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. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

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

  3. Government Contract Law Cases.

    Science.gov (United States)

    1983-10-01

    has available intelligence services whose reports are not and ought not to be published to the world.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

  4. The European Emissions Trading Scheme case law

    NARCIS (Netherlands)

    van Zeben, J.A.W.

    2009-01-01

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

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

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

  6. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

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

  7. 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...

  8. Making sense of the case law on Ombudsman schemes

    OpenAIRE

    Kirkham, R.M.; Allt, A.

    2016-01-01

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

  9. 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

  10. 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

  11. 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…

  12. 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…

  13. 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.

  14. 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…

  15. 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.

  16. [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.

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

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

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

  18. 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.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2005-07-01

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

  20. 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.

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

    Science.gov (United States)

    Jaworowski, Susan

    2013-01-01

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

  2. 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

  3. 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

  4. 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.

  5. 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.

  6. 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.

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

    DEFF Research Database (Denmark)

    Sadl, Urska; Panagis, Yannis

    2015-01-01

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

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

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

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

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

    Science.gov (United States)

    2007-01-01

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

  10. 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

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

    Directory of Open Access Journals (Sweden)

    DR Hodas

    2013-06-01

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

  12. 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.

  13. 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.

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

    Science.gov (United States)

    Patterson, John C.

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

  15. 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…

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

    NARCIS (Netherlands)

    van Hulten, Mart; Jallai, Ave-Geidi

    2016-01-01

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

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

    NARCIS (Netherlands)

    Mak, C.

    2012-01-01

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

  18. 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.

  19. 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. 

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

    Directory of Open Access Journals (Sweden)

    Mancano Leandro

    2016-05-01

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

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

    Science.gov (United States)

    Dagher, Zoubeida R.

    2014-01-01

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

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

    NARCIS (Netherlands)

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

    2016-01-01

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

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

    Science.gov (United States)

    Sipe, Stephanie R.

    2007-01-01

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

  4. 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.

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

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

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

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

    NARCIS (Netherlands)

    I Antonaki (Ilektra)

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bojan Tičar

    2012-12-01

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

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

    Science.gov (United States)

    Osipov, D. V.

    2013-12-01

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

  9. 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…

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

    Science.gov (United States)

    Vochozka, Marek; Maroušková, Anna; Šuleř, Petr

    2016-11-28

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

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

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2011-03-01

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

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

    Science.gov (United States)

    Wen, John T.; Bayard, David S.

    1988-01-01

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

  13. 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

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

    OpenAIRE

    2015-01-01

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

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

    NARCIS (Netherlands)

    Lavrijssen, S.A.C.M.

    2013-01-01

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

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

    Science.gov (United States)

    Pandit, M S; Pandit, Shobha

    2009-07-01

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

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

    Directory of Open Access Journals (Sweden)

    M S Pandit

    2009-01-01

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

  18. 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.

  19. 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.

  20. 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.

  1. 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...

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

    OpenAIRE

    Köndgen, O.A.

    2013-01-01

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

  3. 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.

  4. 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.

  5. 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...

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

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

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

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

    DEFF Research Database (Denmark)

    Birkeland, Søren

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

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

    Science.gov (United States)

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

    2006-07-01

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

  9. 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.

  10. 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.

  11. 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。

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

    NARCIS (Netherlands)

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

    2015-01-01

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

  13. 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

  14. 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…

  15. 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...

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

    Science.gov (United States)

    Iyioha, Ireh

    2012-09-01

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

  17. 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.

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

    Directory of Open Access Journals (Sweden)

    César Higa

    2013-12-01

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

  19. 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

  20. 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.

  1. 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

  2. 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.

  3. 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.

  4. 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.

  5. 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.

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

    OpenAIRE

    KORTUNAY, NEVİN

    2016-01-01

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

  7. 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.

  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. 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.

  10. 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.

  11. 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)

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

    Science.gov (United States)

    Kozik, Renata; Karasińska-Jaśkowiec, Izabela

    2016-10-01

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

  13. 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.…

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

    Science.gov (United States)

    Hativa, Nira

    2000-01-01

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

  15. 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...

  16. 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

  17. 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.

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

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2010-01-01

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

  19. 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.

  20. 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

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

    Science.gov (United States)

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

    1987-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Erdianto

    2015-01-01

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

  3. 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.

  4. 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.

  5. 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.

  6. [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.

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

    Science.gov (United States)

    de Barcellos, Ana Paula

    2014-12-11

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

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

    Directory of Open Access Journals (Sweden)

    Rabeea SADAF

    2016-12-01

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

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

    Science.gov (United States)

    Thiel, A; Hilken, S

    1993-09-01

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

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

    Science.gov (United States)

    Parmet, Wendy E

    2016-08-16

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

  11. 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....

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

    Directory of Open Access Journals (Sweden)

    Agus Sardjono

    2013-09-01

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

  13. 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

  14. [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.

  15. 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.

  16. 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.

  17. 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

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

    Science.gov (United States)

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

    2013-01-01

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

  19. 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…

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

    Science.gov (United States)

    Hill, Doris Adams; Hill, Stephanie J.

    2012-01-01

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

  1. 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…

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

    Directory of Open Access Journals (Sweden)

    Rosane Leal da Silva

    2011-12-01

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

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

    OpenAIRE

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Bilotskiy Sergiy Dmitrovich

    2014-12-01

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

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

    OpenAIRE

    Gerkrath, Jörg

    2014-01-01

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

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

    NARCIS (Netherlands)

    Gibson, B.N.

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Giacosa Francesco

    2015-01-01

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

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

    Science.gov (United States)

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

    2010-05-01

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

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

    Science.gov (United States)

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

    2016-09-01

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

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

    OpenAIRE

    2014-01-01

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

  12. 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

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

    Science.gov (United States)

    Hasian, Marouf, Jr.; And Others

    1996-01-01

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

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

    NARCIS (Netherlands)

    Duijkersloot, Ton

    2014-01-01

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

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

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

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

  16. 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。

  17. 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....

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1997-12-31

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

  19. 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

  20. 5 CFR 2430.12 - Administrative Law Judge's decision; contents; service; transfer of case to the Authority...

    Science.gov (United States)

    2010-01-01

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

  1. 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。

  2. Borders, Violence, Law

    Directory of Open Access Journals (Sweden)

    JAVIER DE LUCAS

    2014-06-01

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

  3. 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....

  4. 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.

  5. 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.

  6. 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.

  7. Criminal Law in Denmark

    DEFF Research Database (Denmark)

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

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

  8. 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.

  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. 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.

  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. 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.

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

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

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

    DEFF Research Database (Denmark)

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

    2008-01-01

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

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

    NARCIS (Netherlands)

    Copeland, P.; ter Haar, B.

    2015-01-01

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

  16. 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…

  17. 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

  18. 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…

  19. 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...

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

    Directory of Open Access Journals (Sweden)

    Paul J.A. de Hert

    2005-07-01

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

  1. 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.

  2. 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.

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

    OpenAIRE

    Abdul Karim Aldohni

    2014-01-01

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

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

    OpenAIRE

    Kyriakou, A.K

    2010-01-01

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

  5. Property Law

    OpenAIRE

    Dean Lueck; Thomas J. Miceli

    2004-01-01

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

  6. 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.

  7. 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...

  8. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

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

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

    Science.gov (United States)

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

    2016-01-01

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

  10. 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

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

    Institute of Scientific and Technical Information of China (English)

    武祎

    2015-01-01

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

  12. 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

  13. 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.

  14. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    段宝林

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Chen Cao

    2016-06-01

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

  17. 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.

  18. 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.

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

    Institute of Scientific and Technical Information of China (English)

    张燕

    2011-01-01

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

  20. 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.

  1. 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.

  2. 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…

  3. 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…

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

    Institute of Scientific and Technical Information of China (English)

    王娟

    2011-01-01

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

  5. 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...

  6. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

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

  7. 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

  8. 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.

  9. Hardship in Bulgarian Law

    Directory of Open Access Journals (Sweden)

    Silviya TSONEVA

    2011-03-01

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

  10. 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...

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

    Science.gov (United States)

    Barroco, L E

    1994-01-01

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

  12. 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.

  13. 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.

  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. 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. 

  16. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    王宝生

    2012-01-01

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

  18. 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.

  19. 20 CFR 655.435 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

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

  20. 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)

  1. Law and public health at CDC.

    Science.gov (United States)

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

    2006-12-22

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

  2. 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…

  3. 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...

  4. 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

  5. Food Regulation in Biblical Law

    OpenAIRE

    Wilkenfeld, Wendy A.

    1998-01-01

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

  6. 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.

  7. 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.

  8. 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…

  9. School Law.

    Science.gov (United States)

    Splitt, David A.

    1986-01-01

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

  10. School Law.

    Science.gov (United States)

    Splitt, David A.

    1987-01-01

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

  11. 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.

  12. Demonstrating the Gas Laws.

    Science.gov (United States)

    Holko, David A.

    1982-01-01

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

  13. 28 CFR 68.26 - Designation of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  14. 28 CFR 68.29 - Unavailability of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  15. 20 CFR 410.635 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

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

  16. Fixing Flaws in the Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

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

  17. National Courts and EU Law

    DEFF Research Database (Denmark)

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

  18. 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...

  19. Democratic contract law

    OpenAIRE

    Hesselink, M.W.

    2015-01-01

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

  20. 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...

  1. 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

  2. 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…

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

    Science.gov (United States)

    Mäntylä, Terhi; Hämäläinen, Ari

    2015-01-01

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

  4. 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…

  5. [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.

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

    NARCIS (Netherlands)

    Geradin, Damien; Contreras, Jorge L.

    2016-01-01

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

  7. 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.

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

    Institute of Scientific and Technical Information of China (English)

    孔令仙; 刘艳

    2013-01-01

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

  9. 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.

  10. Hyperbolic conservation laws and numerical methods

    Science.gov (United States)

    Leveque, Randall J.

    1990-01-01

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

  11. Is law science?

    Directory of Open Access Journals (Sweden)

    Rolien MC Roos

    2014-11-01

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

  12. Law and the Student Press.

    Science.gov (United States)

    Stevens, George E.; Webster, John B.

