WorldWideScience

Sample records for case law

  1. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

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

  2. Case law

    International Nuclear Information System (INIS)

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

  3. Case law

    International Nuclear Information System (INIS)

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

  4. Case Law

    International Nuclear Information System (INIS)

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

  5. Case law

    International Nuclear Information System (INIS)

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

  6. Case law

    International Nuclear Information System (INIS)

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

  7. Case law

    International Nuclear Information System (INIS)

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

  8. Case law

    International Nuclear Information System (INIS)

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

  9. Case law

    International Nuclear Information System (INIS)

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

  10. Case law and administrative decisions

    International Nuclear Information System (INIS)

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

  11. Mass Communication Law; Cases and Comment.

    Science.gov (United States)

    Gillmor, Donald M.; Barron, Jerome A.

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

  12. The European Emissions Trading Scheme case law

    NARCIS (Netherlands)

    J.A.W. van Zeben

    2009-01-01

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

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

    OpenAIRE

    Andra Ghent

    2014-01-01

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

  14. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

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

  15. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    The TEXTBOOK is a collection of carefully selected directives, regulations, and judgments. Whether you are a student, a scholar, or a practitioner of law, this book is a supplemental tool in your work with European business law. It is recommended that you have this book within your reach when you...

  16. The case for pluralism in postnational law

    OpenAIRE

    Krisch, Nico

    2009-01-01

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

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

    NARCIS (Netherlands)

    Van Vooren, Bart; Wessel, Ramses A.

    2014-01-01

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

  18. ISSUES RAISED BY THE CASE LAW

    Directory of Open Access Journals (Sweden)

    Marta Claudia CLIZA

    2010-06-01

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

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

    Science.gov (United States)

    White, Hollie; Bordo, Miguel; Chen, Sean

    2015-01-01

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

  20. Laws and Stigma: the Case of Prostitution

    OpenAIRE

    Giovanni Immordino; Francesco Flaviano Russo

    2015-01-01

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

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

    Science.gov (United States)

    Daves, David P.; Walker, David W.

    2012-01-01

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

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

    Science.gov (United States)

    Kuo, Eric; Wieman, Carl E.

    2016-06-01

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

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

    OpenAIRE

    Yoshimura, Sadako

    1999-01-01

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

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

    Science.gov (United States)

    Kipnis, Nahum

    2009-01-01

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

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

    Science.gov (United States)

    Bascuñán R, Antonio

    2016-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Graham Butler

    2014-06-01

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

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

    Science.gov (United States)

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

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

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

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Šurlan Tijana

    2015-01-01

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

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

    OpenAIRE

    Morante Vallejo, Montse; Sanpera Izoard, Patrícia

    2013-01-01

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

  11. Aspects from European Court of Justice case-law on equal treatment as regards dismissal

    Directory of Open Access Journals (Sweden)

    Cătălina-Adriana IVĂNUŞ

    2013-12-01

    Full Text Available Equal treatment between women and men is a fundamental right, a general principle of EU law. In European Court of Justice case-law and in European law were treated different aspects of discrimination on grounds of sex. Principle of equal treatment between women and men applies to remuneration, access to employment, vocational training and promotion, and working conditions, but it is equally applied to dismissal. Among the issues covered by European law on equal treatment between women and men, in this article I will examine only the European Court of Justice case-law on dismissal.

  12. Law

    OpenAIRE

    Mathis, J.H.

    2012-01-01

    The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTO's annual World Trade Report for 2011, the theme of which is The WTO and Preferential Trade Agreements: From Co-Existence to Coherence.

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

    Directory of Open Access Journals (Sweden)

    Domingo Fernández Agis

    2006-12-01

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

  14. Cases and Materials on Women and the Law for GS 200: Introduction to Women's Studies.

    Science.gov (United States)

    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…

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

    NARCIS (Netherlands)

    D. Weber

    2013-01-01

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

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

    NARCIS (Netherlands)

    D. Weber

    2013-01-01

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

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

    Science.gov (United States)

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

    2016-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Patricio Rubio

    2013-12-01

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

  19. Role of the case law to ensure judicial power

    Directory of Open Access Journals (Sweden)

    Pesudovs A.

    2014-01-01

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

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

    CERN Document Server

    Broekens, Joost

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

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

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

    OpenAIRE

    Reid, Iain; Bamford, David

    2016-01-01

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

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

    Science.gov (United States)

    Landau, C. E.

    1984-01-01

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

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

    NARCIS (Netherlands)

    Giesen, Ivo

    2012-01-01

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

  5. Employment Discrimination in Higher Education--A Review of the Case Law from 2000.

    Science.gov (United States)

    Bodensteiner, Jill

    2002-01-01

    Reviews employment discrimination cases in higher education in 2000, which included an overwhelming number of retaliation and denial of promotion to tenure claims; case law also included age discrimination, religious discrimination, and sexual harassment issues, and a handful of wage discrimination cases. Courts also continued to explore the…

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

    DEFF Research Database (Denmark)

    Sadl, Urska; Panagis, Yannis

    2015-01-01

    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....... 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....

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

    Directory of Open Access Journals (Sweden)

    DR Hodas

    2013-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2012-05-01

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

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

    Science.gov (United States)

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

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Milivojević Sanja K.

    2002-01-01

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

  11. CASES OF INDIRECT EXPROPRIATION IN INTERNATIONAL ECONOMIC LAW

    Directory of Open Access Journals (Sweden)

    LAURA-CRISTIANA SPATARU-NEGURA

    2012-05-01

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

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

    Science.gov (United States)

    Harvard Law Review, 1976

    1976-01-01

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

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

    Science.gov (United States)

    Rozanov, Konstantin N.; Koledintseva, Marina Y.

    2016-02-01

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

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

    NARCIS (Netherlands)

    C. Mak

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Janis Wolak

    2015-07-01

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

  17. Inexpressive Law

    OpenAIRE

    Carbonara, Emanuela; Parisi, Francesco; von Wangenheim, Georg

    2010-01-01

    According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values. New laws, however, can run against sticky social norms, failing to achieve their expressive effects. By developing a dynamic model, in this paper we show that inexpressive laws (laws whose expressive fu...

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

    Directory of Open Access Journals (Sweden)

    Harvey Gresham Hudspeth

    2006-01-01

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

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

    NARCIS (Netherlands)

    J. Luzak

    2016-01-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    OpenAIRE

    Ispolinov A. S.

    2011-01-01

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

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

    NARCIS (Netherlands)

    Mansoor, Zeeshan

    2014-01-01

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

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

    OpenAIRE

    Kacaljak Matej

    2015-01-01

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

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

    OpenAIRE

    Miettinen, Marko; Hämäläinen, Mikko

    2010-01-01

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

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

    OpenAIRE

    2011-01-01

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

  7. The "Discrete Trials" of Applied Behavior Analysis for Children with Autism: Outcome-Related Factors in the Case Law

    Science.gov (United States)

    Choutka, Claire Maher; Doloughty, Patricia T.; Zirkel, Perry A.

    2004-01-01

    This study provides an analysis of case law concerning applied behavior analysis (ABA) for students with autism to determine outcome-related factors. The authors classified the 68 pertinent hearing/review officer and court decisions published in EHLR ("Education for Handicapped Law Report") and IDELR ("Individuals with Disabilities Education Law…

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

    NARCIS (Netherlands)

    S.A.C.M. Lavrijssen

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Herman Philipse

    2015-01-01

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

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

    CERN Document Server

    Milojević, Staša

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Jaroslav Kalina

    2011-07-01

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

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

    CERN Document Server

    International Labour Organization. Geneva

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

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

    OpenAIRE

    Kamaruzzaman Bustamam-Ahmad

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    MARIOS PAPALOUKAS

    2010-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Hammad, Hamza Abed Al-Karim

    2014-01-01

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

  17. Introducing competition principles into health care through EU law and policy: a case study of the Netherlands.

    Science.gov (United States)

    van de Gronden, Johan; Szyszczak, Erika

    2014-01-01

    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. PMID:24841529

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

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2007-06-01

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

  19. 29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

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

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

    Science.gov (United States)

    Morgan, R G

    1979-08-01

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

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

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Sebastián Machado Ramírez

    2014-04-01

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

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

    Institute of Scientific and Technical Information of China (English)

    王志亮

    2012-01-01

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

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

    NARCIS (Netherlands)

    Eleveld, Anja

    2012-01-01

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

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

    Science.gov (United States)

    Kimball, Bruce A.

    2006-01-01

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

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

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

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

    OpenAIRE

    Zoltan Imre Nagy; Viktor Valo

    2013-01-01

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

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

    OpenAIRE

    Floridia Antonio

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Lorena Bachmaier Winter

    2013-09-01

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

  11. Fundamental Rights and Humaneness in European Private Law : The Case of Health Care

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia; McCann, Adam; Ferreira, Nuno; Kostakopoulou, Theodora

    2015-01-01

    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 nin

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

    Directory of Open Access Journals (Sweden)

    César Higa

    2013-12-01

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

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

    Institute of Scientific and Technical Information of China (English)

    S R Elmi Hosseini

    2012-01-01

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

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

    NARCIS (Netherlands)

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

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Nancy G. Maxwell

    2008-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Owen McIntyre

    2011-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Seyed Mohammad Tabatabaei Nejad

    2015-05-01

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

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

    Science.gov (United States)

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

    2016-11-01

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

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

    Science.gov (United States)

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

    2008-01-01

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

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

    Science.gov (United States)

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

    2011-01-01

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

  2. A Zonal Similarity Analysis Of Friction Factors: Case Study 1: Pipe Flow Of Power Law Fluids

    CERN Document Server

    Trinh, Khanh Tuoc

    2010-01-01

    A zonal similarity analysis of friction factors in pipe flow of power law fluids is presented. It uses the critical Reynolds number and friction factor at transition as estimates of the normalised velocity and distance between the wall and log-law layers and successfully collapses both Newtonian and non-Newtonian data for laminar, transition and turbulent flows. Key words: zonal similarity analysis, friction factor, Reynolds number, transition

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

    OpenAIRE

    Hough, Barry

    1997-01-01

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

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

    OpenAIRE

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

    2010-01-01

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

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

    Science.gov (United States)

    Hoewe, Jennifer; Zeldes, Geri Alumit

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Bruno Funchal

    2008-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Saulius Lukas Kaleda

    2000-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

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

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

    OpenAIRE

    McIntyre, Owen

    2011-01-01

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

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

    OpenAIRE

    Geoff Pearson; Pearson, G

    2015-01-01

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

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

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2010-01-01

    The United Nations UNCITRAL Secretariat has established a system for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the Commission. The purpose of the system is to promote international...

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

    Directory of Open Access Journals (Sweden)

    Angela Pires Pinto

    2011-12-01

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

  13. Using Photographs to Probe Students' Understanding of Physical Concepts: The Case of Newton's 3rd Law

    Science.gov (United States)

    Eshach, Haim

    2010-08-01

    The starting point of the present research is the following question: since we live in an age that makes increasing use of visual representations of all sorts, is not the visual representation a learner constructs a window into his/her understanding of what is or is not being learned? Following this direction of inquiry, the present preliminary study introduces and evaluates a novel technique for pinpointing learners’ misconceptions, namely, one that has learners create and interpret their own photographs (CIP). 27 high-school students and 26 pre-service teacher trainees were asked to assume the role of textbook designers and create a display—photograph plus attached verbal explanation—which, in their opinion, best depicted Newton’s 3rd law. Subsequent analysis of the participants’ photographs yielded the following six misconception categories: 3rd law not depicted; 3rd law depicts a sequence of events; tendency to introduce irrelevant entities in explanations; the word ‘reaction’ used colloquially; tendency to restrict the application of the third law to dynamic situations; and informal explanations in which the word “force” is absent. The findings indicate that, indeed, the CIP method can be effectively employed to elicit, detect, and investigate learners’ misconceptions. The CIP method joins the growing efforts to utilize the yet relatively untapped potential of visual tools for science education purposes.

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

    Science.gov (United States)

    Bisschoff, Tom

    2009-01-01

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

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

    Science.gov (United States)

    Rousseau, Ronald

    1992-01-01

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

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

    CERN Document Server

    Pueyo, Salvador

    2013-01-01

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

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

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Michael Eburn

    2013-12-01

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

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

    Institute of Scientific and Technical Information of China (English)

    2013-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    2013-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    2005-01-01

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

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

    OpenAIRE

    Catherine Barnard; Simon Deakin; Richard Hobbs

    2004-01-01

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

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

    Science.gov (United States)

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

    2010-12-01

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

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

    OpenAIRE

    Chua, Lynette Janice

    2011-01-01

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

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

    OpenAIRE

    Malecka, Magdalena; LEPENIES, Robert

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    L. S. Kravchuk

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

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

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

    Directory of Open Access Journals (Sweden)

    NISSIM COHEN

    2012-07-01

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

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

    Science.gov (United States)

    Gierowski, Józef Krzysztof

    2012-01-01

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

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

    OpenAIRE

    Kahveci, Pelin

    2013-01-01

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

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

    Science.gov (United States)

    Plachta, M

    1994-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    张盈

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Anthony Papadopoulos

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

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

    Science.gov (United States)

    Terranova, Claudio; Rocca, Gabriele

    2016-01-01

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

  15. Law without Law

    OpenAIRE

    Sidharth, B. G.

    2007-01-01

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

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

    NARCIS (Netherlands)

    Bierkens, Ilona; Vlieks, Caia

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ratno Lukito

    2014-03-01

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

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

    Science.gov (United States)

    Roberts, Michael T

    2011-01-01

    Trust underpins the Chinese social system, and yet it is lacking from a Chinese food system that is riddled with safety disasters and disgruntled consumers. Government and industry play a major role in rehabilitating consumer trust in China. To this end, food safety and quality laws have been constructed to foster this process; however, safety scandals continue even in the face of stricter regulations and increased enforcement. A potential toll to abate food-safety problems and to build trust is the implementation of Corporate Social Responsibility ("CSR"). Mandates by the government promote CSR in enterprise activity, including Article 3 of the 2009 China Food Safety Law. Officials have also recently touted the need for "moral education" of operators in the food industry. Regardless of government activity or whether CSR is employed by food enterprises, it is imperative that the food industry recognizes how critical it is to establish trust with Chinese consumers, who increasingly expect safe, quality food. The case study with pistachios highlights this evolving consumer expectation and the principles of social responsibility in the framework of the relationship between government and industry and consumers, while demonstrating the benefits of doing the right thing for food companies doing business in China. PMID:24505855

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

    Science.gov (United States)

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

    2012-01-01

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

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

    Science.gov (United States)

    Roberts, Michael T

    2011-01-01

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

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

    Science.gov (United States)

    Cranmore, Jeff; Fossey, Richard

    2014-01-01

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

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

    Science.gov (United States)

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

    2015-01-01

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

  3. Business Law

    DEFF Research Database (Denmark)

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

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

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

    Directory of Open Access Journals (Sweden)

    Rosane Leal da Silva

    2011-12-01

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

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

    OpenAIRE

    Burbano Herrera, Clara; Haeck, Yves

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Bilotskiy Sergiy Dmitrovich

    2014-12-01

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

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

    OpenAIRE

    Gerkrath, Jörg

    2014-01-01

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

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

    NARCIS (Netherlands)

    B.N. Gibson

    2014-01-01

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

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

    Science.gov (United States)

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

    2016-09-01

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

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

    Science.gov (United States)

    Rabiu, Abdul-Rasheed; Sugand, Kapil

    2014-02-22

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

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

    Institute of Scientific and Technical Information of China (English)

    FENG Yan; HE Daming; LI Yungang

    2013-01-01

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

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

    OpenAIRE

    Kati Nieminen

    2015-01-01

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

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

    OpenAIRE

    Seyed Mohammad Tabatabaei Nejad

    2015-01-01

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

  14. Environmental law

    International Nuclear Information System (INIS)

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

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

    Institute of Scientific and Technical Information of China (English)

    孟庆华; 王法

    2014-01-01

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

  16. Criminal Law

    DEFF Research Database (Denmark)

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

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

  17. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

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

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

    Institute of Scientific and Technical Information of China (English)

    杨兴培; 郑旭江

    2014-01-01

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

  19. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Julie Ringelheim

    2006-12-01

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

  1. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

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

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

    Science.gov (United States)

    Duan, Ran; Ma, Xuan; Zhao, Huijiang

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

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

    Institute of Scientific and Technical Information of China (English)

    Wang; Kai; Li; Hao; Zhang; Qingfei

    2015-01-01

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

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

    OpenAIRE

    Chams-Eddine, LAMRI

    2014-01-01

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

  5. FEATURES OF THE UNWRITTEN SOURCES OF EUROPEAN UNION LAW

    OpenAIRE

    2013-01-01

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

  6. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

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

  7. Environmental law

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Saulius Lukas Kaleda

    2000-09-01

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

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

    Directory of Open Access Journals (Sweden)

    SH. M. Hum. TAUFIQURRAHMAN

    2013-12-01

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

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

    DEFF Research Database (Denmark)

    Bjorholm, Stine; Svenning, Jens-Christian; Skov, Flemming;

    2008-01-01

    Tobler's first law of geography, 'Everything is related to everything else, but near things are more related than distant things' also applies to biological systems as illustrated by a general and strong occurrence of geographic distance decay in ecological community similarity. Using American...... palms (Arecaceae) as an example, we assess the extent to which Tobler's first law applies to species richness and species composition, two fundamental aspects of ecological community structure. To shed light on the mechanisms driving distance decays in community structure, we also quantify the relative...

