Perlin, Michael L
This article considers the implications of assisted outpatient commitment laws (OPC), with specific focus on New York's "Kendra's Law" through the lens of therapeutic jurisprudence (TJ). In this article, the author offers perspectives on the relationship between involuntary civil commitment, outpatient commitment, and the concept of the "least restrictive alternative"; considers pertinent empirical research, and looks at OPC's controversial relationship to forced drugging. Here, the civil libertarian critique is briefly considered, as well as the MacArthur Research Network research. Finally, the author looks closely at Kendra's Law, providing a brief overview of the law itself, and identifying some "pressure points" and pivotal issues, and considers the TJ implications of Kendra's Law, to determine how it "fits" into the public's "take" on all of mental disability law.
Hammad, Hamza Abed Al-Karim
This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.
Rosane Leal da Silva
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.
Ferrazzi, Priscilla; Krupa, Terry
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. © The Author(s) 2014.
Ferris, Lorraine E
Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.
Full Text Available This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it creates larger responsibility for those who create possible risks, comparing to the previous period. The precautionary principle can be found in numerous international treaties in this field, which regulate it in a very similar manner. There is no consensus in doctrine whether this principle has reached the level of international customary law, because it was interpreted differently and it was not accepted by large number of countries in their national legislations. It represents a developing concept which is consisted of changing positions on adequate roles of science, economy, politics and law in the field of environmental protection. This principle has been discussed in several cases before International Court of Justice and International Tribunal for the Law of the Sea.
Župan, Mirela (ed.)
The Faculty of Law at the Josip Juraj Strossmayer University of Osijek and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), within the framework of the Open Regional Fund for Southeast Europe (ORF) – Legal Reform and South East European Law School Network, organized the 11th Regional Private International Law Conference: “Private International Law in the Jurisprudence of European Courts – Family at Focus” (Osijek, Croatia, 11-12 June 2014) It was the 11th meeting of academics: p...
Corral García, Eduardo
The impact is analyzed that on the Spanish Law relative to questions bioethics--as the Law on artificial reproduction, the Law of biomedical investigation, and the Law on sexual and reproductive health--can have the conception of human embryo enunciated by the Court of Justice of the European Union in his judgment of October 18, 2011, considering it to be any ovum fertilized with independence of the degree of reached development.
Justice Markandey Katja (Judge, Supreme Court of India) explains and illustrates the concept of 'constitutional jurisprudence' - as a kind of philosphy of constitutional law, seeking to explain in general terms ideas such as: What is a constitution? What is its purpose? What is its position in the legal system of the country?
Levesque, Roger J R
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. (c) 2014 APA, all rights reserved.
Chang, Hui-Chin; Wang, Ning-Yen; Ko, Wen-Ru; Yu, You-Tsz; Lin, Long-Yau; Tsai, Hui-Fang
The effective education method of medico-jurisprudence for medical students is unclear. The study was designed to evaluate the effectiveness of problem-based learning (PBL) model teaching medico-jurisprudence in clinical setting on General Law Knowledge (GLK) for medical students. Senior medical students attending either campus-based law curriculum or Obstetrics/Gynecology (Ob/Gyn) clinical setting morning meeting from February to July in 2015 were enrolled. A validated questionnaire comprising 45 questions were completed before and after the law education. The interns attending clinical setting small group improvisation medico-jurisprudence problem-based learning education had significantly better GLK scores than the GLK of students attending campus-based medical law education course after the period studied. PBL teaching model of medico-jurisprudence is an ideal alternative pedagogy model in medical law education curriculum. Copyright © 2017. Published by Elsevier B.V.
This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)
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...
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
Daniel Wei Liang Wang
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
Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.
This article examines the disability compensation programs and health care system of the Department of Veterans Affairs (VA) from the perspective of therapeutic jurisprudence scholarship. VA psychiatric patients have unambiguous financial incentives to endlessly litigate disability claims, to seek lengthy hospitalization rather than outpatient treatment, and to be ill, disabled, and unemployed. These countertherapeutic incentives reward incapacitation, encourage perceiving one-self as sick, diminish personal responsibility, taint treatment relationships, and lead to disparaging perceptions of VA patients. In addition, such perceptions produce moral dilemmas that arise from mutual distrust and frustration when patients and caregivers have antagonistic goals for the clinical encounter. Changes in disability determination procedures, compensation levels, and patterns of payment for treatment could give VA patients and caregivers a "healthier" health care system that encourages personal responsibility and promotes respectful attitudes toward patients. In the absence of such changes, an awareness of countertherapeutic financial incentives can help clinicians distinguish between psychopathological behavior and the pursuit of a rational income strategy, and can help practitioners recognize that apparently deceitful or litigious behavior represents a reasonable response to the economic contingencies that VA patients face.
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
In this way, the law is enabled to provide a common measure of acceptable social behaviour in the absence of which anarchy will reign, making social life and government impossible. In the previous republics in Nigeria, the rule of law has not been quite impressive. What was the case had been an irregular rise and fall of ...
This paper gives and analyses three examples of case law: decision rejecting application to close down Tomari nuclear power plant (Japan); judgement by the Supreme Administrative Court on the closing of Barsebaeck (Sweden); litigation relating to the Department of Energy's obligations under the Nuclear Waste Policy Act to accept spent nuclear fuel and high-level radioactive waste (United States). (A.L.B.)
Full Text Available In rapidly changing social, economic and intellectual environments it is imperative that teaching and learning should be transformed from being primarily concerned with the transmission of knowledge (learning about to being primarily concerned with the practices of a knowledge domain (learning to be. Law lecturers are faced with a new generation of law students, many of whom may be the first in their families to enter university, and one of the important challenges that we face, when educating law students, is how to enable these students to take their place in a very important profession. To meet this challenge it is necessary to instill skills that will be beneficial to the profession, future clients and the community as a whole. We at the University of Johannesburg are endeavouring to do so through embracing a therapeutic jurisprudence approach that focuses on the well-being of the student, the client and the community. The integration of therapeutic jurisprudence throughout the law student's studies, starting with orientation and continuing through to the final-year clinical experience, will enhance the therapeutic outcomes for all of the parties involved. A therapeutic jurisprudence approach, combined with appropriate teaching and learning methods, will enhance the student's interpersonal skills and writing and reading skills. The teaching methods invoked include role-play to transform formal knowledge into living knowledge, thereby stimulating students' natural practical curiosity and creating a learning environment that supports collaboration and encourages students to act purposefully in such an environment. This article discusses the teaching of first-generation students and how to overcome the existing social, cultural, economic and linguistic barriers by using a therapeutic jurisprudence approach, while upholding the values that should guide legal practice, such as integrity and respect for diversity and human dignity. The
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
This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant; 2 - Poland: Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository (2015); 3 - United States: Commission authorises issuance of construction permit for the Shine Medical Isotope Facility in Janesville, Wisconsin; 4 - United States: Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas
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
Gemma Geis Carreras
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
This chapter gathers three case laws, one concerning France and the two others concerning the United States. France - Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant: On 9 March 2011, the administrative court in Strasbourg confirmed the government's rejection to immediately close the Fessenheim nuclear power plant, the first unit of which started operation on 1 January 1978. The court rejected the motion of the 'Association trinationale de protection nucleaire' (ATPN) filed against the decision of the Minister of Economy, Industry and Employment to refuse the final shutdown of the plant. The group, which brings together associations as well as French, German and Swiss municipalities, had taken legal action in December 2008. United States - Case law 1 - Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities: This case concerns 1) the public's right to access classified and sensitive security information relied upon by the US Nuclear Regulatory Commission (NRC) in its environmental review; and 2) the sufficiency of the NRC's environmental review of the impacts of terrorist attacks for a proposed Independent Spent Fuel Storage Installation (ISFSI). In 2003, the NRC ruled that the National Environmental Policy Act (NEPA) did not require the NRC to consider the impacts of terrorist attacks in its environmental review for the proposed ISFSI at the Diablo Canyon Power Plant. ' NEPA mandates that all federal agencies must prepare a detailed statement on the environment impacts before undertaking a major federal action that significantly affects the human environment. In 2004, the San Luis Obispo Mothers for Peace, a group of individuals who live near the Diablo Canyon Power Plant, filed a petition in the US Court of Appeals for the Ninth Circuit challenging the NRC's 2003 decision. The
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
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
This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak
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
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
Bernardo Alvarez, María Angela
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.
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.)
Life law is a new conception brought by the development of modern life science and biotechnology. There are many different ideas on the conception of life law in academy. The definition of life law should be footed on the domain of bioethics. Based on bioethics, life law is a group of legislations which are enacted or acknowledged by the state and implemented by the state compulsively with the goal of regulating all types of relations revolving the survival as well as terminal of human beings and some other creatures which play important roles in the maintenance of human's life and health. There are many problems in China's study on science of life law, which need paying special attention to by China's scholars.
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.)
Adrian Doru BÎGIOI
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.
Canada: Brunswick News Inc. versus Her Majesty the Queen in the Right of the Province of New Brunswick denying release of nuclear power feasibility study: A superior court in Canada has made an important decision with regard to freedom of information legislation and protection of confidential commercial information. It denied a provincial newspaper company access to a feasibility study concerning the construction of a second nuclear power reactor in New Brunswick. U.S.A.: In the Court of federal Claims, plaintiffs Carolina Power and Light Company and Florida power corporation (collectively Progress Energy) claimed damages of U.S.D. 91 029 704 from defendant U.S. Department of Energy (D.O.E.), under the terms of D.O.E. standard contract for Disposal of spent nuclear fuel and/or high level waste. D.O.E. liability was previously established and the amount of damages was the sole issue in this case.Germany: in 2005, the federal Ministry for the Environment, Nature Conservation and Nuclear Safety (B.M.U.) instructed the regulatory and supervisory body of the federal state Baden-Wurtemberg to issue an order, which required the operator to shut its plant, without delay or further orders, in case of not obviously insignificant non-compliance with technical limits, measures or other specific safety-related requirements deemed to control incidents. The operator was further required to inform the regulatory and supervisory body immediately if it was no longer able to demonstrate the controllability of design basis accidents. In the judgement of the Federal Administrative court, the instruction to stop operation is too ambiguous since it does not specify with technical criteria should compel operators to shut their reactors.The court rules that, in compliance with the principle that administrative decisions must be precise, clear and unambiguous, an order to terminate operations must clearly state when and for what reasons an operator has this duty. a global obligation to
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.)
Rosalice Fidalgo Pinheiro
Full Text Available The scope of this article is to demonstrate how the good-faith principle moved away from the formalism into which is was embedded under the aegis of legal positivism of the 19th century, to become the object of jurisprudential creation without, however, totally departing from a certain positivistic rationality. Restricted to the parameters of forma- lism, it has shown to be too imprecise to be included in a syllogistic way of thinking, which demanded juridical methodology efforts in face of the legislative technique of ge- neral clauses, standards and juridical principles in order to delimit its area of application. Here is what German courts in the post-war second period achieved; the concretization of the general clause of good-faith into typical legal concepts, the exercise of which re- mains inadmissible: exceptio doli generalis, venire contra facum proprium, Verwirkung, tu quoque, non allegeability of formal nullity, and the unbalanced exercise of rights. We have limited the topic of this article to the function of good-faith control in the exercise of individual prerogatives in the area of economics, and found that the concept is included in other legal systems that lacked it. Having chosen to investigate the concept of good- faith in Brazilian jurisprudence, we have submitted the results to critical examination, revealing the specificity of the European juridical tradition in our own Law. Lastly, we question the limits of a “prêt-a-porter” good-faith to maintain juridical positivism.
Perlin, Michael L
In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. Copyright © 2014 Elsevier Ltd. All rights reserved.
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...
In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.
Chen, Daniel L.; Levonyan, Vardges; Yeh, Susan
Whether policies shift preferences is relevant to policy design. We exploit the random assignment of U.S. federal judges creating geographically local precedent and the fact that judges’ politics, religion, and race predict decision-making in abortion jurisprudence. Instrumenting for abortion jurisprudence with exogenous judicial characteristics, we estimate the impact of abortion jurisprudence on state laws, campaign donations, and abortion attitudes. We verify information transmission in th...
Chen, Daniel L.; Levonyan, Vardges; Yeh, Susan
Whether policies shift preferences is relevant to policy design. We exploit the random assignment of U.S. federal judges creating geographically local precedent and the fact that judgesâ€™ politics, religion, and race predict decision-making in abortion jurisprudence. Instrumenting for abortion jurisprudence with exogenous judicial characteristics, we estimate the impact of abortion jurisprudence on state laws, campaign donations, and abortion attitudes. We verify information transmission in ...
This paper reports an exploratory study of a school peer mediation program implemented as an alternative way to manage bullying and other destructive conflict. The study explores the effects of the program on the well-being of members of the school community by examining perceptions of students, staff and a sample of parents and former students. Drawing on therapeutic jurisprudence (TJ) the study explores whether the component parts of the program, separately or together, promote intended or unintended therapeutic effects. The preliminary findings of the study emphasise the importance of peer mediation training and suggest that existing scholarship in the area of school conflict resolution and peer mediation, when viewed through a TJ lens, may provide valuable insights into how to optimally configure programs for development and adoption in schools and other community settings. The study highlights the lack of attention paid by the legal system to valuable scholarship in the area of school conflict resolution and peer mediation, which may have implications for the understanding and development of legal processes and the law in general. Copyright © 2010 Elsevier Ltd. All rights reserved.
Zebulum J. C.
Full Text Available Widespread use of the synthetic substance phosphoethanolamine, known as the cancer pill, was recently reported among patients with malignant neoplasm. However, the substance was not registered in the Brazilian National Health Surveillance Agency and the clinical studies necessary to guarantee its effectiveness and safety had not even been completed. Neverthe-less, the federal government enacted Law number 13.269/2016, authorizing provision by the Brazilian National Public Health System under certain conditions, and various injunctions were granted that forced the state to provide it. The question was considered by the Supreme Court in two important judgments in which the Court suspended all injunctions granted and suspended the effectiveness of the law based on evidence of unconstitutionality. In this article, we analyze the legal grounds of the decisions in the context of previous positions of the Court and the guidelines established in judgment of STA 175-AgR/CE.
The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the South African experience suggests that enforcing health rights may in fact contribute to greater degrees of collective solidarity and justice as the Court has sought to ensure that the basic needs of the poor are not unreasonably restricted by competing public and private interests. This approach has seen the Court adopt a novel fights paradigm which locates individual civil and social rights within a communitarian framework drawing from the traditional African notion of'ubuntu', denoting collective solidarity, humaneness and mutual responsibilities to recognize the respect, dignity and value of all members of society. Yet this jurisprudence also illustrates the limits of litigation as a tool of social transformation, and of social rights that remain embedded in ideological baggage even where they have been constitutionally entrenched and enforced. This paper explores the Constitutional Court's unfolding jurisprudence on the right to health, providing background to the constitutional entrenchment of a justiciable right to health; exploring early Constitutional Court jurisprudence on this right; turning to the forceful application of this right in relation to government policy on AIDS treatment; and concluding with thoughts about the strengths and limits of this jurisprudence in light of subsequent case-law.
Lugosi, Charles I
The Fourteenth Amendment was intended to protect people from discrimination and harm from other people. Racism is not the only thing people need protection from. As a constitutional principle, the Fourteenth Amendment is not confined to its historical origin and purpose, but is available now to protect all human beings, including all unborn human beings. The Supreme Court can define "person" to include all human beings, born and unborn. It simply chooses not to do so. Science, history and tradition establish that unborn humans are, from the time of conception, both persons and human beings, thus strongly supporting an interpretation that the unborn meet the definition of "person" under the Fourteenth Amendment. The legal test used to extend constitutional personhood to corporations, which are artificial "persons" under the law, is more than met by the unborn, demonstrating that the unborn deserve the status of constitutional personhood. There can be no "rule of law" if the Constitution continues to be interpreted to perpetuate a discriminatory legal system of separate and unequal for unborn human beings. Relying on the reasoning of the Supreme Court in Brown v. Board of Education, the Supreme Court may overrule Roe v. Wade solely on the grounds of equal protection. Such a result would not return the matter of abortion to the states. The Fourteenth Amendment, properly interpreted, would thereafter prohibit abortion in every state.
Department of Jurisprudence and International Law, Faculty of Law, University of. Benin, Nigeria; barrister and ... well established in the case law of international courts and tribunals that the purpose of the rule is to allow the .... the right to participate in public/governmental affairs, among others. The applications were later ...
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Herzog, Alexander John
Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…
Sadl, Urska; Panagis, Yannis
. 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...... legal impact of Les Verts on the acquis is most visible in the area that was sidelined in the academic commentary. This implies that a leading case is a symbolic category, which might not always correspond to the actual role that the case plays in the Court’s jurisprudence....
Zaami, Simona; Montanari Vergallo, Gianluca; Napoletano, Simona; Signore, Fabrizio; Marinelli, Enrico
Delivery room infections are frequent, and many of them could be avoided through higher standards of care. The authors examine this issue by comparing it to English and French reality. Unlike England, in Italy and France the relationship established between health facility, physician and patient is outlined in a contract. In England, the judges' decisions converge toward a better and higher protection of the patient-the actor-and facilitate the probative task. In case of infections, including those occurring in the delivery room, three issues are evaluated: the hospital's negligent conduct, damages if any and causal nexus. Therefore, the hospital must demonstrate to have taken the appropriate asepsis measures according to current scientific knowledge concerning not only treatment, but also diagnosis, previous activities, surgery and post-surgery. In order to avoid a negative sentence, both physicians and hospital have to demonstrate their correct behavior and that the infection was caused by an unforeseeable event. The authors examine the most significant rulings by the Courts and the Supreme Court. They show that hospitals can avoid being accused of negligence and recklessness only if they can demonstrate to have implemented all the preventive measures provided for in the guidelines or protocols.
1912) "The Scope and ... identified as vital (for the modern social jurist) to the question of sociological jurisprudence have the following ... involved in the social life in civilised society and asserted in title of that life. It is not uncommon to treat them ...
Two points are related in case law: the judgement of the appeal court of Limoges regarding the dumping of radioactive waste by Cogema, and the judgement of the slovak constitutional court on Greenpeace claim. (N.C.)
Full Text Available Misure cautelari - Sentenza Corte di Cassazione Sez. 5 Num. 47111/2017 Pres. Sabeone - Rel. Riccardi Bancarotta fraudolenta - Sentenza Corte di Cassazione Sez. 5 Num. 45288/17 Pres. Bruno Rel. Scardamaglia Tenuità del fatto – Questione processuale - Sentenza Corte di Cassazione penale sez. 2 Num. 45630/17 Pres. Fumu Rel. Recchione Il caso Cucchi approdato in Cassazione - Ancora da riesaminare le condotte dei sanitari - Osservazioni a margine di Cass. Sezione prima 46432/17 - Pres. Mazzei - Rel. Aprile
Manaouil, C; Jardé, O
Since March 1, 2010, French citizens have a new procedure for defending their rights: the Priority preliminary ruling on the issue of constitutionality (QPC). During a trial, any citizen may request that the Constitutional Council be seized if he/she considers that a provision of a law applicable is inconsistent with the Constitution. One of the first QPCs was released regarding the Perruche antijurisprudence provision. The decision of the Supreme Court (Cour de Cassation) on November 17, 2000 had granted the child Nicolas Perruche the right to financial compensation for the material costs related to his physical disability as a result of congenital rubella. In response, Article 1 of the law of March 4, 2002 was passed in order to prohibit the compensation of a child "solely because of his/her birth". Since this law was enacted, only the moral injury of the parents can be indemnified in a case like that of Nicolas Perruche. Over time, the application of this article of the law of March 4, 2002 has become the subject of a heated debate. In the QPC decision of June 11, 2010, the Constitutional Council found the "Perruche antijurisprudence" provision to be consistent with the Constitution, except for the transitional provisions. Thus, it is assumed that the "Perruche antijurisprudence" provision applies to all children born after the entry into force of the law, i.e., as of March 7, 2002. In addition, the Perruche jurisprudence prevails for all claims filed before March 7, 2002. The issue of the cases for which legal action was taken after March 7, 2002 for a child born before March 7, 2002 remains debated. The current debate is whether the implementation of the law of March 4, 2002 should be extended or not to instances subsequent to March 7, 2002 for births prior to that date. In the present state of jurisprudence, the Court of Appeals answers negatively and applies the Perruche jurisprudence to all children born before March 7, 2002, regardless of the date by which
Two topics are discussed: one of them is French case law in the medical field concerning ionising radiation, and the other one is litigation relating to the DOE's obligation under the NWPA to commence acceptance of spent fuel by 13 January 1998. (K.A.)
Full Text Available Pendant vingt-cinq ans, le négationniste Robert Faurisson s’est prévalu de la maladroite motivation d’un arrêt rendu par la cour d’appel de Paris en 1983. Il revendiquait à tort cet arrêt comme une consécration du sérieux de ses thèses, et poursuivait en l’invoquant ceux qui le décrivaient comme un faussaire de l’histoire. De la sorte, il a permis à la jurisprudence ultérieure de remédier à l’ambiguïté de cet arrêt. La présente étude retrace l’histoire de la démonstration progressive de l’inadéquation de l’interprétation faurissonienne de l’arrêt, qui culmina en 2007 dans le jugement déboutant Faurisson de sa plainte en diffamation contre Robert Badinter.During twenty-five years, Holocaust denier Robert Faurisson boasted of a 1983 decision by the Court of Appeal of Paris that, he alleged, paid tribute to his work and described it as scientific. This erroneous interpretation of the decision led him to invoke it while suing the numerous individuals who described him as a falsifier of history. This gave courts the opportunity to correct the clumsy grounds put forward in the 1983 decision and to expose the falsity of Faurisson’s reading of it. This process reached its climax in the libel judgment in favour of former lawyer and Minister of Justice Robert Badinter. This article recounts this story.
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.
This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a
Full Text Available The constitutionalization of Law has led to an increase protection of citizen rights by the Public Administration. As means of a higher level of protection, Act 1437 of 2011 introduces the procedure of the ‘extension of jurisprudence’, which entitles citizens to request administrative agencies to apply to their individual case the same standard of protection that was awarded in a prior judicial decision, when that decision constitutes a unified precedent, and when both cases have identical legal and factual grounds. This article examines, with the aid of the jurisprudence of the Council of State, the origins, reach and controversial aspects surrounding this innovative legal procedure.
In the same vein, Maliki School of Islamic law is a strict jurisprudence desiring to resuscitate Medinan practices that are deemed uncorrupted and seen as remaining as they were in Muhammad's days. The Maliki regime governing the whole of North Africa and West Africa is the underlying Islamic legal framework operative ...
Women's Rights in Matrimonial Jurisprudence under Islamic Family Law in Nigeria: A Need for Reform. ... Journal of Religion and Human Relations ... its connection with kindred issues, whom and how many one is permitted to marry, how spouses are elected, the connections between marriage and sexuality, whether and ...
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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...
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.)
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)
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LaMorte, Michael W.
This book examines the sizable body of school law that outlines legally defensible decisions. A substantial part of it contains edited, reported, and verbatim decisions. Historical perspective is provided, as well as specific case and statutory law. Chapter 1 discusses sources of law for educators, state school board policies, attorneys-general…
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) [de
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....
Decker, Phillip J.
This study of case law involving job discrimination on the grounds of sexual preference includes many cases showing how homosexuals holding government jobs have been affected. Within certain conditions, such discrimination in the public sector has been found illegal, a fact which could set a benchmark for private industry. (JOW)
Winkels, R.; de Ruyter, J.; Kroese, H.