    Court cases and legal decisions involving the student press in the late 1960s and early 1970s are brought together in this book in order to show how the law has been applied to school officials and student journalists in high school, college, and the underground. The ten chapters cover the following topics: censorship, libel, obscenity, contempt,…

  13. 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)

  14. Village Soft Law and Soft Law Governance---Based on the Case Study of Village W in Jinhua,Zhejiang Province%农村软法与软法治理--基于对浙江省金华市W村的个案调查

    Institute of Scientific and Technical Information of China (English)

    王德强; 周豪

    2014-01-01

    软法治理已成为社会公共治理的重要路径。在社会转型时期,为能全面反映公民的多元诉求,需要广泛的民众参与以及互动的平等协商。基于对浙江省金华市 W 村的个案研究,结合对农村软法实施授权的阐释、农村软法资源和软法治理面临问题的现状分析,考量了村规民约、社会团体章程、村“两委”制度和党政机关文件等四大类的农村软法的治理实践。软法治理,弥补了硬法的不足,规范了农村社会治理体系,提升了公民的民主参与意识,更有效地推动了村民自治和农村法治化的进程。%Soft law governance has become an important path of social public governance.In the pe-riod of social transformation,in order to fully reflect the multiple demands,citizens need extensive public participation and equal consultation.Based on the study case of Village W in Jinhua,Zhejiang province, this paper illustrates the implementation of soft law in rural areas,analyses the village soft law resources and problems for soft law governance,examines the practical situation of the village regulations,articles of association in social organizations,village “two committees”system and the documents issued by the party and government.Soft law governance complements the deficiency of the hard law,regulates the ru-ral social governance system,improves citizens’awareness of democratic participation,and effectively promotes the autonomy of villagers and rural legalization process.

  15. 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…

  16. On Boolean Stable Laws

    CERN Document Server

    Arizmendi, Octavio

    2012-01-01

    We determine which Boolean stable law is freely infinitely divisible and which is not. Some positive Boolean stable laws and a mixture of them have completely monotonic densities and they are both freely and classically infinitely divisible. Freely infinitely divisible Boolean stable laws and the corresponding free stable laws are non trivial examples whose free divisibility indicators are infinity.

  17. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...... of empowerment and legal capability, coupled with an analysis of how this theory is supported by international and national law. The third and final part contains an analysis of cases from both the Danish Parliamentary Ombudsman and the Danish Equality Board (Ligebehandlingsnævnet), applying a model of analysis...

  18. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  19. 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)

  20. 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.

  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. Power laws, Pareto distributions and Zipf's law

    OpenAIRE

    Newman, M E J

    2004-01-01

    When the probability of measuring a particular value of some quantity varies inversely as a power of that value, the quantity is said to follow a power law, also known variously as Zipf's law or the Pareto distribution. Power laws appear widely in physics, biology, earth and planetary sciences, economics and finance, computer science, demography and the social sciences. For instance, the distributions of the sizes of cities, earthquakes, solar flares, moon craters, wars and people's personal ...

  5. Using Proactive Law for Competitive Advantage

    Directory of Open Access Journals (Sweden)

    Helena Haapio

    2016-12-01

    Full Text Available This article analyzes the role of law as a positive force within companies through parallel developments in Europe and the United States and a Colombian case study that illustrates how contract simplification and visualization can help bring user-friendly contracts and Proactive Law to practice.

  6. Youth and the Law. First Edition 1973.

    Science.gov (United States)

    Educational Research Council of America, Cleveland, OH. Social Science Program.

    This student book for the nine week, junior high course "Youth and the Law" addresses juvenile delinquency. The content is organized by chapters dealing with growing up, juvenile crime, causes of delinquency laws, vandalism and shoplifting, and four case studies in delinquency. The students are asked to consider what adolescence is and how it…

  7. 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…

  8. 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)

  9. 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.

  10. International Private Law and Communitarian Law

    Directory of Open Access Journals (Sweden)

    Abelardo Posso Serrano

    2013-01-01

    Full Text Available Private international law is justified at a time when the legal systems of nation states seeking a way to extend their areas and competencies. This desire led to the conflict between national laws, which grew smaller as did the novel concept of "international community", but did not suppress national relativism. A new law began to settle, then, with the progress of the integration process. Community laws have mechanisms to be applied, even when states would try to ignore them or to fulfill a relative way.

  11. A Practical Analysis of Analogical Reasoning in the Process of Case Law Application%类比推理在英美判例法适用中的实践分析

    Institute of Scientific and Technical Information of China (English)

    江慎祥

    2011-01-01

    类比推理是英美判例法适用的最重要的方法,也是其通常意义上区别于大陆成文法适用的重要方面。英美法判例的适用是一个融合了各种不同形式推理的过程,而学者们大都语焉不详的在该问题上以"遵循先例原则"草草带过,具体的判例法怎样以一种类比的方法进行适用则仍然让人感觉形影绰绰。%Analogical reasoning is the most important method in the process of Anglo-American case lawapplication. And generally speaking,this kind of method also has unique characteristics when compared with the civil law system.The application of case law is a blend of various forms of reasoning process,but most of the scholars did not give us a clear statement on this issue.Howthe analogical reasoning used in the specific case lawis still unclear.

  12. 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.

  13. 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

  14. 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.

  15. A "Bioethics" Approach to Teaching Health Law.

    Science.gov (United States)

    Capron, Alexander Morgan

    1988-01-01

    The reasons for offering a course in bioethics to law students and some approaches to take in addressing controversial issues are examined. The use of hypothetical vs. real cases, emphasis on clinical problems, and overall course objectives are discussed. (MSE)

  16. 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.

  17. 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.

  18. 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.

  19. On"Retroactive Dilemma" of Case Law and Its Institutional Resolution%判例法的“溯及力困境”及其制度性克服

    Institute of Scientific and Technical Information of China (English)

    魏治勋

    2011-01-01

    "Austin Dilemma" results from the issue of legality where social norms are applied in judicial proceedings by judges, that is, how to alleviate "retroactive dilemma" by institutional operations of case law so as to achieve justice in judicial judgment. Debates on "social propositions" between Dworkin and Hart have demonstrated the importance of social propositions in case law, besides, basic principles, criteria, reasoning modes and institutions developed from common law have offered comprehensive institutional safeguards for resolution of "retroactive dilemma" and justice in judgment.%"奥斯丁困境"的起因是法官在司法过程中适用社会规范引起的合法性问题。"奥斯丁困境"的提问方式及其问题可以转化为:通过什么样的判例法上的制度性操作能够缓解"溯及力困境"并达成司法判决的公正性。德沃金和哈特关于"社会规则理论"的争论使我们认识到社会命题在决定判例法规则方面的重要性,而普通法已经发展起来的司法基本原则、标准、推理模式和制度性原则则为"溯及力困境"及判决的公正性问题的解决提供了较为全面的制度实践上的保障。

  20. 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).

  1. Administrative Law Judges

    Science.gov (United States)

    The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws.

  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. European tax law

    NARCIS (Netherlands)

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

    2008-01-01

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

  5. 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

  6. 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...

  7. 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…

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

    Science.gov (United States)

    Boyko, Evgeniy; Bercovici, Moran; Gat, Amir

    2016-11-01

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

  9. 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.

  10. 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.

  11. 28 CFR 68.28 - Authority of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Authority of Administrative Law Judge. 68... PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF... Authority of Administrative Law Judge. (a) General powers. In any proceeding under this part,...

  12. 20 CFR 410.634 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative Law Judge. 410.634 Section 410... Review, Finality of Decisions, and Representation of Parties § 410.634 Administrative Law Judge. The... appropriate case, the Deputy Commissioner may designate another Administrative Law Judge or a member...

  13. Path dependence of truss-like mixed mode cohesive laws

    DEFF Research Database (Denmark)

    Goutianos, Stergios; Sørensen, Bent F.

    2012-01-01

    A general theoretical analysis is presented to prove that, under mixed mode fracture, truss-like mixed mode cohesive laws (cohesive laws that are coupled in a special manner such that the traction vector follows the separation/opening vector) are path independent only in the limited case where th...... and numerically that these cohesive laws are path dependent....

  14. Integrating Interdisciplinary Perspectives into Traditional Environmental Law Courses.

    Science.gov (United States)

    Hammer, Ruby

    1999-01-01

    Examines a case study relating to the delivering of an environmental law module at Staffordshire University (England) and describes the practices that were implemented to facilitate interdisciplinarity and learning of environmental law. Concludes that the changes to the environmental law course at Staffordshire demonstrate the possibility to…

  15. 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

  16. Toward a Social History of Law and Public Education.

    Science.gov (United States)

    Tyack, David

    This exploratory essay suggests the contours of a social history of law and public education. The essay departs from two traditional approaches to educational law: the study of landmark cases, and textbooks that delimit legally approved practice. Instead the changing dialectic between statutory and court-decided law is analyzed, stressing how…

  17. 医疗纠纷民事诉讼案件审理适用法律现状与思考%The status and thinking on the applied laws for cognizance in trying civil cases on medical disputes

    Institute of Scientific and Technical Information of China (English)

    韩松; 刘成勇; 王焕春; 向彩良

    2008-01-01

    为维护医患双方的合法权益,结合医疗纠纷民事诉讼案件审理实际,分析了当前不同法院在审理案件事实基本相同的医疗纠纷民事诉讼案件时,因在医疗损害赔偿标准、医疗事故鉴定方式以及医疗机构赔偿责任判定等方面适用法律不一,导致判决结果出现差异的若干问题,提出应尽快确定医疗纠纷民事诉讼案件审理的法律适用、将医疗事故技术鉴定纳入司法鉴定管理系统和引进医疗过失责任强制保险制度等建议.%To protect the legal rights of both medical practitioners and patients, we analyzed different results caused by appraisal of medical disputes that were handled by different courts according the practice in cognizance in trying civil cases on medical disputes. We found that when dealing with civil cases on medical disputes that have similar facts, different courts have applied different laws in determining the standards of claims for medical damages, methods of appraisal and responsibilities of medical institutions. We propose that the applied laws for judgment of civil cases on medical disputes must be established as soon as possible, the technical appraisal of medical disputes should be introduced into the legal appraisal management system, and compulsory insurance for medical malpractice liability should be introduced.

  18. 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.

  19. 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.

  20. Energy-Momentum and Gauge Conservation Laws

    CERN Document Server

    Giachetta, G; Sardanashvily, G

    1999-01-01

    We treat energy-momentum conservation laws as particular gauge conservation laws when generators of gauge transformations are horizontal vector fields on fibre bundles. In particular, the generators of general covariant transformations are the canonical horizontal prolongations of vector fields on a world manifold. This is the case of the energy-momentum conservation laws in gravitation theories. We find that, in main gravitational models, the corresponding energy-momentum flows reduce to the generalized Komar superpotential. We show that the superpotential form of a conserved flow is the common property of gauge conservation laws if generators of gauge transformations depend on derivatives of gauge parameters. At the same time, dependence of conserved flows on gauge parameters make gauge conservation laws form-invariant under gauge transformations.

