WorldWideScience

Sample records for case law

  1. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

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

  2. Case law

    International Nuclear Information System (INIS)

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

  3. Case law

    International Nuclear Information System (INIS)

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

  4. Case law

    International Nuclear Information System (INIS)

    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

  5. Statute law or case law?

    OpenAIRE

    Anderlini, Luca; Felli, Leonardo; RIBONI, Alessandro

    2008-01-01

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

  6. Case Law

    International Nuclear Information System (INIS)

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

  7. Case Law

    International Nuclear Information System (INIS)

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

  8. Case law

    International Nuclear Information System (INIS)

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

  9. Case law

    International Nuclear Information System (INIS)

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

  10. Case law

    International Nuclear Information System (INIS)

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

  11. Case law

    International Nuclear Information System (INIS)

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

  12. Case law

    OpenAIRE

    OECD

    2012-01-01

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

  13. Case law

    International Nuclear Information System (INIS)

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

  14. Case law

    International Nuclear Information System (INIS)

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

  15. Case law

    International Nuclear Information System (INIS)

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

  16. Case law and administrative decisions

    International Nuclear Information System (INIS)

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

  17. Case law and administrative decisions

    International Nuclear Information System (INIS)

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

  18. Mass Communication Law; Cases and Comment.

    Science.gov (United States)

    Gillmor, Donald M.; Barron, Jerome A.

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

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

    OpenAIRE

    Andra Ghent

    2014-01-01

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

  20. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

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

  1. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

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

  2. The case for pluralism in postnational law

    OpenAIRE

    Krisch, Nico

    2009-01-01

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

  3. The case of Kosovo and international law

    Czech Academy of Sciences Publication Activity Database

    Šturma, Pavel

    2010-01-01

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

  4. Laws and Stigma: the Case of Prostitution

    OpenAIRE

    Giovanni Immordino; Francesco Flaviano Russo

    2015-01-01

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

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

    Science.gov (United States)

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

    1998-01-01

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

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

    Science.gov (United States)

    Kuo, Eric; Wieman, Carl E.

    2016-06-01

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

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

    OpenAIRE

    Yoshimura, Sadako

    1999-01-01

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

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

    Science.gov (United States)

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

    2012-11-01

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

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

    Science.gov (United States)

    Kipnis, Nahum

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Graham Butler

    2014-06-01

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

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

    Science.gov (United States)

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

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

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

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Šurlan Tijana

    2015-01-01

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

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

    OpenAIRE

    Morante Vallejo, Montse; Sanpera Izoard, Patrícia

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Domingo Fernández Agis

    2006-12-01

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

  16. 29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

    Science.gov (United States)

    2010-07-01

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

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

    NARCIS (Netherlands)

    D. Weber

    2013-01-01

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

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

    Science.gov (United States)

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

    2016-08-01

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

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

    OpenAIRE

    Patricio Rubio

    2013-01-01

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

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

    CERN Document Server

    Broekens, Joost

    2008-01-01

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

  1. Role of the case law to ensure judicial power

    Directory of Open Access Journals (Sweden)

    Pesudovs A.

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

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

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

    OpenAIRE

    Reid, Iain; Bamford, David

    2016-01-01

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

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

    Science.gov (United States)

    Landau, C. E.

    1984-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    DEFF Research Database (Denmark)

    Sadl, Urska; Panagis, Yannis

    2015-01-01

    . Our analysis focuses on Les Verts, a case of considerable fame in EU law, closely scrutinising whether it contains inherent leading case material. We show how the legal relevance of a case can become “embedded” in a long process of reinterpretation by legal actors, and we demonstrate that the actual...

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

    OpenAIRE

    Abdalla, O. A. E.

    2005-01-01

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

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

    Directory of Open Access Journals (Sweden)

    DR Hodas

    2013-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2012-05-01

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

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

    Science.gov (United States)

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

    2010-01-01

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

  11. CASES OF INDIRECT EXPROPRIATION IN INTERNATIONAL ECONOMIC LAW

    Directory of Open Access Journals (Sweden)

    LAURA-CRISTIANA SPATARU-NEGURA

    2012-05-01

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

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

    Science.gov (United States)

    Harvard Law Review, 1976

    1976-01-01

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

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

    Science.gov (United States)

    Rozanov, Konstantin N.; Koledintseva, Marina Y.

    2016-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Janis Wolak

    2015-07-01

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

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

    International Nuclear Information System (INIS)

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

  17. A review of recent NEPA alternatives analysis case law

    International Nuclear Information System (INIS)

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

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

    NARCIS (Netherlands)

    J. Luzak

    2016-01-01

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

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

    Science.gov (United States)

    Sipe, Stephanie R.

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Irisi TOPALLI

    2015-03-01

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

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

    International Nuclear Information System (INIS)

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

  2. Case Law

    OpenAIRE

    OECD; Nuclear Energy Agency

    2010-01-01

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

  3. Case law

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

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

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kacaljak Matej

    2015-03-01

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

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

    International Nuclear Information System (INIS)

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

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

    OpenAIRE

    Ispolinov A. S.

    2011-01-01

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

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

    OpenAIRE

    Miettinen, Marko; Hämäläinen, Mikko

    2010-01-01

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

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

    OpenAIRE

    Kacaljak Matej

    2015-01-01

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

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

    Science.gov (United States)

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

    2010-02-01

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

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

    OpenAIRE

    Ben Van Rompuy

    2011-01-01

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

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

    OpenAIRE

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Jaroslav Kalina

    2011-07-01

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

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

    CERN Document Server

    International Labour Organization. Geneva

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

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

    Science.gov (United States)

    Hansen, Christian P

    2011-03-01

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

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

    OpenAIRE

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

    2016-01-01

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

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

    OpenAIRE

    Brennan, Timothy J.

    2002-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    OpenAIRE

    Kamaruzzaman Bustamam-Ahmad

    2007-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2007-06-01

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

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

    OpenAIRE

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

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Kylie Lingard

    2012-08-01

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

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

    Science.gov (United States)

    Morgan, R G

    1979-08-01

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

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

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

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

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

    Science.gov (United States)

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

    2006-07-01

    Compared to neighboring countries, the Philippines has high fertility rates and a low prevalence of modern-method contraception use. The Philippine government faces political and cultural barriers to addressing family planning needs, but also legal barriers erected by its own policies. We conducted a review of laws and policies relating to family planning in the Philippines in order to examine how the law may facilitate or constrain service provision. The methodology consisted of three phases. First, we collected and analyzed laws and regulations relating to the delivery of family planning services. Second, we conducted a qualitative interview study. Third, we synthesized findings to formulate policy recommendations. We present a conceptual model for understanding the impact of law on public health and discuss findings in relation to the roles of health care provider regulation, drug regulation, tax law, trade policies, insurance law, and other laws on access to modern-method contraceptives. PMID:16488063

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

    OpenAIRE

    Zoltan Imre Nagy; Viktor Valo

    2013-01-01

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

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

    OpenAIRE

    Floridia Antonio

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Lorena Bachmaier Winter

    2013-09-01

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

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

    Directory of Open Access Journals (Sweden)

    César Higa

    2013-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Owen McIntyre

    2011-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Seyed Mohammad Tabatabaei Nejad

    2015-05-01

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

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

    Science.gov (United States)

    Richards, Kenneth

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

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

    OpenAIRE

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

    2010-01-01

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

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

    OpenAIRE

    Hough, Barry

    1997-01-01

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

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

    OpenAIRE

    Ebru Aricioglu; Okyay UCAN; Taha Bahadir Sarac

    2013-01-01

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

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

    OpenAIRE

    Sarrión Esteve, Joaquín

    2014-01-01

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

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

    OpenAIRE

    Thornton, Liam

    2014-01-01

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

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

    Science.gov (United States)

    Legge, M; Fitzgerald, R; Frank, N

    2007-01-01

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

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

    Science.gov (United States)

    Hoewe, Jennifer; Zeldes, Geri Alumit

    2012-01-01

    This study fills a gap in scholarship by exploring historical news coverage of interracial relationships. It examines coverage by The New York Times, Washington Post and Times-Herald, and Chicago Tribune of the progression of the landmark civil rights case of Loving v. Virginia, in which the Supreme Court overturned Virginia's anti-miscegenation law, which prohibited marriage between any White and non-White person. An analysis of the frames and sources used in these publications' news stories about the case indicate all three publications' coverage favored the Lovings. PMID:22834052

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

    OpenAIRE

    Éric Darmon; Thomas Le Texier

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Bruno Funchal

    2008-07-01

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

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

    OpenAIRE

    Ozkan Eren; I. Serkan Ozbeklik

    2011-01-01

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

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

    OpenAIRE

    McIntyre, Owen

    2011-01-01

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

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

    OpenAIRE

    Geoff Pearson; Pearson, G

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Angela Pires Pinto

    2011-12-01

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

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

    CERN Document Server

    Pueyo, Salvador

    2013-01-01

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

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

    This latest textbook contributing to the field of EU external relations law is unique in that it is the first such book in the post-Treaty of Lisbon environment to take a wide-angled look on as many aspects of the growing area as it continues to develop within the legal parameters as set by the...... Treaties, and it is suitably placed to become the core text for teaching this expanding EU policy field. In their book, EU External Relations Law: Text, Cases and Materials, Van Vooren and Wessel seek to fill the gap in up-to-date literature from a legal standpoint in the field of external relations of the...