In this paper we present the results of two studies to see whether the analysis of the network of citations between cases can be used as an indication of the relevance and authority in the Dutch legal system. Fowler e.a. have shown such results for the US common law system, but given the different
DeScioli, Peter; Karpoff, Rachel
People's judgments about property shape how they relate to other people with respect to resources. Property law cases can provide a valuable window into ownership judgments because disputants often use conflicting rules for ownership, offering opportunities to distinguish these basic rules. Here we report a series of ten studies investigating people's judgments about classic property law cases dealing with found objects. The cases address a range of issues, including the relativity of ownership, finder versus landowner rights, object location, objects below- versus above-ground, mislaid versus lost objects, contracts between landowners and finders, and the distinction between public and private space. The results show nuanced patterns in ownership judgments that are not well-explained by previous psychological theories. Also, people's judgments often conflict with court decisions and legal principles. These empirical patterns can be used to generate and test novel hypotheses about the intuitive logic of ownership.
Gennadiy N. Gorshenkov
Full Text Available The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author39s position is discussed that the normativelegal acts should meet not the legislatorsrsquo ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author39s attitude to modern criminology. The author39s attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life. nbsp
Full Text Available For a longer period of time land registers in Bosnia and Herzegovina do not reflect the actual situation regarding property rights. The reasons should be sought in the poor quality of and inconsistent legislation that allowed non-registered acquisition of real property rights. On the basis of such legislation earlier Yugoslav jurisprudence had permanently denied the acquisition of property rights based on the principle of trust in the land registry. A new definition of the principle of trust, which implies the protection of the rights acquired on the basis of incorrect and incomplete land registry status, was introduced with the entry into force of the new entity laws on land registry. The main intention of the legislature is reaffirmation of the land registry and its basic principles, which is a precondition for faster and easier real estate transactions. However, the new law provides for real solutions that prevent the full application of the principle of trust, which results in the adoption of different and unequal judicial decisions. The paper presents analysis of such legal solutions, also defects that generate the emergence of different concepts of law are detected, and proposals de lege ferenda are listed in order to create the legal conditions for uniform jurisprudence.
The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies both the common law and the civil law traditions. The aim here is twofold. The first is to evaluate the suitability of their choice of law rules for addressing cases alleging ...
Angela Pires Pinto
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.
The author argues that the very purpose of the 'presumption of indefinite period engagement', i.e. job security, should be given effect. More importantly, employers shall not be given discretion to abuse their right to recruit for 'definite period' under the guise of project work refuting the protective purpose of the labour law.
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
the personal opinion of the reporter. Discussions on the most important decisions of European courts can be found in ERPL?s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period......In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges...
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...
Nicolae V. Dură
Full Text Available The evaluation of certain decisions of the European Court of Human Rights and of certain Comments made by its magistrates gave us the possibility to understand that we can also talk about a jurisprudence of the European Court with respect to the human right to freedom of religion. Of course, this jurisprudence of the European Court of Human Rights is a documentary source of reference not only for the experts in religious law – itself a part of the large field of European law – but also for the magistrates of the EU States, who are called upon to also pronounce themselves on matters which regard the human fundamental rights, among which the Right to the freedom of Religion.
Full Text Available In Islamic economics, the subject of usury, as one of the pillars of the economy is crucial, which can affect, for direct and indirect economic performance of Islamic countries. This study was conducted with the aim of studying and analyzing the problem of usury, in jurisprudence, law, and economics. In this study, we examined the concept of usury, economics, law, and jurisprudence, and then according to importance, based on the destructive effects of usury, the economic health of the community, this issue has been dealt with. In addition, the study is usury, the legal landscape, and patterns of usury-free banking is also described. The research is theoretical and library research was used to collect information, library resources, articles, books, fundamental research, the authoritative publications, conferences and the internet. The findings of this study, suggestions are presented, with a focus on ways out of usury, and also implement banking without usury.
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...
The law on medical negligence is part of the law of negligence generally. It has played a significant part in developing two key aspects of the law. There are special rules to determine the standard of care expected of experts when advising and solving problems, and medical cases have largely shaped the law. Although cases on causation may arise in any area, several of the key cases happen to be medical ones. They are particularly likely to assist where there are alternative causes, as it is often difficult to distinguish the effects of disease from those of inappropriate treatment.
This paper investigates the differences in the discursive patterning of cases in Law and Management. It examines a corpus of 271 Law and Management cases and discusses the kind of information that these two disciplines call for and how discourses are constructed in discursive hierarchical patterns. A discursive hierarchical pattern is a model…
Focus and Scope. Nnamdi Azikiwe University Journal of International Law and Jurisprudence (NAUJILJ) is a scholarly, online/print, open access, peer-reviewed and fully refereed journal which focuses strictly on issues of international law and jurisprudence. The Journal is abstracted and indexed with African Journals ...
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
This study examines how cases fulfil the role of a source of law in one particular continental European civil law jurisdiction: the Netherlands. By doing so, this study aims to achieve two purposes: (1) contributing new knowledge and insights to the existing literature on the role of cases in civil
Van Vooren, Bart; Wessel, Ramses A.
This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional
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.
Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad
In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law. In this review we concluded that the right method is guiding and controlling the cloning technology and banning the technique is not always fruitful. Of course, it should be taken into accounts that all are possible if the religion orders human cloning in the view of jurisprudence and is considered as permission. In other words, although the religious order on human cloning can be an absolute permission based on the strong principle of permission, it is not unlikely that in the future, corruption is proved to be real for them, Jurists rule it as secondary sanctity and even as primary one. If it is proved, the phenomenon is considered as example of required affairs based on creation of ethical, social and medical disorders, religious and ethical rulings cannot be as permission for it, and it seems that it is a point that only one case can be a response to it and it needs nothing but time.
Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad
In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law. In this review we concluded that the right method is guiding and controlling the cloning technology and banning the technique is not always fruitful. Of course, it should be taken into accounts that all are possible if the religion orders human cloning in the view of jurisprudence and is considered as permission. In other words, although the religious order on human cloning can be an absolute permission based on the strong principle of permission, it is not unlikely that in the future, corruption is proved to be real for them, Jurists rule it as secondary sanctity and even as primary one. If it is proved, the phenomenon is considered as example of required affairs based on creation of ethical, social and medical disorders, religious and ethical rulings cannot be as permission for it, and it seems that it is a point that only one case can be a response to it and it needs nothing but time. PMID:27853684
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.
Miguel Luiz Barros Barreto de Oliveira
Full Text Available This paper analyzes the application of so-called procedural defensive jurisprudence that values exacerbated rationalization of the judiciary activities, preventing the processing of judicial review in the higher courts, and its consequences in consumeristas indemnity processes. It analyzes the pressure to which judges are subjected, especially because of the need to comply with productivity goals. The construction work suggests the misconception of these imposed judicial policies to decrease the procedural stock since that attack the problem on screen superficially and do not solve the basic question.
This Article which covers the most representative examples of French case-law in the nuclear field, analyses the cases involved and the relevant court decisions. It describes the evolution of the nuclear debate in France, the progressive constitution of anti-nuclear associations and their fight against nuclear energy development in the courts in the context of the licensing procedures for nuclear installations. The author analyses French law and the legal basis for the courts' decisions. (NEA) [fr
Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.
White, Hollie; Bordo, Miguel; Chen, Sean
Written as a case study, this article outlines Duke Law School Information Services' video digitization, preservation, and access initiative. This article begins with a discussion of the case study environment and the cross-departmental evaluation of in-house video production and processing workflows. The in-house preservation reformatting process…
Diego Armando Yáñez Meza
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.
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.
Uijttenbroek, Elisabeth M.; Klein, Michel C.A.; Lodder, Arno R.; Van Harmelen, Frank
The BEST-project (BATNA Establishment using Semantic web Technology, http://best-project.nl) strives to provide disputing parties with information about their legal position in a liability case. Our assumption is that through intelligent disclosure of Dutch Tort Law cases, laymen can estimate their
Full Text Available Article 7 of the Convention is not confined to prohibition of the retrospective application of the criminal law. Provided protection is wider, and it is developed through the case law of the European Court of Human Rights. Because of the significant impact of the common law, Article 7 in general can not be understood in a way that the principle of legality is traditionally recognized in civil law. As for the lex certa principle, the case law of domestic courts has a big impact on the Court. This is of course the consequence of common law impact. Although lex certa is in some degree a relative principle, in some of the Court criteria's lies the danger of its further relativization. In its previous case law, the Court found violation of this principle in only one case. It remains to the future case law to further clarify in what extent lex certa principle is recognized by the Court.
Romero, Joseph; Belliss, Richard D; Tideswell, Tammy P; Antolin-Jenkins, Vida M; O'Neil, Kevin R; Wildhack, III, William A; McLaughlin, Rob; Gonzalez, Jason A; Sarnoski, Stephen R
.... This issue of "Naval Law Review" contains the following articles: "Of War and Punishment: 'Time of War' In Military Jurisprudence and a Call for Congress to Define Its Meaning," by LCDR Joseph Romero, JAGC, USN...
This paper presents a model of judging, illustrating how case law evolves when two types of judges with different policy preferences decide cases narrowly. The model shows that case law is unlikely to reflect the midpoint of the judges' ideal points. The result challenges the conventional wisdom suggesting that balancing ideologically extreme judges will likely yield moderate laws. The model suggests that a centrist executive faced with a sitting extreme left-wing judge should appoint a moder...
Giovanni Immordino; Francesco Flaviano Russo
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...
Full Text Available What is the argument against government? There are several. For one thing, there is automatic exit for failure: businesses that do not earn a profit go bankrupt, and their resources tend to migrate to other, more effective, managers. For another, entrepreneurs operate with their own funds, or those voluntarily entrusted to them. This does not apply to bureaucrats and politicians, in sharp contrast. Perhaps most important, in the case of each and every commercial interaction in the market, buying, selling, renting, lending, borrowing, there is mutual gain at least in the ex ante sense of anticipations, and usually ex post, after the trade, as well. This rarely occurs under statism, at least not with regard to its source of funds, taxation, since it is not voluntary. An exception would be the relatively unimportant cases in which a consumer purchases something from the government, such as a ticket to cross a bridge, or a producer sells something to this organization, such as an airplane. The present paper is an attempt to elaborate upon this considerations.
government and the government is its slave, then the situation is full of promise and men enjoy all the .... 19 I.E. Sagay, “The Judiciary in Modern Democracy” in Ayua I.A. and Guobadia D.A. et al (eds.) Issues in the 1999. Constitution, Nigeria Institute of Advanced Legal Studies, Lagos, 2000, p. 79. 20  INWLR 18, p.
Terranova, Claudio; Rocca, Gabriele
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. © The Author(s) 2015.
"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…
Daves, David P.; Walker, David W.
Professional confusion, as well as case law confusion, exists concerning the fidelity and integrity of response to intervention (RTI) as a defensible procedure for identifying children as having a specific learning disability (SLD) under the Individuals with Disabilities Education Act (IDEA). Division is generated because of conflicting mandates…
de Hoyos Sancho, Montserrat
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.
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 ...
Barcadepone, Michael J.
The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose…
B. Wibowo Suliantoro
Full Text Available The simultaneous process of social-culture transformation emerges a complex problematic in the sector of law; especially it is related with the law certainty. The clash of values occurred intensively and extensively fixes a polemic whether the law must be stable or is always in changing. The law that is always in changing will leave a certainty as an essential character of law. On the contrary, the law that stable in its nature will turn up a problem, it will not accommodate the internal dynamic. The sect of Sociological Jurisprudence, in its effort tries to formulate a harmonious synthesis by positing the significant meaning of customary law and the written constitution as a tool of social live arrangement in order to manage it better. The certainty of law will be achieved throughout continuous dialog process between rationality and experience, between fact that happen in the social life and the ideal normative of juridical values those are formulated in constitution. The certainty of law can be approached properly if it is supported by professional lawyer apparatus that has high moral integrity. The task of judge is not only to be speaker of constitution but also to enforce the justice. Therefore, the law enforcer should has sensitive feeling in understanding the phenomena of social justice that is desired by society, formulating the social justice in the constitution, and implementing the constitution wisely.
Terranova, Claudio; Sartore, Daniela
The aim of the study is to analyze the factors that are most frequently associated with a verdict of guilty delivered to the psychiatrist in cases of a patient's suicide in Italian law. Twenty-six sentences (1975-2009) were analyzed according to the claim of malpractice, patient characteristics, circumstances of the suicide, and reasons for the court's judgment. The court held the psychiatrist guilty in 12 cases, considering that the act of suicide was predictable and could have been avoided. Predictability was mainly related to errors in surveillance (7 cases), therapy (1 case), or both (2 cases). An error in diagnosis was considered to be related to the patient's death in two cases. Analysis of medical behavior considered to be erroneous and associated with a verdict of guilty provides an opportunity to discuss the topics relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of patient suicide. © 2012 American Academy of Forensic Sciences.
Full Text Available In this paper we briefly focus on intimate partner sexual violence (IPSV and the Australian legal response, using recent Court judgements and Heather Wishik’s feminist jurisprudence framework for inquiry to guide investigation. The key questions being asked are: (1 What have been and what are now all women’s experiences of IPSV addressed by the substance and process of rape law? (2 What assumptions, descriptions, assertions and/or definitions of consent, corroboration and reporting does the law make in IPSV matters? (3 What is the area of mismatch, distortion or denial created by the differences between women’s life experiences of IPSV coercion and the law’s assumptions or imposed structures? (4 What patriarchal interests are served by the mismatch? The paper concludes with consideration of the limitations and benefits of law reform by reflecting on the findings of the paper.
..., the judge (or the Board) will decide the case or make other disposition of it. (10) To make and file... 29 Labor 2 2010-07-01 2010-07-01 false Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges...
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…
Full Text Available For the purpose of recovering a paid amount within the insured sum, however, in addition to the owed amount, the insurer sues his client for claims. Does the insurer have, to this end, a cleared way towards unjust enrichment? The provisions of the 1864 Civil Code do not contain definitions of ex contractu and actio de in rem verso. The doctrine has established the acceptability requirements of actio de in rem verso, however, it did not do the same for ex contractu, and there is no notable change to this matter after the Civil Code became effective. This situation is also maintained in the current Law No.287/2009 on the Civil Code. Hence, the separation of the configuration and enforcement area of the two types of actions continues to be done in terms of jurisprudence by strictly relating to the case at hand. The study starts from an actual case the settling of which highlights the issue of determining the subsidiary nature, hence the acceptability of the unjust enrichment. The purpose of this study is to re/focus on an old dichotomy, i.e. the contract-based action (ex contractu and the action based on an licit deed, that of unjust enrichment (actio de in rem verso. The primary goal of the study consists of highlighting the aspects that the provisions of the 1864 Civil Code and those of the new Civil Code have in common or not in terms of the two types of actions before the court, the doctrine-related solutions given as concerns the characteristics and legal status of the two actions and the fact that, in the nex Civil Code as well, the separation line between the two actions is determined on the basis of jurisprudence, being left at the judges' discretion and wisdom, with all related consequences thereof.
Chamsi-Pasha, H; Albar, M A
The ever-increasing technological advances of Western medicine have created new ethical issues awaiting answers and response. The use of genetic therapy, organ transplant, milk-banking, end-of-life care and euthanasia are of paramount importance to the medical students and need to be addressed. A series of searches were conducted of Medline databases published in English between January 2000 and January 2017 with the following keywords: medical ethics, syllabus, Islam, jurisprudence. Islamic medical jurisprudence is gaining more attention in some medical schools. However, there is still lack of an organised syllabus in many medical colleges. The outlines of a syllabus in Islamic medical jurisprudence including Islamic values and moral principles related to both the practice and research of medicine are explored.
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Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6 (2015) >. Log in or Register to get access to full text downloads.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 2 (2011) >. Log in or Register to get access to full text downloads.
NAUJILJ) is a scholarly, online/print, open access, peer-reviewed and fully refereed journal which focuses strictly on issues of international law and jurisprudence. The Journal is abstracted and indexed with African Journals Online (AJOL) and ...
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 5 (2014) >. Log in or Register to get access to full text downloads.
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)
Derlén, Mattias; Lindholm, Johan
The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...
Berger, Omri; McNiel, Dale E; Binder, Renée L
Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.
In this research the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analyzed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the
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.
Bascuñán R, Antonio
This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.
Full Text Available Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1 Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:
This investigation gains value as a result of its emphasis on the prominence of the covenant in the inextricably linked disciplines of theology, jurisprudence and political theory; as well as its revitalisation of the complicated nature of the covenant. What also comes to the fore is the role of pre-liberalism in the evolution of the ...
A therapeutic jurisprudence approach, combined with appropriate teaching and learning methods, will enhance the student's interpersonal skills and writing and reading skills. The teaching methods invoked include role-play to transform formal knowledge into living knowledge, thereby stimulating students' natural practical ...
Rougé-Maillart, C; Gaudin, A; Lermite, E; Arnaud, J-P; Penneau, M
Surgeons, like other doctors, practice their profession within a framework of contractual liability defined by statute in 1936. This established that the doctor was subject to a contractual obligation to provide appropriate and diligent care. Care and technical acts should conform to those which would have been provided by a prudent doctor within the standards of knowledge and practice of his field; care which deviates from this standard would be considered medical error or fault. This standard of care is referred to as "sound professional conduct". However, while not calling this basic principle into question, civil jurisdictions have progressively held surgeons liable whenever injury has occurred following surgical acts, without considering whether care deviates from sound professional conduct. Since 2000, judges have begun to attribute a requirement for absolute safety of results in cases where the surgeon had injured an organ unrelated to the planned operation. However it seems that the rare judgments given on this topic in the last 2-3 years have become less frequent. The creation of a compensation regime for medical accidents, via the law dated March 4, 2002, has contributed to this evolution. It is to be hoped that the flaws described in this system do not encourage jurisdictions to reconsider previous case law decisions.
Carlson, Kerstin Bree
This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures....
Burris, Scott; Wagenaar, Alexander C; Swanson, Jeffrey; Ibrahim, Jennifer K; Wood, Jennifer; Mello, Michelle M
Public health law has received considerable attention in recent years and has become an essential field in public health. Public health law research, however, has received less attention. Expert commentary. This article explores public health law research, defined as the scientific study of the relation of law and legal practices to population health. The article offers a logic model of public health law research and a typology of approaches to studying the effects of law on public health. Research on the content and prevalence of public health laws, processes of adopting and implementing laws, and the extent to which and mechanisms through which law affects health outcomes can use methods drawn from epidemiology, economics, sociology, and other disciplines. The maturation of public health law research as a field depends on methodological rigor, adequate research funding, access to appropriate data sources, and policymakers' use of research findings. Public health law research is a young field but holds great promise for supporting evidence-based policy making that will improve population health.
Dean SPGS NAU
syndrome or capture-bonding, in which hostages express empathy and sympathy and have positive feelings toward their ... Islamic law is conditioned and shaped by the socio-political and religio-cultural history and ... in selected enclaves, namely, Indonesia, Pakistan and Malaysia. The study finally examines the effects of ...
The recent case of German siblings Patrick Stübing (age 30 years) and his sister Susan Karolewski (age 22 years) has reignited debate over the criminalisation of sexual intercourse among consanguine descendants. The primary justification for criminalising incest is the purported increased risk of genetic disabilities among offspring, but is criminalising sexual intercourse an empirically sound and proportionate response to this increased risk? To answer this question we must consider the specifics of the harm in question (eg, is it a harm to the child or a societal harm) and the magnitude of the harms of the intervention. The example of incest law has important implications for liberal societies. If we can justify imprisoning consenting adults for choosing partners who will increase the risk of having children with disabilities, then we set a troubling precedent for all couples who may pass on genetic disorders to their children.
Tackney, Charles T.
or Suehiro hōgaku) document a dramatic, fascinating historical parting of two nations due to Japanese deep appreciation of the labor law and institutional economics research legacy of John R. Commons, the father of U.S. industrial relations. Understanding this common, shared source opens industrial relations......This is a comparative history study at the interface of industrial / employment relations and stakeholder theory. The focus concerns decades of post-World War II Japanese and U.S. path dependent national divergence from common labor legislation enactments separated by only 15 years: 1933...... and stakeholder theory to a potentially rich, nearly quasi-experimental design inquiry into a discourse of judicial justness in labor law. Implications include testable hypotheses concerning the root cause of U.S. executive compensation excesses and remediation steps for the stakeholder theory ‘gap’ between...
Palestini, Robert; Falk, Karen Palestini
This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…
Dardis, Rachel; Lefkowitz, Camille
The study examines societal losses from 1976 federal legislation on state motorcycle helmet laws. Comprehensive state helmet laws would have had cost-benefit ratios ranging from 0.05 to 0.18. The fact that 31 states did not have comprehensive helmet laws in 1981 raises questions concerning whether society should intervene on behalf of consumers.…
PROF. OLIVER OSUAGWA
Jun 1, 2014 ... identified these challenges, the study recommended among others, adequate funding of the corps, effective enforcement of existing road traffic laws by all the relevant law enforcement agencies, training of the law enforcement personnel and construction of befitting roads. Key words: Road Transportation, ...
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period......In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges...
Rose, Tessie E.; Zirkel, Perry
Although numerous studies have investigated autism methodology case law, few studies have investigated case law regarding reading methodology, particularly the Orton-Gillingham approach, for students with reading disabilities. We provide the results of a systematic case analysis of all published Orton-Gillingham decisions from the original passage…
Full Text Available O artigo aborda o tema do reconhecimento de Estado e de governo no Direito Internacional sob a perspectiva da jurisprudência e prática internacional. São apresentados três estágios evolutivos referentes ao assunto, com o objetivo de demonstrar as principais características de cada um deles, e delinear os contornos da prática e jurisprudência internacional relativa ao reconhecimento de Estado e de governo no contexto pós-guerra fria. This article approaches the subject related to the recognition of states and governments in International Law from a jurisprudential and state practice perspective. It is presented three stages of evolution of this issue in order to describe its main characteristics, and to trace the outline of jurisprudence and state practice related to the recognition of states and government in the post-cold war context.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6 (2015) >. Log in or Register to get access to full text downloads.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 1 (2010) >. Log in or Register to get access to full text downloads.
Correia, E O
The abortion debate is currently in a period of transition as in moves from the courts to the legislative branches. All across the country, state legislatures are reviewing their abortion laws and many are preparing to enact restrictions. Congress may be a good avenue to ensure abortion rights by passing national legislation. There is a risk involved because all legislation is passed through a process of compromise and the pro-choice side should be very careful about what they give up in the process. It is possible that concessions will have to be made that previously would never have been considered. Further, if the national legislation gives away too much, it will restrict states that want to ensure liberal access to abortion. Attempts to arrive at a compromised minimum level, may be too low to ensure the protection of many women. To illustrate the variety of issues involved with abortion legislation, the support of certain justifications for abortion varies greatly. In a 1990 National Opinion Research Center poll, 89% approved of abortion to save the life of the mother, 81% in cases of rape, 78% if there was a strong chance of birth defect, 43% if the woman is married and does not want any more children, 43% if the woman is single and does not want to marry the man, and 42% if she wanted an abortion for any reason. In a time magazine survey, 69% of the people agreed with the idea that even in cases where they thought in immoral to have an abortion, the government should not have the right to prevent her from having it. Also, 69% of the people agreed that if a state does institute restrictions, it should not be judges or government officials, but rather the women's doctor who decides if the abortion should be restricted.