  1. 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。

  2. 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。

  3. Significant Outcomes in Case Law in the United States: Autism and IDEA in 2013, Transition Issues and Changes in Diagnostic Evaluation Criteria

    Science.gov (United States)

    Hill, Doris Adams; Taylor, Jonte

    2017-01-01

    The authors examined 85 cases decided in 2013 where the facts centered on violations of the Individuals with Disabilities Education Act (IDEA) and the provision of a Free Appropriate Public Education (FAPE) for students with autism spectrum disorder (ASD). Trends in prevailing party by geographic location, court circuit, gender, and other…

  4. Elements and gas enrichment laws of sweet spots in shale gas reservoir: A case study of the Longmaxi Fm in Changning block, Sichuan Basin

    Directory of Open Access Journals (Sweden)

    Renfang Pan

    2016-05-01

    Full Text Available Identification of sweet spot is of great significance in confirming shale gas prospects to realize large-scale economic shale gas development. In this paper, geological characteristics of shale gas reservoirs were compared and analyzed based on abundant data of domestic and foreign shale gas reservoirs. Key elements of sweet spots were illustrated, including net thickness of gas shale, total organic carbon (TOC content, types and maturity (Ro of organic matters, rock matrix and its physical properties (porosity and permeability, and development characteristics of natural fractures. After the data in Changning and Weiyuan blocks, the Sichuan Basin, were analyzed, the geologic laws of shale gas enrichment were summarized based on the economic exploitation characteristics of shale gas and the correlation between the elements. The elements of favorable “sweet spots” of marine shale gas reservoirs in the Changning block and their distribution characteristics were confirmed. Firstly, the quality of gas source rocks is ensured with the continuous thickness of effective gas shale larger than 30 m, TOC > 2.0% and Ro = 2.4–3.5%. Secondly, the quality of reservoir is ensured with the brittle minerals content being 30–69%, the clay mineral content lower than 30% and a single lamination thickness being 0.1–1.0 m. And thirdly, the porosity is higher than 2.0%, the permeability is larger than 50 nD, gas content is higher than 1.45 m3/t, and formation is under normal pressure–overpressure system, which ensures the production modes and capacities. Finally, the primary and secondary elements that control the “sweet spots” of shale gas reservoirs were further analyzed and their restrictive relationships with each other were also discussed.

  5. 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...

  6. 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.

  7. 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.

  8. 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 .

  9. 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.

  10. 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.

  11. How Law Affects Lending

    OpenAIRE

    Haselmann, Rainer; Pistor, Katharina; Vig, Vikrant

    2006-01-01

    A voluminous literature seeks to explore the relation between law and finance, but offers little insights into dynamic relation between legal change and behavioral outcomes or about the distributive effects of law on different market participants. The current paper disentangles the law-finance relation by using disaggregate data on banks’ lending patterns in 12 transition countries over a 8 year period. This allows us to control for country level heterogeneity and differentiate between differ...

  12. 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. ...

  13. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  14. Learning the Law

    OpenAIRE

    Engel, Christoph

    2004-01-01

    Hardly any of the law's subjects know the text of the provisions that govern their conduct. Even less would they be able to handle this text properly, were they to get access to it. Nonetheless the law firmly believes that it is not feckless. This paper solves the puzzle by drawing on four bodies of knowledge: neurobiology, developmental psychology, the psychology of learning, and work form social scientists on learning.The paper makes the following claim: typically the law reaches its addres...

  15. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    of international law generates bad policy outcomes. Resort to international law to establish the SRF opens the door for national courts’ review of the agreement – a prospect which contrasts with the constitutional logic of leaving decision of economic questions in the political process. In light......, to be adopted in co-decision procedure with the Parliament, the Council has however endorsed a plan to adopt an international agreement on the functioning of the Single Resolution Fund (SRF). The paper critically analyses the choice to resort to international law to establish the SRF. As the paper maintains......, the use of an intergovernmental agreement in this case is not necessary from a legal point of view. In fact, the use of international law in this case rests on flawed legal argument, namely that EU regulations cannot impose financial obligations on the states. Moreover, as the paper explains, the use...

  16. Washington upholds HIV exposure law as constitutional.

    Science.gov (United States)

    1999-12-24

    A Washington State appeals court has rejected a constitutional challenge to a law that makes the intentional spreading of HIV to sex partners a crime. The court rejected the notion that the criminal exposure law violated the equal protection clause of the U.S. and State constitutions because it singled out those infected with HIV for unequal treatment. The court saw the law applied specific conduct to all, infected and non-infected alike, not specific groups of people. A second argument that the defendants were denied right of procreation was rejected because those rights are not protected if the defendant intended to inflict bodily injury. In this case, the defendant, [name removed], knowing his HIV status, willingly had sex with several women without warning them of his status or using a condom. The court viewed this behavior as acting with intent to inflict harm. An earlier case involving an HIV-specific criminal exposure law is described.

  17. 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。

  18. 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.

  19. 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

  20. 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...

  1. Thinking law: thinking law in motion

    OpenAIRE

    Laura Beth Nielsen

    2014-01-01

    This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1) multiple methodologies; (2) multiple perspectives; (3) multiple vocalities; and (4) multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can cla...

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

    DEFF Research Database (Denmark)

    Haagerup, Uffe; Möller, Sören

    2013-01-01

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

  3. 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.

  4. 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.

  5. 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.

  6. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school…

  7. Nanotechnology and the Law

    Science.gov (United States)

    Desmoulin-Canselier, Sonia; Lacour, Stéphanie

    Law and nanotechnology form a vast subject. The aim here will be to examine them from the societal standpoint of nanoethics, if necessary without due reference to the work that has been undertaken. For while law differs from ethics, as we shall attempt to explain throughout this reflection, it must also be studied in its relationship with social realities.

  8. 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…

  9. 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…

  10. 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…

  11. 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…

  12. 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

  13. The law and neuroscience.

    Science.gov (United States)

    Gazzaniga, Michael S

    2008-11-06

    Some of the implications for law of recent discoveries in neuroscience are considered in a new program established by the MacArthur Foundation. A group of neuroscientists, lawyers, philosophers, and jurists are examining issues in criminal law and, in particular, problems in responsibility and prediction and problems in legal decision making.

  14. 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)

  15. Climate Change Law

    NARCIS (Netherlands)

    Farber, D.A.; Peeters, Marjan

    2016-01-01

    This book brings together over seventy fifty authors for a comprehensive examination of the emerging global regime of climate change law. Despite the relative youth of climate change law, we can already begin to see the outlines of legal regimes addressing climate change mitigation and adaptation (a

  16. 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

  17. 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

  18. 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.

  19. 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...

  20. The penetration of neoliberalism in the sub-national levels. The Cordoba case: analysis of new State’s provincial laws and the Fiscal Pact

    Directory of Open Access Journals (Sweden)

    Alejandro Gabriel Manzo

    2011-12-01

    Full Text Available The objective of this article is to analyze the strategies of difusion/imposition and the content of the neoliberalism in the provinces and municipalities of Argentina using the “Córdoba’s case” as a case of reference. It is divided in two main parts: the first one, presents the strategies that the central agents use to espread/impose the neoliberalism in different parts of the planet and the main features of the neoliberal reforms of first and second generation; the second one, makes an historical analysis of the political field of Córdoba and a juridical analysis of the norms that gave form to the process of the “New State” and the “Fiscal Pact” of 2000.

  1. 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.

  2. The protection of the accused in international criminal law according to the Human Rights Law Standard

    Directory of Open Access Journals (Sweden)

    Karolina Kremens

    2011-12-01

    Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

  3. [Medicine aboard cruise ships--law insurance specifics].

    Science.gov (United States)

    Ottomann, C; Frenzel, R; Muehlberger, T

    2013-04-01

    The booming cruise industry, associated with ships with more passengers and crew on board, results in growing medical needs for the ship doctor. The ship's doctor insurance policy includes different jurisdictions, namely national law, international law, tort law, insurance law and labor law. In addition, international agreements must be taken into account, which complicates the design of an adequate insurance policy. Equally high are the costs and defense costs for the ship's doctor in case of liability. In order to limit the liability for all parties is to ask for appropriately qualified medical staff, hired on board.

  4. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  5. 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…

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

    NARCIS (Netherlands)

    Lautenbach, G.

    2013-01-01

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

  7. Religious Values and Conflict of Laws

    Directory of Open Access Journals (Sweden)

    Sara Tonolo

    2016-02-01

    Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.

  8. 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.

  9. Anomalous law of cooling.

    Science.gov (United States)

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

    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.

  10. 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....

  11. Contracts with protection duties. A propos of Constitutional and Civil Law connection

    Directory of Open Access Journals (Sweden)

    Rómulo Morales Hervias

    2013-12-01

    Full Text Available This essay examines protection duties arising under a contract. Its doctrinal and comparative case-law development is very broad. In Peru, national doctrine has studied it from case-law specific cases. The purpose ofthis study is to develop the analysis of autonomy of these duties towards main and secondary obligations arose under contracts in order to give legal bases not only from Civil Law but also from Constitutional Law perspective.

  12. 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.

  13. 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.

  14. 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...

  15. 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...

  16. 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.

  17. 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

  18. Bullying Policies and Laws

    Science.gov (United States)

    ... Policies & Laws | Español Search Stopbullying.gov WHAT IS BULLYING Definition The Roles Kids Play Other Types of Aggressive Behavior CYBER BULLYING What is Cyberbullying? Prevent Cyberbullying Report Cyberbullying WHO ...

  19. 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.

  20. 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...... as the target language primarily focus on terms, but students also need to write the remainder of the texts in factually and linguistically correct English. It is therefore important to have a sound theoretical foundation before embarking on a dictionary project that aims to help law students communicate...... 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...

  1. 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)

  2. 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...

  3. 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.

  4. 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...

  5. 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.

  6. 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.

  7. 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.

  8. The European Courts and the Law of Treaties: The Continuing Story

    NARCIS (Netherlands)

    Kuijper, P.J.; Cannizzaro, E.

    2011-01-01

    This chapter presents a critical analysis of the case law of the European Court of Justice and of the General Court relating to the application of the international law of treaties. It covers the some forty cases in which the Courts have referred explicitly to the Vienna Convention on the Law of Tre

  9. 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

  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. 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.

  12. 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

  13. Henry's law constants of polyols

    Directory of Open Access Journals (Sweden)

    S. Compernolle

    2014-12-01

    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. 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.

  14. 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。

  15. 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.

  16. 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.