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

    Directory of Open Access Journals (Sweden)

    Michael Eburn

    2013-12-01

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

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

    Institute of Scientific and Technical Information of China (English)

    2013-01-01

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

  13. Child Labor Laws in Mississippi.

    Science.gov (United States)

    Robbins, Jerry H.

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

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

    Institute of Scientific and Technical Information of China (English)

    2005-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Erdianto

    2015-01-01

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

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

    OpenAIRE

    Catherine Barnard; Simon Deakin; Richard Hobbs

    2004-01-01

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

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

    OpenAIRE

    Chua, Lynette Janice

    2011-01-01

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

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

    OpenAIRE

    Ratno Lukito

    2014-01-01

    This paper will address the development of Indonesian law in the post-independence era. In the following pages, this paper will demonstrate that changes in the country's political climate affected born the Islamic and adat (customary) courts,in spire of the inflexibility with which both legal traditions had weathered the political upheavals of the first half of the century. To this end, the place of both adat and religious courts in post-independence Indonesia will be analyzed in ...

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

    Czech Academy of Sciences Publication Activity Database

    Filip, Petr; David, Jiří

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

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

    OpenAIRE

    Malecka, Magdalena; LEPENIES, Robert

    2015-01-01

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

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

    OpenAIRE

    KAHVECİ, Nuri

    2011-01-01

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

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

    Czech Academy of Sciences Publication Activity Database

    Filip, Petr; David, Jiří

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

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

    OpenAIRE

    Angela Pires Pinto

    2011-01-01

    The case “Guerrilha do Araguaia” is well known in Brazil in the view of the disappearances of opponents to the military regime occurred between 1972 and 1974, in the region known as Araguaia. Despite the efforts made by the families of the victims to seek responsibility and redress, few progress has been done. In 1995, Brazil recognized its responsibilities for the deaths and established a Commission to provide compensation to the families of the victims. The Amnesty Law prevented the State t...

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

    Directory of Open Access Journals (Sweden)

    NISSIM COHEN

    2012-07-01

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

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

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2010-01-01

    The United Nations UNCITRAL Secretariat has established a system for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the Commission. The purpose of the system is to promote international...... awareness of the legal texts formulated by the Commission and to facilitate uniform interpretation and application of those texts. The system is explained in document . The system relies on a network of national correspondents designated by those States that are parties to a Convention or have...

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

    Science.gov (United States)

    McClung, M

    1990-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    OpenAIRE

    Kahveci, Pelin

    2013-01-01

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

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

    Science.gov (United States)

    Plachta, M

    1994-01-01

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

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

    Science.gov (United States)

    Thiel, A; Hilken, S

    1993-09-01

    According to the Canon Law (CIC) of the catholic church a marriage can be annulled because of psychological inability under certain conditions. We present the case report of a married woman, who fell ill with cyclothymia after her first childbirth. Her marriage was annulled under canon 1095 (n.3 CIC) because of psychological inability to fulfill martial obligations. The authors believe that this represents a clear cut case of discrimination against patients with mental disorders: on the one hand the catholic church claims that every martial bond is principally indissoluble; on the other hand they do not eschew invalidating a marriage due to an affective psychosis. This poses special problems which are also discussed. PMID:8248446

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

    Institute of Scientific and Technical Information of China (English)

    张盈

    2012-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Anthony Papadopoulos

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

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

    CERN Document Server

    Hirai, S; Hirai, Shiro; Takami, Tomoyuki

    2005-01-01

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

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

    Science.gov (United States)

    Terranova, Claudio; Rocca, Gabriele

    2016-01-01

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

  16. Law without Law

    OpenAIRE

    Sidharth, B. G.

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ratno Lukito

    2014-03-01

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

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

    Science.gov (United States)

    Roberts, Michael T

    2011-01-01

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

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

    Science.gov (United States)

    Cranmore, Jeff; Fossey, Richard

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Rosane Leal da Silva

    2011-12-01

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

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

    OpenAIRE

    Burbano Herrera, Clara; Haeck, Yves

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Jacqueline Sinhoretto

    2007-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Bilotskiy Sergiy Dmitrovich

    2014-12-01

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

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

    OpenAIRE

    Gerkrath, Jörg

    2014-01-01

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

  5. Business Law

    DEFF Research Database (Denmark)

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

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

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

    Directory of Open Access Journals (Sweden)

    Olufemi Soyeju

    2015-07-01

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

  7. Law and Medical Ethics

    OpenAIRE

    Frenkel, D A

    1984-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    FENG Yan; HE Daming; LI Yungang

    2013-01-01

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

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

    OpenAIRE

    Kati Nieminen

    2015-01-01

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

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

    OpenAIRE

    Seyed Mohammad Tabatabaei Nejad

    2015-01-01

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

  11. Environmental law

    International Nuclear Information System (INIS)

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

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

    Institute of Scientific and Technical Information of China (English)

    孟庆华; 王法

    2014-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1997-12-31

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

  14. Criminal Law

    DEFF Research Database (Denmark)

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

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

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

    Institute of Scientific and Technical Information of China (English)

    杨兴培; 郑旭江

    2014-01-01

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

  16. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

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

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

    OpenAIRE

    Rakoczy, Bartosz

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Julie Ringelheim

    2006-12-01

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

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

    Science.gov (United States)

    Akabayashi, Akira

    2002-08-01

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

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

    Science.gov (United States)

    Duan, Ran; Ma, Xuan; Zhao, Huijiang

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

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

    Institute of Scientific and Technical Information of China (English)

    Wang; Kai; Li; Hao; Zhang; Qingfei

    2015-01-01

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

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

    OpenAIRE

    Chams-Eddine, LAMRI

    2014-01-01

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

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

    OpenAIRE

    Mihaescu, Bucura Catalina

    2013-01-01

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

  4. FEATURES OF THE UNWRITTEN SOURCES OF EUROPEAN UNION LAW

    OpenAIRE

    2013-01-01

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

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

    Science.gov (United States)

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

    2014-06-01

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

  6. Nuclear Law

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Otu William Ibok

    2014-07-01

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

  8. Environmental law

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    SH. M. Hum. TAUFIQURRAHMAN

    2013-12-01

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

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

    DEFF Research Database (Denmark)

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

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Diego Armando Yáñez Meza

    2013-06-01

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

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

    Science.gov (United States)

    Lanning, Kenneth V.

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

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

    Science.gov (United States)

    Harvard Civil Rights Project, Cambridge, MA.

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

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

    OpenAIRE

    Johnson, Mathew A.; Zumbrun, Kevin

    2010-01-01

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

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

    Science.gov (United States)

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

  16. World law

    OpenAIRE

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

    1999-01-01

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

  17. Limit laws for Zipf's law

    International Nuclear Information System (INIS)

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

  18. Energy Law

    International Nuclear Information System (INIS)

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

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

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    Gillian Kerins

    2004-01-01

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

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

    OpenAIRE

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

    2014-01-01

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

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

    OpenAIRE

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

    2014-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

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

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

    Science.gov (United States)

    Sills, Eric Scott; Murphy, Sarah Ellen

    2009-01-01

    The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. PMID:19589140

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

    Directory of Open Access Journals (Sweden)

    Sills Eric

    2009-07-01

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

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

    LENUS (Irish Health Repository)

    Sills, Eric Scott

    2009-01-01

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

  7. Environmental law

    International Nuclear Information System (INIS)

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

  8. law 575 courses / law575helpdotcom

    OpenAIRE

    law 575

    2015-01-01

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

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

    Science.gov (United States)

