This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)
Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...
This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel
This paper gives and analyses three examples of case law: decision rejecting application to close down Tomari nuclear power plant (Japan); judgement by the Supreme Administrative Court on the closing of Barsebaeck (Sweden); litigation relating to the Department of Energy's obligations under the Nuclear Waste Policy Act to accept spent nuclear fuel and high-level radioactive waste (United States). (A.L.B.)
This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain
This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant; 2 - Poland: Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository (2015); 3 - United States: Commission authorises issuance of construction permit for the Shine Medical Isotope Facility in Janesville, Wisconsin; 4 - United States: Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas
This section of the Bulletin brings together the texts of the following case laws: Canada: - Judgment of the Federal Court of Canada sending back to a joint review panel for reconsideration the environmental assessment of a proposed new nuclear power plant in Ontario. France : - Conseil d'etat, 24 March 2014 (Request No. 358882); - Conseil d'etat, 24 March 2014 (Request No. 362001). Slovak Republic: - Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; - Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. United States: - Initial Decision of the Atomic Safety and Licensing Board Ruling in Favour of Nuclear Innovation North America, LLC (NINA) Regarding Foreign Ownership, Control or Domination
This chapter gathers three case laws, one concerning France and the two others concerning the United States. France - Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant: On 9 March 2011, the administrative court in Strasbourg confirmed the government's rejection to immediately close the Fessenheim nuclear power plant, the first unit of which started operation on 1 January 1978. The court rejected the motion of the 'Association trinationale de protection nucleaire' (ATPN) filed against the decision of the Minister of Economy, Industry and Employment to refuse the final shutdown of the plant. The group, which brings together associations as well as French, German and Swiss municipalities, had taken legal action in December 2008. United States - Case law 1 - Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities: This case concerns 1) the public's right to access classified and sensitive security information relied upon by the US Nuclear Regulatory Commission (NRC) in its environmental review; and 2) the sufficiency of the NRC's environmental review of the impacts of terrorist attacks for a proposed Independent Spent Fuel Storage Installation (ISFSI). In 2003, the NRC ruled that the National Environmental Policy Act (NEPA) did not require the NRC to consider the impacts of terrorist attacks in its environmental review for the proposed ISFSI at the Diablo Canyon Power Plant. ' NEPA mandates that all federal agencies must prepare a detailed statement on the environment impacts before undertaking a major federal action that significantly affects the human environment. In 2004, the San Luis Obispo Mothers for Peace, a group of individuals who live near the Diablo Canyon Power Plant, filed a petition in the US Court of Appeals for the Ninth Circuit challenging the NRC's 2003 decision. The
Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism
This section treats of the following case laws sorted by country: 1 - Germany: Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a 'moratorium' imposed by the Government was unlawful; List of lawsuits in the nuclear field. 2 - Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. 3 - United States: Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy's construction authorisation application for the Yucca Mountain high-level radioactive waste repository; Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility; Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident
This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak
This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction
This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant
Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)
This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)
Canada: Brunswick News Inc. versus Her Majesty the Queen in the Right of the Province of New Brunswick denying release of nuclear power feasibility study: A superior court in Canada has made an important decision with regard to freedom of information legislation and protection of confidential commercial information. It denied a provincial newspaper company access to a feasibility study concerning the construction of a second nuclear power reactor in New Brunswick. U.S.A.: In the Court of federal Claims, plaintiffs Carolina Power and Light Company and Florida power corporation (collectively Progress Energy) claimed damages of U.S.D. 91 029 704 from defendant U.S. Department of Energy (D.O.E.), under the terms of D.O.E. standard contract for Disposal of spent nuclear fuel and/or high level waste. D.O.E. liability was previously established and the amount of damages was the sole issue in this case.Germany: in 2005, the federal Ministry for the Environment, Nature Conservation and Nuclear Safety (B.M.U.) instructed the regulatory and supervisory body of the federal state Baden-Wurtemberg to issue an order, which required the operator to shut its plant, without delay or further orders, in case of not obviously insignificant non-compliance with technical limits, measures or other specific safety-related requirements deemed to control incidents. The operator was further required to inform the regulatory and supervisory body immediately if it was no longer able to demonstrate the controllability of design basis accidents. In the judgement of the Federal Administrative court, the instruction to stop operation is too ambiguous since it does not specify with technical criteria should compel operators to shut their reactors.The court rules that, in compliance with the principle that administrative decisions must be precise, clear and unambiguous, an order to terminate operations must clearly state when and for what reasons an operator has this duty. a global obligation to
Concerning the France, the judgement of the European Court of Human Rights on the Right to a fair Trial, in the litigation Collectif Stop Melox and Mox versus France (2007) and the decision of the Council of State Quashing a decree concerning a nuclear installation in Brennilis, for the want of public information and consultation (2007) are reported. For South Africa, the judgment of the Cape High Court in the case of Mc donald and others versus Minister of Minerals and Energy and others (2007) is reported. United Kingdom states the decision of the Wick Sheriff Court Fining UKAEA for plutonium exposure (2007). Concerning Usa the judgment of the US Court of Appeals on environment Analysis of the effects of terrorism (2006) and the vacatur of US Court of Federal Claims Decision regarding Price-Anderson Compensation of Costs in a private Tort Claim (2007) are reported. (N.C.)
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...
Two points are related in case law: the judgement of the appeal court of Limoges regarding the dumping of radioactive waste by Cogema, and the judgement of the slovak constitutional court on Greenpeace claim. (N.C.)
Two topics are discussed: one of them is French case law in the medical field concerning ionising radiation, and the other one is litigation relating to the DOE's obligation under the NWPA to commence acceptance of spent fuel by 13 January 1998. (K.A.)
Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.
About the case law we find four parts, one concerns France and the judgement of the council of state on an application for annulment of the decree of 10 january 2003 authorizing Cogema to modify a major nuclear installation, a second one is in relation with the Usa through the ruling in relation to the sale of uranium enrichment services in the united States, decision concerning the Yucca mountain repository, Indiana michigan power company v. United States, natural resources defense council, snake river alliance, confederated tribes and bands of the Yakama indian Nation, Shoshone Bannock Tribes v. Abraham. For the third part devoted to European union it is question of the judgement of the European Court of justice in European union v. UK, the fourth part concerns administrative decisions with the early shutdown of Barsebaeck-2 in Sweden. (N.C.)
LaMorte, Michael W.
This book examines the sizable body of school law that outlines legally defensible decisions. A substantial part of it contains edited, reported, and verbatim decisions. Historical perspective is provided, as well as specific case and statutory law. Chapter 1 discusses sources of law for educators, state school board policies, attorneys-general…
Decker, Phillip J.
This study of case law involving job discrimination on the grounds of sexual preference includes many cases showing how homosexuals holding government jobs have been affected. Within certain conditions, such discrimination in the public sector has been found illegal, a fact which could set a benchmark for private industry. (JOW)
Winkels, R.; de Ruyter, J.; Kroese, H.
In this paper we present the results of two studies to see whether the analysis of the network of citations between cases can be used as an indication of the relevance and authority in the Dutch legal system. Fowler e.a. have shown such results for the US common law system, but given the different
DeScioli, Peter; Karpoff, Rachel
People's judgments about property shape how they relate to other people with respect to resources. Property law cases can provide a valuable window into ownership judgments because disputants often use conflicting rules for ownership, offering opportunities to distinguish these basic rules. Here we report a series of ten studies investigating people's judgments about classic property law cases dealing with found objects. The cases address a range of issues, including the relativity of ownership, finder versus landowner rights, object location, objects below- versus above-ground, mislaid versus lost objects, contracts between landowners and finders, and the distinction between public and private space. The results show nuanced patterns in ownership judgments that are not well-explained by previous psychological theories. Also, people's judgments often conflict with court decisions and legal principles. These empirical patterns can be used to generate and test novel hypotheses about the intuitive logic of ownership.
The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies both the common law and the civil law traditions. The aim here is twofold. The first is to evaluate the suitability of their choice of law rules for addressing cases alleging ...
The author argues that the very purpose of the 'presumption of indefinite period engagement', i.e. job security, should be given effect. More importantly, employers shall not be given discretion to abuse their right to recruit for 'definite period' under the guise of project work refuting the protective purpose of the labour law.
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
the personal opinion of the reporter. Discussions on the most important decisions of European courts can be found in ERPL?s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period......In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges...
Social Security Administration — The Disability Case Review is a post-effectuation quality review of administrative law judge (ALJ) disability hearing decisions. This dataset includes results from...
Fomcenco, Alex; Werlauff, Erik
The TEXTBOOK is a collection of carefully selected directives, regulations, and judgments. Whether you are a student, a scholar, or a practitioner of law, this book is a supplemental tool in your work with European business law. It is recommended that you have this book within your reach when you...
The law on medical negligence is part of the law of negligence generally. It has played a significant part in developing two key aspects of the law. There are special rules to determine the standard of care expected of experts when advising and solving problems, and medical cases have largely shaped the law. Although cases on causation may arise in any area, several of the key cases happen to be medical ones. They are particularly likely to assist where there are alternative causes, as it is often difficult to distinguish the effects of disease from those of inappropriate treatment.
This paper investigates the differences in the discursive patterning of cases in Law and Management. It examines a corpus of 271 Law and Management cases and discusses the kind of information that these two disciplines call for and how discourses are constructed in discursive hierarchical patterns. A discursive hierarchical pattern is a model…
Roč. 29, č. 2009 (2010), s. 51-65 ISSN 0554-498X Institutional research plan: CEZ:AV0Z70680506 Keywords : public international law * independence of the Kosovo * International Court of Justice Subject RIV: AG - Legal Sciences
This study examines how cases fulfil the role of a source of law in one particular continental European civil law jurisdiction: the Netherlands. By doing so, this study aims to achieve two purposes: (1) contributing new knowledge and insights to the existing literature on the role of cases in civil
Van Vooren, Bart; Wessel, Ramses A.
This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional
This Article which covers the most representative examples of French case-law in the nuclear field, analyses the cases involved and the relevant court decisions. It describes the evolution of the nuclear debate in France, the progressive constitution of anti-nuclear associations and their fight against nuclear energy development in the courts in the context of the licensing procedures for nuclear installations. The author analyses French law and the legal basis for the courts' decisions. (NEA) [fr
Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.
White, Hollie; Bordo, Miguel; Chen, Sean
Written as a case study, this article outlines Duke Law School Information Services' video digitization, preservation, and access initiative. This article begins with a discussion of the case study environment and the cross-departmental evaluation of in-house video production and processing workflows. The in-house preservation reformatting process…
Uijttenbroek, Elisabeth M.; Klein, Michel C.A.; Lodder, Arno R.; Van Harmelen, Frank
The BEST-project (BATNA Establishment using Semantic web Technology, http://best-project.nl) strives to provide disputing parties with information about their legal position in a liability case. Our assumption is that through intelligent disclosure of Dutch Tort Law cases, laymen can estimate their
Full Text Available Article 7 of the Convention is not confined to prohibition of the retrospective application of the criminal law. Provided protection is wider, and it is developed through the case law of the European Court of Human Rights. Because of the significant impact of the common law, Article 7 in general can not be understood in a way that the principle of legality is traditionally recognized in civil law. As for the lex certa principle, the case law of domestic courts has a big impact on the Court. This is of course the consequence of common law impact. Although lex certa is in some degree a relative principle, in some of the Court criteria's lies the danger of its further relativization. In its previous case law, the Court found violation of this principle in only one case. It remains to the future case law to further clarify in what extent lex certa principle is recognized by the Court.
This paper presents a model of judging, illustrating how case law evolves when two types of judges with different policy preferences decide cases narrowly. The model shows that case law is unlikely to reflect the midpoint of the judges' ideal points. The result challenges the conventional wisdom suggesting that balancing ideologically extreme judges will likely yield moderate laws. The model suggests that a centrist executive faced with a sitting extreme left-wing judge should appoint a moder...
Giovanni Immordino; Francesco Flaviano Russo
We study the opinions on prostitution that emerged from the World Value Survey. We show that individuals tends to justify prostitution more in countries where it is legal or regulated and less in countries where it is prohibited, even after controlling for religious, cultural and sociological factors. To overcome the endogeneity of the policy to the opinions, we propose an instrumental variable strategy, instrumenting prostitution policy with legal origins. At least for the case of prostituti...
Full Text Available What is the argument against government? There are several. For one thing, there is automatic exit for failure: businesses that do not earn a profit go bankrupt, and their resources tend to migrate to other, more effective, managers. For another, entrepreneurs operate with their own funds, or those voluntarily entrusted to them. This does not apply to bureaucrats and politicians, in sharp contrast. Perhaps most important, in the case of each and every commercial interaction in the market, buying, selling, renting, lending, borrowing, there is mutual gain at least in the ex ante sense of anticipations, and usually ex post, after the trade, as well. This rarely occurs under statism, at least not with regard to its source of funds, taxation, since it is not voluntary. An exception would be the relatively unimportant cases in which a consumer purchases something from the government, such as a ticket to cross a bridge, or a producer sells something to this organization, such as an airplane. The present paper is an attempt to elaborate upon this considerations.
"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…
Daves, David P.; Walker, David W.
Professional confusion, as well as case law confusion, exists concerning the fidelity and integrity of response to intervention (RTI) as a defensible procedure for identifying children as having a specific learning disability (SLD) under the Individuals with Disabilities Education Act (IDEA). Division is generated because of conflicting mandates…
Barcadepone, Michael J.
The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose…
Terranova, Claudio; Sartore, Daniela
The aim of the study is to analyze the factors that are most frequently associated with a verdict of guilty delivered to the psychiatrist in cases of a patient's suicide in Italian law. Twenty-six sentences (1975-2009) were analyzed according to the claim of malpractice, patient characteristics, circumstances of the suicide, and reasons for the court's judgment. The court held the psychiatrist guilty in 12 cases, considering that the act of suicide was predictable and could have been avoided. Predictability was mainly related to errors in surveillance (7 cases), therapy (1 case), or both (2 cases). An error in diagnosis was considered to be related to the patient's death in two cases. Analysis of medical behavior considered to be erroneous and associated with a verdict of guilty provides an opportunity to discuss the topics relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of patient suicide. © 2012 American Academy of Forensic Sciences.
..., the judge (or the Board) will decide the case or make other disposition of it. (10) To make and file... 29 Labor 2 2010-07-01 2010-07-01 false Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges...
Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…
Derlén, Mattias; Lindholm, Johan
The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...
Berger, Omri; McNiel, Dale E; Binder, Renée L
Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.
In this research the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analyzed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the
Full Text Available This latest textbook contributing to the field of EU external relations law is unique in that it is the first such book in the post-Treaty of Lisbon environment to take a wide-angled look on as many aspects of the growing area as it continues to develop within the legal parameters as set by the Treaties, and it is suitably placed to become the core text for teaching this expanding EU policy field. In their book, EU External Relations Law: Text, Cases and Materials, Van Vooren and Wessel seek to fill the gap in up-to-date literature from a legal standpoint in the field of external relations of the EU, with a book that is suitable for delivery as a core textbook for students of all levels. Their analysis covering fifteen long chapters offers the reader a comprehensive insight into the world of EU external relations law, and allows for a thoroughly better understanding of all the encapsulated issues that are at play.
Bascuñán R, Antonio
This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.
Full Text Available Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1 Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:
Rougé-Maillart, C; Gaudin, A; Lermite, E; Arnaud, J-P; Penneau, M
Surgeons, like other doctors, practice their profession within a framework of contractual liability defined by statute in 1936. This established that the doctor was subject to a contractual obligation to provide appropriate and diligent care. Care and technical acts should conform to those which would have been provided by a prudent doctor within the standards of knowledge and practice of his field; care which deviates from this standard would be considered medical error or fault. This standard of care is referred to as "sound professional conduct". However, while not calling this basic principle into question, civil jurisdictions have progressively held surgeons liable whenever injury has occurred following surgical acts, without considering whether care deviates from sound professional conduct. Since 2000, judges have begun to attribute a requirement for absolute safety of results in cases where the surgeon had injured an organ unrelated to the planned operation. However it seems that the rare judgments given on this topic in the last 2-3 years have become less frequent. The creation of a compensation regime for medical accidents, via the law dated March 4, 2002, has contributed to this evolution. It is to be hoped that the flaws described in this system do not encourage jurisdictions to reconsider previous case law decisions.
Burris, Scott; Wagenaar, Alexander C; Swanson, Jeffrey; Ibrahim, Jennifer K; Wood, Jennifer; Mello, Michelle M
Public health law has received considerable attention in recent years and has become an essential field in public health. Public health law research, however, has received less attention. Expert commentary. This article explores public health law research, defined as the scientific study of the relation of law and legal practices to population health. The article offers a logic model of public health law research and a typology of approaches to studying the effects of law on public health. Research on the content and prevalence of public health laws, processes of adopting and implementing laws, and the extent to which and mechanisms through which law affects health outcomes can use methods drawn from epidemiology, economics, sociology, and other disciplines. The maturation of public health law research as a field depends on methodological rigor, adequate research funding, access to appropriate data sources, and policymakers' use of research findings. Public health law research is a young field but holds great promise for supporting evidence-based policy making that will improve population health.
The recent case of German siblings Patrick Stübing (age 30 years) and his sister Susan Karolewski (age 22 years) has reignited debate over the criminalisation of sexual intercourse among consanguine descendants. The primary justification for criminalising incest is the purported increased risk of genetic disabilities among offspring, but is criminalising sexual intercourse an empirically sound and proportionate response to this increased risk? To answer this question we must consider the specifics of the harm in question (eg, is it a harm to the child or a societal harm) and the magnitude of the harms of the intervention. The example of incest law has important implications for liberal societies. If we can justify imprisoning consenting adults for choosing partners who will increase the risk of having children with disabilities, then we set a troubling precedent for all couples who may pass on genetic disorders to their children.
Perlin, Michael L
This article considers the implications of assisted outpatient commitment laws (OPC), with specific focus on New York's "Kendra's Law" through the lens of therapeutic jurisprudence (TJ). In this article, the author offers perspectives on the relationship between involuntary civil commitment, outpatient commitment, and the concept of the "least restrictive alternative"; considers pertinent empirical research, and looks at OPC's controversial relationship to forced drugging. Here, the civil libertarian critique is briefly considered, as well as the MacArthur Research Network research. Finally, the author looks closely at Kendra's Law, providing a brief overview of the law itself, and identifying some "pressure points" and pivotal issues, and considers the TJ implications of Kendra's Law, to determine how it "fits" into the public's "take" on all of mental disability law.
Palestini, Robert; Falk, Karen Palestini
This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…
Dardis, Rachel; Lefkowitz, Camille
The study examines societal losses from 1976 federal legislation on state motorcycle helmet laws. Comprehensive state helmet laws would have had cost-benefit ratios ranging from 0.05 to 0.18. The fact that 31 states did not have comprehensive helmet laws in 1981 raises questions concerning whether society should intervene on behalf of consumers.…
PROF. OLIVER OSUAGWA
Jun 1, 2014 ... identified these challenges, the study recommended among others, adequate funding of the corps, effective enforcement of existing road traffic laws by all the relevant law enforcement agencies, training of the law enforcement personnel and construction of befitting roads. Key words: Road Transportation, ...
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period......In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges...
Rose, Tessie E.; Zirkel, Perry
Although numerous studies have investigated autism methodology case law, few studies have investigated case law regarding reading methodology, particularly the Orton-Gillingham approach, for students with reading disabilities. We provide the results of a systematic case analysis of all published Orton-Gillingham decisions from the original passage…
Correia, E O
The abortion debate is currently in a period of transition as in moves from the courts to the legislative branches. All across the country, state legislatures are reviewing their abortion laws and many are preparing to enact restrictions. Congress may be a good avenue to ensure abortion rights by passing national legislation. There is a risk involved because all legislation is passed through a process of compromise and the pro-choice side should be very careful about what they give up in the process. It is possible that concessions will have to be made that previously would never have been considered. Further, if the national legislation gives away too much, it will restrict states that want to ensure liberal access to abortion. Attempts to arrive at a compromised minimum level, may be too low to ensure the protection of many women. To illustrate the variety of issues involved with abortion legislation, the support of certain justifications for abortion varies greatly. In a 1990 National Opinion Research Center poll, 89% approved of abortion to save the life of the mother, 81% in cases of rape, 78% if there was a strong chance of birth defect, 43% if the woman is married and does not want any more children, 43% if the woman is single and does not want to marry the man, and 42% if she wanted an abortion for any reason. In a time magazine survey, 69% of the people agreed with the idea that even in cases where they thought in immoral to have an abortion, the government should not have the right to prevent her from having it. Also, 69% of the people agreed that if a state does institute restrictions, it should not be judges or government officials, but rather the women's doctor who decides if the abortion should be restricted.
Walters, Amanda L; Dacey, Kristian T; Zemlyak, Alla Y; Lincourt, Amy E; Heniford, B Todd
Litigation analysis and clinician education are essential to reduce the number and cost of malpractice claims. This study evaluates the clinical characteristics and legal outcomes of medical malpractice litigation initiated by patients having undergone a hernia repair operation. Published civil suits were obtained from a legal database for state and federal decisions constituting case law. The published material includes information on defendants, plaintiffs, allegations, outcomes, and a variety of legal issues. A retrospective review of 44 published cases from 25 states was performed. Complications were present in 20 of 44 (45%) suits, four (9%) of which were because of infection. Death occurred in five (11%) cases, and failure to obtain informed consent was alleged in seven (16%) of the suits. Retained foreign bodies were present in 7 of the 44 (16%) suits. Other allegations included incorrect surgical technique, insufficient need for surgery, and emotional distress. Most (64%) patients initiating malpractice litigation were male, and inguinal, hiatal, and ventral hernia repairs account for 39%, 27%, and 14% of cases, respectively. Most suits (40%) were initiated in Southern states. Surgical mesh was indicated in 5 of 44 (11%) suits but four of five were unrelated to the suit. One patient initiated litigation because of the fact that the surgeon did not use mesh during surgery, which was discussed preoperatively during the informed consent. The court ruled in favor of the plaintiff in 12 of 44 (27%) suits, with compensation ranging from roughly $19,000 to $8,000,000. Louisiana and New York had six and seven suits each, which appears disproportionate given their respective populations. Complications and death resulting from alleged clinical negligence play a significant role in both the initiation and the outcome of malpractice litigation. Retained foreign bodies and lack of informed consent account for roughly one-third of malpractice litigation associated with
Road Transportation and Traffic Law Enforcement in Nigeria was established in order to reduce the increasing road crashes and fatalities as well as making road users comply with traffic Laws and regulations as a counter measure, which remain as a great challenge in Nigeria. This paper discussed the roles of the Federal ...
The purpose of this qualitative case study is to describe the characteristics of three law professors teaching online courses to determine what type of adopter they were. This study used the Rogers diffusion of innovation theory, and specifically analyzed the participants on whether they were innovators or early adopters. These analyses are…
The primary goal of this article is to analyze the use of the term ‘tax avoidance’ in the legislative framework and case law of the European Union to point out the absence of a common linguistic approach. The consequences derived from the terminological chaos will also be discussed; thus, the study
This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1, which was
This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1 addresses the
Knowles, Marjorie Fine, Ed.
Cases and materials used in an undergraduate course, "Women and the Law," are divided to cover women and the Constitution of the U.S. (including the Equal Rights Amendment), the Supreme Court Abortion Decision, and the contemporary legal status of women including employment, education, and criminal law. Fifteen cases highlight the issues…
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges...... the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section....
... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...
Jasper E. Bergink
The article attempts to integrate international law and international relations by analysing how law works within international politics. In international relations, the instrumentalist theory poses that states rationally employ international law as a foreign policy instrument. Analysing the case of Kosovo from 1999 to 201...
Sadl, Urska; Panagis, Yannis
. Our analysis focuses on Les Verts, a case of considerable fame in EU law, closely scrutinising whether it contains inherent leading case material. We show how the legal relevance of a case can become “embedded” in a long process of reinterpretation by legal actors, and we demonstrate that the actual......Lawyers generally explain legal development by looking at explicit amendments to statutory law and modifications in judicial practice. As far as the latter are concerned, leading cases occupy a special place. This article empirically studies the process in which certain cases become leading cases...