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

    Directory of Open Access Journals (Sweden)

    Diego Armando Yáñez Meza

    2013-06-01

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

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

    NARCIS (Netherlands)

    Mansoor, Zeeshan

    2014-01-01

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

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

    Science.gov (United States)

    Harvard Civil Rights Project, Cambridge, MA.

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

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

    Directory of Open Access Journals (Sweden)

    Megan Davis

    2014-05-01

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

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

    Science.gov (United States)

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

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

    OpenAIRE

    Johnson, Mathew A.; Zumbrun, Kevin

    2010-01-01

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

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

    Science.gov (United States)

    Lanning, Kenneth V.

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

  18. Limit laws for Zipf's law

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Anfray, Caroline

    2009-12-01

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

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

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Gillian Kerins

    2004-01-01

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

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

    OpenAIRE

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

    2014-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

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

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

    LENUS (Irish Health Repository)

    Sills, Eric Scott

    2009-01-01

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

  5. Environmental law

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Eadie, Chris; Favis-Mortlock, David

    2010-05-01

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

  7. Effect of a “pill mill” law on opioid prescribing and utilization: The case of Texas

    Science.gov (United States)

    Lyapustina, Tatyana; Rutkow, Lainie; Chang, Hsien-Yen; Daubresse, Matthew; Ramji, Alim F.; Faul, Mark; Stuart, Elizabeth A.; Alexander, G. Caleb

    2016-01-01

    Background 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. Methods 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. Results 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. Conclusions 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. PMID:26778760

  8. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

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

  9. Laws Editorial

    Directory of Open Access Journals (Sweden)

    Lawrence O. Gostin

    2011-05-01

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

  10. Does Inclusion Lead to More Successful Laws? : A Case Study of the Domestic Violence Act in Uganda

    OpenAIRE

    Blomdahl, Emma

    2016-01-01

    This thesis is based on a field study conducted in Uganda in the fall of 2015. The study is analyzing at the process behind the Domestic Violence Act, a law that came in to place in 2010, and try to scrutinize it by using the inclusive democracy theory of Iris Marion Young. In the study numerous interviews with several women’s organizations, as well as representatives for the Ministry of Gender, Labour and Social Development and local police officers are presented.   The study aims at getting...

  11. Whither the common law derivative action

    OpenAIRE

    Yap, JL

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ricardo de Lins e Horta

    2014-07-01

    Full Text Available Although empirical legal research in Brazil has existed since the 70’s, and the use of empirical methods has expanded sharply in the last years, the reasons underlying its relative scantiness have been matter of debate. Among these reasons would be the low level of scientific rigour, the isolation and the absence of institutional infrastructure. Assuming that the Projeto Pensando o Direito (Project Thinking the Law has been providing institutional support, financing and publicity to this kind of research, this paper aims to test the hypothesis that its 56 published research reports, covering the period between 2007 and 2012, show a relative increase in the use and diversity of empirical methods akin to those used in the social sciences. An increase in the number of approaches used in researches was found, as well as an expansion in the use of questionnaires and interviews. These findings suggest that legal research in Brazil is currently going through a process of spread of multi-method strategies and of a dialogue between Law and Social Sciences.

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

    Institute of Scientific and Technical Information of China (English)

    王开; 裴志花; 胡桂学; 杨春馥; 黄海龙; 张加力

    2013-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1992-09-01

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

  15. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

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

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

    Directory of Open Access Journals (Sweden)

    Gabriela Ribeiro Farinha

    2015-12-01

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

  17. The Law and Practice of Administrative Courts in Ethiopia: The Case of Addis Ababa City Administrative Tribunal

    Directory of Open Access Journals (Sweden)

    Abate Ayana

    2011-04-01

    Full Text Available Addis Ababa city administration established an administrative tribunal based on proclamation No. 6/2008. Thus, the city administrative tribunal would revise administrative measures taken by the concerned city offices. In other words, it hears and decides on appeals which are brought to it by the civil servants. The study which adopted the survey research design mainly through personal interview with court administrators revealed that the city administrative tribunal has performed its function in proper manner and base on the laws. Besides, it is observed that in rendering decision the tribunal carefully followed the laid down procedures. Speedy trial was also one quality of the administrative tribunal. It was therefore concluded that the administrative tribunal operated in a legal and procedural sound manner. Nevertheless, for enhanced productivity, professional trainings for the staff of Addis Ababa City Administrative Tribunal in particular and Administrative Courts in Ethiopia in general should be taken seriously.

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

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Johnson, Mathew A.; Zumbrun, Kevin

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Petrov, M.M.

    1993-12-31

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

  1. Health Law: Notifiable diseases

    Directory of Open Access Journals (Sweden)

    Gastón Casaux

    2014-07-01

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

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

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

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

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

    Science.gov (United States)

    Kaplan, Howard

    2013-01-01

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

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

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

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

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

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. PMID:25428910

  6. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

    by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

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

    OpenAIRE

    Bustos, Rafael

    2007-01-01

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

  8. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

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

  9. Evolution and the Law

    Science.gov (United States)

    Mayer, William V.

    1973-01-01

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

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

    Science.gov (United States)

    Domínguez Alonso, Patricia

    2012-01-01

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

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

    Science.gov (United States)

    Reichman, Jerome H

    2009-01-01

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

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

    Science.gov (United States)

    REICHMAN, JEROME H.

    2009-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    罗苟新

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Tomáš Gongol

    2013-02-01

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

  15. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

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

  17. Technical rules in law

    International Nuclear Information System (INIS)

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

  18. Around the circular law

    CERN Document Server

    Bordenave, Charles

    2011-01-01

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

  19. 南海仲裁案的国际法分析%International Law Analysis of the South China Sea Arbitration Case

    Institute of Scientific and Technical Information of China (English)

    郑海麟

    2016-01-01

    In the South China Sea arbitration case, Philippines attempts to use“exclusive economic zone”in the United Nations Convention on the Law of the Sea to deny China�s claim of historic rights in “Nine⁃dash Line” of the South China Sea, which no doubt is a violation of China�s territorial authority and its sov⁃ereignty. This is essentially posing challenge to the international law system after World War II by using the marine law system established in 1982, to achieve the purpose of redistribution of marine resources in the South China Sea. If reallocation of marine regional resources are carried out in this manner and“a new or⁃der of the ocean” established on this basis, then not only in the South China Sea, but the whole world will be reshuffled. The result is likely to lead to regional conflicts and even new world war.%在南海仲裁案中,菲律宾试图以《联合国海洋法公约》中“专属经济区”主权权利否定中国主张的南海“九段线”内的“历史性权利”,毫无疑问是对中国的属地权威及其主权权利的侵犯。这实质上是以1982年建立的海洋法制度挑战“二战”后的国际法条约体系,以求达到对南海区域海洋资源重新分配之目的。如按这种方式进行海洋区域资源的重新分配并以此为基准去建立海洋“新秩序”,那么不仅在南海,恐怕整个世界都要重新洗牌,其结果极有可能引发区域冲突甚至世界大战。

  20. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  1. The Law Of Environmental Preservation

    International Nuclear Information System (INIS)

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

  2. Recent publications on environmental law

    International Nuclear Information System (INIS)

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

  3. Recent publications on environmental law

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

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

  6. Fractal probability laws.

    Science.gov (United States)

    Eliazar, Iddo; Klafter, Joseph

    2008-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

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

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

    Science.gov (United States)

    Schoettle, Ferdinand P.

    1972-01-01

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

  9. Criminal law

    International Nuclear Information System (INIS)

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

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

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

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

  12. The generalized distributive law

    OpenAIRE

    Aji, Srinivas M.; McEliece, Robert J.

    2000-01-01

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

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

    Science.gov (United States)

    Reder, Margo E. K.

    2009-01-01

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

  14. Labour's law?

    OpenAIRE

    Jahn, Elke J.; Wagner, Thomas

    2001-01-01

    A cross section analysis of 23 OECD members shows that there is an „antagonistic” relationship between the legal protection of investor interests on the one hand and labour interests on the other: the stronger the legal protection of investor rights in a country, the less developed are the individual and collective rights of labour and vice versa. A main cause for a country's position with respect to this trade off is its type of legal system, specifically whether it belongs to the common law...

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

    Institute of Scientific and Technical Information of China (English)

    陈迎

    2012-01-01

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

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

    DEFF Research Database (Denmark)

    Gøtze, Michael; Olsen, Henrik Palmer

    2011-01-01

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

  17. School Law.

    Science.gov (United States)

    Splitt, David A.

    1987-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    杨文杰

    2016-01-01

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

  19. Law, Community and Ultima Ratio in Transnational Law

    OpenAIRE

    Massimo Fichera

    2013-01-01

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

  20. Comparing Ibâḍî and Sunnî law in Baṣra : the case of the zakât on cattle

    Directory of Open Access Journals (Sweden)

    Ersilia Francesca

    2014-07-01

    Full Text Available This paper intends to analyze the origins of Ibâḍî law in Baṣra and its relationship with Sunnî tradition during the early centuries of Islam. Some important questions will be examined, for example whether or not the Ibâḍî fiqh developed independently from the Sunnî legal tradition, what role the early Ibâḍî authorities played, or whether the role given to Jâbir b. Zayd in the formation of Ibâḍî fiqh should be accepted. My paper will focus on the case of the zakât on cattle. In the manuscript called Aqwâl Qatâda b. Di‘âma, we find a tradition which states that the zakât is due on cattle when a niṣâb (minimum amount of five animals is held, as for camels. This is the first account preserved in the Ibâḍî source on niṣâb al-baqar (the minimum quantity for cattle. According to the teachings of the Prophet to Mu‘âdh b. Jabal, Sunnî schools used to fix the niṣâb amount at 30 head of cattle, and the Shiʿî followed the same rule. My intention is to explain these discrepancies between Sunnî and Shiʿî school, on one hand, and the Ibâḍî legal tradition on the other hand.

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

    Directory of Open Access Journals (Sweden)

    Constantinos Kombos

    2005-12-01

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

  2. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

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

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

    Science.gov (United States)

    Swanson, Jeffrey

    2010-06-01

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

  4. Growth Equation with Conservation Law

    OpenAIRE

    Lauritsen, Kent Baekgaard

    1995-01-01

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

  5. THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

    OpenAIRE

    Lamya - Diana AL-KAWADRI

    2014-01-01

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

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

    OpenAIRE

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

    2008-01-01

    Abstract Background Tobler's first law of geography, 'Everything is related to everything else, but near things are more related than distant things' also applies to biological systems as illustrated by a general and strong occurrence of geographic distance decay in ecological community similarity. Using American palms (Arecaceae) as an example, we assess the extent to which Tobler's first law applies to species richness and species composition, two fundamental aspects of ecological community...

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

    OpenAIRE

    SH. M. Hum. TAUFIQURRAHMAN

    2013-01-01

    Regulatory on the Corporate Social Responsibility (CSR) by mandatory in Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company (hereafter the Company Law) raises a contradiction. Those who agree argue that the company is not solely for profit, but more than that are participating in social issues and the preservation of the environment within the framework of sustainable development. Conversely, those who disagree view that social issues and the environment ...

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

    Directory of Open Access Journals (Sweden)

    Norel NEAGU

    2012-11-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  10. Takeover laws and financial development

    OpenAIRE

    Nenova, Tatiana

    2006-01-01

    The issue of "an appropriate" legal framework, especially in the case of the takeover market, has been poorly studied in the case of emerging markets, yet it is of immediate relevance and practical policymaker interest. The study makes a first attempt to analyze takeover regulations in a comparative context across 50 countries. It proposes a methodology to create a detailed index on the most salient features of capital market laws, and illustrates the approach on the case of takeover legislat...

  11. Recent publications on environmental law

    International Nuclear Information System (INIS)

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

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

    Institute of Scientific and Technical Information of China (English)

    李爽

    2013-01-01

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

  13. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

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

  14. 25 CFR 11.500 - Law applicable to civil actions.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases,...

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

    OpenAIRE

    Maniruzzaman, Munir

    2014-01-01

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

  16. Law Enforcement Locations

    Data.gov (United States)

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

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

    Institute of Scientific and Technical Information of China (English)

    王静; 张立纳; 王金利

    2011-01-01

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

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

    Science.gov (United States)

    Nett, Bernhard

    2005-01-01

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

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

    Science.gov (United States)

    dos Santos, Renato Emerson Nascimento; Soeterik, Inti Maya

    2016-01-01

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

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

    Science.gov (United States)

    Cambon, Linda; Alla, François; Lombrail, Pierre

    2012-01-01

    The next public health law in France will need to address a number of issues. A?series of recent reports have highlighted both sharp disparities in health status ? with high rates of premature death and increasing social inequalities in health ? and the need to organize public health. The incoherence of public health policies, the lack of inter-ministerial coordination (a prerequisite for the reduction of health inequalities) and the lack of structure and evaluation in the area of prevention are major weaknesses that the new public health law will need to address. Beyond the inevitable core measures, the new law will also need to promote deep structural reforms, including a unified national policy refocused on key priorities and incorporating non-health sectors, the development of a more effective and coherent prevention policy and, finally, a focus on the issue of inequalities requiring clearly defined integrated measures, not only as a stated principle but as an outcome to be achieved by all health policies. The next public health law will need to be a vehicle for an inevitable and long overdue structuring of public health policy. PMID:23043699

  1. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

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

  2. Human Trafficking in Indonesia: Law Enforcement Problems

    Directory of Open Access Journals (Sweden)

    Nathalina Naibaho

    2011-01-01

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

  3. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally....... rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...

  4. On the Necessarily Public Character of Law

    OpenAIRE

    Walker, Neil

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Gerrit Ferreira

    2014-11-01

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

  6. A Venture in Constitutional Law.

    Science.gov (United States)

    Cole, W. Graham; Dillon, Dorothy H.

    1980-01-01

    Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

  7. The Subject Before the Law

    DEFF Research Database (Denmark)

    Simonsen, Karen-Margrethe

    2013-01-01

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

  8. What Does the Law Say?

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

    In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…

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

    OpenAIRE

    Ver Loren van Themaat, A. A. H.

    1994-01-01

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

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

    OpenAIRE

    Kornmann, Jan; Adolfsson, Marcus

    2010-01-01

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

  11. Environmental protection and international law: the case of nuclear energy; La protection de l'environnement et le droit international: cas de l'energie nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    Dagicour, F

    2002-03-15

    Given the very hazardous nature of its activity, the nuclear industry has often been considered to be without a future. Concerns over climate change and increasing international energy needs have, however, shone a new light on the positive aspects of nuclear energy. As the only clean, stable and inexpensive energy source, available, nuclear energy promises a constant supply of electricity while protecting the atmosphere. This new relationship between the environment and nuclear energy calls for an analysis of the international regulation of the risks posed by nuclear energy production. Since the beginning of the nuclear age, the long term, unknown, and large geographic scope of the risks and effects of this activity have led to the adoption of a set of normative rules outside of the scope of international environmental law. The norms that now regulate this new, ultra-hazardous activity resulted in a set of rules aimed at protecting the environment in the face of high risk activities that now form the heart of international environmental law. Unwilling relinquish national sovereignty, States adopted a system of non-binding regulation to protect the environment and promote the nuclear industry. The Chernobyl accident later pointed to the weakness of this approach. Despite this weakness, the adoption of a soft law approach has led to progress in environmental protection in an area where States have been loathe to give up their sovereignty. (author)

  12. Is There Any Evidence on the Existence of an Environmental Taxation Kuznets Curve? The Case of European Countries under Their Rule of Law Enforcement

    Directory of Open Access Journals (Sweden)

    Concetta Castiglione

    2014-10-01

    Full Text Available The paper gives new insights into the environmental taxation policy, demonstrating the existence of an inverse U-shaped relationship between environmental taxation and income in European countries. Our findings reveal this relationship to be influenced by enforcement of the rule of law, which contributes to shifting the turning point on the curve to lower income levels. We show that former transition economies have not reached the turning point due to weak institutions. To achieve the goal of sustainable development, the European Environment Agency’s Environmental Taxation Reform, proposing to shift taxation from “goods” to “bads”, should be accompanied by effective enforcement or the rule of law. The heterogeneity found between market-based and former transition European countries demonstrates the existence of problems at the EU-level in the coordination of environmental policies and enforcing the rule of law. In addition, the analysis of the determinants of environmental taxation points to the importance of factors related to consumption and production, governance, environmental quality, oil price shocks and the shift of environmental policy in European countries.

  13. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  14. AN UNPRECEDENTED LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

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

  15. Legal Thinking on the Case of the Letters or Petition Related with Law and Litigation%涉法涉诉信访案件处置的法律思考

    Institute of Scientific and Technical Information of China (English)

    林玫瑰

    2011-01-01

    如何在法律框架内妥善解决涉法涉诉信访问题,确保社会公正,维护法律权威,是当今亟待解决的课题。文章从法律的角度,分析了当前涉法涉诉信访案件增多的原因,探讨我国目前涉法涉诉信访案件处置机制存在的缺失,并结合实际重点提出了有效处置涉法涉诉信访案件的原则与现实路径。%The urgent issue needed to resolve is to properly resolve letters or petition related with law and litigation, ensure social justice and maintain the legal authority. This paper analyses the reason of the increased case from the legal point of view, discusses the mechanisms loss of the case and combined with the practical focus, puts forwards the principle and countermeasure to solve the the case of letters or petition related with law and litigation.

