CASE REVIEW (Labor Law) | Fassil | Haramaya Law Review

African Journals Online (AJOL)

The Ethiopian labour law seemingly adopts the presumption of 'indefinite period' of engagement for all labour contracts. The burden is then on the employer to prove otherwise i.e. recruitments for definite period or piece work. This case comment drills on the effect of phaseout of project works on labour contract attached to it ...

Case law and administrative decisions

International Nuclear Information System (INIS)

Anon.

2004-01-01

Two points are related in case law: the judgement of the appeal court of Limoges regarding the dumping of radioactive waste by Cogema, and the judgement of the slovak constitutional court on Greenpeace claim. (N.C.)

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

Science.gov (United States)

White, Hollie; Bordo, Miguel; Chen, Sean

2015-01-01

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

On Making Autonomous Vehicles Respect Traffic Law : a Case Study for Dutch Law

NARCIS (Netherlands)

Prakken, H.

Among the problems that still need to be solved before autonomous vehicles can fully autonomously participate in traffic is the one of making them respect the traffic laws. This paper discusses this problem by way of a case study of Dutch traffic law. First it is discussed to what extent Dutch

Case law

International Nuclear Information System (INIS)

2016-01-01

This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant; 2 - Poland: Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository (2015); 3 - United States: Commission authorises issuance of construction permit for the Shine Medical Isotope Facility in Janesville, Wisconsin; 4 - United States: Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas

Case law and administrative decisions

International Nuclear Information System (INIS)

Herbert, J.

1999-01-01

Two topics are discussed: one of them is French case law in the medical field concerning ionising radiation, and the other one is litigation relating to the DOE's obligation under the NWPA to commence acceptance of spent fuel by 13 January 1998. (K.A.)

The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

International Nuclear Information System (INIS)

Kuehne, G.

2000-01-01

The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [de

Case Law

International Nuclear Information System (INIS)

2014-01-01

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

Litigants in Person in Private Family Law Cases

OpenAIRE

Trinder, L.; Hunter, R.; Hitchings, E.; Miles, J.; Smith, L.; Moorhead, R.; Sefton, M.; Hinchly, V.; Pearce, J.; Bader, K.

2014-01-01

This study was designed to develop the evidence base on litigants in person in private family law cases, including their behavioural drivers, experiences and support needs, and impact on the court prior to the implementation of legal aid reforms in April 2013. Fieldwork was conducted between January and March 2013. The study delivered primarily qualitative evidence. The researchers sampled 151 private law family cases where a hearing was observed, the court file examined and parties and p...

Case Law

International Nuclear Information System (INIS)

Anon.

2009-01-01

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

EU external relations law : text, cases and materials

NARCIS (Netherlands)

Van Vooren, Bart; Wessel, Ramses A.

2014-01-01

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

Autism Spectrum Disorder and New Jersey Administrative Law Decisions: An Analysis of Case Law Involving Public School Students

Science.gov (United States)

Barcadepone, Michael J.

2012-01-01

The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose…

Tort choice of law and international fundamental norms: A case ...

African Journals Online (AJOL)

The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies both the common law and the civil law traditions. The aim here is twofold. The first is to evaluate the suitability of their choice of law rules for addressing cases alleging ...

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

Science.gov (United States)

2010-07-01

..., the judge (or the Board) will decide the case or make other disposition of it. (10) To make and file... 29 Labor 2 2010-07-01 2010-07-01 false Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges...

Mass Action and Conservation of Current

Directory of Open Access Journals (Sweden)

Eisenberg Robert S.

2016-10-01

Full Text Available The law of mass action does not force a series of chemical reactions to have the same current flow everywhere. Interruption of far-away current does not stop current everywhere in a series of chemical reactions (analyzed according to the law of mass action, and so does not obey Maxwell’s equations. An additional constraint and equation is needed to enforce global continuity of current. The additional constraint is introduced in this paper in the special case that the chemical reaction describes spatial movement through narrow channels. In that case, a fully consistent treatment is possible using different models of charge movement. The general case must be dealt with by variational methods that enforce consistency of all the physical laws involved. Violations of current continuity arise away from equilibrium, when current flows, and the law of mass action is applied to a non-equilibrium situation, different from the systems considered when the law was originally derived. Device design in the chemical world is difficult because simple laws are not obeyed in that way. Rate constants of the law of mass action are found experimentally to change from one set of conditions to another. The law of mass action is not robust in most cases and cannot serve the same role that circuit models do in our electrical technology. Robust models and device designs in the chemical world will not be possible until continuity of current is embedded in a generalization of the law of mass action using a consistent variational model of energy and dissipation.

Mass transport and the bootstrap current from Ohm's law in steady-state tokamaks

International Nuclear Information System (INIS)

Kim, J.-S.; Greene, J.M.

1989-01-01

The consequences of mass conservation and Ohm's law are examined for steady state Tokamaks. In a Tokamak, magnetofluid-dynamic waves rapidly equilibrate pressure and toroidal field along magnetic surfaces. As a result, the detailed current distribution is determined by the flux surface averaged poloidal and toroidal currents. The electrons that carry the plasma current are impeded in their motion by interactions with ions, which is resistivity and its generalizations, and by interactions with electrons, which is viscosity and its generalizations. The important viscous terms arise from the interaction between trapped and untrapped electrons, and so viscosity acts by impeding poloidal current. properly chosen, the results of neoclassical theory are The neoclassical viscous coefficient is here regarded as less likely than Spitzer conductivity to be experimentally relevant in a turbulent Tokamak. Thus, the toroidal Ohm's law is regarded as being more reliable than the poloidal Ohm's law. A combination of toroidal and poloidal Ohm's law, namely the component parallel to the magnetic field, eliminates the influence of plasma fueling, and directly relates the bootstrap current and the pressure gradient. The latter is the usual relation, but, since i

People's Judgments About Classic Property Law Cases.

Science.gov (United States)

DeScioli, Peter; Karpoff, Rachel

2015-06-01

People's judgments about property shape how they relate to other people with respect to resources. Property law cases can provide a valuable window into ownership judgments because disputants often use conflicting rules for ownership, offering opportunities to distinguish these basic rules. Here we report a series of ten studies investigating people's judgments about classic property law cases dealing with found objects. The cases address a range of issues, including the relativity of ownership, finder versus landowner rights, object location, objects below- versus above-ground, mislaid versus lost objects, contracts between landowners and finders, and the distinction between public and private space. The results show nuanced patterns in ownership judgments that are not well-explained by previous psychological theories. Also, people's judgments often conflict with court decisions and legal principles. These empirical patterns can be used to generate and test novel hypotheses about the intuitive logic of ownership.

Case law

International Nuclear Information System (INIS)

2017-01-01

This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak

French case law and the use of nuclear energy

International Nuclear Information System (INIS)

Hebert, Jean

1980-01-01

This Article which covers the most representative examples of French case-law in the nuclear field, analyses the cases involved and the relevant court decisions. It describes the evolution of the nuclear debate in France, the progressive constitution of anti-nuclear associations and their fight against nuclear energy development in the courts in the context of the licensing procedures for nuclear installations. The author analyses French law and the legal basis for the courts' decisions. (NEA) [fr

Legal rights to safe abortion: knowledge and attitude of women in North-West Ethiopia toward the current Ethiopian abortion law.

Science.gov (United States)

Muzeyen, R; Ayichiluhm, M; Manyazewal, T

2017-07-01

To assess women's knowledge and attitude toward Ethiopian current abortion law. A quantitative, community-based cross-sectional survey. Women of reproductive age in three selected lower districts in Bahir Dar, North-West Ethiopia, were included. Multi-stage simple random sampling and simple random sampling were used to select the districts and respondents, respectively. Data were collected using a structured questionnaire comprising questions related to knowledge and attitude toward legal status of abortion and cases where abortion is currently allowed by law in Ethiopia. Descriptive statistics were used to summarize the data and multivariable logistic regression computed to assess the magnitude and significance of associations. Of 845 eligible women selected, 774 (92%) consented to participate and completed the interview. A total of 512 (66%) women were aware of the legal status of the Ethiopian abortion law and their primary sources of information were electronic media such as television and radio (43%) followed by healthcare providers (38.7%). Among women with awareness of the law, 293 (57.2%) were poor in knowledge, 188 (36.7%) fairly knowledgeable, and 31 (6.1%) good in knowledge about the cases where abortion is allowed by law. Of the total 774 women included, 438 (56.5%) hold liberal and 336 (43.5%) conservative attitude toward legalization of abortion. In the multivariable logistic regression, age had a significant association with knowledge, whereas occupation had a significant association with attitude toward the law. Women who had poor knowledge toward the law were more likely to have conservative attitude toward the law (adjusted odds ratio, 0.40; 95% confidence interval, 0.23-0.61). Though the Ethiopian criminal code legalized abortion under certain circumstances since 2005, a significant number of women knew little about the law and several protested legalization of abortion. Countries such as Ethiopia with high maternal mortality records need to lift

The current state of abortion law and practice in Northern Ireland.

Science.gov (United States)

Daniels, Pauline; Campbell, Patricia; Clinton, Alison

This paper reviews current abortion law and practice in Northern Ireland (NI). It explores the origins of NI's abortion law and its complexity in relation to current practice. It reviews issues relating to women seeking terminations in NI and Great Britain and reviews attempts by the Family Planning Association in NI to require the Department of Health, Social Services and Public Safety NI to clarify the current legal basis for termination of pregnancy and to provide guidance for health professionals engaged in this practice. The paper also discusses some of the issues surrounding abortion in NI and seeks to explain why this subject is causing controversy and debate, especially following a judicial review in February and Marie Stopes opening a termination service in Belfast.

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

DEFF Research Database (Denmark)

Sadl, Urska; Panagis, Yannis

2015-01-01

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

Characteristics of Precedent : The Case Law of the European Court of Justice in Three Dimensions

OpenAIRE

Derlén, Mattias; Lindholm, Johan

2015-01-01

The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...

Case law retrieval by concept search and visualization

NARCIS (Netherlands)

Uijttenbroek, Elisabeth M.; Klein, Michel C.A.; Lodder, Arno R.; Van Harmelen, Frank

2007-01-01

The BEST-project (BATNA Establishment using Semantic web Technology, http://best-project.nl) strives to provide disputing parties with information about their legal position in a liability case. Our assumption is that through intelligent disclosure of Dutch Tort Law cases, laymen can estimate their

Determining authority of Dutch case law

NARCIS (Netherlands)

Winkels, R.; de Ruyter, J.; Kroese, H.

2011-01-01

In this paper we present the results of two studies to see whether the analysis of the network of citations between cases can be used as an indication of the relevance and authority in the Dutch legal system. Fowler e.a. have shown such results for the US common law system, but given the different

The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”

Directory of Open Access Journals (Sweden)

Suwito

2015-04-01

Full Text Available The idea of a progressive law arbitrate by placing the concept of law as an instrument in achieving social goals. This idea also emphasizes the discovery of the laws in each judge’s decision as an attempt to explore the values that live in the community. This progressive legal thought has been applied in several decisions of judges in Indonesia. One is in the civil case, known as “The Case of Mango Tree” which occurred in the jurisdiction of the Jayapura District Court. The aim in this study was intended to examine the normative juridical one court decision in a civil case based progressive law. The method used is a normative approach to the court decision as a primary legal materials. The results showed that there is a judicial consideration of progressive law judge based on the decision of the court, where the judge has successfully completed the legal issues, including complicated and abstract categories. The conclusion of this cases shows that every legal issue can be resolved without having to override the rules by sticking fast to the rules to achieve a sense of justice, expediency and the rule of law as a hallmark of progressive laws.

Statistical interpretation of transient current power-law decay in colloidal quantum dot arrays

Energy Technology Data Exchange (ETDEWEB)

Sibatov, R T, E-mail: ren_sib@bk.ru [Ulyanovsk State University, 432000, 42 Leo Tolstoy Street, Ulyanovsk (Russian Federation)

2011-08-01

A new statistical model of the charge transport in colloidal quantum dot arrays is proposed. It takes into account Coulomb blockade forbidding multiple occupancy of nanocrystals and the influence of energetic disorder of interdot space. The model explains power-law current transients and the presence of the memory effect. The fractional differential analogue of the Ohm law is found phenomenologically for nanocrystal arrays. The model combines ideas that were considered as conflicting by other authors: the Scher-Montroll idea about the power-law distribution of waiting times in localized states for disordered semiconductors is applied taking into account Coulomb blockade; Novikov's condition about the asymptotic power-law distribution of time intervals between successful current pulses in conduction channels is fulfilled; and the carrier injection blocking predicted by Ginger and Greenham (2000 J. Appl. Phys. 87 1361) takes place.

Statistical interpretation of transient current power-law decay in colloidal quantum dot arrays

International Nuclear Information System (INIS)

Sibatov, R T

2011-01-01

A new statistical model of the charge transport in colloidal quantum dot arrays is proposed. It takes into account Coulomb blockade forbidding multiple occupancy of nanocrystals and the influence of energetic disorder of interdot space. The model explains power-law current transients and the presence of the memory effect. The fractional differential analogue of the Ohm law is found phenomenologically for nanocrystal arrays. The model combines ideas that were considered as conflicting by other authors: the Scher-Montroll idea about the power-law distribution of waiting times in localized states for disordered semiconductors is applied taking into account Coulomb blockade; Novikov's condition about the asymptotic power-law distribution of time intervals between successful current pulses in conduction channels is fulfilled; and the carrier injection blocking predicted by Ginger and Greenham (2000 J. Appl. Phys. 87 1361) takes place.

Didactical formulation of the Ampère law

International Nuclear Information System (INIS)

Barchiesi, Dominique

2014-01-01

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. (letters and comments)

Law and Popular Culture: Current Legal Issues Volume 7 edited by Michael Freeman

OpenAIRE

Bradney, Professor Anthony

2006-01-01

As Fiss has put it, academics are in law schools, ‘to study law and teach their students what they happen to discover’ (‘‘Of Law and the River,’ and Nihilism and Academic Freedom’ (1985) 35 Journal of Legal Education 1 at p 26). The idea that all questions about legal phenomena that can be asked should be asked, that nothing should remain unexplored, is slowly being accepted in modern university law schools. Institutions that were once the repositories of ephemeral case-notes and palimpsest t...

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.

Case law

International Nuclear Information System (INIS)

2013-01-01

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

Orton-Gillingham Methodology for Students with Reading Disabilities: 30 Years of Case Law

Science.gov (United States)

Rose, Tessie E.; Zirkel, Perry

2007-01-01

Although numerous studies have investigated autism methodology case law, few studies have investigated case law regarding reading methodology, particularly the Orton-Gillingham approach, for students with reading disabilities. We provide the results of a systematic case analysis of all published Orton-Gillingham decisions from the original passage…

The right to self-determination under international law: The current ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6 (2015) >. Log in or Register to get access to full text downloads.

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.

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

Science.gov (United States)

Hammad, Hamza Abed Al-Karim

2014-01-01

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

Unconsented HIV testing in cases of occupational exposure: ethics, law, and policy.

Science.gov (United States)

Cowan, Ethan; Macklin, Ruth

2012-10-01

Postexposure prophylaxis (PEP) has substantially reduced the risk of acquiring human immunodeficiency virus (HIV) after an occupational exposure; nevertheless, exposure to HIV remains a concern for emergency department providers. According to published guidelines, PEP should be taken only when source patients are HIV-positive or have risk factors for HIV. Initiating PEP when source patients are uninfected puts exposed persons at risk from taking toxic drugs with no compensating benefit. Forgoing PEP if the source is infected results in increased risk of acquiring HIV. What should be done if source patients refuse HIV testing? Is it justifiable to test the blood of these patients over their autonomous objection? The authors review current law and policy and perform an ethical analysis to determine if laws permitting unconsented testing in cases of occupational exposure can be ethically justified. © 2012 by the Society for Academic Emergency Medicine.

Existence of a current price as a precondition for abstract method for calculating damages in international and Serbian sales law

Directory of Open Access Journals (Sweden)

Fišer-Šobot Sandra

2014-01-01

Full Text Available If the contract is avoided and there is a current price for the goods, the party claiming damages may recover the difference between the price fixed by the contract and the current price at specific time and at specific place. Abstract calculation of loss is possible only when the contract goods have current price. Current price is the price generally charged for such goods sold under comparable circumstances in the trade concerned. According to the CISG and Serbian Law of Obligations, for the determination of the current price is relevant time of avoidance. This general rule is not applicable in international sales law when the party claiming damages has avoided the contract after taking over the goods. In that case, the current price at the time of taking over shall be applicable instead of the current price at the time of avoidance. Current price rule contained in the Art. 76(2 of the CISG presupposes that the current price is the price prevailing at the place where the delivery of the goods should have been made, or if there is no current price at the place, the price at such other place as serves as a reasonable substitute, making due allowance for differences in the cost of transporting the goods. Pursuant to Art. 524(2 Of Serbian Law of Obligations, however, relevant is the price in the market of the place of effecting the transaction. Formulation place of effecting the transaction is unclear and vague and can create different problems. Therefore, this rule should be amended and the relevant place should be the place of delivery.

The impact of the ECHR on private international law: An analysis of Strasbourg and selected national case law

NARCIS (Netherlands)

Kiestra, L.R.

2013-01-01

In this research the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analyzed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the

Recent developments in national antitrust practice and case law: January 2012 – May 2013

Directory of Open Access Journals (Sweden)

Mario Siragusa

2014-03-01

Full Text Available In the period under review, the Italian Competition Authority and administrative courts analyzed many important cases in different economic sectors. Some of the these cases raised extremely complex legal and economic issues. The analysis of decision practice and case law highlights some critical aspects of recent antitrust enforcement, namely: (i the need to strengthen the fight against cartels; (ii the need to refine the tools used in merger analysis, also through the use of modern econometric methods; (iii the need to enhance the role of economic analysis in the assessment of unilateral exclusionary conduct, in line with the Commission’s Guidance on Article 102 TFEU; and (iv the need to find a better balance between competition rules and sector-specific regulation, so as to avoid overlapping and inconsistencies. A further critical issue is the need to reinforce the protection of the rights of defense. In order to improve the current administrative enforcement system, it is necessary to enhance the procedural guarantees and to remove the limits on judicial review of antitrust decisions, thus enabling administrative courts to review fully, in fact and in law, any aspect of the ICA’s finding of infringement, and to pronounce also on the merits of the case.

Mandatory Vaccinations: Precedent and Current Laws

National Research Council Canada - National Science Library

Welborn, Angie A

2005-01-01

This report discusses the history legal precedent for mandatory vaccination laws and provides a brief overview of state laws that require certain individuals or populations to be vaccinated against...

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...

Recent Case Law / Arrets récents / Aktuelle Gerichtsentscheidungen

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2005-01-01

the personal opinion of the reporter. Discussions on the most important decisions of European courts can be found in ERPL?s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period...

Law enforcement-applied tourniquets: a case series of life-saving interventions.

Science.gov (United States)

Callaway, David W; Robertson, Joshua; Sztajnkrycer, Matthew D

2015-01-01

Although the epidemiology of civilian trauma is distinct from that encountered in combat, in both settings, extremity hemorrhage remains a major preventable cause of potential mortality. The current paper describes the largest case series in the literature in which police officers arriving prior to emergency medical services applied commercially available field tourniquets to civilian victims of violent trauma. Although all 3 patients with vascular injury arrived at the receiving emergency department in extremis, they were successfully resuscitated and survived to discharge without major morbidity. While this outcome is likely multifactorial and highlights the exceptional care delivered by the modern trauma system, tourniquet application appears to have kept critically injured patients alive long enough to reach definitive trauma care. No patient had a tourniquet-related complication. This case series suggests that law enforcement officers can effectively identify indications for tourniquets and rapidly apply such life-saving interventions.

RTI: Court and Case Law--Confusion by Design

Science.gov (United States)

Daves, David P.; Walker, David W.

2012-01-01

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

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

Directory of Open Access Journals (Sweden)

Rachael L. Johnstone

2011-03-01

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

On Faraday's law in the presence of extended conductors

Science.gov (United States)

Bilbao, Luis

2018-06-01

The use of Faraday's Law of induction for calculating the induced currents in an extended conducting body is discussed. In a general case with arbitrary geometry, the solution to the problem of a moving metal object in the presence of a magnetic field is difficult and implies solving Maxwell's equations in a time-dependent situation. In many cases, including cases with good conductors (but not superconductors) Ampère's Law can be neglected and a simpler solution based solely in Faraday's law can be obtained. The integral form of Faraday's Law along any loop in the conducting body is equivalent to a Kirkhhoff's voltage law of a circuit. Therefore, a numerical solution can be obtained by solving a linear system of equations corresponding to a discrete number of loops in the body.

Privatising the Public University: The Case of Law

Science.gov (United States)

Thornton, Margaret

2011-01-01

"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…

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

Directory of Open Access Journals (Sweden)

Mancano Leandro

2016-05-01

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

Problems of the current law concerning official plan approval

International Nuclear Information System (INIS)

Bluemel, W.

1986-01-01

The booklet presents lectures held in October 1985 at the Speyer University for Administration Science, on the subject of the law concerning official plan approval. The lectures have been selected for their common interest in the requirements of nature conservation and landscape protection. These requirements and the current practice of plan approval procedure are the main issue of the lectures which discuss aspects of environmental impact statements, consideration of ecological requirements, and the role of the landscape conservation plan accompanying official project planning documents. (HSCH) [de

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.…

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. 

Impact of E-Cigarette Minimum Legal Sale Age Laws on Current Cigarette Smoking.

