementation of appropriate security measures. Capabilities of criminal law in performing a protective function relative to mentally ill offenders are certainly more modest than in case of perpetrators who can be held accountable. The entire general prevention (whether positive or negative underlying protective function of criminal law, is almost inconceivable in relation to potential offenders who are mentally ill. Available options are reduced to detention and psychiatric treatment of the mentally ill offender. The application of security measures to insane, mentally ill persons is limited, therefore, mainly to certain aspects of special prevention. Even exercising social control through criminal law differs, significantly, depending on whether we talk about incompetent, mentally ill persons or those who have normal mental abilities.

  16. 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.

  17. Réification et marchandisation du corps humain dans la jurisprudence de la Cour EDH. Retour critique sur quelques idées reçues

    OpenAIRE

    Robert, Loïc

    2015-01-01

    La Cour européenne des droits de l’homme est amenée à se prononcer sur des questions éthiquement sensibles, telles que le statut des organes et produits du corps humain, la prostitution, la gestation pour autrui ou encore la liberté sexuelle. Les décisions rendues par la Cour dans ces domaines ont en commun qu’elles interrogent sur le statut du corps humain ainsi que sur les limites à apporter au droit de chacun à disposer de son corps. Alors que certains auteurs ont dénoncé la jurisprudence ...

  18. 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. PMID:26546800

  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. 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…

  1. 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.

  2. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    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...... 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 of...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally....

  3. Integrable viscous conservation laws

    Science.gov (United States)

    Arsie, Alessandro; Lorenzoni, Paolo; Moro, Antonio

    2015-06-01

    We propose an extension of the Dubrovin-Zhang perturbative approach to the study of normal forms for non-Hamiltonian integrable scalar conservation laws. The explicit computation of the first few corrections leads to the conjecture that such normal forms are parameterized by one single functional parameter, named the viscous central invariant. A constant valued viscous central invariant corresponds to the well-known Burgers hierarchy. The case of a linear viscous central invariant provides a viscous analog of the Camassa-Holm equation, that formerly appeared as a reduction of two-component Hamiltonian integrable systems. We write explicitly the negative and positive hierarchy associated with this equation and prove the integrability showing that they can be mapped respectively into the heat hierarchy and its negative counterpart, named the Klein-Gordon hierarchy. A local well-posedness theorem for periodic initial data is also proven. We show how transport equations can be used to effectively construct asymptotic solutions via an extension of the quasi-Miura map that preserves the initial datum. The method is alternative to the method of the string equation for Hamiltonian conservation laws and naturally extends to the viscous case. Using these tools we derive the viscous analog of the Painlevé I2 equation that describes the universal behaviour of the solution at the critical point of gradient catastrophe.

  4. 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

  5. 法的确定性和灵活性关系的疏释--立足于三大法系维度的探析%Analysis on Relationship between Legal Certainty and Flexibility---Exploration Based on Dimensions of Three Law Systems

    Institute of Scientific and Technical Information of China (English)

    段美玲

    2016-01-01

    Abstrca t:In the middle of 19th Century, conceptual jurisprudence , which centered on legal certainty and keened on construction of le-gal system, rose. At the end of 19th Century, new social problem came out , and there were no solutions from the codes , which led to emergence of sociological jurisprudence and intersession jurisprudence that pursued “living law”.Regarding the three existing law sys-tems, each has its own regime of certainty and flexibility , which is the fruit of development of their legal practice .In terms of the cur-rent construction of China ’ s rule of law , it is necessary to respect the certainty of law so as to ensure the legal authority .Meanwhile , legal flexibility is supposed to be considered , but it should be also effectively regulated .%19世纪中期,强调法的确定性的、热衷于法律结构体系构造的概念法学产生。19世纪末,新的社会问题的出现,在法典中找不到答案,促使崇尚“活的法律”的社会法学、利益法学兴起。在现存的三大法系中,各有各的确定性机制和灵活性机制,这是各国法律实践发展的产物。当前就我国的法治建设而言,首先应当尊重法的确定性,树立起法律的权威,其次应适当地引入灵活性机制,但这种灵活性应受到有效的规制。

  6. 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.

  7. Energy-Momentum and Gauge Conservation Laws

    OpenAIRE

    Giachetta, G.; Mangiarotti, L.; Sardanashvily, G.