  16. 徒"法"不足以自行——从"张学英诉蒋伦芳遗赠纠纷案"看我国继承法、婚姻法相关制度的完善%Law Needs a Perfect Rule——From the Case of"Zhang Xueying vs. Jiang Lunfang";Noting the Improvements to Systems Related to China's Succession Law and Marriage Law

    Institute of Scientific and Technical Information of China (English)

    杨晋玲

    2015-01-01

    The article starts with a case that occurred years ago and articulates that our nation's Succession Law and Marriage Law, due to their excessive principle-orientation and thus lack of applicability, as well as the absence of relevant regulations, compel legal professionals to judge such category of cases with basic principles such as public order and fair customs doctrine. The differences of opinions on relevant issues between academics and practitioners of law often expose the court's judgments to challenges from various sides and forces undue burdens onto the court. Besides, public order and fair customs doctrine is a remarkably futile and extremely abstract concept, its essence changes with time, and thus results in the bipolar tendency of its application and effects. In order to cope with the stability of law, legal theory and practice mainly resolve the issue with either categorization or value complement. However, both solutions have imperfections in term of applicability: the approach of categorization necessitates long-term accumulation and summary of cases, while the approach of value complement suffers from excess of subjectivity and, in the context of the recent establishment of our nation's case-directive system and the excessive influence of the judge's quality and related factors onto legal practice, too much discretion of the judge is very likely to engender judiciary unfairness. Nothing could address this issue better than enhancing relevant legal systems and making it realistically possible for the judge to pass judgments in compliance with the law.%我国继承法与婚姻法由于立法规定过于原则而缺乏可操作性,加之相关规定的缺乏,使司法实务在遇到一些类型的纠纷时,只能依据公序良俗这类基本原则来判案.因理论界与实务界对相关问题认识的差异,导致法院判决经常受到各方质疑,法院承受了不应承受的重负. 而公序良俗原则尚属于一个相当不确定及高度

  17. A New Perspective on Teaching Constitutional Law

    Science.gov (United States)

    Rosenblum, Robert

    1977-01-01

    The author suggests that a major failure of most law schools and traditional undergraduate constitutional law courses is that they omit an adequate analysis of the political nature of the judicial process. Political influences on a variety of court cases are discussed. (LBH)

  18. Legal Currency in Special Education Law

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

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

  19. An Empirical Examination of Lotka's Law.

    Science.gov (United States)

    Pao, Miranda Lee

    1986-01-01

    Findings of empirical examination of author productivity data to determine conformity to Lotka's law indicate that: most data didn't fit inverse square function; two constants in Lotka's formulation (slope n, constant c) must be derived from observed distribution; inverse square law was special case of inverse exponential relationship. (37…

  20. Visually Handicapped People and the Law.

    Science.gov (United States)

    Bishop, V. E.

    1987-01-01

    The paper explores the definitional problems of visual handicaps, especially in terms of the legal definition of blindness. A brief history of relevant laws and a discussion of current case law precede a section providing suggestions for strengthening the legal position of the visually handicapped in future litigation. (Author/DB)

  1. Law System in Japan

    OpenAIRE

    Andreea Lorena Ponaru

    2007-01-01

    This article attempts to present and explain the main features of the japanese law system. Japanese Law system was reformed during the domination of Tokugawa shogun family. In 1870, Foreign Governmental Systems Study Office was founded. By judicial sentences many french laws were introduced in Japanese law system. Roma-Tokyo-Berlin Alliance (1936) introduced a strong German influence in the law system. The Japanese judicial system has known five periods. In the first (1869-1888) were introduc...

  2. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  3. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China’s draft Energy Law is now under consideration China’s draft Energy Law has been submitted to the State Council’s Legislative Affairs Office and will be considered at this year’s executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People’s Congress (NPC), China’s supreme law-making body, will vote on it.

  4. RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CONTINUUM THEORIES (Ⅳ)--SURFACE COUSERVATION LAWS

    Institute of Scientific and Technical Information of China (English)

    戴天民

    2003-01-01

    The purpose is to reestablish rather complete surface conservation laws for micropolar thermomechanical continua from the translation and the rotation invariances of the general balance law. The generalized energy-momentum and energy-moment of momentum tensors are presented. The concrete forms of surface conservation laws for micropolar thermomechanical continua are derived. The existing related results are naturally derived as special cases from the results proposed in this paper. The incomplete degrees of the existing surface conservation laws are clearly seen from the process of the deduction.The surface conservation laws for nonlocal micropolar thermomechanical continua may be easily obtained via localization.

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

    OpenAIRE

    Almeida, Susana

    2009-01-01

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

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

    OpenAIRE

    Sara Nikbakht; Mahmoud Ghayoumzadeh; Davoud Hosienzadeh; Behzad Shoghi

    2013-01-01

    This study was conducted with the aim to investigate the effect of imprisonment on the prisoners in the light of Gabriel Tarde's Three Laws in the prisons of Qom, Arak and Karaj cities in 2012. Statistical population of survey was consisted of prisoners in three cities of Arak, Qom and Karaj and in this regard 121 individuals were considered as the sample size by using the random sampling; among these individuals, 20 individuals were selected from prisoners in Qom, 33 from Arak and 68 from Ka...

  7. A Logical Model of Private International Law

    Science.gov (United States)

    Dung, Phan Minh; Sartor, Giovanni

    We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that this model may be useful for understanding this rather esoteric, but increasingly important, domain of the law. Moreover, it might be useful for modelling the way in which interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, can be governed without recourse to a central regulatory agency.

  8. Unification of Patrimonial Laws Governing International Trade

    DEFF Research Database (Denmark)

    Lando, Ole

    2016-01-01

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

  9. Corruption and legal certainty; the case of Albania and the Netherlands Implementation of the Criminal Law Convention on Corruption in a transitional and consolidated democracy

    Directory of Open Access Journals (Sweden)

    Idlir Peçi

    2010-01-01

    Full Text Available A discrepancy in corruption levels may be observed between Western European states and the post-communist states of Central and (South Eastern Europe. In order to find out whether this discrepancy corresponds with a discrepancy in legal provisions, we embarked upon a comparative exercise aimed at exploring the implementation of the Criminal Law Convention on Corruption in a consolidated Western European democracy (the Netherlands and a young South Eastern European democracy (Albania. Obviously, compliance with international conventions is highly important for addressing the worldwide and cross-border nature of corruption. Our paper focuses on the clarity and accessibility of the substantive criminal legislation concerning corruption from the point of view of legal certainty. We successively discuss the Criminal Law Convention on Corruption, the Albanian provisions on the passive bribery of public officials and the Dutch provisions on the passive bribery of public officials. It is concluded that a generally good legal framework seems to be in place in both countries and that the anti-corruption legislation is on the whole in line with the requirements of the Convention. Some problems may be observed in relation to legal certainty. However, it seems that the discrepancies in the legislation and the problems with legal certainty are relatively minor and therefore can hardly clarify the discrepancy in corruption levels.

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

    Directory of Open Access Journals (Sweden)

    Sara Nikbakht

    2013-07-01

    Full Text Available This study was conducted with the aim to investigate the effect of imprisonment on the prisoners in the light of Gabriel Tarde's Three Laws in the prisons of Qom, Arak and Karaj cities in 2012. Statistical population of survey was consisted of prisoners in three cities of Arak, Qom and Karaj and in this regard 121 individuals were considered as the sample size by using the random sampling; among these individuals, 20 individuals were selected from prisoners in Qom, 33 from Arak and 68 from Karaj. Data collection was based on the questionnaire. Reliability of questionnaire was obtained 0.89 by using Cronbach's alpha method for 22-question researcher-made questionnaire with five-point Likert scale; moreover the content validity was used in order to test the validity of questionnaire and for this propose the questionnaire was approved by relevant experts. Analysis of data, obtained from implementing the questionnaire, was done through the software Spss in both descriptive section (frequency, percentage frequency, mean, standard deviation and inferential section (Single-sample T-test and chi-square test. Results of research indicated that the Gabriel Tarde's laws have been effective in the field of adverse effects of imprisonment on the prisoners. Moreover, the results showed that the effect of imprisonment is not predictable in penal system in reducing the crime and also the outbreak of¬¬¬ crimes by the prisoners is higher.

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

    OpenAIRE

    Fábio Ulhoa Coelho

    2015-01-01

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

  12. Common Occupational Disability Tests and Case Law References: An Ontario MVA perspective on interpretation and best practice methodology supporting a holistic model, Part I of III (Pre-104 IRB).

    Science.gov (United States)

    Salmon, J Douglas; Gouws, Jacques J; Bachmann, Corina Anghel

    2016-05-01

    This three-part paper presents practical holistic models of determining impairment and occupational disability with respect to common "own occupation" and "any occupation" definitions. The models consider physical, emotional and cognitive impairments in unison, and draw upon case law support for empirically based functional assessment of secondary cognitive symptoms arising from psychological conditions, including chronic pain disorders. Case law is presented, primarily in the context of Ontario motor vehicle accident legislation, to demonstrate how triers of fact have addressed occupational disability in the context of chronic pain; and interpreted the "own occupation" and "any occupation" definitions. In interpreting the definitions of "own occupation" and "any occupation", courts have considered various concepts, such as: work as an integrated whole, competitive productivity, demonstrated job performance vs. employment, work adaptation relative to impairment stability, suitable work, retraining considerations, self-employment, and remuneration/socio-economic status. The first segment of the paper reviews the above concepts largely in the context of pre-104 Income Replacement Benefit (IRB) entitlement, while the second segment focuses on post-104 IRB entitlement. In the final segment, the paper presents a critical evaluation of computerized transferable skills analysis (TSAs) in the occupational disability context. By contrast, support is offered for the notion that (neuro) psychovocational assessments and situational work assessments should play a key role in "own occupation" disability determination, even where specific vocational rehabilitation/retraining recommendations are not requested by the referral source (e.g., insurer disability examination). PMID:27476246

  13. Common Occupational Disability Tests and Case Law References: An Ontario MVA perspective on interpretation and best practice methodology supporting a holistic model, Part I of III (Pre-104 IRB).

    Science.gov (United States)

    Salmon, J Douglas; Gouws, Jacques J; Bachmann, Corina Anghel

    2016-05-01

    This three-part paper presents practical holistic models of determining impairment and occupational disability with respect to common "own occupation" and "any occupation" definitions. The models consider physical, emotional and cognitive impairments in unison, and draw upon case law support for empirically based functional assessment of secondary cognitive symptoms arising from psychological conditions, including chronic pain disorders. Case law is presented, primarily in the context of Ontario motor vehicle accident legislation, to demonstrate how triers of fact have addressed occupational disability in the context of chronic pain; and interpreted the "own occupation" and "any occupation" definitions. In interpreting the definitions of "own occupation" and "any occupation", courts have considered various concepts, such as: work as an integrated whole, competitive productivity, demonstrated job performance vs. employment, work adaptation relative to impairment stability, suitable work, retraining considerations, self-employment, and remuneration/socio-economic status. The first segment of the paper reviews the above concepts largely in the context of pre-104 Income Replacement Benefit (IRB) entitlement, while the second segment focuses on post-104 IRB entitlement. In the final segment, the paper presents a critical evaluation of computerized transferable skills analysis (TSAs) in the occupational disability context. By contrast, support is offered for the notion that (neuro) psychovocational assessments and situational work assessments should play a key role in "own occupation" disability determination, even where specific vocational rehabilitation/retraining recommendations are not requested by the referral source (e.g., insurer disability examination).

  14. Feminism, law, and bioethics.

    Science.gov (United States)

    Rothenberg, K H

    1996-03-01

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

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

    OpenAIRE

    Gräslund, David

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Fábio Ulhoa Coelho

    2015-06-01

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

  17. Flow of Power-Law Liquids in a Hele-Shaw Cell Driven by Non-Uniform Electroosmotic Slip in the Case of Strong Depletion

    CERN Document Server

    Boyko, Evgeniy; Gat, Amir D

    2016-01-01

    We analyze flow of non-Newtonian fluids in a Hele-Shaw cell, subjected to spatially non-uniform electroosmotic slip. Motivated by their potential use for increasing the characteristic pressure fields, we specifically focus on power-law fluids with wall depletion properties. We derive a p-Poisson equation governing the pressure field, as well as a set of linearized equations representing its asymptotic approximation for weakly non-Newtonian behavior. To investigate the effect of non-Newtonian properties on the resulting fluidic pressure and velocity, we consider several configurations in one- and two-dimensions, and calculate both exact and approximate solutions. We show that the asymptotic approximation is in good agreement with exact solutions even for fluids with significant non-Newtonian behavior, allowing its use in the analysis and design of microfluidic systems involving electro-kinetic transport of such fluids.

  18. The interplay of public health law and industry self-regulation: the case of sugar-sweetened beverage sales in schools.

    Science.gov (United States)

    Mello, Michelle M; Pomeranz, Jennifer; Moran, Patricia

    2008-04-01

    It is increasingly recognized that sugar-sweetened beverage consumption contributes to childhood obesity. Most states have adopted laws that regulate the availability of sugar-sweetened beverages in school settings. However, such policies have encountered resistance from consumer and parent groups, as well as the beverage industry. The beverage industry's recent adoption of voluntary guidelines, which call for the curtailment of sugar-sweetened beverage sales in schools, raises the question, Is further policy intervention in this area needed, and if so, what form should it take? We examine the interplay of public and private regulation of sugar-sweetened beverage sales in schools, by drawing on a 50-state legal and regulatory analysis and a review of industry self-regulation initiatives.

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

    International Nuclear Information System (INIS)

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

  20. Factorisations of distributive laws

    OpenAIRE

    Kraehmer, Ulrich; Slevin, Paul

    2014-01-01

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

  1. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

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

  2. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The National People’s Congress(NPC)published China’s new draft Food Safety Law on April 20 for public discussion.The draft law covers food safety evaluation,monitoring, and recall and information release.

  3. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  4. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status. PMID:23262771

  5. Approaching comparative company law

    OpenAIRE

    Donald, David C.

    2008-01-01

    This paper identifies some common errors that occur in comparative law, offers some guidelines to help avoid such errors, and provides a framework for entering into studies of the company laws of three major jurisdictions. The first section illustrates why a conscious approach to comparative company law is useful. Part I discusses some of the problems that can arise in comparative law and offers a few points of caution that can be useful for practical, theoretical and legislative comparative ...

  6. Law of Demand

    OpenAIRE

    Michael Jerison; John K.-H. Quah

    2006-01-01

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

  7. Environmental protection law; Umweltschutzrecht

    Energy Technology Data Exchange (ETDEWEB)

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

    2008-07-01

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

  8. Behavioral Law and Economics

    OpenAIRE

    Christine Jolls

    2007-01-01

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

  9. Stochastic Conservation Laws?

    CERN Document Server

    Sidharth, B G

    1998-01-01

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

  10. The Constitutional Law Sessions

    Science.gov (United States)

    White, Daniel O.

    1972-01-01

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

  11. Contract law as fairness

    NARCIS (Netherlands)

    J. Klijnsma

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is par

  12. Henry's Law: A Retrospective

    Science.gov (United States)

    Rosenberg, Robert M.; Peticolas, Warner L.

    2004-01-01

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

  13. European tax law

    NARCIS (Netherlands)

    B.J.M. Terra; P.J. Wattel

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC T

  14. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  15. Law of Empires.

    Science.gov (United States)

    Martz, Carlton

    2001-01-01

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

  16. The Laws Are Yours.

    Science.gov (United States)

    Lawyers' Wives of Wisconsin, Racine.

    The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

  17. The right to be forgotten – private law enforcement

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric

    2016-01-01

    Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life exa

  18. European Law: Ending Discrimination against Girls in Education.

    Science.gov (United States)

    Rendel, Margherita

    1992-01-01

    Examines how the European Convention on Human Rights and its case law could combat sexist education and develop concepts of philosophical convictions, the European Community's duty, and children's rights. Considers feminist strategies for improving girls' education, English and European procedural laws, and difficulties of using English law. (RLC)

  19. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  20. Basic Law and Atomic Energy Law

    International Nuclear Information System (INIS)

    The author avails himself of the by now controversial jurisdiction on partial licences issued for nuclear power plants to argue relevant provisions of the Basic Law and to include facts which are related to the Basic Law. This is also necessary for reasons of social policy, since such a juridicial decision produces an effect which spreads far beyond the litigants. In a constitutional state that has to stand the test in the conflict arising between human rights and technical progress, the controversy on basic rights has to form a part of the trial and of the opinion. There are two sides to the rule of law: The citizen's obligation not to use violence, and his right to be strictly protected by the Basic Law. (HSCH)

  1. Henry's law constants of polyols

    OpenAIRE

    Compernolle, S.; J.-F. Müller

    2014-01-01

    Henry's law constants (HLC) are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. While deriving HLC and depending on the case, also infinite dilution activity coefficients (IDACs), solid state vapour pressures or activity coefficient ratios are obtained as intermediate results. An error analysis on the intermediate quantities and the obtained HLC is included....

  2. Henry's law constants of polyols

    OpenAIRE

    Compernolle, S.; J.-F. Müller

    2014-01-01

    Henry's law constants (HLC) are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. Depending on the case, infinite dilution activity coefficients (IDACs), solid state pressures or activity coefficient ratios are obtained as intermediary results. For most compounds, these are the first values reported, while others compare favourably with literature data in most ...

  3. Feynman rules for Gauss's law

    CERN Document Server

    Metaxas, Dimitrios

    2016-01-01

    I work on a set of Feynman rules that were derived in order to incorporate the constraint of Gauss's law in the perturbation expansion of gauge field theories. The constraint is implemented via a Lagrange multiplier field, which, in the case of the non-Abelian theory, develops a radiatively generated effective potential term and corresponding soliton solutions, whose relation to the confining properties of the theory is discussed.