Science.gov (United States)

Dutra, Lauren M; Glantz, Stanton A; Arrazola, René A; King, Brian A

2018-05-01

The purpose of this study was to use individual-level data to examine the relationship between e-cigarette minimum legal sale age (MLSA) laws and cigarette smoking among U.S. adolescents, adjusting for e-cigarette use. In 2016 and 2017, we regressed (logistic) current (past 30-day) cigarette smoking (from 2009-2014 National Youth Tobacco Surveys [NYTS]) on lagged (laws enacted each year counted for the following year) and unlagged (laws enacted January-June counted for that year) state e-cigarette MLSA laws prohibiting sales to youth aged e-cigarette and other tobacco use, sex, race/ethnicity, and age) and state-level (smoke-free laws, cigarette taxes, medical marijuana legalization, income, and unemployment) covariates. Cigarette smoking was not significantly associated with lagged MLSA laws after adjusting for year (odds ratio [OR] = .87, 95% confidence interval [CI]: .73-1.03; p = .10) and covariates (OR = .85, .69-1.03; p = .10). Unlagged laws were significantly and negatively associated with cigarette smoking (OR = .84, .71-.98, p = .02), but not after adjusting for covariates (OR = .84, .70-1.01, p = .07). E-cigarette and other tobacco use, sex, race/ethnicity, age, and smoke-free laws were associated with cigarette smoking (p e-cigarette use and other tobacco use yielded a significant negative association between e-cigarette MLSA laws and cigarette smoking (lagged: OR = .78, .64-.93, p = .01; unlagged: OR = .80, .68-.95, p = .01). After adjusting for covariates, state e-cigarette MLSA laws did not affect youth cigarette smoking. Unadjusted for e-cigarette and other tobacco use, these laws were associated with lower cigarette smoking. Copyright © 2017 The Society for Adolescent Health and Medicine. All rights reserved.

Suicide and psychiatrist's liability in Italian law cases.

Science.gov (United States)

Terranova, Claudio; Sartore, Daniela

2013-03-01

The aim of the study is to analyze the factors that are most frequently associated with a verdict of guilty delivered to the psychiatrist in cases of a patient's suicide in Italian law. Twenty-six sentences (1975-2009) were analyzed according to the claim of malpractice, patient characteristics, circumstances of the suicide, and reasons for the court's judgment. The court held the psychiatrist guilty in 12 cases, considering that the act of suicide was predictable and could have been avoided. Predictability was mainly related to errors in surveillance (7 cases), therapy (1 case), or both (2 cases). An error in diagnosis was considered to be related to the patient's death in two cases. Analysis of medical behavior considered to be erroneous and associated with a verdict of guilty provides an opportunity to discuss the topics relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of patient suicide. © 2012 American Academy of Forensic Sciences.

Law & psychiatry: Gun laws and mental illness: how sensible are the current restrictions?

Science.gov (United States)

Appelbaum, Paul S; Swanson, Jeffrey W

2010-07-01

This column describes federal and state laws to restrict access to firearms among people with mental illness. The contribution to public safety of these laws is likely to be small because only 3%-5% of violent acts are attributable to serious mental illness, and most do not involve guns. The categories of persons with mental illnesses targeted by the laws may not be at higher risk of violence than other subgroups in this population. The laws may deter people from seeking treatment for fear of losing the right to possess firearms and may reinforce stereotypes of persons with mental illnesses as dangerous.

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

Science.gov (United States)

2010-01-01

... Administrative Law Judge's decision and of the order transferring the case to the Board shall be complete upon... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge's decision; contents; service; transfer of case to the Authority; contents of record in case. 2430.12 Section 2430.12...

Case law

International Nuclear Information System (INIS)

Anon.

2002-01-01

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.)

Effect of user education on law students' use of the library: A case of ...

African Journals Online (AJOL)

Effect of user education on law students' use of the library: A case of the faculty of law library, Imo ... The findings of the study reveal that Imo State University law students have ... trained personnel, lack of instructional materials,, limited time allocated to the programme, ... EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

29 CFR 102.45 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

Science.gov (United States)

2010-07-01

... and Transfer of Case to the Board § 102.45 Administrative law judge's decision; contents; service... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...

29 CFR 102.153 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

Science.gov (United States)

2010-07-01

... Expenses § 102.153 Administrative law judge's decision; contents; service; transfer of case to the Board... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...

20 CFR 404.948 - Deciding a case without an oral hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

....948 Deciding a case without an oral hearing before an administrative law judge. (a) Decision wholly... is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide a case on... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Science.gov (United States)

2010-07-01

... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...

Study about the Right to the Factoring Contract in Case Law STJ

Directory of Open Access Journals (Sweden)

Leandro Moraes do Espírito Santo

2016-11-01

Full Text Available This essay aims to examine the right of recourse in commercial development contract in the case law of the Supreme Court. In order to reach an appropriate response, the paper investigates the problem from Hans Kelsen's teachings to theory of law and legal interpretation as may be adopted in the Brazilian legal system.

20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Science.gov (United States)

2010-04-01

... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

Converging cylindrical magnetohydrodynamic shock collapse onto a power-law-varying line current

KAUST Repository

Mostert, W.; Pullin, D. I.; Samtaney, Ravi; Wheatley, V.

2016-01-01

We investigate the convergence behaviour of a cylindrical, fast magnetohydrodynamic (MHD) shock wave in a neutrally ionized gas collapsing onto an axial line current that generates a power law in time, azimuthal magnetic field. The analysis is done

The linkage between secondary victimization by law enforcement and rape case outcomes.

Science.gov (United States)

Patterson, Debra

2011-01-01

Prior research has suggested that almost half of rape victims are treated by law enforcement in ways that they experience as upsetting (termed secondary victimization). However, it remains unknown why some victims have negative experiences with law enforcement and others do not. The purpose of this study is to explore victims' experiences with secondary victimization by detectives, comparing how these experiences vary in cases that were ultimately prosecuted by the criminal justice system to those that were not prosecuted. A total of 20 rape victims are interviewed within one county. The study uses grounded theory qualitative analysis, which showed that participants whose cases were eventually prosecuted described the detectives' treatment toward them considerably different than participants with nonprosecuted cases. The study findings further show that victims with cases that were not prosecuted primarily described their detectives as engaging in secondary victimization behaviors and that victims with cases that were ultimately prosecuted primarily described their detectives as responding compassionately toward them.

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Science.gov (United States)

2010-07-01

... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...

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…

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)

1988-06-01

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) [de

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…

Determination of Death and the Dead Donor Rule: A Survey of the Current Law on Brain Death

Science.gov (United States)

Nikas, Nikolas T.; Bordlee, Dorinda C.; Moreira, Madeline

2016-01-01

Despite seeming uniformity in the law, end-of-life controversies have highlighted variations among state brain death laws and their interpretation by courts. This article provides a survey of the current legal landscape regarding brain death in the United States, for the purpose of assisting professionals who seek to formulate or assess proposals for changes in current law and hospital policy. As we note, the public is increasingly wary of the role of organ transplantation in determinations of death, and of the variability of brain death diagnosing criteria. We urge that any attempt to alter current state statutes or to adopt a national standard must balance the need for medical accuracy with sound ethical principles which reject the utilitarian use of human beings and are consistent with the dignity of the human person. Only in this way can public trust be rebuilt. PMID:27097648

Case law and administrative decisions

International Nuclear Information System (INIS)

Anon.

2005-01-01

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.)

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

NARCIS (Netherlands)

van Hulten, Mart; Jallai, Ave-Geidi

2016-01-01

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

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

Directory of Open Access Journals (Sweden)

Milivojević Sanja K.

2002-01-01

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

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.

International law

CERN Document Server

Shaw, Malcolm N

2017-01-01

International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

20 CFR 416.1448 - Deciding a case without an oral hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

... § 416.1448 Deciding a case without an oral hearing before an administrative law judge. (a) Decision... the decision is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...

20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Science.gov (United States)

2010-04-01

... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

Assessing the Effectiveness of Competition Law Enforcement Policy in Relation to Cartels

Directory of Open Access Journals (Sweden)

Priit Mändmaa

2014-11-01

Full Text Available Despite the high fines for cartel infringements it is claimed that the current competition law enforcement lacks deterrent effect for the avoidance of cartel infringements and is procedurally fragile. This article analyses the current competition law enforcement policy in relation to cartels. More specifically, the article assesses the effectiveness of the policy in deterring the formation of cartels and pursuing the goals of competition law by analysing the theory of deterrence, case law, procedural norms, imposed fines and academic literature. The main conclusions are that wrong targets are aimed at under the deterrence principle, the proceedings are of a criminal law nature and require a separation of powers, and that the current level of fines does not pose a threat on the economy and continually fail to deter price-fixing.

The usefulness of CBF brain SPECT in forensic medicine: the civil law codes cases. A description of four cases

International Nuclear Information System (INIS)

Piskunowicz, M.; Lass, P.; Bandurski, T.; Krzyzanowski, M.

2003-01-01

The aim of this report was to assess the usefulness of cerebral blood flow (CBF) scanning utilising the SPECT technique in forensic medicine cases in the area of civil law cases. CBF SPECT scanning was performed in four patients utilising 99m Tc-ECD and a triple-head gammacamera. In the analysis both the asymmetry index and cerebellar normalisation were applied. Reference values were obtained by studying 30 healthy volunteers. In those cases CBF SPECT scanning played an important role in forensic argument. It influenced the sentence and the amount of financial compensation. CBF SPECT scanning may provide valuable information in forensic medicine argument in civil law cases, but only when taken together with psychometric tests and other neuroimaging methods (CT, MRI). The value of CBF SPECT scanning alone may be limited in judicial proceedings. (author)

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

Energy Technology Data Exchange (ETDEWEB)

Osipov, D V [Steklov Mathematical Institute of the Russian Academy of Sciences (Russian Federation)

2013-12-31

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.

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

International Nuclear Information System (INIS)

Osipov, D V

2013-01-01

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

Case law and administrative decisions

International Nuclear Information System (INIS)

2003-01-01

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.)

Case law

International Nuclear Information System (INIS)

2015-01-01

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

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…

[Medical Devices Law for pain therapists].

Science.gov (United States)

Regner, M; Sabatowski, R

2016-08-01

Medical Devices Law is a relatively new legal system, which has replaced the Medical Devices Regulations still well-known in Germany. German Medical Devices Law is based on European directives, which are, in turn, incorporated into national law by the Medical Devices Act. The Medical Devices Act is a framework law and covers a number of regulations that address specific topics within Medical Devices Law. In turn, in individual regulations, reference is made to guidelines, recommendations, etc. from other sources that provide detailed technical information on specific topics. Medical Devices Law is a very complex legal system, which needs to be permanently observed due to constant updating and adjustment. In the current article, the design and the structure of the system will be described, but special emphasis will be laid on important problem areas that need to be considered when applying and operating medical products, in this case by pain therapists in particular.

Exploring Faraday's Law of Electrolysis Using Zinc-Air Batteries with Current Regulative Diodes

Science.gov (United States)

Kamata, Masahiro; Paku, Miei

2007-01-01

Current regulative diodes (CRDs) are applied to develop new educational experiments on Faraday's law by using a zinc-air battery (PR2330) and a resistor to discharge it. The results concluded that the combination of zinc-air batteries and the CRD array is simpler, less expensive, and quantitative and gives accurate data.

Right to decide and self-determination in the Catalan case. Analysis and reflection according to the Spanish Constitutional Law

OpenAIRE

Gina Marietta OLCESE SCHENONE

2015-01-01

The paper analyzes the issue of the right to decide and self-determination in the current case of Catalonia from a legal point of view and within the Spanish constitutional framework. In particular, this analysis explores three aspects: a) The right to self-determination, general aspects and the Spanish Constitution; b) The right to decide as a regional consultation or referendum under Spanish law; c) Initiative of constitutional reform as a possible way to deal with the separatist aspiration...

[Animal Health Law-- the National Animal Health Act and the European Animal Health Law].

Science.gov (United States)

Bätza, Hans-Joachim; Mettenleiter, Thomas

2013-01-01

The Animal Health Act that replaces the Animal Disease Act, which is currently in force, creates a regulatory framework in order to not only, as has been the case so far, control animal diseases that had already broken out, but in order to already prevent in advance possible outbreaks of animal diseases by means of preventive measures. The instruments to this effect are described here. At European level, too, the idea of prevention is set to play a greater role in the future, with the draft EU legal instrument on animal health, that has to date only been discussed at Commission level, also contributing to a simplification and easier implementation by the persons subject to law by harmonising the currently fragmented Community law. It remains to be seen when the deliberations in the Council and European Parliament will begin.

Students with Prader-Willi Syndrome: Case Law under the IDEA

Science.gov (United States)

Zirkel, Perry A.

2017-01-01

Prader-Willi Syndrome (PWS) is one of the low-incidence physical disabilities that the literature has not addressed in relation to the Individuals with Disabilities Education Act and its case law applications. To help fill the gap, this relatively brief article provides (a) an introduction of PWS from legal sources; (b) an overview of the IDEA,…

Environmental laws in Pakistan with case la w analysis

International Nuclear Information System (INIS)

Khan, M.S.

2005-01-01

Laws of Nature should be respected in the interest of the human race. It is very hard to go against them. Doing so will only result in the subsequent devastation of this earth and its inhabitants. The literal meaning of environment is 'life around us in which we all exist'. The word environment caught world attention after various protest and demonstrations by environmentalists' during the early 70s. Issues like Deforestation, Industrialization and Pollution in the urban cities of Pakistan are constantly increasing and are affecting the quality of life significantly. Increasing drudgeries regarding environmental issues have forced governing bodies and jurists to take some pragmatic action in the form of environmental laws. The legislature, executive and judiciary of Pakistan have yet not adequately and effectively realized this hard fact. It is also aggravating that the courts of law are reluctant to take a stand on this hard-core issue of environmental protection and preservation. The era from 1983 to 1997 appears to be the period of heightened environmental awareness in Pakistan. The very first Environmental Protection Ordinance 1983 was promulgated in this period, which laid the foundation stone of a new environmental legal system for Pakistan. A campaign started which worked hard for the enactment of Environmental Protection Act, 1997. This Act is not the last step but the best prevailing and available remedy for environment control in Pakistan. This research paper aims to analyze the development of environmental laws in Pakistan, important environmental statutes enacted in Pakistan, implementation and enforcement mechanisms contained in the Pakistan Environmental Protection Act, 1997, environmental treaties effective for Pakistan, public interest litigation, judicial activism, conclusions and suggestions. Specific emphasis will be on case law and the interpretation of environmental issues by the Pakistani Courts. In the end the repercussions of environment

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

Directory of Open Access Journals (Sweden)

MARIUS VACARELU

2012-05-01

Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

Discrimination in Public Employment: The Evolving Law.

Science.gov (United States)

McCarthy, Martha M.

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

Federal wetlands law: the cases and the problems

Energy Technology Data Exchange (ETDEWEB)

Want, W.L.

1984-01-01

Like environmental statutes generally, wetlands laws have engendered much litigation, accompanied by the judicial establishment of general legal doctrine. The Supreme Court has ruled on questions of taking and private rights of action. Lower courts have decided issues of strict liability, estoppel, ripeness, injunction requirements, and hearing rights. This article surveys federal wetlands cases, presenting the issues litigated and the principles established. The author concludes with the hope that the administration's and environmentalists' disagreement on whether wetlands regulation is excessive will not end in a sacrifice of this important resource. 487 references.

A case law review of the individuals with disabilities education act for children with hearing loss or auditory processing disorders.

Science.gov (United States)

Kreisman, Brian M; John, Andrew B

2010-01-01

In 1975, Congress passed the Education for All Handicapped Children Act (Public Law 94-142), and it has been revised and modified several times. At the time of this writing, this law was most recently amended by the Individuals with Disabilities Education Improvement Act (Pub. L. No. 108-446, 118 Stat. 2647, December 3, 2004), which took effect on July 1, 2005. Colloquially the law is still referred to as the Individuals with Disabilities Education Act (IDEA). Children with hearing loss or auditory processing disorder (APD) may qualify for services under IDEA. However, a review of the literature found no review of case law for such children. This article provides a comprehensive review of case law involving the IDEA and children with hearing loss or APD from the U.S. Supreme Court and U.S. courts of appeals. We conducted a systematic review of case law. A LexisNexis search for cases involving IDEA and children with hearing loss or APDs was conducted. For the purpose of the present case review, all appellate decisions (cases accepted by the U.S. courts of appeals or the U.S. Supreme Court) were included if they found that the child had hearing loss or APD, regardless of the reason for the appeal under IDEA. In the instance of multiple cases that involved the same two parties, these cases are summarized together to provide the legal context. Brief explanations of IDEA and the federal judicial process as it pertains to IDEA disputes are presented. Following these explanations, a chronological review of IDEA appellate cases concerning students with hearing loss or APD is provided. The IDEA cases reviewed focus on three main issues: placement of the child, methodology of teaching, and the provision of services. This case law review provides a helpful summary of higher court cases for educational audiologists and parents of children with hearing loss or APDs, as well as educators, individualized education program team members, school administrators, and legal

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.

Current questions concerning Space Law

International Nuclear Information System (INIS)

Courteix, Simone.

1978-01-01

This report covers in part the legal problems connected with the use of nuclear sources in space. These problems were highlighted by the accidental fall of the Soviet statellite Cosmos-954 in Canadian territory in January 1978. The author describes the status of international law on the subject, the work in the United Nations and discusses the measures to be taken to define a code of practice use of nuclear sources in space. (NEA) [fr

International Investment Law and EU Law

DEFF Research Database (Denmark)

regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

Homicide-suicide cases in Switzerland and their impact on the Swiss Weapon Law.

Science.gov (United States)

Grabherr, Silke; Johner, Stephan; Dilitz, Carine; Buck, Ursula; Killias, Martin; Mangin, Patrice; Plattner, Thomas

2010-12-01

Homicide followed by the suicide of the offender is a well-known phenomenon. In most cases, it takes place in the context of the so-called "family tragedies." A recent series of such family tragedies in Switzerland prompted an intensive debate in the media and the Swiss government concerning the Swiss Weapon Law, in particular the requirement to keep personal army weapons at home. The present study of Homicide-Suicide cases in Switzerland, thus focuses on the role played by guns, especially military weapons, in such crimes. We investigated retrospectively 75 cases of Homicide-Suicide, comprising 172 individuals and spanning a period of 23 years in western and central Switzerland. Our results show that if guns were used in 76% of the cases, army weapons were the cause of death in 25% of the total. In 28% of the deaths caused by a gunshot, the exact type of the gun and its origin could not be determined. Thus, the majority of Homicide-Suicide cases in Switzerland involve the use of guns. The exact percentage of cases were military weapons were involved could not be defined. In our opinion, a stricter weapons law, restricting access to firearms, would be a factor of prevention of Homicide- Suicide cases in Switzerland.

A qualitative analysis of student-written law and ethics cases: A snapshot of PY2 student experience.

Science.gov (United States)

Karwaki, Tanya E; Hazlet, Thomas K

2017-05-01

This study was designed to better understand pharmacy students' experiences and recognition of legal and ethical tensions existing in pharmacy practice as demonstrated in student-written law and ethics cases. A qualitative analysis of 132 student-written cases representing the team efforts of 1053 students over a 12-year time period was conducted. Student-written cases were coded and analyzed thematically. Our results demonstrate the types of ethical and legal issues our students have experienced in pharmacy practice during the first five quarters of their professional education. Our data highlight three themes: 1) ethical dilemmas presented when the law is misapplied; 2) ethical dilemmas presented when an institutional policy or law was viewed as insufficient; and 3) ethical dilemmas presented as provider distress. The third theme was further subdivided into five subthemes. The themes that emerged from this study represent some of the ethical dilemmas that second professional year students have encountered and how these dilemmas may intersect with legal boundaries. Educators can use cases demonstrating these themes to reinforce law and ethics education in the curriculum, thus helping prepare students for pharmacy practice. This article recommends how and when to use case examples. Copyright © 2017 Elsevier Inc. All rights reserved.

The balancing of interests in environmental-law in the case of public interest in the use of renewable energies

International Nuclear Information System (INIS)

Unterpertinger, L.

2015-01-01

This study examines the conflict between the public interests in the use of renewable energy on the one hand and environmental protection on the other hand. Considering the current legal situation, the first part of the thesis elaborates on what theses concrete public interests are, and how they are regulated by law. Likewise, it shall be asked to what extent the legislator defines overriding public interests, and its impact on balance of interests. The second part focuses on balance of interests from an administrative law perspective. It overviews the current debates on whether balance of interests is meant to have discretion. In this context, the recent establishment of a two-level administrative jurisdiction has posed new questions. It is, therefore, necessary to conduct a profound analysis of the administrative control. With reference to the case law of the Administrative Court, it will also be shown that balance of interests is based on a proportional assessment. Moreover, with respect to the administrative procedures for hydropower projects, there is a relevant provision in the Austrian Water Act, which has specific characteristics, yet was interpreted inconsistently up to this point. Thus, this provision will be examined in detail. The relevant administrative body does not only use legal provisions, but also criteria documents which are internal administrative regulations. Those documents will be further discussed as well. (author) [de

The challenges of statistical patterns of language: The case of Menzerath's law in genomes

Science.gov (United States)

Ferrer-I-Cancho, Ramon; Forns, Núria; Hernández-Fernández, Antoni; Bel-enguix, Gemma; Baixeries, Jaume

2013-01-01

The importance of statistical patterns of language has been debated over decades. Although Zipf's law is perhaps the most popular case, recently, Menzerath's law has begun to be involved. Menzerath's law manifests in language, music and genomes as a tendency of the mean size of the parts to decrease as the number of parts increases in many situations. This statistical regularity emerges also in the context of genomes, for instance, as a tendency of species with more chromosomes to have a smaller mean chromosome size. It has been argued that the instantiation of this law in genomes is not indicative of any parallel between language and genomes because (a) the law is inevitable and (b) non-coding DNA dominates genomes. Here mathematical, statistical and conceptual challenges of these criticisms are discussed. Two major conclusions are drawn: the law is not inevitable and languages also have a correlate of non-coding DNA. However, the wide range of manifestations of the law in and outside genomes suggests that the striking similarities between non-coding DNA and certain linguistics units could be anecdotal for understanding the recurrence of that statistical law.