  17. 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…

  18. 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…

  19. Continued fractions and the second Kepler law

    OpenAIRE

    Karpenkov, Oleg

    2009-01-01

    In this paper we introduce a link between geometry of ordinary continued fractions and trajectories of points that moves according to the second Kepler law. We expand geometric interpretation of ordinary continued fractions to the case of continued fractions with arbitrary elements.

  20. Can Newton's Third Law Be "Derived" from the Second?

    Science.gov (United States)

    Gangopadhyaya, Asim; Harrington, James

    2017-04-01

    Newton's laws have engendered much discussion over several centuries. Today, the internet is awash with a plethora of information on this topic. We find many references to Newton's laws, often discussions of various types of misunderstandings and ways to explain them. Here we present an intriguing example that shows an assumption hidden in Newton's third law that is often overlooked. As is well known, the first law defines an inertial frame of reference and the second law determines the acceleration of a particle in such a frame due to an external force. The third law describes forces exerted on each other in a two-particle system, and allows us to extend the second law to a system of particles. Students are often taught that the three laws are independent. Here we present an example that challenges this assumption. At first glance, it seems to show that, at least for a special case, the third law follows from the second law. However, a careful examination of the assumptions demonstrates that is not quite the case. Ultimately, the example does illustrate the significance of the concept of mass in linking Newton's dynamical principles.

  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. 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)

  3. 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

  4. Labour Law in Denmark

    DEFF Research Database (Denmark)

    Hasselbalch, Ole

    Table of Contents: The Author List of Abbreviations General Introduction Chapter 1. General Background Chapter 2. Definitions and Notions Chapter 3. Historical Background Chapter 4. Role of Government Institutions in the Shaping and Administration of Labour and Industrial Relations Policy Chapter 5....... 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...... 9. Inventions by Employees Chapter 10. Settlement of Disputes Part II. Collective Labour Relations Chapter 1. Trade Union Freedom Chapter 2. Trade Unions and Employers’ Associations Chapter 3. Institutionalised Relations between Employers and Employees Chapter 4. Collective Bargaining Chapter 5...

  5. Tax deductibility of fines imposed for competition law infringements

    NARCIS (Netherlands)

    Smits, R.

    2012-01-01

    Companies may try to deduct fines imposed for competition law infringements from corporate tax. Recent case law in the Netherlands establishes that such tax deduction is not allowed. The European Court of Justice gave a preliminary ruling on a technical procedural issue in which it made clear that t

  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... release an Acquiescence Ruling for publication in the Federal Register for any precedential circuit...

  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... circuit court decision that we determine contains a holding that conflicts with our interpretation of...

  9. 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.

  10. Thermodynamic laws and equipartition theorem in relativistic Brownian motion.

    Science.gov (United States)

    Koide, T; Kodama, T

    2011-06-01

    We extend the stochastic energetics to a relativistic system. The thermodynamic laws and equipartition theorem are discussed for a relativistic Brownian particle and the first and the second law of thermodynamics in this formalism are derived. The relation between the relativistic equipartition relation and the rate of heat transfer is discussed in the relativistic case together with the nature of the noise term.

  11. The OpenLaws project: Big Open Legal Data

    NARCIS (Netherlands)

    Winkels, R.; Schweighofer, E; Kummer, F.; Hötzendorfer, W.

    2015-01-01

    In the OpenLaws project we aim to deliver a platform that enables users to find legal information more easily, organize it the way they want and share it with others. Together with users we intend to create a network of legislation, case law, legal literature and legal experts - both on a national a

  12. 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).

  13. 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....

  14. 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....

  15. Fractional conservation laws in optimal control theory

    CERN Document Server

    Frederico, Gastao S F

    2007-01-01

    Using the recent formulation of Noether's theorem for the problems of the calculus of variations with fractional derivatives, the Lagrange multiplier technique, and the fractional Euler-Lagrange equations, we prove a Noether-like theorem to the more general context of the fractional optimal control. As a corollary, it follows that in the fractional case the autonomous Hamiltonian does not define anymore a conservation law. Instead, it is proved that the fractional conservation law adds to the Hamiltonian a new term which depends on the fractional-order of differentiation, the generalized momentum, and the fractional derivative of the state variable.

  16. 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…

  17. 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.

  18. The Gas Laws

    Science.gov (United States)

    Raman, V. V.

    1973-01-01

    Inquires into the individual names and dates which are associated with the various perfect gas laws on the basis of published and historically researched works. Indicates the presence of eight features in giving a scientist credit for a scientific discovery. (CC)

  19. 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.

  20. Financial Disclosure Laws.

    Science.gov (United States)

    Merz, Carol

    1983-01-01

    A study of school board presidents and superintendents in Washington, Missouri, and New Jersey reveals that strict financial disclosure laws tend to reduce the number of professionals on boards; however, board members with professional occupations differ from other board members on a number of measures. (MLF)

  1. Competition Law in Malaysia

    OpenAIRE

    Anand Raj; Cynthia Lian; Wen-Ly Chin

    2015-01-01

    There is still some way for Malaysia to go and the lack of merger control (for the foreseeable future) remains a significant shortcoming in the Malaysian competition law regime at this stage. Anand Raj, Cynthia Lian, & Wen-Ly Chin (Shearn Delamore & Co., Kuala Lumpur)

  2. 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.

  3. European media law

    NARCIS (Netherlands)

    Castendyk, O.; Dommering, E.; Scheuer, A.

    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

  4. 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...

  5. Presenting Distributive Laws

    NARCIS (Netherlands)

    Bonsangue, M.M.; Hansen, H.H.; Kurz, A.; Rot, J.C.; Heckel, R.; Milius, S.

    2013-01-01

    Distributive laws of a monad over a functor F are categorical tools for specifying algebra-coalgebra interaction. They proved to be important for solving systems of corecursive equations, for the specification of well-behaved structural operational semantics and, more recently, also for enhancements

  6. Presenting Distributive Laws

    NARCIS (Netherlands)

    Bonsangue, M.M.; Hansen, H.H.; Kurz, A.; Rot, J.C.

    2015-01-01

    Distributive laws of a monad T over a functor F are categorical tools for specifying algebra-coalgebra interaction. They proved to be important for solving systems of corecursive equations, for the specication of well-behaved structural operational se- mantics and, more recently, also for enhancemen

  7. Presenting distributive laws

    NARCIS (Netherlands)

    Bonsangue, M.M.; Hansen, H.H.; Kurz, A.; Rot, J.

    2015-01-01

    Distributive laws of a monad T over a functor F are categorical tools for specifying algebra-coalgebra interaction. They proved to be important for solving systems of corecursive equations, for the specification of well-behaved structural operational semantics and, more recently, also for enhancemen

  8. 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…

  9. Lectures on Law Enforcement.

    Science.gov (United States)

    Nettleship, Lois

    Three lectures on law enforcement are presented that were prepared for study purposes at Johnson County Community College. The first lecture examines the fundamental ideas of the Age of Enlightenment and discusses their influence on the American Revolution, the United States Constitution, and the Bill of Rights. Major provisions of the Bill of…

  10. 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.

  11. Variational Tricomplex, Global Symmetries and Conservation Laws of Gauge Systems

    Science.gov (United States)

    Sharapov, Alexey A.

    2016-10-01

    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.

  12. 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.

  13. Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

    Science.gov (United States)

    Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

    2009-03-01

    Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

  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. When Do Laws Matter? National Minimum-Age-of-Marriage Laws, Child Rights, and Adolescent Fertility, 1989–2007

    OpenAIRE

    Kim, Minzee; Longhofer, Wesley; Boyle, Elizabeth Heger; Nyseth, Hollie

    2013-01-01

    Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed-effect time-series regression model to analyze the impact of minimum-age-of-marriage laws in 115 poor- and middle-income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dra...

  17. International Rogatory Commission in the Romanian Law

    Directory of Open Access Journals (Sweden)

    Minodora-Ioana BĂLAN-RUSU

    2014-08-01

    Full Text Available Within this paper it is examined the institution of international rogatory commission in Romanian law in the light of the latest legislative changes occurred in the Romanian special law and other legal acts of the European Union. With this paper it is continued our research activity on European and international legal assistance in criminal matters. The study presents the conditions under which the Romanian authorities require or enforce a claim for performance of international rogatory commission, where there is a criminal case, regardless of the stage at the time of the application. The work can be useful to practitioners in this field (courts, prosecutors, police and lawyers and law school or master students. The novelty consists in examining this institution taking into consideration the latest amendments to the Romanian and European legislation in the field of international rogatory commission in criminal matters and the formulation of some critical observations aiming at improving the legislation in this area.

  18. 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 ...

  19. 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.

  20. 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.

  1. 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.

  2. 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

  3. 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.

  4. 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

  5. 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.

  6. 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)

  7. 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

  8. SPECIFIC FEATURES OF THE LIABILITY FOR CONTRAVENTION IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    ANDRADA MIHAELA TRUSCA

    2012-05-01

    Full Text Available Along with civil liability and criminal liability, contravention liability comes to complete the classical forms of liability applicable in the environmental protection field. This form of liability, unlike the civil liability, which has a predominantly repairer character, has a sanction character, intervening in the case in which a subject of law does not comply with a conduct established by a rule of public law. Although contravention liability is not a specific liability of environmental law, it has an important economic role and constitutes a serious means of prevention, contraventions sanctions being the most often applied in cases of non-compliance of environmental rules.

  9. Kidnapping Law Mapped Out

    Institute of Scientific and Technical Information of China (English)

    JENNIFER LIM

    1994-01-01

    THE Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals Who Abduct and Traffic in or Kidnap Women or Children (abbreviated to "Decision" in the following of the article), was adopted at the 21st Meeting of the Standing Committee of the Seventh National People’s Congress on September 4, 1991. As an important lawful document on the protection of the personal safety of women and children, its publica-

  10. 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 ...

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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

  16. 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.

  17. 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)

  18. 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.…

  19. Principles of the continental copyright law

    OpenAIRE

    Matveev A.

    2016-01-01

    It is known that there are two key copyright law traditions: English–American and Roman–Germanic copyright laws. The French and German copyright law is in the vanguard of the continental copyright law, with the copyright law of Russia being among the others in this copyright law system. However, the Russian copyright law has some specific characteristics. Copyright law is based on the defined principles. The purpose of the present article is to define the principles Continental Copyright Law....

  20. 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.

  1. 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

  2. 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...

  3. Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years...... of law (competition law)....