  4. Feynman rules for Gauss's law

    OpenAIRE

    Metaxas, Dimitrios

    2016-01-01

    I work on a set of Feynman rules that were derived in order to incorporate the constraint of Gauss's law in the perturbation expansion of gauge field theories and calculate the interaction energy of two static sources. The constraint is implemented via a Lagrange multiplier field, $\\lambda$, which, in the case of the non-Abelian theory, develops a radiatively generated effective potential term. After analysing the constant and soliton solutions for $\\lambda$, the confining properties and the ...

  5. Imperialism and accountability in corporate law: the limitations of incorporation law as a regulatory mechanism

    OpenAIRE

    Foster, Nicholas HD; Ball, Jane

    2006-01-01

    This article discusses the limitations of the law incorporating a corporation (‘incorporation law’) as a control or governance mechanism in a world where it is increasingly difficult to prevent corporations choosing the incorporation law which suits them best. It uses as an example of the globalising pressures in this field three important cases on the right of establishment in the European Union.

  6. Revisiting Bakke and Diversity-Based Admissions: Constitutional Law, Social Science Research, and the University of Michigan Affirmative Action Cases. Briefing Paper.

    Science.gov (United States)

    Ancheta, Angelo N.

    This paper explains how upcoming U.S. Supreme Court decisions in Gratz v. Bollinger and Grutter v. Bollinger are expected to broadly affect the future of race-conscious affirmative action. In these cases, the Supreme Court addresses the constitutionality of admissions policies at the University of Michigan designed to promote educational diversity…

  7. On the Utilitarian and Impartial Nature of the Law of Voluntary Surrender under Arrest by A'yun Case%从阿云案谈宋朝按问自首法的功利性与公正性

    Institute of Scientific and Technical Information of China (English)

    彭乾

    2011-01-01

    People in Song Dynasty carried on the law of Tang Dynasty, they properly broadened the terms of voluntary surrender, and set further detailed regulations of the Law of Voluntary Surrender under Arrest. This demonstrated the tendency that the utilitarianism of law had gradually influenced the legislation of confession to justice, which has been manifested by the controversies over A' yun Case in Shenzong's age of Earlier Song Dynasty, and the legislative changes in the system of voluntary surrender. Therefore, as is the same with the other countries, ancient China was experiencing the process from absolute surrender to relative surrender. In this process, the basic reason why the utilitarianism and impartiality of law are going to merge in conflicts is that it is "outside the law", which is closely related to the then social environment, historical conditions, which was a need-based process.%宋代因袭唐律,在自首制度中适度放宽了自首条件,进一步详细规定了按问自首法,反映了法律功利性逐渐影响自首立法的趋势,北宋神宗朝围绕阿云一案展开的争论以及前后自首制的立法变化就是其中一个缩影。可见,中国古代社会正如与其他国家一样,都经历着从绝对自首走向相对自首的过程。在这个过程中,法律功利性与公正性在矛盾中走向融合,其根本原因在于“法外”,这与当时社会环境、历史条件密切相关,是为需而定。

  8. 从中国边民缅北伐木案看缅甸的法治%The Rule of Law in Myanmar:A Case Analysis of the Chinese Border Inhabitants Trailed due to Logging in Northern Myanmar

    Institute of Scientific and Technical Information of China (English)

    付文佚

    2016-01-01

    In the early of 2015, the military of Myanmar seized over 150 Chinese border inhabitants, charged them with illegal logging and sentenced with severe punishment. A few days later, the President announced amnesty and released them. The law of Myanmar has been least researched in the Asian laws. By analysis substantial and procedural rules of Myanmar, the conclusion could be drawn that arbitrary and political influence in the trial is ob-vious. Comparing on the elements of rule of law defined by the United Nations, specifically on the transparency, judicial independence, procedure justices and human rights protection, it could be found that Myanmar is far from the rule of the law. The domestic situation is highly sophisticated in Myanmar. Local minority arms have fired with the central army in the border areas. Life and property security will be in great uncertainty if Chinese border inhab-itants cross border areas, and hard to get remedy or fair trial. The lesson of this case should be learned by Chinese border inhabitants.%2015年初缅甸政府军以非法伐木为由抓获中国公民150余人并对之处以重刑,随后通过总统令进行赦免。通过对该案所涉实体与程序法律规定和法律适用的分析,本文发现该案审理随意性大,政治因素影响痕迹明显。根据联合国对法治的界定,本文深入研究缅甸法律的透明度、司法独立、程序公正和对基本人权的保护等因素,得出的结论是缅甸远远未达到法治国家的标准。缅甸国内局势异常复杂,边境地区的多个民族地方武装与缅甸政府军长期存在冲突。我国边民如非法跨越边境地区,人身和财产安全可能处于极大的不确定性中,并难以获得法律救济或公正司法,边民应以此案为鉴。

  9. Henry's law constants of polyols

    Directory of Open Access Journals (Sweden)

    S. Compernolle

    2014-05-01

    Full Text Available Henry's law constants (HLC are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. Depending on the case, infinite dilution activity coefficients (IDACs, solid state pressures or activity coefficient ratios are obtained as intermediary results. For most compounds, these are the first values reported, while others compare favourably with literature data in most cases. Using these values and those from a previous work (Compernolle and Müller, 2014, an assessment is made on the partitioning of polyols, diacids and hydroxy acids to droplet and aqueous aerosol.

  10. Teaching Method Reform of Labor Law Cases for Human Resources Management Major%人力资源管理专业劳动法案例教学方法的改革

    Institute of Scientific and Technical Information of China (English)

    孔令仙

    2014-01-01

    在劳动法教学方法改革中,案例教学法能够充分激发学生的学习兴趣,促进师生交流,培养学生的创新精神以及分析和解决问题的能力,在实践中被广泛应用。但目前的劳动法案例教学方法单一、弊端明显,不适应HR转型过程中用人单位对合格人才的需求。灵活运用多种教学法,实现教学方法的优化组合,充分发挥案例教学应有的作用,无疑是当代高校劳动法教学改革的重点。%In the teaching method reform of the labor law , case teaching method can fully arouse students'interest in learning ,promote the communication between teachers and students ,and cultivate the innovative spirit of students and the abilities to analyze and solve problems ,which have been widely used in practice .However ,the present teaching methods have no varieties and have lots of obvious disadvanta-ges ,which cannot adapt to the demand for qualified personnel during the process of HR transformation . Thus ,it has become a key of the teaching reform of labor law in universities to adopt a variety of flexible teaching methods ,optimize teaching methods ,and give full play to the role of case teaching .

  11. Judicial Respome on Major Sensitive Cases ——In the Perspective of Law and Economics%重大敏感案件的司法应对——以法经济学为视角

    Institute of Scientific and Technical Information of China (English)

    刘芬

    2012-01-01

    When the courts solve major sensitive cases, generally they will not accept the application, extend the completion time, make a division of application, offer judicial assistance and so on, which has led to the rising cost of the judiciary. Only through the establishment of the major sensitive cases disputesettling mechanism, the elasticity of the flexible use of law, establishing guidance case, the judicial resources can be saved and lawsuit efficiency can be improved.%法院在解决重大敏感案件时,一般会采取不予受理、延长审限、分案受理、司法救助等方法,却导致了司法成本的提高,只有建立重大敏感案件的多元纠纷解决机制,灵活运用法律的弹性,建立指导性案例,才能节约司法资源,提高诉讼效益。

  12. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  13. The Yearbook of Higher Education Law 1980.

    Science.gov (United States)

    Young, D. Parker, Ed.

    Seven experts in the law as it applies to postsecondary education have contributed six articles to this book-length discussion of relevant court cases decided in 1979. Topics addressed include governance and finance, property owned by educational institutions, tort liability cases affecting schools, litigation required in clarifying relations…

  14. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

    Zipf's law is just one out of many universal laws proposed to describe statistical regularities in language. Here we review and critically discuss how these laws can be statistically interpreted, fitted, and tested (falsified). The modern availability of large databases of written text allows for tests with an unprecedent statistical accuracy and also a characterization of the fluctuations around the typical behavior. We find that fluctuations are usually much larger than expected based on simplifying statistical assumptions (e.g., independence and lack of correlations between observations).These simplifications appear also in usual statistical tests so that the large fluctuations can be erroneously interpreted as a falsification of the law. Instead, here we argue that linguistic laws are only meaningful (falsifiable) if accompanied by a model for which the fluctuations can be computed (e.g., a generative model of the text). The large fluctuations we report show that the constraints imposed by linguistic laws...

  15. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  16. On Hack's Law

    Science.gov (United States)

    Rigon, Riccardo; Rodriguez-Iturbe, Ignacio; Maritan, Amos; Giacometti, Achille; Tarboton, David G.; Rinaldo, Andrea

    1996-11-01

    Hack's law is reviewed, emphasizing its implications for the elongation of river basins as well as its connections with their fractal characteristics. The relation between Hack's law and the internal structure of river basins is investigated experimentally through digital elevation models. It is found that Hack's exponent, elongation, and some relevant fractal characters are closely related. The self-affine character of basin boundaries is shown to be connected to the power law decay of the probability of total contributing areas at any link and to Hack's law. An explanation for Hack's law is derived from scaling arguments. From the results we suggest that a statistical framework referring to the scaling invariance of the entire basin structure should be used in the interpretation of Hack's law.

  17. Zipf's law, power laws, and maximum entropy

    CERN Document Server

    Visser, Matt

    2012-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines - from astronomy to demographics to economics to linguistics to zoology, and even warfare. A recent model of random group formation [RGF] attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present article I argue that the cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  18. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  19. The Law of Large Numbers for the Free Multiplicative Convolution

    DEFF Research Database (Denmark)

    Haagerup, Uffe; Møller, Søren

    2013-01-01

    In classical probability the law of large numbers for the multiplicative convolution follows directly from the law for the additive convolution. In free probability this is not the case. The free additive law was proved by D. Voiculescu in 1986 for probability measures with bounded support...... for the case of bounded support. In contrast to the classical multiplicative convolution case, the limit measure for the free multiplicative law of large numbers is not a Dirac measure, unless the original measure is a Dirac measure. We also show that the mean value of lnx is additive with respect to the free...

  20. Innovative Law Old Services: Application and Limitations in the Application of Restorative Justice in Italy: Description and Analysis of a Case Study

    Directory of Open Access Journals (Sweden)

    Antonio Iudici

    2013-09-01

    Full Text Available This study aims to present how restorative justice is applied in the context of the Italian legislature through a case study. In particular, the relationship between a judge of the Juvenile Court, the local Social Services and the drug addiction service is presented. After a brief presentation of the history of Italian juvenile justice and a comment on the current model of juvenile justice, a number of critical issues, organisational and technical, will be analysed. From this, the need to renew some local services will emerge, in relation to the cultural and judicial approach to minor offenders.

  1. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

    In this course we tried to shed some light on the most important issues of the environmental law: notion, subject, method, system and sources of environmental law, we revealed the context of government management in the field of the protection of environment, legal regulation of conducting environmental examination. The separate subjects determines legal regime of each environmental law objects: lands, water, mineral wealth, forests, air, flora and fauna, natural protection fund of Ukraine. ...

  2. The Functions of Law

    OpenAIRE

    Green, L

    1998-01-01

    We often think of law as fulfilling certain social functions; for instance, it is said to guide behaviour, maintain order, settle disputes, and provide benefits and services. In the social sciences, more general claims are also made that law stabilizes the dominant mode of production, promotes economic efficiency, secures patriarchy, and so on. 1 What do these claims mean, and what do they contribute to our understanding of law as a social institution? Those are the questions I want to explor...

  3. RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CONTINUUM THEORIES (Ⅹ)--MASTER BALANCE LAW

    Institute of Scientific and Technical Information of China (English)

    DAI Tian-min

    2006-01-01

    Through a comparison between the expressions of master balance laws and the conservation laws derived by Noether's theorem, a unified master balance law and six physically possible balance equations for micropolar continuum mechanics are naturally deduced. Among them, by extending the well-known conventional concept of energymomentum tensor, the rather general conservation laws and balance equations named after energy-momentum, energy-angular momentum and energy-energy are obtained. It is clear that the forms of the physical field quantities in the master balance law for the last three cases could not be assumed directly by perceiving through the intuition. Finally,some existing results are reduced immediately as special cases.

  4. Fundamental Laws and the Completeness of Physics

    OpenAIRE

    Spurrett, David Jon

    1999-01-01

    The status of fundamental laws is an important issue when deciding between the three broad ontological options of fundamentalism (of which the thesis that physics is complete is typically a sub-type), emergentism, and disorder or promiscuous realism. Cartwright’s assault on fundamental laws which argues that such laws do not, and cannot, typically state the facts, and hence cannot be used to support belief in a fundamental ontological order, is discussed in this context. A case is made in def...

  5. Law before Gratian

    DEFF Research Database (Denmark)

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

  6. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  7. Labour Law in Denmark

    DEFF Research Database (Denmark)

    Hasselbalch, Ole

    . Sources of Labour Law Chapter 6. International Private Labour Law – Conflicts of Law Selected Bibliography Part I. The Individual Employment Relation Chapter 1. Definitions and Concepts Chapter 2. Rights and Duties of the Parties during Employment Chapter 3. Working Time, Annual Holidays, Public Holidays....... Strikes, Lock-outs and Other Legal Forms of Industrial Action Chapter 6. Settlement of Industrial Disputes of Interest and Protection of Vital Needs Chapter 7. Disputes of Rights Introductory Remarks Part I. Implementation into National Law Chapter 1. Legal Sources Chapter 2. Objective and Scope Chapter 3...

  8. APPLICABLE LAW PRINCIPLES FOR MATRIMONIAL PROPERTY REGIMES

    OpenAIRE

    Andreea-Lorena CODREANU

    2014-01-01

    More and more often, marriages are concluded between people of different nationalities, which brings an extraneous dimension to the legal status and matrimonial property regime jurisdiction conflict. Many European states (among which Romania, through its new Civil Code) offer the advantage of clauses that could be used by any of the spouses, with regard to the applicable law. In case of divorce, consequences differ with the applicable law. Spouses who divorce and divide their assets based on ...

  9. Hack's law of debris-flow basins

    Institute of Scientific and Technical Information of China (English)

    LI Yong; YUE Z.Q.; LEE C.F.; BEIGHLEY R.E.; CHEN Xiao-Qing; HU Kai-Heng; CUI Peng

    2009-01-01

    Hack's law was originally derived from basin statistics for varied spatial scales and regions.The exponent value of the law has been shown to vary between 0.47 and 0.70,causing uncertainty in its application.This paper focuses on the emergence of Hack's law from debris-flow basins in China.Over 5,000 debris-flow basins in different regions of China with drainage areas less than 100km2 are included in this study.Basins in the different regions are found to present similar distributions.Hack's law is derived fi'om maximum probability and conditional distributions,suggesting that the law should describe some critical state of basin evolution.Results suggest the exponent value is approximately 0.5.Further analysis indicates that Hack's law is related to other scaling laws underlying the evolution of a basin and that the exponent is not dependent on basin shape but rather on the evolutionary stage.A case study of a well known debris-flow basin further confirms Hack's law and its implications in basin evolution.

  10. Science without laws.

    Science.gov (United States)

    Schweber, Silvan S

    2009-01-01

    During the 1970s, something deeply consequential happened in the cultural, economic, and social relationships between science and technology. Paul Forman has proposed that the abrupt reversal of the culturally ascribed primacy in the science-technology relationship circa 1980 be taken as a demarcation of postmodernity from modernity. Modernity's most basic cultural presuppositions-the superiority of theory to practice, the elevation of the public over the private and that of the disinterested over the interested, and the belief that the means sanctify the ends-were ascribed to science. In postmodernity, science is subsumed under technology, and the status of technology relative to science reflects our pragmatic-utilitarian subordination of means to ends. These cultural changes have resonated with deep epistemological and ontological changes within the sciences themselves, and all these have manifested themselves in universities becoming entrepreneurial, and the consequences thereof. Science Without Laws insightfully illustrates some of the changes within the life and human sciences by analyzing the role played by model systems and case studies.

  11. Thinking law: thinking law in motion

    Directory of Open Access Journals (Sweden)

    Laura Beth Nielsen

    2014-07-01

    Full Text Available This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1 multiple methodologies; (2 multiple perspectives; (3 multiple vocalities; and (4 multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can claim credit. And yet, the attempt to put them together in a comprehensive schema with consideration for all four of the multiplicities in the same project, demonstrates that a law in motion perspective can bear new fruit. To do this, my article combines analysis of some of the research in Law & Society that exemplifies these trends and my own research on employment civil rights litigation to interrogate the necessity of a “multiple” approach for our “multiple futures.”

  12. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and prac

  13. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  14. Law Bankruptcy Legislation Passed

    Institute of Scientific and Technical Information of China (English)

    WANG PEI

    2006-01-01

    @@ After a 12-year journey of legislation, China's new corporate bankruptcy law - Law of the People's Republic of China on Enterprise Bankruptcy - was finally passed in late August. It will take effect from June 2007 and will put an end to policy bankruptcy for State-owned enterprises (SOEs) at the end of 2008.

  15. Lotka's Law Revisited.

    Science.gov (United States)

    Potter, William Gray

    1981-01-01

    Discusses the literature that has become associated with Lotka's Law of Scientific Productivity (a general theoretical estimate of author productivity in the sciences) and attempts to identify the important factors of Lotka's original methodology that should be considered when attempting to test applicability of Lotka's Law. Forty-seven references…

  16. Information Law and Copyright.

    Science.gov (United States)

    Marx, Peter A.