. The two Court have also borrowed key jurisprudential principles from the CJEU with the goal of expanding the reach of Central American and Caribbean Community laws. Despite this, both Courts have thus far failed to foster supranationality in their respective systems. This is because the conditions...
Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper
Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various
Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH
Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various
The purpose of this study was to examine the effect of user education on the law students' use of the library : A case study of the faculty law library Imo State University Owerri. The survey research design was used for the study while questionnaire instrument was used for data collection. The population of the study consists ...
A judicial opinion concerning law school violations of Title VII of the Civil Rights Act of 1964 in faculty hiring is presented. The case concerns a black candidate rejected for an entry-level tenure-track position. Issues cited include the law school's mission and stated reasons for not hiring the candidate. (MSE)
Leandro Moraes do Espírito Santo
Full Text Available This essay aims to examine the right of recourse in commercial development contract in the case law of the Supreme Court. In order to reach an appropriate response, the paper investigates the problem from Hans Kelsen's teachings to theory of law and legal interpretation as may be adopted in the Brazilian legal system.
... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...
John Armour; Priya Lele
The process of liberalisation of India's economy since 1991 has brought with it considerable development both of its financial markets and the legal institutions which support these. An influential body of recent economic work asserts that a country's 'legal origin'-as a civilian or common law jurisdiction-plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants...
Full Text Available Ecosystems services include the collection, concentration, and storage of solar energy as fossil fuels (e.g., coal, petroleum, and natural gas. These concentrated forms of energy were produced by ancient ecosystem services. However, our legal and economic systems fail to recognise the value of the ecosystem service subsidies embedded in fossil fuels. This ecosystem services price subsidy causes overuse and waste of fossil fuels in the free market: fossil fuels are consumed more quickly than they can be replaced by ecosystem services and in far larger quantities than they would be if the price of fossil fuels included the cost of solar energy collection, concentration and manufacturing of raw fossil fuels. Moreover, burning fossil fuels produces enormous environmental, human health and welfare costs and damage. Virtually no legal literature on ecosystem services, sustainable development, or sustainable energy, considers fossil fuels in this context. Without understanding stored energy as an ecosystem service, we cannot reasonably expect to manage our fossil fuel energy resources sustainably. International and domestic energy law and policy systems generally ignore this feature of fossil fuel energy, a blind spot that explains why reducing greenhouse gas emissions from fossil fuels is fundamentally a political challenge. This paper will use new understandings emerging from the field of complex systems to critique existing legal decision-making models that do not adequately account for energy ecosystem services in policy design, resource allocation and project approvals. The paper proposes a new "least-social-cost" decision-making legal structure that includes ecosystem energy services.
... and Transfer of Case to the Board § 102.45 Administrative law judge's decision; contents; service... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...
... Expenses § 102.153 Administrative law judge's decision; contents; service; transfer of case to the Board... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...
Zucker, K. W; Allen, Tracy L; Boyle, Martin J; Burton, Amy R; Smyth, Vito S
.... The converse is also true: decisions within a legal system inform, or impact, ethics -specifically medical ethics The cases discussed in this paper are at the foundation of medical ethics in the United States...
Full Text Available In analysing 'wrongful life' cases, comparative law is used extensively. This article examines these wrongful life cases, especially in light of the contradicting outcomes in different jurisdictions across the world, with the Dutch Kelly case and the South African decision in Stewart v Botha as its main examples. I will test the hypothesis that it is not so much the outcomes and (more importantly the arguments found elsewhere through the comparative law method that are decisive in highly debated cases like those concerning wrongful life, but that instead it is something else that decides the issue, something I would define as the cultural background of, or the legal policies within a tort law system.
Patterson, John C.
This booklet provides guidance to law enforcement officers investigating missing children cases, whether through parental kidnappings, abductions by strangers, runaway or "throwaway" cases, and those in which the circumstances are unknown. The guide describes, step-by-step, the investigative process required for each of the four types of missing…
Rymsza, Leonard; Saunders, Kurt; Baum, Paul; Tontz, Richard
This case study, written for use in a multidisciplinary course, exposes students to concepts in business law, economics, and statistics. The case is based upon a hypothetical scenario involving a young woman who, having spent a relaxing day at the beach, heads for home. On the drive home, a flip-flop she is wearing becomes lodged under the gas…
van Hulten, Mart; Jallai, Ave-Geidi
Each year the international conference Tax Treaty Case Law Around the Globe provides a forum to discuss with outstanding experts of the relevant jurisdictions the most important and interesting tax treaty cases which recently have been decided all over the world. This article provides a report on
Zirkel, Perry A.
This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…
Schoen, Edward J.; Hughes, Diane Y.; Kowalsky, Michelle A.
There are two overarching goals to this case study. First, the authors want to introduce students as early as possible in their study of business to the perils of deliberate misstatements of income in financial statement and the significant consequences that await those who do. Given the recent business scandals involving mortgage-backed…
Full Text Available This paper looks at cases of organized abuse (that is, two or more offenders working in concert and having two or more victims, not solely familial reported by law enforcement respondents during the three waves of the National Juvenile Online Victimization (NJOV Study (n=29. The NJOV Study collected data from a national US sample of law enforcement agencies about technology-facilitated crimes ending in arrest at three time points: mid-2000 to mid-2001, 2005 and 2009. The paper reports on the prevalence of technology-facilitated organized abuse ending in arrest, contexts of cases and characteristics of offenders and victims.
Prior research has suggested that almost half of rape victims are treated by law enforcement in ways that they experience as upsetting (termed secondary victimization). However, it remains unknown why some victims have negative experiences with law enforcement and others do not. The purpose of this study is to explore victims' experiences with secondary victimization by detectives, comparing how these experiences vary in cases that were ultimately prosecuted by the criminal justice system to those that were not prosecuted. A total of 20 rape victims are interviewed within one county. The study uses grounded theory qualitative analysis, which showed that participants whose cases were eventually prosecuted described the detectives' treatment toward them considerably different than participants with nonprosecuted cases. The study findings further show that victims with cases that were not prosecuted primarily described their detectives as engaging in secondary victimization behaviors and that victims with cases that were ultimately prosecuted primarily described their detectives as responding compassionately toward them.
Sadl, Urska; Panagis, Yannis
. Our analysis focuses on Les Verts, a case of considerable fame in EU law, closely scrutinising whether it contains inherent leading case material. We show how the legal relevance of a case can become “embedded” in a long process of reinterpretation by legal actors, and we demonstrate that the actual...... legal impact of Les Verts on the acquis is most visible in the area that was sidelined in the academic commentary. This implies that a leading case is a symbolic category, which might not always correspond to the actual role that the case plays in the Court’s jurisprudence....
... Administrative Law Judge's decision and of the order transferring the case to the Board shall be complete upon... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge's decision; contents; service; transfer of case to the Authority; contents of record in case. 2430.12 Section 2430.12...
....948 Deciding a case without an oral hearing before an administrative law judge. (a) Decision wholly... is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide a case on... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...
Dagher, Zoubeida R.
Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…
France: Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF's permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas; Conseil d'Etat decision regarding Atelier de technologie de plutonium (ATPu) located at the Cadarache site. Germany: Request for arbitration against Germany at the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) because of Germany's legislation leading to the phase-out of nuclear energy. India: Cases related to the Kudankulam Nuclear Power Project (KKNPP). Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Inc. on the revocation of the operating licence for the Muehleberg nuclear power plant. United States: Judgement of the Court of Appeals for the D.C. Circuit vacating the NRC's 2010 Waste Confidence Decision and Rule Update; U.S. Supreme Court declines petition for certiorari filed by property owners on Price- Anderson Act claim for damages; Judgement of the NRC Atomic Safety and Licensing Board finding applicants ineligible to obtain a combined license because they are owned by a U.S. corporation that is 100% owned by a foreign corporation; Judgement of an NRC Atomic Safety and Licensing Board Authorizing Issuance of a license for the construction and operation of a commercial laser enrichment facility
Smith, Michael D.
According to the Council on Environmental Quality (CEQ) Regulations for implementing the National Environmental Policy Act (NEPA), the analysis and comparison of alternatives is considered the 'heart' of the NEPA process. Although over 20 years have passed since the original mandate appeared to construct and assess a 'reasonable range' of alternatives contained in the CEQ Regulations, there is a perception that there is still a significant amount of confusion about what exactly constitutes a legally-compliant alternatives analysis. One manifestation of this confusion is the increasing amount of litigation over the alternatives analysis in NEPA documents. This study examined decisions on challenges to alternative analyses contained in federal agency NEPA documents in federal Courts of Appeals for the ten-year period 1996-2005. The results show that federal agencies are overwhelmingly successful against such challenges - winning 30 of the 37 cases. The most common challenge was that federal agencies had not included a full reasonable range of alternatives, while the second most frequent was that agencies had improperly constructed their purpose and need for their projects. Brief descriptions of several of the key court decisions are provided that illustrate the main factors that led to agencies being successful, as well as being unsuccessful, in their court challenges. The results provide little support for recent calls to amend the NEPA Statute and the CEQ Regulations to better clarify the requirements for alternatives analysis. The conclusion to the study focuses on practical steps NEPA practitioners can take to prepare their alternatives analyses in a manner that fulfills the requirements of the NEPA Statute and Council on Environmental Quality (CEQ) Regulations and makes them less vulnerable to an unfavorable court decision if legally challenged
Nakamura, Yoshihiko; Nakano, Minoru; Nakamura, Mitsunobu; Miyazaki, Dai; Okamori, Satoshi; Akuzawa, Hisashi; Yuasa, Masahiro
Law-evading herbs may induce poisoning symptoms, especially when they contain synthetic cannabinoids. However, their detailed pharmacological effects have not yet been clarified. Some reports have previously described symptoms of poisoning, but only a few reports have so far described shock and myocardial damage (MD). We experienced a case of shock and MD in a patient who had smoked law-evading herbs. A 61-year-old male presented at an emergency department 8 hours after smoking law-evading herbs (Rush Trip, High Men Monster) with chest pain. A vasopressor agent was administered to treat shock and antiarrhythmic drugs were administered due to ventricular arrhythmia. The contents of the law-evading herbs were unknown, so an in-hospital follow-up was conducted to treat the patient's symptoms. The follow-up blood test showed an increased level of cardiac enzymes, which thereafter demonstrated a spontaneous remission. The systemic conditions tended to improve and the patient was discharged from the hospital on the 5th hospital day. The contents of the law-evading herbs in question were thereafter,analyzed, and synthetic cannabinoids (JWH-210, JWH-081 and JWH-122) as well as caffeine were detected. The cause for the poisoning symptoms were suspected to be the presence of synthetic cannabinoids and caffeine. Such law-evading herbs may contain synthetic cannabinoids and caffeine which both may induce shock and MD.
Dr.Sc. Bojan Tičar
Full Text Available In this article author defines law a system of rules and principles that regulate, within the boundaries of legal regularity, the vitally important external conduct and behavior of the subjects in a state-organized society. In this context he upgrades rethinking of law with definition of legal order. A legal system or legal order author see as an integrated whole of the hierarchically regulated principles of law, rules, and general legal acts which apply in a certain country, are published, and enter into effect from a certain date following adoption. In central part of the article author explains the case of legal regulation in Slovenia. He describes which legal acts are adopted in Slovenia and how is it done in the context of EU regulation. Author concludes the article with an idea that legal theoreticians have still not agreed on a uniform definition of the essence of law. Author thinks that law can be understood instrumentally. Instrumental law is a tool prescribed in advance which is composed of rules that are suitable for preventing and resolving conflicts between subjects in society.
Sipe, Stephanie R.
The Enron scandal has been described as "the corporate scandal of the century." Books have been written about it, its full-length documentary film was nominated for an Academy Award, it appears as an ethical case study in nearly every college business law textbook written since 2002, and for five years running, it has captivated the…
Pistula, Pat; Manley-Casimir, Michael E.
The historical, political, and legal evolution of Canada and its traditions has differed from that of the United States' uncritical adoption of U.S. case law. Canada's 1982 Charter, the counterpart of the United States Bill of Rights, is discussed. This paper examines the fundamental differences between Canadian and U.S. value patterns and legal…
Harvey Gresham Hudspeth
Antebellum slave law addressed fugitive slaves and criminal offenses committed by masters against slaves and by slaves against masters. Moreover, slaves were both merchandise and personal property that fell under civil monetary statutes pertaining to sales fraud and personal damage to private property. Judgment in two civil cases heard in West Tennessee during the late 185Os turn on such statutes.
Harvey Gresham Hudspeth
Full Text Available Antebellum slave law addressed fugitive slaves and criminal offenses committed by masters against slaves and by slaves against masters. Moreover, slaves were both merchandise and personal property that fell under civil monetary statutes pertaining to sales fraud and personal damage to private property. Judgment in two civil cases heard in West Tennessee during the late 185Os turn on such statutes.
Zirkel, Perry A.
Prader-Willi Syndrome (PWS) is one of the low-incidence physical disabilities that the literature has not addressed in relation to the Individuals with Disabilities Education Act and its case law applications. To help fill the gap, this relatively brief article provides (a) an introduction of PWS from legal sources; (b) an overview of the IDEA,…
Piskunowicz, M.; Lass, P.; Bandurski, T.; Krzyzanowski, M.
The aim of this report was to assess the usefulness of cerebral blood flow (CBF) scanning utilising the SPECT technique in forensic medicine cases in the area of civil law cases. CBF SPECT scanning was performed in four patients utilising 99m Tc-ECD and a triple-head gammacamera. In the analysis both the asymmetry index and cerebellar normalisation were applied. Reference values were obtained by studying 30 healthy volunteers. In those cases CBF SPECT scanning played an important role in forensic argument. It influenced the sentence and the amount of financial compensation. CBF SPECT scanning may provide valuable information in forensic medicine argument in civil law cases, but only when taken together with psychometric tests and other neuroimaging methods (CT, MRI). The value of CBF SPECT scanning alone may be limited in judicial proceedings. (author)
Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J; Kales, Stefanos N
To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Case distribution study (case series with survey information on referent exposures). United States law enforcement. Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. © Varvarigou et al 2014.
Full Text Available European human rights law is superior to the national laws of damages. The case law of the European Court of Human Rights now provides a sufficient reason for national lawmakers to rethink their concept of non-pecuniary damage. The fact remains that the ECtHR in its case law finds a breach of a fundamental right and remedies that breach, whereas the national law of damages affords the possibility of awarding compensation for non-pecuniary loss if the aggrieved party is injured. A conflict results: on the European level a rights-based approach is applied, and on the national level a damage/injury-based approach prevails. In this article we advocate a change in the national law of damages in order to ensure that the law of damages remains durable and consistent when confronted with judgments of the ECtHR: we advocate accepting and incorporating a rights-based approach.The clash between European human rights law and the national law of damages is clearly expressed in the different approaches regarding bereavement damage. Under Dutch law a proposal aimed at introducing a legal basis for compensation for this type of loss was rejected a few years ago, whereas the ECtHR, starting from its rights-based approach, has found that compensation for non-pecuniary loss should be available as part of the range of redress mechanisms when a government body has infringed a family member’s right to life. An specific argument in the Dutch discussion, i.e. the moral aversion towards compensating and determining grief and suffering, can be overcome by not making a link with grief and suffering but instead taking one’s legal position as a starting point, e.g. the breach of the right to life. A rights-based approach not only supports the idea that any rights infringed should be remedied, but also implies a moral dismissal.
... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...
Full Text Available Abstract This research reviews the essence of compensation concept as an additional penalty in the Indonesian criminal system as well as the extent of their impact on the effectiveness of financial indemnification of the state and aims to provide an overview of the construction of the compensation concept in criminal law reform. The outcomes of the research indicate that there are the difference between perspective and point of view of the demands of the public prosecutor and the judges decision concerning additional penalty for the compensation. The intention of the law makers to include additional criminal threats that everything is the same namely in an effort to restore the countrys financial losses arising out of the corruption cases. As it turns out in practice however it has certain weaknesses particularly in view of the forming of criminal law which has no sticking to the principle that adds to other criminal types on the types of crime that have been specified in the Indonesian Criminal Code it is forbidden. Therefore to realize the main purpose of law enforcement concerning corruption case in order to save as much as possible the financial loss of the state criminal compensation payments should be made as a main penalty not an additional penalty. Based on such view the compensation concept appears to be the ideal approach to be applied in the settlement of corruption cases.
Full Text Available This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper concludes that due to some, probably unintentional, specifics of Slovak tax and criminal law, Al Capone could not be convicted of tax evasion by the Slovak courts. In our opinion, these specifics do not, however, constitute material elements of the basic structure of Slovak tax and criminal law and could be relatively easily corrected.
Vochozka, Marek; Maroušková, Anna; Šuleř, Petr
From the early days of philosophy, ethics and justice, there is wide consensus that the constancy of the laws establishes the legal system. On the other hand, the rate at which we accumulate knowledge is gaining speed like never before. Due to the recently increased attention of academics to climate change and other environmental issues, a lot of new knowledge has been obtained about carbon management, its role in nature and mechanisms regarding the formation and degradation of organic matter. A multidisciplinary techno-economic assessment of current composting standards and laws that took into account the current state of knowledge about carbon management was carried out as a case study. Economic and environmental damage caused by outdated laws was revealed. In addition, it was found that the introduction of the best composts into the market is permitted, causing additional negative environmental as well as economic impacts.
The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.
... § 416.1448 Deciding a case without an oral hearing before an administrative law judge. (a) Decision... the decision is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...
Wells, Melissa; Mitchell, Kimberly J.; Ji, Kai
This exploratory analysis examines the role of the Internet in juvenile prostitution cases coming to the attention of law enforcement. The National Juvenile Prostitution Study (N-JPS) collected information from a national sample of law enforcement agencies about the characteristics of juvenile prostitution cases. In comparison to non-Internet…
Silvia Lucia Cristea
Full Text Available The analysis of a case where the rate of the conventional interest is not specified made me investigate what is the maximal limit that can be obtained in this case, under the regulation in force, in the Romanian law (sect.1!To formulate a solution, I considered as necessary to analyze : the provision on the moratory damages (according to the Roman Civil Code and the putting of the debtor in default, in order to know what is the date starting from which the moratory damages are calculated (according to the Roman Civil Code-sect.2; the juridical regime of the interest (according to the Roman Bankin Law-sect.3;comparison between the remuneratory interest and the penalizing interest (according to the Roman Banking Law-sect.4;solution for the case and conclusions-sect. 5.
Shaw, Malcolm N
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
Grabherr, Silke; Johner, Stephan; Dilitz, Carine; Buck, Ursula; Killias, Martin; Mangin, Patrice; Plattner, Thomas
Homicide followed by the suicide of the offender is a well-known phenomenon. In most cases, it takes place in the context of the so-called "family tragedies." A recent series of such family tragedies in Switzerland prompted an intensive debate in the media and the Swiss government concerning the Swiss Weapon Law, in particular the requirement to keep personal army weapons at home. The present study of Homicide-Suicide cases in Switzerland, thus focuses on the role played by guns, especially military weapons, in such crimes. We investigated retrospectively 75 cases of Homicide-Suicide, comprising 172 individuals and spanning a period of 23 years in western and central Switzerland. Our results show that if guns were used in 76% of the cases, army weapons were the cause of death in 25% of the total. In 28% of the deaths caused by a gunshot, the exact type of the gun and its origin could not be determined. Thus, the majority of Homicide-Suicide cases in Switzerland involve the use of guns. The exact percentage of cases were military weapons were involved could not be defined. In our opinion, a stricter weapons law, restricting access to firearms, would be a factor of prevention of Homicide- Suicide cases in Switzerland.
R (Nicklinson) v Ministry of Justice  EWHC 2381 was a tragic case that considered a perennial question: whether voluntary active euthanasia is murder. The traditional position was affirmed, that is, it is indeed murder. The law's treatment of decisions to refuse treatment resulting in death is a stark contrast to the position in respect of voluntary, active euthanasia. In cases of refusing treatment, principles of individual autonomy are paramount. This article presents an overview of the legal distinction between refusing medical treatment and voluntary, active euthanasia. It questions the purported differences between what are described as acts of "active" or "passive" euthanasia. It also highlights the inconsistency of the law's treatment of different ways that people decide to die.
This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper conclu...
Jun Qian; Philip E. Strahan
We examine empirically how legal origin, creditor rights, property rights, legal formalism, and financial development affect the design of price and non-price terms of bank loans in almost 60 countries. Our results support the law and finance view that private contracts reflect differences in legal protection of creditors and the enforcement of contracts. Loans made to borrowers in countries where creditors can seize collateral in case of default are more likely to be secured, have longer mat...
Gonzalo Aguilar Cavallo
Full Text Available In this brief analysis we will review the difficulties faced in establishing responsibility for human rights violation to companies as well as the Inter-American Court of Human Rights’ case law in the field. We will analyze the international standards established in corporate responsibility. Finally, we will examine if the Chilean national courts incorporate the standards set by the Inter-American Court of Human Rights, especially concerning private companies.
After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...
Lindor, Rachel A; Campbell, Ronna L; Pines, Jesse M; Melin, Gabrielle J; Schipper, Agnes M; Goyal, Deepi G; Sadosty, Annie T
Emergency department (ED) care for patients with psychiatric complaints has become increasingly challenging given recent nationwide declines in available inpatient psychiatric beds. This creates pressure to manage psychiatric patients in the ED or as outpatients and may place providers and institutions at risk for liability under the Emergency Medical Treatment and Labor Act (EMTALA). We describe the patient characteristics, disposition, and legal outcomes of EMTALA cases involving patients with psychiatric complaints. Jury verdicts, settlements, and other litigation involving alleged EMTALA violations related to psychiatric patients between the law's enactment in 1986 and the end of 2012 were collected from 3 legal databases (Westlaw, Lexis, and Bloomberg Law). Details about the patient characteristics, disposition, and reasons for litigation were independently abstracted by 2 trained reviewers onto a standardized data form. Thirty-three relevant cases were identified. Two cases were decided in favor of the plaintiffs, 4 cases were settled, 10 cases had an unknown outcome, and 17 were decided in favor of the defendant institutions. Most patients in these 33 cases were men, had past psychiatric diagnoses, were not evaluated by a psychiatrist, and eventually committed or attempted suicide. The most frequently successful defense used by institutions was to demonstrate that their providers used a standard screening examination and did not detect an emergency medical condition that required stabilization. Lawsuits involving alleged EMTALA violations in the care of ED patients with psychiatric complaints are uncommon and rarely successful. Copyright © 2014 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.
driven approach to law as a linchpin for the post-2015 development agenda. KEYWORDS: Law, development, development-driven law, development law, development goals, development strategy, Millennium Development Goals, Millennium ...
El-Jardali, Fadi; Hammoud, Rawan; Younan, Lina; Nuwayhid, Helen Samaha; Abdallah, Nadine; Alameddine, Mohammad; Bou-Karroum, Lama; Salman, Lana
Evidence-informed decisions can strengthen health systems, improve health, and reduce health inequities. Despite the Beijing, Montreux, and Bamako calls for action, literature shows that research evidence is underemployed in policymaking, especially in the East Mediterranean region (EMR). Selecting the draft nursing practice law as a case study, this policy analysis exercise aims at generating in-depth insights on the public policymaking process, identifying the factors that influence policymaking and assessing to what extent evidence is used in this process. This study utilized a qualitative research design using a case study approach and was conducted in two phases: data collection and analysis, and validation. In the first phase, data was collected through key informant interviews that covered 17 stakeholders. In the second phase, a panel discussion was organized to validate the findings, identify any gaps, and gain insights and feedback of the panelists. Thematic analysis was conducted and guided by the Walt & Gilson's "Policy Triangle Framework" as themes were categorized into content, actors, process, and context. Findings shed light on the complex nature of health policymaking and the unstructured approach of decision making. This study uncovered the barriers that hindered the progress of the draft nursing law and the main barriers against the use of evidence in policymaking. Findings also uncovered the risk involved in the use of international recommendations without the involvement of stakeholders and without accounting for contextual factors and implementation barriers. Findings were interpreted within the context of the Lebanese political environment and the power play between stakeholders, taking into account equity considerations. This policy analysis exercise presents findings that are helpful for policymakers and all other stakeholders and can feed into revising the draft nursing law to reach an effective alternative that is feasible in Lebanon. Our
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
M S Pandit
Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.