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

    2016-01-01

    Although considerable conservation resources have been committed to develop and use law enforcement monitoring and management tools such as SMART, measures of success are ill-defined and, to date, few reports detail results post-implementation. Here, we present 4 case studies from protected areas with Amur tigers (Panthera tigris altaica) in Russia, in which indicators of success were defined and evaluated at each. The ultimate goal was an increase in tiger numbers to 1 individual/100 km(2) at each site. We predicted that improvements in law enforcement effectiveness would be followed by increases in prey numbers and, subsequently, tiger numbers. We used short-term and long-term indicators of success, including: (i) patrol team effort and effectiveness; (ii) catch per unit effort indicators (to measure reductions in threats); and (iii) changes in target species numbers. In addition to implementing a monitoring system, we focused on improving law enforcement management using an adaptive management process. Over 4 years, we noted clear increases in patrol effort and a partial reduction in threats. Although we did not detect clear trends in ungulate numbers, tiger populations remained stable or increased, suggesting that poaching of tigers may be more limiting than prey depletion. Increased effectiveness is needed before a clear reduction in threats can be noted, and more time is needed before detecting responses in target populations. Nonetheless, delineation of concrete goals and indicators of success provide a means of evaluating progress and weaknesses. Such monitoring should be a central component of law enforcement strategies for protected areas. PMID:26458501

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

    Czech Academy of Sciences Publication Activity Database

    Linek, Lukáš; Lyons, Pat

    2011-01-01

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

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

    OpenAIRE

    Cummings, Scott L

    2007-01-01

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

  12. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

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

  13. Laws Editorial

    Directory of Open Access Journals (Sweden)

    Lawrence O. Gostin

    2011-05-01

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

  14. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of Morals, of the obligation of citizens of a state to subject themselves unconditionally to the sovereign in power, must be seen in connection with his earlier moral writings in order to maintain a proper Kantian conception of the relation between legality and morality. To this end, Kant's use of...... moral law. In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  15. Modernizing Italy's Bankruptcy Law

    OpenAIRE

    Vietti, Michele

    2007-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    王开; 裴志花; 胡桂学; 杨春馥; 黄海龙; 张加力

    2013-01-01

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

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

    DEFF Research Database (Denmark)

    Minssen, Timo; Nilsson, David

    2012-01-01

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

  18. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

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

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

    Directory of Open Access Journals (Sweden)

    Gabriela Ribeiro Farinha

    2015-12-01

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

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

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Johnson, Mathew A.; Zumbrun, Kevin

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

  2. Nuclear Law

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Mullen, Kacy L; Edens, John F

    2008-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Charles J. Reid, Jr.

    1999-03-01

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

  5. Nuclear law

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. PMID:25143341

  7. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

  8. Secrets Law

    OpenAIRE

    Luz Helena Guamanzara Torres

    2013-01-01

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

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

    Science.gov (United States)

    Kaplan, Howard

    2013-01-01

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

  10. LAW 531 Uop Material - law531dotcom

    OpenAIRE

    honey

    2015-01-01

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

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

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

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

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

    OpenAIRE

    Bustos, Rafael

    2007-01-01

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

  13. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

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

  14. Evolution and the Law

    Science.gov (United States)

    Mayer, William V.

    1973-01-01

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

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

    Science.gov (United States)

    Domínguez Alonso, Patricia

    2012-01-01

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

  16. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Tomáš Gongol

    2013-02-01

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

  18. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

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

  20. Technical rules in law

    International Nuclear Information System (INIS)

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

  1. Recent publications on environmental law

    International Nuclear Information System (INIS)

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

  2. Recent publications on environmental law

    International Nuclear Information System (INIS)

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

  3. The Law Of Environmental Preservation

    International Nuclear Information System (INIS)

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

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

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

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

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

    Science.gov (United States)

    Schoettle, Ferdinand P.

    1972-01-01

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

  8. Criminal law

    International Nuclear Information System (INIS)

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

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

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Reder, Margo E. K.

    2009-01-01

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

  11. The generalized distributive law

    OpenAIRE

    Aji, Srinivas M.; McEliece, Robert J.

    2000-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    陈迎

    2012-01-01

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

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

    DEFF Research Database (Denmark)

    Gøtze, Michael; Olsen, Henrik Palmer

    2011-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2004-04-01

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

  15. Nuclear law

    International Nuclear Information System (INIS)

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

  16. School Law.

    Science.gov (United States)

    Splitt, David A.

    1987-01-01

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

  17. [Epilepsy and Canon Law].

    Science.gov (United States)

    Bonduelle, M

    1987-01-01

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

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

    OpenAIRE

    Garrido Huidobro, Mattias

    2014-01-01

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

  19. Law, Community and Ultima Ratio in Transnational Law

    OpenAIRE

    Massimo Fichera

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Constantinos Kombos

    2005-12-01

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

  1. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

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

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

    OpenAIRE

    Papadopoulos, Anthony

    2009-01-01

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

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

    OpenAIRE

    SH. M. Hum. TAUFIQURRAHMAN

    2013-01-01

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

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

    OpenAIRE

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

    2008-01-01

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

  5. Growth Equation with Conservation Law

    OpenAIRE

    Lauritsen, Kent Baekgaard

    1995-01-01

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

  6. THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

    OpenAIRE

    Lamya - Diana AL-KAWADRI

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Norel NEAGU

    2012-11-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  9. Recent publications on environmental law

    International Nuclear Information System (INIS)

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

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

    Institute of Scientific and Technical Information of China (English)

    李爽

    2013-01-01

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

  11. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

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

  12. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

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

  13. Civil Law

    Energy Technology Data Exchange (ETDEWEB)

    1981-01-01

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

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

    OpenAIRE

    Maniruzzaman, Munir

    2014-01-01

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

  15. Law and family planning.

    Science.gov (United States)

    Gerber, P

    1984-03-17

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

  16. National Courts and EU Law

    DEFF Research Database (Denmark)

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

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

    Science.gov (United States)

    Nett, Bernhard

    2005-01-01

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

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

    Science.gov (United States)

    Cambon, Linda; Alla, François; Lombrail, Pierre

    2012-01-01

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

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

    Science.gov (United States)

    dos Santos, Renato Emerson Nascimento; Soeterik, Inti Maya

    2016-01-01

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

  20. Teaching Global Law.

    Science.gov (United States)

    Wojtan, Linda S.

    1980-01-01

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

  1. Law Enforcement Locations

    Data.gov (United States)

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

  2. Criminal law and mental illness

    Directory of Open Access Journals (Sweden)

    Stojanović Zoran

    2015-01-01

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

  3. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

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

  4. Human Trafficking in Indonesia: Law Enforcement Problems

    Directory of Open Access Journals (Sweden)

    Nathalina Naibaho

    2011-01-01

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

  5. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

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

  6. Integrable viscous conservation laws

    Science.gov (United States)

    Arsie, Alessandro; Lorenzoni, Paolo; Moro, Antonio

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Gerrit Ferreira

    2014-11-01

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

  8. Energy-Momentum and Gauge Conservation Laws

    OpenAIRE

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

    1998-01-01

    We treat energy-momentum conservation laws as particular gauge conservation laws when generators of gauge transformations are horizontal vector fields on fibre bundles. In particular, the generators of general covariant transformations are the canonical horizontal prolongations of vector fields on a world manifold. This is the case of the energy-momentum conservation laws in gravitation theories. We find that, in main gravitational models, the corresponding energy-momentum flows reduce to the...

  9. On the Necessarily Public Character of Law

    OpenAIRE

    Walker, Neil

    2012-01-01

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

  10. Hyperbolic conservation laws and numerical methods

    Science.gov (United States)

    Leveque, Randall J.

    1990-01-01

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

  11. The Subject Before the Law

    DEFF Research Database (Denmark)

    Simonsen, Karen-Margrethe

    2013-01-01

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

  12. A Venture in Constitutional Law.

    Science.gov (United States)

    Cole, W. Graham; Dillon, Dorothy H.

    1980-01-01

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

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

    OpenAIRE

    Kornmann, Jan; Adolfsson, Marcus

    2010-01-01

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

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

    OpenAIRE

    Ver Loren van Themaat, A. A. H.

    1994-01-01

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

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

    OpenAIRE

    ABDİOĞLU, Zehra; Yamak, Rahmi

    2010-01-01

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

  16. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

     The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms for...... arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....... withdrawing from joint municipal companies etc. The article makes a distinction between non-arbitrable incidental issues which cannot be decided by an arbitration court, and where any arbitral award which does so is nullifiable for this reason alone, and arbitrable incidental issues which can be decided by...

  17. AN UNPRECEDENTED LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

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

  18. [Teaching about Family Law].

    Science.gov (United States)

    Ryan, John Paul, Ed.