    1986-01-01

    Because of information law's inability to keep up with rapid changes in information technology and impreciseness of the law, copyrighting of databases poses unique problems. Interpretation of fair use doctrine, privately owned computer "downloading," impact of federal electronic filing, and questions concerning information businesses need to be…

  17. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

  18. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  19. Teaching Information Technology Law

    Science.gov (United States)

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  20. Women and Law

    Institute of Scientific and Technical Information of China (English)

    1997-01-01

    WOMEN’S rights concern the world over. Even though China has a different legal tradition and social system, participants from the Beijing Sino-British Women and Law Symposium discovered that both Chinese and foreign scholars could reach agreement and understanding on many issues. Enacting Laws for Women Professor Yang Dawen, from the

  1. F-rough law and the discovery of rough law

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

    By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

  2. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  3. International resources law

    Energy Technology Data Exchange (ETDEWEB)

    1991-01-01

    This book covers: Historical origins of civil code legal systems; Modern civil law practice for mineral lawyers; Treaties and agreements for protection of international investments; Europe 1992-toward a single energy market; Dispute resolution in international agreements; Assessment of political risk; Reducing political risk; Protecting mineral investments from upheaval in developing countries; Typical world petroleum arrangements; government take in the Pacific Rim - Papua New Guinea; Mineral base of the USSR and prospects of investment; International taxation for the mining practitioner; Tax considerations - branch versus subsidiary; Doing business in the host country - nontax considerations; Impact of host-country laws on operations and profits; Mineral development and native rights - New Zealand; Designing the investment vehicle: mining; International oil and gas joint ventures; Selected U.S. laws with extraterritorial effect; U.S. tax and securities laws applied to foreign joint venturers; and Extraterritorial effect of U.S. laws.

  4. Laws of nature

    CERN Document Server

    Mittelstaedt, Peter

    2005-01-01

    The book is concerned with the laws of nature and in particular with the laws of physics. The authors discuss three important questions: First, whether the observed regularities are based on strict "laws of nature" that hold rigorously and without any exception. Second, what we call a "law of nature" is studied by comparing this concept with invariance principles, causality principles, teleological principles and means of predicting future events. Finally, on the basis of these investigations the authors treat the ambitious and intricate third question, why the laws of nature hold. Are there rational reasons for this largely unexplained phenomenon? This book addresses students as well as researchers. It will be an excellent reference for those interested in the philosophical foundations of the natural sciences.

  5. The impact of EU law on Belgian consumer law terminology

    NARCIS (Netherlands)

    Cauffman, C.

    2012-01-01

    The implementation of EU directives in the field of consumer law distorted the Belgian legal terminology. In particular, consumer law terminology often differs from civil law terminology. The meaning of traditional civil law concepts is no longer respected in the field of consumer law. Moreover, the

  6. The Texas Advanced Directive Law: Unfinished Business.

    Science.gov (United States)

    Kapottos, Michael; Youngner, Stuart

    2015-01-01

    The Texas Advance Directive Act allows physicians and hospitals to overrule patient or family requests for futile care. Purposefully not defining futility, the law leaves its determination in specific cases to an institutional process. While the law has received several criticisms, it does seem to work constructively in the cases that come to the review process. We introduce a new criticism: While the law has been justified by an appeal to professional values such as avoiding harm to patients, avoiding the provision of unseemly care, and good stewardship of medical resources, it is applied incompletely. It allows physicians and institutional committees to refuse "futile" treatments desired by patients and families while at the same time providing no way of regulating physicians who recommend or even push "futile" treatments in similar cases. In this sense, the TADA is incomplete on its own terms.

  7. LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

    OpenAIRE

    Ciongaru, Emilian

    2014-01-01

    Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests wi...

  8. Nano Regulation in Austria (II): Workplace Safety, Industrial Law and Environmental Law (NanoTrust Dossier No. 019en – January 2011)

    OpenAIRE

    Gazsó, André; Eisenberger, Iris; Nentwich, Michael; Simkó, Myrtill; Fiedeler, Ulrich

    2011-01-01

    This dossier focuses on workplace safety, industrial law as well as on environmental law (water, air, soil, waste). These fields of law are likewise influenced by EU law and are very complex due to their interlocking with Austrian law. Discussion and conclusion refer to both dossiers on nano-regulation in Austria. They tentatively conclude that current legislation covers in principle nanotechnologies, especially in those cases where nano materials / nano products endanger legal interests. Exi...

  9. Chemical Laws, Idealization and Approximation

    Science.gov (United States)

    Tobin, Emma

    2013-01-01

    This paper examines the notion of laws in chemistry. Vihalemm ("Found Chem" 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all "ceteris paribus" laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are…

  10. 28 CFR 68.52 - Final order of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge may allow, the Administrative Law Judge may require the parties to file proposed... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Final order of the Administrative Law... AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES...

  11. Article 6 ECHR, Civil Rights and the Enduring Role of the Common Law

    OpenAIRE

    Anthony, Gordon

    2013-01-01

    This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - somethi...

  12. Ceteris Paribus Laws and Minutis Rectis Laws

    OpenAIRE

    Fenton-Glynn, L.

    2016-01-01

    Special science generalizations admit of exceptions. Among the class of non-exceptionless special sciencegeneralizations, I distinguish (what I will call) minutis rectis (mr) generalizations from the more familiarcategory of ceteris paribus (cp) generalizations. I argue that the challenges involved in showing that mrgeneralizations can play the law role are underappreciated, and quite different from those involved inshowing that cp generalizations can do so. I outline a strategy for meeting t...

  13. Why Law, Economics and Organization

    OpenAIRE

    Oliver E. Williamson

    2005-01-01

    It being the case that law and economics is a success story, what are the reasons to call upon organization? Three related reasons are advanced here. First, the orthodox theory of the firm-as-production function is self-limiting and needs, for some purposes, to be joined with the theory of the firm-as-governance structure. Organization theory makes essential contributions to that project. Second, such a move has lessons for public policy analysis. Earlier and ongoing errors in antitrust and ...

  14. Anomalous law of cooling

    Science.gov (United States)

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  15. Anomalous law of cooling

    International Nuclear Information System (INIS)

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton’s law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics

  16. Retrospectives: Say's Law

    OpenAIRE

    Baumol, William J.

    1999-01-01

    What is perhaps most curious about 'Say's law' is the continuing disagreement on its substance and to whom it should be credited. John Maynard Keynes summarized the law as 'supply creates its own demand' but it is now generally agreed that Keynes did not get it quite right. The author has been unable to ascertain who coined the term 'Say's law' but it appears to be a twentieth century appellation, preceding Keynes's use. John-Baptiste Say was certainly among the earlier writers to discuss the...

  17. Anomalous law of cooling

    Energy Technology Data Exchange (ETDEWEB)

    Lapas, Luciano C., E-mail: luciano.lapas@unila.edu.br [Universidade Federal da Integração Latino-Americana, Caixa Postal 2067, 85867-970 Foz do Iguaçu, Paraná (Brazil); Ferreira, Rogelma M. S., E-mail: rogelma.maria@gmail.com [Centro de Ciências Exatas e Tecnológicas, Universidade Federal do Recôncavo da Bahia, 44380-000 Cruz das Almas, Bahia (Brazil); Rubí, J. Miguel, E-mail: mrubi@ub.edu [Departament de Física Fonamental, Facultat de Física, Universitat de Barcelona, Av. Diagonal 647, 08028 Barcelona (Spain); Oliveira, Fernando A., E-mail: fernando.oliveira@pq.cnpq.br [Instituto de Física and Centro Internacional de Física da Matéria Condensada, Universidade de Brasília, Caixa Postal 04513, 70919-970 Brasília, Distrito Federal (Brazil)

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton’s law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  18. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  19. The Virtual Court Action: procedural facilitation in law

    Directory of Open Access Journals (Sweden)

    Karen Barton

    1998-12-01

    Full Text Available When they learn procedural law, students need to understand and memorize the forms of legal court action which can be carried out by parties to a case. A large proportion of this body of law is descriptive and factual, but complex too; and the constraints of academic curricula do not allow students to learn procedural law in the real environment of the court. As a result, even with the inclusion of case law, and with examples to contextualize the procedural principles, the subject can be perceived as an exercise in knowledge acquisition alone (Vaughn, 1995.

  20. A general law for electromagnetic induction

    CERN Document Server

    Giuliani, Giuseppe

    2015-01-01

    The definition of the induced $emf$ as the integral over a closed loop of the Lorentz force acting on a unit positive charge leads immediately to a general law for electromagnetic induction phenomena. The general law is applied to three significant cases: moving bar, Faraday's and Corbino's disc. This last application illustrates the contribution of the drift velocity of the charges to the induced $emf$: the magneto-resistance effect is obtained without using microscopic models of electrical conduction. Maxwell wrote down `general equations of electromotive intensity' that, integrated over a closed loop, yield the general law for electromagnetic induction, if the velocity appearing in them is correctly interpreted. The flux of the magnetic field through an arbitrary surface that have the circuit as contour {\\em is not the cause} of the induced $emf$. The flux rule must be considered as a calculation shortcut for predicting the value of the induced $emf$ when the circuit is filiform. Finally, the general law o...

  1. F-generation law and recognition of system law

    Institute of Scientific and Technical Information of China (English)

    Shi Kaiquan; Yao Bingxue

    2007-01-01

    If a system is not disturbed (or invaded) by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

  2. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    Directory of Open Access Journals (Sweden)

    Radu-Daniel LOGHIN

    2014-06-01

    Full Text Available In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which draws from case law precedents in Zimbabwe and South Africa, two emerging common law countries which share a rich common law heritage, resulting in a set of findings relevant to the understanding of the nature of goodwill as well as an understanding of the factors which lead to early adoption of International Accounting Standards.

  3. Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

    Science.gov (United States)

    Buschauer, Robert

    2013-12-01

    The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof.2 Advanced texts often present it either without proof or as a special case of a complicated mathematical formalism.3 Either way, little or no physical insight is provided to the student regarding the underlying physics. This paper presents a novel, basic, and transparent derivation of the Biot-Savart law for a point charge based only on Maxwell's displacement current term in Ampere's law. This derivation can serve many pedagogical purposes. For example, it can be used as lecture material at any academic level to obtain the Biot-Savart law for a point charge from simple principles. It can also serve as a practical example of the important fact that a changing electric flux produces a magnetic field.

  4. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

    Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  5. Medical innovation laws: an unnecessary innovation.

    Science.gov (United States)

    Richards, Bernadette

    2016-06-01

    Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at 'encouraging' and 'supporting' innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter - negligence and the expected standard of care in the provision of treatment - is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position

  6. Causal Newton Gravity Law

    CERN Document Server

    Zinoviev, Yury M

    2012-01-01

    The equations of the relativistic causal Newton gravity law for the planets of the solar system are studied in the approximation when the Sun rests at the coordinates origin and the planets do not iteract between each other.

  7. Law Enforcement Plan

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — The Union Slough National Wildlife Refuge Law Enforcement Plan clarifies U.S. Fish and Wildlife enforcement policies as they apply to the Refuge. It provides...

  8. Law and technology

    International Nuclear Information System (INIS)

    The book presents the lectures and discussions of a symposium held in November 1984. The main themes of the lectures deal with the legal regulations for technological subjects, and their effects on the economy and society. Some papers discuss the legal provisions of this kind within the German law system, summarizing the regulations in force, and critically evaluating their efficiency. Others investigate the potentials and constraints of efforts towards harmonizing the variety of indefinite legal terms or concepts in the legal regulations of technological safety, and the problems created by such indefinite legal concepts with regard to constitutional law and legislation, or application of the law. Another main subject is the question of how technical safety regulations can be made more concrete, or the European law and its relevant regulations concerning technological subjects. Separate subject analyses of four papers have been made for the database. (HSCH)

  9. The "Natural Law Tradition."

    Science.gov (United States)

    Finnis, John

    1986-01-01

    A discussion of natural law outlines some of the theory and tradition surrounding it and examines its relationship to the social science and legal curriculum and to the teaching of jurisprudence. (MSE)

  10. Teaching Criminal Law.

    Science.gov (United States)

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  11. Law And Economics In Germany

    OpenAIRE

    Kirstein, Roland

    1997-01-01

    Law and economics in Germany was dominated by regulation, competition, and ?German Ordnungspolitik? until the early 1970s. Since then, German scholars have published a broad body of work in German and in the English language, covering fields like contract law, environmental law, labor law, public law, bankruptcy law, constitutional economics and legal procedure. Also in the 1970s, teaching activities were started at German universities. In addition to this, several (bi)annual conferences on l...

  12. Law and individuality

    OpenAIRE

    D.F.M. Strauss

    2007-01-01

    The main contours of the history of philosophical and scientific conceptions of law and individuality are portrayed. This includes an account of perspectives and views found in ancient Greece, the Graeco-Roman world, the medieval speculation and, via the Renaissance, in early modern developments that were continued in the Enlightenment era, in Romanticism and historicism, and were eventually manifested in the linguistic turn. What is important for a proper understanding of modern law concepti...

  13. Artificial Inteligence and Law

    OpenAIRE

    Fuková, Kateřina

    2012-01-01

    Submitted diploma work Artificial Intelligence and Law deals with the rule of law and its position in the process of new advanced technologies in computer cybernetics and further scientific disciplines related with artificial intelligence and its creation. The first part of the work introduces the history of the first imagines about artificial intelligence and concerns with its birth. This chapter presents main theoretical knowledge and hypotheses defined artificial intelligence and progre...

  14. Free Bessel laws

    OpenAIRE

    Banica, Teodor; Belinschi, Serban; Capitaine, Mireille; Collins, Benoit

    2007-01-01

    We introduce and study a remarkable family of real probability measures $\\pi_{st}$, that we call free Bessel laws. These are related to the free Poisson law $\\pi$ via the formulae $\\pi_{s1}=\\pi^{\\boxtimes s}$ and $\\pi_{1t}=\\pi^{\\boxplus t}$. Our study includes: definition and basic properties, analytic aspects (supports, atoms, densities), combinatorial aspects (functional transforms, moments, partitions), and a discussion of the relation with random matrices and quantum groups.

  15. Conventional Constitutional Law

    OpenAIRE

    2015-01-01

    Judges share conventional understandings about what the Constitution requires, both of themselves and of other constitutional actors. These informal conventions lead to formal decisions, which are then centrally enforced by the state in the same manner as all other judicial decisions. This recognition of conventional constitutional law has three critical implications for our understanding, critique and reform of constitutional law. First, it is unlikely that judges will refer e...

  16. Anomalous law of cooling

    OpenAIRE

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Oliveira, Fernando A.; Rubí, J. Miguel

    2014-01-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergo a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature ma...

  17. The rule of law

    OpenAIRE

    Besnik Murati; Elmi Morina

    2015-01-01

    The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment...

  18. Environmental Law Survey 2013

    OpenAIRE

    2014-01-01

    Within the EGP Project “The Capacity Building of Environmental Justice and Guarding Environmental Rights in Western China”, the scholars of the University of Bologna, partner of the China University of Political Science and Law (CUPL) and its Center for Legal Assistance to Pollution Victims (CLAPV), have worked on an Environmental Law Survey so as to provide to the interested public –in particular, Chinese judges, lawyers, academics, and civil society as a whole – with the most interesting an...

  19. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  20. Evolución jurisprudencial de la protección ante el discurso del odio en España en la última década || Hate Speech in Spain: the Case Law Evolution of the Last Decade

    Directory of Open Access Journals (Sweden)

    Andrés Gascón Cuenca

    2012-12-01

    Full Text Available RESUMEN. El discurso de odio es un problema que en los últimos años está adquiriendo un alta relevancia, tanto en el plano internacional, como en el nacional. El aumento de la utilización de la libertad de expresión con el objetivo de legitimar la provocación a la xenofobia, en particular, en contra de minorías sociales, es una actitud que está poniendo en peligro la cohesión social de las sociedades actuales. Es por esto que aquí se estudia la jurisprudencia que diversos órganos han dictado en España, con el objetivo de observar cuál ha sido su evolución durante la última década. ABSTRACT. Hate Speech is an increasing problem that, in the last decade, is acquiring a special relevance, at both the international and the national level. The increase of the utilization of the freedom of expression in order to legitimize hatred advocacy, particularly, against minorities, is a behavior that is jeopardizing the social cohesion of our societies. The objective of this piece of research is to study the Spanish case law in the last decade in this field, in order to kwon how is it developed.

  1. GENERAL PRINCIPLES OF LAW

    Directory of Open Access Journals (Sweden)

    Elena ANGHEL

    2016-05-01

    Full Text Available According to Professor Djuvara “law can be a science, and legal knowledge can also become science when, referring to a number as large as possible of acts of those covered by law, sorts and connects them by their essential characters upon legal concepts or principles which are universally valid, just like the laws of nature”. The general principles of law take a privileged place in the positive legal order and represent the foundation of any legal construction. The essence of the legal principles resides in their generality. In respect of the term “general”, Franck Moderne raised the question on the degree of generality used in order to define a principle as being general – at the level of an institution, of a branch of the law or at the level of the entire legal order. The purpose of this study is to find out the characteristics of law principles. In our opinion, four characteristics can be mentioned.