    1998-01-01

    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...

  8. On the Necessarily Public Character of Law

    OpenAIRE

    Walker, Neil

    2012-01-01

    This paper asks whether and how modern law may be understood as necessarily public in character. It begins by looking at the two main ways - doctrinal and disciplinary - in which law is understood as only selectively and contingently public. In both these cases law's public quality is counterposed to its private quality. However, publicness can also be conceived of as the juridical master category embracing the public and the private in the disciplinary and doctrinal senses. This conception o...

  9. 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.

  10. The Subject Before the Law

    DEFF Research Database (Denmark)

    Simonsen, Karen-Margrethe

    2013-01-01

    This article presents a critical discussion of the importance and use of narration within the law. It takes its point of departure in Robert Musil's "The Man Without Qualities", especially focusing on the Moosbrugger case, the resemblance between the criminal Moosbrugger and the intellectual hero...

  11. 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)

  12. CSR activities within service corporations : A case study about how four legal jurists and their service corporation conduct CSR activities with primary focus on SME law firms.

    OpenAIRE

    Kornmann, Jan; Adolfsson, Marcus

    2010-01-01

    Purpose: The purpose of this thesis is to interview four legal jurists in order to explore how they conduct CSR activities within their service corpora-tion, with primary focus on SME law firms. Background: A current issue to address concerning the conduct of business these days is CSR activities. Although, the previous research concerning CSR activities and the service sector is limited. Theoretical Framework: The theoretical framework is divided into four parts; a general part concerning th...

  13. The protection of workers in the case of business transfers : a comparative study of the law in the USA, UK and South Africa

    OpenAIRE

    Ver Loren van Themaat, A. A. H.

    1994-01-01

    Business transfers and accompanying business changes are a focal point for the tension between the protection of rights of employees, including their property rights in the job and their "right" to meaningful participation, and the interests of management in achieving its economic objectives effectively. A comparison of the law in the United States, South Africa and the United Kingdom can cast the divergent interests, which become conspicuous during corporate reorganisations, i...

  14. THIRLWALL YASASI: TÜRKİYE ÖRNEĞİ, 1982-2008 = THIRLWALL LAW: THE CASE OF TURKEY, 1982-2008

    OpenAIRE

    ABDİOĞLU, Zehra; Yamak, Rahmi

    2010-01-01

    In this study, the balance-of-payments constrained economic growth known as Thirlwall's law was tested to include capital flows and debt servicing for Turkey at the period of 1982-2008 using Kalman filter estimation method. According to the results, Thirlwall and Hussain’s (1982) and Elliott and Rhodd’s (1999) the balance-of-payments constrained economic growth rate is the best indicator ofactual growth rate.

  15. 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 for...... 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....... withdrawing from joint municipal companies etc. The article makes a distinction between non-arbitrable incidental issues which cannot be decided by an arbitration court, and where any arbitral award which does so is nullifiable for this reason alone, and arbitrable incidental issues which can be decided by...

  16. AN UNPRECEDENTED LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    On the eve of the 10th anniversary of Hong Kong’s return to China and the implementation of the Basic Law of the Hong Kong Special Administrative Region, Beijing Review reporter Li Li spoke to Professor Xu Chongde from the Law School of Renmin University of China, a Basic Law drafter, about how the law was created and its spirit.

  17. [Teaching about Family Law].

    Science.gov (United States)

    Ryan, John Paul, Ed.

    1992-01-01

    This issue of "Focus on Law Studies""contains a special emphasis on teaching about law and the family", in the form of the following three articles: "Teaching Family Law: Growing Pains and All" (Susan Frelich Appleton); "The Family Goes to Court: Including Law in a Sociological Perspective on the Family" (Mary Ann Lamanna); and Michael Grossberg's…

  18. 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。

  19. 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

  20. 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)

  1. Legal Currency in Special Education Law

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

    A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…

  2. New Proof of the Generalized Second Law

    OpenAIRE

    Mukohyama, Shinji

    1996-01-01

    The generalized second law of black hole thermodynamics was proved by Frolov and Page for a quasi-stationary eternal black hole. However, realistic black holes arise from a gravitational collapse, and in this case their proof does not hold. In this paper we prove the generalized second law for a quasi-stationary black hole which arises from a gravitational collapse.

  3. 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…

  4. 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....

  5. 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.