Cowan, Ethan; Macklin, Ruth
Postexposure prophylaxis (PEP) has substantially reduced the risk of acquiring human immunodeficiency virus (HIV) after an occupational exposure; nevertheless, exposure to HIV remains a concern for emergency department providers. According to published guidelines, PEP should be taken only when source patients are HIV-positive or have risk factors for HIV. Initiating PEP when source patients are uninfected puts exposed persons at risk from taking toxic drugs with no compensating benefit. Forgoing PEP if the source is infected results in increased risk of acquiring HIV. What should be done if source patients refuse HIV testing? Is it justifiable to test the blood of these patients over their autonomous objection? The authors review current law and policy and perform an ethical analysis to determine if laws permitting unconsented testing in cases of occupational exposure can be ethically justified. © 2012 by the Society for Academic Emergency Medicine.
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...
Pandit, M S; Pandit, Shobha
A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.
Full Text Available This paper provides an explanation of the increasing complexity of corporate IT management as a special case of application of the law of requisite variety. Frequently cited drawback of established frameworks of IT best practices like COBIT and ITIL is their complexity and related difficulty in their implementation. Through the perspective of the law of requisite variety, drawn from the field of cybernetics, we can take a more elaborated approach to this phenomenon. First, through mapping the domain of corporate IT management to the concepts from cybernetics, we ground this area in set of well defined terms. The aim of this paper is to promote the perspective, that problems with increasing complexity in IT management are directly traceable to the encompassing business environment.
Full Text Available In the period under review, the Italian Competition Authority and administrative courts analyzed many important cases in different economic sectors. Some of the these cases raised extremely complex legal and economic issues. The analysis of decision practice and case law highlights some critical aspects of recent antitrust enforcement, namely: (i the need to strengthen the fight against cartels; (ii the need to refine the tools used in merger analysis, also through the use of modern econometric methods; (iii the need to enhance the role of economic analysis in the assessment of unilateral exclusionary conduct, in line with the Commission’s Guidance on Article 102 TFEU; and (iv the need to find a better balance between competition rules and sector-specific regulation, so as to avoid overlapping and inconsistencies. A further critical issue is the need to reinforce the protection of the rights of defense. In order to improve the current administrative enforcement system, it is necessary to enhance the procedural guarantees and to remove the limits on judicial review of antitrust decisions, thus enabling administrative courts to review fully, in fact and in law, any aspect of the ICA’s finding of infringement, and to pronounce also on the merits of the case.
... of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... of an Administrative Law Judge in cases arising under section 274B. Any person aggrieved by a final...
... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...
Hoekstra, R.; Lodder, A.; van Harmelen, F.
This paper introduces case frames as a way to provide a more meaningful structure to vocabulary mappings used to bridge the gap between laymen and legal descriptions of court proceedings. Case frames both reduce the ambiguity of queries, and improve the ability of users to formulate good quality
Persia, Luca; Gigli, Roberto; Usami, Davide Shingo
Smeed's law defines the functional relationship existing between the fatality rate and the motorization rate.While focusing on the Italian case and based on the Smeed's law, the study assesses the possibility for Italy of reaching the target of halving the number of road fatalities by 2020, in light of the evolving socioeconomic situation. A Smeed's model has been calibrated based on the recorded Italian data. The evolution of the two indicators, fatality and motorization rates, has been estimated using the predictions of the main parameters (population, fleet size and fatalities). Those trends have been compared with the natural decreasing trend derived from the Smeed's law. Nine scenarios have been developed showing the relationship between the fatality rate and the motorization rate. In case of a limited increase (logistic regression) of the vehicle fleet and according to the estimated evolution of the population, the path defined by motorization and fatality rate is very steep, diverging from the estimated confidence interval of the Smeed's model. In these scenarios the motorization rate is almost constant during the decade. In the actual economic context, a limited development of the vehicle fleet is more plausible. In these conditions the target achievement of halving the number of fatalities in Italy may occur only in case of a structural break (i.e., the introduction of highly effective road safety policies). Practical application: The proposed tools can be used both to evaluate retrospectively the effectiveness of road safety improvements and to assess if a relevant effort is needed to reach the established road safety targets.
Hansen, Christian P
The paper investigates law compliance in case of on-farm timber extraction in Ghana. It empirically investigates compliance with rules that (i) require timber operators to obtain prior and informed consent from the farmers, (ii) require timber operators to pay appropriate and timely compensation for crop damage caused by timber extraction and (iii) ban chainsaw lumbering. The study documents a low level of compliance in all three domains. Subsequently, the paper discusses the underlying causes for the observed low compliance. The low compliance level is attributed to a legislation, and enforcement, that provides huge financial incentives for non-compliance for both farmers and timber operators, and in the latter case both with and without legal permits. At the same time the regulation is perceived to violate their moral values. The paper underlines the interests of the political elite as decisive in shaping the current regulation and the way it is implemented on the ground. It asserts that eliciting compliance requires consideration of both the instrumental and normative perspectives; else it becomes illusive. The study thus challenges the typical response of governments in developing countries, who, supported by donor agencies, attempt to elicit compliance through enhanced law enforcement efforts. The results presented on the Ghana case suggest that such an approach is unlikely to elicit compliance. Copyright Â© 2010 Elsevier Ltd. All rights reserved.
Badal-Valero, Elena; Alvarez-Jareño, José A; Pavía, Jose M
This paper is based on the analysis of the database of operations from a macro-case on money laundering orchestrated between a core company and a group of its suppliers, 26 of which had already been identified by the police as fraudulent companies. In the face of a well-founded suspicion that more companies have perpetrated criminal acts and in order to make better use of what are very limited police resources, we aim to construct a tool to detect money laundering criminals. We combine Benford's Law and machine learning algorithms (logistic regression, decision trees, neural networks, and random forests) to find patterns of money laundering criminals in the context of a real Spanish court case. After mapping each supplier's set of accounting data into a 21-dimensional space using Benford's Law and applying machine learning algorithms, additional companies that could merit further scrutiny are flagged up. A new tool to detect money laundering criminals is proposed in this paper. The tool is tested in the context of a real case. Copyright © 2017 Elsevier B.V. All rights reserved.
In view of developments in reproductive medicine, clinical mishaps in this domain are beginning to give rise to 'injuries' not easily accommodated within the English law of negligence. While 'personal injury' is typically understood as manifesting a deleterious 'physical' dimension, cases involving the negligent destruction of cryopreserved sperm, as recently litigated in Yearworth & Ors v Bristol NNN Trust (2009), and other media reported mishaps in fertility treatment do not straightforwardly possess this quality. Without modification, the traditional tortious conception of 'personal injury' in English law will not be able to address novel claims. Critically, however, nor do alternative modes of redress seem to offer ease of application. Focusing upon the controversial Yearworth case and exploring what is seen as an unpromising framing of loss, the note argues that there is now an urgent need to rethink what counts as 'personal injury'. Arguing for the formal recognition of'reproductive injury' as an independent head of damage in negligence, and illustrating the presence of judicial support for that approach, the comment suggests that in light of the difficult challenges that lie in the wake of Yearworth, such a development may be not only desirable but necessary.
Hammad, Hamza Abed Al-Karim
This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.
The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de
Carlos Enrique Arévalo Narváez
Full Text Available This paper analyzes the issue of treaties over time and the interpretations of the Inter-American Court of Human Rights in this context. Parts 1 and 2 introduce the elements of treaty interpretation in general international law, providing criteria for the application of the evolutionary approach to treaty interpretation, the debate between the application of evolutive interpretation and the use of subsequent conduct. Part 3 addresses the issue of fragmentation in international human rights law, and through the case law of the Inter-American Court of Human Rights, provides evidence for the application of the rules of general international law to interpret the American Convention on Human Rights. Finally, conclusions are extracted on the basis of the case law analyzed, contrasting the Court’s application of the American Convention over time, the conclusions of the International Law Commission Reports on the Fragmentation of International Law in 2008, and the preliminary conclusions of the Study Group on Subsequent Agreements and Subsequent Practice concerning treaty interpretation and the issue of the passage of time.
Kidder-Wilkerson, Kathy S.
The purpose of this study was to analyze case law related to teacher evaluation between 1980 and 2008 in the SREB states to determine the problems associated with teacher evaluation and if these problems were documented in the literature. Content analysis of teacher dismissal cases revealed many types of teacher evaluation problems. The two most…
Kreisman, Brian M; John, Andrew B
In 1975, Congress passed the Education for All Handicapped Children Act (Public Law 94-142), and it has been revised and modified several times. At the time of this writing, this law was most recently amended by the Individuals with Disabilities Education Improvement Act (Pub. L. No. 108-446, 118 Stat. 2647, December 3, 2004), which took effect on July 1, 2005. Colloquially the law is still referred to as the Individuals with Disabilities Education Act (IDEA). Children with hearing loss or auditory processing disorder (APD) may qualify for services under IDEA. However, a review of the literature found no review of case law for such children. This article provides a comprehensive review of case law involving the IDEA and children with hearing loss or APD from the U.S. Supreme Court and U.S. courts of appeals. We conducted a systematic review of case law. A LexisNexis search for cases involving IDEA and children with hearing loss or APDs was conducted. For the purpose of the present case review, all appellate decisions (cases accepted by the U.S. courts of appeals or the U.S. Supreme Court) were included if they found that the child had hearing loss or APD, regardless of the reason for the appeal under IDEA. In the instance of multiple cases that involved the same two parties, these cases are summarized together to provide the legal context. Brief explanations of IDEA and the federal judicial process as it pertains to IDEA disputes are presented. Following these explanations, a chronological review of IDEA appellate cases concerning students with hearing loss or APD is provided. The IDEA cases reviewed focus on three main issues: placement of the child, methodology of teaching, and the provision of services. This case law review provides a helpful summary of higher court cases for educational audiologists and parents of children with hearing loss or APDs, as well as educators, individualized education program team members, school administrators, and legal
Full Text Available Prior consultation has been recognized as one of the most emancipatory instruments within the framework of international human rights law, which currently allows indigenous peoples and ethnic communities defend their territories. Nevertheless, in some cases the prior consultation has had an ambivalent use by other agents who have used this instrument for different purposes than those stated in ILO Convention 169 and that have caused serious damages on these groups. In this sense, the main purpose of this article is to question the ambivalent use of prior consultation in Colombia from the perspective of ‘decolonial thinking’, and in particular, from the notion of ‘coloniality’. I argue that the problem of the restrictions and limitations of the prior consultation described in this article is due to the colonial bias of this instrument, which in turn is embedded in a liberal rationality.
Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.
Decision-making capacity is a vital concept in law, ethics, and clinical practice. Two legal cases where capacity literally had life and death significance are NHS Trust v Ms T  and Kings College Hospital v C . These cases share another feature: unusual beliefs. This essay will critically assess the concept of capacity, particularly in relation to the unusual beliefs in these cases. Firstly, the interface between capacity and unusual beliefs will be examined. This will show that the "using and weighing of information" is the pivotal element in assessment. Next, this essay will explore the relationship between capacity assessment and a decision's "rationality." Then, in light of these findings, the essay will appraise the judgments in NHS v T and Kings v C, and consider these judgments' implications. More broadly, this essay asks: Does capacity assessment examine only the decision-making process (as the law states), or is it also influenced by a decision's rationality? If influenced by rationality, capacity assessment has the potential to become "a search and disable policy aimed at those who are differently orientated in the human life-world" (Gillett 2012, 233). In contentious cases like these, this potential deserves attention.
Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation
Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.
Full Text Available Consultation research to date has largely concentrated on how consultation practices generally serve only the purpose of procedural compliance. This article identifies and explores the gap in existing research on the impact of law on consultation practices and purposes. To explore current practices and the potential contribution of law to the nature of consultation practices, the article focuses on the NSW duty to consult Aboriginal people before permitting harm to Aboriginal cultural heritage. Conventional regulatory approaches to consultation assume that Aboriginal interests are accommodated by the same consultation strategies applied to other stakeholders in rural law and policy. This article uses an administrative law doctrinal research approach to identify the specific issues and requirements for Aboriginal consultation relating to cultural heritage. Consideration is given to the effectiveness of the case study consultation requirements, the duty design, and the recent Land and Environment Court judgment of Ashton Coal Operations Pty Limited v Director-General, Department of Environment, Climate Change and Water. The article argues that statutory consultation requirements and purposes can, and should, be taken more seriously. The law reform discussion highlighted in the paper considers how identified consultation requirements can be incorporated into Australian Cultural Heritage legislation, and the possible impact of such incorporation on the purpose of the consultation. More broadly, the law reform discussion indicates that when consultation requirements are tailored to suit the purpose of the consultation and the consultation parties, the law can play a positive role in consultation, engagement and capacity building.
Wells, Melissa; Mitchell, Kimberly J; Ji, Kai
This exploratory analysis examines the role of the Internet in juvenile prostitution cases coming to the attention of law enforcement. The National Juvenile Prostitution Study (N-JPS) collected information from a national sample of law enforcement agencies about the characteristics of juvenile prostitution cases. In comparison to non-Internet juvenile prostitution cases, Internet juvenile prostitution cases involved younger juveniles and police were more likely to treat juveniles as victims rather than offenders. In addition, these cases were significantly more likely to involve a family or acquaintance exploiter. This analysis suggests that the role of the Internet may impact legal and social service response to juveniles involved in prostitution. In addition, it highlights the need for interventions that acknowledge the vulnerabilities of youth involved in this type of commercial sexual exploitation.
ANDRA ROXANA ILIE
Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.
Karwaki, Tanya E; Hazlet, Thomas K
This study was designed to better understand pharmacy students' experiences and recognition of legal and ethical tensions existing in pharmacy practice as demonstrated in student-written law and ethics cases. A qualitative analysis of 132 student-written cases representing the team efforts of 1053 students over a 12-year time period was conducted. Student-written cases were coded and analyzed thematically. Our results demonstrate the types of ethical and legal issues our students have experienced in pharmacy practice during the first five quarters of their professional education. Our data highlight three themes: 1) ethical dilemmas presented when the law is misapplied; 2) ethical dilemmas presented when an institutional policy or law was viewed as insufficient; and 3) ethical dilemmas presented as provider distress. The third theme was further subdivided into five subthemes. The themes that emerged from this study represent some of the ethical dilemmas that second professional year students have encountered and how these dilemmas may intersect with legal boundaries. Educators can use cases demonstrating these themes to reinforce law and ethics education in the curriculum, thus helping prepare students for pharmacy practice. This article recommends how and when to use case examples. Copyright © 2017 Elsevier Inc. All rights reserved.
’s view and could collide with bioethical patient autonomy principles as well as health law informed consent obligations this is problematic. A reduction in usage is considered warranted and addressing illegitimate MR would be an obvious point of departure. In so far as one important reason......: In Denmark a Psychiatric Complaint Board considers patients’ complaints about compliance with law. The Board annually makes public a selection of case decisions. A case law review was carried out on all publicly available lawsuits concerning MR completed by the Board during the years 2007-2014 with focus...... and threats in MR lawsuits is crucial to inform future regulation and initiatives aiming at MR reduction whilst ensuring psychiatric ward safety....
Highlander, Steven L; Voges, Mark H
For most chemical compound claims, the obviousness analysis begins with the identification of a 'lead compound'. Pursuant to a recent decision from the Federal Circuit, a similar framework is now applicable for pharmaceutical composition claims. In Unigene Labs v. Apotex (2011), the obviousness analysis for a claim covering a bioequivalent nasal spray was said to start with the identification of the 'reference composition'. The court reasoned that while a person of ordinary skill in the art would typically be motivated to develop a bioequivalent of a given US FDA-approved reference composition, such a new composition may still be non-obvious if the prior art does not teach which bioequivalent among a large number of possible formulations is the best or which ingredient(s) may be substituted for others. A review of the case law reveals that the "reference composition" framework is neither entirely new nor universally applicable to all obviousness challenges to pharmaceutical composition claims. Even so, the Unigene decision appears to signal the court's preference for this framework and will likely employ it wherever it is appropriate to do so.
Lorena Bachmaier Winter
Full Text Available A single European area of freedom, security and justice requires new models of judicial cooperation in criminal matters to be put in place in order to efficiently combat transnational organized crime. However, this should not be done while disregarding the protection of the individual rights of the suspect and the accused: a transnational criminal procedure should not entail a lowering of the procedural safeguards identified by the European Court of Human Rights. The tension between the efficiency in the cooperation and the need to protect the fundamental rights of the defendant is particularly visible in matters of the transnational gathering of evidence, its transfer and its admissibility as evidence against the accused. This paper intends to identify general principles and rules that should be applied in European transnational criminal proceedings with regard to witness evidence. Departing from the ECHR’s case law, this paper will try to identify the principles regarding the hearing of witnesses who reside in another Member State, the admissibility of pre-trial statements as evidence and the need to foster the use of the live video link for witness questioning.
Bart Wernaart; Bernd M.J. van der Meulen
International Food Law and Policy is the first interdisciplinary piece of academic literature of its kind with a comprehensive, reader-friendly approach to teaching the major aspects of food regulation, law, policy, food safety and environmental sustainability in a global context. The sections are
Prior research has suggested that almost half of rape victims are treated by law enforcement in ways that they experience as upsetting (termed "secondary victimization"). However, it remains unknown why some victims have negative experiences with law enforcement and others do not. The purpose of this study is to explore victims' experiences with…
Smith, Carl; Katsiyannis, Antonis; Ryan, Joseph
In this article, authors Carl Smith, Antonis Katsiyannis, and Joseph Ryan respond to Zirkel's most recent article, "The Law in the Special Education Literature: A Brief Legal Critique," published in this issue of "Behavioral Disorders." Smith, Katsiyannis, and Ryan begin their response by saying that "The Law in the…
In Ethiopia, even though there is no domestic law which explicitly deal with the right to counsel of children in conflict with the law, various stipulations at both federal and regional level provide that the state bears the responsibility to appoint state funded counsel when miscarriage of justice would result. In Adama, the 2nd ...
Owusu, Theophilus D.
Technology is made available in the law firm to promote time efficient tasks and to provide resources that allows the accurate billing and storing of documents. This study examined the impact of three major technologies that are used by attorneys in a law firm. Quantitative procedures facilitated the identification of barriers to Personal Digital…
Wernaart, Bart; Meulen, van der Bernd
In this chapter, the enforceability of the right to adequate food is discussed in the context of industrialized countries. The right to food as a human right can be considered the fundament of food law. Human rights in themselves occupy a special position in the field of law. On the one hand they
This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which
Colombi Ciacchi, Aurelia; McCann, Adam; Ferreira, Nuno; Kostakopoulou, Dora
An institution has a ‘human face’ if it takes the interests core to ‘human flourishing’ seriously. The question arises whether and how these interests find proper consideration in EU private law. The interests core to ‘human flourishing’ relevant for substantive private law include the following
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.
Kuijper, P.J.; Wouters, J.; Hoffmeister, F.; de Baere, G.; Ramopoulos, T.
The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the
Full Text Available The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014 show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh
Full Text Available The judgment of the International Court of Justice in the Pulp Mills (Argentina v. Uruguay case makes a very important contribution to international law relating to shared international water resources and to international environmental law more generally. It does much to clarify the relationship between procedural and substantive rules of international environmental law. The Court linked interstate notification of new projects to the satisfaction of the customary due diligence obligation to prevent significant transboundary harm. It found that environmental impact assessment (EIA is an essential requirement of customary international law in respect of activities having potential transboundary effects. The real significance of the judgment is that it held that the duty to notify, and the related duty to conduct an EIA taking account of transboundary impacts, exist in customary international law and thus apply to all states, not just those that have concluded international agreements containing such obligations. The Court confirmed that for shared international water resources, the principle of equitable and reasonable utilisation, universally accepted as the cardinal rule of international water law, is virtually synonymous with the concept of sustainable development, and suggests that considerations of environmental protection are absolutely integral to the equitable balancing of interests involved. The judgment makes it clear that the principle of equitable utilisation ought to be understood as a process, rather than a normatively determinative rule. This ought to help to address widespread confusion about the nature of the key rules and principles of international water resources law and its role in the resolution of water resources disputes and in environmental diplomacy more generally.
Hasman, Joseph J; Chittenden, William A; Doolin, Elizabeth G; Wall, Julie F
This survey reviews significant state and federal court decisions from 2006 and 2007 involving health, life, and disability insurance. Also reviewed is a June 2008 Supreme Court decision in the disability insurance realm, affirming that a conflict of interest exists when an ERISA plan sponsor or insurer fulfills the dual role of determining plan benefits and paying those benefits but noting that the conflict is merely one factor in considering the legality of benefit denials. In addition, this years' survey includes compelling decisions in the life and health arena, including cases addressing statutory penalties and mandated benefits, as well as some ERISA decisions of note. This year, the Texas Supreme Court held that Texas's most recent version of the prompt payment statute abolished the common law interpleader exception and allowed the prevailing adverse claimant in an interpleader action filed beyond the sixty-day statutory period to recover statutory interest and attorney fees from the insurer. Meanwhile, the Court of Appeals of New York upheld the constitutionality of a statute mandating coverage for contraceptives in those employer-sponsored health plans that offer prescription drug coverage, including those plans sponsored by faith-based social service organizations. In the ERISA context, litigants continue to fight over the standard of review with varying results. In a unique assault on the arbitrary and capricious standard of review, the Fourth Circuit found that an ERISA plan abused its discretion when it failed to apply the doctrine of contra proferentem to construe ambiguous plan terms against itself. In more hopeful news for plan insurers, the Tenth Circuit held that claimants are not entitled to review and rebut medical opinions generated during the administrative appeal of a claim denial before a final decision is reached unless such reports contain new factual information.
van de Gronden, Johan; Szyszczak, Erika
A national health care service is one of the central pillars of the welfare state in Europe. Recent moves to modernise health care, alongside introducing efficiencies through competition have resulted in experimentation and a re-organisation of national health care systems. The experimental nature of the reforms has brought health care into the focus, but uncertain territory, of EU economic law, especially competition law. Added to these pressures, the new EU fiscal measures oblige Member States to avoid excessive budgets and macro-economic imbalances. One constraint on an EU-based system of competition in health care is the effect of decentralisation, resulting in variations at the national level. Thus a case study is taken of the experience in The Netherlands. From this case study, we argue that a new form of Euro-national competition law is emerging for the health care sector with national authorities taking the lead in shaping the contours of this law. © The Author 2014. Published by Oxford University Press; all rights reserved. For Permissions, please email: email@example.com.
Carbon sequestration, the extraction and storage of carbon from the atmosphere by biomass, could potentially provide a cost-effective means to reduce net greenhouse gas emissions. The claims on behalf of carbon sequestration may be inadvertently overstated, however. Several key observations emerge from this study. First, although carbon sequestration studies all report results in terms of dollars per ton, the definition of that term varies significantly, meaning that the results of various analyses can not be meaningfully compared. Second, when carbon sequestration is included in an energy-economy model of climate change policy, it appears that carbon sequestration could play a major, if not dominant role in a national carbon emission abatement program, reducing costs of emissions stabilization by as much as 80 percent, saving tens of billions of dollars per year. However, the results are very dependant upon landowners' perceived risk. Studies may also have overstated the potential for carbon sequestration because they have not considered the implementation process. This study demonstrates that three factors will reduce the cost-effectiveness of carbon sequestration. First, the implementation costs associated with measurement and governance of the government-private sector relation are higher than in the case of carbon source control. Second, legal constraints limit the range of instruments that the government can use to induce private landowners to expand their carbon sinks. The government will likely have to pay private parties to expand their sinks, or undertake direct government production. In either case, additional revenues will be required, introducing social costs associated with excess burden. Third, because of the very long time involved in developing carbon sinks (up to several decades) the government may not be able to make credible commitments against exactions of one type or another that would effectively reduce the value of private sector investments
Legge, M; Fitzgerald, R; Frank, N
The New Zealand Human Assisted Reproductive Technology (HART) Act became law in 2004. In this article, we provide a retrospective analysis of New Zealand case law from September 1990 to March 2004, leading up to the creation of the HART Act. We examine the new understandings of parenting (developed through the routine use of ART in New Zealand) which the case law attempted to test. We examine these concepts against the previous understandings of family enshrined in the pre-existing legislation, which formed the basis for judicial rulings in the various cases to which we refer. In conclusion, we provide a brief summary of the 2004 HART legislation and draw comparisons between the old and new legislative and bureaucratic frameworks that define and support New Zealand family structure. We suggest that a change in cultural backdrop is occurring from the traditional western ideology of the nuclear family towards the traditional Maori concept of family formation, which includes a well-accepted traditional practice of guardianship and a more open and extended family structure. This 'new' structure reflects the contemporary lived experience of family kinship in western societies as individualized and open to choice.