  2. 磨损套管爆破强度应力应变分布规律研究%Research on the Stress-strain Distribution Law of the Bursting Strength of Worn Casing

    Institute of Scientific and Technical Information of China (English)

    冯进; 李东海; 邓曦; 钟静

    2012-01-01

    套管磨损后,其壁厚大大减薄,抗内压爆破能力大大下降,从而会造成大量的钻井事故或油气井早期报废。利用有限元分析软件,研究了有水泥环和无水泥环磨损套管模型爆破压力下的应力应变分布规律。研究结果表明,在逐渐加载至爆破压力的过程中,应变与加载内压的关系会由线性变为非线性;爆破压力下,磨损套管内外壁面的应力分布曲线在周向20°位置存在一个明显的转折点;套管外表面周向20~140°段径向位移会随着磨损量的增大而减小。%The inner wall of casing will get thinned remarkably after wearing, which will greatly weaken its capacity of resistance to internal pressure and bursting and thus cause many drilling accidents and early abandonment of oil-gas wells. The finite element analysis software was adopted to study the stress-strain distribution law of the worn casing model with and without cement sheath under bursting pressure. The analysis shows that the relation be- tween strain and loaded internal pressure will change from linear to non-linear in the process of gradual loading to bursting pressure. Under bursting pressure there is an obvious turning point with the stress distribution curve of the internal and external wall surfaces of worn casing at the position of the circumferential angle 20°. The radial displacement in the section of the casing external wall surface between the circumferential angles 20° and 140° will decrease with the increase of abrasion value.

  3. 涉法涉诉信访案件的成因与对策研究%Research on the Cause and Countermeasure of Petition Cases Related to Law and Litigation

    Institute of Scientific and Technical Information of China (English)

    袁建伟

    2014-01-01

    Petition cases related to law and litigation refer to the petition cases which are handled by the people's court, people's procurator ate, police and ministry of justice. Now, the situation of petition work is stern which was caused by the interacting complicated kinds of interests and lack of institutional succors as well as the decline in justice credibility and the weakness of monocracy idea and safeguard skills. The way handling the situation is innovating the management idea and ad-dressing both the symptoms and root cause which includes carrying forward the course of monocracy, improving the monocracy circumstance, modeling justice fairness and justice authority and promoting the level of administration.%涉法涉诉信访案件是指依法属于人民法院、人民检察院、公安部门和司法行政部门处理的信访案件。现阶段涉法涉诉信访工作形势严峻,究其原因主要有两个方面:一是转型期各类利益冲突相互交织、制度性救济手段缺乏;二是执法公信力下降、当事人的法治观念与维权能力的薄弱等。对此,要创新管理理念,标本兼治,坚定不移地推进法治进程,改善法治环境,实现司法公正,树立司法权威,不断完善司法救助制度,提升政府管理水平。

  4. THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Lamya - Diana AL-KAWADRI

    2014-06-01

    Full Text Available This study aims to analyze the case law of the ECJ and ECHR on the nature of administrative sanctions and their relation to criminal law. Also, some important criteria used by different Member States in their own legal systems in differentiating between criminal and administrative sanctions are presented. As it will be shown in this study, in establishing the difference between administrative and criminal offence sanctions, the case law of both the European Court of Human Rights and the Court of Justice of the European Union offer an indirect definition of criminal offence through its penalty. Thus, a certain behavior, if sanctioned in a procedure that could be labeled as ‘criminal procedure’, is necessarily a criminal offence.

  5. Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies

    OpenAIRE

    Baumberg, Ben; Anderson, Peter

    2008-01-01

    Many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the ‘juridification’ of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of ‘negative integration’ (the removal of trade-distorting ...

  6. Henry's law constants of polyols

    Science.gov (United States)

    Compernolle, S.; Müller, J.-F.

    2014-12-01

    Henry's law constants (HLC) are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. While deriving HLC and depending on the case, also infinite dilution activity coefficients (IDACs), solid state vapour pressures or activity coefficient ratios are obtained as intermediate results. An error analysis on the intermediate quantities and the obtained HLC is included. For most compounds, these are the first values reported, while others compare favourably with literature data in most cases. Using these values and those from a previous work (Compernolle and Müller, 2014), an assessment is made on the partitioning of polyols, diacids and hydroxy acids to droplet and aqueous aerosol.

  7. 论铁路客运关系的公私法竞合属性——以曹大和案为例%An Analysis of the Cooper-competition Nature between Public Law and Private Law of Railway-passenger Relationship: A Case Study of Cao Dahe

    Institute of Scientific and Technical Information of China (English)

    李楠

    2011-01-01

    在我国,铁路运输部门既是一个民事主体,同时也是一个行政主体。铁路客运关系是一种公私法的竞合关系。自乘客进站之时起,乘客与铁路客运部门之间就形成了一种民事法律关系和行政法律关系的竞合关系。由于现实生活中人们对铁路部门行政主体身份的认识模糊和我国现行铁路行政法规的缺位,导致铁路部门在行使行政管理权力时,缺乏公法和私法上的合法依据。据此,未来的《铁路法》改革需要在一种公私法结合的研究视野下展开。%In China, the Railway is not only a civil main subject, but also an administrative subject. Railwaypassenger relationship is characterized by cooper-competition between public law and private law. A relationship featuring cooper-competition, comprised of civil legal relation and administrative legal relation, arises between passengers and the Railway the moment passengers enter railway stations. Due to the vague understanding of the administrative subject of Railway system by the republic and the lack of relative administrative laws, the Railway is deprived of a lawful basis, either on public law or on private law. In view of the above, future reforms for The Railroad Law should be carried out with the combination of public law and private law taken into consideration.

  8. Comparative law as method and the method of comparative law

    NARCIS (Netherlands)

    Hage, J.C.; Adams, M.; Heirbaut, D.

    2014-01-01

    This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does compar

  9. On the Law in The Law of Life

    Institute of Scientific and Technical Information of China (English)

    黄婷

    2016-01-01

    This article discussed the two main laws in the novel, The Law of Life, written by the famous American realistic writer Jack London. The laws discussed in this article are Social Darwinism and Fatalism. By discussing those two laws, the article tries to look into the philosophy of life that Jack London trying to reveal in the novel.

  10. Consequences of Lotka's Law for the Law of Bradford.

    Science.gov (United States)

    Egghe, L.

    1985-01-01

    After discussion of the equivalency of the information laws of Bradford, Leimkuhler, Lotka, and Mandelbrot, aberrations from Leimkuhler's law (including "Groos droop" as encountered in practice) are studied. Other aberrations of Leimkuhler's law are explained, starting from generalization of verbal formulation of Bradford's Law. (18 references)…

  11. A Law and Economics View on Harmonization of Procedural Law

    NARCIS (Netherlands)

    L.T. Visscher (Louis)

    2010-01-01

    textabstractAbstract Even though there exists an extensive Law and Economics literature on the topics of procedural law and harmonization of law, very little has been written on harmonization of procedural law as such. In this paper I first provide a brief overview of the economic approach to legal

  12. First victims then perpetrators: child soldiers and International Law

    OpenAIRE

    Claudia Morini

    2010-01-01

    This article examines the issue of the position of child soldiersunder International Law. After preliminary remarks on the approach ofinternational human rights and humanitarian law to the protection of children involved in armed conflicts, the article discusses the prohibitions on recruiting children and the individual criminal responsibility of recruiters.Case-law on the child soldiers’ recruitment is considered. In thefourth part the position of the child soldiers as perpetrators is discus...

  13. The remarkable durability of Thirlwall’s Law

    OpenAIRE

    Mark Setterfield

    2011-01-01

    This paper contemplates the robustness of Thirlwall's Law, a parsimonious expression that relates long run equilibrium growth in any one region to the product of world income growth and the ratio of the income elasticities of demand for exports and imports. Various extensions of the balance-of-payments-constrained growth model from which Thirlwall's Law is derived are contemplated. In each case, Thirlwall's Law is shown to reassert itself as a good approximation of the equilibrium growth rate...

  14. Variational tricomplex, global symmetries and conservation laws of gauge systems

    OpenAIRE

    Sharapov, A. A.

    2016-01-01

    Using the concept of variational tricomplex endowed with a presymplectic structure, we formulate the general notion of symmetry. We show that each generalized symmetry of a gauge system gives rise to a sequence of conservation laws that are represented by on-shell closed forms of various degrees. This extends the usual Noether's correspondence between global symmetries and conservation laws to the case of lower-degree conservation laws and not necessarily variational equations of motion. Fina...

  15. How Is the Ideal Gas Law Explanatory?

    Science.gov (United States)

    Woody, Andrea I.

    2013-01-01

    Using the ideal gas law as a comparative example, this essay reviews contemporary research in philosophy of science concerning scientific explanation. It outlines the inferential, causal, unification, and erotetic conceptions of explanation and discusses an alternative project, the functional perspective. In each case, the aim is to highlight…

  16. Homosexuality, the Law, and Public Schools.

    Science.gov (United States)

    Brooks, Kenneth W.; And Others

    This paper discusses the current issues of homosexuality, the law, and public schools. It states that school administrators need to understand homosexuality as a concept and as a legal issue because research on homosexuality has historically been remiss and court cases regarding the rights of homosexuals are increasing. Following a brief summary…

  17. Recent Developments in Minnesota Education Law.

    Science.gov (United States)

    Popovich, Peter S.; And Others

    1988-01-01

    Reviews more than 70 cases written by Minnesota appellate courts since 1982. Six major topics are analyzed: (1) tort liability; (2) compulsory education; (3) open meeting laws and school closings; (4) hiring and firing issues; (5) arbitration; and (6) appeal and damages. Unanswered questions are noted. (MLF)

  18. A new German law

    International Nuclear Information System (INIS)

    A new law about the production of electricity came into effect last april in Germany. A renewable energy expert presents this law and its consequences to the electricity market. The previous EFL (electricity feed-in law, 1991) has greatly contributed to the development of wind energy during the last decade but a new law was necessary to comply with European regulations about free electricity market and with European Commission 's aim of doubling the contribution of renewable energies to the European energy balance by 2010. This law sets the purchase prices of electricity by delivery companies according to the renewable energy (wind, photovoltaic,biomass, biogas, mine gas and geothermal) and a compensation system has been thoroughly elaborated. At the end the customer will have to pay the bill but the price is reasonable, the extra-cost is expected to be somewhere between 35 and 70 French francs a year for each electricity consumer but with the perspective of a doubling of the contribution of renewable energies to the German electricity market between 1995 and 2010. (A.C.)

  19. Science, Law, and the Pursuit of Knowledge: Should Unethical Research Be Considered for Scientific Knowledge?

    Science.gov (United States)

    Moore, Randy

    2002-01-01

    Describes similarities and differences between science and law in terms of truth, validity of facts, objectives, and research designs. Discusses ethical issues in teaching science and law and presents two case studies, Nazi hypothermia research and phosgene. (KHR)

  20. Nurturing Respect for the Law.

    Science.gov (United States)

    Ioffe, M. G.

    1978-01-01

    Describes the content and methodology of elective courses which expand Soviet student's understanding of the Soviet state and the courts, the structure of power, and the basic rights and duties of the citizen. Courses in labor law, love and family law, criminal law, and constitutional law expand the current social studies curriculum. (KC)

  1. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII. The Const

  2. Law, Community and Ultima Ratio in Transnational Law

    Directory of Open Access Journals (Sweden)

    Massimo Fichera

    2013-01-01

    Full Text Available The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including the expansion of the anti-money laundering legislation and the measures enacted following the economic crisis, will be used as emblematic cases illustrating the development of transnational law and its impact on society. The analysis will also focus on a general discussion on whether the market can be considered an integral part of a transnational community and the extent to which principles and ideas generated in criminal law can contribute to a community-oriented approach. Este artículo pretende examinar el concepto de derecho transnacional y la forma en las fuerzas del mercado influyen en la noción de comunidad en el ámbito transnacional. ¿Puede el principio de ultima ratio operar en este contexto y cómo debería ocurrir? Los últimos acontecimientos, incluida la ampliación de la legislación contra el blanqueo de dinero y las medidas adoptadas a raíz de la crisis económica, se utilizarán como casos emblemáticos que ilustran el desarrollo del derecho transnacional y su impacto en la sociedad. El análisis se centrará también en un análisis general sobre si el mercado puede ser considerado como parte integrante de una comunidad transnacional y en qué medida los principios e ideas generadas en el derecho penal pueden contribuir a un enfoque orientado a la comunidad. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2200872

  3. Online Law Dictionaries

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2012-01-01

    Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English...... in English as a foreign language. The function theory of lexicography offers an appropriate basis as it focuses on three key concepts: user needs, user competences, and user situations. It is proposed that online dictionaries should be designed to satisfy the lexicographically relevant user needs...... by containing the types of data that can best satisfy the needs of students at the three stages of legal text production: draft writing, revising and editing. The theoretical aspects discussed are supported by examples from the online CISG Dictionary, which is a lexicographic tool developed to help Danish law...

  4. Transfrontier environmental protection and German penal law. Grenzueberschreitende Umweltbelastungen und deutsches Strafrecht

    Energy Technology Data Exchange (ETDEWEB)

    Forkel, H.W.

    1988-01-22

    The author investigates the problem of how far German penal law is valid in case of transfrontier environmental pollution. He distinguishes between cases in which the interests of Germany and the neighbour state are congruent, and cases in which they are not congruent. According to the author, German law should be applied in cases where the other country has no environmental penal legislation, and where the emissions exceed the limits set by German and foreign law. (orig./HSCH).

  5. Wigner law for matrices with dependent entries - a perturbative approach

    CERN Document Server

    Krajewski, T; Vu, D L

    2016-01-01

    We show that Wigner semi-circle law holds for Hermitian matrices with dependent entries, provided the deviation of the cumulants from the normalised Gaussian case obeys a simple power law bound in the size of the matrix. To establish this result, we use replicas interpreted as a zero-dimensional quantum field theoretical model whose effective potential obey a renormalisation group equation.

  6. Danish Taxation of Pensions in the Perspective of EU Law

    DEFF Research Database (Denmark)

    Rønfeldt, Thomas; Werlauff, Erik

    2008-01-01

    The article analyses Danish law on pension taxation, as implemented after the ECJ convicted Denmark in the case C-150/04, Commission v. Denmark, and the article concludes that Danish legislation still is in conflict with EU law, as it favours Danish pension and insurance companies to the detriment...... of foreign companies....

  7. 20 CFR 404.985 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 404.985... and Decisions Court Remand Cases § 404.985 Application of circuit court law. The procedures which follow apply to administrative determinations or decisions on claims involving the application of...

  8. 20 CFR 416.1485 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 416.1485... Determinations and Decisions Court Remand Cases § 416.1485 Application of circuit court law. The procedures which follow apply to administrative determinations or decisions on claims involving the application of...

  9. Free movement of companies under company law, tax law and EU law

    DEFF Research Database (Denmark)

    Neville, Mette; Sørensen, Karsten Engsig

    2001-01-01

    Free movement of companies whereby they either transfers their de facto head office or their registered office from one member state to another is regulated by both company law, tax law and EU law. The interplay between these areas of law are analysed to determine whether such transfers are posible....

  10. Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

  11. An Interdisciplinary Approach to Teaching International Law: Using the Tools of the Law School Classroom in Political Science

    Science.gov (United States)

    Zartner, Dana

    2009-01-01

    As the world has grown more interconnected, many political science programs have added courses on international law, international organizations, the laws of war and peace, international human rights, and comparative judicial politics. While in many cases these are relatively new offerings within international studies, all of these subjects have…

  12. The Symbolic Significance of the Number Three in Yi Culture--The Case of Three Color Verdicts in Yi Customary Law%彝族“三”数及“三”色定案法

    Institute of Scientific and Technical Information of China (English)

    普忠良; 卢琳

    2014-01-01

    涉及到数,彝族一般都以“三”为起码的基数。“三”在彝族日常生活中用得特别多,对“三”数的文化意识理念涉及了方方面面。更重要的是,千百年来,彝族在社会生活中约定俗成的、不成文的民间习惯法里,就有以黑、白、花(即色彩组合)三种颜色表示案件的大小和轻重程度来定案的习惯法,常用黑、花、白三色表示三种不同的刑具和案件:黑色表示重刑具、重案件,关押重案犯的监狱;花色属于中等级刑具、案件和监狱;白色表示轻刑具、小案件、轻监狱(禁闭处或收容所)。%In Yi culture, the number“three”is regarded as the basic cardinal number, and it is often meta⁃phorically used in all aspects of daily life in Yi ethnic group. For thousands of years, the“three”is more salient⁃ly extended and conventionalized in Yi customary law, such as black, white and assortment used as the evidence of the measurement of penalty. Each of color represent as different instrument of torture and case, i. e., black stands for a heavy instrument of torture and a felony, whereas assortment represents an intermediate instrument of torture, or a case, or a prison. The white color stands for a light instrument of torture, or a small jail.

  13. 死刑案件新闻报道的刑事法律解读——兼论死刑案件新闻报道的价值取向%Understanding on the Coverage of Death Penalty Cases by Criminal Law --on Value Orientation of the Coverage of Death Penalty Case

    Institute of Scientific and Technical Information of China (English)

    姚东

    2011-01-01

    目前我国保留死刑制度,死刑作为最严厉的刑罚,广大民众关注死刑的适用,媒体热衷于死刑案件的新闻报道。从刑事法律的角度解读死刑案件的新闻报道,从真实死刑案件的新闻报道着手,分析新闻报道的现状,分析死刑制度沿革,寻找他们之间存在的共同价值取向——人权保障。%The death penalty is the most severe punishment in present China and the majority of the people pay close attention to the application of the death penalty, so the media is fond of the coverage of death penalty cases. This paper analyzes the situation of the coverage and the history of the death penalty system, explores the common value orientation among them-human rights protection, based on the understanding the coverage of death penahy cases with a view from criminal law, from the coverage of the real death penalty case.