  6. Relativistic Hubble's law

    OpenAIRE

    Ko, Yongkyu

    2003-01-01

    Considering the hyperbolic nature of the universe, the Hubble's law and the inverse square laws such as, the Coulomb's law and Newton's gravitational law, should be modified in accordance with the special theory of relativity. Consequently there is no the Hubble's length, which might be the observable boundary of our universe, does not appear in point of view of the special theory of relativity, and the Newton's third law still hold in the special theory of relativity. Recent astronomical obs...

  7. 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.

  8. 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.

  9. Constitutional legitimacy: Sharia Law, Secularism and the Social Compact

    Directory of Open Access Journals (Sweden)

    Zia Akhtar

    2011-05-01

    Full Text Available This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law. The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made

  10. Effect of Imprisonment on Prisoners in the Light of Gabriel Tarde's Three Laws (Case Study: Prison of Qom, Arak and Karaj Cities)

    OpenAIRE

    Sara Nikbakht; Mahmoud Ghayoumzadeh; Davoud Hosienzadeh; Behzad Shoghi

    2013-01-01

    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 Ka...

  11. Using Sohn's law of additive reaction times for modeling a multiparticle reactor. The case of the moving bed furnace converting uranium trioxide into tetrafluoride

    OpenAIRE

    Patisson, F.; Dussoubs, B.; Ablitzer, D.

    2006-01-01

    One of the major issues with multiparticle reactors is to handle their multiscale aspect. For modeling, it usually comes to coupling a reactor model (describing the phenomena at the macroscopic scale) with a so-called grain model (simulating the behavior of a single grain or a particle). An interesting approach proposed by H.Y. Sohn (1978) is to use the law of additive reaction times in order to calculate, approximately but analytically, the reaction rate of a particle in the reactor model. I...

  12. The right to respect for (private and) family life in the case-law of the European Court of Human rights: the protection of new forms of family

    OpenAIRE

    Almeida, Susana

    2009-01-01

    Comunicação apresentada no 5th World Congress on Family Law and Children’s Rights, Halifax, Canada, 23th-26th August 2009. This paper examines the scope of protection granted to new forms of family by Article 8 of the European Convention of Human Rights, which guarantees the right to respect for family life. In particular, the paper intends to analyze the complex and evolving interpretive task of the European Court of Human Rights in regard to the definition of the term “family life” unde...

  13. 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.

  14. Unification of Patrimonial Laws Governing International Trade

    DEFF Research Database (Denmark)

    Lando, Ole

    2016-01-01

    Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, amon...... the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule....

  15. The Obligation of the National Administrative Organs to Reexamine their own Decisions in the Context of the Recent Jurisprudence of the Court of Justice of the European Union

    OpenAIRE

    Gina Livioara GOGA

    2010-01-01

    At the European Union’s level, the primary law does not include express regulations regarding the revocation or the reexamination of the administrative acts. The possibility to revoke or retreat an EU act, adopted based on its competencies, granted in breaching the law, represents a matter regarding which the Court of Justice manifests a tendency to change practice in the past years.

  16. Telemedicine and the law

    International Nuclear Information System (INIS)

    Full text: Aim: To identify the legal and ethical obstacles to the development of tele (nuclear) medicine, and to propose solutions. Material and method: Lessons have been drawn from 4 years practice of telemedicine between Luxemburg and 5 European centres. Problems so raised have been confronted with the US and EU literature. Results: Academic applications (web sites, teaching, hospital networks) are yet functional and are not dealt with here. Difficulties arise in case of 1st reading (e.g. 24 hour service), 2nd reading (expert advice) or distant reading (locum, service in remote places). In most applications, the relation is doctor to doctor; patient issues like quality of content, freedom of choice are minor. A body of laws, rules and directives apply to other issues. Confidentiality is ruled by the EU Directives on the Protection of Individuals and on Data Protection. Data are commonly encrypted/anonymized. Consent and free choice are ruled by the law of medicine. A doctor requiring 2nd advice stays in charge of the patient (no need to consent). Remote reading or 1st reading is usually based on prior agreement between doctors (like after hours service), and information or consent is recommended. Registration and accreditation are ruled by the Directives of the European Internal Market for Services. No obstacle to the delivery of services across the EU would remain if it is perceived that a tele-patient consults abroad rather than a tele-doctor practices abroad. (author)