Walters, Amanda L; Dacey, Kristian T; Zemlyak, Alla Y; Lincourt, Amy E; Heniford, B Todd
Litigation analysis and clinician education are essential to reduce the number and cost of malpractice claims. This study evaluates the clinical characteristics and legal outcomes of medical malpractice litigation initiated by patients having undergone a hernia repair operation. Published civil suits were obtained from a legal database for state and federal decisions constituting case law. The published material includes information on defendants, plaintiffs, allegations, outcomes, and a variety of legal issues. A retrospective review of 44 published cases from 25 states was performed. Complications were present in 20 of 44 (45%) suits, four (9%) of which were because of infection. Death occurred in five (11%) cases, and failure to obtain informed consent was alleged in seven (16%) of the suits. Retained foreign bodies were present in 7 of the 44 (16%) suits. Other allegations included incorrect surgical technique, insufficient need for surgery, and emotional distress. Most (64%) patients initiating malpractice litigation were male, and inguinal, hiatal, and ventral hernia repairs account for 39%, 27%, and 14% of cases, respectively. Most suits (40%) were initiated in Southern states. Surgical mesh was indicated in 5 of 44 (11%) suits but four of five were unrelated to the suit. One patient initiated litigation because of the fact that the surgeon did not use mesh during surgery, which was discussed preoperatively during the informed consent. The court ruled in favor of the plaintiff in 12 of 44 (27%) suits, with compensation ranging from roughly $19,000 to $8,000,000. Louisiana and New York had six and seven suits each, which appears disproportionate given their respective populations. Complications and death resulting from alleged clinical negligence play a significant role in both the initiation and the outcome of malpractice litigation. Retained foreign bodies and lack of informed consent account for roughly one-third of malpractice litigation associated with
Road Transportation and Traffic Law Enforcement in Nigeria was established in order to reduce the increasing road crashes and fatalities as well as making road users comply with traffic Laws and regulations as a counter measure, which remain as a great challenge in Nigeria. This paper discussed the roles of the Federal ...
The purpose of this qualitative case study is to describe the characteristics of three law professors teaching online courses to determine what type of adopter they were. This study used the Rogers diffusion of innovation theory, and specifically analyzed the participants on whether they were innovators or early adopters. These analyses are…
The primary goal of this article is to analyze the use of the term ‘tax avoidance’ in the legislative framework and case law of the European Union to point out the absence of a common linguistic approach. The consequences derived from the terminological chaos will also be discussed; thus, the study
Through critical analysis of the law's traditional response to mental disorders in mental health and mental capacity law, it will be argued that a medicalised model of disability has been predominant, and still permeates jurisprudence in this area. It will be suggested that insights from the social model and relational understandings of rights can highlight the ways in which wider contextual and structural relations can impact upon the lived experience of mental impairment. Moreover, an understanding of the various dimensions of mental illness can help elucidate how the law can respond effectively to structural, institutional, and contextual factors in order to facilitate the enjoyment of purported rights and values. In light of this, it will further be argued that the lingering precedence given to a narrow, medical view of cognitive impairment is outmoded given the more richly textured understanding of cognitive impairments which has recently emerged. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) has harnessed the insights from the social model of disability and the capabilities approach to justice, and will be presented as the legal articulation of such understandings. This article seeks to build upon these understandings of disability and social justice and argue for the need for a more responsive state and judiciary in addressing the concerns highlighted by the UNCRPD and embedding these into judicial discourse. © The Author . Published by Oxford University Press; all rights reserved. For Permissions, please email: firstname.lastname@example.org.
This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1, which was
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
Knowles, Marjorie Fine, Ed.
Cases and materials used in an undergraduate course, "Women and the Law," are divided to cover women and the Constitution of the U.S. (including the Equal Rights Amendment), the Supreme Court Abortion Decision, and the contemporary legal status of women including employment, education, and criminal law. Fifteen cases highlight the issues…
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges...... the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section....
Driessen, P.P.J.; De Gier, A.A.J.; Van Rijswick, H.F.M.W.; Schueler, B.J.; Meijerink, S.V.; Pot, W.D.; Termeer, C.J.A.M.; Reudink, M.A.; Tennekes, J.
Questions about the desirable and the most appropriate measures for adaptation of Dutch society to climate change are dealt with. By means of a test one can answer the question whether a proposed measure of climate adaptation is desirable and successful. The first part (A) contains an introductory essay (Towards a climate proof Netherlands, the institutional context). The second part (B) contains the description of the four key elements: Is it appropriate? Is it allowed? Does it fit in? Is it adaptive? This 'four-step test; is applied to three cases related to climate adaptation. [nl
Full Text Available The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was undertaken out of genuine respect for customary law or merely forgotten in section 8(3 of the Constitution. It is argued that the exclusion of customary law from the provision of the section is nothing more than the advancement of the dominant status enjoyed by common law, as was the case before the dawn of democracy. This argument is limited to the application of section 8(3 and the jurisprudence of the Constitutional Court, without focusing on the shortcomings of the latter in relation to the remedies provided in the resolution of disputes arising from customary law.
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.
APOSTOLACHE Mihai Cristian
Full Text Available The dynamics of social life, the continuing challenges arising at different levels of society, normative pressure and the European jurisprudence determine the constitutional control court to reconsider its position on certain issues. It is the case of the art. 16, paragraph 3 of the Political Parties Law no.14/2003 which the Constitutional Court initially considered to be consistent with the constitutional provisions, and later to limit the access to justice of the person dissatisfied with the decision of the party which made him/her lose the membership of a party, thus violating the Constitution. According to the Constitutional Court, the change of opinion is due to extremely serious consequences arising from the loss of membership of the party of a person who is also a local or county councilor, namely the termination of mandate for the local elected and the high number of requests addressed to the Constitutional Court, by the objection raised to the courts, on the mentioned legal text.
... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...
Rafael Ambrósio Gava
Full Text Available In order to reduce their workloads, Brazilian Courts have been landing many precedents that lead to unwarranted restrictions to the right to appeal, thereby belittling the fundamental constitutional right to access to justice. Despite the existence of studies on this "defensive jurisprudence", there are still few who analyze it in the light of the new Civil Procedure Code (Law 13.105/2015, which is about to enter into force. This article aims to evaluate the suitability of the new CPC to remedy this adjudicative problem or at least minimize it. We demonstrated, based on literature and through a deductive argumentative reasoning, that the new procedural law contains a number of specific and general legal clauses which may be used as instruments able to curb the adjudicate "defensiveness. Nonetheless, the achievement of this goal will depend largely on how this legal clauses are to be interpreted and applied.
Jasper E. Bergink
The article attempts to integrate international law and international relations by analysing how law works within international politics. In international relations, the instrumentalist theory poses that states rationally employ international law as a foreign policy instrument. Analysing the case of Kosovo from 1999 to 201...
Sadl, Urska; Panagis, Yannis
. Our analysis focuses on Les Verts, a case of considerable fame in EU law, closely scrutinising whether it contains inherent leading case material. We show how the legal relevance of a case can become “embedded” in a long process of reinterpretation by legal actors, and we demonstrate that the actual......Lawyers generally explain legal development by looking at explicit amendments to statutory law and modifications in judicial practice. As far as the latter are concerned, leading cases occupy a special place. This article empirically studies the process in which certain cases become leading cases...
. The two Court have also borrowed key jurisprudential principles from the CJEU with the goal of expanding the reach of Central American and Caribbean Community laws. Despite this, both Courts have thus far failed to foster supranationality in their respective systems. This is because the conditions...
Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper
Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various
Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH
Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various
The purpose of this study was to examine the effect of user education on the law students' use of the library : A case study of the faculty law library Imo State University Owerri. The survey research design was used for the study while questionnaire instrument was used for data collection. The population of the study consists ...
A judicial opinion concerning law school violations of Title VII of the Civil Rights Act of 1964 in faculty hiring is presented. The case concerns a black candidate rejected for an entry-level tenure-track position. Issues cited include the law school's mission and stated reasons for not hiring the candidate. (MSE)
Leandro Moraes do Espírito Santo
Full Text Available This essay aims to examine the right of recourse in commercial development contract in the case law of the Supreme Court. In order to reach an appropriate response, the paper investigates the problem from Hans Kelsen's teachings to theory of law and legal interpretation as may be adopted in the Brazilian legal system.
... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...
John Armour; Priya Lele
The process of liberalisation of India's economy since 1991 has brought with it considerable development both of its financial markets and the legal institutions which support these. An influential body of recent economic work asserts that a country's 'legal origin'-as a civilian or common law jurisdiction-plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants...
Principal Contact. Dr. Ikenga K.E. Oraegbunam Editor-in-chief. Nnamdi Azikiwe University. Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, P.M.B. 5025, Awka, Anambra State, Nigeria. Alternate E-Mail: email@example.com. Phone: +2348034711211
Luis Fernando Sgarbossa
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.
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.
... and Transfer of Case to the Board § 102.45 Administrative law judge's decision; contents; service... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...
... Expenses § 102.153 Administrative law judge's decision; contents; service; transfer of case to the Board... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...
Zucker, K. W; Allen, Tracy L; Boyle, Martin J; Burton, Amy R; Smyth, Vito S
.... The converse is also true: decisions within a legal system inform, or impact, ethics -specifically medical ethics The cases discussed in this paper are at the foundation of medical ethics in the United States...
This study provides a full English translation of selected portions of a study guide on the history, construction, and operation of polygraphs developed by the Jurisprudence Science Training Center...
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.
Patterson, John C.
This booklet provides guidance to law enforcement officers investigating missing children cases, whether through parental kidnappings, abductions by strangers, runaway or "throwaway" cases, and those in which the circumstances are unknown. The guide describes, step-by-step, the investigative process required for each of the four types of missing…
Rymsza, Leonard; Saunders, Kurt; Baum, Paul; Tontz, Richard
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…
van Hulten, Mart; Jallai, Ave-Geidi
Each year the international conference Tax Treaty Case Law Around the Globe provides a forum to discuss with outstanding experts of the relevant jurisdictions the most important and interesting tax treaty cases which recently have been decided all over the world. This article provides a report on
The approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law...
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......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...
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....
Pedro Federico Hooft
desenvolve neste aspectoThis work analyzes, in the first part, the close and strong existing bonds between Bioethics and Law from the same dawn of birth of this new interdisciplinary liason, and the growing interweaving that takes place in the scientific community between Bioethics, Medicine and Law. This phenomenon is related both to the "medicalization of life", and to the "juridification of the society". In this context, health is ethically and legally understood as a fundamental value, recognized and protected by the law, and necessarily grants the same to the right to life. Assuming this premise, the author reviews the phenomenon of the progressive "juridification" of Bioethics, without disregarding to observe the ambivalence of that process, with its lights and shadows. He proposes to articulate Bioethics and Law resorting to philosophy of the human rights as the "bridge of communication" between both, and mentions the fruitful work of Argentine jurisprudence developed in this line
Zirkel, Perry A.
This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…
Schoen, Edward J.; Hughes, Diane Y.; Kowalsky, Michelle A.
There are two overarching goals to this case study. First, the authors want to introduce students as early as possible in their study of business to the perils of deliberate misstatements of income in financial statement and the significant consequences that await those who do. Given the recent business scandals involving mortgage-backed…
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.
Full Text Available Victimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ and therapeutic jurisprudence (TJ are victim oriented, the issue of cyber stalking of women may be dealt with by RJ process and the laws in this regard must be analysed by the legal actors with a background in RJ and TJ philosophy. India had earlier taken up therapeutic punishment policy to enforce rights of the accused. But the modern principles of TJ have still not been considered in the RJ background in cyber stalking cases. This article therefore examines whether RJ and TJ principles can replace retributive principles for cyber stalking victimisation. It also examines the Indian cyber stalking law from RJ and TJ perspectives to assess its effectiveness for victims.
Prior research has suggested that almost half of rape victims are treated by law enforcement in ways that they experience as upsetting (termed secondary victimization). However, it remains unknown why some victims have negative experiences with law enforcement and others do not. The purpose of this study is to explore victims' experiences with secondary victimization by detectives, comparing how these experiences vary in cases that were ultimately prosecuted by the criminal justice system to those that were not prosecuted. A total of 20 rape victims are interviewed within one county. The study uses grounded theory qualitative analysis, which showed that participants whose cases were eventually prosecuted described the detectives' treatment toward them considerably different than participants with nonprosecuted cases. The study findings further show that victims with cases that were not prosecuted primarily described their detectives as engaging in secondary victimization behaviors and that victims with cases that were ultimately prosecuted primarily described their detectives as responding compassionately toward them.
... Administrative Law Judge's decision and of the order transferring the case to the Board shall be complete upon... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge's decision; contents; service; transfer of case to the Authority; contents of record in case. 2430.12 Section 2430.12...
....948 Deciding a case without an oral hearing before an administrative law judge. (a) Decision wholly... is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide a case on... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...
Full Text Available The level, structure and nature of problem loans are a significant source of credit risk in the banking business, with the main reason for developing and increasing problem loans indicate the need for a comprehensive and strategic approach to solving them. In addition, the accumulation of problem loans in banks' balance sheets negatively affects the credit activity of banks and, consequently has a negative impact on economic activity, primarily due to reduced availability of possible sources of financing both for companies and for the population. One of the main reasons for the increased credit risk exposure of banks, especially before the outbreak of the subprime crisis, are less developed models for evaluation and measurement of credit risk, as well as a poor assessment of collateral. Therefore, this paper points out to the importance of careful management of credit risk as well as the need to develop appropriate methods and models for the early detection of problem loans and reducing exposure to credit risk. In the last part of the paper, the author provides an overview of the most important collaterals, with specific reference to domestic jurisprudence.
Dagher, Zoubeida R.
Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…
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
Smith, Michael D.
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
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...... a substantial effect on the crimes committed in the context of war - was insufficient to create individual criminal responsibility in these cases. The response to this new and heightened interpretation of aiding and abetting followed quickly, as the Šainović et al. appeal judgment rejected the novel requirement...... criminal law is essential to resolving the legal conundrum that this standard causes....
Nakamura, Yoshihiko; Nakano, Minoru; Nakamura, Mitsunobu; Miyazaki, Dai; Okamori, Satoshi; Akuzawa, Hisashi; Yuasa, Masahiro
Law-evading herbs may induce poisoning symptoms, especially when they contain synthetic cannabinoids. However, their detailed pharmacological effects have not yet been clarified. Some reports have previously described symptoms of poisoning, but only a few reports have so far described shock and myocardial damage (MD). We experienced a case of shock and MD in a patient who had smoked law-evading herbs. A 61-year-old male presented at an emergency department 8 hours after smoking law-evading herbs (Rush Trip, High Men Monster) with chest pain. A vasopressor agent was administered to treat shock and antiarrhythmic drugs were administered due to ventricular arrhythmia. The contents of the law-evading herbs were unknown, so an in-hospital follow-up was conducted to treat the patient's symptoms. The follow-up blood test showed an increased level of cardiac enzymes, which thereafter demonstrated a spontaneous remission. The systemic conditions tended to improve and the patient was discharged from the hospital on the 5th hospital day. The contents of the law-evading herbs in question were thereafter,analyzed, and synthetic cannabinoids (JWH-210, JWH-081 and JWH-122) as well as caffeine were detected. The cause for the poisoning symptoms were suspected to be the presence of synthetic cannabinoids and caffeine. Such law-evading herbs may contain synthetic cannabinoids and caffeine which both may induce shock and MD.
Dr.Sc. Bojan Tičar
Full Text Available In this article author defines law a system of rules and principles that regulate, within the boundaries of legal regularity, the vitally important external conduct and behavior of the subjects in a state-organized society. In this context he upgrades rethinking of law with definition of legal order. A legal system or legal order author see as an integrated whole of the hierarchically regulated principles of law, rules, and general legal acts which apply in a certain country, are published, and enter into effect from a certain date following adoption. In central part of the article author explains the case of legal regulation in Slovenia. He describes which legal acts are adopted in Slovenia and how is it done in the context of EU regulation. Author concludes the article with an idea that legal theoreticians have still not agreed on a uniform definition of the essence of law. Author thinks that law can be understood instrumentally. Instrumental law is a tool prescribed in advance which is composed of rules that are suitable for preventing and resolving conflicts between subjects in society.
Sipe, Stephanie R.
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…
Pistula, Pat; Manley-Casimir, Michael E.
The historical, political, and legal evolution of Canada and its traditions has differed from that of the United States' uncritical adoption of U.S. case law. Canada's 1982 Charter, the counterpart of the United States Bill of Rights, is discussed. This paper examines the fundamental differences between Canadian and U.S. value patterns and legal…
Harvey Gresham Hudspeth
Antebellum slave law addressed fugitive slaves and criminal offenses committed by masters against slaves and by slaves against masters. Moreover, slaves were both merchandise and personal property that fell under civil monetary statutes pertaining to sales fraud and personal damage to private property. Judgment in two civil cases heard in West Tennessee during the late 185Os turn on such statutes.
Harvey Gresham Hudspeth
Full Text Available Antebellum slave law addressed fugitive slaves and criminal offenses committed by masters against slaves and by slaves against masters. Moreover, slaves were both merchandise and personal property that fell under civil monetary statutes pertaining to sales fraud and personal damage to private property. Judgment in two civil cases heard in West Tennessee during the late 185Os turn on such statutes.
Zirkel, Perry A.
Prader-Willi Syndrome (PWS) is one of the low-incidence physical disabilities that the literature has not addressed in relation to the Individuals with Disabilities Education Act and its case law applications. To help fill the gap, this relatively brief article provides (a) an introduction of PWS from legal sources; (b) an overview of the IDEA,…
Piskunowicz, M.; Lass, P.; Bandurski, T.; Krzyzanowski, M.
The aim of this report was to assess the usefulness of cerebral blood flow (CBF) scanning utilising the SPECT technique in forensic medicine cases in the area of civil law cases. CBF SPECT scanning was performed in four patients utilising 99m Tc-ECD and a triple-head gammacamera. In the analysis both the asymmetry index and cerebellar normalisation were applied. Reference values were obtained by studying 30 healthy volunteers. In those cases CBF SPECT scanning played an important role in forensic argument. It influenced the sentence and the amount of financial compensation. CBF SPECT scanning may provide valuable information in forensic medicine argument in civil law cases, but only when taken together with psychometric tests and other neuroimaging methods (CT, MRI). The value of CBF SPECT scanning alone may be limited in judicial proceedings. (author)
Full Text Available The study, from the hypothetical-deductive method, aims to perform a rereading of the way that the Brazilian jurisprudence has been interpreting the concept of privacy in the storage and sharing of citizens information in the current technological stage of society. Initially, it is studied the origin of personal data protection and the definition of the term privacy. Next, it is conducted a case study based on two decisions of the Court of Justice of Rio Grande do Sul, as well as a decision of the Superior Court of Justice which served as the paradigm for issues related to credit scoring system. Then, are analyzed the foundations that served as motivation for the decisions in comparison to conceptions that give support for the protection of personal data. At the end, it is possible to realize that the Courts have a mistaken view concerning the possibility of storage and commercialization of consumers database, being necessary a review of the positions mentioned.
Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J; Kales, Stefanos N
To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Case distribution study (case series with survey information on referent exposures). United States law enforcement. Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. © Varvarigou et al 2014.
Full Text Available European human rights law is superior to the national laws of damages. The case law of the European Court of Human Rights now provides a sufficient reason for national lawmakers to rethink their concept of non-pecuniary damage. The fact remains that the ECtHR in its case law finds a breach of a fundamental right and remedies that breach, whereas the national law of damages affords the possibility of awarding compensation for non-pecuniary loss if the aggrieved party is injured. A conflict results: on the European level a rights-based approach is applied, and on the national level a damage/injury-based approach prevails. In this article we advocate a change in the national law of damages in order to ensure that the law of damages remains durable and consistent when confronted with judgments of the ECtHR: we advocate accepting and incorporating a rights-based approach.The clash between European human rights law and the national law of damages is clearly expressed in the different approaches regarding bereavement damage. Under Dutch law a proposal aimed at introducing a legal basis for compensation for this type of loss was rejected a few years ago, whereas the ECtHR, starting from its rights-based approach, has found that compensation for non-pecuniary loss should be available as part of the range of redress mechanisms when a government body has infringed a family member’s right to life. An specific argument in the Dutch discussion, i.e. the moral aversion towards compensating and determining grief and suffering, can be overcome by not making a link with grief and suffering but instead taking one’s legal position as a starting point, e.g. the breach of the right to life. A rights-based approach not only supports the idea that any rights infringed should be remedied, but also implies a moral dismissal.
... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...
Full Text Available Abstract This research reviews the essence of compensation concept as an additional penalty in the Indonesian criminal system as well as the extent of their impact on the effectiveness of financial indemnification of the state and aims to provide an overview of the construction of the compensation concept in criminal law reform. The outcomes of the research indicate that there are the difference between perspective and point of view of the demands of the public prosecutor and the judges decision concerning additional penalty for the compensation. The intention of the law makers to include additional criminal threats that everything is the same namely in an effort to restore the countrys financial losses arising out of the corruption cases. As it turns out in practice however it has certain weaknesses particularly in view of the forming of criminal law which has no sticking to the principle that adds to other criminal types on the types of crime that have been specified in the Indonesian Criminal Code it is forbidden. Therefore to realize the main purpose of law enforcement concerning corruption case in order to save as much as possible the financial loss of the state criminal compensation payments should be made as a main penalty not an additional penalty. Based on such view the compensation concept appears to be the ideal approach to be applied in the settlement of corruption cases.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence - Vol 8, No 1 (2017). Journal Home > Archives > Vol 8, No 1 ... An appraisal of the conformity of the 2007 Nigerian Minerals and Mining Act to the polluter pays principle · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT ...
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 2 (2017) >. Log in or Register to get access to full text downloads.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 2 (2017) >. Log in or Register to get access to full text downloads.
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 2 (2017) >. Log in or Register to get access to full text downloads.
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 ...
Nnamdi Azikiwe University Journal of International Law and Jurisprudence - Vol 9, No 2 (2018). Journal Home > Archives ... Attraction of business and restriction in legal practice in Nigeria and United States: need for globalization via legal education · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL ...
Nayara Gallieta Borges
Full Text Available The right to freedom of expression is constitutionally guaranteed in the Brazilian democratic polity. However, this right is not absolute: it finds limits of ethics and law. The limits of freedom of expression are evident when we apply the principle of proportionality and balance with other rights provided for in our legal system in the light of the case. The relativization of freedom of expression in the judgment of HC 82,424 / RS has been a major paradigm shift in the jurisprudence of the Supreme Court and a case of great symbolic importance in the fundamental rights field.
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.
Vochozka, Marek; Maroušková, Anna; Šuleř, Petr
From the early days of philosophy, ethics and justice, there is wide consensus that the constancy of the laws establishes the legal system. On the other hand, the rate at which we accumulate knowledge is gaining speed like never before. Due to the recently increased attention of academics to climate change and other environmental issues, a lot of new knowledge has been obtained about carbon management, its role in nature and mechanisms regarding the formation and degradation of organic matter. A multidisciplinary techno-economic assessment of current composting standards and laws that took into account the current state of knowledge about carbon management was carried out as a case study. Economic and environmental damage caused by outdated laws was revealed. In addition, it was found that the introduction of the best composts into the market is permitted, causing additional negative environmental as well as economic impacts.
The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.
... § 416.1448 Deciding a case without an oral hearing before an administrative law judge. (a) Decision... the decision is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...