Turbulence effect on Ohm's law in partially ionized plasmas

International Nuclear Information System (INIS)

Numano, M.

1977-01-01

An investigation of the effect of nonuniformity on electric current flow in partially ionized plasmas is made. An Ohm's law for a nonuniform plasma was derived, from which Rosa's equation is obtained as a special case. Making use of this new Ohm's law, the effective electrical conductivity and Hall coefficient are determined for isotropically turbulent plasmas. They are found to be in good agreement with the results obtained previously. (author)

Is Law science? | Roos | Potchefstroom Electronic Law Journal ...

African Journals Online (AJOL)

The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, ...

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

NARCIS (Netherlands)

I Antonaki (Ilektra)

2016-01-01

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

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

Directory of Open Access Journals (Sweden)

Dr.Sc. Bojan Tičar

2012-12-01

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

Medical innovation laws: an unnecessary innovation.

Science.gov (United States)

Richards, Bernadette

2016-06-01

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

Religious Values and Conflict of Laws

Directory of Open Access Journals (Sweden)

Sara Tonolo

2016-02-01

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

Is tax avoidance the theory of everything in tax Law? A terminological analysis of EU legislation and case law

NARCIS (Netherlands)

Öner, Cihat

The primary goal of this article is to analyze the use of the term ‘tax avoidance’ in the legislative framework and case law of the European Union to point out the absence of a common linguistic approach. The consequences derived from the terminological chaos will also be discussed; thus, the study

The law governing power generation and the atomic energy law in Japan, with special regard to the current situation in the energy sector

International Nuclear Information System (INIS)

Fujiwara, J.

1984-01-01

This contribution characterises Japanese legislation on power generation and supply, goes into detail with regard to the current Atomic Energy Law within the framework of the overall legal concept governing power supply, and presents an outlook on future developments. A table summarizes the main problems in this field. (orig./HSCH) [de

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)

Weber, D.

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

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

NARCIS (Netherlands)

Weber, D.

2013-01-01

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

Ethics On The Fly: Toward A Drone - Specific Code Of Conduct For Law Enforcement

Science.gov (United States)

2016-03-01

Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202- 4302, and to the Office of Management and Budget... documentary evidence of ethical frameworks for UAS currently in use by law enforcement. A comparative policy analysis is then performed to identify...Using the case study method, this thesis considered documentary evidence of ethical frameworks for UAS currently in use by law enforcement. A

Right to decide and self-determination in the Catalan case. Analysis and reflection according to the Spanish Constitutional Law

Directory of Open Access Journals (Sweden)

Gina Marietta OLCESE SCHENONE

2015-07-01

Full Text Available The paper analyzes the issue of the right to decide and self-determination in the current case of Catalonia from a legal point of view and within the Spanish constitutional framework. In particular, this analysis explores three aspects: a The right to self-determination, general aspects and the Spanish Constitution; b The right to decide as a regional consultation or referendum under Spanish law; c Initiative of constitutional reform as a possible way to deal with the separatist aspirations of Catalonia. 

JURIDICAL REGIME OF THE INTEREST IN THE ROMANIAN LAW. PARTICULAR CASE. COMPARISON BETWEEN THE REGULATIONS OF THE REMUNERATORY INTEREST VERSUS THE PENALIZING INTEREST, IN THE ROMANIAN BANKING LAW

Directory of Open Access Journals (Sweden)

Silvia Lucia Cristea

2015-11-01

Full Text Available The analysis of a case where the rate of the conventional interest is not specified made me investigate what is the maximal limit that can be obtained in this case, under the regulation in force, in the Romanian law (sect.1!To formulate a solution, I considered as necessary to analyze : the provision on the moratory damages (according to the Roman Civil Code and the putting of the debtor in default, in order to know what is the date starting from which the moratory damages are calculated (according to the Roman Civil Code-sect.2; the juridical regime of the interest (according to the Roman Bankin Law-sect.3;comparison between the remuneratory interest and the penalizing interest (according to the Roman Banking Law-sect.4;solution for the case and conclusions-sect. 5.

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...

Penitence in Terms of Tax Law and Criminal Law Norms: Problems-Approaches-Solution Proposal

Directory of Open Access Journals (Sweden)

Burçin BOZDOĞANOĞLU

2016-12-01

Full Text Available In our country, despite basis of statement is accepted, determination of reported basis of assessment could be done by tax audition. Located in Tax Law Article 371 penitence and rectification provides the ability to resolve disputes to taxpayer at the administrative stage providing certain conditions, on taxes based on declaration. According to Article 359 of Tax Law, based on the conditions mentioned in Article 371 of the law states with penitence about the status of the penitence to the relevant authorities it is started whether the application of criminal smuggling. So, “payment” condition in Article 371 which is currently taken a place among the conditions to benefit from located penitence institution and tax loss that prevents withdrawal penalty, the issue is not the punishment of trafficking in terms of the current is still in the case of a subject that cannot be agreed upon. However the fate of specified period of time for penitence institute existence of force majeure is controversial issue. In this context; the processing of tax evasion rather than tax loss without penitence institution evaluation of the implementation of equality in taxation. Results can occur within the framework of the provisions on the grounds penitence tax declarations which are not accepted for the reason of given without tax loss rather than a move to focus on the value of properties. In our study, these issues are evaluated, based on tax law and criminal law norms and offers opinions and suggestions for issues raised.

Electronic Mail, Privacy, and the Electronic Communications Privacy Act of 1986: Technology in Search of Law.

Science.gov (United States)

Samoriski, Jan H.; And Others

1996-01-01

Attempts to clarify the status of e-mail privacy under the Electronic Communications Privacy Act of 1986 (ECPA). Examines current law and the paucity of definitive case law. A review of cases and literature suggests there is a gap in the existing ECPA that allows for potentially abusive electronic monitoring and interception of e-mail,…

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.

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

2009-07-09

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.

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. © The Author(s) 2014.

LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

Directory of Open Access Journals (Sweden)

Emilian CIONGARU

2014-05-01

Full Text Available 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 with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

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…

Current in heavy-current planar diode with discrete emission surface

International Nuclear Information System (INIS)

Belomyttsev, S.Ya.; Korovin, S.D.; Pegel', I.V

1999-01-01

Dependence of current in a high-current planar diode on the size of emission centres was studied. Essential effect of emission surface microstructure on the current value in the planar diode was demonstrated. It was determined that if the distance between the emitter essentially exceeded their size then current dependence on the ratio of size to the value of the diode gap was an exponential function with 3/2 index. Current dependence on voltage obeyed the exponential law with 3/2 index up to higher voltage values in the planar diode with discrete emission surface in contrast to the case of a planar diode with homogeneous emission surface [ru

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

Science.gov (United States)

Buschauer, Robert

2013-01-01

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. Advanced texts often present it either without proof or as a special…

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.

EMTALA and patients with psychiatric emergencies: a review of relevant case law.

Science.gov (United States)

Lindor, Rachel A; Campbell, Ronna L; Pines, Jesse M; Melin, Gabrielle J; Schipper, Agnes M; Goyal, Deepi G; Sadosty, Annie T

2014-11-01

Emergency department (ED) care for patients with psychiatric complaints has become increasingly challenging given recent nationwide declines in available inpatient psychiatric beds. This creates pressure to manage psychiatric patients in the ED or as outpatients and may place providers and institutions at risk for liability under the Emergency Medical Treatment and Labor Act (EMTALA). We describe the patient characteristics, disposition, and legal outcomes of EMTALA cases involving patients with psychiatric complaints. Jury verdicts, settlements, and other litigation involving alleged EMTALA violations related to psychiatric patients between the law's enactment in 1986 and the end of 2012 were collected from 3 legal databases (Westlaw, Lexis, and Bloomberg Law). Details about the patient characteristics, disposition, and reasons for litigation were independently abstracted by 2 trained reviewers onto a standardized data form. Thirty-three relevant cases were identified. Two cases were decided in favor of the plaintiffs, 4 cases were settled, 10 cases had an unknown outcome, and 17 were decided in favor of the defendant institutions. Most patients in these 33 cases were men, had past psychiatric diagnoses, were not evaluated by a psychiatrist, and eventually committed or attempted suicide. The most frequently successful defense used by institutions was to demonstrate that their providers used a standard screening examination and did not detect an emergency medical condition that required stabilization. Lawsuits involving alleged EMTALA violations in the care of ED patients with psychiatric complaints are uncommon and rarely successful. Copyright © 2014 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

Law School Faculty Hiring under Title VII: How a Judge Might Decide a Disparate Impact Case.

Science.gov (United States)

Redlich, Norman

1991-01-01

A judicial opinion concerning law school violations of Title VII of the Civil Rights Act of 1964 in faculty hiring is presented. The case concerns a black candidate rejected for an entry-level tenure-track position. Issues cited include the law school's mission and stated reasons for not hiring the candidate. (MSE)

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

OpenAIRE

Harvey Gresham Hudspeth

2006-01-01

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

Teaching Voltage-Current Relationships without Ohm's Law.

Science.gov (United States)

McIldowie, Eric

1998-01-01

Outlines a course based on a series of experiments in which students are introduced to the behavior of electrical components without any references to Ohm's law. Argues that this approach has advantages over the traditional presentation. (DDR)

Law enforcement duties and sudden cardiac death among police officers in United States: case distribution study.

Science.gov (United States)

Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J; Kales, Stefanos N

2014-11-18

To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Case distribution study (case series with survey information on referent exposures). United States law enforcement. Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. © Varvarigou et al 2014.

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. Copyright 2009 Elsevier Ltd and Faculty of Forensic and Legal Medicine. Published by Elsevier Ltd. All rights reserved.

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.

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 juvenile prostitution cases, Internet juvenile prostitution cases involved younger juveniles and police were more likely to treat juveniles as victims rather than offenders. In addition, these cases were significantly more likely to involve a family or acquaintance exploiter. This analysis suggests that the role of the Internet may impact legal and social service response to juveniles involved in prostitution. In addition, it highlights the need for interventions that acknowledge the vulnerabilities of youth involved in this type of commercial sexual exploitation.

Quantum-mechanical generalization of the Biot-Savart law

International Nuclear Information System (INIS)

Fassio-Canuto, L.

1978-01-01

The complex geometrical considerations involved in deriving the magnetic field due to a current of assigned geometry can be considerably simplified and, therefore, generalized if one employs the field-theoretical relation between the field Asub(μ) and the current jsub(μ). In the general case of a current with helicoidal structure, the magnetic field can be found for any point of space. The particular cases of the loop, the solenoid and the straight wire are then easily derived. The rationale for wanting to generalize the classical Biot-Savart law to include quantum-mechanical effects is discussed in the light of a more general program intended to study the origin of magnetic fields in collapsed objects. (author)

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

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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.

Converging cylindrical magnetohydrodynamic shock collapse onto a power-law-varying line current

KAUST Repository

Mostert, W.

2016-03-16

We investigate the convergence behaviour of a cylindrical, fast magnetohydrodynamic (MHD) shock wave in a neutrally ionized gas collapsing onto an axial line current that generates a power law in time, azimuthal magnetic field. The analysis is done within the framework of a modified version of ideal MHD for an inviscid, non-dissipative, neutrally ionized compressible gas. The time variation of the magnetic field is tuned such that it approaches zero at the instant that the shock reaches the axis. This configuration is motivated by the desire to produce a finite magnetic field at finite shock radius but a singular gas pressure and temperature at the instant of shock impact. Our main focus is on the variation with shock radius, as, of the shock Mach number and pressure behind the shock as a function of the magnetic field power-law exponent, where gives a constant-in-time line current. The flow problem is first formulated using an extension of geometrical shock dynamics (GSD) into the time domain to take account of the time-varying conditions ahead of the converging shock, coupled with appropriate shock-jump conditions for a fast, symmetric MHD shock. This provides a pair of ordinary differential equations describing both and the time evolution on the shock, as a function of, constrained by a collapse condition required to achieve tuned shock convergence. Asymptotic, analytical results for and are obtained over a range of for general, and for both small and large . In addition, numerical solutions of the GSD equations are performed over a large range of, for selected parameters using . The accuracy of the GSD model is verified for some cases using direct numerical solution of the full, radially symmetric MHD equations using a shock-capturing method. For the GSD solutions, it is found that the physical character of the shock convergence to the axis is a strong function of . For μ≤0.816, and both approach unity at shock impact owing to the dominance of the strong

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

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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.

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

Directory of Open Access Journals (Sweden)

Harvey Gresham Hudspeth

2006-01-01

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

[Recent case law about the right to die].

Science.gov (United States)

Bascuñán R, Antonio

2016-04-01

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

A Descriptive Analysis of Tactical Casualty Care Interventions Performed by Law Enforcement Personnel in the State of Wisconsin, 2010-2015.

Science.gov (United States)

Stiles, Chad M; Cook, Christopher; Sztajnkrycer, Matthew D

2017-06-01

Introduction Based upon military experience, law enforcement has developed guidelines for medical care during high-threat conditions. The purpose of the current study was to provide a descriptive analysis of reported outcomes of law enforcement medical interventions. This was a descriptive analysis of a convenience sample of cases submitted to the Wisconsin Tactical Medicine Initiative (Wisconsin USA), after the provision of successful patient care, between January 2010 and December 2015. The study was reviewed by the Mayo Foundation Institutional Review Board (Rochester, Minnesota USA) and deemed exempt. Nineteen agencies submitted information during the study period. Of the 56 episodes of care reported, four (7.1%) cases involved care provided to injured officers while 52 (92.9%) involved care to injured civilians, including suspects. In at least two cases, on-going threats existed during the provision of medical care to an injured civilian. Law enforcement rendered care prior to Emergency Medical Services (EMS) arrival in all but two cases. The current case series demonstrates the life-saving potential for law enforcement personnel trained and equipped under current Tactical Combat Casualty Care (TCCC)/ Committee on Tactical Emergency Casualty Care (C-TECC) tactical casualty care guidelines. Although originally developed to save the lives of wounded combat personnel, in the civilian sector, the training appears more likely to save victims rather than law enforcement personnel. Stiles CM , Cook C , Sztajnkrycer MD . A descriptive analysis of tactical casualty care interventions performed by law enforcement personnel in the State of Wisconsin, 2010-2015. Prehosp Disaster Med. 2017;32(3):284-288.

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

Science.gov (United States)

Patterson, John C.

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

Smeed's law and expected road fatality reduction: An assessment of the Italian case.

Science.gov (United States)

Persia, Luca; Gigli, Roberto; Usami, Davide Shingo

2015-12-01

Smeed's law defines the functional relationship existing between the fatality rate and the motorization rate.While focusing on the Italian case and based on the Smeed's law, the study assesses the possibility for Italy of reaching the target of halving the number of road fatalities by 2020, in light of the evolving socioeconomic situation. A Smeed's model has been calibrated based on the recorded Italian data. The evolution of the two indicators, fatality and motorization rates, has been estimated using the predictions of the main parameters (population, fleet size and fatalities). Those trends have been compared with the natural decreasing trend derived from the Smeed's law. Nine scenarios have been developed showing the relationship between the fatality rate and the motorization rate. In case of a limited increase (logistic regression) of the vehicle fleet and according to the estimated evolution of the population, the path defined by motorization and fatality rate is very steep, diverging from the estimated confidence interval of the Smeed's model. In these scenarios the motorization rate is almost constant during the decade. In the actual economic context, a limited development of the vehicle fleet is more plausible. In these conditions the target achievement of halving the number of fatalities in Italy may occur only in case of a structural break (i.e., the introduction of highly effective road safety policies). Practical application: The proposed tools can be used both to evaluate retrospectively the effectiveness of road safety improvements and to assess if a relevant effort is needed to reach the established road safety targets.

Mizan Law Review: Submissions

African Journals Online (AJOL)

Author Guidelines. SUBMISSION GUIDELINES The following submissions are acceptable for publication upon approval by the Editorial Board. Publication of an ... and development of laws; Comments: Case comments that highlight and analyze issues, laws and their interpretation and application in case decisions or fact ...

A Pluralist Approach to the Law of International Sales

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Juana Coetzee

2017-03-01

Full Text Available International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG. However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because there are gaps in the CISG the Swiss government has made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of resistance are setting in against further harmonisation. The Proposal for a Common European Sales Law (CESL was recently withdrawn, and now Britain has voted to leave the European Union. Rumour has it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.

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

NARCIS (Netherlands)

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

2016-01-01

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

PTSD as a criminal defense: a review of case law.

Science.gov (United States)

Berger, Omri; McNiel, Dale E; Binder, Renée L

2012-01-01

Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

Interpretation of 'Unnatural death' in coronial law: A review of the English legal process of decision making, statutory interpretation, and case law: The implications for medical cases and coronial consistency.

Science.gov (United States)

Harris, Andrew; Walker, Andrew

2018-04-23

The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.

The immunity of states and their officials in international criminal law and international human rights law

NARCIS (Netherlands)

van Alebeek, R.

2008-01-01

* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

The making of nursing practice law in Lebanon: a policy analysis case study.

Science.gov (United States)

El-Jardali, Fadi; Hammoud, Rawan; Younan, Lina; Nuwayhid, Helen Samaha; Abdallah, Nadine; Alameddine, Mohammad; Bou-Karroum, Lama; Salman, Lana

2014-09-05

Evidence-informed decisions can strengthen health systems, improve health, and reduce health inequities. Despite the Beijing, Montreux, and Bamako calls for action, literature shows that research evidence is underemployed in policymaking, especially in the East Mediterranean region (EMR). Selecting the draft nursing practice law as a case study, this policy analysis exercise aims at generating in-depth insights on the public policymaking process, identifying the factors that influence policymaking and assessing to what extent evidence is used in this process. This study utilized a qualitative research design using a case study approach and was conducted in two phases: data collection and analysis, and validation. In the first phase, data was collected through key informant interviews that covered 17 stakeholders. In the second phase, a panel discussion was organized to validate the findings, identify any gaps, and gain insights and feedback of the panelists. Thematic analysis was conducted and guided by the Walt & Gilson's "Policy Triangle Framework" as themes were categorized into content, actors, process, and context. Findings shed light on the complex nature of health policymaking and the unstructured approach of decision making. This study uncovered the barriers that hindered the progress of the draft nursing law and the main barriers against the use of evidence in policymaking. Findings also uncovered the risk involved in the use of international recommendations without the involvement of stakeholders and without accounting for contextual factors and implementation barriers. Findings were interpreted within the context of the Lebanese political environment and the power play between stakeholders, taking into account equity considerations. This policy analysis exercise presents findings that are helpful for policymakers and all other stakeholders and can feed into revising the draft nursing law to reach an effective alternative that is feasible in Lebanon. Our

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

Science.gov (United States)

Dagher, Zoubeida R.

2014-01-01

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

Myths and stereotypes about adat law: A reassessment of Van Vollenhoven in the light of current struggles over adat law in Indonesia

Directory of Open Access Journals (Sweden)

Keebet von Benda-Beckmann

2011-09-01

Full Text Available Recent analyses of the ‘revitalisation of tradition’ have rekindled earlier discussions of the ‘creation of customary law’ in colonial states. For Indonesia, critics have deconstructed a ‘myth of adat’, arguing that adat law was an invention of the adat law scholar Van Vollenhoven and his followers. The assessment of that period also shapes interpretations of developments in Indonesia after 1998. The purpose of this paper is to demonstrate that in some respects the critique of colonial scholarship was misconceived, and that these misconceptions hamper a proper understanding of the current revitalisation of adat in Indonesia. Many interpretations of colonial legal science and practice have become anachronistic and stereotypical. We argue that most interpretations were and are largely based on a legalistic conception of ‘law’ and ‘customary law’, that authors selectively generalise interpretations from specific contexts, and that they do not take into account what such interpretations say over legal realities beyond these contexts. Lastly we think that the target of the critique is somewhat misconceived as it is directed at those scholars who were aware of the danger of legal ethnocentrism and criticised it, while not looking at those colonial scholars and courts, who grossly misinterpreted local normative systems in terms of Dutch legal categories. We argue that some assumptions and propositions of these earlier and contemporary critical deconstructions are in need of re-evaluation. Given its presence in current analyses, reconsidering Van Vollenhoven and his followers is more than a return to a history long gone by. We substantiate our propositions with a discussion of the history of the village commons, ulayat, in West Sumatra, which has always been a central illustration in all discussions of adat law.

Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?
A Comparison of Legal Contexts and some Case Law of the EU and the ECHR

Directory of Open Access Journals (Sweden)

Susanne D. Burri

2013-01-01

Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.

Building on mental health training for law enforcement: strengthening community partnerships.

Science.gov (United States)

Campbell, Jorien; Ahalt, Cyrus; Hagar, Randall; Arroyo, William

2017-09-11

Purpose The purpose of this paper is to describe the current state of law enforcement training related to the high number of interactions with persons with mental illness, and to recommend next steps in preparing law enforcement to effectively meet this challenge. Design/methodology/approach The authors reviewed the current literature on relevant law enforcement training programs, focusing primarily on crisis intervention team (CIT) training, and used the case example of California to identify opportunities to improve and enhance law enforcement preparedness for the challenge of responding to persons with mental illness. Findings Broad-based community partnerships working together to develop programs that meet the local needs of both those with mental illness and law enforcement, the availability of mental health treatment centers with no-refusal policies, and a coordinating person or agency to effectively liaise among stakeholders are critical enhancements to CIT training. Originality/value As increasing attention is paid to adverse interactions between police and vulnerable populations, this paper identifies policies that would build on existing training programs to improve police responses to persons with mental illness.