    1992-01-01

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

  19. A New Perspective on Teaching Constitutional Law

    Science.gov (United States)

    Rosenblum, Robert

    1977-01-01

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

  20. Legal Currency in Special Education Law

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

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

  1. New Proof of the Generalized Second Law

    OpenAIRE

    Mukohyama, Shinji

    1996-01-01

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

  2. Youth and the Law. First Edition 1973.

    Science.gov (United States)

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

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

  3. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

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

  4. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

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

  5. Relativistic Hubble's law

    OpenAIRE

    Ko, Yongkyu

    2003-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    戴天民

    2003-01-01

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

  7. International Private Law and Communitarian Law

    Directory of Open Access Journals (Sweden)

    Abelardo Posso Serrano

    2013-01-01

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

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

    OpenAIRE

    Sara Nikbakht; Mahmoud Ghayoumzadeh; Davoud Hosienzadeh; Behzad Shoghi

    2013-01-01

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

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

    OpenAIRE

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

    2006-01-01

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

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

    OpenAIRE

    Almeida, Susana

    2009-01-01

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

  11. A Logical Model of Private International Law

    Science.gov (United States)

    Dung, Phan Minh; Sartor, Giovanni

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

  12. Unification of Patrimonial Laws Governing International Trade

    DEFF Research Database (Denmark)

    Lando, Ole

    2016-01-01

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

  13. Telemedicine and the law

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Capron, Alexander Morgan

    1988-01-01

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

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

    Directory of Open Access Journals (Sweden)

    M.J. Sharifzade

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Sara Nikbakht

    2013-07-01

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

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

    OpenAIRE

    Fábio Ulhoa Coelho

    2015-01-01

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

  18. LABOUR LAW PATRIMONIAL LIABILITIES. GENERAL ASPECTS

    OpenAIRE

    Georgiana , COVRIG

    2014-01-01

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

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

    OpenAIRE

    Gräslund, David

    2015-01-01

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

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

    CERN Document Server

    Boyko, Evgeniy; Gat, Amir D

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Fábio Ulhoa Coelho

    2015-06-01

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

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

    International Nuclear Information System (INIS)

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

  3. Factorisations of distributive laws

    OpenAIRE

    Kraehmer, Ulrich; Slevin, Paul

    2014-01-01

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

  4. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

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

  5. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

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

  6. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

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

  7. Law of Demand

    OpenAIRE

    Michael Jerison; John K.-H. Quah

    2006-01-01

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

  8. Theorising international environmental law

    OpenAIRE

    Humphreys, Stephen; Otomo, Yoriko

    2014-01-01

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

  9. Behavioral Law and Economics

    OpenAIRE

    Christine Jolls

    2007-01-01

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

  10. Environmental protection law; Umweltschutzrecht

    Energy Technology Data Exchange (ETDEWEB)

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

    2008-07-01

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

  11. Education on Environmental Law.

    Science.gov (United States)

    Cano, Guillermo J.

    1981-01-01

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

  12. Stochastic Conservation Laws?

    CERN Document Server

    Sidharth, B G

    1998-01-01

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

  13. The Constitutional Law Sessions

    Science.gov (United States)

    White, Daniel O.

    1972-01-01

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

  14. Henry's Law: A Retrospective

    Science.gov (United States)

    Rosenberg, Robert M.; Peticolas, Warner L.

    2004-01-01

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

  15. Law of Empires.

    Science.gov (United States)

    Martz, Carlton

    2001-01-01

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

  16. European tax law

    NARCIS (Netherlands)

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

    2008-01-01

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

  17. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

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

  18. Integrating Interdisciplinary Perspectives into Traditional Environmental Law Courses.

    Science.gov (United States)

    Hammer, Ruby

    1999-01-01

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

  19. Law as a Contested Terrain under Authoritarianism

    Directory of Open Access Journals (Sweden)

    Ching Kwan Lee

    2013-12-01

    Full Text Available Two recent publications, one by Waikeung Tam (Lingnan University and the other by Rachel Stern (UC Berkeley School of Law, offer refreshing views on law and social change under Chinese authoritarianism, a topic that has been marginalized by both the law and society and China studies literatures. After all, rule of law and state authoritarianism seem like oxymorons, especially in the People’s Republic of China, where the leadership of the Chinese Communist Party is enshrined in the Constitution, the country’s highest law. Yet in recent years, a number of studies have spotlighted how ordinary Chinese citizens take the Chinese legal system more seriously than scholars, and these citizens’ collective mobilization of the law has compelled us to rethink the relationship among law, society, and politics. The two newly published monographs discussed here, both of which grew out of doctoral dissertations written around the same time and addressing the same phenomenon—the rise of public interest litigation—reinforce the need for such a perspectival shift. Together they show that the law has become a contested terrain with varying potential for enabling rights activism under different types of state authoritarianism in a single country: in Tam’s case, postcolonial Hong Kong, and in Stern’s case, postsocialist China...

  20. Basic Law and Atomic Energy Law

    International Nuclear Information System (INIS)

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

  1. Henry's law constants of polyols

    OpenAIRE

    Compernolle, S.; J.-F. Müller

    2014-01-01

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

  2. Henry's law constants of polyols

    OpenAIRE

    Compernolle, S.; J.-F. Müller

    2014-01-01

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

  3. Feynman rules for Gauss's law

    CERN Document Server

    Metaxas, Dimitrios

    2016-01-01

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

  4. Feynman rules for Gauss's law

    OpenAIRE

    Metaxas, Dimitrios

    2016-01-01

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

  5. Global nuclear law in the making? Joint exercise of public powers in the nuclear field: the case of the revision of the International Basic Safety Standards

    International Nuclear Information System (INIS)

    The revision process of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources (BSS), Safety Series No. 115, 1996 (hereinafter referred to as 1996 BSS) has reached its final stage. After the review of the 1996 BSS in 2005, the revision process started in 2006 and the final draft of the revised BSS was submitted to the Board of Governors of the International Atomic Energy Agency (IAEA or Agency) in August 2011 for approval. Subsequent to the decision of the IAEA Board of Governors adopted on 12 September 2011, the competent organs of the other potential sponsoring organisations also started to adopt or acknowledge, as appropriate, the text, which then will come into force one year after the date of the respective adoption or acknowledgement by the relevant organisation. The BSS revision process is an example of joint exercise of public powers by multiple and diverse actors aiming at normative development, the outcome of which is a special type of 'global nuclear law'. This article will analyse the BSS revision process from the institutional legal point of view with particular attention to (1) the multiple actors involved in the revision process; (2) the legal framework within which the revision process took place; (3) the nature of revision process; and (4) the legal nature of the revised BSS3 itself

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

    OpenAIRE

    Foster, Nicholas HD; Ball, Jane

    2006-01-01

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

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

    Science.gov (United States)

    Ancheta, Angelo N.

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

  8. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    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

  9. Recent Developments Regarding South African Common and Customary Law

    OpenAIRE

    MC Schoeman-Malan

    2007-01-01

    This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant to constitutional tendencies, case law, and statutory reform over the last ten years. The principles of customary law of succession and inheritance have become a contentious issue since the commencement of the Constitution and Bill of Rights which provide for a human rights dispensati...

  10. 25 CFR 11.500 - Law applicable to civil actions.

    Science.gov (United States)

    2010-04-01

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

  11. Didactical formulation of the Ampère law

    International Nuclear Information System (INIS)

    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)

  12. Didactical formulation of the Ampère law

    Science.gov (United States)

    Barchiesi, Dominique

    2014-05-01

    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.

  13. Henry's law constants of polyols

    Directory of Open Access Journals (Sweden)

    S. Compernolle

    2014-05-01

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

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

    Institute of Scientific and Technical Information of China (English)

    刘芬

    2012-01-01

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

  15. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

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

  16. European Energy Law. Report IX

    International Nuclear Information System (INIS)

    The European Energy Law Report IX presents an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 24th European Energy Law Seminar in 2011. Part one presents an analysis of EU case law on the second energy package as well as a judicial interpretation of the legal limits on government intervention in energy pricing in liberalized markets. Part two focuses on transparency and design challenges in the energy and carbon markets. It examines the new EU Regulation on Wholesale Energy Market Integrity and Transparency (REMIT) and the impact it has on the upstream gas market. Thereafter it discusses the options for including end-users in carbon emissions trading schemes. The third part concentrates on energy infrastructure development in the EU. First, it discusses obstacles to infrastructure development and the European Commission's proposal to overcome them. Then, it considers potential legal difficulties and solutions with the construction of offshore electricity grids. The final part deals with energy security. One chapter reviews the global expansion of unconventional gas exploitation, and identifies the challenges for further growth of this sector. The final chapter examines both the proposal by Russia for a new energy convention on supply security, and how it relates to the Energy Charter Treaty.

  17. The Yearbook of Higher Education Law 1980.

    Science.gov (United States)

    Young, D. Parker, Ed.