Wells, Melissa; Mitchell, Kimberly J.; Ji, Kai
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…
Silvia Lucia Cristea
Full Text Available The analysis of a case where the rate of the conventional interest is not specified made me investigate what is the maximal limit that can be obtained in this case, under the regulation in force, in the Romanian law (sect.1!To formulate a solution, I considered as necessary to analyze : the provision on the moratory damages (according to the Roman Civil Code and the putting of the debtor in default, in order to know what is the date starting from which the moratory damages are calculated (according to the Roman Civil Code-sect.2; the juridical regime of the interest (according to the Roman Bankin Law-sect.3;comparison between the remuneratory interest and the penalizing interest (according to the Roman Banking Law-sect.4;solution for the case and conclusions-sect. 5.
Shaw, Malcolm N
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
Grabherr, Silke; Johner, Stephan; Dilitz, Carine; Buck, Ursula; Killias, Martin; Mangin, Patrice; Plattner, Thomas
Homicide followed by the suicide of the offender is a well-known phenomenon. In most cases, it takes place in the context of the so-called "family tragedies." A recent series of such family tragedies in Switzerland prompted an intensive debate in the media and the Swiss government concerning the Swiss Weapon Law, in particular the requirement to keep personal army weapons at home. The present study of Homicide-Suicide cases in Switzerland, thus focuses on the role played by guns, especially military weapons, in such crimes. We investigated retrospectively 75 cases of Homicide-Suicide, comprising 172 individuals and spanning a period of 23 years in western and central Switzerland. Our results show that if guns were used in 76% of the cases, army weapons were the cause of death in 25% of the total. In 28% of the deaths caused by a gunshot, the exact type of the gun and its origin could not be determined. Thus, the majority of Homicide-Suicide cases in Switzerland involve the use of guns. The exact percentage of cases were military weapons were involved could not be defined. In our opinion, a stricter weapons law, restricting access to firearms, would be a factor of prevention of Homicide- Suicide cases in Switzerland.
R (Nicklinson) v Ministry of Justice  EWHC 2381 was a tragic case that considered a perennial question: whether voluntary active euthanasia is murder. The traditional position was affirmed, that is, it is indeed murder. The law's treatment of decisions to refuse treatment resulting in death is a stark contrast to the position in respect of voluntary, active euthanasia. In cases of refusing treatment, principles of individual autonomy are paramount. This article presents an overview of the legal distinction between refusing medical treatment and voluntary, active euthanasia. It questions the purported differences between what are described as acts of "active" or "passive" euthanasia. It also highlights the inconsistency of the law's treatment of different ways that people decide to die.
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...
Jun Qian; Philip E. Strahan
We examine empirically how legal origin, creditor rights, property rights, legal formalism, and financial development affect the design of price and non-price terms of bank loans in almost 60 countries. Our results support the law and finance view that private contracts reflect differences in legal protection of creditors and the enforcement of contracts. Loans made to borrowers in countries where creditors can seize collateral in case of default are more likely to be secured, have longer mat...
Gonzalo Aguilar Cavallo
Full Text Available In this brief analysis we will review the difficulties faced in establishing responsibility for human rights violation to companies as well as the Inter-American Court of Human Rights’ case law in the field. We will analyze the international standards established in corporate responsibility. Finally, we will examine if the Chilean national courts incorporate the standards set by the Inter-American Court of Human Rights, especially concerning private companies.
After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...
Lindor, Rachel A; Campbell, Ronna L; Pines, Jesse M; Melin, Gabrielle J; Schipper, Agnes M; Goyal, Deepi G; Sadosty, Annie T
Emergency department (ED) care for patients with psychiatric complaints has become increasingly challenging given recent nationwide declines in available inpatient psychiatric beds. This creates pressure to manage psychiatric patients in the ED or as outpatients and may place providers and institutions at risk for liability under the Emergency Medical Treatment and Labor Act (EMTALA). We describe the patient characteristics, disposition, and legal outcomes of EMTALA cases involving patients with psychiatric complaints. Jury verdicts, settlements, and other litigation involving alleged EMTALA violations related to psychiatric patients between the law's enactment in 1986 and the end of 2012 were collected from 3 legal databases (Westlaw, Lexis, and Bloomberg Law). Details about the patient characteristics, disposition, and reasons for litigation were independently abstracted by 2 trained reviewers onto a standardized data form. Thirty-three relevant cases were identified. Two cases were decided in favor of the plaintiffs, 4 cases were settled, 10 cases had an unknown outcome, and 17 were decided in favor of the defendant institutions. Most patients in these 33 cases were men, had past psychiatric diagnoses, were not evaluated by a psychiatrist, and eventually committed or attempted suicide. The most frequently successful defense used by institutions was to demonstrate that their providers used a standard screening examination and did not detect an emergency medical condition that required stabilization. Lawsuits involving alleged EMTALA violations in the care of ED patients with psychiatric complaints are uncommon and rarely successful. Copyright © 2014 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.
driven approach to law as a linchpin for the post-2015 development agenda. KEYWORDS: Law, development, development-driven law, development law, development goals, development strategy, Millennium Development Goals, Millennium ...
Peyman Mohammadi; Saeed Kheradmandi
Law governing substantive conditions of business documents issuance is one of important problems facing investigators. Since law governing business contracts and documents is governing out of limits of national law today, value and effect of will governance is of interest to jurisprudents because contract parties are allowed to determine contract effects and terms consensually to the extent to which these effects and terms do not contradict public order and imperative law and, in fact, they c...
El-Jardali, Fadi; Hammoud, Rawan; Younan, Lina; Nuwayhid, Helen Samaha; Abdallah, Nadine; Alameddine, Mohammad; Bou-Karroum, Lama; Salman, Lana
Evidence-informed decisions can strengthen health systems, improve health, and reduce health inequities. Despite the Beijing, Montreux, and Bamako calls for action, literature shows that research evidence is underemployed in policymaking, especially in the East Mediterranean region (EMR). Selecting the draft nursing practice law as a case study, this policy analysis exercise aims at generating in-depth insights on the public policymaking process, identifying the factors that influence policymaking and assessing to what extent evidence is used in this process. This study utilized a qualitative research design using a case study approach and was conducted in two phases: data collection and analysis, and validation. In the first phase, data was collected through key informant interviews that covered 17 stakeholders. In the second phase, a panel discussion was organized to validate the findings, identify any gaps, and gain insights and feedback of the panelists. Thematic analysis was conducted and guided by the Walt & Gilson's "Policy Triangle Framework" as themes were categorized into content, actors, process, and context. Findings shed light on the complex nature of health policymaking and the unstructured approach of decision making. This study uncovered the barriers that hindered the progress of the draft nursing law and the main barriers against the use of evidence in policymaking. Findings also uncovered the risk involved in the use of international recommendations without the involvement of stakeholders and without accounting for contextual factors and implementation barriers. Findings were interpreted within the context of the Lebanese political environment and the power play between stakeholders, taking into account equity considerations. This policy analysis exercise presents findings that are helpful for policymakers and all other stakeholders and can feed into revising the draft nursing law to reach an effective alternative that is feasible in Lebanon. Our
Gleberzon, Brian J
the purpose of this study was to conduct a comparative audit of the jurisprudence and business management courses offered at a number of different accredited chiropractic colleges. Faculty members responsible for teaching students jurisprudence and/or business management courses at a number of accredited colleges were contacted and asked to electronically submit their course outlines for review. Of the 62 different topics delivered at the 11 chiropractic colleges surveyed, not one topic was taught at all of them. The following topics were taught at 10 of the 11 respondent chiropractic colleges: business plan development; ethics and codes of conduct and; office staff/employees. Several topics were only taught at one accredited chiropractic college. While most chiropractic colleges provide some education in the areas of jurisprudence and business management, it would appear that there is no consensus opinion or 'model curriculum' on these topics towards which chiropractic programs may align themselves. Based on a literature search, this study is the first of its kind. A more extensive study is required, as well as a Delphi process to determine what should be taught to chiropractic students with respect to jurisprudence and business management in order to protect the public interest.
This article draws on recent case law of the European Court of Justice to examine the opportunities available in European Union law to promote the generating of electricity from renewable sources within the Dutch system for managing congestion in the electricity grid (CMS) and for allocating the
Boom, van W.H.
This year marks the centenary of the outbreak of the Great War, the First World War. The remembrance events, museum exhibitions, TV-programs and numerous publications rightly draw attention to the Great War. Obviously, in the past century much scholarly work has been dedicated to the Great War, its
M S Pandit
Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.
Cowan, Ethan; Macklin, Ruth
Postexposure prophylaxis (PEP) has substantially reduced the risk of acquiring human immunodeficiency virus (HIV) after an occupational exposure; nevertheless, exposure to HIV remains a concern for emergency department providers. According to published guidelines, PEP should be taken only when source patients are HIV-positive or have risk factors for HIV. Initiating PEP when source patients are uninfected puts exposed persons at risk from taking toxic drugs with no compensating benefit. Forgoing PEP if the source is infected results in increased risk of acquiring HIV. What should be done if source patients refuse HIV testing? Is it justifiable to test the blood of these patients over their autonomous objection? The authors review current law and policy and perform an ethical analysis to determine if laws permitting unconsented testing in cases of occupational exposure can be ethically justified. © 2012 by the Society for Academic Emergency Medicine.
Pandit, M S; Pandit, Shobha
A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.
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.
Valerio de Oliveira Mazzuoli
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.
Full Text Available In the period under review, the Italian Competition Authority and administrative courts analyzed many important cases in different economic sectors. Some of the these cases raised extremely complex legal and economic issues. The analysis of decision practice and case law highlights some critical aspects of recent antitrust enforcement, namely: (i the need to strengthen the fight against cartels; (ii the need to refine the tools used in merger analysis, also through the use of modern econometric methods; (iii the need to enhance the role of economic analysis in the assessment of unilateral exclusionary conduct, in line with the Commission’s Guidance on Article 102 TFEU; and (iv the need to find a better balance between competition rules and sector-specific regulation, so as to avoid overlapping and inconsistencies. A further critical issue is the need to reinforce the protection of the rights of defense. In order to improve the current administrative enforcement system, it is necessary to enhance the procedural guarantees and to remove the limits on judicial review of antitrust decisions, thus enabling administrative courts to review fully, in fact and in law, any aspect of the ICA’s finding of infringement, and to pronounce also on the merits of the case.
... of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... of an Administrative Law Judge in cases arising under section 274B. Any person aggrieved by a final...
... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...
Full Text Available The cultural and societal diversity in the jurisprudence of living dangerously reflects equally diverse views on the deeper question of law’s moral purpose. What duty of care does (or does not a community owe to those at the greatest risk of harm to their homes and persons? And is there also a right to be left alone—to assume all the risks and all the responsibilities for one’s own well-being, neither helped nor hindered by the community of which one is a part?This article reports comparative research being done on two states in the U.S. that have used the law to answer these morally freighted questions in very different ways, with specific regard to land use regulation in forested areas where wildfires have taken many lives and destroyed billions of dollars in residential property. It also suggests how this same analytic framework might be applied to transnational research in other legal cultures also endangered by catastrophic wildfires, such as Australia and Spain. La diversidad cultural y social en la jurisprudencia de los lugares en los que se vive bajo un peligro refleja equitativamente diferentes opiniones sobre el propósito moral de la ley, un tema más profundo. ¿Qué obligación tiene (o no una comunidad de ofrecer atención a aquellos individuos en mayor riesgo de sufrir daños sobre sus hogares o personas? ¿Y existe también el derecho a que cada uno asuma todos los riesgos y todas las responsabilidades sobre su propio bienestar, sin que le ayude, o le moleste, la comunidad de la que forma parte?Este artículo presenta una investigación comparativa desarrollada en dos estados de EE.UU. que han utilizado la ley de manera muy diferente, para responder a estas preguntas de gran carga moral, con especial referencia a la regulación del uso de la tierra en zonas donde los incendios forestales han causado muchas víctimas personales además de pérdidas de millones de dólares en propiedades residenciales. También sugiere que
Hoekstra, R.; Lodder, A.; van Harmelen, F.
This paper introduces case frames as a way to provide a more meaningful structure to vocabulary mappings used to bridge the gap between laymen and legal descriptions of court proceedings. Case frames both reduce the ambiguity of queries, and improve the ability of users to formulate good quality
Persia, Luca; Gigli, Roberto; Usami, Davide Shingo
Smeed's law defines the functional relationship existing between the fatality rate and the motorization rate.While focusing on the Italian case and based on the Smeed's law, the study assesses the possibility for Italy of reaching the target of halving the number of road fatalities by 2020, in light of the evolving socioeconomic situation. A Smeed's model has been calibrated based on the recorded Italian data. The evolution of the two indicators, fatality and motorization rates, has been estimated using the predictions of the main parameters (population, fleet size and fatalities). Those trends have been compared with the natural decreasing trend derived from the Smeed's law. Nine scenarios have been developed showing the relationship between the fatality rate and the motorization rate. In case of a limited increase (logistic regression) of the vehicle fleet and according to the estimated evolution of the population, the path defined by motorization and fatality rate is very steep, diverging from the estimated confidence interval of the Smeed's model. In these scenarios the motorization rate is almost constant during the decade. In the actual economic context, a limited development of the vehicle fleet is more plausible. In these conditions the target achievement of halving the number of fatalities in Italy may occur only in case of a structural break (i.e., the introduction of highly effective road safety policies). Practical application: The proposed tools can be used both to evaluate retrospectively the effectiveness of road safety improvements and to assess if a relevant effort is needed to reach the established road safety targets.
Hansen, Christian P
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. Copyright Â© 2010 Elsevier Ltd. All rights reserved.
Badal-Valero, Elena; Alvarez-Jareño, José A; Pavía, Jose M
This paper is based on the analysis of the database of operations from a macro-case on money laundering orchestrated between a core company and a group of its suppliers, 26 of which had already been identified by the police as fraudulent companies. In the face of a well-founded suspicion that more companies have perpetrated criminal acts and in order to make better use of what are very limited police resources, we aim to construct a tool to detect money laundering criminals. We combine Benford's Law and machine learning algorithms (logistic regression, decision trees, neural networks, and random forests) to find patterns of money laundering criminals in the context of a real Spanish court case. After mapping each supplier's set of accounting data into a 21-dimensional space using Benford's Law and applying machine learning algorithms, additional companies that could merit further scrutiny are flagged up. A new tool to detect money laundering criminals is proposed in this paper. The tool is tested in the context of a real case. Copyright © 2017 Elsevier B.V. All rights reserved.
Full Text Available Competition law and cartel is the basis of a modern economy. While in the US, competition law exists and is terminologically known and is part of legislation since 1890 (Sherman Law, in Europe, it has become part of the founding treaties of the EU since 1957 by the Treaty of Rome. However, at that time, “culture of competition” would be born in the member states of the EU, which traditionally favour cartel agreements, state aid and the promotion of national products. Some EU member states have included competition law in their national legislation in the early 90-s. Rules were set for the first time on competition in the coal and steel market under Articles 65 and 66 of the Treaty of Rome, constituted a new terminology for member states. Albania has worked during these 24 years of democracy, to apply the basic principles of market economy and along with it the Lisbon Treaty, Regulations and EU Directives in the frame of competition. Main purpose of this manuscript is to give an overview of the abuse of dominant position in the frame of the most important court decision of this legal institution in Albania.
platform from which John Locke and Jean-Jacques Rousseau could launch their secular visions on political and legal theory based on natural law. BIBLIOGRAPHY. BAKER, J.W.. 1980. Heinrich Bullinger and the covenant. Ohio: Ohio University Press. BODIN, J. 1566. Methodus ad facilem historiarum cognitionem. Paris.
In Tysiac v. Poland (2007) the Strasbourg Court ruled in favour of the applicant (who had been denied access to a lawful therapeutic abortion), finding that Poland had failed to comply with its positive obligations to safeguard the applicant's right to effective respect for her private life under Article 8. Exploring this controversial judgment, the author assesses the claim that Tysiac marks a 'radical shift' on the part of the Court in creating a 'right to abortion'. The author argues that while Tysiac makes an important addition to abortion jurisprudence, the notion it founds such a 'right' greatly overstates the legal significance of this case.
The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.
Fine, Johanna B; Mayall, Katherine; Sepúlveda, Lilian
International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women's and girls' fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women's access to safe abortion services, demonstrating the influence of these human rights standards in advancing women's reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women's and girls' full reproductive autonomy.
Fine, Johanna B.; Mayall, Katherine; Sepúlveda, Lilian
Abstract International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women’s and girls’ fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women’s access to safe abortion services, demonstrating the influence of these human rights standards in advancing women’s reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women’s and girls’ full reproductive autonomy. PMID:28630542
Maria Beatriz Nogueira
Full Text Available Ground-breaking decisions in two cases brought against the state of Colombia have demonstrated the potential of human rights jurisprudence in clarifying IDP rights and establishing new mechanisms and standards in domestic and international protection.
In view of developments in reproductive medicine, clinical mishaps in this domain are beginning to give rise to 'injuries' not easily accommodated within the English law of negligence. While 'personal injury' is typically understood as manifesting a deleterious 'physical' dimension, cases involving the negligent destruction of cryopreserved sperm, as recently litigated in Yearworth & Ors v Bristol NNN Trust (2009), and other media reported mishaps in fertility treatment do not straightforwardly possess this quality. Without modification, the traditional tortious conception of 'personal injury' in English law will not be able to address novel claims. Critically, however, nor do alternative modes of redress seem to offer ease of application. Focusing upon the controversial Yearworth case and exploring what is seen as an unpromising framing of loss, the note argues that there is now an urgent need to rethink what counts as 'personal injury'. Arguing for the formal recognition of'reproductive injury' as an independent head of damage in negligence, and illustrating the presence of judicial support for that approach, the comment suggests that in light of the difficult challenges that lie in the wake of Yearworth, such a development may be not only desirable but necessary.
R Kesavan; A Vinita Mary; M Priyanka; B Reashmi
Introduction: Ethics is a science of ideal human character and behavior in situations where the distinction should be made between what is right and wrong. Dental jurisprudence is a set of legal regulations set forth by each state's legislature describing the legal limitations and regulations related to the practice of dentistry. Objectives: (1) To assess the dental practitioners' awareness about dentists (Code of Ethics) regulation and jurisprudence. (2) To assess the awareness of dentists r...
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) [de
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......Traditionally, the Court of Justice of the European Coal and Steel Community (ECSC) has mainly been considered the somewhat dull predecessor to the more famous Court of Justice of the European Communities, which in 1963-64 ‘constitutionalised’ the Treaties of Rome with the seminal judgments of Van...... 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...
that the 'creators' of the laws received at the major centres of learning in Europe, and address a number of important questions concerning the creation and development of legal professions and the dynamics between legal practice and theoretical, learned approaches to jurisprudence. Contributors to this volume......This volume contains papers presented at the conference on "Law and Learning in the Middle Ages" held at the Carlsberg Academy in Copenhagen in May 2005. Here, a group of European and American scholars give their contribution to the examination of the theological and legal schooling...
Carlos Enrique Arévalo Narváez
Full Text Available This paper analyzes the issue of treaties over time and the interpretations of the Inter-American Court of Human Rights in this context. Parts 1 and 2 introduce the elements of treaty interpretation in general international law, providing criteria for the application of the evolutionary approach to treaty interpretation, the debate between the application of evolutive interpretation and the use of subsequent conduct. Part 3 addresses the issue of fragmentation in international human rights law, and through the case law of the Inter-American Court of Human Rights, provides evidence for the application of the rules of general international law to interpret the American Convention on Human Rights. Finally, conclusions are extracted on the basis of the case law analyzed, contrasting the Court’s application of the American Convention over time, the conclusions of the International Law Commission Reports on the Fragmentation of International Law in 2008, and the preliminary conclusions of the Study Group on Subsequent Agreements and Subsequent Practice concerning treaty interpretation and the issue of the passage of time.
Kidder-Wilkerson, Kathy S.
The purpose of this study was to analyze case law related to teacher evaluation between 1980 and 2008 in the SREB states to determine the problems associated with teacher evaluation and if these problems were documented in the literature. Content analysis of teacher dismissal cases revealed many types of teacher evaluation problems. The two most…
Melanie P. Mejia
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
Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 1 (2017) >. Log in or Register to get access to full text downloads.
Laurence Burgorgue - Larsen
Full Text Available How have Inter-American Human Rights bodies dealt with the notion of “war”, which has been transformed over time into the notion of internal and international “armed conflicts”? This question provides the analytical foundation of the first part of this study, which sets out the various types of conflicts that have occurred in the American continent. These situations (armed conflicts, internal strife, State terrorism have produced a wide range of legal categorizations, utilized by both the Commission and Inter-American Court of Human Rights in their case-law. This conceptual delimitation carried out by these two bodies is all the more important as it affects the law that applies to armed conflicts. Indeed, by analysing this question, the never-ending debate on the relationship between International Human Rights Law and International Humanitarian Law reappears. The second part of this study therefore focuses on the issue of discovering whether and in which way jus in bello has found its place into the Inter-American Human Rights bodies’ case-law. As the active political life of Latin American societies has shown, the study of the different applicable legal regimes also requires looking into “state of emergency” Law, an issue which has been shaped by the Inter-American Court and Commission’s work.
Kreisman, Brian M; John, Andrew B
In 1975, Congress passed the Education for All Handicapped Children Act (Public Law 94-142), and it has been revised and modified several times. At the time of this writing, this law was most recently amended by the Individuals with Disabilities Education Improvement Act (Pub. L. No. 108-446, 118 Stat. 2647, December 3, 2004), which took effect on July 1, 2005. Colloquially the law is still referred to as the Individuals with Disabilities Education Act (IDEA). Children with hearing loss or auditory processing disorder (APD) may qualify for services under IDEA. However, a review of the literature found no review of case law for such children. This article provides a comprehensive review of case law involving the IDEA and children with hearing loss or APD from the U.S. Supreme Court and U.S. courts of appeals. We conducted a systematic review of case law. A LexisNexis search for cases involving IDEA and children with hearing loss or APDs was conducted. For the purpose of the present case review, all appellate decisions (cases accepted by the U.S. courts of appeals or the U.S. Supreme Court) were included if they found that the child had hearing loss or APD, regardless of the reason for the appeal under IDEA. In the instance of multiple cases that involved the same two parties, these cases are summarized together to provide the legal context. Brief explanations of IDEA and the federal judicial process as it pertains to IDEA disputes are presented. Following these explanations, a chronological review of IDEA appellate cases concerning students with hearing loss or APD is provided. The IDEA cases reviewed focus on three main issues: placement of the child, methodology of teaching, and the provision of services. This case law review provides a helpful summary of higher court cases for educational audiologists and parents of children with hearing loss or APDs, as well as educators, individualized education program team members, school administrators, and legal
Full Text Available Prior consultation has been recognized as one of the most emancipatory instruments within the framework of international human rights law, which currently allows indigenous peoples and ethnic communities defend their territories. Nevertheless, in some cases the prior consultation has had an ambivalent use by other agents who have used this instrument for different purposes than those stated in ILO Convention 169 and that have caused serious damages on these groups. In this sense, the main purpose of this article is to question the ambivalent use of prior consultation in Colombia from the perspective of ‘decolonial thinking’, and in particular, from the notion of ‘coloniality’. I argue that the problem of the restrictions and limitations of the prior consultation described in this article is due to the colonial bias of this instrument, which in turn is embedded in a liberal rationality.
Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.