Passmore, Jonathon W; Nguyen, Lan Huong; Nguyen, Nam Phuong; Olivé, Jean-Marc
Road traffic injuries are a leading cause of death and disability in Viet Nam. In 2008, official data reported 11 243 deaths and 7771 serious injuries on the roads, of which an estimated 60% of fatalities occur in motorcycle riders and passengers. In recognition of this problem, Viet Nam has had partial motorcycle helmet legislation since 1995. However, for a variety of reasons, implementation and enforcement have been limited. On 15 December 2007, Viet Nam's first comprehensive mandatory helmet law came into effect, covering all riders and passengers on all roads nationwide. Penalties increased ten-fold and cohorts of police were mobilized for enforcement. The Viet Nam national helmet legislation was developed and implemented by the National Traffic Safety Committee. Despite past barriers to enforcement, increased policing in 2008 led to 680 000 infringements being issued for non-helmet wearing. While changes in helmet wearing were not nationally observed, significant increases were documented in selected provinces in the first six months of the law's introduction. In Da Nang, helmet wearing increased from 27 to 99%. In the first three months after the law took effect, surveillance data from 20 urban and rural hospitals, found the risk of road traffic head injuries and deaths decreased by 16% and 18% respectively. Political leadership, intensive advanced public education and stringent enforcement have contributed to the successful implementation of the new law. Through continual monitoring of the legislation, loopholes detrimental to the effectiveness of the law have been identified and addressed.
Interpretation of 'Unnatural death' in coronial law: A review of the English legal process of decision making, statutory interpretation, and case law: The implications for medical cases and coronial consistency.
Harris, Andrew; Walker, Andrew
The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.
Full Text Available This paper examines the relationship between corporate governance level and the bankruptcy law for such debt variables as firms’ cost of debt and amount (and variation of debt. Our empirical results are consistent with the model's prediction. First, we find that the better the corporate governance, the lower the cost of debt. Second, we find that better corporate governance arrangements relate to firms with higher amounts of debt. Finally we find that better governance and harsher bankruptcy laws have a positive effect on debt. Moreover, this effect is stronger for firms with worse corporate governance, which indicates that the law works as a substitute for governance practices to protect creditors' interests.
Éric Darmon; Thomas Le Texier
In the case of digital piracy should rights be publicly or privately enforced? The emergence of large-scale anti-piracy laws and the existence of non-monitored illegal channels raise important issues for the design of digital anti-piracy policies. In this paper, we study the impact of these two enforcement settings (public vs. private) in the presence of an illegal non-monitored outside option for users. Taking account of market outcomes, we show that in both cases, the optimal strategies of ...
Kushwah, Shivpal Singh
Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.
This latest textbook contributing to the field of EU external relations law is unique in that it is the first such book in the post-Treaty of Lisbon environment to take a wide-angled look on as many aspects of the growing area as it continues to develop within the legal parameters as set by the T......This latest textbook contributing to the field of EU external relations law is unique in that it is the first such book in the post-Treaty of Lisbon environment to take a wide-angled look on as many aspects of the growing area as it continues to develop within the legal parameters as set...... by the Treaties, and it is suitably placed to become the core text for teaching this expanding EU policy field. In their book, EU External Relations Law: Text, Cases and Materials, Van Vooren and Wessel seek to fill the gap in up-to-date literature from a legal standpoint in the field of external relations...... of the EU, with a book that is suitable for delivery as a core textbook for students of all levels. Their analysis covering fifteen long chapters offers the reader a comprehensive insight into the world of EU external relations law, and allows for a thoroughly better understanding of all the encapsulated...
Burgunder, Lee B.
Richard Prince a well-known appropriation artist, made headlines by pressing ever deeper into the gray areas of art, technology, and the law. Specifically, Prince took screenshots of personal photographs that were publicly displayed on Instagram accounts, included his own comments, enlarged and printed them on large canvases, and displayed them at…
On June 30, 2009, Florida implemented a primary seat belt law. The State was already engaged in a Rural : Demonstration Program (RDP) to increase belt usage in rural areas in the northern part of the State and participated : regularly in annual Click...
Filip, Petr; David, Jiří
Roč. 52, č. 4 (2007), s. 365-371 ISSN 0001-7043 R&D Projects: GA ČR GA103/06/1033 Institutional research plan: CEZ:AV0Z20600510 Keywords : Concentric annuli * Poiseuile flow * annular flow * power- law fluids * flow rate * pressure drop Subject RIV: BK - Fluid Dynamics
Edwards, Matthew A.
It is generally agreed that price discrimination can, in some circumstances at least, be an extraordinarily unpopular business practice. In late 2000, customers discovered that Amazon.com was varying its prices online for the exact same products. Although the incident is almost fifteen years old, it has become the standard reference in law review…
Full Text Available Law enforcement cooperation as a central part of the EU internal security policy to combat cross-border organised crime and terrorism needs to be more effective by adopting specific provisions and tools. This paper argues that functional expectations require removal of barriers and construction of a common security area, but sometimes better cooperation in practice does not fit, as Europeanization of law enforcement still lacks understanding of objectives, values and principles for improving international trust, consensus, sincere cooperation and effective national coordination. The level of Europeanization of law enforcement could be evaluated as based on the level of implementation of the EU provisions on police cooperation related to practical enforcement, factors promoting or hindering law enforcement and changes in discursive practices due to EU provisions and professional socialisation processes. Some aspects of observed inertia characterizes the slow process of transition or tendencies for absorption in which resilience meets the necessary degree of flexibility allowing for some mutual learning and cooperation, but the result is expectedly a form of accommodation of needful policy requirements in the lack of substantial change perspective.
Baderin, Mashood A.
As part of continual efforts towards improving learning and teaching in the faculty, lecturers in the law faculty of the University of the West of England (UWE), Bristol debated the question of students' attendance and quality of tutorials in a recent email discussion amongst themselves. At the end of the debate the need for further research on…
Angela Pires Pinto
Full Text Available The case “Guerrilha do Araguaia” is well known in Brazil in the view of the disappearances of opponents to the military regime occurred between 1972 and 1974, in the region known as Araguaia. Despite the efforts made by the families of the victims to seek responsibility and redress, few progress has been done. In 1995, Brazil recognized its responsibilities for the deaths and established a Commission to provide compensation to the families of the victims. The Amnesty Law prevented the State to initiate the criminal proceedings related to the responsibilities of those involved in the disappearances, torture and killings. On December 2010, the Inter-American Court of Human Rights decided that Brazil is responsible for the enforced disappearances in the Araguaia's region and, following its previous jurisprudence, determined that the State initiate adequate investigation and criminal proceedings related to the facts that amount to crimes against the humanity. In the view of the determination of criminal responsibilities on the “Guerrilha do Araguaia”'s case, this article will examine the grounds of criminal liability of the alleged offenders under the international criminal law as well as under the Brazilian domestic law, analysing the limitations that arise from both jurisdictions.
Lareau, Craig R
Forensic psychologists and psychiatrists are licensed in their respective professions, but they perform most of their work with attorneys in the legal arena. Both attorneys and mental health professionals place high value on confidentiality of information, reflected in the ethics of their professions and codified into laws governing their work. In psychology and psychiatry, there are some well-known exceptions to confidentiality; two primary exceptions include the mandated reporting of suspected child abuse and various "Tarasoff" duty to warn or protect laws. Generally, however, the corresponding duty for attorneys to report suspected child abuse or to warn or protect intended victims of threatened harm is not as extensive. This difference in mandated reporting responsibilities can create significant difficulties when attorneys need to retain forensic psychologists and psychiatrists to evaluate their clients, especially in criminal contexts. If the retained psychologist or psychiatrist is required to report suspected abuse or threatened harm, the attorney may be harming his or her client's legal interests by using the forensic psychologist or psychiatrist to evaluate his or her client. This article will briefly review the development of mandated reporting laws for psychologists and psychiatrists and juxtapose those with the legal and ethical requirements of confidentiality for attorneys embodied in the attorney-client privilege and attorney work product privilege. The article will then discuss the California Court of Appeals case in Elijah W. v. Superior Court, where the court addressed the issue of whether retained mental health professionals must report suspected child abuse and threatened harm to others as required by law or if they do not need to report because they come under the umbrella of the attorney work product privilege. This California court ultimately concluded that retained psychologists and psychiatrists work under the attorney work product
Gupta, Archit; Biddala, Ooha Susmita; Dwivedi, Mandavi; Variar, Prathyaksha; Singh, Aparna; Sen, Soham; Bhat, P Shivaram; Kunte, Renuka; Nair, Velu; Shankar, Subramanian
The incidence of juvenile delinquency has increased in the past decade in India and juvenile crimes are increasingly being reported. This has been attributed to many biopsychosocial factors. It is essential to understand these issues in the context of India to determine the response of acts of children in conflict with the law. We aimed to assess the sociodemographic characteristics and the aggression quotient of children in conflict with the law (juvenile delinquents) in observation homes across India and compare them with those who were not. We did a case-control study in five juvenile homes in the cities of Hyderabad, Lucknow and Pune. Ninety inmates (74 boys, 16 girls) were included in the study. Sociodemographic characteristics and aggression quotient of children in conflict with the law were evaluated using two separate questionnaires, i.e. a sociodemographic questionnaire and the modified Buss and Perry aggression questionnaire. These were compared with a control group of similar age, sex and income status. All the children in conflict with the law surveyed belonged to the lower socioeconomic strata, had a significantly higher chance (pbroken homes, have addictions, jailed family members and suffered physical and sexual abuse than controls. They also scored higher on all domains of the aggression questionnaire than controls. A collection of sociodemographic attributes such as broken homes, addictions and abuse seem to have an important association with juvenile delinquency. Children in conflict with the law are also more likely to be associated with a higher aggression quotient as compared to children who were not. Copyright 2015, NMJI.
“Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human
Rosenbaum, Sara; Cartwright-Smith, Lara; Hirsh, Joel; Mehler, Philip S
The Emergency Medical Treatment and Labor Act was enacted in 1986 to prevent hospitals from turning away patients with emergency medical conditions, often because they were uninsured--a practice commonly known as "patient dumping." Twenty-five years later, Denver Health--a large, urban, safety-net hospital--continues to experience instances in which people with emergency conditions, many of whom are uninsured, end up in the safety-net setting after having been denied care or receiving incomplete care elsewhere. We present five case studies and discuss potential limitations in the oversight and enforcement of the 1986 law. We advocate for a more effective system for reporting and acting on potential violations, as well as clearer standards governing compliance with the law.
Juana María Ibáñez Rivas
Full Text Available The “conventionality control” established in 2006 in the case law of the Inter- American Court of Human Rights has undergone some important clarifications. In its rulings from the end of 2010 and the beginning of 2011, the Court has defined the state actors that are obligated to apply it, has established the need for it when dealing with majoritarian decisions in democratic contexts and has established the role of the Court in verifying the conventionality control that States claim to have exercised domestically. This article covers the origin, evolution and application of the so-called “conventionality control” as a measure designed to assure compliance with the state obligations to respect, ensure and conform domestic legislation to international law, which are all found in the American Convention on Human Rights.
Full Text Available The law regarding the fire service’s liability for alleged negligence in the way they plan for or respond to a fire is reasonably untested. This paper reports on three cases that were decided in 2012 by the Supreme Courts of New South Wales, Tasmania and the Australian Capital Territory. It is argued that the weight of authority is that the fire brigades are established to provide fire services for the common good, not for individual benefit, and the financial burden of unfortunate operational decisions should be borne by insurers or by the uninsured. Even so, two Supreme Courts have arrived at different conclusions with respect to the question of whether or not the NSW Rural Fire Service owes a common law duty of care to those at risk from bushfire. It is therefore argued that the issue of duty of care would benefit from a determination by the High Court of Australia.
Full Text Available Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polish lawmakers, on the other hand, have no doubt about the fact the concept of dignity comes from natural law. Poland, in her Constitution, refers to the teaching of John Paul II about the source, value and meaning of human dignity. There is no doubt that concept of human dignity, even when it is controversial, is the most widely accepted by all religions and political society in the world.
Downey, Laura J.
The aim of this thesis is to investigate and further the understanding of the interaction between law, technology and society. My original contribution to this understanding lies in an account and analysis of the process of emergence (or potential emergence) of new legal concepts and of how new and developing technologies and social responses influence that process. Specifically, the work focuses on identity, which I argue is a currently emerging legal concept, and the ways in ...
Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polis...
Iva Bjelinski Radić
Full Text Available Recently, under the influence of rapid development of digital technologies, new flexible forms of employment have emerged, which are characterized by strong or prevalent support of information and communication technology. Online platform Uber which provides urban passenger transport services is one of the best known examples of the abovementioned changes in work organization. Taking into account that emergence of Uber has given rise to numerous controversies and set new contemporary regulatory challenges in the labour law field, the author in this paper problematizes the main labour law issues and challenges arising from Uber’s business model. The first part of the paper contains the short overview of the new forms of employment emerged under the influence of digitalisation of labour market, with the special emphasis on the model of crowd work. In the second part the author analyses the Uber’s business model. In the third part the issue of classification of Uber drivers as employees or self-employed persons is examined in detail. The following question has been considered especially from the Croatian labour law perspective – whether the key elements of an employment relationship are de facto present, and to what extent, in the contractual relationship between Uber and its drivers – partners. Finally, the author concludes with the final remarks and underlines the need to establish clear and transparent legal framework which will be suitable for development of the new forms of employment emerged under the influence of digital technologies.
Wen, J. T.; Bayard, D. S.
A new class of exponentially stabilizing control laws for joint level control of robot arms is introduced. It has been recently recognized that the nonlinear dynamics associated with robotic manipulators have certain inherent passivity properties. More specifically, the derivation of the robotic dynamic equations from the Hamilton's principle gives rise to natural Lyapunov functions for control design based on total energy considerations. Through a slight modification of the energy Lyapunov function and the use of a convenient lemma to handle third order terms in the Lyapunov function derivatives, closed loop exponential stability for both the set point and tracking control problem is demonstrated. The exponential convergence property also leads to robustness with respect to frictions, bounded modeling errors and instrument noise. In one new design, the nonlinear terms are decoupled from real-time measurements which completely removes the requirement for on-line computation of nonlinear terms in the controller implementation. In general, the new class of control laws offers alternatives to the more conventional computed torque method, providing tradeoffs between robustness, computation and convergence properties. Furthermore, these control laws have the unique feature that they can be adapted in a very simple fashion to achieve asymptotically stable adaptive control.
Full Text Available Implementation of the principle of legality in criminal law enforcement Indonesia in fact has caused some problems in the case and piling them over the prison capacity. It is necessary to find a model that is based on the completion of criminal cases and restorative local wisdom . One model that is “tepung tawar” in Malay society . Through empirical legal research found that the model completion of minor criminal matters in the Malay community is not united in procession “tepuk tepung tawar” but in other models, namely the density “ninik mamak” or different with “tepung tawar” practices applied in Jambi and South Sumatra , but the settlement of disputes and several criminal cases in the Malay community is also done with a model of restorative approaches .
Bender, B.; Sparwasser, R.
Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de
Gert Johan Kjelby
Full Text Available The principle of objectivity includes several aspects of the prosecutor’s functions. This article highlights some aspects of and perspectives on the prosecutor’s role and raises some central questions regarding the prosecutor’s obligation to objectivity according to the case-law of the ECtHR. The fundamental duty to act objectively is first of all crucial for the prosecutor’s role as the protector of human rights, because prosecutors’ objectivity and independence is an integrated element of the state’s human rights obligations (the positive obligation to conduct an “effective official investigation” and right to an “effective” domestic remedy. ECtHR’s case-law has a strong focus on the objectivity of police and prosecutors, and the court has performed a thorough examination of several aspects of this obligation. The prosecutor’s duty to act objectively is further elaborated in connection with aspects of the law on evidence, especially regarding the collection of evidence, the evaluation of evidence, evidentiary standards, and the prosecution's burden of proof. The author suggests some legal strategies to secure and uphold a strict principle of objectivity. Finally the article also raises the question whether prosecutors’ involvement in plea agreements a threat to the principle of objectivity. Such procedures are not in itself incompatible with the fair-trial standard in article 6, but the concept of plea-bargaining and plea-agreements is a complex and disputed one. ECtHR has in some cases found such agreements incompatible with the obligation to conduct an effective investigation. The author argues that the overarching principle should be that any simplified criminal procedure must give sufficient guarantees to secure the overall fairness of the process and its outcome. To lean on the prosecutor’s duty to objectivity and independency in this respect is hardly enough.
Full Text Available How do policy entrepreneurs implement in practice the things theory suggests they should do? This article suggests various insightsinto the influence of policy entrepreneurs on the formulation of public policy. Using a broad definition of the concept of policyentrepreneur, the article identifies the main characteristics of entrepreneurial activities, describes various strategies that the policyentrepreneur may employ, and develops a model of successful and effective policy entrepreneurship. Using an analysis of the designof the Israel National Health Law of 1994 as a case study, the article emphasizes the importance of policy entrepreneurs in thepublic policy arena and provides several insights into the conditions for their activity, their motivations and main strategies.
Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.
Gierowski, Józef Krzysztof
The article comments, from the perspective of a forensic psychologist, the changes which have been recently provided to the law regulations on sexual crime and the treatment of the sexual crime perpetrators. It appears that the new law regulations follow the right path, because they create the conditions for holistic and complex solutions in the sexual crime treatment matter. Unfortunately they are still rather incomplete and inconsistent. Their practical implementation is difficult because of the very demanding qualification criteria to the psychotherapy of sexual crime perpetrators, the existence of law criteria to the therapy, the narrow frame of the therapy goals and unclear rules of therapy constraint. Moreover, in Poland there is a lack of complex therapy models of sexual perpetrators, we have little experience in this kind of therapy and there is a deficiency of qualified specialists. Finally the relationship between the treatment of this kind of criminals in prison conditions and ambulatory therapy conditions isn't very clearly precise. On the other hand, a lot of improvements have been provided, such as: continuing the treatment after leaving prison, not only pharmacological treatment but also psychotherapy, the system of prevention. Despite of the strong attempts to promote the special role of pharmacological treatment of sexual crime perpetrators (,,chemical castration"), the new solutions promote a complex and interdisciplinary approach to this problem. In this article, the author described the current Polish experience in the therapy of sexual crime perpetrators and listed several rules of preparing the forensic-psychological expertise according to the described problem in context of new legal regulations.
Lyapustina, Tatyana; Rutkow, Lainie; Chang, Hsien-Yen; Daubresse, Matthew; Ramji, Alim F; Faul, Mark; Stuart, Elizabeth A; Alexander, G Caleb
States have attempted to reduce prescription opioid abuse through strengthening the regulation of pain management clinics; however, the effect of such measures remains unclear. We quantified the impact of Texas's September 2010 "pill mill" law on opioid prescribing and utilization. We used the IMS Health LRx LifeLink database to examine anonymized, patient-level pharmacy claims for a closed cohort of individuals filling prescription opioids in Texas between September 2009 and August 2011. Our primary outcomes were derived at a monthly level and included: (1) average morphine equivalent dose (MED) per transaction; (2) aggregate opioid volume; (3) number of opioid prescriptions; and (4) quantity of opioid pills dispensed. We compared observed values with the counterfactual, which we estimated from pre-intervention levels and trends. Texas's pill mill law was associated with declines in average MED per transaction (-0.57 mg/month, 95% confidence interval [CI] -1.09, -0.057), monthly opioid volume (-9.99 kg/month, CI -12.86, -7.11), monthly number of opioid prescriptions (-12,200 prescriptions/month, CI -15,300, -9,150) and monthly quantity of opioid pills dispensed (-714,000 pills/month, CI -877,000, -550,000). These reductions reflected decreases of 8.1-24.3% across the outcomes at one year compared with the counterfactual, and they were concentrated among prescribers and patients with the highest opioid prescribing and utilization at baseline. Following the implementation of Texas's 2010 pill mill law, there were clinically significant reductions in opioid dose, volume, prescriptions and pills dispensed within the state, which were limited to individuals with higher levels of baseline opioid prescribing and utilization. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.
PİR ALİ KAYA
Full Text Available Today, employment security is a most important need for wage-earners, especially in developing countries which have a high rate of unemployment, where firing workers is a way to lower wages. Because of that there are some provisions of international regulations that need to be addressed. Job security and restrictions on firing figure prominently in much national labour legislation. These provisions and principles are underlined in ILO Recommendation No. 119 and Convention No. 158. In this paper, attention is focused on ILO Convention No. 158 and its repercussions on Turkish labour law.
Himes, S M
This Article analyzes potential conflicts that arise from both the judicial and administrative approval processes that govern the closure of charitable hospitals through a sale of all or substantially all of their assets. Examining the recent closure attempt by the Manhattan Eye, Ear & Throat Hospital as an example, the Article highlights the various public health and corporate law issues that are raised when a not-for-profit hospital seeks closure. The Article thoroughly discusses both the statutorily and judicially required approval schemes applicable to the closure of charitable hospitals. The Article also suggests ways in which these conflicts might be avoided or remedied, as well as gives advice regarding hospital board decisionmaking.
Borges, Ana Luiza Vilela; Tsui, Amy Ong; Fujimori, Elizabeth; Hoga, Luiza Akiko Komura
We aimed to determine whether current contraceptive use is affected by a history of abortion for women from a country with abortion-restricted laws. This is an analysis of 2006 Brazil Demographic and Health Survey. Nonpregnant women whose first pregnancy occurred in the previous 5 years were selected for this study (n = 2,181). We used propensity score matching to compare current contraceptive use among women with induced or spontaneous abortion and women with no abortion. We found differences in the use, but women with a history of abortion did not report more effective contraceptive than women with no abortion, as we expected.
Full Text Available Investment is a crucial component phenomenon for economic and industrial development of a country. The main objective of this paper is to highlight the present investment related laws and regulations in Bangladesh. An analysis has been made to depict different aspects and their impacts on formulations, promotions, incentives and facilities support provided by BOI, BEPZA, BSCIC, Ministry of Finance, Bangladesh Bank and National Board of Revenue to both local and foreign investors. The results of the study indicate that variables related to investment in Bangladesh are highly positive for economic growth and industrial development of the country.
This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.
Susanne D. Burri
Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.
Lindor, Rachel A; Boie, Eric T; Campbell, Ronna L; Hess, Erik P; Sadosty, Annie T
The objectives were to describe lawsuits against providers for failing to order head computed tomography (CT) in cases of head trauma and to determine the potential effects of available clinical decision rules (CDRs) on each lawsuit. The authors collected jury verdicts, settlements, and court opinions regarding alleged malpractice for failure to order head CT in the setting of head trauma from 1972 through February 2014 from an online legal research tool (WestlawNext). Data were abstracted onto a standardized data form. The performance of five CDRs was evaluated. Sixty relevant cases were identified (52 adult, eight children). Of 48 cases with known outcomes, providers were found negligent in 10 cases (six adult, four pediatric), settled in 11 cases (nine adult, two pediatric), and were found not liable in 27 cases. In all 10 cases in which providers were found negligent, every applicable CDR studied would have indicated the need for head CT. In all eight cases involving children, the applicable CDR would have suggested the need for head CT or observation. A review of legal cases reported in a major online legal research system revealed 60 lawsuits in which providers were sued for failing to order head CTs in cases of head trauma. In all cases in which providers were found negligent, CT imaging or observation would have been indicated by every applicable CDR. © 2015 by the Society for Academic Emergency Medicine.