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

  18. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    of international law generates bad policy outcomes. Resort to international law to establish the SRF opens the door for national courts’ review of the agreement – a prospect which contrasts with the constitutional logic of leaving decision of economic questions in the political process. In light of...... 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...

  19. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

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

  20. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Antonio Iudici

    2013-09-01

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

  2. The Moroccan Personal Status Law and the Invention of Identity: A Case Study on the Relationship between Islam, Women, and the State

    OpenAIRE

    Benson, Kristina

    2013-01-01

    This paper uses Muslim women’s activism against Morocco’s Personal Status code as a case study to challenge widely held notions about the relationship between Islam and women’s rights, and to examine the production of religious knowledge in pursuit of political goals that directly affect women. Using women’s activism against Morocco’s Personal Status Code, I analyze the state’s use of religious symbols and religious discourse to affect constructions of gender in a bid for cultural, as well as...

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

    International Nuclear Information System (INIS)

    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)

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

    Science.gov (United States)

    Visser, Matt

    2013-04-01

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

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

    CERN Document Server

    Visser, Matt

    2012-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    DAI Tian-min

    2006-01-01

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

  7. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

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

  8. The Functions of Law

    OpenAIRE

    Green, L

    1998-01-01

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

  9. Fundamental Laws and the Completeness of Physics

    OpenAIRE

    Spurrett, David Jon

    1999-01-01

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

  10. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

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

  11. On Newton's Third Law

    OpenAIRE

    Pinheiro, Mario J.

    2009-01-01

    The law of action-reaction is thoroughly used in textbooks to derive the conservation laws of linear and angular momentum, and it was considered by Ernst Mach the the cornerstone of physics. We give here a background survey of several questions raised by the action-reaction law, and in particular, the role of the physical vacuum is shown to provide an appropriate framework to clarify the occurrence of possible violations of the action-reaction law. It is also obtained an expression for the ge...

  12. A general law for electromagnetic induction

    OpenAIRE

    Giuliani, Giuseppe

    2015-01-01

    The definition of the induced $emf$ as the integral over a closed loop of the Lorentz force acting on a unit positive charge leads immediately to a general law for electromagnetic induction phenomena. The general law is applied to three significant cases: moving bar, Faraday's and Corbino's disc. This last application illustrates the contribution of the drift velocity of the charges to the induced $emf$: the magneto-resistance effect is obtained without using microscopic models of electrical ...

  13. Evolutionary Model of Moore’s Law

    OpenAIRE

    Joachim Kaldasch

    2014-01-01

    "Moore suggested an exponential growth of the number of transistors in integrated electronic circuits. In this paper, Moore’s law is derived from a preferential growth model of successive production technology generations. The theory suggests that products manufactured with a new production technology generating lower costs per unit have a competitive advantage on the market. Therefore, previous technology generations are replaced according to a Fisher-Pry law. Discussed is the case that a pr...

  14. APPLICABLE LAW PRINCIPLES FOR MATRIMONIAL PROPERTY REGIMES

    OpenAIRE

    Andreea-Lorena CODREANU

    2014-01-01

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

  15. Hack's law of debris-flow basins

    Institute of Scientific and Technical Information of China (English)

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

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Alejandro Gabriel Manzo

    2011-12-01

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

  17. Thinking law: thinking law in motion

    Directory of Open Access Journals (Sweden)

    Laura Beth Nielsen

    2014-07-01

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

  18. Essay on nuclear law

    International Nuclear Information System (INIS)

    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

  19. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

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

  20. Introduction to planning law

    International Nuclear Information System (INIS)

    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)

  1. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

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

  2. Law before Gratian

    DEFF Research Database (Denmark)

    ' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors to...

  3. Nanotechnology and the Law

    Science.gov (United States)

    Desmoulin-Canselier, Sonia; Lacour, Stéphanie

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

  4. Teaching Information Technology Law

    Science.gov (United States)

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

    2009-01-01

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

  5. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

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

  6. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

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

  7. Unilateralism in International Law

    DEFF Research Database (Denmark)

    Hartmann, Jacques

    2015-01-01

    international law. This note considers when and how a State or a regional organisation may legitimately take unilateral measures to protect the environment. The note will does not consider the legality of including foreign aircraft within the ETS, which has been dealt with elsewhere. Instead, it will focus on...... the legality and importance of unilateral acts for the development of international law....

  8. The nuclear law

    International Nuclear Information System (INIS)

    We find here a digest of nuclear law. From historical aspect to the different agencies such EURATOM, Iea, IAEA, in passing by the law of fuel cycle and the nuclear trade. The ideas of safety and major risks are also reviewed. (N.C.)

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

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

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

  10. Creating EU law judges

    DEFF Research Database (Denmark)

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

    2014-01-01

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

  11. Laws of nature

    CERN Document Server

    Mittelstaedt, Peter

    2005-01-01

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

  12. LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

    OpenAIRE

    Ciongaru, Emilian

    2014-01-01

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

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

    OpenAIRE

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

    2011-01-01

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

  14. 28 CFR 68.52 - Final order of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  15. Sex Difference in Medieval Theology and Canon Law. A Tribute to Joan Cadden 

    OpenAIRE

    Van Der Lugt, Maaike

    2010-01-01

    In order to evaluate the role and importance of sex difference in medieval theology and canon law, this article concentrates on two cases: the hermaphrodite's access to the sacraments of baptism, marriage and ordination, and the creation of the first woman. The author shows that, compared to other intellectual frameworks (Roman law, medieval muslim law), medieval theology, but especially canon law was relatively egalitarian.

  16. Chemical Laws, Idealization and Approximation

    Science.gov (United States)

    Tobin, Emma

    2013-01-01

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

  17. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

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

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

    OpenAIRE

    Anthony, Gordon

    2013-01-01

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

  19. Karl Olivecrona on Judicial Law-Making

    OpenAIRE

    Spaak, Torben

    2009-01-01

    Karl Olivecrona maintains that courts necessarily create law when deciding a case. The reason, he explains, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. I am not convinced by Olivecrona’s analysis, however. The problem is that Olivecrona uses the term ‘evaluation’ in a broad enough sense to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and that therefore...

  20. Ceteris Paribus Laws and Minutis Rectis Laws

    OpenAIRE

    Fenton-Glynn, L.

    2016-01-01

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

  1. Why Law, Economics and Organization

    OpenAIRE

    Oliver E. Williamson

    2005-01-01

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

  2. Anomalous law of cooling

    Energy Technology Data Exchange (ETDEWEB)

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

    2015-03-14

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

  3. Law on Atomic Energy

    International Nuclear Information System (INIS)

    The Law defines the legislative foundation and concepts for peaceful uses of atomic energy in Vietnam. The Law, including 11 chapters, 93 articles and coming into force on the 1 Jan 2009, regulates utilization of atomic energy and assurance of safety and security. The Law contains issues: general provisions; measures to promote development and application of atomic energy for peaceful purposes; radiation safety, nuclear safety and security of radioactive sources, nuclear material and facilities; exploration, exploitation and processing radioactive ores; transportation, import and export of radioactive materials and nuclear equipment; atomic energy application services; declaration and licensing; response to radiation or nuclear incidents and compensation for damage caused by these incidents. (VAEC)

  4. Anomalous law of cooling

    International Nuclear Information System (INIS)

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

  5. Retrospectives: Say's Law

    OpenAIRE

    Baumol, William J.

    1999-01-01

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

  6. Anomalous law of cooling

    Science.gov (United States)

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

    2015-03-01

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

  7. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

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

  8. The Virtual Court Action: procedural facilitation in law

    Directory of Open Access Journals (Sweden)

    Karen Barton

    1998-12-01

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

  9. A general law for electromagnetic induction

    CERN Document Server

    Giuliani, Giuseppe

    2015-01-01

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

  10. F-generation law and recognition of system law

    Institute of Scientific and Technical Information of China (English)

    Shi Kaiquan; Yao Bingxue

    2007-01-01

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

  11. Best interests: what problems in family law should health care law avoid?

    Science.gov (United States)

    Holm, Søren

    2008-09-01

    This article comments briefly on three specific issues in Shazia Choudhry's paper "'Best Interests' What can healthcare law learn from family law?" The three issues are: (1) the implications of 'best interests' and 'welfare science' for women within the family law and the health care law context, (2) the risk of capture by the 'welfare science' industry, and (3) the proposal that a committee of medical experts and medical ethicists should be set up to provide reports to the Court of Protection on cases brought under the Mental Capacity Act 2005 (MCA). I argue that the risk of capture by 'welfare science' is equally large in health care law and that a committee of the kind envisaged by Choudhry is unlikely to contribute significantly to conflict resolution under the MCA. PMID:18677568

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

    Science.gov (United States)

    Buschauer, Robert

    2013-12-01

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

  13. The LSU Law Center -- Canada Bijuralism Conference. Introduction: Global Law and the Law School Curriculum.

    Science.gov (United States)

    Costonis, John J.