  4. 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…

  5. Problems in Policing Law Enforcement Revealed from Review of Complaint Cases on Review of Complainant-go-to-Beijing Cases of Yunnan Province%从云南省进京复访案件评查看公安执法工作存在的问题

    Institute of Scientific and Technical Information of China (English)

    王萍

    2012-01-01

    笔者联系参与云南省集中评查进京复访案件的工作实际,通过对信访疑难案件中存在问题及成因进行客观全面的分析阐述,结合当前开展的"四群教育"活动,就新形势下加强公安机关执法规范化建设及提高化解社会矛盾纠纷能力的对策措施进行了研究探讨。%With experiences learned from the concentrated review of complainant-go-to-Beijing cases by Yunnan Provincial government, through objective and comprehensive analysis of existing problems in compli- cated complaining cases and their causes, combined with currently carried-out "Four Guidelines on the Mas- ses" campaign, the writer studies and discusses that under new-era situation, how the police agency can strengthen their standardized construction of law enforcement and what measures they can adopt to improve their ability of resolving the social contradictions and disputes.

  6. General Anti-Avoidance Rule in Latvian Tax Law

    Directory of Open Access Journals (Sweden)

    Milana Belevica

    2016-03-01

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

  7. 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.

  8.   Exhaustion of Rights and Common Principles of European Intellectual Property Law

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2010-01-01

    of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

  9. Criticism on the urbanized trend of Chinese law research

    Institute of Scientific and Technical Information of China (English)

    DENG Zhenglai

    2006-01-01

    By referring to the phenomena of the ever intensifying consummation of anti-fake laws resulting in ever increasing inundation of faking cases,this article describes the correlation between the consumers'rights and the research on Chinese law.It is further pointed out that the relationship between the study of Chinese law and the protection of consumers'fights typically interprets the difficult situation of Chinese law research:On the one hand,Chinese law does not give the required attention to the protection of consumers'rights concerning people's health and life safety.Worse,all the discussions about the issues of consumers'fights are all oriented on serious urbanization tendency and departmental law science tendency,judging or measuring the concrete realities of consumers'fights in China based on the concepts of western laws.The specific time-and-space element of China endowing essential meanings in the research of consumers'fights in Chinese law as the base and evidence of research is eliminated,leaving the research of Chinese law in a distorted position in China.

  10. Power laws in Elections A Survey

    OpenAIRE

    2010-01-01

    Empirical power laws in general elections are surveyed in Brazil, Mexico, India, and with focal analysis in Indonesia. The diversity of preference dynamics in voter’s social network and the way multi-party systems to be in its critical conditions are responsible for this pushing around the evolution of political system at general. For the special case of Indonesia, we report the existing robustness for levels of legislative elections throughout 1999 to 2009. We show that the scale free phenom...

  11. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

    Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

  12. Russian Contract Law for Foreigners

    Directory of Open Access Journals (Sweden)

    Andrey Shirvindt

    2015-01-01

    Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.

  13. Conservation Laws with Dissipation,

    Science.gov (United States)

    1980-07-01

    smooth, due to the formation of shock waves. However, global solutions exist in the class of functions of bounded variation ,/in the sense of Tonelli...hyperbolic conservation law (2.2) ut + f(u)x -0 The Cauchy problem for (2.2), with initial data u(x,O), of bounded variation , admits a solution in the class...BV of functions of bounded variation ,.in the sense of Tonelli-Cesari. No gain would be made by assuming that u(x,O) is smoother, even analytic! In

  14. Essentials of EU law

    CERN Document Server

    Reinisch, August

    2012-01-01

    This book explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law.

  15. Market Sentiments Distribution Law

    Directory of Open Access Journals (Sweden)

    Jorge Reyes-Molina

    2016-09-01

    Full Text Available The Stock Exchange is basically ruled by the extreme market sentiments of euphoria and fear. The type of sentiment is given by the color of the candlestick (white = bullish sentiments, black = bearish sentiments, meanwhile the intensity of the sentiment is given by the size of it. In this paper you will see that the intensity of any sentiment is astonishingly distributed in a robust, systematic and universal way, according to a law of exponential decay, the conclusion of which is supported by the analysis of the Lyapunov exponent, the information entropy and the frequency distribution of candlestick size.

  16. The Law of Reflux

    OpenAIRE

    Sproul, Michael

    2010-01-01

    The law of reflux is explained using an example of backed money. In the example, government-issued money is backed by the government’s assets (mainly taxes receivable) while bank-issued money is backed by the bank’s assets. The value of both kinds of money is determined by the amount of backing held per unit of money issued. The example shows that reflux maintains money’s value, not by assuring that excessive issues of money reflux to their issuers, but by providing people with access to the ...

  17. An Economics-Based Second Law Efficiency

    Directory of Open Access Journals (Sweden)

    John H. Lienhard

    2013-07-01

    Full Text Available Second Law efficiency is a useful parameter for characterizing the energy requirements of a system in relation to the limits of performance prescribed by the Laws of Thermodynamics. However, since energy costs typically represent less than 50% of the overall cost of product for many large-scale plants (and, in particular, for desalination plants, it is useful to have a parameter that can characterize both energetic and economic effects. In this paper, an economics-based Second Law efficiency is defined by analogy to the exergetic Second Law efficiency and is applied to several desalination systems. It is defined as the ratio of the minimum cost of producing a product divided by the actual cost of production. The minimum cost of producing the product is equal to the cost of the primary source of energy times the minimum amount of energy required, as governed by the Second Law. The analogy is used to show that thermodynamic irreversibilities can be assigned costs and compared directly to non-energetic costs, such as capital expenses, labor and other operating costs. The economics-based Second Law efficiency identifies costly sources of irreversibility and places these irreversibilities in context with the overall system costs. These principles are illustrated through three case studies. First, a simple analysis of multistage flash and multiple effect distillation systems is performed using available data. Second, a complete energetic and economic model of a reverse osmosis plant is developed to show how economic costs are influenced by energetics. Third, a complete energetic and economic model of a solar powered direct contact membrane distillation system is developed to illustrate the true costs associated with so-called free energy sources.

  18. Challenges imposed by International Environmental Law to Classical International Law

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

    Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

  19. Symmetries and conservation laws for the wave equations of scalar statistical optics

    Energy Technology Data Exchange (ETDEWEB)

    Mitofsky, A M; Carney, P S [Department of Electrical and Computer Engineering and the Beckman Institute for Science and Technology, University of Illinois at Urbana-Champaign, 405 N Mathews Avenue, Urbana, IL 61801 (United States)

    2008-10-17

    The Lie method and Noether's theorem are applied to the double wave equations for the correlation functions of statistical optics. Generalizations of the deterministic conservation laws are found and seen to correspond to the usual laws in the deterministic limit. The statistically stationary wave equations are shown to contain fewer symmetries than for the nonstationary case, so the corresponding conservation laws differ from the conservation laws of the nonstationary, two-time, wave equations.

  20. Generalized Kirchhoff law

    CERN Document Server

    Greffet, Jean-Jacques; Brucoli, Giovanni; Sakat, Emilie; Marquier, François

    2016-01-01

    Thermal emission can be conveniently described using Kirchhoff law which states that the emissivity is equal to the absorptivity for isothermal bodies. For a finite size system, absorptivity is replaced by an absorption cross section. Here, we study the link between thermal emission and absorption by a finite size object which is not isothermal. We define a local absorption rate for a given incident plane wave and we prove that it is equal to the local emissivity rate. Hence, Kirchhoff law can be extended to anisothermal media. A practical consequence is the possibility of analysing thermal radiation by a variety of non-equilibrium systems such as microwave radiation in geophysical remote sensing or X-UV radiation by plasmas. This result provides a theoretical framework to analyse thermal emission by hot electrons in quantum wells, tunnel junctions or graphene. It paves the way to the design of a new generation of incandescent emitters made of subwavelength hot emitters coupled to cold antennas. The antennas ...

  1. The River Systems in Small Catchments in the Context of the Horton’s and Schumm’s Laws – Implication for Hydrological Modelling. The Case Study of the Polish Carpathians

    Directory of Open Access Journals (Sweden)

    Bryndal Tomasz

    2015-03-01

    Full Text Available In ungauged catchments, flood hydrographs are usually simulated/reconstructed by simple rainfall-runoff and routing models. Horton’s and Schumm’s ratios serve as the input data for many of these models. In this paper, more than 800 Carpathian catchments (up to 35.2 km2 in area were investigated in context of the “Horton’s and Schumm’s laws”. Results reveal that the “law of stream number” and “law of stream areas” are fulfilled in almost all catchments. The mean that values of the bifurcation ratio (RB and the area ratio (RA reach 3.8 and 4.8, respectively, and are thus comparable to values reported in other regions of the world. However, the “law of stream lengths” is not fulfilled in more than half of the catchments, which is not consistent with many theoretical studies reported in the literature. Only 383 (48% catchments fulfill the “law of stream length”, with the mean value of the length ratio (RL=2.3. There was no relationship found between the geological/geomorphological settings that influence river system development and the spatial distribution of catchments where the “law of stream length” was or was not was fulfilled. A similar conclusion was reached for the spatial distribution of the RB, RL, and RA ratios. These results confirmed that the use of Horton’s and Schumm’s ratios for the evaluation of the influence of geological/geomorphological settings on the river system development is limited. Among the lumped hydrological models, those requiring the RB, RL, and RA ratios have been extensively studied over last decades. This study suggests that the application of these models may be limited in small catchment areas; therefore, more attention should be placed on the development of hydrological models where the RB, RL, and RA ratios are not necessary.

  2. Applying Titius-Bode's Law on Exoplanetry Systems

    CERN Document Server

    Altaie, M B; Al-Sharif, A I

    2016-01-01

    We report the application of Titius-Bode's law on 43 exoplanetary systems containing four or more planets. Due to the fact that most of these systems have their planets located within compact regions extending for less than the semi-major axis of Mercury we found the necessity to scale down the Titius-Bode law in each case. In this short article we present sample calculations for three systems out of the whole set. Results show that all systems studied are verifying the applicability of the law with high accuracy. Consequently our investigation verifies practically the scale invariance of Titius-Bode law. The results of this study buildup the confidence in predicting positions of the exoplanets according to Titius-Bode's law besides enabling diagnosing possible reasons of deviations.

  3. Interdisciplinary Success Of Law And Economy: Economic Analysis Of Law

    Directory of Open Access Journals (Sweden)

    Ivana Barković

    2009-07-01

    Full Text Available Economic analysis of law defines as an application of economic theory and economic methods in studies of forming, structure, process and influence of the law and legal institution. Although many comment that it is the question of a new scientific discipline or contemporary intellectual movement, the economic analysis of law reaches even the classics of economic thought Adam Smith and David Hume but the real recognition of the analysis was the publishing of the famous article of Ronald Coase (1960 “Problem of Public Expense” . Here he discusses how the incentives for damage reduction and various negativities come from the allocation of property rights. The aim of this work is to present an economic analysis of law as an interdisciplinary success of two great fields – law and economy, i.e. to present the way on which economy helps to understand law in a new way. Realizing it, the economy uses mathematically precise theories (e.g. price theory, game theory etc. and empirically firm methods (statistics and econometrically to analyse the impact of prices, i.e. of sanctions on behaviour. The article shows basic economic analyses of law which especially cite the contract law and balance law.