This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.
de Barcellos, Ana Paula
Public law litigation has been used in many places to advance human rights related to health. In Brazil, such lawsuits usually request that the government pay for pharmaceuticals to individuals. But could litigation play a role in shaping public health policies to benefit communities? To explore this question, this paper focuses on lawsuits involving determinants of health, namely water and sanitation public policies. This paper discusses the results of an empirical study of 258 Brazilian court orders, issued in a 10-year period, that address requests for sewage collection and treatment. The data show that the Brazilian judiciary is willing to improve access to sanitation services. However, litigation has addressed fewer than 177 out of the 2,495 Brazilian municipalities that lack both sewage collection and treatment systems, and lawsuits are concentrated in the richer cities, not in the poorest ones. This paper suggests that public law litigation can be used to foster public health policies similar to the way in which structural reform litigation and the experimentalism approach between courts and defendants have influenced public policies and achieved institutional reform in schools and prisons. However, greater effort is needed to target initiatives that would reach the most disenfranchised communities. Copyright © 2014 Barcellos. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.
Full Text Available Benford’s law has attracted many researchers for detecting the fraudulent data and can be used as one of the digital analysis tools for auditing of the accounting data. In this treatise, the accuracy of figures reported in Hungarian Trading Companies’ data are examined through digital analysis technique with the consideration of Benford’s Law. The net sales data from the period of year 2009 to 2014 has been used for detecting the anomalies and to confirm whether the digit-pattern follows Benford’s distribution. Through the obtained results we claimed that the frequencies of first and second digits’ place follow the Benford’s theoretical distribution and exhibits to close conformity. Moreover analysis of the second, first-order and second-order gave a mixed result of close conformity to significant deviation from expected frequency. Also the absolute deviation (MAD value of first and second digit suggest an overall conformity of the data to Benford’s distribution.
Full Text Available The first-degree power-law polynomial function is frequently used to describe activity metabolism for steady swimming animals. This function has been used in hydrodynamics-based metabolic studies to evaluate important parameters of energetic costs, such as the standard metabolic rate and the drag power indices. In theory, however, the power-law polynomial function of any degree greater than one can be used to describe activity metabolism for steady swimming animals. In fact, activity metabolism has been described by the conventional exponential function and the cubic polynomial function, although only the power-law polynomial function models drag power since it conforms to hydrodynamic laws. Consequently, the first-degree power-law polynomial function yields incorrect parameter values of energetic costs if activity metabolism is governed by the power-law polynomial function of any degree greater than one. This issue is important in bioenergetics because correct comparisons of energetic costs among different steady swimming animals cannot be made unless the degree of the power-law polynomial function derives from activity metabolism. In other words, a hydrodynamics-based functional form of activity metabolism is a power-law polynomial function of any degree greater than or equal to one. Therefore, the degree of the power-law polynomial function should be treated as a parameter, not as a constant. This new treatment not only conforms to hydrodynamic laws, but also ensures correct comparisons of energetic costs among different steady swimming animals. Furthermore, the exponential power-law function, which is a new hydrodynamics-based functional form of activity metabolism, is a special case of the power-law polynomial function. Hence, the link between the hydrodynamics of steady swimming and the exponential-based metabolic model is defined.
Parmet, Wendy E
This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell , the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future. Copyright © 2016 by Duke University Press.
Makowski, Marcin; Piotrowski, Edward W.; Sładkowski, Jan; Syska, Jacek
We consider properties of the measurement intensity ρ of a random variable for which the probability density function represented by the corresponding Wigner function attains negative values on a part of the domain. We consider a simple economic interpretation of this problem. This model is used to present the applicability of the method to the analysis of the negative probability on markets where there are anomalies in the law of supply and demand (e.g. Giffen's goods). It turns out that the new conditions to optimize the intensity ρ require a new strategy. We propose a strategy (so-called à rebours strategy) based on the fixed point method and explore its effectiveness.
Terranova, Claudio; Rocca, Gabriele
Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. © The Author(s) 2015.
Edens, John F; Cox, Jennifer; Smith, Shannon Toney; DeMatteo, David; Sörman, Karolina
The Psychopathy Checklist-Revised (PCL-R; Hare, 2003) is a professional rating scale that enjoys widespread use in forensic and correctional settings, primarily as a tool to inform risk assessments in a variety of types of cases (e.g., parole determinations, sexually violent predator [SVP] civil commitment). Although widely described as "reliable and valid" in research reports, several recent field studies have suggested that PCL-R scores provided by examiners in forensic cases are significantly less reliable than the interrater reliability values reported in research studies. Most of these field studies, however, have had small samples and only examined SVP civil commitment cases. This study builds on existing research by examining the reliability of PCL-R scores provided by forensic examiners in a much more extensive sample of Canadian criminal cases. Using the LexisNexis database, we identified 102 cases in which at least 2 scores were reported (of 257 total PCL-R scores). The single-rater intraclass correlation coefficient (ICC(A1)) was .59, indicating that a large percentage of the variance in individual scores was attributable to some form of error. ICC values were somewhat higher for sexual offending cases (.66) than they were for nonsexual offending cases (.46), indicating that poor interrater reliability was not restricted specifically to the assessment of sexual offenders. These and earlier findings concerning field reliability in legal cases suggest that the standard error of measurement for PCL-R scores that are provided to the courts is likely to be much larger than the value of 2.90 reported in the instrument's manual. (c) 2015 APA, all rights reserved).
LL.M. (International Commercial Law) This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Co...
Bayard, D. S.; Wen, J. T.
A new class of asymptotically stable adaptive control laws is introduced for application to the robotic manipulator. Unlike most applications of adaptive control theory to robotic manipulators, this analysis addresses the nonlinear dynamics directly without approximation, linearization, or ad hoc assumptions, and utilizes a parameterization based on physical (time-invariant) quantities. This approach is made possible by using energy-like Lyapunov functions which retain the nonlinear character and structure of the dynamics, rather than simple quadratic forms which are ubiquitous to the adaptive control literature, and which have bound the theory tightly to linear systems with unknown parameters. It is a unique feature of these results that the adaptive forms arise by straightforward certainty equivalence adaptation of their nonadaptive counterparts found in the companion to this paper (i.e., by replacing unknown quantities by their estimates) and that this simple approach leads to asymptotically stable closed-loop adaptive systems. Furthermore, it is emphasized that this approach does not require convergence of the parameter estimates (i.e., via persistent excitation), invertibility of the mass matrix estimate, or measurement of the joint accelerations.
Asante-Duah, K; Nagy, I V
The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of "acceptable" waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community-and thus a need for the careful implementation of such agreements and regulations.
Roberts, Michael T
Trust underpins the Chinese social system, and yet it is lacking from a Chinese food system that is riddled with safety disasters and disgruntled consumers. Government and industry play a major role in rehabilitating consumer trust in China. To this end, food safety and quality laws have been constructed to foster this process; however, safety scandals continue even in the face of stricter regulations and increased enforcement. A potential toll to abate food-safety problems and to build trust is the implementation of Corporate Social Responsibility ("CSR"). Mandates by the government promote CSR in enterprise activity, including Article 3 of the 2009 China Food Safety Law. Officials have also recently touted the need for "moral education" of operators in the food industry. Regardless of government activity or whether CSR is employed by food enterprises, it is imperative that the food industry recognizes how critical it is to establish trust with Chinese consumers, who increasingly expect safe, quality food. The case study with pistachios highlights this evolving consumer expectation and the principles of social responsibility in the framework of the relationship between government and industry and consumers, while demonstrating the benefits of doing the right thing for food companies doing business in China.
Gordon, Daniel E; Bian, Fuqin; Anderson, Bridget J; Smith, Lou C
Prompt entry to care after HIV diagnosis benefits the infected individual and reduces the likelihood of further transmission of the virus. The New York State HIV Testing Law of 2010 requires diagnosing providers to refer persons newly diagnosed with HIV to follow-up medical care. This study used routinely collected HIV-related laboratory data from the New York State HIV surveillance system to assess whether the fraction of newly diagnosed cases entering care within 90 days of diagnosis increased after the implementation of the law. Laboratory data on 23,302 newly diagnosed cases showed that entry to care within 90 days rose steadily from 72.0% in 2007 to 85.4% in 2012. The rise was observed across all race/ethnic groups, ages, transmission risk groups, sexes, and regions of residence. Logistic regression analyses of entry to care pre-law and post-law, controlling for demographic characteristics, transmission risk, and geographic area, indicate that percentage of newly diagnosed cases entering care within 90 days grew more rapidly in the post-law period. This is consistent with a positive effect of the law on entry to care.
Cranmore, Jeff; Fossey, Richard
Various issues relating to education and religion continue to appear in federal court. One issue that is most relevant to music educators is the use of religious music in school music curriculum. Although no federal guidelines exist as to what is acceptable usage, a number of federal cases have addressed the various issues, from the use of…
van Dijck, Gijs
Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary
Harshman, Jordan; Bretz, Stacey Lowery; Yezierski, Ellen
Adequately accommodating students who are blind or low-vision (BLV) in the sciences has been a focus of recent inquiry, but much of the research to date has addressed broad accommodations rather than devising and testing specific teaching strategies that respond to the unique challenges of BLV students learning chemistry. This case study seeks to…
Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke
Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law...
Rosane Leal da Silva
Full Text Available Tendo-se em vista a crescente popularização de redes de relacionamento virtual como o Orkut, a facilidade de divulgação de conteúdos prejudiciais nesses meios, e a necessidade de o Direito adaptar-se às demandas da Era da Informação, o presente artigo busca elucidar se e como o sistema judiciário brasileiro julga litígios envolvendo discursos de ódio publicados em redes sociais. De forma a cumprir esse objetivo, utilizou-se de abordagem quantitativa (coleta sistemática de dados jurisprudenciais nos sítios de tribunais, tendo por filtro a palavra "Orkut" e qualitativa (análise das jurisprudências pertinentes. Como conclusão, verificou-se que o Poder Judiciário do Brasil, embora receba poucas demandas sobre discursos intolerantes veiculados em rede virtual, posiciona-se de forma a privilegiar a dignidade das pessoas que interagem no ciberespaço.Considering the growing popularization of virtual social networks like Orkut, the easiness to spread harmful content in this media, and the need of law to adapt itself to the demands of the "information age", the present paper aims to elucidate whether and how the Brazilian Judicial System judges cases involving hate speech published in social networks. In order to fulfill this objective, two approaches have been used: one quantitative (systemic gathering of jurisprudential data in the tribunals'sites, having for filter the word "Orkut" and the other, qualitative (analysis of relevant case law. In conclusion, it was verified that the Judiciary in Brazil, although it receives few complaints about intolerant discourses conveyed in virtual network, it is positioned so as to privilege the dignity of people interacting in cyberspace.
EU Member State status – Member statehood – The idea of an “Integrated State” – Impact of EU membership on the concepts and substance of national constitutional law – Europeanization of member state’s constitutional law – European constitutional law understood as Europeanized national constitutional law – European functions of constitutional organs – How to protect fundamental rights in a European area characterized by the overlaying of legal sources – The concept of “higher law” within the n...
In nations where state law is in conflict with traditional or customary law, significant issues can arise regarding the implementation of and adherence to national laws. A thorough understanding of this phenomenon within the context of legal pluralism is likely to reduce some of this conflict and
Sobredo, Laura D
In order to understand and adjust to the legal obligations that rule our professional practice as psychiatrists, it is useful to know the regulatory framework and its internal logic. The analysis of the case "Ximenes Lopes vs Brazil" (2006), from the Inter-American Court of Human Rights, intends to be, within this work, a contribution to understand those norms. The Inter-American Court of Human Rights conducts litigation that decides on the responsibility of Member States in alleged violations of human rights. Court sentences reflect the way judges interpret norms, solve conflicts between citizens and States, order reparations and control compliance with international obligations of States. "Ximenes Lopes vs Brazil" is the first judgement by the Inter-American Court of Human Rights against the State of Brazil and is also the first one that addresses the issue of mental disability. In that judgement the Inter-American System sanctions a democratic State, emphasizing the effective access to Justice among historically and structurally discriminated groups, in this particular case people with mental disability.
Full Text Available The Millennium Development Goals (MDGs are milestones on a long road to global development. They were adopted by consensus in 2000 as a policy framework to guide the global development process, ending poverty as the overarching goal. Time-bound, with quantified targets for addressing extreme poverty in its many dimensions, the goals have successfully drawn the attention of the world to the virulence of grinding poverty in low-income countries. However, with the deadline in plain sight it has become clear that many of the quantified targets set out in the Millennium Declaration (MD in the year 2000 are no longer realistic. Recent reviews of the progress so far in achieving these goals suggest a marked discrepancy in outcomes across the regions. Besides, there are concerns that even if these set goals are met, new challenges have emerged with the potential of reversing whatever progress that has been made under the current development framework. For example, sub-Saharan Africa (SSA as a region seems to be off-track in meeting these goals. While other regions of the world have made significant progress in achieving many of the goals, there is a widespread shortfall in the achievement of most of the MDGs in SSA countries. It is against this backdrop that there is an on-going process of articulating a new development agenda to consolidate and build on the successes of this current development framework, address new, pressing global concerns, and confront the shortfalls and gaps in the outcomes of the MDG framework. This paper argues that law has an inherent development function and can play a significant role in driving the proposed post-2015 development agenda. The paper therefore seeks to make a case for the adoption of a development-driven approach to law as a linchpin for the post-2015 development agenda.
Full Text Available This paper analyzes the legal basis for 'proceduralization' of Article 8 of the European Convention on Human Rights in environmental cases. Procedural aspect of Article 8 has been interpreted as giving rise to a positive duty for States, under certain circumstances, to protect individuals from environmental factors that seriously affect their private and family life. The paper shows that the Court's reliance on the concept of positive obligations with regard to Article 8 has expanded significantly over time, abandoning the link between the State and the harmful activity, as well as reflecting strong preventive nature of duties contained in Article 8. It is shown that the proceduralization of Article 8 represents an influence by a number of well established rules and principles of international law relating to the environment. Another aspect that is analysed in this paper is the scope of procedural dimension of Article 8, which is compared with other environmental law sources, as well as with other procedural rights that derive from the European Convention. Finally, it has been argued that the European Court has an environmentally expansionist interpretation of the right to private and family life, and that the Court set very important standards in relation to the content of procedural rights to participate in environmental decision-making and to access justice in environmental matters. However, the authors conclude that the Court's approach in dealing with certain matters could be criticized as well, such as the failure to provide clear standards in relation to the scope and definition of environmental information.
Ketteler, G.; Kippels, K.
In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de
Rabiu, Abdul-Rasheed; Sugand, Kapil
The medical profession consistently strives to uphold patient empowerment, equality and safety. It is ironic that now, at a time where advances in technology and knowledge have given us an increased capacity to preserve and prolong life, we find ourselves increasingly asking questions about the value of the lives we are saving. A recent editorial by Professor Raanan Gillon questions the emphasis that English law places on the sanctity of life doctrine. In what was described by Reverend Nick Donnelly as a "manifesto for killing patients", Professor Gillon argues that the sanctity of life law has gone too far because of its disregard for distributive justice and an incompetent person's previously declared autonomy. This review begins by outlining the stance of the sanctity of life doctrine on decisions about administering, withholding and withdrawing life-prolonging treatment. Using this as a foundation for a rebuttal, a proposal is made that Professor Gillon's assertions do not take the following into account:1) A sanctity of life law does not exist since English Common Law infringes the sanctity doctrine by tolerating quality of life judgements and a doctor's intention to hasten death when withdrawing life-prolonging treatment.2) Even if a true sanctity of life law did exist:a) The sanctity of life doctrine allows for resource considerations in the wider analysis of benefits and burdens.b) The sanctity of life doctrine yields to a competent person's autonomous decision.This review attempts to demonstrate that at present, and with the legal precedent that restricts it, a sanctity of life law cannot go too far.
Jonker, M.; Tigchelaar, H.
In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on
Langsted, Lars Bo; Garde, Peter; Greve, Vagn
<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....
Harold J. Berman
Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.
Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to
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The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.
This essay traces the role of the drug thalidomide in the reform of Canadian abortion law during the late 1960s. Like elsewhere in the British Commonwealth, discussion of the "thalidomide disaster" of the early 1960s intensified leading up to the debates that culminated in the 1969 amendment to Canadian abortion law. Although thalidomide was a rallying point for advocates of eugenic abortion, a majority of Canadian MPs, unlike their British and Commonwealth counterparts, rejected this argument. Widespread public and political considerations of the thalidomide tragedy were thus unable to inspire support for a eugenic clause in Canada's new abortion law, in spite of the nation's infamous eugenic past.
The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...
The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...
G. P. Tolstopiatenko
Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972
Full Text Available The original formula established by the EU legislator for the repression of unfair terms (by the use of the criteria for the establishment of the abusive character – the lack of negotiation of the clause, the significant unbalance between the rights and obligations of the parties and the infringement, by the professional, of the good faith requirement was consolidated by the developments made at case law level through the exercise, by the Court in Luxembourg, of its interpretative function. The study starts with a diachronic view of the solutions that highlighted the manifest tendency of CJEU to provide the effective protection of consumers by the admission of the judicial control performed ex officio over the unfair terms in Océano Grupo, Mostaza Claro and Cofidis, such judgments being also reconfirmed on occasion of the ulterior interventions from Pannon GSM, Asturcom Telecomunicaciones and Pénzügyi Lízing or, with particular reference to the consumer credit contracts, in Banco Español de Crédito and, lately, in Aziz (I. Afterwards, following a general description of the casuistic background of the disputes between credit consumers and banks in Romania (II, the analysis of the juridical meanings of the interpretations related to the recent Kásler case law from the 30th of April 2014, respectively Sánchez Morcillo and Abril García case laws from the 17th of July 2014 may not be extended also by the realistic assessment of the effects thereof in our national law and of the (potential implications that are relevant for the Romanian courts of law (III.
Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.
This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de
Harold J. Berman; Robert W. Woodruff; James Barr Ames
In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...
Department of Jurisprudence and International Law, Faculty of Law, University of. Benin, Nigeria; barrister and ... well established in the case law of international courts and tribunals that the purpose of the rule is to allow the .... the right to participate in public/governmental affairs, among others. The applications were later ...
SH. M. Hum. TAUFIQURRAHMAN
Full Text Available Regulatory on the Corporate Social Responsibility (CSR by mandatory in Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company (hereafter the Company Law raises a contradiction. Those who agree argue that the company is not solely for profit, but more than that are participating in social issues and the preservation of the environment within the framework of sustainable development. Conversely, those who disagree view that social issues and the environment are the full responsibility of state. The involvement of a corporation in social and environmental activities is voluntary. Verdict of the Indonesian Constitutional Court in case no. 53/PUU-VI / / 2008 dated 13 April 2009 which rejected a requesting of material test of the Article 74 paragraph (1, (2 and (3 of the Company Law confirms the existence of the CSR by mandatory in international trade traffic today. The analytical results indicates that mandatory CSR regulation in the Company Law is not a form of a state intervention to the private activities. In addition, the arrangement is not contrary to the principles of free trade within the framework of the General Agreement on Tariffs and Trade (GATT / World Trade Organization (WTO.
Bjorholm, Stine Wendelboe; Svenning, J.-C.; Skov, Flemming
Tobler's first law of geography, 'Everything is related to everything else, but near things are more related than distant things' also applies to biological systems as illustrated by a general and strong occurrence of geographic distance decay in ecological community similarity. Using American...... palms (Arecaceae) as an example, we assess the extent to which Tobler's first law applies to species richness and species composition, two fundamental aspects of ecological community structure. To shed light on the mechanisms driving distance decays in community structure, we also quantify the relative...
DeMatteo, David; Edens, John F; Galloway, Meghann; Cox, Jennifer; Smith, Shannon Toney; Formon, Dana
The civil commitment of offenders as sexually violent predators (SVPs) is a highly contentious area of U.S. mental health law. The Psychopathy Checklist-Revised (PCL-R) is frequently used in mental health evaluations in these cases to aid legal decision making. Although generally perceived to be a useful assessment tool in applied settings, recent research has raised questions about the reliability of PCL-R scores in SVP cases. In this report, we review the use of the PCL-R in SVP trials identified as part of a larger project investigating its role in U.S. case law. After presenting data on how the PCL-R is used in SVP cases, we examine the reliability of scores reported in these cases. We located 214 cases involving the PCL-R, 88 of which included an actual score and 29 of which included multiple scores. In the 29 cases with multiple scores, the intraclass correlation coefficient for a single evaluator for the PCL-R scores was only .58, and only 41.4% of the difference scores were within 1 standard error of measurement unit. The average score reported by prosecution experts was significantly higher than the average score reported by defense-retained experts, and prosecution experts reported PCL-R scores of 30 or above in nearly 50% of the cases, compared with less than 10% of the cases for defense witnesses (κ = .29). In conjunction with other recently published findings demonstrating the unreliability of PCL-R scores in applied settings, our results raise questions as to whether this instrument should be admitted into SVP proceedings.
de Moor-van Vugt, A.
EU law has broadened the scope of administrative sanctioning by adding a variety of sanctions to the palette of sanctions in national law. Since the coming into force of the Charter, EU procedural standards are modelled on the ‘criminal charge’ case law of the ECtHR. These standards are discussed
There is widespread agreement among contemporary philosophers of biology and philosophically-minded biologists that Darwin's insights about the intrusion of chance processes into biological regularities undermines the possibility of there being biological laws. Darwin made references to "designed laws." He also freely described some laws as having exceptions. This paper provides a philosophical analysis of the notion of scientific laws that was dominant in Darwin's time, and in all probability the one which he inherited. The analysis of laws is then used to show how it could have been natural for Darwin to believe in designed laws that had exceptions, and to highlight the continuity between the metaphysics of pre-Darwinian, Darwinian, and contemporary biological science. One important result is the removal of one motivation for the anti-laws sentiment in philosophy and biology. Copyright © 2011 Elsevier Ltd. All rights reserved.
The concept of sustainability has been widely embraced by society and in environmental law and policy as a measure to ensure a heritage of economic viability, social equity, and environmental stewardship. In a large number of statutes, Congress and many state legislatures have be...
Lanning, Kenneth V.
This booklet provides a behavioral analysis of child molesters. The terms child molesters and pedophiles are defined and distinctions are drawn between the two. The second section develops a law enforcement typology differing from those of mental health professionals, focusing on pre-arrest behavior or pre-identification behavior of child…
Kerins, Gillian; Madden, Ronan; Fulton, Crystal
This paper reports the results of two empirical studies which explored the information seeking behaviour of engineering and law students in Ireland. Findings reveal similar patterns in the information seeking behaviour between students studying to become professionals and information seeking patterns of these groups identified in the Leckie et al.…
Diego Armando Yáñez Meza
Full Text Available Initially the theory of repairing the damage caused by act or omission attributable to the state as a subject faced the dogma of irresponsibility. This was a paradigm that in the context of the new constitutional law should not be allowed any validity because it is not a case of the exercise of a divine power or Leviathan because of its superiority over the inhabitants, as institutionalist theses of yore held. However, as it will be evident, there is some jurisprudence position that reminds us of those theses concerning the state responsibility because of the case of displaced persons and there are doctrinal realities that pose their attenuated return since the law of non-contractual liability appears as an option which is ill-suited for the victims. Hence the need to determine the pattern of resolution to the legal problem posed by the Administrative Justice in order to identify its characteristics and to establish the road map drawn to repair one of the most flagrant violations of human rights and humanitarian international law.
This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de
Khadraoui, Abdelaziz; Opprecht, Wanda; Léonard, Michel; Aïdonidis, Christine
The compliance of e-government services with legal aspects is a crucial issue for administrations. This issue becomes more difficult with the fast-evolving dynamics of laws. This chapter presents our approach to describe and establish the link between e-government services and legal sources. This link is established by an ontology called “law-based ontology.” We use this ontology as means to define and to construct e-government services. The proposed approach is illustrated with one case study: the specification of services in relationship with the venture creation in Switzerland and in the State of Geneva. We have selected the Commercial Register area which mainly encompasses the registration of a new company and the modification of its registration.