Decision-making capacity is a vital concept in law, ethics, and clinical practice. Two legal cases where capacity literally had life and death significance are NHS Trust v Ms T  and Kings College Hospital v C . These cases share another feature: unusual beliefs. This essay will critically assess the concept of capacity, particularly in relation to the unusual beliefs in these cases. Firstly, the interface between capacity and unusual beliefs will be examined. This will show that the "using and weighing of information" is the pivotal element in assessment. Next, this essay will explore the relationship between capacity assessment and a decision's "rationality." Then, in light of these findings, the essay will appraise the judgments in NHS v T and Kings v C, and consider these judgments' implications. More broadly, this essay asks: Does capacity assessment examine only the decision-making process (as the law states), or is it also influenced by a decision's rationality? If influenced by rationality, capacity assessment has the potential to become "a search and disable policy aimed at those who are differently orientated in the human life-world" (Gillett 2012, 233). In contentious cases like these, this potential deserves attention.
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
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.
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.
Wells, Melissa; Mitchell, Kimberly J; Ji, Kai
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 juvenile prostitution cases, Internet juvenile prostitution cases involved younger juveniles and police were more likely to treat juveniles as victims rather than offenders. In addition, these cases were significantly more likely to involve a family or acquaintance exploiter. This analysis suggests that the role of the Internet may impact legal and social service response to juveniles involved in prostitution. In addition, it highlights the need for interventions that acknowledge the vulnerabilities of youth involved in this type of commercial sexual exploitation.
ANDRA ROXANA ILIE
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.
Karwaki, Tanya E; Hazlet, Thomas K
This study was designed to better understand pharmacy students' experiences and recognition of legal and ethical tensions existing in pharmacy practice as demonstrated in student-written law and ethics cases. A qualitative analysis of 132 student-written cases representing the team efforts of 1053 students over a 12-year time period was conducted. Student-written cases were coded and analyzed thematically. Our results demonstrate the types of ethical and legal issues our students have experienced in pharmacy practice during the first five quarters of their professional education. Our data highlight three themes: 1) ethical dilemmas presented when the law is misapplied; 2) ethical dilemmas presented when an institutional policy or law was viewed as insufficient; and 3) ethical dilemmas presented as provider distress. The third theme was further subdivided into five subthemes. The themes that emerged from this study represent some of the ethical dilemmas that second professional year students have encountered and how these dilemmas may intersect with legal boundaries. Educators can use cases demonstrating these themes to reinforce law and ethics education in the curriculum, thus helping prepare students for pharmacy practice. This article recommends how and when to use case examples. Copyright © 2017 Elsevier Inc. All rights reserved.
Full Text Available The main purpose that led to the creation of the United Nations was peace. The Charter of the United Nations stipulates in its preamble and in Articles 1 and 2 thereof a set of objectives and principles that serve as guidelines for action of the United Nations and of its members. Peace is presented as the structuring and unifying goal of all others. The peace proclaimed in the Charter is thus a broad concept that is not limited to the mere absence of war. Rather, it is a multidimensional concept encompassing various elements of action necessary for the maintenance of its intrinsic condition, such as peaceful coexistence, peaceful settlement of disputes, self-determination, development, promotion and respect for human rights, collective action or respect for sovereignty. The International Court of Justice is the principal judicial organ of the United Nations, thus pertaining to the structure of the organization. Therefore, the Court's work is also devoted to the pursuit of the general objectives of the United Nations, including first and foremost peace as enshrined in the Charter. The present study analyzes the contribution of the activity of the International Court of Justice to peace. Firstly, it will be discussed the role of the Court contextualizing it in the discourse of peace through law. Then it will proceed by reviewing some decisions of the Court seeking to identify outstanding jurisprudential developments concerning peace. From that analysis it is possible to conclude that such developments are mainly inscribed in the liberal-idealist tradition of peace, despite some of them being still laden with outcrops of realism. A symptom of the dynamics that inform the United Nations.
Mohd Hafiz Jamaludin
Full Text Available Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM. The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept.
’s view and could collide with bioethical patient autonomy principles as well as health law informed consent obligations this is problematic. A reduction in usage is considered warranted and addressing illegitimate MR would be an obvious point of departure. In so far as one important reason......: In Denmark a Psychiatric Complaint Board considers patients’ complaints about compliance with law. The Board annually makes public a selection of case decisions. A case law review was carried out on all publicly available lawsuits concerning MR completed by the Board during the years 2007-2014 with focus...... and threats in MR lawsuits is crucial to inform future regulation and initiatives aiming at MR reduction whilst ensuring psychiatric ward safety....
Letetia van der Poll
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
Full Text Available Subject. The principles of subsidiarity proportionality, which serve as the basic principles fordetermining the competence of integration associations, are considered in the article.Aim. The aim of this paper is to analyse the place and the importance of Member States’ obligationsderiving from the EU legal order in order to address the relationships between EU lawand national tax law, as well as to analyse the practice of using of principles of subsidiarity andproportionality by the highest courts of the Russian Federation as a federal state.Methodology. The author uses methods of theoretical analysis, particularly the theory ofintegrative legal consciousness, as well as legal methods, including formal legal method andcomparative law.Results, scope. The exercise of power by the European Union in the areas of shared competencemust respect the principle of subsidiarity. The founding Treaties make clear thatsubsidiarity is a legal enforceable legal principle. However. the case law of the EuropeanCourt of Justice reveals that the enforcement of subsidiarity as a judicial principle has beenineffective.The article examines cross-border loss relief for group companies in the context of EuropeanUnion law and considers how this has affected Member States such as the UK. Thecase law of the Court of Justice is then analysed in an attempt to assess whether some ofthe principles set out in these legislative initiatives found their way to Member State lawsthrough the Court's jurisprudence. Following this, the judicial and legislative response tothe Marks & Spencer judgment in the UK are critically assessed.The practical suggestions are looking at developing EU compatible tax principles to be appliedto cross-border taxation within the EU.Having considered the principles of subsidiarity and proportionality in the context of interactionbetween integration and national tax law, the author suggests directions for improvingthe practice of integration tax law. The
Highlander, Steven L; Voges, Mark H
For most chemical compound claims, the obviousness analysis begins with the identification of a 'lead compound'. Pursuant to a recent decision from the Federal Circuit, a similar framework is now applicable for pharmaceutical composition claims. In Unigene Labs v. Apotex (2011), the obviousness analysis for a claim covering a bioequivalent nasal spray was said to start with the identification of the 'reference composition'. The court reasoned that while a person of ordinary skill in the art would typically be motivated to develop a bioequivalent of a given US FDA-approved reference composition, such a new composition may still be non-obvious if the prior art does not teach which bioequivalent among a large number of possible formulations is the best or which ingredient(s) may be substituted for others. A review of the case law reveals that the "reference composition" framework is neither entirely new nor universally applicable to all obviousness challenges to pharmaceutical composition claims. Even so, the Unigene decision appears to signal the court's preference for this framework and will likely employ it wherever it is appropriate to do so.
Lorena Bachmaier Winter
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.
Prosecution of sexual violence in international criminal law requires not only an understanding of the mechanisms employed to prosecute sexual violence but also a critical analysis of the factors facilitating perpetuation of such crimes in armed conflicts. The extrapolations laid out in this essay delve into the jurisprudence of international criminal law pertaining to sexual and gender based violence followed by the core question of this essay – has the entrenchment of s...
Bart Wernaart; Bernd M.J. van der Meulen
International Food Law and Policy is the first interdisciplinary piece of academic literature of its kind with a comprehensive, reader-friendly approach to teaching the major aspects of food regulation, law, policy, food safety and environmental sustainability in a global context. The sections are
Prior research has suggested that almost half of rape victims are treated by law enforcement in ways that they experience as upsetting (termed "secondary victimization"). However, it remains unknown why some victims have negative experiences with law enforcement and others do not. The purpose of this study is to explore victims' experiences with…
Smith, Carl; Katsiyannis, Antonis; Ryan, Joseph
In this article, authors Carl Smith, Antonis Katsiyannis, and Joseph Ryan respond to Zirkel's most recent article, "The Law in the Special Education Literature: A Brief Legal Critique," published in this issue of "Behavioral Disorders." Smith, Katsiyannis, and Ryan begin their response by saying that "The Law in the…
In Ethiopia, even though there is no domestic law which explicitly deal with the right to counsel of children in conflict with the law, various stipulations at both federal and regional level provide that the state bears the responsibility to appoint state funded counsel when miscarriage of justice would result. In Adama, the 2nd ...
Owusu, Theophilus D.
Technology is made available in the law firm to promote time efficient tasks and to provide resources that allows the accurate billing and storing of documents. This study examined the impact of three major technologies that are used by attorneys in a law firm. Quantitative procedures facilitated the identification of barriers to Personal Digital…
Wernaart, Bart; Meulen, van der Bernd
In this chapter, the enforceability of the right to adequate food is discussed in the context of industrialized countries. The right to food as a human right can be considered the fundament of food law. Human rights in themselves occupy a special position in the field of law. On the one hand they
This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which
Colombi Ciacchi, Aurelia; McCann, Adam; Ferreira, Nuno; Kostakopoulou, Dora
An institution has a ‘human face’ if it takes the interests core to ‘human flourishing’ seriously. The question arises whether and how these interests find proper consideration in EU private law. The interests core to ‘human flourishing’ relevant for substantive private law include the following
Arbour, Richard; AlGhamdi, Hanan Mesfer Saad; Peters, Linda
A significant gap exists between availability of organs for transplant and patients with end-stage organ failure for whom organ transplantation is the last treatment option. Reasons for this mismatch include inadequate approach to potential donor families and donor loss as a result of refractory cardiopulmonary instability during and after brainstem herniation. Other reasons include inadequate cultural competence and sensitivity when communicating with potential donor families. Clinicians may not have an understanding of the cultural and religious perspectives of Muslim families of critically ill patients who may be approached about brain death and organ donation. This review analyzes Islamic cultural and religious perspectives on organ donation, transplantation, and brain death, including faith-based directives from Islamic religious authorities, definitions of death in Islam, and communication strategies when discussing brain death and organ donation with Muslim families. Optimal family care and communication are highlighted using case studies and backgrounds illustrating barriers and approaches with Muslim families in the United States and in the Kingdom of Saudi Arabia that can improve cultural competence and family care as well as increase organ availability within the Muslim population and beyond.
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.
This article assesses the criticisms of therapeutic jurisprudence that it cannot resolve value conflicts, especially between autonomy rights and therapeutic values, or, less radically, that it has not provided a general method for resolving conflicts. Grounded in general jurisprudential principles about conflict resolution, including novel developments respecting the meaning of weighing and balancing, the article rejects the criticisms as unfounded. The article also develops and critiques arguments maintaining that therapeutic jurisprudence cannot resolve certain value conflicts because the values are incommensurable. The argument is illustrated by examples concerning the right to refuse treatment, and jurisprudential analyses of that right. Copyright 1999 John Wiley & Sons, Ltd.
Kuijper, P.J.; Wouters, J.; Hoffmeister, F.; de Baere, G.; Ramopoulos, T.
The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the
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
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.
Hasman, Joseph J; Chittenden, William A; Doolin, Elizabeth G; Wall, Julie F
This survey reviews significant state and federal court decisions from 2006 and 2007 involving health, life, and disability insurance. Also reviewed is a June 2008 Supreme Court decision in the disability insurance realm, affirming that a conflict of interest exists when an ERISA plan sponsor or insurer fulfills the dual role of determining plan benefits and paying those benefits but noting that the conflict is merely one factor in considering the legality of benefit denials. In addition, this years' survey includes compelling decisions in the life and health arena, including cases addressing statutory penalties and mandated benefits, as well as some ERISA decisions of note. This year, the Texas Supreme Court held that Texas's most recent version of the prompt payment statute abolished the common law interpleader exception and allowed the prevailing adverse claimant in an interpleader action filed beyond the sixty-day statutory period to recover statutory interest and attorney fees from the insurer. Meanwhile, the Court of Appeals of New York upheld the constitutionality of a statute mandating coverage for contraceptives in those employer-sponsored health plans that offer prescription drug coverage, including those plans sponsored by faith-based social service organizations. In the ERISA context, litigants continue to fight over the standard of review with varying results. In a unique assault on the arbitrary and capricious standard of review, the Fourth Circuit found that an ERISA plan abused its discretion when it failed to apply the doctrine of contra proferentem to construe ambiguous plan terms against itself. In more hopeful news for plan insurers, the Tenth Circuit held that claimants are not entitled to review and rebut medical opinions generated during the administrative appeal of a claim denial before a final decision is reached unless such reports contain new factual information.
van de Gronden, Johan; Szyszczak, Erika
A national health care service is one of the central pillars of the welfare state in Europe. Recent moves to modernise health care, alongside introducing efficiencies through competition have resulted in experimentation and a re-organisation of national health care systems. The experimental nature of the reforms has brought health care into the focus, but uncertain territory, of EU economic law, especially competition law. Added to these pressures, the new EU fiscal measures oblige Member States to avoid excessive budgets and macro-economic imbalances. One constraint on an EU-based system of competition in health care is the effect of decentralisation, resulting in variations at the national level. Thus a case study is taken of the experience in The Netherlands. From this case study, we argue that a new form of Euro-national competition law is emerging for the health care sector with national authorities taking the lead in shaping the contours of this law. © The Author 2014. Published by Oxford University Press; all rights reserved. For Permissions, please email: firstname.lastname@example.org.
Pounder, D J
Scotland was an independent nation state until 1707 when it became the most northerly part of the United Kingdom. Today Scotland, constitutionally, is less than a state or a province in a federal union, but retains vestiges of its ancient sovereignty by having its own legal system and separate administration. English law and Scots law are two quite separate systems--a unique constitutional phenomenon within a unitary state. Scots law is a "mixed" legal system embodying aspects of both the Romano-Germanic and Anglo-American families of legal systems. A central feature is the public prosecution of crimes under the control of the Lord Advocate and the Crown Office in Edinburgh. The hierarchy of criminal courts comprises the High Court of Justiciary, the Sheriff court, and the District court. For serious offences, criminal trial is by "solemn procedure" before a judge sitting with a jury of 15 persons whose verdict of "guility", "not guilty", or "not proven" may be reached by majority. The prosecution must prove its case beyond reasonable doubt on corroborated evidence. The essential requirement for corroboration means that two pathologists must perform and sign the report on any autopsy related to criminal proceedings. The writ of habeus corpus is not operative in Scotland, but there are strict rules to prevent an accused person from languishing in prison without trial. Under solemn procedure the trial must begin within 110 days or the accused is freed with immunity from further prosecution for the crime charged. Procurators fiscal are the public prosecutors whose responsibilities include the investigation of crime and all sudden, suspicious, or unexplained deaths. There are no coroners in Scotland. Investigations are performed in private and it is uncommon for a public inquiry ("a Fatal Accident Inquiry") to be held. A Fatal Accident Inquiry is an inquisitorial proceeding heard before a sheriff sitting without a jury. In Scotland, unlike in England, the more serious
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
activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders? The chapter proposes the hypothesis that judicial activism and a pluralistic......This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial...... structure of international legal order create structural possibilities for the EU judge to engage in a dialogue shaping the relations among legal orders on the international scene. Further, the defense of the autonomy of European legal order as an important factor guiding the EU judges leads...
Legge, M; Fitzgerald, R; Frank, N
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.
Passmore, Jonathon W; Nguyen, Lan Huong; Nguyen, Nam Phuong; Olivé, Jean-Marc
Road traffic injuries are a leading cause of death and disability in Viet Nam. In 2008, official data reported 11 243 deaths and 7771 serious injuries on the roads, of which an estimated 60% of fatalities occur in motorcycle riders and passengers. In recognition of this problem, Viet Nam has had partial motorcycle helmet legislation since 1995. However, for a variety of reasons, implementation and enforcement have been limited. On 15 December 2007, Viet Nam's first comprehensive mandatory helmet law came into effect, covering all riders and passengers on all roads nationwide. Penalties increased ten-fold and cohorts of police were mobilized for enforcement. The Viet Nam national helmet legislation was developed and implemented by the National Traffic Safety Committee. Despite past barriers to enforcement, increased policing in 2008 led to 680 000 infringements being issued for non-helmet wearing. While changes in helmet wearing were not nationally observed, significant increases were documented in selected provinces in the first six months of the law's introduction. In Da Nang, helmet wearing increased from 27 to 99%. In the first three months after the law took effect, surveillance data from 20 urban and rural hospitals, found the risk of road traffic head injuries and deaths decreased by 16% and 18% respectively. Political leadership, intensive advanced public education and stringent enforcement have contributed to the successful implementation of the new law. Through continual monitoring of the legislation, loopholes detrimental to the effectiveness of the law have been identified and addressed.
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.
on how a general history of European law should be written and in particular how to avoid the pitfalls that characterises mainstream research on European law. In the first part it is argued that the ‘constitutionalisation’ of European law was promoted by a broad coalition beyond the Court of Justice...... constituted by the Commission’s legal service, transnationally organised pro-European jurists and the European Parliament. When the Court of Justice in the two key judgments, Van Gend en Loos (1963) and Costa V. ENEL (1964), took the decisive steps to transform European law into a semi-federal legal order...... the emerging academic field of European law was deeply involved in legitimating the jurisprudence of the Court of Justice in the 1960s. In the second part of the article, the starting point is to place mainstream legal and political science studies of European law in a historical perspective in order...
The opinions of the Jurisconsult of Egypt on Islamic law regarding test tube fertilization, embryo transfer and abortion are explained. Test tube babies, if not derived from the husband's sperm, are by definition, "zina" or the result of illicit sexual intercourse. This type of quasi-adultery is punishable by mere disgracing, rather than lapidation, or stoning to death. Such children cannot inherit even from the mother. Possibly, a female child may marry the husband, to be legitimized in terms of inheritance. Under Islamic law, embryo transfer is illegal insofar as it involves artificial insemination of the donor by the husband; temporary maternity by the donor is a jural concept that has no place in Islamic family law. The egg of the donor, not the surrogate mother, places the issue in the thorny area of multiple suckling. There have been no pronouncements by Islamic legal experts on euthanasia or pregnancy by in vitro fertilization of orphaned embryos. Abortion law "ijhad" in Kuwait was amended in 1982 to permit abortion where either grievous bodily harm to the mother is imminent or it is proved that the baby will suffer incurable brain damage or severe mental retardation. The decision must be approved unanimously by 3 Muslim consultant physicians presided over by an obstetrician or gynecologist, parental consent is required, and the hospital must have an obstetric-gynecological wing. There is precedent in Islamic law for saving the life of the mother where there is a clear choice of allowing either the fetus or the mother to survive. Similarly in case of miscarriage or attempted miscarriage, damages for a fetus or stillborn are less than those paid for a live birth. Penalties for therapeutic abortion, for example after exposure to German measles, have been viewed as less serious before 120 days of gestation, when the Prophet indicated that the embryo is given a soul. These ethical interpretations are worth considering for Western jurists as a source of ideas.
Interpretation of 'Unnatural death' in coronial law: A review of the English legal process of decision making, statutory interpretation, and case law: The implications for medical cases and coronial consistency.
Harris, Andrew; Walker, Andrew
The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.
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.
Éric Darmon; Thomas Le Texier
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 ...
Kushwah, Shivpal Singh
Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.
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 T......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...
Freckelton, Ian; Flynn, Joanna
Much about what used to be termed "disciplinary" investigations and hearings is being revisited in the modern era. Therapeutic jurisprudence enables informed and sensitive awareness to potentially therapeutic and counter-therapeutic effects of both investigations and hearings conducted by medical regulatory authorities. This article analyses key aspects of authorities' processes from the perspective of notifiers/complainants and practitioners. Using developments at the Victorian Medical Practitioners Board as a base, it addresses issues of both investigative procedures and decision-making at formal and informal hearings, as well as the ramifications of re-hearings for the integrity of peer review informed regulation. It argues that where reclamation of practitioners is possible (namely where impropriety is not of the most serious order), there is much that is constructive about a focus upon enhancement of performance and competence levels, rather than the traditional preoccupation with whether registered status needs to be affected as a result of practitioner conduct.
Blauberger, Michael; Heindlmaier, Anita; Kramer, Dion
. While the ECJ extended EU citizens’ rights even against strong opposition by member state governments, its recent shift reflects changes in the broader political context, i.e. the politicisation of free movement in the European Union (EU). The article theorizes Court responsiveness to politicisation......Recent jurisprudence of the European Court of Justice (ECJ) marks a striking shift towards a more restrictive interpretation of EU citizens’ rights. The Court’s turnaround is not only highly relevant for practical debates about ‘Social Europe’ or ‘welfare migration’, but also enlightening from...... a more general, theoretical viewpoint. Several recent studies on the ECJ have argued that the Court is largely constrained by member state governments’ threats of legislative override and non-compliance. We show that an additional mechanism is necessary to explain the Court’s turnaround on citizenship...
Winick, Bruce J; Wiener, Richard; Castro, Anthony; Emmert, Aryn; Georges, Leah S
People suffering from mental illness are increasingly referred to the domestic violence court. Yet the typical diversion programs available, including batterer's intervention programs, are inappropriate for those with serious mental illness. As a result, the Miami-Dade Domestic Violence Court has developed a new approach for dealing with this population that applies mental health court techniques in domestic violence court. This article will describe and discuss this pioneering model. It also will situate this model within the context of other problem-solving courts and discuss how the court uses principles and approaches of therapeutic jurisprudence. The paper presents some preliminary data that describe the social and legal characteristics of 20 defendants in the Domestic Violence Mental Health Court followed over a two year period between 2005 and 2007. Copyright © 2010 Elsevier Ltd. All rights reserved.
Burgunder, Lee B.
Richard Prince a well-known appropriation artist, made headlines by pressing ever deeper into the gray areas of art, technology, and the law. Specifically, Prince took screenshots of personal photographs that were publicly displayed on Instagram accounts, included his own comments, enlarged and printed them on large canvases, and displayed them at…
On June 30, 2009, Florida implemented a primary seat belt law. The State was already engaged in a Rural : Demonstration Program (RDP) to increase belt usage in rural areas in the northern part of the State and participated : regularly in annual Click...
Filip, Petr; David, Jiří
Roč. 52, č. 4 (2007), s. 365-371 ISSN 0001-7043 R&D Projects: GA ČR GA103/06/1033 Institutional research plan: CEZ:AV0Z20600510 Keywords : Concentric annuli * Poiseuile flow * annular flow * power- law fluids * flow rate * pressure drop Subject RIV: BK - Fluid Dynamics
Edwards, Matthew A.
It is generally agreed that price discrimination can, in some circumstances at least, be an extraordinarily unpopular business practice. In late 2000, customers discovered that Amazon.com was varying its prices online for the exact same products. Although the incident is almost fifteen years old, it has become the standard reference in law review…
Full Text Available Law enforcement cooperation as a central part of the EU internal security policy to combat cross-border organised crime and terrorism needs to be more effective by adopting specific provisions and tools. This paper argues that functional expectations require removal of barriers and construction of a common security area, but sometimes better cooperation in practice does not fit, as Europeanization of law enforcement still lacks understanding of objectives, values and principles for improving international trust, consensus, sincere cooperation and effective national coordination. The level of Europeanization of law enforcement could be evaluated as based on the level of implementation of the EU provisions on police cooperation related to practical enforcement, factors promoting or hindering law enforcement and changes in discursive practices due to EU provisions and professional socialisation processes. Some aspects of observed inertia characterizes the slow process of transition or tendencies for absorption in which resilience meets the necessary degree of flexibility allowing for some mutual learning and cooperation, but the result is expectedly a form of accommodation of needful policy requirements in the lack of substantial change perspective.
Baderin, Mashood A.