  4. INDIRECT INFLUENCE OF COMMUNITY LAW OVER NATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2009-12-01

    Full Text Available The problem of influence of Community law over national criminal law is difficult to be solved even now, because criminal law is very closely related to state sovereignty. However, at European level it is a series of unifying trends in the field of criminal law. This includes: the Corpus Juris Project to develop a number of guiding principles on the protection through criminal law of financial interests of EU, within the European judiciary space; the project of founding a European Prosecutor , which would have extended jurisdiction over the entire European judicial area; at the doctrinaire level the project called ”The Criminal Code of the European Union ” result of encoding the provisions relevant for the Community criminal law and published likewise. Romanian criminal law could not remain outside these trends and this paper reveal some internal acts that reflect the trends observed at European level. Some of this acts have a direct influence, and some of them an indirect influence. An example is represented by art. 3022 of the Romanian Penal Code, which, in the basic variant, besides any operations regarding the import of wastes and residue of any kind or other dangerous goods for public health and environment, incriminates the placing or transit operations on the country without observing the laws. In this text, the phrase "without observing the laws" must be reported to both national regulations and international legal instruments.

  5. Competing Transnational Regimes under WTO Law

    Directory of Open Access Journals (Sweden)

    Carola Glinski

    2014-02-01

    Full Text Available Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as “international standards” under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to “international standards” in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant “international standard” may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.

  6. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  7. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined and furt......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  8. EU Food Health Law

    DEFF Research Database (Denmark)

    Edinger, Wieke Willemijn Huizing

    and rational dietary choices on the basis of the food information provided on food labels or generally available in society. In recent years, the EU legislative has shown increased commitment to further empower consumers in pace with the advancement of modern manufacturing and advertising techniques......This thesis shows that the distinction between food safety and non-safety issues in Regulation (EC) No 178/2002, the General Food Law (GFL), results in a grey area of regulation. This grey area comprises foods that do not pose a food safety risk in a legal sense, but that could pose a threat...... to human health because of other factors, such as their nutritional composition. The growing prevalence of obesity and non-communicable diseases are examples of contemporary health challenges that are difficult to fit into the rather narrow concept of food safety risks in the GFL. The conclusion is that EU...

  9. Three Laws of Robotics

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    经典的机器人三大定律,来自于科幻之父阿西莫夫的名著《I,Robot》The late Isaac Asimov(1920—1992),the prolific author of science fictionand books popularizing science,claimed credit for"robotics"as a term for thescience and technology of robots.In his 1942 sci-fi story"Runaround,"Asimovstated the ethical guidelines he called the"Three Laws of Robotics":1.A robot must not injure a human being,or,through inaction,allow a hu-man being to come to harm.2.A robot must obey the orders given it by human beings except wherethose orders would ...

  10. Law Tackling Administrative Monopolies

    Institute of Scientific and Technical Information of China (English)

    WAN LIXIN

    2006-01-01

    @@ The long-anticipated anti-monopoly law needs to better address the crucial distinction between administrative and economic monopolies The first five months of 2oo6 saw a surge in the profits achieved by key State enterprises, especially in the eight sectors including petroleum, telecommunication and electricity, which achieved 285 billion yuan (US$36 billion) in profits, accounting for about 86 percent of the total, according to a July report. From the Stateowned Assets Supervision and Administration Commission of the State (SASAC). This news was both heartening and disquieting, for the most profitable sectors happen to be monopolistic enterprises, mostly upstream the production chain, who achieve their profitability at the expense of those companies further downstream. For years these sectors have been at the centre of the "bust-the-trust" storm.

  11. Nanoplasmonics beyond Ohm's law

    CERN Document Server

    Mortensen, N A; Raza, S; Stenger, N; Yan, W; Jauho, A -P; Xiao, S; Wubs, M

    2012-01-01

    In tiny metallic nanostructures, quantum confinement and nonlocal response change the collective plasmonic behavior with important consequences for e.g. field-enhancement and extinction cross sections. We report on our most recent developments of a real-space formulation of an equation-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 of applying the nonlocal framework to calculation of extinction cross sections and field enhancement in isolated particles, dimers, and corrugated surfaces.

  12. Spatiality of environmental law

    DEFF Research Database (Denmark)

    Baaner, Lasse; Hvingel, Line

    2015-01-01

    , examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from......Digital society challenges the traditional perception of legal sources. The use of maps as a basis for public administration dates far back, but e-Government’s use of digital maps that include legal information creates new legal obstacles. In the coming decades, the inspire directive of 2007...... will determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand...

  13. The Interface Between EU Competition Law and Standard Essential Patents

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    2015-01-01

    In this paper the recent ECJ judgment in Huawei is discussed in light of the earlier case law from the EU and the US. The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to if, when and on what terms access to so-called Standard Essential Patents...... would be granted under EU antitrust law. However, the question is whether Huawei is that case. On the contrary, it seems that the ECJ ruling gives room for speculation even in reference to core issues, some of which are dealt with in this paper....

  14. Corporate Mobility and Company Law

    OpenAIRE

    Ferran, Eilís

    2016-01-01

    Globalisation has given commercial parties more freedom to choose the company law system that best suits their private needs. The growing range of techniques to facilitate choice between systems of company law reshapes the mandatory/enabling debate in countries where corporate mobility is a relatively new business phenomenon and where the past focus has mostly been on degrees of flexibility within domestic law. This article examines relocations, both out of and into the UK, as a source of lea...

  15. Law system and legislation system

    OpenAIRE

    Boshno, Svetlana

    2013-01-01

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

  16. Evidence Assessment in Refugee Law with Stories and Arguments

    NARCIS (Netherlands)

    Bex, F.J.; Bex-Reimert, Viola

    2016-01-01

    In this article, we aim analyse whether a systematic method for reasoning with evidence in legal cases – the hybrid theory of stories and arguments – can be applied to a novel legal domain, namely European asylum law. This analysis serves as a case study for testing the applicability of the hybrid t

  17. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

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

  18. Morality, care, and international law

    Directory of Open Access Journals (Sweden)

    Virginia Held

    2011-09-01

    Full Text Available Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking of Kant, Locke, and Rawls, among others and shows how arguments against respect for international law can be answered. It questions arguments based on the analogy between states and individuals, and between international law as it has developed and law based on an ideal social contract between individuals. It then turns to the ethics of care, a recent addition to moral theory, and examines its major characteristics and recommendations. It considers how the ethics of care would view international law and the guidance this moral approach could provide for international relations. The article shows how the ethics of care is compatible with various current trends, and how thinking about globalization and greater international interdependence would benefit from greater attention to it. The article argues that the ethics of care would clearly support respect for international law as it has developed, but that it would even more strongly support addressing current problems in ways that would, in the longer term, make appeals to law and its enforcements ever less necessary.

  19. Eliminating mental disability as a legal criterion in deprivation of liberty cases: The impact of the Convention on the Rights of Persons With Disabilities on the insanity defense, civil commitment, and competency law.

    Science.gov (United States)

    Slobogin, Christopher

    2015-01-01

    A number of laws that are associated with deprivations of liberty, including the insanity defense, civil commitment, guardianship of the person and numerous competency doctrines in the criminal context, require proof of mental disability as a predicate. The Convention on the Rights of Persons With Disabilities commands signatory states to eliminate that predicate. Summarizing principles set out in my book Minding Justice: Laws That Deprive People With Mental Disability of Life and Liberty, I explain how this seemingly radical stance can be implemented. Specifically, this article proposes adoption of an "integrationist defense" in the criminal context, an "undeterrability requirement" when the state seeks preventive detention outside of the criminal process, and a "basic rationality and self-regard test" for incompetency determinations. None of these proposals requires proof of a mental disorder as a predicate condition.

  20. 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. London, Boston : Martinus Nijhoff Publishers

    Index Scriptorium Estoniae

    Riismandel, Väino Johan, 1920-

    2005-01-01

    V. J. Riismandeli ülevaade Tartu Ülikooli õigusteaduskonna rahvusvahelise õiguse dotsendi Lauri Mälksoo tööst, mida viimane kaitses väitekirjana doctor iuris'e kraadi saamiseks Berliini Humboldti ülikoolis. Väino J. Riismandel Mag. iur. (Tartu Ülikool); M.C.L., LL.M. (George Washington Law School) District of Columbia advokatuuri liige, USA endine föderaalhalduskohtu kohtunik ja endine mereväeminsteeriumi juriskonsult

  1. Systematic harmonic power laws inter-relating multiple fundamental constants

    Science.gov (United States)

    Chakeres, Donald; Buckhanan, Wayne; Andrianarijaona, Vola

    2017-01-01

    Power laws and harmonic systems are ubiquitous in physics. We hypothesize that 2, π, the electron, Bohr radius, Rydberg constant, neutron, fine structure constant, Higgs boson, top quark, kaons, pions, muon, Tau, W, and Z when scaled in a common single unit are all inter-related by systematic harmonic powers laws. This implies that if the power law is known it is possible to derive a fundamental constant's scale in the absence of any direct experimental data of that constant. This is true for the case of the hydrogen constants. We created a power law search engine computer program that randomly generated possible positive or negative powers searching when the product of logical groups of constants equals 1, confirming they are physically valid. For 2, π, and the hydrogen constants the search engine found Planck's constant, Coulomb's energy law, and the kinetic energy law. The product of ratios defined by two constants each was the standard general format. The search engine found systematic resonant power laws based on partial harmonic fraction powers of the neutron for all of the constants with products near 1, within their known experimental precision, when utilized with appropriate hydrogen constants. We conclude that multiple fundamental constants are inter-related within a harmonic power law system.

  2. Gun laws and the involuntarily committed: a California road map.

    Science.gov (United States)

    Zahedi, Sohrab; Burchuk, Robert; Stone, David C; Kopelowicz, Alex

    2009-01-01

    The 2007 incident at Virginia Tech brought the question of gun ownership by the mentally ill to the forefront of public attention. Moreover, it underscored the potentially devastating consequences of the imperfect connection between federal and state laws that apply to the right of gun ownership by a psychiatric patient. The laws are complex, and, as demonstrated in this article, conflicting. We present a case report of an involuntarily committed patient in the state of California, and discuss details of state and federal laws that applied to him.