The importance of decolonizing International Human Rights Law: The prior consultation in Colombia case

Directory of Open Access Journals (Sweden)

Jimena Sierra-Camargo

2017-08-01

Full Text Available Prior consultation has been recognized as one of the most emancipatory instruments within the framework of international human rights law, which currently allows indigenous peoples and ethnic communities defend their territories. Nevertheless, in some cases the prior consultation has had an ambivalent use by other agents who have used this instrument for different purposes than those stated in ILO Convention 169 and that have caused serious damages on these groups. In this sense, the main purpose of this article is to question the ambivalent use of prior consultation in Colombia from the perspective of ‘decolonial thinking’, and in particular, from the notion of ‘coloniality’. I argue that the problem of the restrictions and limitations of the prior consultation described in this article is due to the colonial bias of this instrument, which in turn is embedded in a liberal rationality.

U.S. Case Law and Legal Precedent Affirming the Due Process Rights of Immigrants Fleeing Persecution.

Science.gov (United States)

Sidhu, Shawn S; Boodoo, Ramnarine

2017-09-01

The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases. We review the 1951 Convention Related to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees and examine subsequent case law and legal precedent. We then present evidence documenting widespread violations of due process rights for immigrants fleeing persecution. Specifically, we address the right to a fair hearing for individuals fearing for their lives upon return to their home country, the right against wrongful detainment, and the right to apply for asylum regardless of religion or country of origin. We conclude by addressing potential counterarguments to our thesis, future directions, and the role of forensic psychiatrists. © 2017 American Academy of Psychiatry and the Law.

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

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

Decision-Making Capacity and Unusual Beliefs: Two Contentious Cases : Australasian Association of Bioethics and Health Law John McPhee (Law) Student Essay Prize 2016.

Science.gov (United States)

Hyslop, Brent

2017-09-01

Decision-making capacity is a vital concept in law, ethics, and clinical practice. Two legal cases where capacity literally had life and death significance are NHS Trust v Ms T [2004] and Kings College Hospital v C [2015]. These cases share another feature: unusual beliefs. This essay will critically assess the concept of capacity, particularly in relation to the unusual beliefs in these cases. Firstly, the interface between capacity and unusual beliefs will be examined. This will show that the "using and weighing of information" is the pivotal element in assessment. Next, this essay will explore the relationship between capacity assessment and a decision's "rationality." Then, in light of these findings, the essay will appraise the judgments in NHS v T and Kings v C, and consider these judgments' implications. More broadly, this essay asks: Does capacity assessment examine only the decision-making process (as the law states), or is it also influenced by a decision's rationality? If influenced by rationality, capacity assessment has the potential to become "a search and disable policy aimed at those who are differently orientated in the human life-world" (Gillett 2012, 233). In contentious cases like these, this potential deserves attention.

The need for drugged driving per se laws: a commentary.

Science.gov (United States)

DuPont, Robert L; Voas, Robert B; Walsh, J Michael; Shea, Corinne; Talpins, Stephen K; Neil, Mark M

2012-01-01

Triggered by the new federal commitment announced by the Office of National Drug Control Policy (ONCDP) to encourage states to enact drugged driving per se laws, this article reviews the reasons to establish such laws and the issues that may arise when trying to enforce them. A review of the state of drunk driving per se laws and their implications for drugged driving is presented, with a review of impaired driving enforcement procedures and drug testing technology. Currently, enforcement of drugged driving laws is an adjunct to the enforcement of laws regarding alcohol impairment. Drivers are apprehended when showing signs of alcohol intoxication and only in the relatively few cases where the blood alcohol concentration of the arrested driver does not account for the observed behavior is the possibility of drug impairment pursued. In most states, the term impaired driving covers both alcohol and drug impairment; thus, driver conviction records may not distinguish between the two different sources of impairment. As a result, enforcement statistics do not reflect the prevalence of drugged driving. Based on the analysis presented, this article recommends a number of steps that can be taken to evaluate current drugged driving enforcement procedures and to move toward the enactment of drug per se laws.

Extended constitutive laws for lamellar phases

Directory of Open Access Journals (Sweden)

Chi-Deuk Yoo

2013-10-01

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

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

Science.gov (United States)

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

2015-01-01

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

Instructional Support for Novice Law Students: Reducing Search Processes and Explaining Concepts in Cases

NARCIS (Netherlands)

Nievelstein, Fleurie; Van Gog, Tamara; Van Dijck, Gijs; Boshuizen, Els

2010-01-01

Nievelstein, F., Van Gog, T., Van Dijck, C., & Boshuizen, H. P. A. (2011). Instructional support for novice law students: Reducing search processes and explaining concepts in cases. Applied Cognitive Psychology, 25(3), 408-413. doi:10.1002/acp.1707

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

DEFF Research Database (Denmark)

Birkeland, Søren

for instigating MR is dangerous patient behavior and research has suggested that many MR episodes result from experienced violence or threat of violence by staff these aspects attract special attention. This study analyzes the role of threat, violence, and contextual characteristics in MR lawsuits. Methodology......: In Denmark a Psychiatric Complaint Board considers patients’ complaints about compliance with law. The Board annually makes public a selection of case decisions. A case law review was carried out on all publicly available lawsuits concerning MR completed by the Board during the years 2007-2014 with focus.......g. psychological) or aggressive behavior was described (e.g. humiliating remarks). In 52 cases (32%) there was information that belt fixation had been supplemented with arm or leg fixation. MR was concluded illegal in 124 (76%) of cases and in 33 cases (20%) the duration of MR use was concluded illegal. Among...

Private Arbitration of Incidental Public Law Issues

DEFF Research Database (Denmark)

Werlauff, Erik

2009-01-01

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

Behaviour Guides and Law. Research Perspectives on the (InFormal and its Currently Shifting Foundations

Directory of Open Access Journals (Sweden)

Karin Harrasser / Elisabeth Timm

2010-08-01

Full Text Available The juridification of social life in the modern bourgeois world was long understood as a triumph of rationality over particular interests, as the “civilisation” of physical violence. For some time now, this grand narrative of the modern world has been criticized as a specific historical case, as Eurocentric and bourgeois. Additionally, the concept and practice of modern, national sovereign statehood is being challenged in many ways. Individuals are also experiencing an unbounding of their “sovereignty”. The article sums up different disciplines’ research into the fields of behaviour guides and law. In doing so, it sketches out research perspectives intended to transcend the either-or dichotomy of the previous debates (ethics / particular / informal / personal / emotional-cultural vs. law / universal / formal / institutional and envisions new analytical assessments of these two poles.

Sleep-related automatism and the law.

Science.gov (United States)

Ebrahim, Irshaad Osman; Fenwick, Peter

2008-04-01

Crimes carried out during or arising from sleep highlight many difficulties with our current law and forensic sleep medicine clinical practice. There is a need for clarity in the law and agreement between experts on a standardised form of assessment and diagnosis in these challenging cases. We suggest that the time has come for a standardised, internationally recognised diagnostic protocol to be set as a minimum standard in all cases of suspected sleep-related forensic cases. The protocol of a full medical history, sleep history, psychiatric history, neuropsychiatric and psychometric examination and electroencephalography (EEG), should be routine. It should now be mandatory to carry out routine polysomnography (PSG) to establish the presence of precipitating and modulating factors. Sleepwalking is classified as insane automatism in England and Wales and sudden arousal from sleep in a non-sleepwalker as sane automatism. The recent case in England of R v. Lowe (2005) highlights these anomalies. Moreover, the word insanity stigmatises sleepwalkers and should be dropped. The simplest solution to these problems would be for the law to be changed so that there is only one category of defence for all sleep-related offences--not guilty by reason of sleep disorder. This was rejected by the House of Lords for cases of automatism due to epilepsy, and is likely to be rejected for sleepwalkers. Removing the categories of automatism (sane or insane) would be the best solution. Risk assessment is already standard practice in the UK and follow up, subsequent to disposal, by approved specialists should become part of the sentencing process. This will provide support for the defendant and protection of the public.

Changing Law and Ownership Patterns in Germany

DEFF Research Database (Denmark)

Ringe, Wolf-Georg

: German banks divested their equity stakes mainly as a consequence of increased international competition. The paper extends the model of market-led change by two important observations: first, market pressure is not the only driver of legal change, but the law itself in this case contributed...... to facilitating competition. Notably, a taxation law reform enabled and accelerated the competition process already underway. Legal rules and market competition may thus be understood as not operating in isolation, but as forces that can be working in dialog. Secondly, the paper highlights the importance......German corporate governance and corporate law are currently undergoing a major change. The old “Deutschland AG”, a nationwide network of firms, banks, and directors, is eroding, ownership is diffusing and the shareholder body is becoming more international than ever. This paper presents new data...

Advance directives for euthanasia in dementia: do law-based opportunities lead to more euthanasia?

NARCIS (Netherlands)

de Boer, M.E.; Dröes, R.M.; Jonker, C.; Eefsting, J.A.; Hertogh, C.M.P.M.

2010-01-01

Objective: To obtain insight into current practices regarding compliance with advance directives for euthanasia (ADEs) in cases of incompetent patients with dementia in Dutch nursing homes, in light of the legal possibility offered by the new euthanasia law to perform euthanasia in these cases.

Concretization of rules of law in the field of environmental law

International Nuclear Information System (INIS)

Kunert, F.J.

1989-01-01

The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de

Nanoelectronics «bottom – up»: current generation, generalized Ohm’s law, elastic resistors, conductivity modes, thermoelectricity

Directory of Open Access Journals (Sweden)

Юрій Олексійович Кругляк

2015-07-01

Full Text Available General questions of electronic conductivity, current generation with the use of electrochemical potentials and Fermi functions, elastic resistor model, ballistic and diffusion transport, conductivity modes, n- and p-conductors and graphene, formulation of the generalized Ohm’s law, thermoelectric phenomena of Seebeck and Peltier, quality indicators and thermoelectric optimization, ballistic and diffusive phonon heat current are discussed in the frame of the «bottom – up» approach of modern nanoelectronics

Law Commissions – What is the essence of their law reform role?

Directory of Open Access Journals (Sweden)

Neil Faris

2014-10-01

Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.

Case law

International Nuclear Information System (INIS)

Anon.

2000-01-01

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.)

Thin tube testing by eddy currents

International Nuclear Information System (INIS)

David, Bernard; Pigeon, Michel

1981-01-01

It is often necessary to define test conditions in eddy current testing, in consequence rules and laws allowing a rapid choice of these conditions are welcome. The similarity law, given by Forster, using the reduced frequency f/fg, allows extrapolation of results from an object to one another, if these two objects are similar (i.e. all their dimensions are proportional). In a particular case, often met, a law going further is given to describe, in a sole way, eddy current behaviour using the reduced frequency in all thin tubes (internal to external diameter ratio between 0.85 to 1). For instance working at f/fe=2 defines the same verification leading to identical results, whatever the nature, the diameter or the thickness may be, if the tubes are thin. A diagram is given and a slide-rule, based on this principle, has been realized [fr

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.

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.

Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy.

Science.gov (United States)

Waxman, Michael P.

2001-01-01

Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…

Infectious disease-related laws: prevention and control measures

Directory of Open Access Journals (Sweden)

Mijeong Park

2017-07-01

Full Text Available OBJECTIVES This study examines recently revised Korean government legislation addressing global infectious disease control for public health emergency situations, with the aim of proposing more rational, effective and realistic interpretations and applications for improvement of law. METHODS The Korea reported its first laboratory-confirmed case of Middle East Respiratory Syndrome (MERS coronavirus on May 20, 2015. Since the first indexed case, Korean public health authorities enforced many public health measures that were not authorized in the law; the scope of the current law was too limited to cover MERS. Korea has three levels of government: the central government, special self-governing provinces, and si/gun/gu. Unfortunately, the Infectious Disease Control and Prevention Act does not designate the specific roles of each level of government, and does not state how these governmental branches should be vertically integrated in a state of emergency. RESULTS When thinking about these policy questions, we should be especially concerned about introducing a new act that deals with all matters relevant to emerging infectious diseases. The aim would be to develop a structure that specifies the roles of each level of government, and facilitates the close collaboration among them, then enacting this in law for the prevention and response of infectious disease. CONCLUSIONS To address this problem, after analyzing the national healthcare infrastructure along with the characteristics of emerging infectious diseases, we propose the revision of the relevant law(s in terms of governance aspects, emergency medical countermeasure aspects, and the human rights aspect.

Generalization of the Child-Langmuir law for nonzero injection velocities in a planar diode

International Nuclear Information System (INIS)

Puri, R.R.; Biswas, Debabrata; Kumar, Raghwendra

2004-01-01

The Child-Langmuir law relates the voltage applied across a planar diode to the saturation value J CL of current density that can be transmitted through it in case the injection velocity of electrons is zero. The Child-Langmuir current density J CL is, at the same time: (i) the maximum current density that can be transmitted through a planar diode, (ii) the current density below which the flow is steady and unidirectional in the long time limit, and (iii) the average transmitted current density for any value of injected current density above J CL . Existing generalizations of Child-Langmuir law to nonzero velocities of injection are based on the characteristics (i) and (ii) of J CL . This paper generalizes the law to nonzero velocities of injection based on the characteristic (iii) by deriving an analytical expression for the saturation value of current density. The analytical expression for the saturation current density is found to be well supported by numerical computations. A reason behind preferring the saturation property of the Child-Langmuir current density as the basis for its generalization is the importance of that property in numerical simulations of high current diode devices

Developing a normative critique of international trade law: special & differential treatment

OpenAIRE

Garcia, Frank J.

2007-01-01

Although the problem of trade and inequality is central to the resolution of the WTO Doha Round and to contemporary trade policy in general, it is currently undertheorized from a normative perspective. In this paper I develop a normative critique of WTO special and differential treatment law, as a case study of how normative political theory can be applied to international economic law. Using Rawls' theory of Justice as Fairness, I argue both that special and differential treatment can play a...

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

Directory of Open Access Journals (Sweden)

Jet Tigchelaar

2016-07-01

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

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

NARCIS (Netherlands)

Lavrijssen, S.A.C.M.

2013-01-01

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

Abortion in the light of case-law of the European Court of Human Rights

OpenAIRE

Koubková, Iveta

2012-01-01

Thesis: Abortion in the light of case law of European Court of Human Rights This thesis focuses on the legal regulation of abortion in selected European countries in order to find single European standard. It concentrates primarily on issues of assessing violations of particular articles of the Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights or former European Commission of Human Rights in relation to specific cases associated with abortion. Abortion ...

Constitutional law and international law at the turn of the century

Directory of Open Access Journals (Sweden)

JA Frowein

1998-11-01

Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been

Model(ing) Law

DEFF Research Database (Denmark)

Carlson, Kerstin

The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...

Combining Benford's Law and machine learning to detect money laundering. An actual Spanish court case.

Science.gov (United States)

Badal-Valero, Elena; Alvarez-Jareño, José A; Pavía, Jose M

2018-01-01

This paper is based on the analysis of the database of operations from a macro-case on money laundering orchestrated between a core company and a group of its suppliers, 26 of which had already been identified by the police as fraudulent companies. In the face of a well-founded suspicion that more companies have perpetrated criminal acts and in order to make better use of what are very limited police resources, we aim to construct a tool to detect money laundering criminals. We combine Benford's Law and machine learning algorithms (logistic regression, decision trees, neural networks, and random forests) to find patterns of money laundering criminals in the context of a real Spanish court case. After mapping each supplier's set of accounting data into a 21-dimensional space using Benford's Law and applying machine learning algorithms, additional companies that could merit further scrutiny are flagged up. A new tool to detect money laundering criminals is proposed in this paper. The tool is tested in the context of a real case. Copyright © 2017 Elsevier B.V. All rights reserved.

First detection of global dawn-dusk ionospheric current intensities using Ampere's integral law on Orsted orbits

DEFF Research Database (Denmark)

Stauning, P.; Primdahl, Fritz

2000-01-01

-to-dusk ionospheric current is found to be proportional to the gee-effective solar wind electric field and is around 1 million ampere for a typical solar wind electric field of 2 mV/m. Dividing the Ampere integral into semi-orbit parts has enabled us to show that the hemispherical total current intensities depend......The magnetic measurements by the Orsted satellite in noon-midnight orbits have enabled the derivation of the global dawn-dusk oriented ionospheric currents from an Ampere's law closed loop line integral of the geomagnetic vector field along the satellite track. The globally integrated dawn...... on the respective polar cap conductivities, which relate to the daily and seasonally varying solar illumination. The more illuminated hemisphere conveys up to three times more current from dawn to dusk than does the less illuminated....

Safety philiosophies in technology-related law discussed for the example of atomic energy law

International Nuclear Information System (INIS)

Rossnagel, A.

1993-01-01

In practice, legal ruling and its technical implementation stand isolated side by side. Taking the example of atomic energy law, the reasons for this situation and the significance of the deficit in the legal control of technology are examined. It is discussed how the controlling capacity of the law can be increased through the legal implementation of safety philosophies for technology. The paper deals with the problematic realtionship between technical and legal norms, with safety philosophies in the sense of mental approaches, safety concepts or safety postulates and their legal significance, and with the safety philosophy adhered to by the authorities and courts. The following learning processes in safety philosophy are described: new concepts of protection within the field of determinism, probabilistic safety concepts as well as concepts for the reduction of damage potential. Altogether it can be stated that the safety philosophy currently adhered to in Federal German licensing practice is not the only possible one; rather, that there are many different ways of conceptualizing, stipulating and checking technical safety. At least in the field of atomic energy law, this insight has a twofold significance: de lege lata there are several ways of operationalizing the licence requirements laid down in Article 7 of the Atomic Energy Law and the legally defined requirements for a licence withdrawal with the aid of technical licensing criteria. In all cases the legal wording is indeterminate and does not prescribe any specific safety philosophy. De lege ferenda it must be noted that amendments to the Atomic Energy Law entail a regularization of safety philosophy. This is a political necessity if the Atomic Energy Law is to be developed further and thus maintained as a modern security law. (orig.) [de

Judges, commerce and contract law

OpenAIRE

Gava, John

2010-01-01

John Gava, Reader at Adelaide Law School, considers the question how should judges decide commercial cases, in particular, contract cases? He looks at the circumstances and impact of the use of contract law, with attention on common law contract and market needs. Published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, Un...

A Study of Second-Year Engineering Students' Alternative Conceptions about Electric Potential, Current Intensity and Ohm's Law

Science.gov (United States)

Periago, M. Cristina; Bohigas, Xavier

2005-01-01

The aim of this research was to evaluate and analyse second-year industrial engineering and chemical engineering students prior knowledge of conceptual aspects of "circuit theory". Specifically, we focused on the basic concepts of electric potential and current intensity and on the fundamental relationship between them as expressed by Ohm's law.…

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

Oromia Law Journal

African Journals Online (AJOL)

The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...

Law-making functions of the Chinese courts:Judicial activism in a country of rapid social changes

Institute of Scientific and Technical Information of China (English)

WANG Chenguang

2006-01-01

The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions.Despite of these differences,judges in both legal traditions in adjudicating cases have a common task,which is the application of legal rules to the facts of cases pending for judgments.The tension between the certainty and the "discretion" is universal for any legal system and,to a certain extent,it poses a hard dilemma for the rhetoric of rule of law.In the transitional countries such as China where rapid social changes and transformations take place,the judiciary and judges can not escape from taking more active roles in interpreting or even law making process.It arouses much controversy,particularly in continental legal traditions,for the judiciary is deemed to perform a mechanical role in adjudicating cases.This article intends to analyze the needs for judicial law.making function in China and its reasons.It reveals that judicial interpretation constitutes an important source of law despite its ambiguous legislative position.The article argues that judicial activism is inevitable against the transitional nature of current Chinese society.

Abuse of law in European tax law: an overview and some recent trends in the direct and indirect tax case law of the ECJ — part 2

OpenAIRE

Weber, Dennis

2013-01-01

This paper examines the right of the EU Member States to combat abuse, as defined in the case law of the European Court, 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 2 analyses, inter alia, how specific an anti-abuse provisions should be, the burden of proof, tax jurisdiction shopping and the consequences of abuse

Challenges imposed by International Environmental Law to Classical International Law

Directory of Open Access Journals (Sweden)

Fabian Augusto Cárdenas Castañeda

2010-05-01

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

Enjoying the Law

DEFF Research Database (Denmark)

Bjerre, Henrik Jøker

2005-01-01

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

Preliminary scaling laws for plasma current, ion kinetic temperature, and plasma number density in the NASA Lewis bumpy torus plasma

Science.gov (United States)

Roth, J. R.

1976-01-01

Parametric variation of independent variables which may affect the characteristics of bumpy torus plasma have identified those which have a significant effect on the plasma current, ion kinetic temperature, and plasma number density, and those which do not. Empirical power law correlations of the plasma current, and the ion kinetic temperature and number density were obtained as functions of potential applied to the midplane electrode rings, the background neutral gas pressure, and the magnetic field strength. Additional parameters studied included the type of gas, the polarity of the midplane electrode rings, the mode of plasma operation, and the method of measuring the plasma number density. No significant departures from the scaling laws appear to occur at the highest ion kinetic temperatures or number densities obtained to date.

The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems

Directory of Open Access Journals (Sweden)

Alfitri

2017-12-01

Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.

Turbulent current drive mechanisms

Science.gov (United States)

McDevitt, Christopher J.; Tang, Xian-Zhu; Guo, Zehua

2017-08-01

Mechanisms through which plasma microturbulence can drive a mean electron plasma current are derived. The efficiency through which these turbulent contributions can drive deviations from neoclassical predictions of the electron current profile is computed by employing a linearized Coulomb collision operator. It is found that a non-diffusive contribution to the electron momentum flux as well as an anomalous electron-ion momentum exchange term provide the most efficient means through which turbulence can modify the mean electron current for the cases considered. Such turbulent contributions appear as an effective EMF within Ohm's law and hence provide an ideal means for driving deviations from neoclassical predictions.