As part of continual efforts towards improving learning and teaching in the faculty, lecturers in the law faculty of the University of the West of England (UWE), Bristol debated the question of students' attendance and quality of tutorials in a recent email discussion amongst themselves. At the end of the debate the need for further research on…
Lareau, Craig R
Forensic psychologists and psychiatrists are licensed in their respective professions, but they perform most of their work with attorneys in the legal arena. Both attorneys and mental health professionals place high value on confidentiality of information, reflected in the ethics of their professions and codified into laws governing their work. In psychology and psychiatry, there are some well-known exceptions to confidentiality; two primary exceptions include the mandated reporting of suspected child abuse and various "Tarasoff" duty to warn or protect laws. Generally, however, the corresponding duty for attorneys to report suspected child abuse or to warn or protect intended victims of threatened harm is not as extensive. This difference in mandated reporting responsibilities can create significant difficulties when attorneys need to retain forensic psychologists and psychiatrists to evaluate their clients, especially in criminal contexts. If the retained psychologist or psychiatrist is required to report suspected abuse or threatened harm, the attorney may be harming his or her client's legal interests by using the forensic psychologist or psychiatrist to evaluate his or her client. This article will briefly review the development of mandated reporting laws for psychologists and psychiatrists and juxtapose those with the legal and ethical requirements of confidentiality for attorneys embodied in the attorney-client privilege and attorney work product privilege. The article will then discuss the California Court of Appeals case in Elijah W. v. Superior Court, where the court addressed the issue of whether retained mental health professionals must report suspected child abuse and threatened harm to others as required by law or if they do not need to report because they come under the umbrella of the attorney work product privilege. This California court ultimately concluded that retained psychologists and psychiatrists work under the attorney work product
Gupta, Archit; Biddala, Ooha Susmita; Dwivedi, Mandavi; Variar, Prathyaksha; Singh, Aparna; Sen, Soham; Bhat, P Shivaram; Kunte, Renuka; Nair, Velu; Shankar, Subramanian
The incidence of juvenile delinquency has increased in the past decade in India and juvenile crimes are increasingly being reported. This has been attributed to many biopsychosocial factors. It is essential to understand these issues in the context of India to determine the response of acts of children in conflict with the law. We aimed to assess the sociodemographic characteristics and the aggression quotient of children in conflict with the law (juvenile delinquents) in observation homes across India and compare them with those who were not. We did a case-control study in five juvenile homes in the cities of Hyderabad, Lucknow and Pune. Ninety inmates (74 boys, 16 girls) were included in the study. Sociodemographic characteristics and aggression quotient of children in conflict with the law were evaluated using two separate questionnaires, i.e. a sociodemographic questionnaire and the modified Buss and Perry aggression questionnaire. These were compared with a control group of similar age, sex and income status. All the children in conflict with the law surveyed belonged to the lower socioeconomic strata, had a significantly higher chance (pbroken homes, have addictions, jailed family members and suffered physical and sexual abuse than controls. They also scored higher on all domains of the aggression questionnaire than controls. A collection of sociodemographic attributes such as broken homes, addictions and abuse seem to have an important association with juvenile delinquency. Children in conflict with the law are also more likely to be associated with a higher aggression quotient as compared to children who were not. Copyright 2015, NMJI.
“Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human
Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual
Rosenbaum, Sara; Cartwright-Smith, Lara; Hirsh, Joel; Mehler, Philip S
The Emergency Medical Treatment and Labor Act was enacted in 1986 to prevent hospitals from turning away patients with emergency medical conditions, often because they were uninsured--a practice commonly known as "patient dumping." Twenty-five years later, Denver Health--a large, urban, safety-net hospital--continues to experience instances in which people with emergency conditions, many of whom are uninsured, end up in the safety-net setting after having been denied care or receiving incomplete care elsewhere. We present five case studies and discuss potential limitations in the oversight and enforcement of the 1986 law. We advocate for a more effective system for reporting and acting on potential violations, as well as clearer standards governing compliance with the law.
Juana María Ibáñez Rivas
Full Text Available The “conventionality control” established in 2006 in the case law of the Inter- American Court of Human Rights has undergone some important clarifications. In its rulings from the end of 2010 and the beginning of 2011, the Court has defined the state actors that are obligated to apply it, has established the need for it when dealing with majoritarian decisions in democratic contexts and has established the role of the Court in verifying the conventionality control that States claim to have exercised domestically. This article covers the origin, evolution and application of the so-called “conventionality control” as a measure designed to assure compliance with the state obligations to respect, ensure and conform domestic legislation to international law, which are all found in the American Convention on Human Rights.
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.
Full Text Available Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polish lawmakers, on the other hand, have no doubt about the fact the concept of dignity comes from natural law. Poland, in her Constitution, refers to the teaching of John Paul II about the source, value and meaning of human dignity. There is no doubt that concept of human dignity, even when it is controversial, is the most widely accepted by all religions and political society in the world.
Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.
Downey, Laura J.
The aim of this thesis is to investigate and further the understanding of the interaction between law, technology and society. My original contribution to this understanding lies in an account and analysis of the process of emergence (or potential emergence) of new legal concepts and of how new and developing technologies and social responses influence that process. Specifically, the work focuses on identity, which I argue is a currently emerging legal concept, and the ways in ...
Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polis...
Iva Bjelinski Radić
Full Text Available Recently, under the influence of rapid development of digital technologies, new flexible forms of employment have emerged, which are characterized by strong or prevalent support of information and communication technology. Online platform Uber which provides urban passenger transport services is one of the best known examples of the abovementioned changes in work organization. Taking into account that emergence of Uber has given rise to numerous controversies and set new contemporary regulatory challenges in the labour law field, the author in this paper problematizes the main labour law issues and challenges arising from Uber’s business model. The first part of the paper contains the short overview of the new forms of employment emerged under the influence of digitalisation of labour market, with the special emphasis on the model of crowd work. In the second part the author analyses the Uber’s business model. In the third part the issue of classification of Uber drivers as employees or self-employed persons is examined in detail. The following question has been considered especially from the Croatian labour law perspective – whether the key elements of an employment relationship are de facto present, and to what extent, in the contractual relationship between Uber and its drivers – partners. Finally, the author concludes with the final remarks and underlines the need to establish clear and transparent legal framework which will be suitable for development of the new forms of employment emerged under the influence of digital technologies.
Wen, J. T.; Bayard, D. S.
A new class of exponentially stabilizing control laws for joint level control of robot arms is introduced. It has been recently recognized that the nonlinear dynamics associated with robotic manipulators have certain inherent passivity properties. More specifically, the derivation of the robotic dynamic equations from the Hamilton's principle gives rise to natural Lyapunov functions for control design based on total energy considerations. Through a slight modification of the energy Lyapunov function and the use of a convenient lemma to handle third order terms in the Lyapunov function derivatives, closed loop exponential stability for both the set point and tracking control problem is demonstrated. The exponential convergence property also leads to robustness with respect to frictions, bounded modeling errors and instrument noise. In one new design, the nonlinear terms are decoupled from real-time measurements which completely removes the requirement for on-line computation of nonlinear terms in the controller implementation. In general, the new class of control laws offers alternatives to the more conventional computed torque method, providing tradeoffs between robustness, computation and convergence properties. Furthermore, these control laws have the unique feature that they can be adapted in a very simple fashion to achieve asymptotically stable adaptive control.
Van Angeren, J.R.; Bazelmans, J.M.; Cozijnsen, C.J.H.; Driesprong, A.; Van der Jagt, J.A.E.; Peeters, M.; Verbaan, I.J.; Van Rijswijck, H.F.M.W.; Ramnewash-Oemrawsingh, S.T.; De Kramer, P.T.
The development of laws to control the climate change problem has only just begun. The Netherlands, too, has legal measures for controlling this problem and first jurisprudence has developed. The working group 'Climate change and development of laws', which was set up by the Dutch Society for Environmental Law, has thoroughly examined the legal side of climate change. This resulted in a preliminary advice in which international and European legislative developments, various aspects of emission trading and its international variant are discussed. Moreover, national and international water management in relation to the consequences of climate change are also examined. (mk) [nl
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 .
Bender, B.; Sparwasser, R.
Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de
Gert Johan Kjelby
Full Text Available The principle of objectivity includes several aspects of the prosecutor’s functions. This article highlights some aspects of and perspectives on the prosecutor’s role and raises some central questions regarding the prosecutor’s obligation to objectivity according to the case-law of the ECtHR. The fundamental duty to act objectively is first of all crucial for the prosecutor’s role as the protector of human rights, because prosecutors’ objectivity and independence is an integrated element of the state’s human rights obligations (the positive obligation to conduct an “effective official investigation” and right to an “effective” domestic remedy. ECtHR’s case-law has a strong focus on the objectivity of police and prosecutors, and the court has performed a thorough examination of several aspects of this obligation. The prosecutor’s duty to act objectively is further elaborated in connection with aspects of the law on evidence, especially regarding the collection of evidence, the evaluation of evidence, evidentiary standards, and the prosecution's burden of proof. The author suggests some legal strategies to secure and uphold a strict principle of objectivity. Finally the article also raises the question whether prosecutors’ involvement in plea agreements a threat to the principle of objectivity. Such procedures are not in itself incompatible with the fair-trial standard in article 6, but the concept of plea-bargaining and plea-agreements is a complex and disputed one. ECtHR has in some cases found such agreements incompatible with the obligation to conduct an effective investigation. The author argues that the overarching principle should be that any simplified criminal procedure must give sufficient guarantees to secure the overall fairness of the process and its outcome. To lean on the prosecutor’s duty to objectivity and independency in this respect is hardly enough.
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.
Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.
Full Text Available From the ancient times until today, criminal law has provided different criminal sanctions as measures of social control. These coercive measures are imposed on the criminal offender by the competent court and aimed at limitting the offender's rights and freedoms or depriving the offender of certain rights and freedoms. These sanctions are applied to the natural or legal persons who violate the norms of the legal order and injure or endanger other legal goods that enjoy legal protection. In order to effectively protect social values, criminal legislations in all countries predict a number of criminal sanctions. These are: 1 imprisonment, 2 precautions, 3 safety measures, 4 penalties for juveniles, and 5 sanctions for legal persons. Apart and instead of punishment, warning measures have a significant role in the jurisprudence. Since they emerged in the early 20th century in the system of criminal sanctions, there has been an increase in their application to criminal offenders, especially when it comes to first-time offenders who committed a negligent or accidental criminal act. Warnings are applied in case of crimes that do not have serious consequences, and whose perpetrators are not hardened and incorrigible criminals. All contemporary criminal legislations (including the French legilation provide a warning measure of suspended sentence. Suspended sentence is a conditional stay of execution of sentence of imprisonment for a specified time, provided that the convicted person does not commit another criminal offense and fulfills other obligations. This sanction applies if the following two conditions are fulfilled: a forma! -which is attached to the sentence of imprisonment; and b material -which is the court assessment that the application of this sanction is justified and necessary in a particular case. In many modern criminal legislations, there are two different types of suspended (conditional sentence: 1 ordinary (classical suspended
Full Text Available From the ancient times until today, criminal law in all countries has provided different criminal sanctions as social control measures. These are court-imposed coercive measures that take away or limit certain rights and freedoms of criminal offenders. Sanctions are applied to natural or legal persons who violate the norms of the legal order and cause damage or endanger other legal goods that enjoy legal protection. In order to effectively protect social values jeopardized by the commission of crime, state legislations prescribe several kinds of criminal sanctions: 1 penalties, 2 precautions, 3 safety measures, 4 penalties for juvenile offenders, and 5 sanctions for legal persons. Penalties are the basic, the oldest and the most important type of criminal sanctions. They are prescribed for the largest number of criminal offences. Imposed instead of or alongside with penalties, warning measures have particularly important role in jurisprudence. Since they were introduced in the system of criminal sanctions in the early 20th century, there has been a notable increase in the application of these measures, particularly in cases involving negligent and accidental offences, and minor offences that do not cause serious consequences, whose perpetrators are not persons with criminal characteristics. Warning measures (suspended sentence are envisaged in all contemporary criminal legislations, including the German legislation. Suspended sentence is a conditional stay of execution of the sentence of imprisonment for a specified time, provided that the convicted person fulfills the imposed obligations and does not commit another criminal offense. Two conditions must be fulfilled for the application of these sanctions: a the formal requirement, which is attached to the sentence of imprisonment; and b the substantive requirement, which implies the court assessment that the application of these sanctions is justified and necessary in a particular case. Many
Gierowski, Józef Krzysztof
The article comments, from the perspective of a forensic psychologist, the changes which have been recently provided to the law regulations on sexual crime and the treatment of the sexual crime perpetrators. It appears that the new law regulations follow the right path, because they create the conditions for holistic and complex solutions in the sexual crime treatment matter. Unfortunately they are still rather incomplete and inconsistent. Their practical implementation is difficult because of the very demanding qualification criteria to the psychotherapy of sexual crime perpetrators, the existence of law criteria to the therapy, the narrow frame of the therapy goals and unclear rules of therapy constraint. Moreover, in Poland there is a lack of complex therapy models of sexual perpetrators, we have little experience in this kind of therapy and there is a deficiency of qualified specialists. Finally the relationship between the treatment of this kind of criminals in prison conditions and ambulatory therapy conditions isn't very clearly precise. On the other hand, a lot of improvements have been provided, such as: continuing the treatment after leaving prison, not only pharmacological treatment but also psychotherapy, the system of prevention. Despite of the strong attempts to promote the special role of pharmacological treatment of sexual crime perpetrators (,,chemical castration"), the new solutions promote a complex and interdisciplinary approach to this problem. In this article, the author described the current Polish experience in the therapy of sexual crime perpetrators and listed several rules of preparing the forensic-psychological expertise according to the described problem in context of new legal regulations.
Lyapustina, Tatyana; Rutkow, Lainie; Chang, Hsien-Yen; Daubresse, Matthew; Ramji, Alim F; Faul, Mark; Stuart, Elizabeth A; Alexander, G Caleb
States have attempted to reduce prescription opioid abuse through strengthening the regulation of pain management clinics; however, the effect of such measures remains unclear. We quantified the impact of Texas's September 2010 "pill mill" law on opioid prescribing and utilization. We used the IMS Health LRx LifeLink database to examine anonymized, patient-level pharmacy claims for a closed cohort of individuals filling prescription opioids in Texas between September 2009 and August 2011. Our primary outcomes were derived at a monthly level and included: (1) average morphine equivalent dose (MED) per transaction; (2) aggregate opioid volume; (3) number of opioid prescriptions; and (4) quantity of opioid pills dispensed. We compared observed values with the counterfactual, which we estimated from pre-intervention levels and trends. Texas's pill mill law was associated with declines in average MED per transaction (-0.57 mg/month, 95% confidence interval [CI] -1.09, -0.057), monthly opioid volume (-9.99 kg/month, CI -12.86, -7.11), monthly number of opioid prescriptions (-12,200 prescriptions/month, CI -15,300, -9,150) and monthly quantity of opioid pills dispensed (-714,000 pills/month, CI -877,000, -550,000). These reductions reflected decreases of 8.1-24.3% across the outcomes at one year compared with the counterfactual, and they were concentrated among prescribers and patients with the highest opioid prescribing and utilization at baseline. Following the implementation of Texas's 2010 pill mill law, there were clinically significant reductions in opioid dose, volume, prescriptions and pills dispensed within the state, which were limited to individuals with higher levels of baseline opioid prescribing and utilization. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.
PİR ALİ KAYA
Full Text Available Today, employment security is a most important need for wage-earners, especially in developing countries which have a high rate of unemployment, where firing workers is a way to lower wages. Because of that there are some provisions of international regulations that need to be addressed. Job security and restrictions on firing figure prominently in much national labour legislation. These provisions and principles are underlined in ILO Recommendation No. 119 and Convention No. 158. In this paper, attention is focused on ILO Convention No. 158 and its repercussions on Turkish labour law.
Himes, S M
This Article analyzes potential conflicts that arise from both the judicial and administrative approval processes that govern the closure of charitable hospitals through a sale of all or substantially all of their assets. Examining the recent closure attempt by the Manhattan Eye, Ear & Throat Hospital as an example, the Article highlights the various public health and corporate law issues that are raised when a not-for-profit hospital seeks closure. The Article thoroughly discusses both the statutorily and judicially required approval schemes applicable to the closure of charitable hospitals. The Article also suggests ways in which these conflicts might be avoided or remedied, as well as gives advice regarding hospital board decisionmaking.
Borges, Ana Luiza Vilela; Tsui, Amy Ong; Fujimori, Elizabeth; Hoga, Luiza Akiko Komura
We aimed to determine whether current contraceptive use is affected by a history of abortion for women from a country with abortion-restricted laws. This is an analysis of 2006 Brazil Demographic and Health Survey. Nonpregnant women whose first pregnancy occurred in the previous 5 years were selected for this study (n = 2,181). We used propensity score matching to compare current contraceptive use among women with induced or spontaneous abortion and women with no abortion. We found differences in the use, but women with a history of abortion did not report more effective contraceptive than women with no abortion, as we expected.
Full Text Available Investment is a crucial component phenomenon for economic and industrial development of a country. The main objective of this paper is to highlight the present investment related laws and regulations in Bangladesh. An analysis has been made to depict different aspects and their impacts on formulations, promotions, incentives and facilities support provided by BOI, BEPZA, BSCIC, Ministry of Finance, Bangladesh Bank and National Board of Revenue to both local and foreign investors. The results of the study indicate that variables related to investment in Bangladesh are highly positive for economic growth and industrial development of the country.
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.
Susanne D. Burri
Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.
Lindor, Rachel A; Boie, Eric T; Campbell, Ronna L; Hess, Erik P; Sadosty, Annie T
The objectives were to describe lawsuits against providers for failing to order head computed tomography (CT) in cases of head trauma and to determine the potential effects of available clinical decision rules (CDRs) on each lawsuit. The authors collected jury verdicts, settlements, and court opinions regarding alleged malpractice for failure to order head CT in the setting of head trauma from 1972 through February 2014 from an online legal research tool (WestlawNext). Data were abstracted onto a standardized data form. The performance of five CDRs was evaluated. Sixty relevant cases were identified (52 adult, eight children). Of 48 cases with known outcomes, providers were found negligent in 10 cases (six adult, four pediatric), settled in 11 cases (nine adult, two pediatric), and were found not liable in 27 cases. In all 10 cases in which providers were found negligent, every applicable CDR studied would have indicated the need for head CT. In all eight cases involving children, the applicable CDR would have suggested the need for head CT or observation. A review of legal cases reported in a major online legal research system revealed 60 lawsuits in which providers were sued for failing to order head CTs in cases of head trauma. In all cases in which providers were found negligent, CT imaging or observation would have been indicated by every applicable CDR. © 2015 by the Society for Academic Emergency Medicine.
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.
de Barcellos, Ana Paula
Public law litigation has been used in many places to advance human rights related to health. In Brazil, such lawsuits usually request that the government pay for pharmaceuticals to individuals. But could litigation play a role in shaping public health policies to benefit communities? To explore this question, this paper focuses on lawsuits involving determinants of health, namely water and sanitation public policies. This paper discusses the results of an empirical study of 258 Brazilian court orders, issued in a 10-year period, that address requests for sewage collection and treatment. The data show that the Brazilian judiciary is willing to improve access to sanitation services. However, litigation has addressed fewer than 177 out of the 2,495 Brazilian municipalities that lack both sewage collection and treatment systems, and lawsuits are concentrated in the richer cities, not in the poorest ones. This paper suggests that public law litigation can be used to foster public health policies similar to the way in which structural reform litigation and the experimentalism approach between courts and defendants have influenced public policies and achieved institutional reform in schools and prisons. However, greater effort is needed to target initiatives that would reach the most disenfranchised communities. Copyright © 2014 Barcellos. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.
Full Text Available Benford’s law has attracted many researchers for detecting the fraudulent data and can be used as one of the digital analysis tools for auditing of the accounting data. In this treatise, the accuracy of figures reported in Hungarian Trading Companies’ data are examined through digital analysis technique with the consideration of Benford’s Law. The net sales data from the period of year 2009 to 2014 has been used for detecting the anomalies and to confirm whether the digit-pattern follows Benford’s distribution. Through the obtained results we claimed that the frequencies of first and second digits’ place follow the Benford’s theoretical distribution and exhibits to close conformity. Moreover analysis of the second, first-order and second-order gave a mixed result of close conformity to significant deviation from expected frequency. Also the absolute deviation (MAD value of first and second digit suggest an overall conformity of the data to Benford’s distribution.
Bezerra, Christiane Singh; UNIPAR-Paranavaí; Lima, Maria Aparecida Singh Bezerra de; UNIPAR-Paranavaí / CESUMAR
The socio-affective filiation represents one of the great innovations in the array of paternal family law and consecrate the equality among children. The analysis of the characteristics, the requirements and the way how socioaffective filiation consubstantiates, brings to family relations a new specie of filiation not anticipated in the new Brazilian Civil Code. This type of filiation, although not disciplined, has been supported by the doctrine nad the paternal jurisprudence. A filiação s...
Schill, S.W.B.; Tvede, K.R.
The use of internal and external precedent has been studied in relation to numerous international courts and tribunals. The participation of investment treaty tribunals in judicial dialogues or judicial cross-fertilization, by contrast, has remained underexplored. The present article closes this gap
Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y
While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.
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.
Parmet, Wendy E
This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell , the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future. Copyright © 2016 by Duke University Press.
Makowski, Marcin; Piotrowski, Edward W.; Sładkowski, Jan; Syska, Jacek
We consider properties of the measurement intensity ρ of a random variable for which the probability density function represented by the corresponding Wigner function attains negative values on a part of the domain. We consider a simple economic interpretation of this problem. This model is used to present the applicability of the method to the analysis of the negative probability on markets where there are anomalies in the law of supply and demand (e.g. Giffen's goods). It turns out that the new conditions to optimize the intensity ρ require a new strategy. We propose a strategy (so-called à rebours strategy) based on the fixed point method and explore its effectiveness.
Full Text Available In this paper we survey the system of academic degrees and important academic titles used in Hungary in the mirror of their historical development - as appropriate from the aspect of jurisprudence, omitting scientific titles that fall outside this field. First, we examine the requirements and statutory conditions of becoming a university professor (ordinary and extraordinary university professor and university private professor (Privatdozent in the period from Maria Theresa's Ratio educationis, i.e., 1777 to 1950. After that, we present the introduction, regulations of the academic degrees introduced in 1950 and 1951 following Soviet patterns: the candidate of sciences and doctor of sciences degrees and the rules of obtaining them as well as the system of scientific and researcher classification still used today. After the historical survey, we analyse the regulation of academic degrees and titles after the change of regime on the basis of statutory and institutional regulations. As part of that, we survey the system of requirements of obtaining the doctoral (PhD degree, the requirements of habilitation as scientific qualification, the rules of winning the doctor of the Magyar Tudományos Akadémia (MTA [Hungarian Academy of Sciences (HAS] title replacing the doctor of sciences degree and the conditions of becoming an ordinary and corresponding member of the Academy.
Edens, John F; Cox, Jennifer; Smith, Shannon Toney; DeMatteo, David; Sörman, Karolina
The Psychopathy Checklist-Revised (PCL-R; Hare, 2003) is a professional rating scale that enjoys widespread use in forensic and correctional settings, primarily as a tool to inform risk assessments in a variety of types of cases (e.g., parole determinations, sexually violent predator [SVP] civil commitment). Although widely described as "reliable and valid" in research reports, several recent field studies have suggested that PCL-R scores provided by examiners in forensic cases are significantly less reliable than the interrater reliability values reported in research studies. Most of these field studies, however, have had small samples and only examined SVP civil commitment cases. This study builds on existing research by examining the reliability of PCL-R scores provided by forensic examiners in a much more extensive sample of Canadian criminal cases. Using the LexisNexis database, we identified 102 cases in which at least 2 scores were reported (of 257 total PCL-R scores). The single-rater intraclass correlation coefficient (ICC(A1)) was .59, indicating that a large percentage of the variance in individual scores was attributable to some form of error. ICC values were somewhat higher for sexual offending cases (.66) than they were for nonsexual offending cases (.46), indicating that poor interrater reliability was not restricted specifically to the assessment of sexual offenders. These and earlier findings concerning field reliability in legal cases suggest that the standard error of measurement for PCL-R scores that are provided to the courts is likely to be much larger than the value of 2.90 reported in the instrument's manual. (c) 2015 APA, all rights reserved).