    2002-01-01

    Introduces papers from a conference focused on the bijural programs of Louisiana State University Law Center and McGill University Faculty of Law. The programs educate all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  14. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

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

  15. Teaching Criminal Law.

    Science.gov (United States)

    Levin, Sandy

    1989-01-01

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

  16. Law and technology

    International Nuclear Information System (INIS)

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

  17. Law Enforcement Plan

    Data.gov (United States)

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

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

    Directory of Open Access Journals (Sweden)

    Andrés Gascón Cuenca

    2012-12-01

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

  19. Law And Economics In Germany

    OpenAIRE

    Kirstein, Roland

    1997-01-01

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

  20. Artificial Inteligence and Law

    OpenAIRE

    Fuková, Kateřina

    2012-01-01

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

  1. Law and individuality

    OpenAIRE

    D.F.M. Strauss

    2007-01-01

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

  2. Conventional Constitutional Law

    OpenAIRE

    2015-01-01

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

  3. Free Bessel laws

    OpenAIRE

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

    2007-01-01

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

  4. The rule of law

    OpenAIRE

    Besnik Murati; Elmi Morina

    2015-01-01

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

  5. Environmental Law Survey 2013

    OpenAIRE

    2014-01-01

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

  6. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

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

  7. Environmental Law Survey 2014

    OpenAIRE

    2014-01-01

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

  8. GENERAL PRINCIPLES OF LAW

    Directory of Open Access Journals (Sweden)

    Elena ANGHEL

    2016-05-01

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

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

    OpenAIRE

    Baumberg, Ben; Anderson, Peter

    2008-01-01

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

  10. Henry's law constants of polyols

    Science.gov (United States)

    Compernolle, S.; Müller, J.-F.

    2014-12-01

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

  11. Challenging the generalized second law

    International Nuclear Information System (INIS)

    The generalized second law (GSL) of black hole thermodynamics states that the sum of changes in black hole entropy and the ordinary entropy of matter and fields outside the hole must be non-negative. In the classical limit, the GSL reduces to Hawking's area theorem. Neither law identifies the specific effects that make it work in particular situations. Motivated by Davies' recent gedanken experiment he used to infer a bound on the size of the fine structure constant from the GSL, we study a series of variants in which an electric test charge is lowered to a finite radius and then dropped into a Schwarzschild, a near-extremal magnetic Reissner-Nordstroem or a near-extremal Kerr black hole. For a classical charge, we demonstrate that a specific 'backreaction' effect is responsible for protecting the area theorem in the near-extremal examples. For the magnetically charged Reissner-Nordstroem hole an area theorem violation is defused by taking into account a subtle source of repulsion of the charge: the spinning up of the black hole in the process of bringing the charge down to its dropping point. In Kerr hole case, the electric self-force on the charge is sufficient to right matters. However, in all experiments involving an elementary charge, the full GSL would apparently be violated were the fine structure constant greater than about order unity. We argue that in this case a quantum effect, the Unruh-Wald quantum buoyancy, may protect the GSL.

  12. Numerical simulation of conservation laws

    Science.gov (United States)

    Chang, Sin-Chung; To, Wai-Ming

    1992-01-01

    A new numerical framework for solving conservation laws is being developed. This new approach differs substantially from the well established methods, i.e., finite difference, finite volume, finite element and spectral methods, in both concept and methodology. The key features of the current scheme include: (1) direct discretization of the integral forms of conservation laws, (2) treating space and time on the same footing, (3) flux conservation in space and time, and (4) unified treatment of the convection and diffusion fluxes. The model equation considered in the initial study is the standard one dimensional unsteady constant-coefficient convection-diffusion equation. In a stability study, it is shown that the principal and spurious amplification factors of the current scheme, respectively, are structurally similar to those of the leapfrog/DuFort-Frankel scheme. As a result, the current scheme has no numerical diffusion in the special case of pure convection and is unconditionally stable in the special case of pure diffusion. Assuming smooth initial data, it will be shown theoretically and numerically that, by using an easily determined optimal time step, the accuracy of the current scheme may reach a level which is several orders of magnitude higher than that of the MacCormack scheme, with virtually identical operation count.

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

    NARCIS (Netherlands)

    L.T. Visscher (Louis)

    2010-01-01

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

  14. Handbook on nuclear law

    International Nuclear Information System (INIS)

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  15. Handbook on nuclear law

    International Nuclear Information System (INIS)

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle

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

    OpenAIRE

    Claudia Morini

    2010-01-01

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

  17. The remarkable durability of Thirlwall’s Law

    OpenAIRE

    Mark Setterfield

    2011-01-01

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

  18. Area law and vacuum reordering in harmonic networks

    OpenAIRE

    Riera, A.; Latorre, J I

    2006-01-01

    We review a number of ideas related to area law scaling of the geometric entropy from the point of view of condensed matter, quantum field theory and quantum information. An explicit computation in arbitrary dimensions of the geometric entropy of the ground state of a discretized scalar free field theory shows the expected area law result. In this case, area law scaling is a manifestation of a deeper reordering of the vacuum produced by majorization relations. Furthermore, the explicit contro...

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

    OpenAIRE

    Sharapov, A. A.

    2016-01-01

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

  20. Copyright Law, the Internet, and Distance Education.

    Science.gov (United States)

    Colyer, Anita

    1997-01-01

    Examines copyright issues related to online course development and delivery. Provides a brief history of copyright law. Examples of recent lawsuits and several case studies provide a context for examination of fair-use issues and liability for online copyright infringement. Presents questions to consider on topics such as process issues,…

  1. Education and the Law of Defamation.

    Science.gov (United States)

    Pyra, Joseph F.

    1982-01-01

    Summarizes Canadian law pertaining to defamation and looks at educational cases in this area. The definition of defamation is explored generally, then defamation, libel, slander, the importance of publication, and the role of malice are examined. Various defenses available to a defendant in a suit of defamation are studied. (Author/BRR)

  2. Homosexuality, the Law, and Public Schools.

    Science.gov (United States)

    Brooks, Kenneth W.; And Others

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

  3. Newton's law in de Sitter brane

    International Nuclear Information System (INIS)

    Newton potential has been evaluated for the case of dS brane embedded in Minkowski, dS5 and AdS5 bulks. We point out that only the AdS5 bulk might be consistent with the Newton's law from the brane-world viewpoint when we respect a small cosmological constant observed at present universe

  4. Recent Developments in Minnesota Education Law.

    Science.gov (United States)

    Popovich, Peter S.; And Others

    1988-01-01

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

  5. A new German law

    International Nuclear Information System (INIS)

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

  6. India’s patent laws under pressure

    OpenAIRE

    Roderick, Peter; Pollock, Allyson M

    2016-01-01

    Pending cases against India's patent laws threaten public health and misinterpret international intellectual property agreements. In trying to limit compulsory licences and avoid efficacy tests on products, the Bayer and Novartis cases are seeking to undermine public health considerations aimed at improving access and therapeutic advantage. The TRIPS Agreement does not limit the grounds on which compulsory licences can be granted, and does not prevent patent applicants from having to ...

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

    DEFF Research Database (Denmark)

    Haagerup, Uffe; Möller, Sören

    2013-01-01

    In classical probability the law of large numbers for the multiplicative convolution follows directly from the law for the additive convolution. In free probability this is not the case. The free additive law was proved by D. Voiculescu in 1986 for probability measures with bounded support and...... extended to all probability measures with first moment by J.M. Lindsay and V. Pata in 1997, while the free multiplicative law was proved only recently by G. Tucci in 2010. In this paper we extend Tucci’s result to measures with unbounded support while at the same time giving a more elementary proof for the...... case of bounded support. In contrast to the classical multiplicative convolution case, the limit measure for the free multiplicative law of large numbers is not a Dirac measure, unless the original measure is a Dirac measure. We also show that the mean value of lnx is additive with respect to the free...

  8. Nurturing Respect for the Law.

    Science.gov (United States)

    Ioffe, M. G.

    1978-01-01

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

  9. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

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

  10. Law, Community and Ultima Ratio in Transnational Law

    Directory of Open Access Journals (Sweden)

    Massimo Fichera

    2013-01-01

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

  11. Online Law Dictionaries

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2012-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Forkel, H.W.