Children’s Protection in the Issue of Hadhanah Based on Islamic Family Law and The Law of Thailand

Directory of Open Access Journals (Sweden)

Rohanee Machae

2016-12-01

Full Text Available This paper analyses Children Protection in the Islamic Family Law of Southern Thailand and the Civil Law of Thailand. The common issue faced by the Court or the District Islamic Department is the rising number of hadhanah claim cases. This research is meant to investigate the rights of children regarding hadhanah based on the Islamic Family Law of Southern Thailand and to what extent the laws follow the principles of Islamic law. This research utilized few approaches which are the content, deductive, inductive, and comparative analysis. Basically, the findings suggest that the differences between the two laws can be accepted as both laws originated from distinguished backgrounds. Therefore, both laws play crucial roles in completely protecting the children in hadhanah cases, as well as promising safety and peaceful life for the children even though their parents’ relationship is in crisis.

Ohm's law in turbulent plasmas and beta limitations by anomalous diffusion

International Nuclear Information System (INIS)

Borrass, K.

1978-01-01

For axisymmetric diffusive equilibria a condition is derived by means of a generalized Ohm's law. It relates some effective outward particle flux to the toroidal current density. An approximate version of it requires that the corresponding effective diffusion velocity Vsub(D)sup(*) must not exceed the poloidal magnetic diffusion velocity Vsub(m). The simple version of Ohm's law as used in transport calculations only applies if Vsub(D)sup(*)<< Vsub(m). A preliminary discussion is performed for the case of anomalous diffusion due to trapped particle instabilities. (author)

Economics and technology in international law

International Nuclear Information System (INIS)

1982-01-01

This volume presents the main address, the lectures and the discussions of the symposium. The papers presented to the symposium were the following: the Draft Convention on the Law of the Sea and problems of the international deep seabed regime; developments in science and technology, as a challenge to international law; modern fishery engineering and its impact on international law; the EEC agricultural market - a case study of European Law; problems of international law in connection with a new system of the world economy; the GATT and a new world economic system; the Third World and UNCTAD; international disaster relief and mutual assistance in case of accidents, especially with a view to Atomic Energy Law; organisation, scope and limits of international co-operation in the peaceful use of nuclear energy. (HSCH) [de

The trespasses of property law.

Science.gov (United States)

Wall, Jesse

2014-01-01

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

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

OpenAIRE

Laura-Cristiana SPĂTARU-NEGURĂ

2017-01-01

After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...

How Law and Institutions Shape Financial Contracts: The Case of Bank Loans

OpenAIRE

Jun Qian; Philip E. Strahan

2005-01-01

We examine empirically how legal origin, creditor rights, property rights, legal formalism, and financial development affect the design of price and non-price terms of bank loans in almost 60 countries. Our results support the law and finance view that private contracts reflect differences in legal protection of creditors and the enforcement of contracts. Loans made to borrowers in countries where creditors can seize collateral in case of default are more likely to be secured, have longer mat...

5 CFR 2421.9 - Administrative Law Judge.

Science.gov (United States)

2010-01-01

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

[Current issues in legal cases of compensation for healthcare malpractice].

Science.gov (United States)

Heiner, Tamás; Barzó, Tímea

2014-09-21

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since 1990. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades. In the meantime, a new Hungarian Civil Code (Act V of 2013) has entered into force, which among others, necessitates the revaluation of assessment of damages recoverable for medical malpractices. There are two main areas where fundamental changes have been introduced, which may significantly affect the outcome of medical malpractice lawsuits in the future. In the early stage of medical malpractices it was unclear whether the courts had to consider either the contractual relationship between patients and healthcare providers (contractual liability) or general codal articles on damages arising from non-contractual liability/torts (delictual liability) in their judgement delivered in the cases. Both the theoretical and practical experience of the last ten years shows that healthcare services agreements are concluded between healthcare providers and patients with the aim and intention to provide appropriate professional healthcare services to patients, which meet patients' interests and wishes. The medical service is violated if it fails to meet patients' interests and wishes as well as the objectives of the agreement. Since the new legislation implies a stricter liability for damages in the case of breach of contract and stricter rules for exempting the party in breach from compensation obligations, the opportunities to exempt healthcare providers from these obligations have become limited compared to previous regulations. This modification, which was aimed at further integrating the established judicial practices into legislation, stipulates the application of the rules for liability for damages resulting from medical malpractice in non-contractual situations. This paper analyses

EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

Directory of Open Access Journals (Sweden)

Radu-Daniel LOGHIN

2014-06-01

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

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...

Linear waves in a resistive plasma with Hall current

International Nuclear Information System (INIS)

Almaguer, J.A.

1992-01-01

Dispersion relations for the case of a magnetized plasma are determined taking into account the Hall current and a constant resistivity, η, in Ohm's law. It is found that the Hall effect is relevant only for parallel (to the equilibrium magnetic field) wave numbers in the case of uniform plasmas, giving place to a dispersive behavior. In particular, the cases of η→0 and small (nonzero) resistivity are discussed

The reception of Roman law in the Romano-Germanic legal family rights: the case of French law

OpenAIRE

André Olavo Leite

2017-01-01

The Romano-Germanic family of legal systems, also known as the family of civil law, comprehends the group of legal systems that traditionally trace their roots up to the Roman law and the Justinian codifications, and that identify themselves as heirs of several of its characteristics. This paper analyses the example of French law, in order to draw on the permanence of Roman law in the contemporary legal systems of the Romano-Germanic family of rights and to show that its reception in those le...

Abortion law across Australia--A review of nine jurisdictions.

Science.gov (United States)

de Costa, Caroline; Douglas, Heather; Hamblin, Julie; Ramsay, Philippa; Shircore, Mandy

2015-04-01

This article reviews the current legal status of abortion in Australia and its implications. Australian abortion law has been a matter for the states since before Federation. In the years since Federation there have been significant reforms and changes in the abortion laws of some jurisdictions, although not all. Across Australia there are now nine sets of laws, state and Commonwealth, concerned with abortion. The test of a lawful abortion varies greatly across jurisdictions. In a number of states and territories, it is necessary to establish a serious risk to the physical or mental health of the woman if the pregnancy was to continue. In some cases, the certification of two doctors is required, particularly for abortions at later gestations. There are also physical restrictions on access, such as in South Australia and the Northern Territory where abortion must take place in a hospital. Only in the ACT has abortion been removed from the criminal law altogether. Variations in the law and restrictions arising from these are not consistent with the aims and provision of the universal, accessible health care system aspired to in Australia. There is an urgent need for overall reform and the introduction of uniformity to Australia's abortion laws, including removal of abortion from the criminal law. © 2015 The Royal Australian and New Zealand College of Obstetricians and Gynaecologists.

International Law, Cultural Diversity, and The Environment: the Case of the General Forestry Law in Colombia

OpenAIRE

Bonilla-Maldonado, Daniel Eduardo; Universidad de los Andes

2015-01-01

International law has been repeatedly challenged for its exclusionary character and its imperial uses. These critiques describe many of its structures and dynamics in a precise manner. However, international law may be a useful instrument for protecting the legitimate interests of the States of the Global South in general, and of the distinct social and cultural groups that form them, in particular. Yet, in order to understand international law's potential for emancipation or social resistanc...

Human Rights in National Administrative Law

DEFF Research Database (Denmark)

Næsborg-Andersen, Ayo

rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... 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.......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...

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

Is Contract Law Necessary?

OpenAIRE

SCHWARTZ, Alan

2010-01-01

This lecture was delivered on 17 March 2010. Alan Schwartz, Sterling Professor of Law; Professor of Management, Yale University This Lecture argues that much of the contract law in the cases (the US, the UK and Canada) and in the codes (Europe and Latin America) is unnecessary. To say that a law is unnecessary is to say that it does not perform a useful social function. The argument below thus sets out the functions that contract laws today are thought to serve, and then shows that many of...

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…

The structure of additive conservation laws

International Nuclear Information System (INIS)

Helmut Reen

1979-01-01

All additive conserved quantities are listed for a system with short range central force interaction between the particles: a special case shows up in Boltzmann H-theorem and his derivation of the Maxwell velocity distribution. It is concluded that in classical mechanics of mass points there are no other additive conservation laws besides of energy, momentum, angular momentum and center of mass motion. A generator is considered of a symmetry transformation defined as integral over a conserved local current density where the latter, in general, needs not be covariant under translations

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.

| Yilma | Mizan Law Review

African Journals Online (AJOL)

The current information age requires intellectual property laws to catch up with and proactively regulate unfolding technological realities. The dynamic advances in the domain of the Internet have thus necessitated corresponding changes in Ethiopias intellectual property legal regime including copyright laws in relation with ...

Computational stability of the Von Neumann--Richtmyer method for the case of the ideal gas law

International Nuclear Information System (INIS)

Hicks, D.L.

1978-07-01

Two stability concepts are of interest for partial difference equations--one arises in theory--the other in practice. The theoretical kind, referred to here as asymptotic stability, is essentially just asymptotic (as Δt, Δx → 0) boundedness of the discrete solution. The other kind, referred to here as computational stability, is stability for a fixed Δt and Δx--computational instability is indicated in practice by oscillatory behavior of the discrete approximation--in particular, oscillations of period 2Δx. This report is concerned with computational stability. Only approximate stability analyses of the von Neumann-Richtmyer scheme have been done for the case of the ideal gas law. Herein a more rigorous computational stability analysis is sought. The analysis leads to a recommendation for the improvement of the time step restriction in WONDY for the case of the ideal gas law

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.

Indigenous Peoples’ Natural Resources and Business: Inter-American Standards and Chilean Case Law

Directory of Open Access Journals (Sweden)

Gonzalo Aguilar Cavallo

2015-10-01

Full Text Available In this brief analysis we will review the difficulties faced in establishing responsibility for human rights violation to companies as well as the Inter-American Court of Human Rights’ case law in the field. We will analyze the international standards established in corporate responsibility. Finally, we will examine if the Chilean national courts incorporate the standards set by the Inter-American Court of Human Rights, especially concerning private companies.

29 CFR 101.11 - Administrative law judge's decision.

Science.gov (United States)

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.11 Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a...

Environment, energy and resources : case law update BC

Energy Technology Data Exchange (ETDEWEB)

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

2005-07-01

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

Law and American Education: A Case Brief Approach. Third Edition

Science.gov (United States)

Palestini, Robert; Falk, Karen Palestini

2012-01-01

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

Rule of law and legal epistemology

NARCIS (Netherlands)

Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

2016-01-01

In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such

Get Kids Interested in the Law before the Law Gets Interested in Them.

Science.gov (United States)

Thomas, R. Murray; Murray, Paul V.

1983-01-01

Many children do not know enough about the law to make wise judgments about their behavior. Educational strategies for teaching about lawbreaking and its consequences are presented. Six laws commonly broken by young people are described, first in legal terms and then stated more simply. Case histories follow. (PP)

Equal Protection Under the Law: Do Female Justices have a Different Voice?

Directory of Open Access Journals (Sweden)

Katherine Jorgensen

2012-01-01

Full Text Available As women take on a continuously larger role in the legal field, it has become tremendously important to study and understand the impact women are having on the judicial system. This work explores the role of women in the judiciary. Specifically, I examine the Supreme Court of the United States to find out whether women’s jurisprudence differs from that of their male colleagues. For this paper, I limit my examination to cases involving equal protection under the law. The theory I employ is that of Carol Gilligan, who argues that across many realms, women have a uniquely different voice than men (1982. Through a quantitative analysis of 49 cases dealing with issues of equal protection under the law, I show that Gilligan’s theory helps us understand how cases are decided in the United States Supreme Court. Additionally, I show how the “Different Voice” model improves upon existing models of judicial decision making by Lee Epstein, Jeffrey Segal, and Harold Spaeth. This paper expands current gender and politics literature, which had previously used Gilligan’s insights to examine U.S. state legislatures, by analyzing decision making in the Supreme Court. This paper thus illustrates that women, due to their unique life experiences, have a different understanding of the law in regards to equality and equal protection under the law.

Human Rights and the Excess of Identity: A Legal and Theoretical Inquiry into the Notion of Identity in Strasbourg Case Law.

Science.gov (United States)

Al Tamimi, Yussef

2018-06-01

Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court's case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court's use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court's approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms.

Licences issued under environmental law in international private and procedural law

International Nuclear Information System (INIS)

Kohler, C.

1991-01-01

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) [de

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

Energy Technology Data Exchange (ETDEWEB)

Schwarze, J

1986-01-01

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.

Outer space law: A problem of astronautics

Science.gov (United States)

Mandl, V.

1984-01-01

The theory of space law is discussed from the point of view of similarities and differences between hypothetical space law and current (1932) aviation law. International legal aspects and economic and cultural effects are also addressed.

Stability analysis of WONDY (a hydrocode based on the artifical viscosity method of von Neumann and Richtmyer) for a special case of Maxwell's Law

International Nuclear Information System (INIS)

Hicks, D.L.

1978-01-01

The artification viscosity method of von Neumann and Richtmyer was originally designed and analyzed for stability in the case when the material was an ideal gas. Recently a hydrocode (WONDY) based on the von Neumann-Richymyer scheme was used in calculating wave progagation problems in materials obeying a form of Maxwell's material law; signs of an unstable difference scheme appeared. A stability analysis shows that the timestep restrictions required for stability in certain cases can be more stringent for material laws of the Maxwell type than they are for material laws of the ideal gas type

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)

Anon.

2010-01-01

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

Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives

Directory of Open Access Journals (Sweden)

Halder Debarati

2015-01-01

Full Text Available Victimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ and therapeutic jurisprudence (TJ are victim oriented, the issue of cyber stalking of women may be dealt with by RJ process and the laws in this regard must be analysed by the legal actors with a background in RJ and TJ philosophy. India had earlier taken up therapeutic punishment policy to enforce rights of the accused. But the modern principles of TJ have still not been considered in the RJ background in cyber stalking cases. This article therefore examines whether RJ and TJ principles can replace retributive principles for cyber stalking victimisation. It also examines the Indian cyber stalking law from RJ and TJ perspectives to assess its effectiveness for victims.

Government Contract Law (9th Edition)

Science.gov (United States)

1987-04-01

This Ninth Edition, like its predecessors, will serve as the textbook for the Government Contract Law taught at the School of Systems and Logistics...drawn from Government Contract Law -Cases, 1987 edition, for a rounded approach to the subject. This edition of the text includes coverage of the...Government Contract Law complements the Federal Acquisition Regulation and provides a preventive law treatment for contracting personnel. While it may

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

NARCIS (Netherlands)

Flegar, Veronika

2015-01-01

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

Making a case for a development-driven approach to law as a ...

African Journals Online (AJOL)

driven approach to law as a linchpin for the post-2015 development agenda. KEYWORDS: Law, development, development-driven law, development law, development goals, development strategy, Millennium Development Goals, Millennium ...

Islamic law of tort

OpenAIRE

Mohamad, Abdul Basir Bin

1997-01-01

The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

Virtual resistive network and conductivity reconstruction with Faraday's law

International Nuclear Information System (INIS)

Lee, Min Gi; Ko, Min-Su; Kim, Yong-Jung

2014-01-01

A network-based conductivity reconstruction method is introduced using the third Maxwell equation, or Faraday's law, for a static case. The usual choice in electrical impedance tomography is the divergence-free equation for the electrical current density. However, if the electrical current density is given, the curl-free equation for the electrical field gives a direct relation between the current and the conductivity and this relation is used in this paper. Mimetic discretization is applied to the equation, which gives the virtual resistive network system. Properties of the numerical schemes introduced are investigated and their advantages over other conductivity reconstruction methods are discussed. Numerically simulated results, with an analysis of noise propagation, are presented. (paper)

22 CFR 1421.8 - Administrative law judge.

Science.gov (United States)

2010-04-01

... Law Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other matters as may be... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the...

The law of the international civil service institutional law and practice in international organisations

CERN Document Server

Ullrich, Gerhard

2018-01-01

Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.

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 ...

The Aplication of Islamic Law in Indonesia: the Case Study in Aceh

OpenAIRE

Bustamam-Ahmad, Kamaruzzaman

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...

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

Directory of Open Access Journals (Sweden)

Kamaruzzaman Bustamam-Ahmad

2007-06-01

Full Text Available 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 government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads, rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests.

School Law Update...Preventive School Law.

Science.gov (United States)

Jones, Thomas N., Ed.; Semler, Darel P., Ed.

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…

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)

Schwarze, J.

1986-01-01

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

Power-law tails and non-Markovian dynamics in open quantum systems: An exact solution from Keldysh field theory

Science.gov (United States)

Chakraborty, Ahana; Sensarma, Rajdeep

2018-03-01

The Born-Markov approximation is widely used to study the dynamics of open quantum systems coupled to external baths. Using Keldysh formalism, we show that the dynamics of a system of bosons (fermions) linearly coupled to a noninteracting bosonic (fermionic) bath falls outside this paradigm if the bath spectral function has nonanalyticities as a function of frequency. In this case, we show that the dissipative and noise kernels governing the dynamics have distinct power-law tails. The Green's functions show a short-time "quasi"-Markovian exponential decay before crossing over to a power-law tail governed by the nonanalyticity of the spectral function. We study a system of bosons (fermions) hopping on a one-dimensional lattice, where each site is coupled linearly to an independent bath of noninteracting bosons (fermions). We obtain exact expressions for the Green's functions of this system, which show power-law decay ˜|t - t'|-3 /2 . We use these to calculate the density and current profile, as well as unequal-time current-current correlators. While the density and current profiles show interesting quantitative deviations from Markovian results, the current-current correlators show qualitatively distinct long-time power-law tails |t - t'|-3 characteristic of non-Markovian dynamics. We show that the power-law decays survive in the presence of interparticle interaction in the system, but the crossover time scale is shifted to larger values with increasing interaction strength.

The Cambridge Companion to International Law

Directory of Open Access Journals (Sweden)

Achmad Gusman Siswandi

2014-08-01

Full Text Available ABSTRAK This book provides a thorough introduction to international law in a way that is rather unique compared to similar references. The subject matteris divided in a more concise way, while still giving rich perspective as it covers not only theories but also case studies and practices. This book consists of four parts, namely: the contexts of international law; international law and the state; techniques and arenas; and projects of international law.

Courts of customary law in the post-soviet states: history and the current situation

Directory of Open Access Journals (Sweden)

Сергій Володимирович Васильєв

2016-01-01

Full Text Available Problem setting and relevance of the research topic. Research of courts of customary law is not a new trend in the domestic legal science. However, it should be noted that this issue was covered mainly in the historical and ethnographic aspect, and, as a rule, in relation to specific countries or peoples. Taking into account the fact that in some post-Soviet states the rules of the customary law have remained and take effect even under the current conditions, there is a need to study people’s judgment on the basis of historical experience, taking into account the fact that there is no special scientific research on this subject. Paper objective. On the basis of studying the courts of customary law that existed in the territory of the post-Soviet states, to reveal their diversity, special features and peculiarities of formation and to analyze the contemporary forms of the aforementioned courts. Paper main body. The courts of customary law existed in various nations and nationalities since ancient times. The identity of one or another traditional court depended on such facts as the territorial location of the community, the level of economic and cultural development, type of religion, etc. In this paper the organization of the traditional justice of post-Soviet states in the second half of the XIX century was studied, when the basic territorial boundaries of the Russian Empire were formed. It is within these boundaries the peoples lived, who subsequently became Soviet republics, and then independent states. The main characteristic features of traditional courts that existed in the territory of post-Soviet states have been emphasized (1 judicial procedure was not regulated in detail; (2 the rules of the customary law (adat rules were the basis of the justice; (3 members of the court were competent persons of the community; (4 the court was common for all members of the community; (5 disputes were resolved through reconciliation of the parties; (6

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law

International Nuclear Information System (INIS)

Ekardt, Felix; Rostock Univ.

2014-01-01

The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

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

Directory of Open Access Journals (Sweden)

Kushwah, Shivpal Singh

2016-09-01

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

[Significance of mobbing in Italian law].

Science.gov (United States)

Bollani, A

2008-01-01

The author analyzes the juridical profile that the phenomenon of mobbing assumes within the Italian legal system, emphasizing that the English term of current usage does not designate any specific legal entity as such but simply refers, in summary fashion, to deeds and behaviours that need to be qualified according to the law in vigour. The normative frame of reference for mobbing is found in article 2087 of the Civil code, which states, as an open, teleologically oriented norm, the employer's obligation to safeguard the moral person of the employee; hence the onus is on the interpreter, essentially, to evaluate if there has been, in actual fact, a contravention of this safeguarded legal right. The author then discusses profiles that intersect with mobbing (or behaviours perceived as such) drawing on other cases regulated by the law such as the safeguarding of professionality (art. 2103 of the Civil code), and underlines that often mobbing ends by being construed as a mere accompaniment to, if not duplication of, other typical cases. Finally, the author discusses aspects of the judicial process related to the allegation and proof of the facts constituting the offence, and to the damage, in its various non patrimonial components.

The LRA and the common law | Wallis | Law, Democracy ...

African Journals Online (AJOL)

Law, Democracy & Development. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 9, No 2 (2005) >. Log in or Register to get access to full text downloads.

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

Science.gov (United States)

Mäntylä, Terhi; Hämäläinen, Ari

2015-01-01

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

Casuistry as common law morality.

Science.gov (United States)

Paulo, Norbert

2015-12-01

This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin's version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of paradigms. The most important limitations--the possibilities of overruling and distinguishing paradigm norms--are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin's main ideas and commitments. Further developed along these lines, casuistry can appropriately be called "common law morality."