LL.M. (International Commercial Law) This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Co...
Bayard, D. S.; Wen, J. T.
A new class of asymptotically stable adaptive control laws is introduced for application to the robotic manipulator. Unlike most applications of adaptive control theory to robotic manipulators, this analysis addresses the nonlinear dynamics directly without approximation, linearization, or ad hoc assumptions, and utilizes a parameterization based on physical (time-invariant) quantities. This approach is made possible by using energy-like Lyapunov functions which retain the nonlinear character and structure of the dynamics, rather than simple quadratic forms which are ubiquitous to the adaptive control literature, and which have bound the theory tightly to linear systems with unknown parameters. It is a unique feature of these results that the adaptive forms arise by straightforward certainty equivalence adaptation of their nonadaptive counterparts found in the companion to this paper (i.e., by replacing unknown quantities by their estimates) and that this simple approach leads to asymptotically stable closed-loop adaptive systems. Furthermore, it is emphasized that this approach does not require convergence of the parameter estimates (i.e., via persistent excitation), invertibility of the mass matrix estimate, or measurement of the joint accelerations.
Asante-Duah, K; Nagy, I V
The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of "acceptable" waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community-and thus a need for the careful implementation of such agreements and regulations.
Roberts, Michael T
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.
Gordon, Daniel E; Bian, Fuqin; Anderson, Bridget J; Smith, Lou C
Prompt entry to care after HIV diagnosis benefits the infected individual and reduces the likelihood of further transmission of the virus. The New York State HIV Testing Law of 2010 requires diagnosing providers to refer persons newly diagnosed with HIV to follow-up medical care. This study used routinely collected HIV-related laboratory data from the New York State HIV surveillance system to assess whether the fraction of newly diagnosed cases entering care within 90 days of diagnosis increased after the implementation of the law. Laboratory data on 23,302 newly diagnosed cases showed that entry to care within 90 days rose steadily from 72.0% in 2007 to 85.4% in 2012. The rise was observed across all race/ethnic groups, ages, transmission risk groups, sexes, and regions of residence. Logistic regression analyses of entry to care pre-law and post-law, controlling for demographic characteristics, transmission risk, and geographic area, indicate that percentage of newly diagnosed cases entering care within 90 days grew more rapidly in the post-law period. This is consistent with a positive effect of the law on entry to care.
Cranmore, Jeff; Fossey, Richard
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…
van Dijck, Gijs
Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary
Harshman, Jordan; Bretz, Stacey Lowery; Yezierski, Ellen
Adequately accommodating students who are blind or low-vision (BLV) in the sciences has been a focus of recent inquiry, but much of the research to date has addressed broad accommodations rather than devising and testing specific teaching strategies that respond to the unique challenges of BLV students learning chemistry. This case study seeks to…
Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke
Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law...
de Angel Yágüez, Ricardo
Chamber number 1 of the Spanish Supreme Court of Justice has announced its fourth wrongful birth case decision dated December 18, 2003. The issue is whether we can state that with these four rulings there is a genuine law of precedent, that is, reiterated doctrine of the Supreme Court of Justice on this matter (Article 1.6 of the Civil Code).
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.
Gustavo Vitorino Cardoso
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
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...
In nations where state law is in conflict with traditional or customary law, significant issues can arise regarding the implementation of and adherence to national laws. A thorough understanding of this phenomenon within the context of legal pluralism is likely to reduce some of this conflict and
Correção Legislativa da Jurisprudência: uma análise das Emendas Constitucionais em matéria tributária / Legislative correction of Jurisprudence: an analysis of Constitutional Amendments in tax matters
DOI: 10.12957/rqi.2014.10693Trabalho enviado em 11 de fevreiro de 2014. Aceito em 25 de março de 2014. Resumo: A presente monografia busca oferecer um panorama sobre a correção legislativa da jurisprudência, que é o fenômeno que ocorre quando o Congresso reage e, por meio de emenda constitucional, lei complementar ou ordinária, modifica conscientemente determinada interpretação judicial, fazendo com que a decisão final sobre determinado assunto controvertido não tenha o seu fim no âmbito do J...
Sobredo, Laura D
In order to understand and adjust to the legal obligations that rule our professional practice as psychiatrists, it is useful to know the regulatory framework and its internal logic. The analysis of the case "Ximenes Lopes vs Brazil" (2006), from the Inter-American Court of Human Rights, intends to be, within this work, a contribution to understand those norms. The Inter-American Court of Human Rights conducts litigation that decides on the responsibility of Member States in alleged violations of human rights. Court sentences reflect the way judges interpret norms, solve conflicts between citizens and States, order reparations and control compliance with international obligations of States. "Ximenes Lopes vs Brazil" is the first judgement by the Inter-American Court of Human Rights against the State of Brazil and is also the first one that addresses the issue of mental disability. In that judgement the Inter-American System sanctions a democratic State, emphasizing the effective access to Justice among historically and structurally discriminated groups, in this particular case people with mental disability.
Full Text Available Introduction: Ethics is a science of ideal human character and behavior in situations where the distinction should be made between what is right and wrong. Dental jurisprudence is a set of legal regulations set forth by each state's legislature describing the legal limitations and regulations related to the practice of dentistry. Objectives: (1 To assess the dental practitioners' awareness about dentists (Code of Ethics regulation and jurisprudence. (2 To assess the awareness of dentists regarding Consumer Protection Act (COPRA and its implications in dentistry. Materials and Methods: A cross-sectional questionnaire survey was conducted. A pilot study was conducted to validate the questionnaire and to get the required sample size which was 346. A specially designed questionnaire consisting of 24 close-ended questions divided into two sections was used. The resulting data were coded, and statistical analysis was done using Statistical Package for Social Sciences (SPSS software version 17.0. Results: The results showed that about 65% of the dentists were aware that the Dentist Act was given in the year 1948 and 76% knew that the dentists (Code of Ethics regulation was given by the Dental Council of India. Only 33% knew that it is not unethical for a dental surgeon to supply or sell drugs related to dentistry in his clinic. Only 31% responded correctly that it is not necessary to obtain informed consent for clinical examination and routine radiography. Nearly, half of the respondents (43% were not aware of professional indemnity insurance. Conclusion: The study concludes that majority of the dental practitioners are aware of dental ethics but their knowledge on jurisprudence and COPRA needs to be enriched. Although recommendations can be made to the dental profession to alter their behavior, real improvement is unlikely without changes in legislation and social policy.
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.
Full Text Available This paper analyzes the legal basis for 'proceduralization' of Article 8 of the European Convention on Human Rights in environmental cases. Procedural aspect of Article 8 has been interpreted as giving rise to a positive duty for States, under certain circumstances, to protect individuals from environmental factors that seriously affect their private and family life. The paper shows that the Court's reliance on the concept of positive obligations with regard to Article 8 has expanded significantly over time, abandoning the link between the State and the harmful activity, as well as reflecting strong preventive nature of duties contained in Article 8. It is shown that the proceduralization of Article 8 represents an influence by a number of well established rules and principles of international law relating to the environment. Another aspect that is analysed in this paper is the scope of procedural dimension of Article 8, which is compared with other environmental law sources, as well as with other procedural rights that derive from the European Convention. Finally, it has been argued that the European Court has an environmentally expansionist interpretation of the right to private and family life, and that the Court set very important standards in relation to the content of procedural rights to participate in environmental decision-making and to access justice in environmental matters. However, the authors conclude that the Court's approach in dealing with certain matters could be criticized as well, such as the failure to provide clear standards in relation to the scope and definition of environmental information.
Solum, L.B. (Lawrence B.)
Virtue jurisprudence es una teoría normativa y explicativa del derecho que utiliza los recursos de la ética de las virtudes para responder las cuestiones centrales de la teoría del derecho. El objetivo principal de este trabajo es el desarrollo de una teoría de la decisión judicial centrada en las virtudes. La exposición de la teoría comienza explorando los defectos de carácter de los operadores judiciales, tales como la corrupción y la incompetencia. Luego se presenta una explicacio...
Bagaric, Mirko; Erbacher, Sharon
Causation is one of the most esoteric and poorly defined legal principles. The common law standards of the "but for" test and common sense are, in reality, code for unconstrained judicial choice. This leads to a high degree of unpredictability in negligence cases. Changes to the causation standard following the torts reforms have done nothing to inject principle into this area of law: the concept of "appropriateness" is no more illuminating than common sense. Despite this, the trend of recent High Court decisions offers some prospect of clarifying the test for causation. Key themes to emerge are an increased emphasis on individual responsibility and the associated concept of coherency with other legal standards. This article examines the doctrinal reasons underpinning the increasingly important role of these ideals and suggests how they can be accommodated into the test for causation to inject greater coherence and predictability into this area of law.
Ketteler, G.; Kippels, K.
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) [de
Rabiu, Abdul-Rasheed; Sugand, Kapil
The medical profession consistently strives to uphold patient empowerment, equality and safety. It is ironic that now, at a time where advances in technology and knowledge have given us an increased capacity to preserve and prolong life, we find ourselves increasingly asking questions about the value of the lives we are saving. A recent editorial by Professor Raanan Gillon questions the emphasis that English law places on the sanctity of life doctrine. In what was described by Reverend Nick Donnelly as a "manifesto for killing patients", Professor Gillon argues that the sanctity of life law has gone too far because of its disregard for distributive justice and an incompetent person's previously declared autonomy. This review begins by outlining the stance of the sanctity of life doctrine on decisions about administering, withholding and withdrawing life-prolonging treatment. Using this as a foundation for a rebuttal, a proposal is made that Professor Gillon's assertions do not take the following into account:1) A sanctity of life law does not exist since English Common Law infringes the sanctity doctrine by tolerating quality of life judgements and a doctor's intention to hasten death when withdrawing life-prolonging treatment.2) Even if a true sanctity of life law did exist:a) The sanctity of life doctrine allows for resource considerations in the wider analysis of benefits and burdens.b) The sanctity of life doctrine yields to a competent person's autonomous decision.This review attempts to demonstrate that at present, and with the legal precedent that restricts it, a sanctity of life law cannot go too far.
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.
Full Text Available This paper is a prolegomenon to further study of the intensified relationship between law and moral theology in early modern times. In a period characterized by a growing anxiety for the salvation of the soul (»Confessional Catholicism«, a vast literature for confessors, which became increasingly juridical in nature, saw the light between roughly 1550 and 1650. By focussing on some of the most important Jesuit canonists and moral theologians, this article first seeks to explain why jurisprudence became regarded as an indispensable tool to solve moral problems. While Romano-canon law showed its merits as an instrument of precision to come to grips with concrete qualms of conscience, with the passing of time it also became studied for its own sake. The second part of this paper, therefore, illustrates how the legal tradition, particularly with regard to the law of obligations, was reshaped in the treatises of the moral theologians.
Full Text Available The notion of 'wine vessels' in Roman law comprises all the winecontaining recipients. There is no legal standardization of wine vessels by means of volume, and although the terms amphora, urna and culleus are used to designate both the vessels and the units of measure, these are two different meanings of the terms. In regard of the question, whether the vessels make appurtenance of the wine, jurisprudents of proculean school divided them in two categories. In the first category are those that follow legal status of wine, usually amphoras and other jars (cadi which are used for 'packaging', i. e. 'bottling' of the wine. The second category make mostly vats (cuppae and ceramic cisterns (dolia, which don't follow legal status of wine, making instead part of farming equipment of a landed property (instrumentum fundi and it's appurtenance. But, the roman jurists are not consistent regarding criteria for distinguishing these two categories.
Jonker, M.; Tigchelaar, H.
In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on
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....
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
Harold J. Berman
Full Text Available 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 world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.
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
Harifin A. Tumpa
Full Text Available The judge may not refuse to examine and to decide a case which has been submitted to the court despite having unclear or non-existent legal pretext. The judge are expected to be able to explore values and sense of justice that grows and embodies the community as the living law. The concept of justice here is not the outcome by the human intellectualism, but rather from his/her own spirit. A justice could not exist or be born from a mere theory, because justice is naturally born from the deepest conscience of a judge who is also a human being. A person’s conscience can not come in sudden, but was born through the process, practice or habit. Either legal finding (Rechtsvinding or the creation of law (rechtsschepping should be used in providing justice for litigants as follows: First, in absence of the relevant rules within the existing legislation. Second, regulated by the law but insufficiently clear and contain multi-interpretations. Third, regulated by the law but no longer meet the public sense of justice (out of date. Fourth, based on a jurisprudence or an expert opinion.
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The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.
Scotti Valentina Rita
Full Text Available After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court’s adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents for these groups of women a source of double discrimination. Brief concluding remarks discuss the challenges deriving from the different options for accommodating the principle of equality with cultural rights.
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
Hoffman, Steven J; Sritharan, Lathika; Tejpar, Ali
Persons with psychosocial disabilities face disparate access to healthcare and social services worldwide, along with systemic discrimination, structural inequalities, and widespread human rights abuses. Accordingly, many people have looked to international human rights law to help address mental health challenges. On December 13, 2006, the United Nations formally adopted the Convention on the Rights of Persons with Disabilities (CRPD) - the first human rights treaty of the 21st century and the fastest ever negotiated. This study assesses the CRPD's potential impact on mental health systems and presents a legal and public policy analysis of its implementation in one high-income country: Canada. As part of this analysis, a critical review was undertaken of the CRPD's implementation in Canadian legislation, public policy, and jurisprudence related to mental health. While the Convention is clearly an important step forward, there remains a divide, even in Canada, between the Convention's goals and the experiences of Canadians with disabilities. Its implementation is perhaps hindered most by Canada's reservations to Article 12 of the CRPD on legal capacity for persons with psychosocial disabilities. The overseeing CRPD Committee has stated that Article 12 only permits "supported decision-making" regimes, yet most Canadian jurisdictions maintain their "substitute decision-making" regimes. This means that many Canadians with mental health challenges continue to be denied legal capacity to make decisions related to their healthcare, housing, and finances. But changes are afoot: new legislation has been introduced in different jurisdictions across the country, and recent court decisions have started to push policymakers in this direction. Despite the lack of explicit implementation, the CRPD has helped to facilitate a larger shift in social and cultural paradigms of mental health and disability in Canada. But ratification and passive implementation are not enough. Further
This essay traces the role of the drug thalidomide in the reform of Canadian abortion law during the late 1960s. Like elsewhere in the British Commonwealth, discussion of the "thalidomide disaster" of the early 1960s intensified leading up to the debates that culminated in the 1969 amendment to Canadian abortion law. Although thalidomide was a rallying point for advocates of eugenic abortion, a majority of Canadian MPs, unlike their British and Commonwealth counterparts, rejected this argument. Widespread public and political considerations of the thalidomide tragedy were thus unable to inspire support for a eugenic clause in Canada's new abortion law, in spite of the nation's infamous eugenic past.
The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...
The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...
G. P. Tolstopiatenko
Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972
Dr. Abzahir Khan
Full Text Available ABSTRACT The Islamic Jurisprudence has given a great importance to the existence of family system of life. That is why the Qur‘ān has described the laws of family life with details in comparison with worship of Allah. In family system of life, marriage has a great importance but marriage is not only essential part of worship. Its purposes one the existence of human generation along with the survival society where there must be modesty and justice but it is only possible if the family system of life is established on everlasting principles. That is why our Islamic Jurisprudence has declared the willingness of both bridegroom and bride and their family more importance in the marriages. Such marriages are always durable and permanent. On the contrary, if there is no willingness of both the bridegroom and bride in marriages. Then such marriages are not durable and permanent. In marriage a girl is a party and the Islamic jurisprudence has given a great deal of importance to her willingness but in pusthoon society, sometimes such marriages are conducted in which the bride concerned has no approval rather she is forced to accept that bond of marriage such marriages are commonly called “Forced Marriages”. The article below is defining the different kinds of forced marriages in vogue and is trying to find out their religious and dogmatic status as well.
Full Text Available The original formula established by the EU legislator for the repression of unfair terms (by the use of the criteria for the establishment of the abusive character – the lack of negotiation of the clause, the significant unbalance between the rights and obligations of the parties and the infringement, by the professional, of the good faith requirement was consolidated by the developments made at case law level through the exercise, by the Court in Luxembourg, of its interpretative function. The study starts with a diachronic view of the solutions that highlighted the manifest tendency of CJEU to provide the effective protection of consumers by the admission of the judicial control performed ex officio over the unfair terms in Océano Grupo, Mostaza Claro and Cofidis, such judgments being also reconfirmed on occasion of the ulterior interventions from Pannon GSM, Asturcom Telecomunicaciones and Pénzügyi Lízing or, with particular reference to the consumer credit contracts, in Banco Español de Crédito and, lately, in Aziz (I. Afterwards, following a general description of the casuistic background of the disputes between credit consumers and banks in Romania (II, the analysis of the juridical meanings of the interpretations related to the recent Kásler case law from the 30th of April 2014, respectively Sánchez Morcillo and Abril García case laws from the 17th of July 2014 may not be extended also by the realistic assessment of the effects thereof in our national law and of the (potential implications that are relevant for the Romanian courts of law (III.
Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.
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) [de
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.
Freckelton, Ian; McGregor, Simon
Coronial law and practice inevitably impact upon the human rights of those affected by deaths. It is important that such rights be incorporated in how death investigations, up to and including coronial inquests, take place. This article explores the significant impact of the jurisprudence emanating from the European Court of Human Rights, as well as the application of such law by the courts of the United Kingdom and potentially in other countries. It argues that viewing the work of coroners through the lens of human rights is a constructive approach and that, although in the coronial legislation of Australia and New Zealand, many human rights, especially those of family members, and civil liberties are explicitly protected, there remain real advantages in reflecting upon compliance with human rights by death investigation procedures and decision-making.
“The image is the symbolic representation of the alive”. It is about a notion difficult to qualify legally given that the law in particular in France does not dedicate in a textual way the freedom of the image which it is advisable to connect at the same time with the free artistic creation, with the freedom of information, with the freedom of communication which the term is not defined by the law or more widely in the freedom of expression guaranteed by the D.D.H.C of 1789 in the article 11 ...
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. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.
Harold J. Berman; Robert W. Woodruff; James Barr Ames
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 ...
SH. M. Hum. TAUFIQURRAHMAN
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.
Bjorholm, Stine Wendelboe; Svenning, J.-C.; Skov, Flemming
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...
DeMatteo, David; Edens, John F; Galloway, Meghann; Cox, Jennifer; Smith, Shannon Toney; Formon, Dana
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.
de Moor-van Vugt, A.
EU law has broadened the scope of administrative sanctioning by adding a variety of sanctions to the palette of sanctions in national law. Since the coming into force of the Charter, EU procedural standards are modelled on the ‘criminal charge’ case law of the ECtHR. These standards are discussed
There is widespread agreement among contemporary philosophers of biology and philosophically-minded biologists that Darwin's insights about the intrusion of chance processes into biological regularities undermines the possibility of there being biological laws. Darwin made references to "designed laws." He also freely described some laws as having exceptions. This paper provides a philosophical analysis of the notion of scientific laws that was dominant in Darwin's time, and in all probability the one which he inherited. The analysis of laws is then used to show how it could have been natural for Darwin to believe in designed laws that had exceptions, and to highlight the continuity between the metaphysics of pre-Darwinian, Darwinian, and contemporary biological science. One important result is the removal of one motivation for the anti-laws sentiment in philosophy and biology. Copyright © 2011 Elsevier Ltd. All rights reserved.
Full Text Available The article analyses the approach to the study of the sphere of language between theory of law and the philosophy of language. The aim of the paper is to study the range of applicability of philosophical and linguistic conceptions in theory of law. Law theory reflects certain movements and controversies that have been significant in linguistic sciences. The analyses, which, so far, have been conducted in theory of law, concentrated mainly on the use of the results of such achievements made by the representatives of the philosophy of language and linguistics as formal languages theories, transformational-generative theories, structuralism, formalism, pragmalinguistics. In this article, it is claimed that contemporary changes in the humanities justify the expansion of the range of jurisprudence integration to some other approaches, different from formalistic and pragmatic ones.
Ngwena, Charles G
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. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.
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...
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…
Kerins, Gillian; Madden, Ronan; Fulton, Crystal
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 the Leckie et al.…
Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad
In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law...
Arcila R, Jaime Leon; Velasquez A, Hector I
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.
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) [de
Khadraoui, Abdelaziz; Opprecht, Wanda; Léonard, Michel; Aïdonidis, Christine
The compliance of e-government services with legal aspects is a crucial issue for administrations. This issue becomes more difficult with the fast-evolving dynamics of laws. This chapter presents our approach to describe and establish the link between e-government services and legal sources. This link is established by an ontology called “law-based ontology.” We use this ontology as means to define and to construct e-government services. The proposed approach is illustrated with one case study: the specification of services in relationship with the venture creation in Switzerland and in the State of Geneva. We have selected the Commercial Register area which mainly encompasses the registration of a new company and the modification of its registration.
Full Text Available In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4 of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b does not foresee the outcome of his actions, although he should and could have.”This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6 of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”.
Anatolii V. Kirin
Full Text Available The article examines in historical retrospect the experience and tendencies of parallel development of criminal and administrative responsibility in domestic jurisprudence and legislation from the 19th century to the present day. The Authors criticize the attempts to return administrative offenses to a three-tier system of criminal delicts on the basis of the concept of the Criminal Code of 1903. It is condemned not so much as an attempt to “reanimate” criminal misdemeanor by representatives of criminal law science, but similar attacks on the independent species status of administrative responsibility on the part of individual colleagues-administrativists
The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy
Miguel Ángel Cepillo Galvín
Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.
Medina-Arellano, María de Jesús
Abstract News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. PMID:28852557
Omo-Aghoja, L O; Omo-Aghoja, V W; Feyi-Waboso, P; Onowhakpor, E A
Abortion continues to be a major public health issue that evokes social, political, legal, cultural and religious sentiments and debates in all societies. This is particularly so in countries with restrictive abortion laws. It is one of the leading causes of maternal mortality and morbidity. Despite variations in the legal status of abortions in favor of restrictiveness in developing countries compared with developed countries, overall rates are quite higher in the developing countries. This review article therefore, examines the historical perspectives of induced abortion as well as the issues and controversies associated with induced abortion. Also, a review of the Nigeria national abortion law is made. We believe that this is capable of identifying useful interventions for designing programs that will lead to a reduction in the burden of unsafe abortion in developing countries.
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.
Saldi Isra; Ferdi Ferdi; Hilaire Tegnan
It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preemi...
From the set of the first three structural axioms follows the - economic - triangle theorem. It asserts that the product of the three key ratios, which characterize the firm, the market outcome, and the income distribution, is always equal to unity. The theorem contains only unit-free variables, is testable in principle, and involves no behavioral assumptions. The differentiated triangle theorem applies to an arbitrary number of firms. Therefrom Walras’s Law can be derived without recourse to...