  3. A novel study on Kepler’s law and inverse square law of gravitation

    Science.gov (United States)

    Zhang, Bingzhan; Zhen, Shengchao; Zhao, Han; Huang, Kang; Deng, Bin; Chen, Ye-Hwa

    2015-05-01

    The Udwadia-Kalaba equation is a simple, aesthetic, and thought-provoking description of the world at a very fundamental level. It is about the way systems move. In this paper, we creatively apply the Udwadia-Kalaba approach to study heavenly bodies’ movements (especially on Kepler’s law and the inverse square law of gravitation). In an alternative way, we show that a heavenly body’s motion orbit can be an ellipse, a circle, a hyperbola, or a parabola and show the conservation of angular momentum. Furthermore, by applying the Udwadia-Kalaba approach, we use the constraint of motion orbit (ellipse, circle, hyperbola, or parabola) and the conservation of angular momentum constraint (or energy conservation constraint) and easily verify that any heavenly body’s motion complies with the inverse square law of gravitation. That is, we study Kepler’s law and Newton’s inverse square law in an analytical way, which makes the dynamicist more clear about the way heavenly bodies move and also makes the celestial mechanician more clear about the analytical mechanics (the Udwadia-Kalaba approach). Furthermore, for the students of dynamics and celestial physics, a different unique perspective is provided for them to study. At the end, we present the detailed process of applying the Udwadia-Kalaba approach to two imaginary cases to show its simplicity and efficiency.

  4. Discontinuous Galerkin Method for Hyperbolic Conservation Laws

    KAUST Repository

    Mousikou, Ioanna

    2016-11-11

    Hyperbolic conservation laws form a special class of partial differential equations. They describe phenomena that involve conserved quantities and their solutions show discontinuities which reflect the formation of shock waves. We consider one-dimensional systems of hyperbolic conservation laws and produce approximations using finite difference, finite volume and finite element methods. Due to stability issues of classical finite element methods for hyperbolic conservation laws, we study the discontinuous Galerkin method, which was recently introduced. The method involves completely discontinuous basis functions across each element and it can be considered as a combination of finite volume and finite element methods. We illustrate the implementation of discontinuous Galerkin method using Legendre polynomials, in case of scalar equations and in case of quasi-linear systems, and we review important theoretical results about stability and convergence of the method. The applications of finite volume and discontinuous Galerkin methods to linear and non-linear scalar equations, as well as to the system of elastodynamics, are exhibited.

  5. Experimental Verification of Boyle's Law and the Ideal Gas Law

    Science.gov (United States)

    Ivanov, Dragia Trifonov

    2007-01-01

    Two new experiments are offered concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments, glass tubes, water, a syringe and a metal manometer are used. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their…

  6. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing…

  7. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing knowledge over…

  8. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

  9. Public health law research: exploring law in public health systems.

    Science.gov (United States)

    Ibrahim, Jennifer K; Burris, Scott; Hays, Scott

    2012-11-01

    The importance of law in the organization and operation of public health systems has long been a matter of interest to public health lawyers and practitioners, but empirical research on law as a factor in health system performance has been limited in quantity and sophistication. The emergence of Public Health Law Research and Public Health Systems and Services Research within a coordinated effort to strengthen public health research and practice has dramatically changed matters. This article introduces Public Health Law Research as an integral part of Public Health Systems and Services Research, discusses the challenges of integrating the 2 fields, and highlights 2 examples of current research that demonstrate the benefits of an integrated approach to improve the use of law in public health practice.

  10. AFRIFORUM V Malema: The Limits of Law and Complexity

    Directory of Open Access Journals (Sweden)

    Nico Buitendag

    2014-12-01

    Full Text Available The Afriforum v Malema 2011 6 SA 240 (EqC case drew considerable attention in the media and in the public discourse. The purpose of this note is to reflect upon the judgment from a theoretical vantage point. More specifically, by reading the judgment through an autopoietic systems theory lens, some points of criticism on the judgment in particular and the law in general become apparent. It is contended that the judgment illustrates how law necessarily excludes the factual complexity of a case, first by deciding which are the only facts legally relevant, and then second by reducing their meaning to a simple judgment of legal or illegal. Since law recognises only legal communication, this function means that the communication and identity are removed from legal subjects and given legal meanings. An attempt is made to open law to considerations external to what it traditionally considers to be relevant to its operation. The problem that law excludes facts it deems irrelevant is addressed through the introduction of a third value whereby to measure the legal and illegal, namely justice. Through asking if its judgments of legal or illegal are just, law becomes capable of reflexive self-observation. In this manner the very complex historical and narrative trappings of the case at hand do not need to be excluded as they are in the judgment. Rather than absolute, binary judgments, a slower, reflective engagement that makes modest claims is supported.

  11. Extended constitutive laws for lamellar phases

    Directory of Open Access Journals (Sweden)

    Chi-Deuk Yoo

    2013-10-01

    Full Text Available Classically, stress and strain rate in linear viscoelastic materials are related by a constitutive relationship involving the viscoelastic modulus G(t. The same constitutive law, within Linear Response Theory, relates currents of conserved quantities and gradients of existing conjugate variables, and it involves the autocorrelation functions of the currents in equilibrium. We explore the consequences of the latter relationship in the case of a mesoscale model of a block copolymer, and derive the resulting relationship between viscous friction and order parameter diffusion that would result in a lamellar phase. We also explicitly consider in our derivation the fact that the dissipative part of the stress tensor must be consistent with the uniaxial symmetry of the phase. We then obtain a relationship between the stress and order parameter autocorrelation functions that can be interpreted as an extended constitutive law, one that offers a way to determine them from microscopic experiment or numerical simulation.

  12. Notes on conservation laws in chiral hydrodynamics

    CERN Document Server

    Zakharov, V I

    2016-01-01

    We consider chiral fluids within the standard framework of a chiral-invariant underlying field theory, anomalous in presence of electromagnetic fields. Apart from the Noether axial current of the underlying theory, in the limit of ideal fluid there exist extra conserved currents, corresponding to classical helical motions. The extra conservation laws are known to break down once viscosity is non-vanishing. Which looks puzzling, as if introduction of viscosity were inconsistent with chiral invariance. As a resolution of the puzzle, we argue that locally one can introduce an inertial frame where an extra conservation law still holds. In other words, the extra currents are covariantly conserved. The emergent gravitational field is determined by dynamics of the viscous fluid. We turn then to instabilities of chiral plasma against decays into helical magnetic or vortical configurations. We emphasise similarity between the two cases in the far infrared region, responsible for the decays. This similarity is not appa...

  13. Fighting Hate Speech through EU Law

    Directory of Open Access Journals (Sweden)

    Uladzislau Belavusau

    2012-02-01

    Full Text Available

    This article explores the rise of the European ‘First Amendment’ beyond national and Strasbourg law, offering a fresh look into the previously under-theorised issue of hate speech in EU law. Building its argument on (1 the scrutiny of fundamental rights protection, (2 the distinction between commercial and non-commercial speech, and, finally, (3 the looking glass of critical race theory, the paper demonstrates how the judgment of the ECJ in the Feryn case implicitly consolidated legal narratives on hate speech in Europe. In this way, the paper reconstructs the dominant European theory of freedom of expression via rhetorical and victim-centered constitutional analysis, bearing important ethical implications for European integration.

     

  14. Effects of Conceptual Knowledge and Availability of Information Sources on Law Students' Legal Reasoning

    Science.gov (United States)

    Nievelstein, Fleurie; van Gog, Tamara; Boshuizen, Henny P. A.; Prins, Frans J.

    2010-01-01

    Due to the complexity of the legal domain, reasoning about law cases is a very complex skill. For novices in law school, legal reasoning is even more complex because they have not yet acquired the conceptual knowledge needed for distilling the relevant information from cases, determining applicable rules, and searching for rules and exceptions in…

  15. Economics of mining law

    Science.gov (United States)

    Long, K.R.

    1995-01-01

    Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

  16. Oscillatory and Power-law Mass Inflation in Non-Abelian Black Holes

    CERN Document Server

    Galtsov, D V; Zotov, M Yu

    1997-01-01

    Interior structure of non-Abelian black holes is shown to exhibit in a general case either an oscillating mass-inflationary behavior, or power-law behavior with a divergent mass function. In both cases no Cauchy horizon forms.

  17. International school of nuclear law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2003-01-01

    This is a report about the second International School of Nuclear Law (ISNL) held in Montpellier, France, on August 26 to September 7, 2002, by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  18. International School of Nuclear Law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2004-12-01

    This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  19. International Law and Military Operations

    Science.gov (United States)

    2008-01-01

    Crimes Under Flags of Convenience: In a Depressed Shipping Market, Poor Nations Sell Flags for Criminal Ventures, 127 MARITIME STUDIES, Nov.-Dec...Planck Institute for International Law at Heidelberg (Germany), a Meltzer Visiting Professor of Inter- national Law at New York University and a

  20. Methodology of Law and Economics

    NARCIS (Netherlands)

    A.M. Pacces (Alessio Maria); L.T. Visscher (Louis)

    2011-01-01

    textabstractIntroduction A chapter on the methodology of law and economics, i.e. the economic analysis of law, concerns the methodology of economics. The above quote (Becker 1976, 5) shows that economics should not be defined by its subject, but by its method (also Veljanovski 2007, 19). This method

  1. Critical Introduction To Natural Law

    Directory of Open Access Journals (Sweden)

    Esteban Javier Mosquera Cabrera

    2013-01-01

    Full Text Available This review provides a comparison between the different editions of the famous work of Hervada, discussed here. The outcome of this analysis arise five new hermeneutical rules that analyze how to interpret positive law or agreement that eventually undermine the natural law. It is also evident that the principles proposed by Hervada are a good basis for general legal hermeneutics.

  2. Law and Morals. Prolegomena (II

    Directory of Open Access Journals (Sweden)

    Nicolae V. DURĂ

    2011-11-01

    Full Text Available In the pages of this study we have emphasized the relation between Law and Morals, between what is just and in just, talking thus not only about the nature of the Law and of the Morals, but also about the relation between the juridical norms and the moral principles. An evaluation of the historical process of the emergence of Law and Morals – be it brief – has enabled us to notice that the Law has evolved step by step from the Moral norms and from the customs of a moral nature, hence the conclusion that the positive juridical norms should also express, in their content, values of a moral nature. In fact, from an ontological point of view, between Law and Morals could not be a divorce, since the notions of “righteousness” and of “justice” themselves are categories of Morals. That is why the theory of juridical positivism, according to which the rule of Law can exist in the absence of Morals since the state is the only source of Law, has no credibility both from a historical and philosophical and from a juridical point of view. Finally, the increasingly higher interest of the philosophers and jurists of our time to perceive and express the content of the nature of Law adequately and, ipso facto, the relation between this one and Morals, was also determined by the international and European legislation regarding the human fundamental rights and liberties.