Archives: Mizan Law Review

African Journals Online (AJOL)

Items 1 - 21 of 21 ... Archives: Mizan Law Review. Journal Home > Archives: Mizan Law Review. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register · Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives. 1 - 21 of 21 Items. 2017. Vol 11, No 2 ...

On how AI & Law can help autonomous systems obey the law: a position paper

NARCIS (Netherlands)

Prakken, Hendrik

2016-01-01

In this position paper I discuss to what extent current and past AI & law research is relevant for research on autonomous intelligent systems that exhibit legally relevant behaviour. After a brief review of the history of AI & law, I will compare the problems faced by autonomous intelligent systems

Reconfiguring trade mark law

DEFF Research Database (Denmark)

Elsmore, Matthew James

2013-01-01

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

China's renewables law

International Nuclear Information System (INIS)

Zhu Li

2005-01-01

The paper discusses China's Renewable Energy Promotion Law which will come into force in January 2006. The law shows China's commitment to renewable energy sources. The target is to raise the country's energy consumption from renewables to 10% by 2020. Data for current capacity, and expected capacity by 2020, are given for wind power, solar power, biomass and hydroelectric power. The financial and technological hurdles which China must overcome are mentioned briefly

An Authentic Interpretation of Laws

Directory of Open Access Journals (Sweden)

Teodor Antić

2015-01-01

Full Text Available Authentic interpretation of laws is a legal institute whereby a legislator gives the authentic meaning to a specific legal norm in case of its incorrect or diversified interpretation in practice. It has the same legal force as the law. Retroactivity and influence on pending cases are its inherent characteristics. Due to these characteristics and their relation to the principles of the rule of law, legal certainty and separation of powers, it is subjected to severe criticism not only by legal theory but also legal practice. The author analyses the institute of authentic interpretation from historical and comparative point of view and through the Croatian normative regulation, practice of the Croatian Parliament and academic debate, including opinions in favour as well as against it. On these grounds the author concludes that higher quality of law making procedure could make the authentic interpretation dispensable. On the other hand, should this institute be kept in the legal order it is essential to receive more effective constitutional control.

29 CFR 457.17 - Administrative Law Judge.

Science.gov (United States)

2010-07-01

... Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law...

Managing novel reproductive injuries in the law of tort: the curious case of destroyed sperm.

Science.gov (United States)

Priaulx, Nicolette

2010-03-01

In view of developments in reproductive medicine, clinical mishaps in this domain are beginning to give rise to 'injuries' not easily accommodated within the English law of negligence. While 'personal injury' is typically understood as manifesting a deleterious 'physical' dimension, cases involving the negligent destruction of cryopreserved sperm, as recently litigated in Yearworth & Ors v Bristol NNN Trust (2009), and other media reported mishaps in fertility treatment do not straightforwardly possess this quality. Without modification, the traditional tortious conception of 'personal injury' in English law will not be able to address novel claims. Critically, however, nor do alternative modes of redress seem to offer ease of application. Focusing upon the controversial Yearworth case and exploring what is seen as an unpromising framing of loss, the note argues that there is now an urgent need to rethink what counts as 'personal injury'. Arguing for the formal recognition of'reproductive injury' as an independent head of damage in negligence, and illustrating the presence of judicial support for that approach, the comment suggests that in light of the difficult challenges that lie in the wake of Yearworth, such a development may be not only desirable but necessary.

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

Science.gov (United States)

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 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.

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.

The "Biogenetic Law" in zoology: from Ernst Haeckel's formulation to current approaches.

Science.gov (United States)

Olsson, Lennart; Levit, Georgy S; Hoßfeld, Uwe

2017-06-01

150 years ago, in 1866, Ernst Haeckel published a book in two volumes called "Generelle Morphologie der Organismen" (General Morphology of Organisms) in which he formulated his biogenetic law, famously stating that ontogeny recapitulates phylogeny. Here we describe Haeckel's original idea and follow its development in the thinking of two scientists inspired by Haeckel, Alexei Sewertzoff and Adolf Naef. Sewertzoff and Naef initially approached the problem of reformulating Haeckel's law in similar ways, and formulated comparable hypotheses at a purely descriptive level. But their theoretical viewpoints were crucially different. While Sewertzoff laid the foundations for a Darwinian evolutionary morphology and is regarded as a forerunner of the Modern Synthesis, Naef was one of the most important figures in 'idealistic morphology', usually seen as a type of anti-Darwinism. Both Naef and Sewertzoff aimed to revise Haeckel's biogenetic law and came to comparable conclusions at the empirical level. We end our review with a brief look at the present situation in which molecular data are used to test the "hour-glass model", which can be seen as a modern version of the biogenetic law.

Intercontinental nuclear transport from the private international law perspective

International Nuclear Information System (INIS)

Magnus, U.

2000-01-01

The aim of this paper is to give a survey on choice of law rules which apply outside the nuclear liability conventions in case of damage caused by international nuclear transports. We found a remarkable variety of solutions. Some of the solutions make it difficult or even impossible to predict in advance which substantive law in a hypothetical case would apply. These difficulties are increased by the fact that more often than not, a victim can choose where to sue and thereby also influence the final outcome of a case. As far as private international law rules apply - and as mentioned the non-ratification of the nuclear liability conventions by many nuclear states forces us to fall back on the choice of law rules in many cases - the applicable law and the hypothetical level of compensation therefore often remain uncertain when judged at the time of organisation of the nuclear transport. However, at this time the question of undertaking risks and of insurability must be decided. (author)

Conflict of interest in Health Technology Assessment decisions: case law in France and impact on reimbursement decisions.

Science.gov (United States)

Frybourg, Sandrine; Remuzat, Cécile; Kornfeld, Åsa; Toumi, Mondher

2015-01-01

The slow reaction of French authorities to the so-called Mediator® saga in 2009 in France led to investigations that questioned the way conflicts of interest are reported. France implemented the Loi Bertrand ('Bertrand Law') in May 2013, known as the 'French Sunshine Act', with the aim of specifying the scope of disclosure obligations. This policy research reviewed the Loi Bertrand and reported case law from the French Council of State (COS) related to conflicts of interest in French Health technology assessment (HTA) opinion. The Loi Bertrand requires the publication of most of the agreements concluded between health-care professionals and companies and covers a vast range of health products. Commercial sales agreements of goods and services concluded between manufacturers and health-care professionals are a strong exception to this disclosure obligation. Six cases examined by the COS were analyzed, most of them related to the publication of guidelines or the removal of products from the list of reimbursed drugs and devices. These cases have been reviewed, as well as the impact of the ruling on reimbursement decisions. Four cases led to suspension or invalidation of decisions based on the Haute Autorité de Santé (HAS) recommendations due to conflicts of interest. In the two other cases, the HAS provided post hoc declarations of interest when required by the COS, and the COS considered the conflicts of interest as irrelevant for the decision. It appears that the COS based its decisions on two main criteria: the acknowledgement of negative conflicts of interest (a link with competitors) and the absence of declarations of conflicts of interest, which have to be presented when required by legal authorities irrespective of when they were completed (even posterior to the HAS opinion). However, the number of cases that have been decided against the HAS remains very limited with respect to the volume of assessments performed yearly. The strengthening of the regulation

War, Law and Order - Case Study: Australian Whole-of-Government Efforts to Develop the Security and Criminal Justice Sectors in Stabilization

Science.gov (United States)

2012-05-01

fashion - or they may even 48 be contributing to the deficit because of political mo- tivations or corruption, as was the case in the Solo- mon...international protection of human rights. Gretchen Kewley, Humanitarian Law in Armed Conflicts, Victorian Commercial Teachers Association Publishing...as International Committee of the Red Cross guideline documents. 89. Gretchen Kewley, Humanitarian Law in Armed Conflicts, Victorian Commercial

Theoretical disagreement about law

Directory of Open Access Journals (Sweden)

Zdravković Miloš

2014-01-01

Full Text Available As the dominant direction of the study of legal phenomena, legal positivism has suffered criticisms above all from representatives of natural law. Nevertheless, the most complex criticism of legal positivism came from Ronald Dworkin. With the methodological criticism he formed in 'Law's Empire', Dworkin attacked the sole foundations of legal positivism and his main methodological assumptions. Quoting the first postulate of positivism, which understands the law as a fact, Dworkin claims that, if this comprehension is correct, there could be no dispute among jurists concerning the law, except if some of them make an empirical mistake while establishing facts. Since this is not the case, Dworkin proves that this is actually a theoretical disagreement which does not represent a disagreement about the law itself, but about its morality. On these grounds, he rejects the idea of law as a fact and claims that the law is an interpretive notion, which means that disagreements within jurisprudence are most frequently interpretative disagreements over criteria of legality, and not empirical disagreements over historic and social facts.

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

International Criminal Law & Its Paradoxes

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2017-01-01

criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

On Hall current fluid

International Nuclear Information System (INIS)

Shen, M.C.; Ebel, D.

1987-01-01

In this paper some new results concerning magnetohydrodynamic (MHD) equations with the Hall current (HC) term in the Ohm's law are presented. For the cylindrical pinch of a compressible HC fluid, it is found that for large time and long wave length the solution to the governing equations exhibits the behavior of solitons as in the case of an ideal MHD model. In some special cases, the HC model appears to be better posed. An open question is whether a simple toroidal equilibrium of an HC fluid with resistivity and viscosity exists. The answer to this question is affirmative if the prescribed velocity on the boundary has a small norm. Furthermore, the equilibrium is also linearly and nonlinearly stable

Abuse of rights in Community Law

DEFF Research Database (Denmark)

Sørensen, Karsten Engsig

2006-01-01

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

THE CONTEMPORARY INTERNATIONAL LAW. A RELATION BETWEEN HUMAN RIGHTS AND THE INTERNATIONAL HUMANITARIAN LAW

Directory of Open Access Journals (Sweden)

JEANNETTE IRIGOIN BARRENE

2018-01-01

Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.

Choice of Law in Denmark: Code-Light or Code-Tight?

DEFF Research Database (Denmark)

Lookofsky, Joseph

2013-01-01

Specific features of currently applicable Private International Law rules in Denmark, including Denmark's legislation implementing the 1980 Rome Convention on the Law Applicable in Contractual Matters, and its interpretation by Danish courts.......Specific features of currently applicable Private International Law rules in Denmark, including Denmark's legislation implementing the 1980 Rome Convention on the Law Applicable in Contractual Matters, and its interpretation by Danish courts....

A survey of doctors at a UK teaching hospital to assess understanding of recent changes to consent law.

Science.gov (United States)

O'Brien, J W; Natarajan, M; Shaikh, I

2017-06-01

The UK Supreme Court recently ruled that when consenting patients for treatments or procedures, clinicians must also discuss any associated material risks. We surveyed medical staff at a large UK teaching hospital in order to ascertain knowledge of consent law and current understanding of this change. Email survey sent to medical staff in all specialities at Norfolk and Norwich University Hospital in February 2016. 245 responses (141 Consultants and 104 junior doctors, response rate 32%). 82% consent patients for procedures at least monthly and 23% daily. 31% were not familiar with the concept of material risk. 35% were familiar with the recent change in consent law, 41% were not. 18% were "very uncertain" and 64% "a little uncertain" that their consenting process meets current legal requirements. >92% think that landmark cases and changes in law should be discussed through professional bodies and circulated better locally. The majority were not familiar with the concept of material risk and recent legal changes. A majority were not confident that their practice meets current requirements, suggesting that recent changes in consent law may not be widely understood at this hospital. We suggest more guidance and education may be necessary than is currently available. Increased understanding of recent changes to consent law will reduce the risk taken by NHS trusts and offer patients a service compliant with Supreme Court guidance.

Developments in Indian Law from September 1, 1978 through August 31, 1979.

Science.gov (United States)

American Indian Journal, 1979

1979-01-01

Law firm analysis which reviews developments in Indian law, discusses holdings and implications of some important Supreme Court decisions (Boldt Case, Yakima Public Law 280 Case, Blackbird Bend Case), analyzes litigation trends which appear to be developing, and comments on the future conduct of Indian litigation. (DS)

Effective stress law for anisotropic elastic deformation

International Nuclear Information System (INIS)

Carroll, M.M.

1979-01-01

An effective stress law is derived analytically to describe the effect of pore fluid pressure on the linearly elastic response of saturated porous rocks which exhibit anisotropy. For general anisotropy the difference between the effective stress and the applied stress is not hydrostatic. The effective stress law involves two constants for transversely isotropic response and three constants for orthotropic response; these constants can be expressed in terms of the moduli of the porous material and of the solid material. These expressions simplify considerably when the anisotropy is structural rather than intrinsic, i.e., in the case of an isotropic solid material with an anisotropic pore structure. In this case the effective stress law involves the solid or grain bulk modulus and two or three moduli of the porous material, for transverse isotropy and orthotropy, respectively. The law reduces, in the case of isotropic response, to that suggested by Geertsma (1957) and by Skempton (1961) and derived analytically by Nur and Byerlee

Nuclear Law Bulletin No. 97. Volume 2016/1

International Nuclear Information System (INIS)

Fischer, D.; Saric, J.; Touitou-Durand, F.; Mannully, Y.; Parle, M.; Adomaityte, U.; Majerus, P.; Adamczyk, K.; Nowacki, T.; Pavlovic, P.; Dovale Hernandez, I.; Ammon, B.; Popov, A.; Drillat, C.; Reynaers Kini, E.

2016-01-01

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 'Nuclear third party liability in Germany' and 'Towards nuclear disarmament: State of affairs in the international legal framework'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

Nuclear law Netherlands

International Nuclear Information System (INIS)

Bischof, W.

1976-01-01

This publication gives, in Dutch and German, a comprehensive survey of the Netherland's current law in the field of reactor safety and radiation protection, including a survey of international agreements. (orig./HP) [de

Criminal law repercussions on the Civil Protection System

Science.gov (United States)

Altamura, M.; Musso, L.

2009-09-01

The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

Ritual mutilation between tradition and law: juridical aspects

Directory of Open Access Journals (Sweden)

Germana Carobene

2016-08-01

Full Text Available The mgf expression refers to ritual practices, such as lesions of the body, found mainly in Africa, related to the interpretations of cultural/religious principles which have based their own legal and social legitimacy. It has became an official word, in international documents, just starting from 1990, with a negative meaning strongly supported by Western culture. At first those has been considered as dangerous methods according to a medical-sanitary opinion, then as a serious violation of women’s and girls’ rights. In Italy the specific offense has been granted by a law in 2006 and there is just one case law processed by the Court of Verona in 2010. This matter focuses on the most significant issues of the current policies in a multicultural society with reference to the value that the legal system must give to cultural conditioning on people for criminal conducts due to membership. It must underline that these cases involve the most serious crime of permanent and irreversible injury against children, made by their legal guardians, in the name of alleged cultural-religious principles, which should have no place in a secular state.

The Legal Implications of Student Use of Social Networking Sites in the UK and US: Current Concerns and Lessons for the Future

Science.gov (United States)

Davies, Mark R.; Lee, Barbara A.

2008-01-01

This paper provides a comparative snapshot of the current state of the law in the US and UK with respect to potential liability of university and college students for use (and misuse) of social networking sites. It reviews the limited case law on this topic, highlights the differences in the two nations' laws of defamation and the various possible…

An Interpretive Inquiry of the Case Law of Teacher Evaluation in the Southern Regional Education Board States: Forecasting Pressing Problems

Science.gov (United States)

Kidder-Wilkerson, Kathy S.

2009-01-01

The purpose of this study was to analyze case law related to teacher evaluation between 1980 and 2008 in the SREB states to determine the problems associated with teacher evaluation and if these problems were documented in the literature. Content analysis of teacher dismissal cases revealed many types of teacher evaluation problems. The two most…

Compatibility of the Ampere and Lorentz force laws with the virtual-work concept

International Nuclear Information System (INIS)

Graneau, P.

1983-01-01

Whenever the reaction forces between parts of an electric circuit have to be calculated, as in the design of railguns, a choice has to be made between three available formulae which have evolved during the past 160 years. The first was Ampere's force law for the mechanical interaction between two current elements. Neumann then derived the virtual-work formula from what may be called the Ampere-Neumann electrodynamics. The last to be introduced was the Lorentz force law. This paper investigates whether both the Amperian and the Lorentzian forces are compatible with the virtual-work concept. The conclusion is that only Ampere's formula agrees in all cases with the virtual-work idea, but in special circumstances the Lorentz law will give the same result. After demonstrating how Ampere's law can be derived from the virtual-work formula, it is shown that for two closed circuits the relativistic component of the Lorentz force vanishes under the double integral around the two circuits. The remaining nonvanishing term is also present in the Ampere electrodynamics. This is not the case when considering the reaction forces between two parts of an isolated circuit. The Lorentz force is then, in general, not compatible with the virtual-work concept unless the circuit possesses a high degree of symmetry

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may 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', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

European Union competition law, intellectual property law and standardization

NARCIS (Netherlands)

Geradin, Damien; Contreras, Jorge L.

2016-01-01

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

Non-linear flow law of rockglacier creep determined from geomorphological observations: A case study from the Murtèl rockglacier (Engadin, SE Switzerland)

Science.gov (United States)

Frehner, Marcel; Amschwand, Dominik; Gärtner-Roer, Isabelle

2016-04-01

linear (power-law exponent, n=1) and strongly non-linear models (n=10) do not match the measured data well. However, the moderately non-linear models (n=2-3) match the data quite well indicating that the creep of the Murtèl rockglacier is governed by a moderately non-linear viscous flow law with a power-law exponent close to the one of pure ice. Our results are crucial for improving existing numerical models of rockglacier flow that currently use simplified (i.e., linear viscous) flow-laws. References: Arenson L., Hoelzle M., and Springman S., 2002: Borehole deformation measurements and internal structure of some rock glaciers in Switzerland, Permafrost and Periglacial Processes 13, 117-135. Frehner M., Ling A.H.M., and Gärtner-Roer I., 2015: Furrow-and-ridge morphology on rockglaciers explained by gravity-driven buckle folding: A case study from the Murtèl rockglacier (Switzerland), Permafrost and Periglacial Processes 26, 57-66.

Private law

DEFF Research Database (Denmark)

working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

Some comments on the current (and future) status of Muslim personal law in South Africa

OpenAIRE

Rautenbach, Christa

2004-01-01

The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the Muslim community in South Africa is a close-knit community which lives according to their own customs and usages. Muslims are subject to informal religious tribunals whose decisions and orders are neither recognised nor reviewable by the South African courts. The non-recogn...

RFQ scaling-law implications and examples

International Nuclear Information System (INIS)

Wadlinger, E.A.

1986-01-01

We demonstrate the utility of the RFQ scaling laws that have been previously derived. These laws are relations between accelerator parameters (electric field, fr frequency, etc.) and beam parameters (current, energy, emittance, etc.) that act as guides for designing radio-frequency quadrupoles (RFQs) by showing the various tradeoffs involved in making RFQ designs. These scaling laws give a unique family of curves, at any given synchronous particle phase, that relates the beam current, emittance, particle mass, and space-charge tune depression with the RFQ frequency and maximum vane-tip electric field when assuming equipartitioning and equal longitudinal and transverse tune depressions. These scaling curves are valid at any point in any given RFQ where there is a bunched and equipartitioned beam. We show several examples for designing RFQs, examine the performance characteristics of an existing device, and study various RFQ performance limitations required by the scaling laws

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

European Corporate Law

DEFF Research Database (Denmark)

Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik

, and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located...... initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends...

Case law

International Nuclear Information System (INIS)

Anon.

2008-01-01

Canada: Brunswick News Inc. versus Her Majesty the Queen in the Right of the Province of New Brunswick denying release of nuclear power feasibility study: A superior court in Canada has made an important decision with regard to freedom of information legislation and protection of confidential commercial information. It denied a provincial newspaper company access to a feasibility study concerning the construction of a second nuclear power reactor in New Brunswick. U.S.A.: In the Court of federal Claims, plaintiffs Carolina Power and Light Company and Florida power corporation (collectively Progress Energy) claimed damages of U.S.D. 91 029 704 from defendant U.S. Department of Energy (D.O.E.), under the terms of D.O.E. standard contract for Disposal of spent nuclear fuel and/or high level waste. D.O.E. liability was previously established and the amount of damages was the sole issue in this case.Germany: in 2005, the federal Ministry for the Environment, Nature Conservation and Nuclear Safety (B.M.U.) instructed the regulatory and supervisory body of the federal state Baden-Wurtemberg to issue an order, which required the operator to shut its plant, without delay or further orders, in case of not obviously insignificant non-compliance with technical limits, measures or other specific safety-related requirements deemed to control incidents. The operator was further required to inform the regulatory and supervisory body immediately if it was no longer able to demonstrate the controllability of design basis accidents. In the judgement of the Federal Administrative court, the instruction to stop operation is too ambiguous since it does not specify with technical criteria should compel operators to shut their reactors.The court rules that, in compliance with the principle that administrative decisions must be precise, clear and unambiguous, an order to terminate operations must clearly state when and for what reasons an operator has this duty. a global obligation to

Current trends in court rulings on matters of the Atomic Energy Law

International Nuclear Information System (INIS)

Degenhart, C.

1989-01-01

Today's Atomic energy law is at a high development level and offers increased legal safety at a point of time when the extension of nuclear energy has been largely concluded in the FRG. The procedural constellation of third-party objections in characteristic of the development of the atomic energy law. Principal objections to the peaceful use of nuclear energy have been largely disproved by court rulings. Residual risks of this technology are to be accepted as 'socially adequate basic burdens'. 'Abandonment' of nuclear energy is not precluded by the structure of Atomic Energy Law Standards but is mainly a political question to be answered by the executive. In future, legal issues of nuclear waste disposal, fuel cycle and assessment of new plant types will dominate the discussion. Verification and certification of waste disposal should not be demanded in the stage of plant approval, however, should safe disposal prove to be infeasible, nuclear energy use may well have to be re-assessed legally. (orig.) [de

Medical education and law: withholding/withdrawing treatment from adults without capacity.