  17. 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)

  18. The Necessity for Interdisciplinary Studies and the New Prospects for Law and Economics in Islam (Case study of Coase Theorem, Transaction Costs

    Directory of Open Access Journals (Sweden)

    M.J. Sharifzade

    2010-07-01

    Full Text Available The publication of “The Problem of Social Cost” by Ronald Coase in the 1960s shaped a turning point in the interdisciplinary studies between economics and other related disciplines. The pre-coasian economic theories –which mostly belonged to neo-classical school - place no importance on the legal and historical institutions. Coase along with other property rights economists showed that when transaction costs are positive, allocative efficiency is not independent from legal rules and so the legal institutions have a determining role in achieving efficiency. This framework remembers us that when transaction costs are positive, interdisciplinary studies are unavoidable. The rise of “Law and Economics” movement in the academic literature was the natural consequence of the Coase Theorem. In this paper, we shall introduce these new perspectives and their implications for interdisciplinary research about law, economics, and history in Islam. We will see that Coase theorem and the very conception of transaction costs can play an important role in developing Islamic interdisciplinary research on economics and open new research perspectives.

  19. 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.

  20. Critical Race Realism: Re-Claiming the Antidiscrimination Principle through the Doctrine of Good Faith in Contract Law

    Directory of Open Access Journals (Sweden)

    Emily M.S. Houh

    2005-04-01

    Full Text Available This Article comprises the last leg of a larger project I have undertaken on the implied obligation of good faith in contract law. I have argued elsewhere that, as a descriptive matter, the doctrine of good faith and fair dealing in contract law, despite some theoretical controversy in the established scholarship on the doctrine, functions in contemporary contract law not as an implied contract term—as it was originally conceived—but as a rhetorical proxy for judicial analyses of material breach and constructive conditions relating to underlying breach of contract claims. While such applications of good faith have been of great functional value to courts, lawyers, and students of contract law, I have argued that these developments have caused good faith jurisprudence to languish in an impoverished state and to further detach from the doctrine’s equitable roots in implicit contractual obligation. As such, I also have argued from a critical race perspective that, as a normative matter and due to the inadequacies of civil rights remedies, good faith should be used to prohibit discriminatory conduct based on race, gender, sexual identity, age, and/or other categories of identity in the contractual context.

  1. Legal certainty and Commercial Law: a comparative perspective (common law x civil law)

    OpenAIRE

    Fábio Ulhoa Coelho

    2015-01-01

    The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideolog...

  2. LABOUR LAW PATRIMONIAL LIABILITIES. GENERAL ASPECTS

    OpenAIRE

    Georgiana , COVRIG

    2014-01-01

    The damages under labour law are assessed according to special legal provisions and in the absence of such regulations, civil law regulations must be applied in relation to the prices at the time at which the agreement of will was made or the damaged person may bring the action before the court. In the case of goods’ damage, the damage assessment is done in all cases taking into account the real degree of wear of the asset.

  3. Arbitrability and Foreign Law : An analysis of under which state’s law a dispute must be amenable to out-of-court settlement in order to be arbitrable under Swedish law

    OpenAIRE

    Gräslund, David

    2015-01-01

    Which State’s law should determine if a dispute is amenable to out-of-court settlement and consequently whether a dispute is arbitrable under Swedish law? Some legal scholars reason that general principles of private international law should solve the question as a conflict-of-laws issue, while others believe that Swedish mandatory law should apply directly. The Swedish Arbitration Act is unclear and both solutions find support in contradictory case law. It is thus not only debatable what the...

  4. 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.

  5. Legal certainty and Commercial Law: a comparative perspective (common law x civil law

    Directory of Open Access Journals (Sweden)

    Fábio Ulhoa Coelho

    2015-06-01

    Full Text Available The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideology changes. As “ideology matters”, if a country wants to provide more legal certainty, it has to develop actions aiming at changing the ideology. The conclusion suggests the thesis that ideology would be the most important aspect in the matter of legal certainty also in common law jurisdictions.