    1988-01-22

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

  13. 20 CFR 404.985 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

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

  14. 20 CFR 416.1485 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

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

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

    CERN Document Server

    Krajewski, T; Vu, D L

    2016-01-01

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

  16. Competition Law and IP Rights in Pharmaceuticals and Biotechnology (forthcoming)

    DEFF Research Database (Denmark)

    Lundqvist, Björn; Minssen, Timo; Pierce, Justin

    problems of practitioners, researcher and students alike. It will address important competition law issues that arise where IP rights are acquired and utilised in Europe. It will contain a comprehensive analysis of EU case law, EU legislation and European Commission notices. A comparison will also be made...

  17. Generalized Second Law of Thermodynamics in Quintom Dominated Universe

    OpenAIRE

    Setare, M. R.

    2006-01-01

    In this paper we will investigate the validity of the Generalized Second Law of thermodynamics for the Quintom model of dark energy. Reviewing briefly the quintom scenario of dark energy, we will study the conditions of validity of the generalized second law of thermodynamics in three cases: quintessence dominated, phantom dominated and transition from quintessence to phantom will be discussed.

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

    DEFF Research Database (Denmark)

    Rønfeldt, Thomas; Werlauff, Erik

    2008-01-01

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

  19. Conservation laws of the generalized short pulse equation

    International Nuclear Information System (INIS)

    We show that the generalized short pulse equation is nonlinearly self-adjoint with differential substitution. Moreover, any adjoint symmetry is a differential substitution of nonlinear self-adjointness, and vice versa. Consequently, the general conservation law formula is constructed and new conservation laws for some special cases are found. (paper)

  20. EU Food Health Law

    DEFF Research Database (Denmark)

    Edinger, Wieke Willemijn Huizing

    This thesis shows that the distinction between food safety and non-safety issues in Regulation (EC) No 178/2002, the General Food Law (GFL), results in a grey area of regulation. This grey area comprises foods that do not pose a food safety risk in a legal sense, but that could pose a threat to...... adoption of harmonising measures that could facilitate a better consumer protection from non-safety health risks at the EU level. The EU legislature should use this legislative competence to fill in the regulatory grey area. Two possible ways forward to better integrate food health into the EU food law...

  1. Transport and conservation laws

    OpenAIRE

    Zotos, X.; F. Naef; Prelovsek, P.

    1996-01-01

    We study the lowest order conservation laws in one-dimensional (1D) integrable quantum many-body models (IQM) as the Heisenberg spin 1/2 chain, the Hubbard and t-J model. We show that the energy current is closely related to the first conservation law in these models and therefore the thermal transport coefficients are anomalous. Using an inequality on the time decay of current correlations we show how the existence of conserved quantities implies a finite charge stiffness (weight of the zero...

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

    DEFF Research Database (Denmark)

    Neville, Mette; Sørensen, Karsten Engsig

    2001-01-01

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

  3. Systematization of Financial Law – Tax Law as a Branch of Law?

    OpenAIRE

    Czudek Damian

    2015-01-01

    This contribution deals with the question of place of the fax law in the system of financial law. The author shows and analyses different point of views of authors in the Central European region at the problem of systematization of financial law. "This is a targeted publication on the one topic (Financial Law). It has been requested for inclusion in WOS."

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

    Institute of Scientific and Technical Information of China (English)

    普忠良; 卢琳

    2014-01-01

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

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

    OpenAIRE

    Stamm'ler Jaliff, Pernilla

    2013-01-01

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

  6. The remarkable durability of Thirlwall’s Law

    Directory of Open Access Journals (Sweden)

    Mark Setterfield

    2011-12-01

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

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

    CERN Document Server

    Sharapov, A A

    2016-01-01

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

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

    International Nuclear Information System (INIS)

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

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

    DEFF Research Database (Denmark)

    Goutianos, Stergios; Sørensen, Bent F.

    2012-01-01

    A general theoretical analysis is presented to prove that, under mixed mode fracture, truss-like mixed mode cohesive laws (cohesive laws that are coupled in a special manner such that the traction vector follows the separation/opening vector) are path independent only in the limited case where the...... fracture resistance (and effective traction) is independent of the phase angle of openings. To verify the theoretical analysis, a specific class of truss-like cohesive laws, coupled with a failure criterion for damage initiation and an effective opening displacement is used. It is shown analytically and...... numerically that these cohesive laws are path dependent....

  10. Environmental Law II.

    Science.gov (United States)

    Continuing Legal Education in Colorado, Inc., Denver.

    Presented are papers delivered at a 1976 Colorado environmental law conference. Included in the publication are the conference schedule, the text of nine papers, background information on authors, and bibliography listings for each paper. Titles and topics of the papers are the following: (1) Water Resources Development and the Environment…

  11. Nuclear law in progress

    International Nuclear Information System (INIS)

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

  12. Energy and Environmental Law

    International Nuclear Information System (INIS)

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

  13. Introduction to environmental law

    International Nuclear Information System (INIS)

    The author outlines the environmental law in the Federal Republic of Germany and surveys the main legal regulations in the field of environmental protection. Inter alia he deals with problems of installations subject to permission and with legal questions of transfrontier environmental pollution and of compensation according to sec. 38 Atomic Energy Act. (WG)

  14. Panarchy and the Law

    Directory of Open Access Journals (Sweden)

    J. B. Ruhl

    2012-09-01

    Full Text Available Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive natural and social systems demands an active adaptive management regime that eschews optimization approaches that seek stability. This is a new approach to resources management, and yet no new theory of how to do things in environmental and natural resources management, particularly one challenging entrenched ways of doing things and the interests aligned around them, is likely to gain traction in practice if it cannot gain traction in the form of endorsement and implementation through specific laws and regulations. At some point, that bridge must be crossed or the enterprise of putting panarchy theory into panarchy practice will stall. Any effort to operationalize panarchy theory through law thus comes up against the mission of law to provide social stability and the nature of law itself as a complex adaptive system. To state the problem in another way, putting panarchy theory into practice will require adaptively managing the complex adaptive legal system to adaptively manage other complex adaptive natural and social systems, all in a way that maintains some level of social order. Panarchy theorists have yet to develop an agenda for doing so. It is time for lawyers to join the team.

  15. Law and individuality

    Directory of Open Access Journals (Sweden)

    D.F.M. Strauss

    2007-07-01

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

  16. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

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

  17. International institutional law

    CERN Document Server

    Schermers, Henry G

    1972-01-01

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

  18. Law and the Consumer.

    Science.gov (United States)

    Idleman, Hillis K.

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

  19. Protective Policy Laws.

    Science.gov (United States)

    Gehrin, Donald D.

    1994-01-01

    Offers ways to help student affairs administrators understand protective policy laws and regulations. Looks at how such federal guidelines affect campus policies, practices, and procedures. Examines the Buckley Amendment, student consumer information, student right-to-know, campus security, and the Drug Free Schools and Communities Act. (Includes…

  20. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

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

    2012-01-01

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

  1. Modification of Fick's law

    International Nuclear Information System (INIS)

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

  2. Demonstrating Newton's Second Law.

    Science.gov (United States)

    Fricker, H. S.

    1994-01-01

    Describes an apparatus for demonstrating the second law of motion. Provides sample data and discusses the merits of this method over traditional methods of supplying a constant force. The method produces empirical best-fit lines which convincingly demonstrate that for a fixed mass, acceleration is proportional to force. (DDR)

  3. Law... For what?

    Directory of Open Access Journals (Sweden)

    Rodrigo Merino Barros

    2012-12-01

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

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

    International Nuclear Information System (INIS)

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

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

    Index Scriptorium Estoniae

    Kim, Yoonie

    2005-01-01

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

  6. The Weyl law for contractive maps

    International Nuclear Information System (INIS)

    We find an empirical Weyl law followed by the eigenvalues of contractive maps. An important property is that it is mainly insensitive to the dimension of the corresponding invariant classical set, the strange attractor. The usual explanation for the fractal Weyl law emergence in scattering systems (i.e., having a projective opening) is based on the classical phase space distributions evolved up to the quantum to classical correspondence (Ehrenfest) time. In the contractive case this reasoning fails to describe it. Instead, we conjecture that the support for this behavior is essentially given by the strong non-orthogonality of the eigenvectors of the contractive superoperator. We test the validity of the Weyl law and this conjecture on two paradigmatic systems, the dissipative baker and kicked top maps. (paper)

  7. International institutional law unity within diversity

    CERN Document Server

    Schermers, Henry G

    2011-01-01

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

  8. The Weyl law for contractive maps

    Science.gov (United States)

    Spina, Maria E.; Rivas, Alejandro M. F.; Carlo, Gabriel

    2013-11-01

    We find an empirical Weyl law followed by the eigenvalues of contractive maps. An important property is that it is mainly insensitive to the dimension of the corresponding invariant classical set, the strange attractor. The usual explanation for the fractal Weyl law emergence in scattering systems (i.e., having a projective opening) is based on the classical phase space distributions evolved up to the quantum to classical correspondence (Ehrenfest) time. In the contractive case this reasoning fails to describe it. Instead, we conjecture that the support for this behavior is essentially given by the strong non-orthogonality of the eigenvectors of the contractive superoperator. We test the validity of the Weyl law and this conjecture on two paradigmatic systems, the dissipative baker and kicked top maps.