Moreno Esparza, Gabriel A
This article looks at the coverage US broadcaster Univision provided about the Arizona law, a measure criminalizing undocumented immigrants. Content analysis of Noticiero Univision’s reports on the subject reveals the presence of diasporic public spheres, a notion that is regularly deployed in reference to media from the homeland of transnational communities, but which has rarely been explored at the empirical level in host‐land contexts. This contribution suggests that while the paradigm of ...
In this paper it is described how the European Union embodies the principle of nondiscrimination on the grounds of gender in the sport field. It will be described the principle of nondiscrimination accordingly to the European Union law primary and secondary legislation, mentioning the Equality Directive (2006/54) in particular, which clarifies the definitions of direct and indirect discrimination. It will be analyzed the nondiscrimination principle applied to the sport field, from a regulatio...
Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.
Marinho, Anapaula Trindade
The application of tax treaties by national courts around the world is not uniform. Depending on the country where a given taxpayer raised a conflict between the provisions of the national tax rules and the regime provided by a tax treaty, the interpretation of the tax treaty might vary. The result can lead to a situation of double taxation, contrary to the aim of tax treaties. The contribution is about a particular principle of law that the Administrative French Supreme Court, i.e., the “Con...
Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.
Mohammad Hadi Daraei
Full Text Available Pacta sunt servanda” is one of the most fundamental principles in the common law and Iranian legal systems, which have been exposed to exceptions in the process of time. These exceptions are part of general doctrine of frustration. Iranians exceptions to this rule are named as “Ta`azzor” and “Ta`assor” rules. Doctrine of Frustration in Common law includes three subdivision theories: “impossibility of performance”, “frustration of purpose” and “impracticability” (hardship. All of these theories applied where a supervening event occurs. In English courts, only first two theories are accepted but third one is applicable in American courts. In imamieh Jurisprudence and Iranian law, “Ta`azzor” rule in most aspects is similar to Impossibility and “Ta`assor” rule is somehow like Impracticability. Some Iranian lawyers are said that we have no rule like “Frustration of Purpose” but I believe we can find traces of this theory in Imamieh jurisprudence and according which it is part of “Ta`azzor” rule.
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
Fúlvio Eduardo Fonseca
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.
Mohamad, Abdul Basir Bin
The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...
Elsmore, Matthew James
-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...
Sills, Eric Scott
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.
Sills, Eric Scott; Murphy, Sarah Ellen
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.
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.
Full Text Available The article deals with the models of multi-party litigation established in Brazilian law, considering the class action model and the model systematized by the Civil Procedure Code of 2015 consisting of repetitive case judgments. It exposes the evolution, influences and consolidation of multi-party litigation in the Brazilian legal system, identifies the collective actions microsystem and deals with its relationship with the Civil Procedure Codes of 1973 and 2015, under a constitutional perspective. It presents characteristics of the incident of resolution of repetitive demands and the repetitive extraordinary and special appeals, with comparisons with the model of class actions. It discusses, from a comparative law perspective, the three great models of collective tutelage (American, European, and Brazilian in their relationship with the holders of individual rights. Finally, it brings forward considerations about the due process of law, presenting a doctrinal vision based on the need to evaluate the conflict and the complexity of the litigation to adapt the forms of multi-party conflicts resolution.
Full Text Available The purpose of this contribution is to assess the impact of the EU Internal Market rules on the development of Union’s social policy. To that end the author analyses trends in the EU’s social policy over time, also following the outbreak of the economic and financial crisis in 2008, synthesising selected Union’s legislation, soft measures and case law relating to social policy, with a view to determining their immediate or potential impact on social rights and social protection. It is submitted that to date, the Union has made but a very restricted use of its powers to develop the social dimension of its Single Market, which contributes to the difficulties in reconciling social and labour rights with competition law and economic freedoms. This problem is ascribed not exclusively to the commonly blamed inequality of arms resulting from the prevalence of soft measures in the area of social policy and the hard law regulatory framework for the implementation of the Single Market rules. Its core is identified in the lack of will on the part of national governments to advance economic integration on common (European social foundations. Hence the necessary prerequisite for the further advance of the EU social policy and a sustainable European socio-economic model is the attitude change in the Member States.
Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution--or vindication--of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.
Minssen, Timo; Nilsson, David
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...... decision in Prometheus v. Mayo. Part IV, which is to be published in issue 4, will finally offer a broader discussion of the recent US patent-eligibility developments from an innovation policy perspective including brief references to recent European developments (7). This will provide the basis...
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,…
Bullis, Ronald K.
Two recent federal court cases have addressed the constitutionality of using sexual surveys in public schools. This article compares these cases with an earlier case dealing with the same issue but reaching different results. This article also describes the constitutional rights of parents to educate their children and the school's rights to…
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
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. © 2015 International Society of Zoological Sciences, Institute of Zoology/Chinese Academy of Sciences and John Wiley & Sons Australia, Ltd.
Linek, Lukáš; Lyons, Pat
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 Sciences Impact factor: 0.357, year: 2011 http://sreview.soc.cas.cz/uploads/018e7e18fc3f280fde49ea043eadc0c262d678f7_LINEK%20LYONSsoccas2011-6.pdf
Beraldo, Anna de Moraes Salles; Pereira, Paula Moura Francesconi de Lemos
The loss of chance doctrine arose in order to ensure full recovery of damages for the victims of medical negligence. In the doctor-patient relationship, the doctor performance may harm the patient in many different ways, giving rise to a range of injuries of different nature, including the injury caused by loss of the chance of cure or survival, which directly affects the patients' lives and health. Although this theory is not found in any enacted Brazilian law, and despite the resistance to its implementation due to the difficulty of its measurement and the calculation of the monetary damages, a gradual advancement in the application of the concept has been observed in recent years, showing that the Right to protect the dignity of the human person has been increasingly witnessed in Brazilian Courts.
Rendel, Pedro M.; Gavrieli, Ittai; Wolff-Boenisch, Domenik; Ganor, Jiwchar
The main obstacle in the formulation of a quantitative rate-model for mineral precipitation is the absence of a rigorous method for coupling nucleation and growth processes. In order to link both processes, we conducted a series of batch experiments in which gypsum nucleation was followed by crystal growth. Experiments were carried out using various stirring methods in several batch vessels made of different materials. In the experiments, the initial degree of supersaturation of the solution with respect to gypsum (Ωgyp) was set between 1.58 and 1.82. Under these conditions, heterogeneous nucleation is the dominant nucleation mode. Based on changes in SO42- concentration with time, the induction time of gypsum nucleation and the following rate of crystal growth were calculated for each experiment. The induction time (6-104 h) was found to be a function of the vessel material, while the rates of crystal growth, which varied over three orders of magnitude, were strongly affected by the stirring speed and its mode (i.e. rocking, shaking, magnetic stirrer, and magnetic impeller). The SO42- concentration data were then used to formulate a forward model that couples the simple rate laws for nucleation and crystal growth of gypsum into a single kinetic model. Accordingly, the obtained rate law is based on classical nucleation theory and heterogeneous crystal growth.
Milena Zampieri Sellmann
Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...
Zwam, H.J. van
A description is given of international and Dutch-national atomic energy law. Attention is paid to regulations relevant to industry, as well as to relationships between national and international regulations. First, international law is considered, namely the Euratom Treaty, Euratom institutes and tasks of Euratom. Next, the Dutch-national legislation is discussed with respect to nuclear fuels, ores and security of State (Defence interests). Regulations concerning radioactive materials in working rooms and instruments, personnel dosimetry and safety measures are discussed. Finally, authority control on rule observance and penal uphold of nuclear law is considered. (G.J.P.)
Curtice, Martin J R; Sandford, John J
The Human Rights Act 1998 (HRA) was introduced into United Kingdom domestic law in 2000 and incorporated most of the European Convention on Human Rights. Article 8 of the HRA provides the right to respect for private and family life, home, and correspondence. It is a qualified right, underpinned by the core HRA principle of proportionality and therefore can be dynamically interpreted. The forensic and prison settings in the United Kingdom have produced numerous cases based on perceived infringements that may or may not have breached Article 8. These cases, when analyzed, help both to demonstrate how Article 8 may be breached in clinical practice and to illustrate key Article 8 principles that can be used and implemented in clinical practice to safeguard both clinicians and patients.
... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...
Full Text Available Crust-derived helium is generated from the radioactive decay of uranium, thorium and other radioactive elements in geological bodies. Compared with conventional natural gas, helium is a typical weak source gas as a result of extremely slow generation rate and absence of helium-generating peak. It is associated with methane or carbon dioxide reservoirs frequently and related to groundwater closely. Helium can meet the industry standard with 0.1% in volume fraction. In order to study the accumulation mechanism of helium, the previous research on Henry's coefficient and solubility of helium, nitrogen and methane are summarized and the key roles of Henry's Law in the helium migration, accumulation and preservation are discussed by simulating calculation taking Weihe Basin as an example. According to the Law, the gas solubility in dilute solution is controlled by the gas partial pressure and the Henry's coefficient. Compared with the carrier gases, the Henry's constant of helium is high, with striking difference at low and high temperature. In addition, the helium partial pressure is greatly different in helium source rocks and gas reservoirs, resulting in the great differences of helium solubility in the two places. The accumulation progresses are as follows. Firstly, helium can dissolve into water and migrate out of helium source rocks due to the high helium solubility, which is caused by high helium partial pressure and high temperature in source rock. Secondly, when dissolved helium is transported to the shallow gas reservoir, it is prone to be out of solution and into reservoir due to the extremely low partial pressure and low temperature. Meanwhile part of carrier gases dissolves into water, as if helium is “replaced” out. Furthermore, the low concentration funnel of dissolved helium is formed near the gas reservoir, then other dissolved helium continues to migrate towards the gas reservoir, which greatly improves the helium accumulation
Gabriela Ribeiro Farinha
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
Choudhry, Asad J; Haddad, Nadeem N; Rivera, Mariela; Morris, David S; Zietlow, Scott P; Schiller, Henry J; Jenkins, Donald H; Chowdhury, Naadia M; Zielinski, Martin D
Annually, 15% of practicing general surgeons face a malpractice claim. Small bowel obstruction accounts for 12-16% of all surgical admissions. Our objective was to analyze malpractice related to small bowel obstruction. Using the search terms "medical malpractice" and "small bowel obstruction," we searched through all jury verdicts and settlements for Westlaw. Information was collected on case demographics, alleged reasons for malpractice, and case outcomes. The search criteria yielded 359 initial case briefs; 156 met inclusion criteria. The most common reason for litigation was failure to diagnose and timely manage the small bowel obstruction (69%, n = 107). Overall, 54% (n = 84) of cases were decided in favor of the defendant (physician). Mortality was noted in 61% (n = 96) of cases. Eighty-six percent (42/49) of cases litigated as a result of failing to diagnose and manage the small bowel obstruction in a timely manner, resulting in patient mortality, had a verdict with an award payout for the plaintiff (patient). The median award payout was $1,136,220 (range, $29,575-$12,535,000). A majority of malpractice cases were decided in favor of the defendants; however, cases with an award payout were costly. Timely intervention may prevent a substantial number of medical malpractice lawsuits in small bowel obstruction, arguing in favor of small bowel obstruction management protocols. Copyright © 2016 Elsevier Inc. All rights reserved.
Mullen, Kacy L; Edens, John F
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.
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.) [de
This article argues that liability for negligent medical treatment should be predicated upon a standard of care reflecting what is medically and scientifically reasonable. Legal science (jurisprudence) and medical science (evidence-based medicine) should be reconciled to improve patient care and outcomes. The use of antenatal corticosteroids in obstetrics during the 1990s illustrates how most jurisprudence for setting the standard of care for treatment is ill equipped to meet the fundamental aims of tort law. The proliferation of evidence-based medical practice provides a unique opportunity for the law to encourage best medical practice when setting the standard of care for treatment. It is argued that, eventually, the law should recognise clinical practice guidelines as the prima facie standard of care for treatment. This will provide legal certainty, appropriate medical practitioner accountability, and ultimately improve patient care and outcomes.
Gina Livioara Goga
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.
Varga, T; Szabó, A; Dósa, A; Bartha, F
The authors examine the criminal cases involving physicians and other health care workers between January 1996 and December 2000 inclusive. in Hungary. The data are based on the registry of the Criminal Prosecutor's Office. Altogether 94 cases were initiated in this period of time, the accused of the criminal proceeding was a registered nurse in 9 cases, an ambulance paramedic in 5 cases, a pharmacist in 3, and a physician in 77 cases. In cases where registered nurses were involved, the most common act was negligent change of medication or providing inadequate custody of a patient in need, pharmacists were also accused for negligent change of medicinal products. In case of ambulance assistants the most common violation of the professional rules was diagnostic failure or not responding to the call in time. As to physicians, mostly primary care physicians were accused (29%), usually for failing to examine the patient or for diagnostic error, obstetricians-gynecologists (17 %) and traumatologists (12 %) were also frequently accused.
for instigating MR is dangerous patient behavior and research has suggested that many MR episodes result from experienced violence or threat of violence by staff these aspects attract special attention. This study analyzes the role of threat, violence, and contextual characteristics in MR lawsuits. Methodology.......g. psychological) or aggressive behavior was described (e.g. humiliating remarks). In 52 cases (32%) there was information that belt fixation had been supplemented with arm or leg fixation. MR was concluded illegal in 124 (76%) of cases and in 33 cases (20%) the duration of MR use was concluded illegal. Among...... summaries in which information is often incomplete. Dark figures presumably are widely present. Similarly, it should be mentioned that Board cases are patient-initiated and provide an incomplete picture of the occurrence of violence. Implications and Perspectives: Knowledge about the actual role of violence...
Martin, Stevie S
This article critically examines the decision of the New Zealand High Court in Seales v Attorney-General  NZHC 1239, which rejected the claim that that country's blanket ban on assisted suicide violated various rights enshrined in the New Zealand Bill of Rights. That outcome runs contrary to the Canadian Supreme Court's decision in Carter v Canada (Attorney General)  1 SCR 331. This disparity in result arose despite overt similarities between the rights documents in each of the jurisdictions and, more significantly, notwithstanding the fact that the trial judge in Seales placed heavy reliance upon the decision in Carter. With two new challenges to the blanket ban on assisted suicide in England and Wales progressing through the lower courts, and given proposed amendments to the ban in both New Zealand and its antipodean neighbours - the Australian states of Victoria and New South Wales - it is a propitious time to consider the reasons for the disparate outcomes in Seales and Carter. This article will demonstrate that the trial judge's reasoning in Seales was wanting in a number of important respects, particularly in terms of the characterisation of the objective of the blanket ban. These limitations undermine the decision's utility as authority both domestically and internationally. This is particularly important given the high likelihood that reference will be made to the decision during debate in the New Zealand Parliament regarding amendments to the ban in that country and the possibility that the Legislatures in Victoria and New South Wales, as well as the English courts hearing the current challenges to the ban in that jurisdiction will, particularly given the shared common law background, refer to the judgment in Seales.
Wiafe, Edward Debrah
The wildlife laws of Ghana alienated the rural communities from forests and material well-being depended upon for their livelihood and this manifests itself in the progressive conflict between the park patrol staff and poachers from the fringes of the protected areas. The main aim of this study was to determine the impact of quantification of patrol efforts on indicators of illegal hunting activities that occur in rainforest protected areas, as a result of monitoring patrol operations and modifying the original plan. The specific objectives were to determine the optimal patrol efforts necessary to reduce illegal wildlife use to minimal; and the influence of the rainfall and seasonal activities on illegal wildlife use. The results indicated that as the patrol efforts increased the encounter with illegal wildlife use also increased until a certain point that the encounter rates started decreasing. Neither rainfall nor seasonal activities influenced the illegal activities and the patrol efforts. The protection staff of rainforest protected areas would work effectively to bring down illegal wildlife off-take to the barest minimum if monitored, quantified and provide feed-back. Illegal wildlife off-take can also be reduced by the protection staff if the original plans are made flexible to be adjusted. Recommendations for further studies have been made.
Charles J. Reid, Jr.
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.
Maries, Alexandru; Lin, Shih-Yin; Singh, Chandralekha
Prior research suggests that introductory physics students have difficulty with graphing and interpreting graphs. Here, we discuss an investigation of student difficulties in translating between mathematical and graphical representations for a problem in electrostatics and the effect of increasing levels of scaffolding on students' representational consistency. Students in calculus-based introductory physics were given a typical problem that can be solved using Gauss's law involving a spherically symmetric charge distribution in which they were asked to write a mathematical expression for the electric field in various regions and then plot the electric field. In study 1, we found that students had great difficulty in plotting the electric field as a function of the distance from the center of the sphere consistent with the mathematical expressions in various regions, and interviews with students suggested possible reasons which may account for this difficulty. Therefore, in study 2, we designed two scaffolding interventions with levels of support which built on each other (i.e., the second scaffolding level built on the first) in order to help students plot their expressions consistently and compared the performance of students provided with scaffolding with a comparison group which was not given any scaffolding support. Analysis of student performance with different levels of scaffolding reveals that scaffolding from an expert perspective beyond a certain level may sometimes hinder student performance and students may not even discern the relevance of the additional support. We provide possible interpretations for these findings based on in-depth, think-aloud student interviews.
Grosse, Claudia; Grosse, Alexandra
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. © The Author(s) 2014.
Full Text Available This paper deals with the Spanish provisions in criminal law requesting apology by offenders in organized crime, including terrorism. In order to grant parole, apology is required, among other possible means provided by law, to accredit the abandonment of the ends and means of the terrorist activity. Those legal provisions will be contrasted with the experience and narratives of victims and offenders in cases of terrorism. Final conclusions will be derived in relation to the possibility of restorative apologies in these contexts.Este artículo aborda las provisiones españolas en materia de derecho penal que solicitan la petición de perdón de los delincuentes del crimen organizado, incluyendo el terrorismo. Entre otras medidas posibles que plantea la ley, para obtener la libertad condicional se requiere una disculpa, para acreditar el abandono de los fines y los medios de la actividad terrorista. Estas provisiones legales se contrastarán con la experiencia y las narraciones de víctimas y delincuentes en casos de terrorismo. Se ofrecen conclusiones finales en relación con la posibilidad de disculpas restaurativas en estos contextos.DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3002481
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 R...
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work......When the International Association of IT Lawyers (IAITL) held its first international conference in 2006 in Hamburg, it could never have been envisaged just how successful the programme would become as a firm 'not to be missed' date of the calendar of increasing numbers of academics and others...
Monseau, Susanna; Lasher, Nancy
The Association to Advance Collegiate Schools of Business (AACSB) accreditation standards on learning and teaching, adopted in 2013, require students to "engage in experiential and active learning designed to improve skills and the application of knowledge in practice." The discussion of the facts of real life case studies is a great way…
Storz, Ulrich; Faltus, Timo
Since 2006, some of the highest ranking European Courts have issued decisions related to the patent eligibility of human embryonic stem cells. The question of patent eligibility of human embryonic stem cells remains, however, still erratic, at least in some aspects. This article will give a short comprehensive overview of the case history, and discuss questions still unsolved.
Paola Villavicencio Calzadilla
Full Text Available Climate Justice: Case Studies in Global and Regional Governance Challenges edited by Randall S Abate, addresses a diverse set of topics related to climate justice, explores the meaning and challenges of this critical issue, and provides factual and legal arguments to explain why fairness should guide the creation of international and national climate-related policy and responses.
The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...
Petra E. Lindhout
Full Text Available Over the years, the polluter pays principle has developed into a strong basis for EU policy making. Many European Directives refer to this principle, for instance as a basis for cost recovery or liability. The European Court of Justice has contributed significantly to the development of the polluter pays principle. Case law of the European Court of Justice on the polluter pays principle provides guidelines for burden sharing and recovery of costs. In this article we will illustrate how these guidelines may be helpful to solve current environmental issues.We will argue that the guidelines of the polluter pays principle apply to the establishment of coherent programmes of measures, as required under the Air Quality Directive and Water Framework Directive. We will also discuss the influence of the polluter pays principle on the cost recovery for water services under Article 9 of the Water Framework Directive.
Full Text Available The research analyzes the development of a systematic understanding about how the Inter-American Court of Human Rights (IACHR has understood the proportionality test (PT. In Comparative Law, there is different versions of PT, and for this reason is important determine what model the IACHR has in mind to control the violation of the American Convention on Human Rights. The hypothesis is that the IACHR, in most cases, is nothing deferential with the States Parties. However, it is impossible that the system works without with a degree of discretion in the interpretation and application of the Convention. This means that, although traditionally the IACHR has expressly stated otherwise, it is necessary to incorporate deference as a criterion of interpretation for the application of the conventionality examination. For this reason, the TP should be applied with a variable criterion in some areas.
Alexandra A. Dorskaya
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.
Gustavo Mathias Alves Pinto
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.
Sørensen, Karsten Engsig
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...
The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body ...
In much of the academic debate on the integration of Muslims into Western liberal democracies, Islam is often treated as one or the sole independent variable in the lives of Muslims. Offering to view Islam-or the understanding of Islam among Muslims-as the dependent variable, The Muslim Question in Canada discusses the influence of socioeconomic forces in shaping the Muslim immigrants' opinions, modes of thinking, and even interpretations of their faith. Drawing on this general approach, which is introduced and developed in the book using a variety of both quantitative and qualitative data, this article focuses on a school of thought within the Islamic jurisprudence known as fiqh al-aqalliyyat al-Muslema (the jurisprudence of Muslim minorities). The premise of the jurisprudence of Muslim minorities is that the lived realities of Muslims who reside in non-Muslim countries are so fundamentally different from those of the Muslim-majority nations that traditional Islamic jurisprudence cannot offer meaningful solutions for their problems. Therefore, there is a need to establish an entirely different jurisprudential approach centered around the lives of the Muslim minorities. The purpose of the bulk of jurisprudential theorization efforts in this line of reasoning is to facilitate the lives of the Muslim minorities; as well, they aim to create a foundation for the moral obligations of Muslims toward non-Muslims in such environments. I argue that a crucial element that triggers such a development is the existence of a positive relationship between Muslims and non-Muslims in immigrant-receiving countries. Souvent au sein des débats sur l'intégration des Musulmans dans des démocraties libérales de l'Ouest, l'Islam est traité comme un ou le seul enjeu dans la vie des fidèles. The Muslim Question in Canada examine l'Islam ou la compréhension de l'Islam chez les Musulmans comme un enjeu dépendent et aborde l'influence des forces socio-économiques sur les opinons des
Gongalo, Boris; Gudovicheva, Lubov; Gubareva, Anna; Dobrynina, Larisa
The issues of constructing high-rise, primarily residential, buildings have a great social significance. Not every plot of land, acquired in the Russian Federation is suitable for high-rise construction. Therefore, every construction company that plans to erect a multi-apartment building, a high-rise office building, or a skyscraper must take into account not only technical norms but as well sanitary legislation regulations that set obligatory requirements about insolation of apartments. The article includes a short study of several norms in the Russian legislation regarding insolation of dwellings; analises the problems of judicial interpretation of the statutory limitations. In this aspect it researches the debatable questions arising in practice of state arbitration courts dealing with the lawsuits on allocation of land-plots by the local administration. The analysis of the judicial practice is followed by description of the difficulties facing the developers of land-plots, concerning the project and territorial planning documentation.
Reichman, Jerome H
This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as "market exclusivity" and in Europe as "data exclusivity," these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers' undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers' clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers' consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the expense of public
Marson, James; Ferris, Katy
Marson & Ferris provide a thorough account of the subject for students. Essential topics are introduced by exploring current and pertinent examples and the relevance of the law in a business environment is considered throughout. This pack includes a supplement which considers the effects of the Consumer Rights Act 2015.