  6. A critical review of vapor generation laws used for the analysis of two-phase flows in pipes

    International Nuclear Information System (INIS)

    Some vapor generation laws are reviewed and discussed. They are divided into empirical and analytical laws. Analytical laws are first examined. These laws result from analytical solutions of the local instantaneous equations applied to elementary cases. Empirical laws, i.e. laws that are determined by correlations with experimental data, are then discussed

  7. Factorisations of distributive laws

    OpenAIRE

    Kraehmer, Ulrich; Slevin, Paul

    2014-01-01

    Recently, Boehm and Stefan constructed duplicial (paracyclic) objects from distributive laws between (co)monads. Here we define the category of factorisations of a distributive law, show that it acts on this construction, and give some explicit examples.

  8. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

  9. 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.

  10. 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. PMID:23262771

  11. Law of Demand

    OpenAIRE

    Michael Jerison; John K.-H. Quah

    2006-01-01

    We formulate several laws of individual and market demand and describe their relationship to neoclassical demand theory. The laws have implications for comparative statics and stability of competitive equilibrium. We survey results that offer interpretable sufficient conditions for the laws to hold and we refer to related empirical evidence. The laws for market demand are more likely to be satisfied if commodities are more substitutable. Certain kinds of heterogeneity across individuals make ...

  12. Theorising international environmental law

    OpenAIRE

    Humphreys, Stephen; Otomo, Yoriko

    2014-01-01

    From The Oxford Handbook of International Legal Theory (Florian Hoffmann and Anne Orford, eds, Oxford UP, forthcoming 2014). --- This paper, part of a larger work on international law theory, sketches some early lines of inquiry towards a theoretical understanding of international environmental law. As the body of international law regulating human interaction with the natural world, one might expect this branch of law to be a cornerstone of the international system. Yet in practice,...

  13. Behavioral Law and Economics

    OpenAIRE

    Christine Jolls

    2007-01-01

    Behavioral economics has been a growing force in many fields of applied economics, including public economics, labor economics, health economics, and law and economics. This paper describes and assesses the current state of behavioral law and economics. Law and economics had a critical (though underrecognized) early point of contact with behavioral economics through the foundational debate in both fields over the Coase theorem and the endowment effect. In law and economics today, both the end...

  14. Environmental protection law; Umweltschutzrecht

    Energy Technology Data Exchange (ETDEWEB)

    Kloepfer, M. [Humboldt-Universitaet, Berlin (Germany)

    2008-07-01

    The author of the book under consideration reports on the entire environmental protection law in a systematic survey. The book attaches great importance to the presentation of the legal fundaments, the European legal background, to the constitutional law and considers the ministerial draft bill to the environmental law book. The book under consideration is addressed to students of the law as well as junior lawyers. It is suitable for the preparation on the examination.

  15. 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.

  16. Education on Environmental Law.

    Science.gov (United States)

    Cano, Guillermo J.

    1981-01-01

    Argues that environmental law, as part of legal science, should be taught at universities; discusses the development of environmental law and its relationship to other sciences; and proposes a framework for studying environmental law as a university course for study. (DC)

  17. Stochastic Conservation Laws?

    CERN Document Server

    Sidharth, B G

    1998-01-01

    We examine conservation laws, typically the conservation of linear momentum, in the light of a recent successful formulation of fermions as Kerr-Newman type Black Holes, which are created fluctuationally from a background Zero Point Field. We conclude that these conservation laws are to be taken in the spirit of thermodynamic laws.

  18. The Constitutional Law Sessions

    Science.gov (United States)

    White, Daniel O.

    1972-01-01

    Teachers, attorneys, and law educators met to evaluate 1971 workshops in law education and to plan improved learning experiences at future workshops. Coordination between substantive law sessions and teaching methodology sessions was cited as a major necessity. Teachers were encouraged to develop their own material. (JB)

  19. Henry's Law: A Retrospective

    Science.gov (United States)

    Rosenberg, Robert M.; Peticolas, Warner L.

    2004-01-01

    A retrospective view of Henry's law and its applicability in any specific system at a finite concentration is tested. It can be concluded that Henry's law is only a limiting law and is adequate at low mole fractions but is useful for practical purposes where high precision is not required.

  20. Law of Empires.

    Science.gov (United States)

    Martz, Carlton

    2001-01-01

    This issue of "Bill of Rights in Action" explores issues raised by empires and imperial law. The first article, "Clash of Empires: The Fight for North America," looks at the clash of empires and the fight for North America during the 18th century. The second article, "When Roman Law Ruled the Western World," examines Roman Law, which helped hold…