  14. Law and individuality

    Directory of Open Access Journals (Sweden)

    D.F.M. Strauss

    2007-07-01

    Full Text Available The main contours of the history of philosophical and scientific conceptions of law and individuality are portrayed. This includes an account of perspectives and views found in ancient Greece, the Graeco-Roman world, the medieval speculation and, via the Renaissance, in early modern developments that were continued in the Enlightenment era, in Romanticism and historicism, and were eventually manifested in the linguistic turn. What is important for a proper understanding of modern law conceptions is an acknowledgement of the all-pervading influence of modern nominalism. This orientation was characterised by employing two related distinctions, namely the distinction between conceptual knowledge and concept-transcending knowledge, and that between rationalism and irrationalism. From a systematic point of view, various aspectual terms provide a frame of reference for the idea of a law of nature as a compound basic concept of science. Special attention is given to the nature of normative principles and physical laws. In the last part of the article, these perspectives are applied to a brief assessment of differences and similarities in the thought of Dooyeweerd and Vollenhoven.

  15. Law... For what?

    Directory of Open Access Journals (Sweden)

    Rodrigo Merino Barros

    2012-12-01

    Full Text Available This paper provides an overview of the work “El Derecho... ¿para qué?” of Jaime Baquero de la Calle. The overview analyzes the sources, the type of documents and examples that are used in it. Includes an explanation of the structure of the document, emphasizing the utility that provides this publication for students of law.

  16. Nuclear law in progress

    International Nuclear Information System (INIS)

    The 21. AIDN / INLA Congress was organized by the International Nuclear Law Association, in Buenos Aires, between the October 20 and 23, 2014. In this event, were presented almost 50 papers about these subjects: radioactive sources, safety and licensing, radioactive waste management, radiation protection, nuclear transport, security and non-proliferation, nuclear liability and insurance, etc.

  17. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren;

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  18. International institutional law

    CERN Document Server

    Schermers, Henry G

    1972-01-01

    In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.

  19. Laws of emotion

    NARCIS (Netherlands)

    N.H. Frijda

    2006-01-01

    The Laws of Emotion is an accessible new book that reviews much of the insightful new research on emotions conducted over the last ten years. It expands on the theory of emotions introduced in Nico Frijda's earlier work, and addresses a number of unanswered, basic problems on emotion theory. The aut

  20. European media law

    NARCIS (Netherlands)

    O. Castendyk; E. Dommering; A. Scheuer

    2008-01-01

    European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual Medi

  1. Laws for children

    Institute of Scientific and Technical Information of China (English)

    余生泽

    2002-01-01

    Laws(法律)for children are good things one hundred years ago in some countries,children worked eighteen hours a day in a factory_____age seven the factory owner could beat a child_____fell asleep or was not fast enough______parents add teacher could do the same.

  2. Public Relations & the Law.

    Science.gov (United States)

    Walsh, Frank

    This monograph synthesizes the laws and regulations that form the basis of the right to representation in the court of public opinion by all who would seek to influence public and private decisions. It expresses the framework of human and social values that underlie this constitutional freedom and that give public relations and other management…

  3. Rule of Law

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    China establishes a comprehensive socialist legal system The Standing Committee of the National People’s Congress (NPC),China’s top legislature,adopted an amendment to the Criminal Law at a bimonthly session in February,reducing the number of capital punishment by 13 to 55.

  4. Energy and Environmental Law

    International Nuclear Information System (INIS)

    The importance of a comprehensive, efficient and safe electric power supply is beyond question. The energy issue represents, particularly in Europe which is poor in natural resources, one of the central challenges of this young century. It undoubtedly has to be solved, but not independent of other geopolitical challenges like especially environmental problems. In view of ongoing climate change, melting ice caps and expansion of desert areas , an energy policy can not be operated (any more) without regard to environmental law aspects. Based on the available network of the different jurisdictions and the increasing number of environmentally relevant energy standards an integrative approach is obvious. Even in the development of the electricity industry it can be seen that the trend in Europe is characterized by a growing environmental awareness. Accompanying this, the liberalization of energy markets and the growing demand in the energy sector led to a realignment of the global energy market. At union legal level the development of an independent environmental law took place in the recent years. Be it the Alpine Convention, Natura 2000 or the Water Framework Directive: all are detached from a purely economic point of view and concerned with the protection of the environment. The claim for the future is a sustainable energy supply. This paper attempts to present a comprehensive system of energy environmental law. The guiding question was therefore the question of whether or to what extent there is a coherent system of energy environmental law. (Kancsar)

  5. Modification of Fick's law

    International Nuclear Information System (INIS)

    In the presence of long-time memory effects, Fick's law must be modified by replacing the diffusion coefficient by a convolution over time of the velocity autocorrelation function. This leads to a convergent Chapman-Enskog expansion in a fluid provided the proper reference frame is taken in the presence of hydrodynamic motion

  6. Law and the Consumer.

    Science.gov (United States)

    Idleman, Hillis K.

    One of eleven modules developed for secondary school consumer education, this document emphasizes the need of the consumer, especially the disadvantaged consumer, to understand the law and the protection it can offer. The material is presented in three columns: understandings (usually formulated as questions followed by commentary), suggested…

  7. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  8. The remarkable durability of Thirlwall’s Law

    Directory of Open Access Journals (Sweden)

    Mark Setterfield

    2011-12-01

    Full Text Available This paper contemplates the robustness of Thirlwall’s Law, a parsimonious expression that relates long run equilibrium growth in any one region to the product of world income growth and the ratio of the income elasticities of demand for exports and imports. Various extensions of the balance-of-payments-constrained growth model from which Thirlwall’s Law is derived are contemplated. In each case,Thirlwall’s Law is shown to reassert itself as a good approximation of the equilibrium growth rate. It is hypothesized that this robustness helps explain the widespread empirical success of Thirlwall’s Law.

  9. Nuclear Law Bulletin No. 96. Volume 2015/2

    International Nuclear Information System (INIS)

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Treaty implementation applied to conventions on nuclear safety' and 'Crisis, criticism, change: Regulatory reform in the wake of nuclear accidents'. (authors)

  10. Variational tricomplex, global symmetries and conservation laws of gauge systems

    CERN Document Server

    Sharapov, A A

    2016-01-01

    Using the concept of variational tricomplex endowed with a presymplectic structure, we formulate the general notion of symmetry. We show that each generalized symmetry of a gauge system gives rise to a sequence of conservation laws that are represented by on-shell closed forms of various degrees. This extends the usual Noether's correspondence between global symmetries and conservation laws to the case of lower-degree conservation laws and not necessarily variational equations of motion. Finally, we equip the space of conservation laws of a given degree with a Lie bracket and establish a homomorphism of the resulting Lie algebra to the Lie algebra of global symmetries.

  11. The Indigenous People of Chile and the Application of the Anti-terrorist Law : A case study of the land-conflict in Araucanía, Southern Chile

    OpenAIRE

    Stamm'ler Jaliff, Pernilla

    2013-01-01

    This study examines the conflict between indigenous rights and the exploitation of land in Chile. The conflict is displayed through a public discourse about the recognition of the indigenous people on the one hand, and the application of the anti-terrorist law against the indigenous people on the other. The anti-terrorist law is currently applied to the indigenous group, the Mapuches, in southern Chile, which makes this issue particularly acute. The role of the international community and the...

  12. Annual meeting on nuclear technology '88. Technical session on focal points of the atomic energy law and the radiation protection law in 1988

    International Nuclear Information System (INIS)

    This issue of Annual Meeting on Nuclear Technology reports presents the papers of the technical session on 'Focal points of the atomic energy law and the radiation protection law in 1988'. The titles are: Is there a binding link between decisions of the atomic energy authority and criminal law? Conclusions to be drawn from the Alkem case court decision. - Recent developments in atomic energy law. - Current radiation protection law. - Codetermination at plant level in a nuclear installation. - The legal position of foreigners from neigbour countries in the field of atomic energy law. The licensing of nuclear installations near the border. (RST)

  13. Archie's law - a reappraisal

    Science.gov (United States)

    Glover, Paul W. J.

    2016-07-01

    When scientists apply Archie's first law they often include an extra parameter a, which was introduced about 10 years after the equation's first publication by Winsauer et al. (1952), and which is sometimes called the "tortuosity" or "lithology" parameter. This parameter is not, however, theoretically justified. Paradoxically, the Winsauer et al. (1952) form of Archie's law often performs better than the original, more theoretically correct version. The difference in the cementation exponent calculated from these two forms of Archie's law is important, and can lead to a misestimation of reserves by at least 20 % for typical reservoir parameter values. We have examined the apparent paradox, and conclude that while the theoretical form of the law is correct, the data that we have been analysing with Archie's law have been in error. There are at least three types of systematic error that are present in most measurements: (i) a porosity error, (ii) a pore fluid salinity error, and (iii) a temperature error. Each of these systematic errors is sufficient to ensure that a non-unity value of the parameter a is required in order to fit the electrical data well. Fortunately, the inclusion of this parameter in the fit has compensated for the presence of the systematic errors in the electrical and porosity data, leading to a value of cementation exponent that is correct. The exceptions are those cementation exponents that have been calculated for individual core plugs. We make a number of recommendations for reducing the systematic errors that contribute to the problem and suggest that the value of the parameter a may now be used as an indication of data quality.

  14. [Recent books on international law] / Yoonie Kim, Paul R Williams

    Index Scriptorium Estoniae

    Kim, Yoonie

    2005-01-01

    Arvustus: Lauri Mälksoo. Illegal Annexation and State Continuity : The Case of the Incorporation of the Baltic States by the USSR. Study of the Tension between Normativity and Power in International Law. Leiden ; Boston, 2003

  15. Socratic Method Adds Zest to Ethics, Law Classes.

    Science.gov (United States)

    Schwarzlose, Richard A.

    1978-01-01

    Provides examples of case studies on journalism law and ethics, handled in the Socratic questioning method, showing how this approach helps students to realize what legal and ethical implications they may encounter as reporters and editors. (RL)

  16. International institutional law unity within diversity

    CERN Document Server

    Schermers, Henry G

    2011-01-01

    In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

  17. 涉案产品查控机制及执法责任体系的规范化研究%Research on the Standardization of Inspection and Control Mechanism on Case-involved Products and the Law Enforcement Responsibility System

    Institute of Scientific and Technical Information of China (English)

    刘海昭; 都晓春

    2015-01-01

    Objective:To analyze current status of control and inspection of case-involved products, discuss issues related to inspection and control mechanism on case-involved products and put forward suggestions on establishment of the law enforcement responsibility system so as to provide reference for food and drug administration institutes to exercise the power of administrative punishment, strengthen management according to law and protect lawful rights and interests. Methods:Literature survey, social investigation, semi-structural interview and law consulting were adopted to investigate the current status of legitimation of inspection and control of case-involved products and the existing problems and inlfuencing factors were analyzed. Results: At present our country has not specifically formulated relevant laws and regulations on inspection and control of food, health care products, cosmetics, medicines, medical devices and other products many problems occur in the process of the law enforcement and the check and control by law enforcement ofifcers. Conclusion:Aiming at the current status of inspection and control of products, authorities should establish an inspection and control system and related laws and regulations on the products, establish and improve the inspection and control system on the law enforcement and the scientific supervision responsibility system, strengthen the construction of the comprehensive coordination mechanism, and enhance law consciousness of law enforcement ofifcers, standardize the inspection and control procedures, and strive to set up a pattern of group-prevention and group-control and social co-governance.%目的:分析涉案产品查控现状,讨论影响涉案产品查控机制的相关问题,提出建立执法责任体系的建议,为规范食品药品监督管理部门行使行政处罚权,强化依法管理,保护合法权益提供参考。方法:采用文献调查法、社会调查法、访谈、法律咨询等方

  18. How Challenges of Warfare Influences the Laws of Warfare

    Directory of Open Access Journals (Sweden)

    Eyal Benvenisti

    2012-04-01

    Full Text Available The first challenge to laws of warfare comes from the realm of human rights, from the right to life. Today the situation is different. Laws of human rights have trickled into laws of warfare, even though they never mean to apply to them. In the process of formulating human rights laws there was never any intention that they be applied to a state of war. Their starting point was the power that a regime brings to bear on its citizens. This was not a case of horizontal warring - such as a duel or contest - but rather a hierarchy, a vertical relationship in which the one possessing public power controlled the citizen. This essay will deal with the challenges to the laws of warfare posed by fighting in urban zones, the consequent changes to these laws, and the problems these changes have aroused and responses to them.

  19. Cosmic backreaction and Gauss's law

    CERN Document Server

    Fleury, Pierre

    2016-01-01

    Cosmic backreaction refers to the general question of whether a homogeneous and isotropic cosmological model is able to predict the correct expansion dynamics of our inhomogeneous Universe. One aspect of this issue concerns the validity of the continuous approximation: does a system of point masses expand the same way as a fluid does? This article shows that it is not exactly the case in Newtonian gravity, although the associated corrections vanish in an infinite Universe. It turns out that Gauss's law is a key ingredient for such corrections to vanish. Backreaction therefore generically arises in alternative theories of gravitation, which threatens the trustworthiness of their cosmological tests. This phenomenon is illustrated with a toy-model of massive gravity.

  20. Power law in website ratings

    CERN Document Server

    Lande, D V

    2010-01-01

    In the practical work of websites popularization, analysis of their efficiency and downloading it is of key importance to take into account web-ratings data. The main indicators of website traffic include the number of unique hosts from which the analyzed website was addressed and the number of granted web pages (hits) per unit time (for example, day, month or year). Of certain interest is the ratio between the number of hits (S) and hosts (H). In practice there is even used such a concept as "average number of viewed pages" (S/H), which on default supposes a linear dependence of S on H. What actually happens is that linear dependence is observed only as a partial case of power dependence, and not always. Another new power law has been discovered on the Internet, in particular, on the WWW.

  1. The role of angular momentum conservation law in statistical mechanics

    OpenAIRE

    I.M. Dubrovskii

    2008-01-01

    Within the limits of Khinchin ideas [A.Y. Khinchin, Mathematical Foundation of Statistical Mechanics. NY, Ed. Dover, 1949] the importance of momentum and angular momentum conservation laws was analyzed for two cases: for uniform magnetic field and when magnetic field is absent. The law of momentum conservation does not change the density of probability distribution in both cases, just as it is assumed in the conventional theory. It is shown that in systems where the kinetic energy depends onl...

  2. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

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

  3. Hubble's Law Implies Benford's Law for Distances to Galaxies

    Science.gov (United States)

    Hill, Theodore P.; Fox, Ronald F.

    2016-03-01

    A recent article by Alexopoulos and Leontsinis presented empirical evidence that the first digits of the distances from the Earth to galaxies are a reasonably good fit to the probabilities predicted by Benford's law, the well known logarithmic statistical distribution of significant digits. The purpose of the present article is to give a theoretical explanation, based on Hubble's law and mathematical properties of Benford's law, why galaxy distances might be expected to follow Benford's law. The new galaxy-distance law derived here, which is robust with respect to change of scale and base, to additive and multiplicative computational or observational errors, and to variability of the Hubble constant in both time and space, predicts that conformity to Benford's law will improve as more data on distances to galaxies becomes available. Conversely, with the logical derivation of this law presented here, the recent empirical observations may be viewed as independent evidence of the validity of Hubble's law.

  4. Making law work for the poor

    Energy Technology Data Exchange (ETDEWEB)

    Cotula, Lorenzo

    2005-11-15

    To many, law – the systems of binding rules governing human relations – seems remote from the reality of daily struggle in poor and marginalised communities around the world. Yet, directly or indirectly, legal rules shape the way we behave in our everyday life, and contribute to organise social and economic relations (from commercial codes to EC 'freedom-of-movement' treaty provisions to welfare state legislation). Since the 1960s, development agencies have supported law reform processes in developing countries. Interest in law reform was recently revived by the recognition of the importance of institutional frameworks for social change ('New Institutional Economics'), and by the attention paid by several development agencies to concepts like good governance and the rule of law. Earlier emphasis on 'legal transplants' and naive assumptions about the way the law operates have given way to a better understanding of the complex nature of processes of legal and socio-economic change. Drawing on three examples, this paper explores the extent to which legal tools can contribute to improve the lives of poorer groups in both developing and developed countries; the conditions under which this is possible; and the constraints that such tools face in the pursuit of this aim. The paper aims to spark reflection and debate on these issues – not to come up with definitive answers. It is likely to be of interest for development lawyers, development practitioners working at a macro-planning level, and researchers. As for development practitioners, the paper sets out the case for taking law seriously as a tool for positive change. As for development lawyers, it argues that designing and implementing legal interventions that deliver that positive change is function not only of sound legal thinking, but also of a solid understanding of power relations and other social, cultural, political and economic factors that affect the way the law operates in

  5. Nuclear Law Bulletin No. 95. Volume 2015/1

    International Nuclear Information System (INIS)

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella'; 'Towards a new international framework for nuclear safety: Developments from Fukushima to Vienna'; 'Nuclear arbitration: Interpreting non-proliferation agreements'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

  6. Discrete power law with exponential cutoff and Lotka's Law

    CERN Document Server

    Smolinsky, Lawrence

    2015-01-01

    The first bibliometric law appeared in Alfred J. Lotka's 1926 examination of author productivity in chemistry and physics. The result is that the productivity distribution is thought to be described by a power law. In this paper, Lotka's original data on author productivity in chemistry is reconsidered by comparing the fit of the data to both a discrete power law and a discrete power law with exponential cutoff.