Full Text Available In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4 of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b does not foresee the outcome of his actions, although he should and could have.”This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6 of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”.
The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy
Miguel Ángel Cepillo Galvín
Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.
Medina-Arellano, María de Jesús
Abstract News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. PMID:28852557
Omo-Aghoja, L O; Omo-Aghoja, V W; Feyi-Waboso, P; Onowhakpor, E A
Abortion continues to be a major public health issue that evokes social, political, legal, cultural and religious sentiments and debates in all societies. This is particularly so in countries with restrictive abortion laws. It is one of the leading causes of maternal mortality and morbidity. Despite variations in the legal status of abortions in favor of restrictiveness in developing countries compared with developed countries, overall rates are quite higher in the developing countries. This review article therefore, examines the historical perspectives of induced abortion as well as the issues and controversies associated with induced abortion. Also, a review of the Nigeria national abortion law is made. We believe that this is capable of identifying useful interventions for designing programs that will lead to a reduction in the burden of unsafe abortion in developing countries.
Full Text Available This paper reports the results of two empirical studies which explored the information seeking behaviour of engineering and law students in Ireland. Findings reveal similar patterns in the information seeking behaviour between students studying to become professionals and information seeking patterns of these groups identified in Leckie et al.'s model. Students learned their information seeking strategies, including effective and less effective approaches, from educators and continuing mis-perceptions of libraries and information professionals. The studies suggest that engineering and law students in Ireland could benefit from greater information literacy training and awareness, enabling them to acquire the information skills they need to function effectively and efficiently in their future professional work lives.
Saldi Isra; Ferdi Ferdi; Hilaire Tegnan
It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preemi...
From the set of the first three structural axioms follows the - economic - triangle theorem. It asserts that the product of the three key ratios, which characterize the firm, the market outcome, and the income distribution, is always equal to unity. The theorem contains only unit-free variables, is testable in principle, and involves no behavioral assumptions. The differentiated triangle theorem applies to an arbitrary number of firms. Therefrom Walras’s Law can be derived without recourse to...
Moreno Esparza, Gabriel A
This article looks at the coverage US broadcaster Univision provided about the Arizona law, a measure criminalizing undocumented immigrants. Content analysis of Noticiero Univision’s reports on the subject reveals the presence of diasporic public spheres, a notion that is regularly deployed in reference to media from the homeland of transnational communities, but which has rarely been explored at the empirical level in host‐land contexts. This contribution suggests that while the paradigm of ...
In this paper it is described how the European Union embodies the principle of nondiscrimination on the grounds of gender in the sport field. It will be described the principle of nondiscrimination accordingly to the European Union law primary and secondary legislation, mentioning the Equality Directive (2006/54) in particular, which clarifies the definitions of direct and indirect discrimination. It will be analyzed the nondiscrimination principle applied to the sport field, from a regulatio...
Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.
Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.
Mohamad, Abdul Basir Bin
The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...
Elsmore, Matthew James
-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...
Sills, Eric Scott
The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional \\'right to procreate\\' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.
Sills, Eric Scott; Murphy, Sarah Ellen
The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.
Full Text Available Abstract The development of in vitro fertilisation (IVF as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.
Full Text Available The article deals with the models of multi-party litigation established in Brazilian law, considering the class action model and the model systematized by the Civil Procedure Code of 2015 consisting of repetitive case judgments. It exposes the evolution, influences and consolidation of multi-party litigation in the Brazilian legal system, identifies the collective actions microsystem and deals with its relationship with the Civil Procedure Codes of 1973 and 2015, under a constitutional perspective. It presents characteristics of the incident of resolution of repetitive demands and the repetitive extraordinary and special appeals, with comparisons with the model of class actions. It discusses, from a comparative law perspective, the three great models of collective tutelage (American, European, and Brazilian in their relationship with the holders of individual rights. Finally, it brings forward considerations about the due process of law, presenting a doctrinal vision based on the need to evaluate the conflict and the complexity of the litigation to adapt the forms of multi-party conflicts resolution.
Full Text Available The purpose of this contribution is to assess the impact of the EU Internal Market rules on the development of Union’s social policy. To that end the author analyses trends in the EU’s social policy over time, also following the outbreak of the economic and financial crisis in 2008, synthesising selected Union’s legislation, soft measures and case law relating to social policy, with a view to determining their immediate or potential impact on social rights and social protection. It is submitted that to date, the Union has made but a very restricted use of its powers to develop the social dimension of its Single Market, which contributes to the difficulties in reconciling social and labour rights with competition law and economic freedoms. This problem is ascribed not exclusively to the commonly blamed inequality of arms resulting from the prevalence of soft measures in the area of social policy and the hard law regulatory framework for the implementation of the Single Market rules. Its core is identified in the lack of will on the part of national governments to advance economic integration on common (European social foundations. Hence the necessary prerequisite for the further advance of the EU social policy and a sustainable European socio-economic model is the attitude change in the Member States.
Ferris, Lorraine E
Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.
Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution--or vindication--of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.
Minssen, Timo; Nilsson, David
review (5). Why a potential Supreme Court review of AMP v. USPTO would indeed be a much welcomed and necessary development is now analyzed in Part III. This part will elaborate on the myriad of unsolved questions raised by both AMP v. USPTO and a bulk of subsequent case law addressing the patent...... decision in Prometheus v. Mayo. Part IV, which is to be published in issue 4, will finally offer a broader discussion of the recent US patent-eligibility developments from an innovation policy perspective including brief references to recent European developments (7). This will provide the basis...
Manitoba Dept. of Education, Winnipeg.
This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…
Bullis, Ronald K.
Two recent federal court cases have addressed the constitutionality of using sexual surveys in public schools. This article compares these cases with an earlier case dealing with the same issue but reaching different results. This article also describes the constitutional rights of parents to educate their children and the school's rights to…
Hötte, Michiel H H; Kolodin, Igor A; Bereznuk, Sergei L; Slaght, Jonathan C; Kerley, Linda L; Soutyrina, Svetlana V; Salkina, Galina P; Zaumyslova, Olga Y; Stokes, Emma J; Miquelle, Dale G
Although considerable conservation resources have been committed to develop and use law enforcement monitoring and management tools such as SMART, measures of success are ill-defined and, to date, few reports detail results post-implementation. Here, we present 4 case studies from protected areas with Amur tigers (Panthera tigris altaica) in Russia, in which indicators of success were defined and evaluated at each. The ultimate goal was an increase in tiger numbers to 1 individual/100 km(2) at each site. We predicted that improvements in law enforcement effectiveness would be followed by increases in prey numbers and, subsequently, tiger numbers. We used short-term and long-term indicators of success, including: (i) patrol team effort and effectiveness; (ii) catch per unit effort indicators (to measure reductions in threats); and (iii) changes in target species numbers. In addition to implementing a monitoring system, we focused on improving law enforcement management using an adaptive management process. Over 4 years, we noted clear increases in patrol effort and a partial reduction in threats. Although we did not detect clear trends in ungulate numbers, tiger populations remained stable or increased, suggesting that poaching of tigers may be more limiting than prey depletion. Increased effectiveness is needed before a clear reduction in threats can be noted, and more time is needed before detecting responses in target populations. Nonetheless, delineation of concrete goals and indicators of success provide a means of evaluating progress and weaknesses. Such monitoring should be a central component of law enforcement strategies for protected areas. © 2015 International Society of Zoological Sciences, Institute of Zoology/Chinese Academy of Sciences and John Wiley & Sons Australia, Ltd.
Linek, Lukáš; Lyons, Pat
Roč. 47, č. 6 (2011), s. 1149-1190 ISSN 0038-0288 R&D Projects: GA ČR GAP408/10/0584 Institutional research plan: CEZ:AV0Z70280505 Keywords : party members * May’s Law * policy positions Subject RIV: AD - Politology ; Political Sciences Impact factor: 0.357, year: 2011 http://sreview.soc.cas.cz/uploads/018e7e18fc3f280fde49ea043eadc0c262d678f7_LINEK%20LYONSsoccas2011-6.pdf
Rendel, Pedro M.; Gavrieli, Ittai; Wolff-Boenisch, Domenik; Ganor, Jiwchar
The main obstacle in the formulation of a quantitative rate-model for mineral precipitation is the absence of a rigorous method for coupling nucleation and growth processes. In order to link both processes, we conducted a series of batch experiments in which gypsum nucleation was followed by crystal growth. Experiments were carried out using various stirring methods in several batch vessels made of different materials. In the experiments, the initial degree of supersaturation of the solution with respect to gypsum (Ωgyp) was set between 1.58 and 1.82. Under these conditions, heterogeneous nucleation is the dominant nucleation mode. Based on changes in SO42- concentration with time, the induction time of gypsum nucleation and the following rate of crystal growth were calculated for each experiment. The induction time (6-104 h) was found to be a function of the vessel material, while the rates of crystal growth, which varied over three orders of magnitude, were strongly affected by the stirring speed and its mode (i.e. rocking, shaking, magnetic stirrer, and magnetic impeller). The SO42- concentration data were then used to formulate a forward model that couples the simple rate laws for nucleation and crystal growth of gypsum into a single kinetic model. Accordingly, the obtained rate law is based on classical nucleation theory and heterogeneous crystal growth.
Milena Zampieri Sellmann
Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...
Zwam, H.J. van
A description is given of international and Dutch-national atomic energy law. Attention is paid to regulations relevant to industry, as well as to relationships between national and international regulations. First, international law is considered, namely the Euratom Treaty, Euratom institutes and tasks of Euratom. Next, the Dutch-national legislation is discussed with respect to nuclear fuels, ores and security of State (Defence interests). Regulations concerning radioactive materials in working rooms and instruments, personnel dosimetry and safety measures are discussed. Finally, authority control on rule observance and penal uphold of nuclear law is considered. (G.J.P.)
Curtice, Martin J R; Sandford, John J
The Human Rights Act 1998 (HRA) was introduced into United Kingdom domestic law in 2000 and incorporated most of the European Convention on Human Rights. Article 8 of the HRA provides the right to respect for private and family life, home, and correspondence. It is a qualified right, underpinned by the core HRA principle of proportionality and therefore can be dynamically interpreted. The forensic and prison settings in the United Kingdom have produced numerous cases based on perceived infringements that may or may not have breached Article 8. These cases, when analyzed, help both to demonstrate how Article 8 may be breached in clinical practice and to illustrate key Article 8 principles that can be used and implemented in clinical practice to safeguard both clinicians and patients.
... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...
Full Text Available Crust-derived helium is generated from the radioactive decay of uranium, thorium and other radioactive elements in geological bodies. Compared with conventional natural gas, helium is a typical weak source gas as a result of extremely slow generation rate and absence of helium-generating peak. It is associated with methane or carbon dioxide reservoirs frequently and related to groundwater closely. Helium can meet the industry standard with 0.1% in volume fraction. In order to study the accumulation mechanism of helium, the previous research on Henry's coefficient and solubility of helium, nitrogen and methane are summarized and the key roles of Henry's Law in the helium migration, accumulation and preservation are discussed by simulating calculation taking Weihe Basin as an example. According to the Law, the gas solubility in dilute solution is controlled by the gas partial pressure and the Henry's coefficient. Compared with the carrier gases, the Henry's constant of helium is high, with striking difference at low and high temperature. In addition, the helium partial pressure is greatly different in helium source rocks and gas reservoirs, resulting in the great differences of helium solubility in the two places. The accumulation progresses are as follows. Firstly, helium can dissolve into water and migrate out of helium source rocks due to the high helium solubility, which is caused by high helium partial pressure and high temperature in source rock. Secondly, when dissolved helium is transported to the shallow gas reservoir, it is prone to be out of solution and into reservoir due to the extremely low partial pressure and low temperature. Meanwhile part of carrier gases dissolves into water, as if helium is “replaced” out. Furthermore, the low concentration funnel of dissolved helium is formed near the gas reservoir, then other dissolved helium continues to migrate towards the gas reservoir, which greatly improves the helium accumulation
Gabriela Ribeiro Farinha
Full Text Available A multi-ethnic community farm, located in California, was created in 2011 to be commonly exploited by refugees and emigrants from different countries.This paper aims to describe, as an observable fact, how distinct non-state normativities behave and relate in their dynamic process of interaction, surpassing the usual state/local law bases of analysis.The farm was approved by the state authorities and the NGO has created its regulations. Concomitantly, the distinct communities of farmers have defied and transformed the farm’s regulations by incorporating their competing legal land tenure regimes and legal postulates in the same structure of the unofficial law of the farm, through a common frame of meaning and the enactment of the “autonomy rule”. This has allowed the growers to follow their normativities inside the farm. However, its creation process and daily practice also exposes the relevance of the official law in its constitution, shape and function. En 2011 se creó en California una granja multiétnica comunal, para que fuera explotada en comunidad por refugiados y emigrantes de diferentes países. Este artículo pretende describir, como hecho observable, cómo se comportan y se relacionan normativas no estatales en un proceso dinámico de interacción, superando las bases de análisis estado/local habituales del derecho. Las autoridades estatales aprobaron la granja, y la ONG creó su propia normativa. Al mismo tiempo, las diferentes comunidades de agricultores han desafiado y transformado el reglamento de la granja, incorporando sus regímenes legales de tenencia de tierras vigentes, y los postulados legales en la misma estructura del derecho no oficial, a través de un marco común de significado y la promulgación de la “norma de autonomía”. Esto ha permitido a los productores seguir sus normativas dentro de la finca. Sin embargo, su proceso de creación y práctica diaria también pone de manifiesto la importancia del
Choudhry, Asad J; Haddad, Nadeem N; Rivera, Mariela; Morris, David S; Zietlow, Scott P; Schiller, Henry J; Jenkins, Donald H; Chowdhury, Naadia M; Zielinski, Martin D
Annually, 15% of practicing general surgeons face a malpractice claim. Small bowel obstruction accounts for 12-16% of all surgical admissions. Our objective was to analyze malpractice related to small bowel obstruction. Using the search terms "medical malpractice" and "small bowel obstruction," we searched through all jury verdicts and settlements for Westlaw. Information was collected on case demographics, alleged reasons for malpractice, and case outcomes. The search criteria yielded 359 initial case briefs; 156 met inclusion criteria. The most common reason for litigation was failure to diagnose and timely manage the small bowel obstruction (69%, n = 107). Overall, 54% (n = 84) of cases were decided in favor of the defendant (physician). Mortality was noted in 61% (n = 96) of cases. Eighty-six percent (42/49) of cases litigated as a result of failing to diagnose and manage the small bowel obstruction in a timely manner, resulting in patient mortality, had a verdict with an award payout for the plaintiff (patient). The median award payout was $1,136,220 (range, $29,575-$12,535,000). A majority of malpractice cases were decided in favor of the defendants; however, cases with an award payout were costly. Timely intervention may prevent a substantial number of medical malpractice lawsuits in small bowel obstruction, arguing in favor of small bowel obstruction management protocols. Copyright © 2016 Elsevier Inc. All rights reserved.
Mullen, Kacy L; Edens, John F
Although professional surveys suggest that the Personality Assessment Inventory (PAI; Morey, 1991) is a popular instrument among forensic and correctional psychologists, relatively little is known about the specific types of legal cases in which it is applied, the particular types of questions it is used to address, or the extent to which its admissibility has been at issue in court cases. Using a comprehensive legal database, we surveyed all published U.S., Canadian, European, and Australian criminal and civil cases in which the PAI was administered. The PAI appears to be introduced by examiners in a wide variety of civil (e.g., child custody, personal injury) and criminal (e.g., insanity, competence) cases to aid in the assessment of a broad range of psychopathology. Additionally, the PAI seems to be used frequently to assess questions concerning potential dissimulation and response styles. Surprisingly, the admissibility of the PAI into evidence was never at issue in any of the cases reviewed.
The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.) [de
Varga, T; Szabó, A; Dósa, A; Bartha, F
The authors examine the criminal cases involving physicians and other health care workers between January 1996 and December 2000 inclusive. in Hungary. The data are based on the registry of the Criminal Prosecutor's Office. Altogether 94 cases were initiated in this period of time, the accused of the criminal proceeding was a registered nurse in 9 cases, an ambulance paramedic in 5 cases, a pharmacist in 3, and a physician in 77 cases. In cases where registered nurses were involved, the most common act was negligent change of medication or providing inadequate custody of a patient in need, pharmacists were also accused for negligent change of medicinal products. In case of ambulance assistants the most common violation of the professional rules was diagnostic failure or not responding to the call in time. As to physicians, mostly primary care physicians were accused (29%), usually for failing to examine the patient or for diagnostic error, obstetricians-gynecologists (17 %) and traumatologists (12 %) were also frequently accused.
for instigating MR is dangerous patient behavior and research has suggested that many MR episodes result from experienced violence or threat of violence by staff these aspects attract special attention. This study analyzes the role of threat, violence, and contextual characteristics in MR lawsuits. Methodology.......g. psychological) or aggressive behavior was described (e.g. humiliating remarks). In 52 cases (32%) there was information that belt fixation had been supplemented with arm or leg fixation. MR was concluded illegal in 124 (76%) of cases and in 33 cases (20%) the duration of MR use was concluded illegal. Among...... summaries in which information is often incomplete. Dark figures presumably are widely present. Similarly, it should be mentioned that Board cases are patient-initiated and provide an incomplete picture of the occurrence of violence. Implications and Perspectives: Knowledge about the actual role of violence...
Wiafe, Edward Debrah
The wildlife laws of Ghana alienated the rural communities from forests and material well-being depended upon for their livelihood and this manifests itself in the progressive conflict between the park patrol staff and poachers from the fringes of the protected areas. The main aim of this study was to determine the impact of quantification of patrol efforts on indicators of illegal hunting activities that occur in rainforest protected areas, as a result of monitoring patrol operations and modifying the original plan. The specific objectives were to determine the optimal patrol efforts necessary to reduce illegal wildlife use to minimal; and the influence of the rainfall and seasonal activities on illegal wildlife use. The results indicated that as the patrol efforts increased the encounter with illegal wildlife use also increased until a certain point that the encounter rates started decreasing. Neither rainfall nor seasonal activities influenced the illegal activities and the patrol efforts. The protection staff of rainforest protected areas would work effectively to bring down illegal wildlife off-take to the barest minimum if monitored, quantified and provide feed-back. Illegal wildlife off-take can also be reduced by the protection staff if the original plans are made flexible to be adjusted. Recommendations for further studies have been made.
Charles J. Reid, Jr.
Full Text Available In an important article published in 1988, Johan Van der Vyver challenged the prevailing reliance on Wesley Hohfeld’s taxonomy of rights. Hohfeld's division of rights into claims, powers, privileges and immunities, Van der Vyver stresses, is excessively concerned with "inter-individual legal relations” at the expense of the right-holder's relationship to the object of the right. Van der Vyver proposes instead that an assertion of right involves three distinct juridic aspects:• legal capacity, which is "the competence to occupy the offices of legal subject;• legal claim, which "comprises claims of a legal subject as against other persons to a legal object";• legal entitlement, which specifies the boundaries of the right-holder's ability to use, enjoy, consume, destroy or alienate the right in question.This article applies Van der Vyver’s taxonomy to the operations of thirteenthcentury canon law, and demonstrates that Van der Vyver’s analysis provides greater depth than Hohfeld's, in that it considers both the relationship of the person claiming a particular right and the object of that right.
Maries, Alexandru; Lin, Shih-Yin; Singh, Chandralekha
Prior research suggests that introductory physics students have difficulty with graphing and interpreting graphs. Here, we discuss an investigation of student difficulties in translating between mathematical and graphical representations for a problem in electrostatics and the effect of increasing levels of scaffolding on students' representational consistency. Students in calculus-based introductory physics were given a typical problem that can be solved using Gauss's law involving a spherically symmetric charge distribution in which they were asked to write a mathematical expression for the electric field in various regions and then plot the electric field. In study 1, we found that students had great difficulty in plotting the electric field as a function of the distance from the center of the sphere consistent with the mathematical expressions in various regions, and interviews with students suggested possible reasons which may account for this difficulty. Therefore, in study 2, we designed two scaffolding interventions with levels of support which built on each other (i.e., the second scaffolding level built on the first) in order to help students plot their expressions consistently and compared the performance of students provided with scaffolding with a comparison group which was not given any scaffolding support. Analysis of student performance with different levels of scaffolding reveals that scaffolding from an expert perspective beyond a certain level may sometimes hinder student performance and students may not even discern the relevance of the additional support. We provide possible interpretations for these findings based on in-depth, think-aloud student interviews.
Grosse, Claudia; Grosse, Alexandra
This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.
Full Text Available This paper deals with the Spanish provisions in criminal law requesting apology by offenders in organized crime, including terrorism. In order to grant parole, apology is required, among other possible means provided by law, to accredit the abandonment of the ends and means of the terrorist activity. Those legal provisions will be contrasted with the experience and narratives of victims and offenders in cases of terrorism. Final conclusions will be derived in relation to the possibility of restorative apologies in these contexts.Este artículo aborda las provisiones españolas en materia de derecho penal que solicitan la petición de perdón de los delincuentes del crimen organizado, incluyendo el terrorismo. Entre otras medidas posibles que plantea la ley, para obtener la libertad condicional se requiere una disculpa, para acreditar el abandono de los fines y los medios de la actividad terrorista. Estas provisiones legales se contrastarán con la experiencia y las narraciones de víctimas y delincuentes en casos de terrorismo. Se ofrecen conclusiones finales en relación con la posibilidad de disculpas restaurativas en estos contextos.DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3002481
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work......When the International Association of IT Lawyers (IAITL) held its first international conference in 2006 in Hamburg, it could never have been envisaged just how successful the programme would become as a firm 'not to be missed' date of the calendar of increasing numbers of academics and others...
Monseau, Susanna; Lasher, Nancy
The Association to Advance Collegiate Schools of Business (AACSB) accreditation standards on learning and teaching, adopted in 2013, require students to "engage in experiential and active learning designed to improve skills and the application of knowledge in practice." The discussion of the facts of real life case studies is a great way…
Storz, Ulrich; Faltus, Timo
Since 2006, some of the highest ranking European Courts have issued decisions related to the patent eligibility of human embryonic stem cells. The question of patent eligibility of human embryonic stem cells remains, however, still erratic, at least in some aspects. This article will give a short comprehensive overview of the case history, and discuss questions still unsolved.
Paola Villavicencio Calzadilla
Full Text Available Climate Justice: Case Studies in Global and Regional Governance Challenges edited by Randall S Abate, addresses a diverse set of topics related to climate justice, explores the meaning and challenges of this critical issue, and provides factual and legal arguments to explain why fairness should guide the creation of international and national climate-related policy and responses.
The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...
Ferrazzi, Priscilla; Krupa, Terry
Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.
Petra E. Lindhout
Full Text Available Over the years, the polluter pays principle has developed into a strong basis for EU policy making. Many European Directives refer to this principle, for instance as a basis for cost recovery or liability. The European Court of Justice has contributed significantly to the development of the polluter pays principle. Case law of the European Court of Justice on the polluter pays principle provides guidelines for burden sharing and recovery of costs. In this article we will illustrate how these guidelines may be helpful to solve current environmental issues.We will argue that the guidelines of the polluter pays principle apply to the establishment of coherent programmes of measures, as required under the Air Quality Directive and Water Framework Directive. We will also discuss the influence of the polluter pays principle on the cost recovery for water services under Article 9 of the Water Framework Directive.
Full Text Available The research analyzes the development of a systematic understanding about how the Inter-American Court of Human Rights (IACHR has understood the proportionality test (PT. In Comparative Law, there is different versions of PT, and for this reason is important determine what model the IACHR has in mind to control the violation of the American Convention on Human Rights. The hypothesis is that the IACHR, in most cases, is nothing deferential with the States Parties. However, it is impossible that the system works without with a degree of discretion in the interpretation and application of the Convention. This means that, although traditionally the IACHR has expressly stated otherwise, it is necessary to incorporate deference as a criterion of interpretation for the application of the conventionality examination. For this reason, the TP should be applied with a variable criterion in some areas.