Science.gov (United States)

Parker, M; Willmott, L; White, B; Williams, G; Cartwright, C

2015-06-01

Law is increasingly involved in clinical practice, particularly at the end of life, but undergraduate and postgraduate education in this area remains unsystematic. We hypothesised that attitudes to and knowledge of the law governing withholding/withdrawing life-sustaining treatment from adults without capacity (the WWLST law) would vary and demonstrate deficiencies among medical specialists. We investigated perspectives, knowledge and training of medical specialists in the three largest (populations and medical workforces) Australian states, concerning the WWLST law. Following expert legal review, specialist focus groups, pre-testing and piloting in each state, seven specialties involved with end-of-life care were surveyed, with a variety of statistical analyses applied to the responses. Respondents supported the need to know and follow the law. There were mixed views about its helpfulness in medical decision-making. Over half the respondents conceded poor knowledge of the law; this was mirrored by critical gaps in knowledge that varied by specialty. There were relatively low but increasing rates of education from the undergraduate to continuing professional development (CPD) stages. Mean knowledge score did not vary significantly according to undergraduate or immediate postgraduate training, but CPD training, particularly if recent, resulted in greater knowledge. Case-based workshops were the preferred CPD instruction method. Teaching of current and evolving law should be strengthened across all stages of medical education. This should improve understanding of the role of law, ameliorate ambivalence towards the law and contribute to more informed deliberation about end-of-life issues with patients and families. © 2015 Royal Australasian College of Physicians.

Temperature profiles of time dependent tokamak plasmas from the parallel Ohm's law

International Nuclear Information System (INIS)

Micozzi, P.; Roccella, M.

1993-01-01

Profile consistency based on the parallel component of Ohm's law has been used to obtain electron temperature profiles. A resistive neoclassical term and a term that accounts for the bootstrap current contributions have been considered in Ohm's law. A numerical code has been developed to find solutions according to the MHD equilibrium equations. For stationary plasmas, the temperature profiles, obtained by a procedure in which a pseudo-parabolic shape of (J φ /R) is assumed and the peak temperature known from experiments is used, are close to the experimental data for several very different machines (JET, TFTR, ASDEX, ALCATOR-C and FT). The main feature of the model is its capability to provide an easy parametrization of Ohm's law also in non-stationary cases, without going through the complication of a detailed solution of the magnetic field diffusion equation. A rule for estimating a maximum value of the current diffusion time inside the plasma volume in such situations is given. This rule accounts for both the temperature profiles and the stabilization times in some non-stationary pulses observed in JET. (author). 28 refs, 12 figs

Labour Law Patrimonial Liabilities. General Aspects

Directory of Open Access Journals (Sweden)

Georgiana COVRIG

2014-06-01

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

Road Transportation and Traffic Law Enforcement in Nigeria: A case ...

African Journals Online (AJOL)

Road Transportation and Traffic Law Enforcement in Nigeria was established in order to reduce the increasing road crashes and fatalities as well as making road users comply with traffic Laws and regulations as a counter measure, which remain as a great challenge in Nigeria. This paper discussed the roles of the Federal ...

The Dissociation of Notions as a Tool for Justification: A study on practical reasoning in common law decisions

OpenAIRE

Ferry, Victor

2012-01-01

As an instance of the typical interaction between general argumentation theory and judicial argumentation practice, this paper uses the dissociation of notions, a concept elaborated by the former, possibly as from observations on the latter, to reexamine two well-known common law cases, in which the judges justify an interpretation grounded on the spirit of the law as opposed to a narrow interpretation of precedents. The author compares two current rival theoretical perspectives on the dissoc...

Energy law '90

International Nuclear Information System (INIS)

1990-01-01

The International Bar Association's Section on Energy and Natural Resources Law selected eight key topics for discussion at their ninth seminar in the Netherlands in 1990. Only two papers specifically related to nuclear power and these were within the topic of environmental issues facing the energy industries. Both papers dealt with the legal aspects of nuclear plants sited near national borders and covered international law and the need for standardized regulations and agreements on issues such as environmental impacts, safety, radiological protection, public information and emergency plans in case of accidents. (UK)

EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

OpenAIRE

Radu-Daniel LOGHIN

2014-01-01

In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which...

Business Law

OpenAIRE

Marson, James; Ferris, Katy

2016-01-01

Marson & Ferris provide a thorough account of the subject for students. Essential topics are introduced by exploring current and pertinent examples and the relevance of the law in a business environment is considered throughout. This pack includes a supplement which considers the effects of the Consumer Rights Act 2015.

Case studies: Application of SEA in provincial level expressway infrastructure network planning in China - Current existing problems

International Nuclear Information System (INIS)

Zhou Kaiyi; Sheate, William R.

2011-01-01

Since the Law of the People's Republic of China on Environmental Impact Assessment was enacted in 2003 and Huanfa 2004 No. 98 was released in 2004, Strategic Environmental Assessment (SEA) has been officially being implemented in the expressway infrastructure planning field in China. Through scrutinizing two SEA application cases of China's provincial level expressway infrastructure (PLEI) network plans, it is found that current SEA practice in expressway infrastructure planning field has a number of problems including: SEA practitioners do not fully understand the objective of SEA; its potential contributions to strategic planning and decision-making is extremely limited; the employed application procedure and prediction and assessment techniques are too simple to bring objective, unbiased and scientific results; and no alternative options are considered. All these problems directly lead to poor quality SEA and consequently weaken SEA's effectiveness.

Nuclear Law Bulletin No. 95. Volume 2015/1

International Nuclear Information System (INIS)

2015-01-01

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

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

Science.gov (United States)

Gierowski, Józef Krzysztof

2012-01-01

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

Exploring the validity and limitations of the Mott-Gurney law for charge-carrier mobility determination of semiconducting thin-films.

Science.gov (United States)

Röhr, Jason A; Moia, Davide; Haque, Saif A; Kirchartz, Thomas; Nelson, Jenny

2018-03-14

Using drift-diffusion simulations, we investigate the voltage dependence of the dark current in single carrier devices typically used to determine charge-carrier mobilities. For both low and high voltages, the current increases linearly with the applied voltage. Whereas the linear current at low voltages is mainly due to space charge in the middle of the device, the linear current at high voltage is caused by charge-carrier saturation due to a high degree of injection. As a consequence, the current density at these voltages does not follow the classical square law derived by Mott and Gurney, and we show that for trap-free devices, only for intermediate voltages, a space-charge-limited drift current can be observed with a slope that approaches a value of two. We show that, depending on the thickness of the semiconductor layer and the size of the injection barriers, the two linear current-voltage regimes can dominate the whole voltage range, and the intermediate Mott-Gurney regime can shrink or disappear. In this case, which will especially occur for thicknesses and injection barriers typical of single-carrier devices used to probe organic semiconductors, a meaningful analysis using the Mott-Gurney law will become unachievable, because a square-law fit can no longer be achieved, resulting in the mobility being substantially underestimated. General criteria for when to expect deviations from the Mott-Gurney law when used for analysis of intrinsic semiconductors are discussed.

Exploring the validity and limitations of the Mott-Gurney law for charge-carrier mobility determination of semiconducting thin-films

Science.gov (United States)

Röhr, Jason A.; Moia, Davide; Haque, Saif A.; Kirchartz, Thomas; Nelson, Jenny

2018-03-01

Using drift-diffusion simulations, we investigate the voltage dependence of the dark current in single carrier devices typically used to determine charge-carrier mobilities. For both low and high voltages, the current increases linearly with the applied voltage. Whereas the linear current at low voltages is mainly due to space charge in the middle of the device, the linear current at high voltage is caused by charge-carrier saturation due to a high degree of injection. As a consequence, the current density at these voltages does not follow the classical square law derived by Mott and Gurney, and we show that for trap-free devices, only for intermediate voltages, a space-charge-limited drift current can be observed with a slope that approaches a value of two. We show that, depending on the thickness of the semiconductor layer and the size of the injection barriers, the two linear current-voltage regimes can dominate the whole voltage range, and the intermediate Mott-Gurney regime can shrink or disappear. In this case, which will especially occur for thicknesses and injection barriers typical of single-carrier devices used to probe organic semiconductors, a meaningful analysis using the Mott-Gurney law will become unachievable, because a square-law fit can no longer be achieved, resulting in the mobility being substantially underestimated. General criteria for when to expect deviations from the Mott-Gurney law when used for analysis of intrinsic semiconductors are discussed.

Using Proactive Law for Competitive Advantage

Directory of Open Access Journals (Sweden)

Helena Haapio

2016-12-01

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

Greedy algorithms and Zipf laws

Science.gov (United States)

Moran, José; Bouchaud, Jean-Philippe

2018-04-01

We consider a simple model of firm/city/etc growth based on a multi-item criterion: whenever entity B fares better than entity A on a subset of M items out of K, the agent originally in A moves to B. We solve the model analytically in the cases K  =  1 and . The resulting stationary distribution of sizes is generically a Zipf-law provided M  >  K/2. When , no selection occurs and the size distribution remains thin-tailed. In the special case M  =  K, one needs to regularize the problem by introducing a small ‘default’ probability ϕ. We find that the stationary distribution has a power-law tail that becomes a Zipf-law when . The approach to the stationary state can also be characterized, with strong similarities with a simple ‘aging’ model considered by Barrat and Mézard.

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

Business and human rights: from soft law to hard law?

Directory of Open Access Journals (Sweden)

Ramona Elisabeta Cîrlig

2016-12-01

Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

The Texas Advanced Directive Law: Unfinished Business.

Science.gov (United States)

Kapottos, Michael; Youngner, Stuart

2015-01-01

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

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.

Reforming Ethiopia's Expropriation Law | Abdo | Mizan Law Review

African Journals Online (AJOL)

Mizan Law Review. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 9, No 2 (2015) >. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register · Download this PDF file. The PDF file you selected should load here if ...

14th German nuclear law symposium

International Nuclear Information System (INIS)

Burgi, Martin

2013-01-01

Nuclear law is still relevant and topical. The nuclear power phase-out in response to the nuclear accident of Fukushima and the turnaround in German energy policy raise new legal issues. In several lectures of practioners and scientists the 14th German Nuclear Law Symposium examined questions regarding the retrofitting of nuclear power plants, their decommissioning and disposal, the current developements in the European nuclear and radiation protection law and the search for a final nuclear waste repository. The nuclear law provides examples for central challenges of administrative law, such as the independence of authorities and the protection of third parties. The discussions between the almost 150 participants are documented in several reports.

Contradictions of labor law during elections

Directory of Open Access Journals (Sweden)

Jorge Márquez

2015-10-01

Full Text Available Our article is part of a research to understand Uruguayan labour law through an analysis of the contradictions that arise between the rights and obligations derived from public law rules in the current stage where labour law is dispersed within the voluminous set of rules that conforms Uruguayan law. Our argument focuses particularly on the topic of the working hours that officers and public notaries invest whenever citizenship is convened to vote in the electoral polls, the most important act in a democracy. We hope this publication may arise a debate that contributes to the construction of new rules helping in the creation of a better labour law.

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

Energy Technology Data Exchange (ETDEWEB)

Forkel, H.W.

1988-01-22

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

5 CFR 1201.142 - Actions filed by administrative law judges.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Actions filed by administrative law... AND PROCEDURES PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Actions Against Administrative Law Judges § 1201.142 Actions filed by administrative law judges. An administrative law judge who...

Southern states radiological emergency response laws and regulations

International Nuclear Information System (INIS)

1989-02-01

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

Reciprocity within the framework of nuclear civil liability law

International Nuclear Information System (INIS)

Feldmann, F.J.

1986-01-01

With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

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.

ABOUT THE RECENT INTERPRETATION OF CJEU IN THE MATTER OF UNFAIR TERMS OF CONSUMER CREDIT CONTRACTS RELEVANT MEANINGS FOR THE NATIONAL CASE LAW

Directory of Open Access Journals (Sweden)

Gina Orga-Dumitriu

2014-11-01

Full Text Available The original formula established by the EU legislator for the repression of unfair terms (by the use of the criteria for the establishment of the abusive character – the lack of negotiation of the clause, the significant unbalance between the rights and obligations of the parties and the infringement, by the professional, of the good faith requirement was consolidated by the developments made at case law level through the exercise, by the Court in Luxembourg, of its interpretative function. The study starts with a diachronic view of the solutions that highlighted the manifest tendency of CJEU to provide the effective protection of consumers by the admission of the judicial control performed ex officio over the unfair terms in Océano Grupo, Mostaza Claro and Cofidis, such judgments being also reconfirmed on occasion of the ulterior interventions from Pannon GSM, Asturcom Telecomunicaciones and Pénzügyi Lízing or, with particular reference to the consumer credit contracts, in Banco Español de Crédito and, lately, in Aziz (I. Afterwards, following a general description of the casuistic background of the disputes between credit consumers and banks in Romania (II, the analysis of the juridical meanings of the interpretations related to the recent Kásler case law from the 30th of April 2014, respectively Sánchez Morcillo and Abril García case laws from the 17th of July 2014 may not be extended also by the realistic assessment of the effects thereof in our national law and of the (potential implications that are relevant for the Romanian courts of law (III.

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...

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.

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, among...... 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....

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

Directory of Open Access Journals (Sweden)

M S Pandit

2009-01-01

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

Outsourcing the law firm library: the UK experience

OpenAIRE

Brown, Fiona

2017-01-01

Since 2009, a number of large and leading UK law firms have outsourced their in-house law library and research service to outsource service providers. Integreon, the leading provider of these services in the UK, commenced operations in Australia in 2011. Since that time, a number of other providers of outsourced law library and legal research services have attracted a number of top-tier Australian law firms as clients. These outsource providers are not currently providing law library and lega...

Gene-Editing: Interpretation of Current Law and Legal Policy

OpenAIRE

Kim, Na-Kyoung

2017-01-01

ABSTRACT With the development of the third-generation gene scissors, CRISPR-Cas9, concerns are being raised about ethical and social repercussions of the new gene-editing technology. In this situation, this article explores the legislation and interpretation of the positive laws in South Korea. The BioAct does not specify and regulate 'gene editing' itself. However, assuming that genetic editing is used in the process of research and treatment, we can look to the specific details of the regul...

5 CFR 1201.125 - Administrative law judge.

Science.gov (United States)

2010-01-01

... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

The Hungarian environmental private law under the influence of jus publicum

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Julesz Máté

2016-01-01

Full Text Available The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however

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.

RTI Confusion in the Case Law and the Legal Commentary

Science.gov (United States)

Zirkel, Perry A.

2011-01-01

This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…

Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

A Pictorial Approach to Lenz's Law

Science.gov (United States)

Duffy, Andrew

2018-01-01

This paper describes a pictorial approach to Lenz's law that involves following four steps and drawing three pictures to determine the direction of the current induced by a changing magnetic flux. Lenz's law accompanies Faraday's law, stating that, for a closed conducting loop, the induced emf (electromotive force) created by a changing magnetic…

Reconciling the Mitscherlich's law of diminishing returns with Liebig's law of the minimum. Some results on crop modeling.

Science.gov (United States)

Ferreira, Iuri E P; Zocchi, Silvio S; Baron, Daniel

2017-11-01

Reliable fertilizer recommendations depend on the correctness of the crop production models fitted to the data, but generally the crop models are built empirically, neglecting important physiological aspects related with response to fertilizers, or they are based in laws of plant mineral nutrition seen by many authors as conflicting theories: the Liebig's Law of the Minimum and Mitscherlich's Law of Diminishing Returns. We developed a new approach to modelling the crop response to fertilizers that reconcile these laws. In this study, the Liebig's Law is applied at the cellular level to explain plant production and, as a result, crop models compatible with the Law of Diminishing Returns are derived. Some classical crop models appear here as special cases of our methodology, and a new interpretation for Mitscherlich's Law is also provided. Copyright © 2017 Elsevier Inc. All rights reserved.

Industry offers objections to France's draft petroleum law

International Nuclear Information System (INIS)

Anon.

1992-01-01

This paper reports that France's petroleum industry is protesting parts of a government draft oil law expected to go into effect in January. The law is to be submitted to Parliament this fall and will replace a law that has governed Franc's oil industry operations for most of the century. And while the new law loosens and in some cases scraps controls, officials see costs that will affect the petroleum industry's competitiveness in Europe

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

Directory of Open Access Journals (Sweden)

Laura-Cristiana SPĂTARU-NEGURĂ

2017-05-01

Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

OpenLaws.eu

NARCIS (Netherlands)

Wass, C.; Dini, P.; Eiser, T.; Heistracher, T.J.; Lampoltshammer, T.J.; Marcon, G.; Sageder, C.; Tsiavos, P.; Winkels, R.; Schweighofer, E.; Kummer, F.; Hötzendorfer, W.

2013-01-01

The OPENLAWS.eu project aims to linking existing laws, cases and legal literature throughout the EU and member states and potentially worldwide and at adding new user-friendly functionality for a higher productivity. Furthermore, the project should make it possible to easily publish new legal

Public Values in Water Law: A Case of Substantive Fragmentation?

OpenAIRE

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various institutional levels. This article assesses whether there is substantive fragmentation in water law at the international, the European, the sub-regional (Danube River Basin), and the Dutch domestic level. ...

The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

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Bilal Dewansyah

2015-08-01

Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

Law Enforcement School Programs. Fact Sheet

Science.gov (United States)

Arkansas Safe Schools Initiative Division, 2010

2010-01-01

The school shooting incidents during the decade of the 1990's prompted an increase of law enforcement presence in schools. The School Violence Resource Center (SVRC) at the Criminal Justice Institute (CJI) University of Arkansas System undertook a project to determine what programs law enforcement agencies currently provide in their local schools…

Time development of electric fields and currents in space plasmas

Directory of Open Access Journals (Sweden)

A. T. Y. Lui

2006-05-01

Full Text Available Two different approaches, referred to as Bu and Ej, can be used to examine the time development of electric fields and currents in space plasmas based on the fundamental laws of physics. From the Bu approach, the required equation involves the generalized Ohm's law with some simplifying assumptions. From the Ej approach, the required equation can be derived from the equation of particle motion, coupled self-consistently with Maxwell's equation, and the definition of electric current density. Recently, some strong statements against the Ej approach have been made. In this paper, we evaluate these statements by discussing (1 some limitations of the Bu approach in solving the time development of electric fields and currents, (2 the procedure in calculating self-consistently the time development of the electric current in space plasmas without taking the curl of the magnetic field in some cases, and (3 the dependency of the time development of magnetic field on electric current. It is concluded that the Ej approach can be useful to understand some magnetospheric problems. In particular, statements about the change of electric current are valid theoretical explanations of change in magnetic field during substorms.

China’s Selection of Foreign Laws for Succession in the Late Qing Dynasty

Directory of Open Access Journals (Sweden)

Zhongqiu Zhang

2014-01-01

Full Text Available This article studies the selection of a target country for succession of foreign laws by China of the late Qing Dynasty as well as the channels and approaches based on documentation in the Chinese language. According to this article, the selection was mostly limited by information, the national situation and political system, objectives, international environment, legal tradition as well as human and material resources, of which the national situation, political system and objectives serve as key factors. In this case, historically, China of the late Qing Dynasty looked at the United States, Britain, France and Germany before settling on Japan as the target country for the succession of foreign laws; and with respect to the channels and approaches for the succession, several relatively effective channels and approaches, such as studying aboard, translating foreign texts, making survey trips and hiring foreign experts, were employed. Such selection by China of the late Qing Dynasty for the purpose of succession of foreign laws provide us with useful references for thinking about law succession and the current exchange of laws and cultures b etween China and foreign countries.

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

Science.gov (United States)

Zartner, Dana

2009-01-01

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

The Protection of Consumer’s Rights and the Application of Criminal Law in the Unlawful Operation of Services and Content Service Application

Directory of Open Access Journals (Sweden)

Edmon Makarim

2012-05-01

Full Text Available Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.

The role of formalised and non-formalised intentions in legal parent-child relationships in Dutch law

Directory of Open Access Journals (Sweden)

Machteld Vonk

2008-06-01

Full Text Available This article aims to explore the role that the formalised and non-formalised intentions of legal and prospective parents may play in the attribution of parental status in Dutch law in cases of assisted conception. Such intentions may have been laid down in a contract, have been agreed upon orally or they may not have been expressed and/or agreed upon at all by the parties involved. In the first part of this article the situations in which such intentions may play a role will be inventoried. Subsequently, the (lack of recognition of these intentions in current parent-child law will be discussed. Finally attention will be paid to the desirability of increased recognition of such intentions in Dutch parent-child law.

The zeroth law in quasi-homogeneous thermodynamics and black holes

Directory of Open Access Journals (Sweden)

Alessandro Bravetti

2017-11-01

Full Text Available Motivated by black holes thermodynamics, we consider the zeroth law of thermodynamics for systems whose entropy is a quasi-homogeneous function of the extensive variables. We show that the generalized Gibbs–Duhem identity and the Maxwell construction for phase coexistence based on the standard zeroth law are incompatible in this case. We argue that the generalized Gibbs–Duhem identity suggests a revision of the zeroth law which in turns permits to reconsider Maxwell's construction in analogy with the standard case. The physical feasibility of our proposal is considered in the particular case of black holes.

Russian Law on Discrimination in Employment: Can it be Compatible with International Labor Standards?