  7. Darwin's evolutionary philosophy: the laws of change.

    Science.gov (United States)

    Reed, E S

    1978-01-01

    The philosophical or metaphysical architecture of Darwin's theory of evolution by natural selection is analyzed and discussed. It is argued that natural selection was for Darwin a paradigmatic case of a natural law of change -- an exemplar of what Ghiselin (1969) has called selective retention laws. These selective retention laws lie at the basis of Darwin's revolutionary world view. In this essay special attention is paid to the consequences for Darwin's concept of species of his selective retention laws. Although Darwin himself explicity supported a variety of nominalism, implicit in the theory of natural selection is a solution to the dispute between nominalism and realism. It is argued that, although implicit, this view plays a very important role in Darwin's theory of natural selection as the means for the origin of species. It is in the context of these selective retention laws and their philosophical implications that Darwin's method is appraised in the light of recent criticisms, and the conclusion drawn that he successfully treated some philosophical problems by approaching them through natural history. Following this an outline of natural selection theory is presented in which all these philosophical issues are highlighted.

  8. LAW 575 UOP Course Tutorial / Tutorialoutlet

    OpenAIRE

    roster

    2015-01-01

    For more course tutorials visit www.tutorialoutlet.com   LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week 3 Formative Assessment, Learning Team Reflection ...

  9. A note on poroacoustic traveling waves under Forchheimer's law

    International Nuclear Information System (INIS)

    Acoustic traveling waves in a gas that saturates a rigid porous medium is investigated under the assumption that the drag experienced by the gas is modeled by Forchheimer's law. Exact traveling wave solutions (TWS)s, as well as approximate and asymptotic expressions, are obtained; decay rates are determined; and acceleration wave results are presented. In addition, special cases are considered, critical values of the wave variable and parameters are derived, and comparisons with predictions based on Darcy's law are performed. It is shown that, with respect to the Darcy case, most of the metrics that characterize such waveforms exhibit an increase in magnitude under Forchheimer's law

  10. European Asylum Law : and its Relation to International Law

    NARCIS (Netherlands)

    Battjes, H.

    2006-01-01

    In Chapter 1 I introduce the question of enquiry, the relation between Community and international law on asylum. Further, I sketch the content of the Refugee Convention, other relevant international law, the historical background of current Community asylum law (i.e. the asylum acquis from before 2

  11. The Teaching of Constitutional Law in American Law Schools.

    Science.gov (United States)

    Haimbaugh, George D., Jr.

    1981-01-01

    A survey of the teaching of constitutional law used questionnaires sent to the dean of every law school approved by the Association of American Law Schools or the American Bar Association. Responses describe the basic course, advanced courses and seminars, teachers, goals, and examinations. (MLW)

  12. The criminal law responsibility of officials under environmental criminal law

    International Nuclear Information System (INIS)

    The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW)

  13. Teaching "Law and Education" Outside the Law School.

    Science.gov (United States)

    Simpson, Robert J., Ed.

    A symposium discussion is presented on the topic, "Teaching 'Law and Education' Outside the Law School." The participants were: Walter J. McCann of Harvard Graduate School of Education; E. Edmund Reutter, Jr., of Teachers College of Columbia University; Robert J. Simpson of University of Miami Center for Policy and Law in Education; Tyll Van Geel…

  14. International health law : an emerging field of public international law

    NARCIS (Netherlands)

    Toebes, Brigit

    2015-01-01

    This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent ne

  15. Bayes and the Law

    Science.gov (United States)

    Fenton, Norman; Neil, Martin; Berger, Daniel

    2016-01-01

    Although the last forty years has seen considerable growth in the use of statistics in legal proceedings, it is primarily classical statistical methods rather than Bayesian methods that have been used. Yet the Bayesian approach avoids many of the problems of classical statistics and is also well suited to a broader range of problems. This paper reviews the potential and actual use of Bayes in the law and explains the main reasons for its lack of impact on legal practice. These include misconceptions by the legal community about Bayes’ theorem, over-reliance on the use of the likelihood ratio and the lack of adoption of modern computational methods. We argue that Bayesian Networks (BNs), which automatically produce the necessary Bayesian calculations, provide an opportunity to address most concerns about using Bayes in the law. PMID:27398389

  16. Ethics and Law

    Science.gov (United States)

    Vilacoba Ramos, Andrés

    2007-04-01

    Ethics are the set of moral rules that govern human conduct. Hegel, for his part, asserted that ethicity implied the full realization of freedom, as well as the suppression of it as arbitrariness. In this paper, we point out that, through the relation between Law and Ethics, we can discover how high are the Ethics of a society, as well as the adherence of its members to it.

  17. Corporate Law's Limits.

    OpenAIRE

    Roe, Mark J.

    2002-01-01

    A strong theory has emerged that the quality of corporate law in protecting distant shareholders primarily determines whether ownership and control separate. The theory helps to convincingly explain why separation is weak in transition and developing nations. But in several rich nations, although legal structures as measured protect shareholders well, separation is shallow. Something else has impeded separation. Separation should be narrow if shareholders face high managerial agency costs if ...

  18. Behavioral Law & Economics

    OpenAIRE

    Tomasz Nieborak

    2012-01-01

    Issues concerning the regulation aspects of financial markets are not simple. One of the reasons for this is that a great number of detailed factors have an effect, for example, the trust of the consumers of financial services or their behavior. The paper analyses the most important of them, and issues related to them, from a legal point of view, with the main objective of presenting the basic assumptions of the behavioral Law & Economics theorem. Dynamic development of financial markets and ...

  19. Similarity laws for pulsed gas discharges

    International Nuclear Information System (INIS)

    The feasibility of applying the similarity law to different types of pulsed discharges is analyzed. The analysis is based on the dependence pτ = f(E/p), where τ is the charge formation time, p is the gas pressure, and E is the pulsed field strength at which the breakdown occurs. The law holds for the Townsend and streamer breakdowns for a relatively long discharge gap d (for atmospheric air, d > 1 cm). For millimeter gaps, this law applies to many gases only in the case of the multielectron breakdown initiation down to the picosecond range. In this case, the time τ is measured from the instant the voltage amplitude sets in to the onset of current buildup and of the drop in voltage across the gap during the simultaneous development of a large number of electron avalanches. In the initiation by a small number of electrons, the time τ is longer than in the multielectron initiation by nearly an order of magnitude; this is due to the relatively low rate of free-electron accumulation in the gap, with runaway electrons (REs) playing an important role in this process. But the time θ of the fast voltage drop and current buildup obeys the similarity law pθ = F(E/p) in both cases. It is hypothesized that the source of REs is the field emission from cathodic micropoints, which terminates at the onset of explosive electron emission to limit the RE current pulse duration to 10-10 s. The similarity law pτ = f(E/p) is shown to hold for a pulsed microwave breakdown. (reviews of topical problems)

  20. Sovereignty in International Law

    Directory of Open Access Journals (Sweden)

    Jana MAFTEI

    2015-03-01

    Full Text Available We aimed at highlighting in this paper, after analyzing the transformations that took place in the international society, the importance of a particularly sensitive and current topic for public international law, namely the sovereignty. A political and legal concept at the same time, the state sovereignty remains permanently into the attention of researchers in an attempt to determine its role in international relations governed by the international law. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of sovereign equality principle, which causes another meaning of sovereignty, which completes the one specific to the internal life. We have analyzed the evolution of the concept of sovereignty and we have identified the causes that led to changes in its characteristics, in order to predict the tendencies in its development. We have highlighted the aspects of the exercise of sovereignty as a result of limiting the powers of state in the favor of international bodies. In preparing this article we have used as research methods the analysis of the problems generated by mentioned subject with reference to the doctrinal views expressed in specialized papers, documentary research, and interpretation of legal norms in the field.

  1. Sexuality and the law.

    Science.gov (United States)

    Portelli, C J

    1998-01-01

    Federal, state, and local laws in the US now govern almost every aspect of sexuality. This includes sexuality at the workplace, sexuality education, adolescent sexuality, access to sexuality information and sexually explicit materials, sexual orientation, and sexually transmitted disease(STD)/HIV transmission. Almost 33% of the US Supreme Court's docket this past term concerned sexuality issues. In contrast to 50 years ago, when sexuality law was confined to the criminal arena, contemporary "sex crimes" primarily relate to nonconsensual and exploitative behaviors. It is time for lawmakers, judges, lawyers, policy analysts, lobbyists, and advocates to realize they cannot legislate or litigate how, when, or why people fall in love. Rather, the role of the law should be to create and preserve models of justice and equality that seek to preserve one's individual rights to privacy and freedom to choose in matters related to one's sexuality. This includes free access to age-appropriate sexuality information, the right to marriage and children regardless of sexual orientation, comprehensive sexuality education that encompasses information about avoiding unwanted pregnancies and HIV/STDs, access to contraception and abortion, protection from sexually abusive or exploitative relationships, and access to sexual health care. PMID:12295182

  2. Henry's Law and Noisy Knuckles.

    Science.gov (United States)

    Kimbrough, Doris R.

    1999-01-01

    Discusses Henry's Law which describes the relationship between the pressure of gas and the concentration of that gas in a solution. Presents an application of Henry's Law to the cracking of knuckles. (CCM)

  3. Turning around Newton's Second Law

    Science.gov (United States)

    Goff, John Eric

    2004-01-01

    Conceptual and quantitative difficulties surrounding Newton's second law often arise among introductory physics students. Simply turning around how one expresses Newton's second law may assist students in their understanding of a deceptively simple-looking equation.

  4. Expanding Newton Mechanics with Neutrosophy and Quadstage Method ──New Newton Mechanics Taking Law of Conservation of Energy as Unique Source Law

    Directory of Open Access Journals (Sweden)

    Fu Yuhua

    2014-06-01

    Full Text Available Neutrosophy is a new branch of philosophy, and "Quad-stage" (Four stages is the expansion of Hegel’s triad thesis, antithesis, synthesis of development. Applying Neutrosophy and "Quad-stage" method, the purposes of this paper are expanding Newton Mechanics and making it become New Newton Mechanics (NNW taking law of conservation of energy as unique source law. In this paper the examples show that in some cases other laws may be contradicted with the law of conservation of energy. The original Newton's three laws and the law of gravity, in principle can be derived by the law of conservation of energy. Through the example of free falling body, this paper derives the original Newton's second law by using the law of conservation of energy, and proves that there is not the contradiction between the original law of gravity and the law of conservation of energy; and through the example of a small ball rolls along the inclined plane (belonging to the problem cannot be solved by general relativity that a body is forced to move in flat space, derives improved Newton's second law and improved law of gravity by using law of conservation of energy. Whether or not other conservation laws (such as the law of conservation of momentum and the law of conservation of angular momentum can be utilized, should be tested by law of conservation of energy. When the original Newton's second law is not correct, then the laws of conservation of momentum and angular momentum are no longer correct; therefore the general forms of improved law of conservation of momentum and improved law of conservation of angular momentum are presented. In the cases that law of conservation of energy cannot be used effectively, New Newton Mechanics will not exclude that according to other theories or accurate experiments to derive the laws or formulas to solve some specific problems. For example, with the help of the result of general relativity, the improved Newton's formula of universal

  5. Law and Investment in Africa

    OpenAIRE

    Simplice A, Asongu

    2011-01-01

    Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

  6. Law and technology security standard

    OpenAIRE

    Kitahara, Munenori

    2012-01-01

    The author will deal with the relationship between law and technology from the viewpoint of technology security standard. One of the relationships can be found in that law has been providing a security level of technology. They have been saying that law would often follow technology. Law is too slow to adapt the changing technology through the advancement of technology. Above all, information technology has an electronic rapidity and a legislation technology has a paper one. There might be a ...

  7. A Note on Extending Taylor's Power Law for Characterizing Human Microbial Communities: Inspiration from Comparative Studies on the Distribution Patterns of Insects and Galaxies, and as a Case Study for Medical Ecology

    CERN Document Server

    Ma, Zhanshan Sam

    2012-01-01

    Many natural patterns, such as the distributions of blood particles in a blood sample, proteins on cell surfaces, biological populations in their habitat, galaxies in the universe, the sequence of human genes, and the fitness in evolutionary computing, have been found to follow power law. Taylor's power law (Taylor 1961: Nature, 189:732-) is well recognized as one of the fundamental models in population ecology. A fundamental property of biological populations, which Taylor's power law reveals, is the near universal heterogeneity of population abundance distribution in habitat. Obviously, the heterogeneity also exists at the community level, where not only the distributions of population abundances but also the proportions of the species composition in the community are often heterogeneous. Nevertheless, existing community diversity indexes such as Shannon index and Simpson index can only measure "local" or "static" diversity in the sense that they are computed for each habitat at a specific time point, and t...

  8. Hubble's Law Implies Benford's Law for Distances to Stars

    CERN Document Server

    Fox, Ronald F

    2014-01-01

    A recent article by Alexopoulos and Leontsinis presented empirical evidence that the distances to stars listed in the 2011 HYG database "follow well the probabilities predicted by Benford's law", the well known logarithmic statistical distribution of significant digits. The purpose of the present article is to give a theoretical explanation, based on Hubble's law and mathematical properties of Benford's law, why star distances might be expected to follow Benford's law. Conversely, with the logical derivation given here, the empirical observations may be viewed as new independent evidence of the validity of Hubble's law.

  9. International law as law of the EU: the role of the Court of Justice

    NARCIS (Netherlands)

    C. Eckes

    2010-01-01

    Lately, the Court of Justice has been harshly criticised for having unduly restricted the effects of international law within the European legal order. Cases such as Van Parys, Kadi, Mox Plant, Intertanko, and Commune de Mesquer have led scholars to argue that the Court of Justice is becoming less i

  10. Scaling Laws in Gravitational Collapse

    CERN Document Server

    Cai, Rong-Gen

    2015-01-01

    This paper presents two interesting scaling laws, which relate some critical exponents in the critical behavior of spherically symmetric gravitational collapses. These scaling laws are independent of the details of gravity theory under consideration and share similar forms as those in thermodynamic and geometrical phase transitions in condensed matter system. The properties of the scaling laws are discussed and some numerical checks are given.

  11. Reordering American Constitutional Law Teaching.

    Science.gov (United States)

    Gerber, Scott D.

    1994-01-01

    Maintains that constitutional law is the cornerstone of an undergraduate public law curriculum. Asserts that there is a welcome trend toward teaching the subject over a two-semester sequence, instead of only one. Describes course content and teaching strategies used in a college constitutional law course. (CFR)

  12. Tax Breaks for Law Students.

    Science.gov (United States)

    Button, Alan L.

    1981-01-01

    A guide to federal income tax law as it affects law students is presented. Some costs that may constitute valuable above-the-line deductions are identified: moving expenses, educational expenses, job-seeking expenses, and income averaging. Available from Washington and Lee University School of Law, Lexington, VA 24450, $5.50 sc) (MLW)

  13. MOND laws of galactic dynamics

    OpenAIRE

    Milgrom, Mordehai

    2012-01-01

    MOND predicts a number of laws that galactic systems should obey irrespective of their complicated, haphazard, and mostly unknowable histories -- as Kepler's laws are obeyed by planetary systems. The main purpose of this work is to show how, and to what extent, these MOND laws follow from only the paradigm's basic tenets: departure from standard dynamics at accelerations a

  14. Estimation in the Power Law.

    Science.gov (United States)

    Thomas, Hoben

    1981-01-01

    Psychophysicists neglect to consider how error should be characterized in applications of the power law. Failures of the power law to agree with certain theoretical predictions are examined. A power law with lognormal product structure is proposed and approximately unbiased parameter estimates given for several common estimation situations.…

  15. Accommodating Law Faculty with Disabilities.

    Science.gov (United States)

    Tucker, Bonnie Poitras; Smith, Joseph F., Jr.

    1996-01-01

    The obligations of law schools, under federal law, to accommodate faculty with disabilities are examined. Employment provisions of the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973 and the definition of a disabled individual are reviewed, and real and hypothetical scenarios in hiring and employing law teachers are…

  16. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  17. Freedom of Expression Laws and the College Press: Lessons Learned from the High Schools.

    Science.gov (United States)

    Paxton, Mark

    This paper examines two recent attempts to enact state freedom of expression laws for public college and university students and discusses the prospects for such laws in the context of state scholastic freedom of expression laws covering high school journalists in six states. It examines the case of Kincaid v. Gibson, which decided that…

  18. Making robotic autonomy through science and law?

    OpenAIRE

    Rommetveit, Kjetil; Gunnarsdottir, Kristrun; van Dijk, Niels; Smits, Martijntje

    2014-01-01

    This document reports on the Epinet workshop on the making of robot autonomy, held in Utrecht 16-17 February 2014. The workshop was part of a case study focused on developments in this area, in particular, autonomy for assistive robots in care and companionship roles. Our participants were of relevant expertise and professional experience: law and ethics, academic and industry robotics, vision assessment and science and technology studies (STS). The workshop was intended to explore the expect...

  19. Data law, a special regulation

    OpenAIRE

    Ochoa, Nicolas

    2014-01-01

    I noticed during the last years of my research that when it comes to data law, people are only interested into data protection, human rights etc.As a result, data law is often reduced as data protection law or, even worse, as “privacy law”. Such a point of view is not wrong because data law do protect – or at least genuinely tries to protect – privacy, human rights etc. But by doing so, one is likely to refer only to a small part of data law and, what is worse, not to the essential part of it...

  20. THE FRAMEWORK OF INSOLVENCY LAW

    Directory of Open Access Journals (Sweden)

    LAVINIA IANCU

    2012-11-01

    Full Text Available There are a number of ways to classify the legal systems or legal families of the world, but in general legal families across the globe will in many jurisdictions either have an English law, or what can broadly be termed a Civil law, orientated foundation. When analyzing the insolvency laws of various jurisdictions such foundation will also show up in the variety of insolvency laws. But certain aspect of insolvency law will be affected by local legal culture, basic rights and the way in which a system deals with related matters such as the security rights provided for, or the approach to labor issues for instance.