Sørensen, Karsten Engsig
The article analyses the case law of the ECJ on abuse of rights with the aim to determine the extent to which EU law allows Member States and others to take measures to prevent abuse of Community rights...
The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body ...
Reichman, Jerome H
This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as "market exclusivity" and in Europe as "data exclusivity," these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers' undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers' clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers' consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the expense of public
Marson, James; Ferris, Katy
Marson & Ferris provide a thorough account of the subject for students. Essential topics are introduced by exploring current and pertinent examples and the relevance of the law in a business environment is considered throughout. This pack includes a supplement which considers the effects of the Consumer Rights Act 2015.
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.
Transsexuals pose dilemmas for the law in (a) defining a male or a female; (b) deciding what partners are legally acceptable for marriage; (c) assessing the best interests of children after divorce; (d) interpreting employment discrimination based on gender or handicap; (e) permitting public cross dressing; (f) reviewing third-party reimbursement for medical procedures that may be deemed cosmetic or experimental; (g) determining eligibility for sports competition; (h) meeting military needs; and (i) determining socially and medically acceptable treatment in prison. Leading law cases are reviewed in each area, with commentary on relevant research findings.
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.
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.
Eijnde, J.G. van den
The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)
Eguchi, Rika; Kato, Masahisa; Kaneko, Erina; Kusaba, Kenji; Yoshikawa, Manabu; Yamano, Toru; Seo, Takashi; Hagihara, Akihito
Much of the damage to health caused by drugs could be prevented by appropriate care. A well-defined duty of care and further information are required for healthcare professionals. Although there are many litigation cases to use as references, neither the extent of the duty of care nor the obligation to explain medication according to the type of drug prescribed has yet been fully established. Thus, we systematically collected decided cases of adverse drug events, and assessed the degree of the duties of care and information. Specifically, we collected decided cases in which physicians, dentists, pharmacists, nurses, or hospitals had been sued. Data were derived from Bessatsu Jurist Iryo-kago Hanrei Hyakusen, Hanrei Jihou, and Hanrei Times from 1989 to November 2013, and information on precedents in the records of the Supreme Court of Japan from 2001 to November 2013. We analyzed the cases, and assessed the following according to the type of drug: (1) standards and explanations when dealing with drugs that were critical issues in litigation, and (2) the degree of the physician's or pharmacist's duties of care and information. In total, 126 cases were collected. The number of drug categories classified was 27, and 9 were considered of practical importance. After this systematic review, we found a trend in the degree of the required level of care and information on several drugs. With respect to duties of care and information, the gap between the required level and actual practice suggests that healthcare professionals must improve their care and explanations.
Langsted, Lars Bo; Garde, Peter; Greve, Vagn
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......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...... to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre...
The volume contains the valid national legal regulations of the Kingdom of the Netherlands in the field of the peaceful uses of nuclear energy as per October 1st, 1975. These regulations are arranged according to the following subjects: 1) general atomic energy law and organization; 2) liability; 3) nuclear facilities, reactor ships, fissionable material and ores; 4) radiation protection; 5) carriage; 6) import and export; 7) international agreements. Within these subject groups the regulations are presented chronologically. They have consecutive numbers, printed at the top of the margins for easier location. As a rule, the full text of the laws, royal ordonances and ministerial orders is given. However, in the case of regulations only containing in parts stipulations concerning nuclear law, only the pertinent texts have been considered. (orig./HP) [de
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.
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....
Letícia Eugênia Arenhart
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.
Wen, John T.; Bayard, David S.
New class of exponentially stabilizing laws for joint-level control of robotic manipulators introduced. In case of set-point control, approach offers simplicity of proportion/derivative control architecture. In case of tracking control, approach provides several important alternatives to completed-torque method, as far as computational requirements and convergence. New control laws modified in simple fashion to obtain asymptotically stable adaptive control, when robot model and/or payload mass properties unknown.
Silva, J.M. da.
Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.) [pt
van Alebeek, R.
* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has
resources/resources-by-sector-and-topic/tourism- services (accessed 27 March 2017). LAW. OCRACY. ELOPMENT. LAW. DEMOCRACY. & DEVELOPMENT ... LAW, DEMOCRACY & DEVELOPMENT/ VOL 21 (2017) .... 29 Morupisi P & Mokgalo L “Domestic tourism challenges in Botswana: a stakeholders' perspective”.
...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...
The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004
Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)
Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company
Robledo-Martínez, Felipe A
We approach the concept of "cultural identity" as a cohesive element within a group in the context of history and territory. We posit the relationship between this cultural identity with symbols of affiliation and origin, such as archeological heritage; in this case "The Quimbaya Treasure". We present "social health" as the capacity of a community, immersed in a culture and a territory, to relate healthily and cherish sentiments of support and trust. Rudiments of identity such as ancestral legacies allow for the creation of feelings of "sociocultural belonging" and self-determination of peoples that take paret in the health of a society. The autonomy of peoples and the recognition of their diversity appear in the notion of Nation State and Social State Under the Rule of Law. In this document, it is argued that, though the construction of this state was a political task, the edification of the nation was not. This edification was the result of earlier cultural labor. Nevertheless, historical rights are reflected in established constitutions. The Quimbaya Treasure was donated to Spain as part of Colombia's participation in ceremonies commemorating the 400th anniversary of the "Discovery of the Americas". This essay documents the legislative acts that prove the inconstitutionality of that donation and, as a result, the treasure's possible repatriation. It places emphasis on the importance of the repatriation given the value it possesses as an agent of cultural identity for Colombians in general and the residents of Quindío in particular.
Reder, Margo E. K.
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…
Lagorio, Susanna; Vecchia, P
Scientific knowledge is essential for the resolution of disputes in law and administrative applications (such as toxic tort litigation and workers' compensation) and provides essential input for public policy decisions. There are no socially agreed-upon rules for the application of this knowledge except in the law. On a practical level, the legal system lacks the ability to assess the validity of scientific knowledge that can be used as evidence and therefore relies heavily on expert opinion. A key issue is how to ensure that professionals in any field provide judges with sound advice, based on relevant and reliable scientific evidence. The search for solutions to this problem seems particularly urgent in Italy, a country where a number of unprecedented verdicts of guilt have been pronounced in trials involving personal injuries from exposure to electromagnetic fields. An Italian Court has recently recognized the occupational origin of a trigeminal neuroma in a mobile telephone user, and ordered the Italian Workers' Compensation Authority (INAIL) to award the applicant compensation for a high degree (80%) of permanent disability. We describe and discuss the salient aspects of this sentence as a case-study in the framework of the use (and misuse) of scientific evidence in toxic-tort litigations. Based on the motivations of the verdict, it appears that the judge relied on seriously flawed expert testimonies. The "experts" who served in this particular trial were clearly inexperienced in forensic epidemiology in general, as well as in the topic at hand. Selective overviews of scientific evidence concerning cancer risks from mobile phone use were provided, along with misleading interpretations of findings from relevant epidemiologic studies (including the dismissal of the Interphone study results on the grounds of purported bias resulting from industry funding). The necessary requirements to proceed to causal inferences at individual level were not taken into account
Thrasher, James F; Besley, John C; González, Wendy
The World Health Organization's Framework Convention on Tobacco Control promotes comprehensive smoke-free laws. The effective implementation of these laws requires citizen participation and support. Risk communication research suggests that citizens' perceptions of the fairness of smoke-free laws would help explain their support for the law. This study aimed to assess the factors that correlate with citizens' perceptions of the distributive, procedural and interpersonal justice of smoke-free laws, as well as how these perceptions are related to support for and intention to help enforce these laws. Study data came from a cross-sectional, population-based survey of 800 Mexico City inhabitants before a comprehensive smoke-free policy was implemented there in 2008. Structural equation modeling was used to estimate the bivariate and multivariate adjusted paths relating study variables. In the final multivariate model, the three justice concepts mediated the influence of smoking status, perceived dangers of secondhand smoke exposure, strength of home smoking ban, and perceived rights of smokers on the two distal constructs of support for smoke-free policy and intention to help enforce it. Statistically significant paths were estimated from distributive and procedural justice to support for the law and intention help enforce it. The path from interpersonal justice to support for the law was not significant, but the path to intention to help enforce the law was. Finally, the path from support for the law to the intention to enforce it was statistically significant. These results suggest that three distinct dimensions of perceived justice help explain citizen support for smoke-free policies. These dimensions of perceived justice may explain the conditions under which smoke-free policies are effectively implemented and could help shape the focus for communication strategies that aim to ensure effective implementation of this and other public health policies. 2009 Elsevier
Garrido Huidobro, Mattias
Recent case law from the ECJ on one of the most important EU contract law legislation has left questions open about the compatibility of Swedish contract law with the Unfair Contracts Term Directive. The case law on Article 6 (1) in the directive seem to have changed the view on how to deal with the legal consequence of an unfair term in consumer contracts; namely that unfair terms cannot be adjusted but need to be declared invalid. This essay examines how the effects from the ECJ case law p...
Gøtze, Michael; Olsen, Henrik Palmer
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...
Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.
Hüllemann, S; Schüpfer, G; Mauch, J
In naturally occurring numbers the frequencies of digits 1-9 in the leading position are counterintuitively distributed because the frequencies of occurrence are unequal. Benford-Newcomb's law describes the expected distribution of these frequencies. It was previously shown that known fraudulent articles consistently violated this law. To compare the features of 12 known fraudulent articles from a single Japanese author to the features of 13 articles in the same research field from other Japanese authors, published during the same time period and identified with a Medline database search. All 25 articles were assessed to determine whether the data violated the law. Formulas provided by the law were used to determine the frequencies of occurrence for the first two leading digits in manually extracted numbers. It was found that all the known fraudulent papers violated the law and 6 of the 13 articles used for comparison followed the law. Assuming that the articles in the comparison group were not falsified or fabricated, the sensitivity of assessing articles with Benford-Newcomb's law was 100% (95% confidence interval CI: 73.54-100%) but the specificity was only 46.15% (95% CI: 19.22-74.87%) and the positive predictive value was 63.16% (95% CI: 38.36-83.71%). All 12 of the known falsified articles violated Benford-Newcomb's law, which indicated that this analysis had a high sensitivity. The low specificity of the assessment may be explained by the assumptions made about the articles identified for comparison. Violations of Benford-Newcomb's law about the frequencies of the leading digits cannot serve as proof of falsification but they may provide a basis for deeper discussions between the editor and author about a submitted work.
Full Text Available This paper intends to analyze the origins of Ibâḍî law in Baṣra and its relationship with Sunnî tradition during the early centuries of Islam. Some important questions will be examined, for example whether or not the Ibâḍî fiqh developed independently from the Sunnî legal tradition, what role the early Ibâḍî authorities played, or whether the role given to Jâbir b. Zayd in the formation of Ibâḍî fiqh should be accepted. My paper will focus on the case of the zakât on cattle. In the manuscript called Aqwâl Qatâda b. Di‘âma, we find a tradition which states that the zakât is due on cattle when a niṣâb (minimum amount of five animals is held, as for camels. This is the first account preserved in the Ibâḍî source on niṣâb al-baqar (the minimum quantity for cattle. According to the teachings of the Prophet to Mu‘âdh b. Jabal, Sunnî schools used to fix the niṣâb amount at 30 head of cattle, and the Shiʿî followed the same rule. My intention is to explain these discrepancies between Sunnî and Shiʿî school, on one hand, and the Ibâḍî legal tradition on the other hand.
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.
powers.9 The Nigerian Court of Appeal held per Uwaifo, JCA in the case of Peter Nemi v Attorney ... lawfully committed to custody.15 By this definition, it means any person who is lawfully confined to prison is a ..... sentenced to prison with hard labour, gives a prisoner a measure of relief in case such a prisoner is not fit to ...
The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de
The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de
The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook, the edi......The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook...
Stocklmayer, Sue; Rayner, John P.; Gore, Michael M.
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…
Márcia Haydée Porto de Carvalho
Full Text Available This paper studies the conditional studies the conditional suspension of the penal process. This institute consist in the suspension of the procedural course by judicial decision for a certain period, provided accused, with the agreement of his defender, accept to fulfil some conditions, due to proposal from the public prosecutor if there are requirements established in the law and after finished the probation period, the process is archived. It shows that Brazilian Court Supreme forbidden application of this institute to domestic violence against the woman cases in 2012. However, it defends that is important create a law establishing that is possible apply the conditional suspension of the process to this cases as an option to the formal punishment, when the victim is living with the accused or she is her friend, with the monitoring of the aggressor for considerable period, when his reeducation will be observed.
Francisco Javier Mena Parras
Full Text Available This article analyzes the case of A, B and C v. Ireland in which the plaintiffs claimed that the Irish laws on abortion are incompatible with the European Convention on Human Rights. The article deals specifically with the parts of the ruling handed down by the European Court of Human Rights that cover the role of European consensus in the establishment of the margin of appreciation that is given to states in the restriction of rights recognized by the Convention. The article argues that this ruling is a “new departure” in the case-law of the Strasbourg Court and points out some of the negative consequences that this entails, from a perspective that is critical of the Court’s reasoning.
The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)
Holko, David A.
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.…
If electricity rate payment boycotters withhold parts of the payment due for electric energy supplied, this refusal to pay rates will give the electric utility the right to use its right of lien according to sect. 33 para. 2 of the General Terms and Conditions governing the supply with electricity, gas, district heat and water. This is also applicable if, in the individual case, it is a matter of only small amounts. (orig.) [de
Starke, R.; Schober, G. A. H.
The derivation of Lorentz-covariant generalizations of Ohm's law has been a long-term issue in theoretical physics with deep implications for the study of relativistic effects in optical and atomic physics. In this article, we propose an alternative route to this problem, which is motivated by the tremendous progress in first-principles materials physics in general and ab initio electronic structure theory in particular. We start from the most general, Lorentz-covariant first-order response law, which is written in terms of the fundamental response tensor χμ ν relating induced four-currents to external four-potentials. By showing the equivalence of this description to Ohm's law, we prove the validity of Ohm's law in every inertial frame. We further use the universal relation between χμ ν and the microscopic conductivity tensor σkℓ to derive a fully relativistic transformation law for the latter, which includes all effects of anisotropy and relativistic retardation. In the special case of a constant, scalar conductivity, this transformation law can be used to rederive a standard textbook generalization of Ohm's law.
Bouda, A.; Gharbi, A.
In this paper, we review the recently formulated quantum laws of motion and provide new observations. We also extend these laws to higher dimensions. By applying in two dimensions the obtained relations to charge submitted to an electric central potential, we decide between these laws. Furthermore, we extend the selected law to the relativistic case in higher dimensions.
... Law Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other matters as may be... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the...
... against administrative law judges. (b) Status during removal proceedings. In exceptional cases when there... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Actions against administrative law judges...) Administrative Law Judge Program § 930.211 Actions against administrative law judges. (a) Procedures. An agency...
This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin's version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of paradigms. The most important limitations--the possibilities of overruling and distinguishing paradigm norms--are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin's main ideas and commitments. Further developed along these lines, casuistry can appropriately be called "common law morality."
Jun 7, 2004 ... customary law and decisions of the Supreme Court and of the previous Black Appeals. Court. The informal or unofficial customary law consists of unwritten rules and norms rooted in the social and cultural practices of indigenous communities. Rules of customary law create gender inequality and women are ...
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...
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...
Edlund, Hans Henrik
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...
The Czech Nuclear law The Nuclear law is an importnat part of the Environmental law. The Nuclear law regulates the peaceful use of nuclear energy and of inonizing radiation, which are the activities potentially dangerous for the environment. This area is a component of a special part of the Environmental law. The ionizing radiation is classified as a particular source of hazard to the environment. This diploma thesis deals with the Czech Nuclear law, and that by means of characterization of a...
Geradin, Damien; Contreras, Jorge L.
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
Cambon, Linda; Alla, François; Lombrail, Pierre
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.
Nascimento dos Santos, R.E.; Soeterik, I.M.
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
This paper analyzes the question how EU and national laws implemented and how courts and regulatory authorities apply two opposing regulatory approaches and the corresponding legally defined images of consumers in market regulation: the active and responsible consumer concept on the one side along
dos Santos, Renato Emerson Nascimento; Soeterik, Inti Maya
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…
Mäntylä, Terhi; Hämäläinen, Ari
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…
This volume presents the main address, the lectures and the discussions of the symposium. The papers presented to the symposium were the following: the Draft Convention on the Law of the Sea and problems of the international deep seabed regime; developments in science and technology, as a challenge to international law; modern fishery engineering and its impact on international law; the EEC agricultural market - a case study of European Law; problems of international law in connection with a new system of the world economy; the GATT and a new world economic system; the Third World and UNCTAD; international disaster relief and mutual assistance in case of accidents, especially with a view to Atomic Energy Law; organisation, scope and limits of international co-operation in the peaceful use of nuclear energy. (HSCH) [de
Doron, Israel; Lowenstein, Ariela; Biggs, Simon
In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). A comparative case law methodology was used. The texts of three different Supreme Court cases-in the United States, Canada, and Israel-were analyzed and compared. Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships. Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.
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.
... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.11 Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a...
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.
Rolien MC Roos
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
Leveque, Randall J.
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.
Tsindeliani, Imeda A.
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…
Berman, Howard R.
The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…
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
This article presents a critical discussion of the importance and use of narration within the law. It takes its point of departure in Robert Musil's "The Man Without Qualities", especially focusing on the Moosbrugger case, the resemblance between the criminal Moosbrugger and the intellectual hero...
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,…
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......-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...
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...
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....
MacLeod, Rebecca Frances
Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...
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....
Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War...... more reticent approach to international case law than would normally be expected from this region in the world....
Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War...... more reticent approach to international case law than would normally be expected from this region in the world....
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.
Full Text Available Throughout history, cities have offered a place for freedom and accommodated differences. Ideological and social developments have taken place in urban spaces where differences, different cultures and ideologies gathered together. Therefore, significant attention should be paid to public-oriented planning and design of urban spaces in the face of social segregation and disintegration experienced in cities. However, cities inTurkeyare mostly transformed under the pressure of international and national capital. The most recent legal instrument governing urban redevelopment, the Law no. 6306 on Transformation of Areas under Disaster Risk contains quite controversial provisions relating to many paradigms. Its uncertainty over public property and public spaces, and the Ministry of Environment and Urban Planning as the sole authority in this field leave all the public spaces at “risk”.GeziPark, a ‘saved’ public space in the backdrop of protests, is still exposed to risks of being stripped off its public nature. This study browses through the literature on public spaces and urban redevelopment, while evaluating the Law no. 6306 on Transformation of Areas under Disaster Risk. It goes on to evaluateGeziParkevents, from the perspective of these experiences and the interviews conducted thereafter. The study concludes how actually the aforementioned Law may itself pose risks for our public spaces.
Jacobson, Gary P; McCaslin, Devin L; Kaylie, David M
It is a common occurrence in the balance function laboratory to evaluate patients in the post-acute period following unilateral vestibular system impairment. It is important to be able to differentiate spontaneous nystagmus (SN) emanating from peripheral vestibular system impairments from asymmetric gaze-evoked nystagmus (GEN) that originates from central ocular motility impairment. To describe the three elements of Alexander's Law (AL) that have been used to define SN from unilateral peripheral impairment. Additionally, a fourth element is described (i.e., augmentation of spontaneous nystagmus from unilateral peripheral vestibular system impairment) that differentiates nystagmus of peripheral vestibular system origin from nystagmus that originates from a central eye movement disorder. Case reports. Case data were obtained from two patients both showing a nystagmus that followed AL. None Videonystagmography (VNG), rotational, vestibular evoked myogenic potential (VEMP), and neuro-imaging studies were presented for each patient. The nystagmus in Case 1 occurred as a result of a unilateral, peripheral, vestibular system impairment. The nystagmus was direction-fixed and intensified in the vision-denied condition. The nystagmus in Case 2, by appearance identical to that in Case 1, was an asymmetric gaze-evoked nystagmus originating from a space-occupying lesion in the cerebello-pontine angle. Unlike Case 1, the nystagmus did not augment in the vision-denied condition. Although nystagmus following AL usually occurs in acute peripheral vestibular system impairment, it can occur in cases of central eye movement impairment. The key element is whether the SN that follows AL is attenuated or augmented in the vision-denied condition. The SN from a unilateral peripheral vestibular system impairment should augment in the vision denied condition. An asymmetric GEN will either not augment, decrease in magnitude, or disappear entirely, in the vision-denied condition.
crisis that had evolved in the late 1970s between France and the ECJ, led to a change in the EC’s case law that limited the direct effect of directives to the vertical relation between citizens and the respective member state and excluded any horizontal effect. The story is an example of how the activist...... of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its member states and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep...
Elsmore, Matthew James
experience, many readers and students of law-and-economics feel they have to work twice as hard for half the reward. It is not a traditional subject. This first impression may be with some good reason, but let me assure you the subject’s bark is far worse than its bite, at least with the help of this book......-book with the hard copy version so that one, or other, or both, are available to make the resource more convenient for reader-students. Thirdly, I wanted the audience to be at the forefront of my mind, and for me to see visualise them as using the book; hence, I will often refer to then – to you as readers...... to begin with. What I can promise is with effective use of this book – and participation in lectures and case studies, reader-students will gain relevant knowledge and analytical skills, and be much more likely to enjoy success in their assessments related to Law-and-Economics, and after that too. Above...
Pilloy, W.J.; Lewalle, L.; Pilloy, S.
Full text: Aim: To identify the legal and ethical obstacles to the development of tele (nuclear) medicine, and to propose solutions. Material and method: Lessons have been drawn from 4 years practice of telemedicine between Luxemburg and 5 European centres. Problems so raised have been confronted with the US and EU literature. Results: Academic applications (web sites, teaching, hospital networks) are yet functional and are not dealt with here. Difficulties arise in case of 1st reading (e.g. 24 hour service), 2nd reading (expert advice) or distant reading (locum, service in remote places). In most applications, the relation is doctor to doctor; patient issues like quality of content, freedom of choice are minor. A body of laws, rules and directives apply to other issues. Confidentiality is ruled by the EU Directives on the Protection of Individuals and on Data Protection. Data are commonly encrypted/anonymized. Consent and free choice are ruled by the law of medicine. A doctor requiring 2nd advice stays in charge of the patient (no need to consent). Remote reading or 1st reading is usually based on prior agreement between doctors (like after hours service), and information or consent is recommended. Registration and accreditation are ruled by the Directives of the European Internal Market for Services. No obstacle to the delivery of services across the EU would remain if it is perceived that a tele-patient consults abroad rather than a tele-doctor practices abroad. (author)
schools; to amend and repeal certain laws relating to schools; and to provide for matters connected therewith). 3 Murphy J ... Pension Funds Adjudicator” (2004) 12 Juta's Business Law Journal 2; Jeram N “Jurisdiction of the Pension ...... respect of civil proceedings or a summons or a notice of motion against such member.
331. 2 World Water Assessment Programme (2009). See also Fitzmaurice (2007) 537. LAW. OCRACY. ELOPMENT. LAW. DEMOCRACY. & DEVELOPMENT. VOLUME 15 (2011) ...... Appellate Division held as follows: “[W]here in proceedings on notice of motion disputes of fact have arisen on the affidavits, a final order ...
The institution, status and role of traditional leadership, according to customary law, are subject to the Constitution. (2). A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
Capron, Alexander Morgan
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)
For quite a while it has been realized that some discrete quantum numbers are conserved in some interactions but not in others. The most conspicuous cases are parity P, charge conjugation C, and the product CP which are conserved in strong and electromagnetic interactions but not in weak interactions. The question arises whether for some of the other conserved quantities, which are conserved in strong, electromagnetic and weak interactions, there is an interaction intermediate in strength between weak and gravitational which violates these quantum numbers, e.g., baryon number B and lepton number L. The possibility exists that these conservation laws, if they are broken at all, are only broken by the gravitational force which would make the mass of an intermediate boson which induces the break-down equal to the Planck mass. (orig.)
rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... of 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...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally....