  3. Interpretation of the Omori Law

    CERN Document Server

    Guglielmi, Anatol V

    2016-01-01

    The known Omori law is presented in the form of differential equation that describes the evolution of the aftershock activity. This equation is derived hypothetically with taking into account deactivation of the faults in epicentral zone of the main shock. A generalization of the Omori law is proposed.

  4. Constitutional Law and Liberal Education.

    Science.gov (United States)

    Clor, Harry

    1985-01-01

    By studying constitutional law, students learn about the relationship between democratic theory and practice, one of the main concerns of liberal education. The mind is enlarged when it must apply ethical standards and political ideas to real human problems. How a political science professor teaches constitutional law is discussed. (RM)

  5. Advanced Introduction to Private Law

    NARCIS (Netherlands)

    Smits, Jan

    2017-01-01

    In this Advanced Introduction, the reader is taken on an intellectual journey through the different facets and dimensions of private law, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenti

  6. Social Change and Criminal Law

    Science.gov (United States)

    Jeffery, C. Ray

    1970-01-01

    The impact of urbanization on criminal law and the extension of law into the area of morality (value systems) are discussed in terms of social control via punishment and deterrence. The impact of the social sciences (psychotherapy, sociology, behavioral science) is covered in terms of social control via rehabilitation and environmental…

  7. Anisotropic Power-law Inflation

    CERN Document Server

    Kanno, Sugumi; Watanabe, Masa-aki

    2010-01-01

    We study an inflationary scenario in supergravity model with a gauge kinetic function. We find exact anisotropic power-law inflationary solutions when both the potential function for an inflaton and the gauge kinetic function are exponential type. The dynamical system analysis tells us that the anisotropic power-law inflation is an attractor for a large parameter region.

  8. Relativistic covariance of Ohm's law

    CERN Document Server

    Starke, R

    2014-01-01

    The derivation of relativistic generalizations of Ohm's law has been a long-term issue in theoretical physics with deep implications for the study of relativistic plasmas in astrophysics and cosmology. Here we propose an alternative route to this problem by introducing the most general Lorentz covariant first order response law, which is written in terms of the fundamental response tensor $\\chi^\\mu_{~\

  9. Reflections on international medical law.

    Science.gov (United States)

    Wattad, Mohammed S; Hrevtsova, Radmyla Yu

    2011-12-01

    Does international medical law exist, in the first place, as an independent area of study? If so, is it urgently required in an era of comparative studies? Namely, to what extent, if at all, international studies differ from comparative ones? Besides, what are the particular characteristics of such international discipline? Namely, what are the particular features of this field that elaborate on our legal and scientific understanding in sketching possible definition for this notion of "international medical law?" In addition, how does international medical law correlate with health, ethics and health policies in our globalized world? And finally, what are the challenges that might face the international community, once the concept of "international medical law" is acknowledged? This papers aims at establishing the conceptual grounds for these questions, thus calling for the acknowledgment of a new field of study described as "international medical law".

  10. On the ideal gas law

    CERN Document Server

    Arnaud, Jacques; Philippe, Fabrice

    2011-01-01

    When a cylinder terminated by a piston, containing $N$ corpuscles, and with height $h$ is raised at temperature $\\theta$, the force that the corpuscles exerts on the piston is, to within constant factors: $F=N\\,\\theta/h$. This law, called the "ideal gas law", is valid at any temperature (except at very low temperatures when quantum effects are significant) and for any collection of corpuscles, in a space of arbitrary dimensions. It is usually derived under the assumption that the temperature is proportional to the corpuscle's kinetic energy. We show that this law rests only upon the democritian concept of corpuscles moving in vacuum, postulating that it is independent of the law of motion. This view-point puts aside restrictive assumptions that are sources of confusion. The present paper should accordingly facilitate the understanding of the physical meaning of the ideal gas law. The mathematics is elementary.

  11. Discovering Natural Laws by Reduction

    Institute of Scientific and Technical Information of China (English)

    吴轶华

    1989-01-01

    A polynomial algorithm.called Reduction,is presented to discover natural laws by analysing a set of experimental data.instead of a heuristic exploration which,when adopted in BACON,can only lead to rediscovering simple laws.A complex law with multiple variables involved can be discovered by reducing it to a search.This search is so efficient that it does not need any backtracking and is able to cover most of possible laws.A reduction-based discovery system,called DISCOVER 2.0,was developed with a flexible knowledge base and an ability of dealing with imperfect data.The system has been verified to be valid computationally,practically,and theoretically,by discovering a great number o complex laws,and can be also viewed as a leaming engine embodied in any intelligent systems to improve their performance by obtaining a general rule from the accumulated data.

  12. The Reorganization Law in Poland

    Directory of Open Access Journals (Sweden)

    Rafał ADAMUS

    2012-03-01

    Full Text Available The aim of this paper is to present general remarks of the legal structure of the Polish reorganization law. This is a completely new institution in Poland. The Act of 28 February 2003 the Bankruptcy and Reorganization Law (J.L. No 60, item 535 as amended, the articles 492 - 521 b.r.l. is the main source of law in the commented matter. The idea of the Polish regulation derives from the Chapter 11 of the Bankruptcy Code of the United States. The statistics of the usage of the reorganization proceedings in Poland are not very impressive. In this respect some critics maintain that the legislative experiment called “reorganization proceedings” is unsuccessful. Nevertheless the Reorganization Law is a very important figure in the Polish commercial law. Reorganization proceedings seriously differ from bankruptcy proceedings

  13. Twentieth Century Internationalism in Law

    DEFF Research Database (Denmark)

    Spiermann, Ole

    2007-01-01

    The 20th century saw the transformation of international law into a legal discipline concerned with the practical  application of law. It was fuelled by a manifold variety of treaties, procedures and institutions. Still, international lawyers persisted in conceiving and judging their discipline...... against a background coloured by national legal traditions. International lawyers did not overcome the optimist and evolutionary tradition based on the assumption that international law is but an ever closer approximation of national legal systems; nor did lawyers escape the fl ip side of this tradition......, i.e., doubt and insecurity about international law and its basis. Rather than facilitating international law as a practical discipline, a superfi cial understanding of internationalism reinforced fetishisms of the discipline's theoretical past, not least the axiom that states only are proper...

  14. Hack's Law: Sinuosity, convexity, elongation

    Science.gov (United States)

    Willemin, James H.

    2000-11-01

    Hack's law, an empirical, power law relationship between drainage basin area and the length of the main stream channel, has long been taken to imply that drainage basins become more elongate (relatively longer and narrower) with increasing basin size. A study of the geometry of 38 basins from three distinct geomorphic settings shows that this geometric interpretation of Hack's law is only occasionally true: Even though Hack's power law relationship holds between basin area and main channel length, these basins do not necessarily become more elongate with increasing size. Rather, Hack's law is an expression of a balance between changes in basin shape and changes in channel planform geometry. For the basins in this study, changes in channel sinuosity play the most important role in this balance; changes in basin shape are far less regular. Local conditions appear to determine the partitioning of importance between changes in basin shape and channel sinuosity.

  15. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

  16. Mining and radiation protection law

    Energy Technology Data Exchange (ETDEWEB)

    Bischof, W.

    1986-01-01

    The article deals with the hazards of ionising radiation in the mining sector for the mining employees, the neighbouring population and the environment, with regard to prospecting, mining and processing radioactive ores. Due attention must also be paid to stockpiles, radioactive waste and imports of radioactive minerals. International radiation protection laws are to be applied on the basis of Euratom, IAEA, OECP/NEA and ICRP. The national law to be applied is Basic Law, Atomic Energy Law, and the Radiation Protection Ordinance of 1976. This law includes all activities having to do with mining of radioactive minerals, transport, imports and exports and waste management. Last not least, questions concerning the supervision carried out by the state and the administration are dealt with. (HSCH).

  17. Scaling Laws in Human Language

    CERN Document Server

    Lu, Linyuan; Zhou, Tao

    2012-01-01

    Zipf's law on word frequency is observed in English, French, Spanish, Italian, and so on, yet it does not hold for Chinese, Japanese or Korean characters. A model for writing process is proposed to explain the above difference, which takes into account the effects of finite vocabulary size. Experiments, simulations and analytical solution agree well with each other. The results show that the frequency distribution follows a power law with exponent being equal to 1, at which the corresponding Zipf's exponent diverges. Actually, the distribution obeys exponential form in the Zipf's plot. Deviating from the Heaps' law, the number of distinct words grows with the text length in three stages: It grows linearly in the beginning, then turns to a logarithmical form, and eventually saturates. This work refines previous understanding about Zipf's law and Heaps' law in language systems.

  18. PUBLIC LAW AS A VICTIM OF THE ECONOMY

    Directory of Open Access Journals (Sweden)

    MARIUS VACARELU

    2011-04-01

    Full Text Available Every day of 2009 has a common speech: economic crisis and its consequences, not only in economic topics, but also in few others domains, connected with the real economy.However, in this public speech, it was a problem: we must find a guilty element, because it must be someone who was not able to function correct, to not respect some rules that was good many years, but not in first years of 21st century. And, as always, every specialist and whole political class offered an answer. But this is not enough: a crisis has not only causes, but t has its victims.The globalization was one of them; human rights – in few states, young generation is a perpetual victim. In legal branch, the consequences were much simple: private law (banking law and commercial law didn’t suffer too much, but public law – because whole eyes were settled in this direction – felt this pressure. State intervention in the economy was considered not really political correct, not really a benefit for economies, but something necessary. In fact, public law was considered only a reserve. In this case, can we speak about a delegitimization of public law? Is the purpose of public law available for 21st century or it become now only a simple reserve, necessary only to solve the “side-slip” of the private law? And, because the connection between private law and the economy is too strong, can we see now the public law as a victim of the economy?

  19. Finance Law Reviews

    Science.gov (United States)

    Journal of Education Finance, 1975

    1975-01-01

    Reviews recent state and federal court decisions dealing with issues relevant to educational finance. Within the broad area of elementary-secondary education, specific cases involve allocation of federal school aid, fees charged by public schools for textbooks and instructional materials, property acquisition and school construction, and…

  20. Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

    NARCIS (Netherlands)

    Leenes, R.E.; Lucivero, F.

    2015-01-01

    Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of fu