  9. How Challenges of Warfare Influences the Laws of Warfare

    Directory of Open Access Journals (Sweden)

    Eyal Benvenisti

    2012-04-01

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

  10. Nuclear Law Bulletin No. 92 - Volume 2013/2

    International Nuclear Information System (INIS)

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides authoritative and comprehensive information on nuclear law developments. Published twice a year in both English and French, it features topical articles written by renowned legal experts, covers nuclear legislative developments worldwide and reports on relevant case law, bilateral and international agreements and regulatory activities of international organisations. The topical articles of this issue deal with: - Uranium mining and production: A legal perspective on regulating an important resource by Lisa Thiele; - Turkish nuclear legislation: Developments for a nuclear newcomer by Erinc Ercan and Horst Schneider; - Nuclear law and environmental law in the licensing of nuclear installations by Christian Raetzke

  11. Cosmic backreaction and Gauss's law

    CERN Document Server

    Fleury, Pierre

    2016-01-01

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

  12. Power law in website ratings

    CERN Document Server

    Lande, D V

    2010-01-01

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

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

    OpenAIRE

    I.M. Dubrovskii

    2008-01-01

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

  14. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

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

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

    International Nuclear Information System (INIS)

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

  16. Making law work for the poor

    Energy Technology Data Exchange (ETDEWEB)

    Cotula, Lorenzo

    2005-11-15

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

  17. A scaling law beyond Zipf's law and its relation to Heaps' law

    International Nuclear Information System (INIS)

    The dependence on text length of the statistical properties of word occurrences has long been considered a severe limitation on the usefulness of quantitative linguistics. We propose a simple scaling form for the distribution of absolute word frequencies that brings to light the robustness of this distribution as text grows. In this way, the shape of the distribution is always the same, and it is only a scale parameter that increases (linearly) with text length. By analyzing very long novels we show that this behavior holds both for raw, unlemmatized texts and for lemmatized texts. In the latter case, the distribution of frequencies is well approximated by a double power law, maintaining the Zipf's exponent value γ ≃ 2 for large frequencies but yielding a smaller exponent in the low-frequency regime. The growth of the distribution with text length allows us to estimate the size of the vocabulary at each step and to propose a generic alternative to Heaps' law, which turns out to be intimately connected to the distribution of frequencies, thanks to its scaling behavior. (paper)

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

    CERN Document Server

    Smolinsky, Lawrence

    2015-01-01

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

  19. LAW 575 UOP Course Tutorial/Tutorialrank

    OpenAIRE

    badhrinara

    2015-01-01

    For more course tutorials visit www.tutorialrank.com Tutorial Purchased: 5 Times, Rating: A     LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week...

  20. LAW 575 UOP Course Tutorial/ Tutorialrank

    OpenAIRE

    john

    2015-01-01

    For more course tutorials visit www.tutorialrank.com Tutorial Purchased: 5 Times, Rating: A     LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week...

  1. LAW 575 UOP Course Tutorial / Tutorialoutlet

    OpenAIRE

    roster

    2015-01-01

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

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

    International Nuclear Information System (INIS)

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

  3. Vermont Law School's Unique Master of Studies in Environmental Law.

    Science.gov (United States)

    Suagee, Dean B.

    2003-01-01

    Vermont Law School offers a 1-year master of studies in environmental law for which the only prerequisite is a bachelor's degree. A fellowship program waives tuition and provides stipends for American Indians taking the program. Courses on federal Indian law complement the program. The Native community at nearby Dartmouth College provides social…

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

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Simpson, Robert J., Ed.

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

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

    Science.gov (United States)

    Haimbaugh, George D., Jr.

    1981-01-01

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

  7. Law Behind Second Law of Thermodynamics --Unification with Cosmology--

    OpenAIRE

    Nielsen, Holger B.; Ninomiya, Masao

    2006-01-01

    In an abstract setting of a general classical mechanical system as a model for the universe we set up a general formalism for a law behind the second law of thermodynamics, i.e. really for "initial conditions". We propose a unification with the other laws by requiring similar symmetry and locality properties.

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

    NARCIS (Netherlands)

    Battjes, H.

    2006-01-01

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

  9. New State Forest Practice Laws. A review of state laws and their natural resource data requirements

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

    Forest practice regulations can be established by being specified in state law or by being promulgated by some other official body delegated the authority to do so. At the state level, public regulation of private forest practices resulted in many cases, in the enactment of state forest practice laws regulating both private, and in some cases, public landowner activities. These laws aim not only to protect natural environments, but also to encourage continuous productivity of forest lands, to maintain or enhance aesthetic values, and to serve as an implementing mechanism to control water pollution. Profiles of regulations in California, Idaho, Maine, Nevada, New Hampshire, Oregon, and Washington are examined and assessed. Voluntary guidelines in use in 18 states are summarized.

  10. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH)

  11. Criminal Law in Denmark

    DEFF Research Database (Denmark)

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

    -trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable......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...

  12. Behavioral Law & Economics

    OpenAIRE

    Tomasz Nieborak

    2012-01-01

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

  13. Corporate Law's Limits.

    OpenAIRE

    Roe, Mark J.

    2002-01-01

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

  14. Public Enforcement of Law

    OpenAIRE

    A. Mitchell Polinsky; Steven Shavell

    2006-01-01

    This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of public enforcement of law — the use of public agents (inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules. We first discuss the basic elements of the theory: the probability of imposition of sanctions, the magnitude and form of sanctions (fines, imprisonment), and the rule of liability. We then examine a variety of extensions, ...

  15. Form of growth law

    OpenAIRE

    Tringelová M.

    2007-01-01

    Our aim in future is to computer simulate the mechanical stimulated postnatal heart development (normal growth, heart hypertrophy, etc.). We are now interested in the study of the form of growth law [1], which we could use for the simulation. We follow the theory of volumetric growth in [1]. This theory is based on the theory of generalized continuum [2] and describes the volumetric growth of tissue from macroscopic point of view.

  16. Labor Law Renewal

    OpenAIRE

    Sachs, Benjamin Ian

    2007-01-01

    This essay challenges the conventional wisdom that American labor law has reached a dead end. I argue that the dysfunctionality of the National Labor Relations Act has led not to "ossification" - as many believe - but to a hydraulic effect: unable to find an outlet through the NLRA, the continuing demand for collective action has forced open alternative legal channels. The essay outlines three examples to illustrate these emerging trends. The first involves the ability of several thousand ...

  17. Form of growth law

    Directory of Open Access Journals (Sweden)

    Tringelová M.

    2007-11-01

    Full Text Available Our aim in future is to computer simulate the mechanical stimulated postnatal heart development (normal growth, heart hypertrophy, etc.. We are now interested in the study of the form of growth law [1], which we could use for the simulation. We follow the theory of volumetric growth in [1]. This theory is based on the theory of generalized continuum [2] and describes the volumetric growth of tissue from macroscopic point of view.

  18. Similarity laws for pulsed gas discharges

    International Nuclear Information System (INIS)

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

  19. [Abortion law in Italy].

    Science.gov (United States)

    Havránek, F

    1979-04-01

    On May 28, 1978, the Italian senate passed a law legalizing abortions. The law, passed against the will of the Christian Democrat party and the Vatican, is the most liberal in Western Europe. Any woman 18 or older is free to seek an abortion at a private or public institution during the first 90 days of pregnancy. Abortions can be sought on health, economic, social, family, or psychological grounds. A woman requests an abortion at a hospital or clinic, or from a physician. If termination is deemed urgent, the procedure may be performed immediately. If a request is denied, a woman may make another request 7 days later. Second trimester abortions are permitted only if grave danger to the woman or deformation of the fetus is suspected. Women under 18 meed the permission of their parents or legal guardians; a court may also grant permission. Passage of the law has facilitated open debate on the legal and medical aspects of abortion. It has also guaranteed women access to abortions. Physicians, who on grounds of conscience feel they can't perform abortions, may register to be exempt from having to perform them. They may not, however, deny a woman care before and after her abortion, and if they perform the procedure even once, their name is removed from the exempt register. Additionally, all physicians are bound to attempt to preserve the life of all women as well as any fetus which shows life outside the womb. PMID:445601

  20. Sovereignty in International Law

    Directory of Open Access Journals (Sweden)

    Jana MAFTEI

    2015-03-01

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