Full Text Available The damages under labour law are assessed according to special legal provisions and in the absence of such regulations, civil law regulations must be applied in relation to the prices at the time at which the agreement of will was made or the damaged person may bring the action before the court. In the case of goods’ damage, the damage assessment is done in all cases taking into account the real degree of wear of the asset.
An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017......An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017...
The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers
Speck, Michael B
.... Furthermore, a false sense of security and reductions in incest reporting continue to victimize children, which results in further sex offender laws passed by legislatures without empirical data supporting such laws...
Patterson, Sophie; Kaida, Angela; Ogilvie, Gina; Hogg, Robert; Nicholson, Valerie; Dobrer, Sabina; Kerr, Thomas; Shoveller, Jean; Montaner, Julio; Milloy, M-J
In 2012, the Supreme Court of Canada (SCC) ruled that people living with HIV (PLWH) could face criminal charges if they did not disclose their serostatus before sex posing a "realistic possibility" of HIV transmission. Condom-protected vaginal sex with a low (i.e., self-reported awareness of the 2012 SCC ruling, drawn from cross-sectional survey data. Participants aware of the ruling were asked how similar their understanding was to a provided definition. Sources of information from which participants learned about the ruling were determined. Multivariable logistic regression identified factors independently associated with ruling awareness. Among 249 participants (39% female), median age was 50 (IQR: 44-55) and 80% had a suppressed HIV VL (disclosure and the law were lacking in healthcare settings. Advancing education about HIV disclosure and the law is a key priority. The role of healthcare providers in delivering information and support to PLWH in this legal climate should be further explored. Copyright © 2017. Published by Elsevier B.V.
Hall, Mark A
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.
The Faculty of Law of the University of Helsinki is committed to diverse and internationally collaborative approaches to studying various legal systems in the context of comparative law, and UHLS and the Law Faculty of the National Research University, Higher School of Economics have developed an ongoing program to undertake this effort. The original annual conference series on the Development of Russian Law was launched in 2008 as an initiative to further knowledge and critical thinking abou...
97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for ...
law of areas follows and Kepler's second law is explained. Note that all that the proof requires is that the force be a .... planation of Kepler's third law: if 2a is the major axis of the orbit (an ellipse, by the second law) and T the .... tors, but he describes it in geometrical language. Let po- sition vectors be measured with reference ...
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...
Terra, B.J.M.; Wattel, P.J.
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
Salmon, J Douglas; Gouws, Jacques J; Bachmann, Corina Anghel
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).
Narasimhan, T. N.
SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.
This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.
Hough, Barry; Spowart-Taylor, Ann
This article assesses the purposes of a re-contractualisation of the employment relationship. It examines in particular the implied duty to act in good faith, and argues that in developing this and other implied terms the judiciary only extends employment protection to further wealth maximisation. It is argued that the common law sees its contribution to labour law as a device for maximising the efficiency of the enterprise and promoting the creation of wealth for the benefit of the national ...
An effective stress law is derived analytically to describe the effect of pore fluid pressure on the linearly elastic response of saturated porous rocks which exhibit anisotropy. For general anisotropy the difference between the effective stress and the applied stress is not hydrostatic. The effective stress law involves two constants for transversely isotropic response and three constants for orthotropic response; these constants can be expressed in terms of the moduli of the porous material and of the solid material. These expressions simplify considerably when the anisotropy is structural rather than intrinsic, i.e., in the case of an isotropic solid material with an anisotropic pore structure. In this case the effective stress law involves the solid or grain bulk modulus and two or three moduli of the porous material, for transverse isotropy and orthotropy, respectively. The law reduces, in the case of isotropic response, to that suggested by Geertsma (1957) and by Skempton (1961) and derived analytically by Nur and Byerlee
Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.
Hammond, Michelle; Miller, Monica K; Griffin, Timothy
This article examines safe haven laws, which allow parents to legally abandon their infants. The main objective is to determine whether safe haven laws fit the criteria of crime control theater, a term used to describe public policies that produce the appearance, but not the effect, of crime control, and as such are essentially socially constructed "solutions" to socially constructed crime "problems." The analysis will apply the principles of crime control theater to safe haven laws. Specifically, the term crime control theater applies to laws that are reactionary responses to perceived criminal threats and are often widely supported as a way to address the crime in question. Such laws are attractive because they appeal to mythic narratives (i.e., saving an innocent child from a predator); however they are likely ineffective due to the complexity of the crime. These laws can have deleterious effects when policymakers make false claims of success and stunt public discourse (e.g., drawing attention away from more frequent and preventable crimes). This analysis applies these criteria to safe haven laws to determine whether such laws can be classified as crime control theater. Many qualities inherent to crime control theater are present in safe haven laws. For example, the laws are highly publicized, their intentions lack moral ambiguity, rare cases of success legitimize law enforcement and other agencies, and they appeal to the public sense of responsibility in preventing crime. Yet the goal of saving infant lives may be unattainable. These qualities make the effectiveness of the laws questionable and suggest they may be counterproductive. This analysis determined that safe haven laws are socially constructed solutions to the socially constructed problem of child abandonment. Safe haven laws are appropriately classified as crime control theater. It is imperative that further research be conducted to examine the effectiveness and collateral effects of safe haven laws
This paper reports that France's petroleum industry is protesting parts of a government draft oil law expected to go into effect in January. The law is to be submitted to Parliament this fall and will replace a law that has governed Franc's oil industry operations for most of the century. And while the new law loosens and in some cases scraps controls, officials see costs that will affect the petroleum industry's competitiveness in Europe
... Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law...
The Ampère law is useful to calculate the magnetostatic field in the cases of distributions of current with high degree of symmetry. Nevertheless the magnetic field produced by a thin straight wire carrying a current I requires the Biot–Savart law and the use of the Ampère law leads to a mistake. A didactical formulation of the Ampère law is proposed to prevent misinterpretations. (letters and comments)
The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic; others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms
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.
Khomsin; Intan Ary Prayogi, S.
Regional autonomy is the right, the authority, and the obligation of autonomous region to set up and manage their own affairs and interests of the community in accordance with the potential and peculiarities of each area. To implement regional autonomy, the autonomous region must be clear where the location of its borders. Boundary area is divided into two, namely boundaries in the land and boundaries in the sea. Based on the authority of region government that regulated in Law of Republic Indonesia Number 23 in 2014, the regional maritime boundary consist of maritime management boundary for the province and maritime income sharing boundary for the district/city. This study aimed to determine the maritime income sharing boundary between Surabaya City, Sidoarjo, Bangkalan and Sampang District related to the presence of tanah oloran. Tanah oloran is located in the border of Surabaya City and Sidoarjo district which is currently being disputed border and seizure of property by the two districts/cities. The results of research represent that the claim ownership of Tanah Oloran can impact on maritime income sharing boundaries of Surabaya City and Sidoarjo District with region maritime overlapping is 2,258 ha and will benefit for the region maritime income sharing Sidoarjo District Government.
Full Text Available The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all conceps of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment. I also examine the application of discrimination by association to grounds other than disability.
Khoury, B S; Khoury, J N
Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.
Martinez Romera, Beatriz; Coelho, Nelson F.
here is that of unilateral state practice and that practice has been relying, at least to some extent, on general public international law. This chapter explains how it is important to revisit international law to better understand the relative relevance of the UNCLOS in oceans governance today. Indeed......, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding......The UNCLOS has been since its signature in 1982 the fundamental international legal reference for oceans governance. Indeed, this treaty was written “in pursuit of our common dream of writing a constitution for the oceans”. Yet much alike any dream, reality sooner or later catches up. The reality...
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.
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. (paper)
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.
This paper examines the history and current framework of prison food law. Whereas food law generally is the result of a complex maze of national, state, and local statutory and regulatory law, prison food is primarily regulated by the courts through adjudication of the Eighth Amendment prohibition of cruel and unusual punishment. This discrepancy is explained by the very different political realities faced by prison reform. At the same time, the result is both ineffective and counterproductiv...
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...
Oliveira Sobrinho, Afonso Soares
The law is not the product of a univocal thought, but constructed from ethical relations, legal and political, cultural and institutional structuring-structured in the global society of the twenty-first century. The formation of the culturalist dialogical ethics law aims to encompass the diversity and pluralism of bodies and social actors through deliberative, participatory democracy in the creation, interpretation and application of law. Especially regarding the effectiveness of fundamental ...
Elena E. Popa; Luca Pantaleo
This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order
In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de
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
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.
Full Text Available International law grants states an inherent right to self-defence. States can exercise this right whenever they face armed attack. However, any country wishing to exercise its right to self-defence must fully consider all the restrictions on this right. The right to self-defence can permit the use of force within the borders of the victim state or on the territory of another state from where the attack is carried out. Accordingly, states may respond to any attack by the armed forces of another state or irregular armed groups that use the territory of other states for their attacks. Turkey is a country with a huge population of Kurdish inhabitants. The Kurds possess distinct origins, history, language, culture and a historical link to their land. Thus, they qualify as a people. For much of their history they have peacefully sought to assert their rights; however, Turkey denied those rights to the extent that the formation of the PKK in 1978 became amove of last resort. When the PKK started demanding Kurdish right to self-determination, Turkey launched military operations against it in self-defence. During the 1980s and 1990s, the PKK established camps in Iraq. On several occasions it withdrew its forces there as part of peace negotiations with the Turkish government. Turkey crossed the Iraqi borders and attacked the camps as part of a state policy to fight the PKK outside its borders. The PKK subsequently handed over the camps to other groups, which never posed any military threat to Turkey, but Turkish forces continued to cross the border into Iraq. This article examines the right of Turkey to use force within the borders of Iraq under the justification of self-defence.
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...
Full Text Available Since globalization is not only restricted to economic and political relationships, but literally ‘hits home’, it has become indispensable to look beyond national boundaries and to take international developments into account in the field of family law. Hence, comparative family law is blooming. The core part of this contribution to the special issue on ‘Current Debates in Family Law around the Globe’ is aimed at framing the context of comparative family law. The main questions are: How is comparative family law perceived by the academic community and practitioners alike? What should it entail? In the attempt to find answers to these questions, several comparative family law projects, which have been carried out both in Europe and in the United States, have been compared. Whereas family law experts in Europe decidedly contribute to the comparative law methodology debate, similar discussions seemingly do not take place in the United States. It has been examined why this may be the case.
Okuyama, K.; Takayasu, M.; Takayasu, H.
Distribution functions of annual income of companies are analyzed based on two company databases. A clear power law distribution consistent with the Zipf's law can be confirmed for Japanese companies over more than three decades in income scale. Similar distributions can be confirmed in some other countries. It is confirmed that such power laws hold in most of job categories with slightly modified exponents. An annual income of a company is about two orders of magnitude smaller than its total assets, and the growth rate distribution of income is nearly independent of the income size in contrast to the case of growth rate of assets.
This case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to stop their farming operations because of ill health. The attorney whom they approached for assistance offered ...
... the manner in which re-partnering as a contingency is handled in Australian case law can be recommended as realistic and appropriate. In the recent decision in De Sales v Ingrilli,1 the High Court of Australia held that in cases where remarriage has not yet occurred, it should only be taken into consideration as part of the ...
Lucchin, F.; Matarrese, S.
The outstanding cosmological problems (horizon, flatness, . . .) which may be solved by the usual inflationary models may also find a solution in the frame of a ''generalized'' inflationary cosmology which is characterized by a suitable phase of accelerated expansion. The usual exponential growth of the scale factor S is just a particular case of such a general idea. Following this line of thought, we study in some detail a simple inflationary model characterized by a scale factor which grows like Sapprox.t/sup p/, with p a constant greater than one, which we call power-law inflation (PLI). Some properties of PLI have been analyzed, in different contexts, also by other authors. We consider the constraints on this model coming from the requirement of solving the horizon, flatness, ''good'' reheating, and ''convenient'' perturbation-spectrum problems. In order to obtain the perturbation spectrum when re-entering the horizon during the Friedmann phase, we extend to PLI the gauge-invariant approach developed by Bardeen et al. for the usual inflationary models. We find that the above constraints can be suitably satisfied. Finally, we outline possible connections between PLI and particular inflationary models which have recently been proposed
25 Fentiman L “Pursuing the perfect mother: Why America's criminalization of maternal substance abuse is not the answer ... criminalisation efforts, working in tandem with other laws, such as the DDTA. The. Minister of .... either being engaged in criminal activity or due to living in poverty, and those living far away from the ...
health care services, the interaction of geographic factors with other determinants of access (notably ... 3 Malan (2008) at 63; Malan N "The performance of the right to have access to social security" (2009) 13. Law ..... as by a relative paucity of road links and public transport networks.27 This contributed directly to the ...
Since 1994 the democratic government has implemented a whole range of laws and policies to ensure that public funding is aimed at redressing this disparity and that, ultimately, learners' right to basic education is realised.7 The financing of public schools is reliant on school fees to a great extent.8 Because the exact ...
Geography, marginalisation and the performance of the right to have access to health care services in. Johannesburg. MARIUS PIETERSE*. Professor of Law, University of the. Witwatersrand ...... 46 While official Department of Health policy is that lack of documentation should not be a barrier to access to health services in ...
Hughes, Will; Murdoch, John
The fifth edition of this bestselling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparisons of working with JCT, NEC3, and FIDIC contracts throughout. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
The evolution and implementation of democracy, good governance practices, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Law interacts with this process in ways that may promote or inhibit it. Law, Democracy & Development addresses this interaction. Our aim ...
Meulen, van der B.M.J.
The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and
Women have made considerable progress toward becoming part of tenure-track legal faculties, but women law professors continue to be academically disproportionately inbred and overrepresented in some areas, such as family law and legal research and writing. (Journal availability: American Bar Foundation, 1155 E. 60th St., Chicago, IL 60637.) (MSE)
The lack of roles for African-American female police officers has not stopped black women from gaining momentum in law enforcement. Women still comprise less than 10 percent of all police officers, but growing numbers of black women are finding meaningful work in law enforcement. (SLD)
Smith, Paul G., Ed.
California Library Laws 2009 is a selective guide to state laws and related materials that most directly affect the everyday operations of public libraries and organizations that work with public libraries. It is intended as a convenient reference, not as a replacement for the annotated codes or for legal advice. The guide is organized as follows.…
He, G.; Zhang, L.; Mol, A.P.J.; Lu, Y.; Liu, Wenling; Liu, J.
China's Environmental Protection Law (EPL) is the main national environmental legislative framework. Yet the environmental legal system is incomplete, and implementation and enforcement of environmental laws have shown major shortcomings (1–3). A controversial attempt to revise the EPL could have
The author surveys the planning law in the Federal Republic of Germany. He deals with general regulations of the administrative procedure and land-use planning procedure and the main special rules of planning law, according to the Atomic Energy Act, the Nuclear Installation Ordinance and the Federal Act on the Protection against Nuisances. (WG) [de
Mofsky, James S.
On the premise that corporate counsel must be an able diagnostician before he can focus on highly specialized and interrelated issues of business law, the author suggests an approach to corporate law curriculum in which the basic course balances the quality and quantity of material designed to create the needed sensitivity. (JT)
Juan M.C. Larrosa
Full Text Available The valuation of a social network is an issue that has been addressed based on simplifying approaches. Various value laws have been stipulated, which are largely atheoretical but have been effectively used to estimate the potential economic value of social network-based firms. This review highlights the various contributions used in the recent literature on networks valuation laws.
Letwin, Alita Zurav
Course outlines and timelines for a junior high school elective, "Youth and the Law," and a senior high school elective, "Criminal and Civil Law," are provided. A sample brochure about a supplementary television series for the junior high course is also included. (SR)
Curriculum Review, 1979
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)
Cocco, Alberto; Masin, Sergio Cesare
Participants estimated the imagined elongation of a spring while they were imagining that a load was stretching the spring. This elongation turned out to be a multiplicative function of spring length and load weight--a cognitive law analogous to Hooke's law of elasticity. Participants also estimated the total imagined elongation of springs joined…
This book is divided in seven parts, covering international organizations in nuclear energy. agreements, nuclear laws and environment, national legislation program and Uruguayan legislation. The texts of the nuclear laws in Uruguay are reproduced, and several aspects on nuclear energy are discussed
Mello, M.M. de.
The peculiar feature of a developing nuclear law is discussed. Opinions from various writers and jurists are presented. It is concluded that it should be considered as international law, whose main sources are the various treaties, conventions and agreements. (A.L.) [pt
de Kogel, C.H.; Schrama, W.M.; Smit, M.
The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of
Farber, D.A.; Peeters, Marjan
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
Meulen, van der B.M.J.; Velde, van der M.; Szajkowska, A.; Verbruggen, R.
This handbook analyses and explains the institutional, substantive and procedural elements of EU food law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food through
Benford's law predicts the occurrence of the -th digit of numbers in datasets originating from various sources all over the world, ranging from financial data to atomic spectra. It is intriguing that although many features of Benford's law have been proven, it is still not fully understood mathematically. In this paper we ...
In this publication, the editors present the first comparative overview of expropriation law in Europe covering 15 different jurisdictions. For many of the countries represented, this publication is the first English-language description of their national expropriation law. This survey provides a lot of information for all practitioners in the field of expropriation of land.
Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.
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…
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 ...
Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias
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...
Full Text Available Trusts have existed in common law systems as early as the Middle Ages, and European civil law systems were aware of its existence and also of the existence of Roman private law fiducia. Yet, civil law systems resisted for a long time the temptation of transposing trust or at least of developing Roman law fiducia. Romanian law, for instance, preferred, on the one hand, developing a series of case law solutions acknowledging the common law trust and, on the other hand, admitting a series of trust-like mechanisms, while assuming the role of defender of private law principles considered fundamental, such as the personal character of the patrimony and the exclusive and perpetual character of the ownership right. Such status quo was maintained for a long time, with the consequence of generating a static relationship between trust and Romanian fiducia, with trustee mechanisms being, however, developed under Romanian law. Conversely, upon the regulation of Romanian fiducia, we tend to overlook its fundamental convergence with the common law trust. The evolution of Romanian law with respect to trust is however not the consequence of trust’s proven utility; it is its forced answer to the dynamics of international business.
Alexandre Ferreira de Assumpção Alves
Full Text Available Historical analysis of the legal treatment of the seizure of shares due to shareholder’s personal debt and the impacts of such measure on the affectio societatis. In order to do so, with the usage of the deductive method of research, hereby it will be presenting two different views on the issue: a first one based solemnly on the rules and principles the are commonly accepted and a second based on logical arguments. Afterwards, the two premises are going to be confronted in order achieve the best answers. Moreover, with the usage of bibliographical and documental research, this work intends to demonstrate how the seizure of shares has evolved from an impossibility, under the terms of the article 292 of the Commercial Code, to a reality, whereas the seizure is now possible even on those cases where the article of association lacks the regulation on the issue.
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"
Kapottos, Michael; Youngner, Stuart
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.
Ottomann, C; Frenzel, R; Muehlberger, T
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. © Georg Thieme Verlag KG Stuttgart · New York.
Case note: ECJ (Case no. C-533/08, TNT Express Nederland BV. v. AXA Versicherung AG: The changing status of private international law treaties of the Member States in relation to regulation no. 44/2001)
Case C-533/08, the so-called TNT case, is concerned with the interpretation of Article 71 of Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (hereinafter ‘Brussels Regulation’) and with the relation between this Regulation and
Ursula Miranda Bahiense de Lyra
Full Text Available This research aims to highlight the importance of literature in critical thinking about the law, coupled with the search for the emergence of an autonomous political subject and as a possibility of materialization of a new right . This shall be used , bibliographic research , seeking at first discuss the historical background of the "Law and Literature Moviment " to later approach the thought of Michel Foucault , their ideas about power, the constitution subjectivity , the ethical dimension of the subject and the care of itself, the Aufklärung and its conception of this new law.
In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...
In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics. (orig.) [de
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....
This paper examines the concept of natural law, especially from the African perspective. It contends that natural law is something universal, and this being the case, Africa has its own version of it. Africa's conception of natural law is anchored on the notion of the supreme duty as the giver of the law, and morality – the ...
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Actions filed by administrative law... AND PROCEDURES PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Actions Against Administrative Law Judges § 1201.142 Actions filed by administrative law judges. An administrative law judge who...
... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Must antitrust laws be...-REAL PROPERTY DISPOSAL Surplus Real Property Disposal Applicability of Antitrust Laws § 102-75.270 Must antitrust laws be considered when disposing of property? Yes, antitrust laws must be considered in any case...
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
... law [Rule 23]. 6101.23 Section 6101.23 Federal Acquisition Regulations System CIVILIAN BOARD OF CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION CONTRACT DISPUTE CASES 6101.23 Briefs and memoranda of law [Rule 23]. (a) Form and content of briefs and memoranda of law. Briefs and memoranda of law shall...
Full Text Available The Faculty of Law of the University of Helsinki is committed to diverse and internationally collaborative approaches to studying various legal systems in the context of comparative law, and UHLS and the Law Faculty of the National Research University, Higher School of Economics have developed an ongoing program to undertake this effort. The original annual conference series on the Development of Russian Law was launched in 2008 as an initiative to further knowledge and critical thinking about Russian law during its period of transition and modernization. The conference is held annually and brings together legal practitioners and scholars from Russia, Finland and elsewhere to discuss important matters of Russian law, legal reform, and legal practice. Prior years’ Conference themes have included discussions of legal reforms, the justice system, the Russian legal profession, human rights, civil and business law, legal policy, rule-of-law and market economy.This year’s program was designed to attract law faculty, scholars from different disciplines, and also practicing lawyers, to address a wide range of topics grouped around the general theme of how the phenomenon and challenges of globalization affect Russian legal system development. The call for papers included: (i Relationships between Russian domestic and international law, (ii The impacts of international legal institutions on the development of Russian law(s, (iii Globalization in the field of business law, (iv Global law & Russian legal theory, (v Regional models of legal cooperation and Russia’s participation, (vi Transnational legal problems in areas such as constitutionalism and rule-of-law, (vii Theoretical and applied implications of the concept of global transplants, and (viii A global human rights agenda, including Russia’s place in this agenda.This was a very ambitious and multi-faceted undertaking. Through a process of careful evaluation, the Conference organizers produced
Science and law can be seen as the main creators of orders and rules in knowledge-based societies. These relations are particularly delicate in domains where scientific uncertainty and probabilistic causality are more frequently involved, such as environment and health. The decision of the Court of Florence (Tuscany Region, Northern Italy) (Second Criminal Division, 3217/2010, 17th May 2010) - here analysed - deals with the uncertain correlations between PM10 and health. The criminal law case involved some public officers in Tuscany, indicted for having failed to adopt the adequate measures to keep PM10 levels within the limits set by European Directive 2008/50/EC on air quality. In arguing that accusations were ill-founded, the Court, while invoking the validity of science, deliberately chose the scientific evidence relevant to drawing specific legal consequences. Meteorological phenomena are considered as the single determinant of high levels of PM10; their uncertainty is framed as absolute unpredictability and ungovernability, and from these flaws non-responsibility. The concept of coproduction is applied as a useful critical tool to open up the complex relationships between science and law by showing how scientific and legal concepts generate and influence each other even when legal regulations claims to be neutrally and objectively science-based.
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...
This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - somethi...
Accelerator scaling laws how they can be generated, and how they are used are discussed. A scaling law is a relation between machine parameters and beam parameters. An alternative point of view is that a scaling law is an imposed relation between the equations of motion and the initial conditions. The relation between the parameters is obtained by requiring the beam to be matched. (A beam is said to be matched if the phase-space distribution function is a function of single-particle invariants of the motion.) Because of this restriction, the number of independent parameters describing the system is reduced. Using simple models for bunched- and unbunched-beam situations. Scaling laws are shown to determine the general behavior of beams in accelerators. Such knowledge is useful in design studies for new machines such as high-brightness linacs. The simple model presented shows much of the same behavior as a more detailed RFQ model
The National Highway Traffic Safety : Administration encourages each : State to have and enforce a law : requiring all motorcycle operators : and passengers to wear a helmet : meeting FMVSS 218. Motorcycle : helmets provide the best protection : from...
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A criterion for development of syllabi for mathematics courses is discussed. This criterion is based on the biogenetic law that individuals develop through all the stages of the development of the species. (SD)