Directory of Open Access Journals (Sweden)

Nikita Lyutov

2016-01-01

Full Text Available Law concerning discrimination in employment in Russia was expected to undergo a serious transformation after the fall of the Soviet system, when the Iron Curtain was lifted and the country became more open to Western legal concepts and international law. Nevertheless, most existing anti-discrimination norms in Russian law are based on the traditional concept of “uniformity and differentiation in regulation of labor” that is ill-suited to meet the challenges of amarket economy and the emergence of employment by privately owned enterprises which may have greater motivation to discriminate than state-owned-enterprises. The aim of the author is not to present an encyclopedic overview of all aspects of the topic of discrimination, but rather to concentrate on the most significant areas in which Russian law and practices diverge from international labor standards. To do so, this article analyzes current Russian legislation and landmark cases concerning gender, disability, age and some other areas of discrimination in employment with respect to their effectiveness and conformity to international labor standards on the matter. The issues of a clear definition of discrimination in employment, of protection from indirect discrimination, and of alleviation from the burden of proof are also examined. The author concludes this work by offering the reader several suggestions about how to harmonize Russian domestic law on employment discrimination with international labor standards while giving due respect to national legal and societal traditions and the current economic environment.

Law of health education on first aid

Directory of Open Access Journals (Sweden)

Witold Pawłowski

2018-05-01

Full Text Available Polish law requires all citizens to take action in order to assist in any case, where exist the danger of loss of life and serious bodily injury of victim, even if they can prove to be ineffective. Everyone can become a participant and / or witnessed of the events where human life is endangered. Therefore everyone should have the theoretical knowledge and practical skills in first aid, and know the consequences of inaction in the event of danger to life or health of another human being. The research presents an analysis of legal acts regulating the provision of first aid in Poland. An attempt was made to organize the interpretation presented ideas to the presented material was help and guidance for trainers in first aid. Particular emphasis is placed on the realization, that not helping the man appearing in the position of threatening an imminent danger of death or grievous bodily injury commits a crime by omission. However, first aid in their duties diligently, in accordance with the current guidelines will not conflict with the law.

Generalised relativistic Ohm's laws, extended gauge transformations, and magnetic linking

International Nuclear Information System (INIS)

Pegoraro, F.

2015-01-01

Generalisations of the relativistic ideal Ohm's law are presented that include specific dynamical features of the current carrying particles in a plasma. Cases of interest for space and laboratory plasmas are identified where these generalisations allow for the definition of generalised electromagnetic fields that transform under a Lorentz boost in the same way as the real electromagnetic fields and that obey the same set of homogeneous Maxwell's equations

Simultaneous invention and the patent law

DEFF Research Database (Denmark)

Howells, John

inventions they often find this to challenge the idea that patent law (which rewards only the first inventor with exclusive rights) is needed to encourage invention and innovation. We review the empirical evidence alleged to show that simultaneous invention is prevalent for important inventions. In general...... is typical of important pioneer inventions in both survey evidence and alleged illustrative cases of simultaneous invention. We show this in the cases of Edison, the Wright brothers, the Selden automobile patent vis a vis Ford, Watt and the steam engine. We then point out that patent law inherently ensures...... that patent protection is not extended to near simultaneous inventions. There remain a number of simultaneous inventions discovered through interference proceedings but we find the number too small to mount a serious challenge to the general operation of patent law....

The responsibilities of the in-plant environmental protection officer under civil law and under criminal law

International Nuclear Information System (INIS)

Salje, P.

1993-01-01

The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect? This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.) [de

Contractual and non-contractuall obligations in private international Law

OpenAIRE

Čejková, Martina

2010-01-01

67 8 Summary 8.1 Contractual and Non-contractual Obligations in Private International Law This thesis deals with the European international private law and discusses the current law-crash modification of contractual and non-contractual obligations. Characteristic of the European community is the absence of unification of the substantive law, which is compensated, by the unification of conflict standards. The unification of conflict standards, as an instrument of the international private law,...

Medical malpractice and hernia repair: an analysis of case law.

Science.gov (United States)

Walters, Amanda L; Dacey, Kristian T; Zemlyak, Alla Y; Lincourt, Amy E; Heniford, B Todd

2013-04-01

Litigation analysis and clinician education are essential to reduce the number and cost of malpractice claims. This study evaluates the clinical characteristics and legal outcomes of medical malpractice litigation initiated by patients having undergone a hernia repair operation. Published civil suits were obtained from a legal database for state and federal decisions constituting case law. The published material includes information on defendants, plaintiffs, allegations, outcomes, and a variety of legal issues. A retrospective review of 44 published cases from 25 states was performed. Complications were present in 20 of 44 (45%) suits, four (9%) of which were because of infection. Death occurred in five (11%) cases, and failure to obtain informed consent was alleged in seven (16%) of the suits. Retained foreign bodies were present in 7 of the 44 (16%) suits. Other allegations included incorrect surgical technique, insufficient need for surgery, and emotional distress. Most (64%) patients initiating malpractice litigation were male, and inguinal, hiatal, and ventral hernia repairs account for 39%, 27%, and 14% of cases, respectively. Most suits (40%) were initiated in Southern states. Surgical mesh was indicated in 5 of 44 (11%) suits but four of five were unrelated to the suit. One patient initiated litigation because of the fact that the surgeon did not use mesh during surgery, which was discussed preoperatively during the informed consent. The court ruled in favor of the plaintiff in 12 of 44 (27%) suits, with compensation ranging from roughly $19,000 to $8,000,000. Louisiana and New York had six and seven suits each, which appears disproportionate given their respective populations. Complications and death resulting from alleged clinical negligence play a significant role in both the initiation and the outcome of malpractice litigation. Retained foreign bodies and lack of informed consent account for roughly one-third of malpractice litigation associated with

The right to be forgotten – private law enforcement

NARCIS (Netherlands)

Tjong Tjin Tai, Eric

2016-01-01

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

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

Few Considerations on the Maintenance Obligation in the Romanian Civil Law

Directory of Open Access Journals (Sweden)

Mirela Costache

2017-08-01

Full Text Available Objectives: Recently entered into force, the Romanian Civil Code, systematized on the stable and steady values of the former civil law, reforms the matter of the maintenance obligation, regardless of the source and the legal nature of this obligation. Prior Work: This is the reason why we have chosen this topic and the analysis of the typology to which such an obligation adapts and, of course, the correlative right to which it gives birth. Approach: In our current system of law there are provided different forms of exercising this obligation, preserving, improving, but also innovating, in some aspects, the previous regulation. Specifically, we will relate in this study to a brief analysis of all types of maintenance obligations, generated by two distinct sources: the law and the will of the parties (contract, in this case we are speaking of an obligation based on the law or a contractual obligation. The angle from which we are analyzing this type of obligational relationship between the maintenance creditor and the maintenance debtor also allows us to recall both the passive or active patrimonial side, and also the analysis of the legal characters that it presupposes each of the two above-mentioned generic types of maintenance obligations. Value: Starting from the conceptualization of the maintenance obligation, the present study will be oriented towards the analysis in the current legal context of the doctrinal points of view expressed in the specialized literature, using as a method the documentary research, the interpretative method and the comparative method.

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.

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

Directory of Open Access Journals (Sweden)

Karolina Kremens

2011-12-01

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

REFLECTION ON THE REVISION OF THE BOOK OF THE LAW OF CRIMINAL LAW AND LAW OF CRIMINAL PROCEDURE OF INDONESIA

Directory of Open Access Journals (Sweden)

Marwan Mas

2015-05-01

Full Text Available The Principle of the plan revision or amendment Of the Criminal Law Act and LAW No. 8 of 1981 on the law of criminal procedure (Criminal Code is something that necessarily, because a number of judgments were not in accordance with the conditions of the present. Criminal Code which came into effect in 1915 during colonial times, many judgments which are not in line with people's lives today. For example, the ban showed, offering, or broadcast a preventive tool is pregnant, regulated in article 534 Criminal Code, although that provision had never been repealed as opposed to family planning programs. It's just that, those changes also should look at the reality of the needs of the community, particularly on corruption eradication efforts which should not be weakened. One of the crucial second revision of draft laws that are a number of provisions which could potentially undermine the spirit of the eradication of corruption, including the weakening of the authority of the corruption eradication Commission (KPK in dealing with corruption cases.

The nullum crimen sine iure principle in contemporary International Law

Directory of Open Access Journals (Sweden)

Hector Olásolo Alonso

2014-03-01

Full Text Available This paper deals with the evolution and current content of the nullum crimen sine iure principle in international law. It analyses the development of the nullum crimen principle from its definition as a principle of justice at the end of Second World War, to its current definition as an individual right imposing a limitation upon States’ sovereignty. The article also explains that, nowadays, the nullum cri- men principle requires for the relevant conduct to be a crime at the time of its com- mission, according to any of the sources of criminal law in the relevant national or international legal system. No written law is necessarily required. As a result, accessibility and foreseability are the main elements of the nullum crimen principle in current international law.

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

Science.gov (United States)

Baumberg, Ben; Anderson, Peter

2008-08-01

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 policy) over 'positive integration' (the creation of European alcohol policies). A comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. From looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritize health over trade concerns when considering alcohol policies, providing certain conditions have been met. While a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.

Need for consent of a law extending the operating life of nuclear power plants

International Nuclear Information System (INIS)

Degenhart, Christoph

2010-01-01

The article deals with the question whether a law extending nuclear power plant life beyond the residual periods of time laid down in the law of April 22, 2002 requires consent of the Federal Council. The Atomic Energy Act needed the consent of the Federal Council pursuant to Article 87c, Basic Law, as its Section 24 determines that central functions of licensing and supervision be exercised by the federal states on behalf of the Federal Government. This has not changed after the current version of the norm. Increasing the residual quotas of electricity by amending Annex 3 of Sec.7, Para.1a, Atomic Energy Act, per se does not require consent. This is a substantive provision. Sec.24, Atomic Energy Act, does not need to be amended. The Federal Council, which consented to the original legislation, thus does not bear continued responsibility for the law. Every law must be treated as a separate entity in terms of legislative method. The Federal Council, with its first consent to the piece of legislation, ''approves'' this systemic shift. Renewed consent is required only in case of another systemic shift. This is the case when the provision about administrative responsibility takes on a very different meaning and impact no longer supported by the earlier consent. According to decisions by the Federal Constitutional Court, this expressly applies also to administration by commission. What is required is a comparison of administrative duties before and after entry into force of the amending law; mere quantitative shifts of administrative burdens do not cause a systemic shift. Whether the inclusion of backfitting obligations would be associated with regulations in administrative procedures has not been decided. In its ruling of May 4, 2010, the Federal Constitutional Court confirms that these do not require consent within the framework of Art.85 Para.1, Basic Law. (orig.)

Stillbirth and the law: options for law reform and issues for the coronial jurisdiction.

Science.gov (United States)

Freckelton, Ian

2013-09-01

In spite of its relative frequency, stillbirth is a phenomenon that has been relatively little discussed and requires further research for comprehensive clinical understanding. It impacts upon the legal system by way of the need to determine whether a life has come into being such that legal consequences such as criminal law, probate law and the coronial jurisdiction can attach to it. This requires contemporary clinically informed interpretation and application of the ancient "born alive rule" in respect of the ramifications of matters such as pulseless electrical activity in the heart, brain activity and agonal gasping. In the coronial domain, arguments have been put in South Australia, Victoria and Northern Ireland in recent cases and discussion has taken place publicly about whether coroners should be permitted to investigate and make findings and recommendations about cases of stillbirth. The article identifies merit in principle in such a development but highlights the need for care about such reform to the law lest it engender inconsistency in respect of important threshold definitions of "life" and "death" lest it generate incoherent approaches of the law on the subject, and lest it have unforeseen counter-therapeutic consequences for the grieving parents of infants who have been stillborn. It notes, too, that such a change to the ambit of coronial jurisdiction would have important resourcing ramifications.

Quantum Law of Motion: Analysis and Extension to Higher Dimensions

OpenAIRE

Bouda, A.; Gharbi, A.

2008-01-01

In this paper, we review the recently formulated quantum laws of motion and provide new observations. We also extend these laws to higher dimensions. By applying in two dimensions the obtained relations to charge submitted to an electric central potential, we decide between these laws. Furthermore, we extend the selected law to the relativistic case in higher dimensions.

Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

Nuclear Energy Law and Arbo Law/Safety Law

International Nuclear Information System (INIS)

Eijnde, J.G. van den

1986-01-01

The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

International Space Law

Directory of Open Access Journals (Sweden)

M. Lits

2017-01-01

Full Text Available It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.

Atomic Energy Law with ordinances. 9. ed.

International Nuclear Information System (INIS)

Anon.

1982-01-01

The revised edition of the text is due to a variety of major changes in, and amendments to, the German Atomic Energy Law. This book includes the current version of the Atomic Energy Law which has been changed several times, the 1982-version of the ordinace concerning procedures laid down in the Atomic Energy Law, the 1976 radiation protection ordinance together with recent amendments, the 1973 X-ray ordinance, the 1977 financial security ordinance laid down in the Atomic Energy Law, the 1981 ordinance concerning costs, the ordinance concerning performance in anticipation of ultimate disposal. The book is a compilation of the basic Atomic Energy Law which is needed mostly for imminent practical requirements. (orig./HSCH) [de

Criminal Law in Denmark

DEFF Research Database (Denmark)

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

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

DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

Directory of Open Access Journals (Sweden)

Cătălina-Adriana Ivănuș

2013-11-01

Full Text Available The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all conceps of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment. I also examine the application of discrimination by association to grounds other than disability.

Sociodemographic characteristics and aggression quotient among children in conflict with the law in India: A case-control study.

Science.gov (United States)

Gupta, Archit; Biddala, Ooha Susmita; Dwivedi, Mandavi; Variar, Prathyaksha; Singh, Aparna; Sen, Soham; Bhat, P Shivaram; Kunte, Renuka; Nair, Velu; Shankar, Subramanian

2015-01-01

The incidence of juvenile delinquency has increased in the past decade in India and juvenile crimes are increasingly being reported. This has been attributed to many biopsychosocial factors. It is essential to understand these issues in the context of India to determine the response of acts of children in conflict with the law. We aimed to assess the sociodemographic characteristics and the aggression quotient of children in conflict with the law (juvenile delinquents) in observation homes across India and compare them with those who were not. We did a case-control study in five juvenile homes in the cities of Hyderabad, Lucknow and Pune. Ninety inmates (74 boys, 16 girls) were included in the study. Sociodemographic characteristics and aggression quotient of children in conflict with the law were evaluated using two separate questionnaires, i.e. a sociodemographic questionnaire and the modified Buss and Perry aggression questionnaire. These were compared with a control group of similar age, sex and income status. All the children in conflict with the law surveyed belonged to the lower socioeconomic strata, had a significantly higher chance (pbroken homes, have addictions, jailed family members and suffered physical and sexual abuse than controls. They also scored higher on all domains of the aggression questionnaire than controls. A collection of sociodemographic attributes such as broken homes, addictions and abuse seem to have an important association with juvenile delinquency. Children in conflict with the law are also more likely to be associated with a higher aggression quotient as compared to children who were not. Copyright 2015, NMJI.

Using the Case Study Method in Teaching College Physics

Science.gov (United States)

Burko, Lior M.

2016-01-01

The case study teaching method has a long history (starting at least with Socrates) and wide current use in business schools, medical schools, law schools, and a variety of other disciplines. However, relatively little use is made of it in the physical sciences, specifically in physics or astronomy. The case study method should be considered by…

Scaling laws for radial foil bearings

Science.gov (United States)

Honavara Prasad, Srikanth

The effects of fluid pressurization, structural deformation of the compliant members and heat generation in foil bearings make the design and analysis of foil bearings very complicated. The complex fluid-structural-thermal interactions in foil bearings also make modeling efforts challenging because these phenomena are governed by highly non-linear partial differential equations. Consequently, comparison of various bearing designs require detailed calculation of the flow fields (velocities, pressures), bump deflections (structural compliance) and heat transfer phenomena (viscous dissipation in the fluid, frictional heating, temperature profile etc.,) resulting in extensive computational effort (time/hardware). To obviate rigorous computations and aid in feasibility assessments of foil bearings of various sizes, NASA developed the "rule of thumb" design guidelines for estimation of journal bearing load capacity. The guidelines are based on extensive experimental data. The goal of the current work is the development of scaling laws for radial foil bearings to establish an analytical "rule of thumb" for bearing clearance and bump stiffness. The use of scale invariant Reynolds equation and experimentally observed NASA "rule of thumb" yield scale factors which can be deduced from first principles. Power-law relationships between: a. Bearing clearance and bearing radius, and b. bump stiffness and bearing radius, are obtained. The clearance and bump stiffness values obtained from scaling laws are used as inputs for Orbit simulation to study various cases. As the clearance of the bearing reaches the dimensions of the material surface roughness, asperity contact breaks the fluid film which results in wear. Similarly, as the rotor diameter increases (requiring larger bearing diameters), the load capacity of the fluid film should increase to prevent dry rubbing. This imposes limits on the size of the rotor diameter and consequently bearing diameter. Therefore, this thesis aims

Democracy, judicial attitudes and heterogeneity: the civil versus common law tradition

NARCIS (Netherlands)

Guerriero, C.

2010-01-01

A key feature of legal systems is the law making institution used to aggregate citizens' preferences over the harshness of punishment. While under Case law appellate judges' biases offset one another at the cost of volatility of the law, under Statute law the Legislator chooses certain rules that

Case law

International Nuclear Information System (INIS)

Anon.

2007-01-01

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.)

Nonlinear self-adjointness, conservation laws, and the construction of solutions of partial differential equations using conservation laws

International Nuclear Information System (INIS)

Ibragimov, N Kh; Avdonina, E D

2013-01-01

The method of nonlinear self-adjointness, which was recently developed by the first author, gives a generalization of Noether's theorem. This new method significantly extends approaches to constructing conservation laws associated with symmetries, since it does not require the existence of a Lagrangian. In particular, it can be applied to any linear equations and any nonlinear equations that possess at least one local conservation law. The present paper provides a brief survey of results on conservation laws which have been obtained by this method and published mostly in recent preprints of the authors, along with a method for constructing exact solutions of systems of partial differential equations with the use of conservation laws. In most cases the solutions obtained by the method of conservation laws cannot be found as invariant or partially invariant solutions. Bibliography: 23 titles

Cell-Based Veterinary Pharmaceuticals - Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union.

Science.gov (United States)

Faltus, Timo; Brehm, Walter

2016-01-01

Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.

Law-and-Education Research: Past and Future.

Science.gov (United States)

Yudof, Mark G.

1979-01-01

The author traces the development of this new field of legal study concerning the interface of law and educational policy. Finding the field's current approach misdirected through overemphasis on reform and the Constitution, he suggests a new paradigm, law-in-action, with a broader focus drawn from related disciplines. (SJL)

The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

Directory of Open Access Journals (Sweden)

Luciane Klein Vieira

2016-06-01

Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

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 .

Intellectual property law and competition law in China - Analysis of the current framework and comparison with the EU approach

Directory of Open Access Journals (Sweden)

Yeung Nga Man

2014-05-01

Full Text Available In this paper Yeung Nga Man looks at the question of protection of intellectual property rights in the Chinese legal system with comparative reference to policy and practice in the European Union. What is the best way to stimulate competition but yet also protect innovation? Part I of the essay examines the present IPRs protection in China. In Part II, contrary to the myth that competition and IP law conflict with one another, the author argues that both foster innovation and development, and enhance consumer welfare. Part III discusses the competition law regime in China with a specific focus on AML and evaluation of the enforcement of the regime. Part IV outlines the European Union approach, which China might consider adopting. Part V discusses the Block Exemptions approach from the E.U. on horizontal agreements.

78 FR 75251 - Changes To Implement the Patent Law Treaty; Correction

Science.gov (United States)

2013-12-11

...-2013-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty; Correction AGENCY: United States... Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that... practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of...

[Liability of pediatric nurses for professional negligence in Taiwan: a case study].

Science.gov (United States)

Huang, Hui-Man; Sun, Fan-Ko

2014-04-01

Liability attribution and professional negligence in pediatric nursing are topics that have been neglected in Taiwan. (1) Identify the definitions of related criminal activities in accordance with domestic criminal law; (2) Elucidate the facts and the dispute in a current case involving a pediatric nurse; (3) Elucidate the principle of 'no punishment without law'; (4) Explore the reasons why the pediatric nurse in the current case received a verdict of 'not guilty'. A literature review and case study approach were used to analyze a sentence reconsideration of the first instance No. 1 (2011) issued by the Taiwan high court, Kaohsiung branch court. The conditions for the scrutiny of criminal activity under Taiwan criminal law are statement of facts, illegality (justifiable cause), and liability (excuse). In this case, the pediatric nurse was accused of failing to prevent an infant from suffocation and of not discharging her obligations as a nurse. The pediatric nurse rebutted the charge of criminal negligence. The intervening behaviors of the pediatric nurse were found to be legal and not culpable. In this case, the High Court and Supreme Court made a final criminal judgment based on the presumption of innocence, and the pediatric nurse was pronounced innocent of the charge. This article intends to assist pediatric nurses understand their liabilities under Taiwan's criminal law. Pediatric nurses should gain a better understanding of the nature of liability for professional negligence in order to clarify how actions that may be illegal do not necessarily make nurses culpable.

Motion laws synthesis for cam mechanisms with multiple follower displacement

Science.gov (United States)

Podgornyj, Yu I.; Skeeba, V. Yu; Kirillov, A. V.; Martynova, T. G.; Skeeba, P. Yu

2018-03-01

The research discusses the cam mechanisms design. The analysis of specialized literature indicates that the synthesis of the cam mechanisms laws of motion is currently done mainly by a standard set of acceleration curves. In some cases, the designer needs to synthesize a new acceleration law which should be task-specific and enforce a certain production step. The values of the technological loads and inertia forces loads generated by the mechanism are calculated to analyze the slay mechanism behavior in the production of closely woven fabrics. Mathematical packages MathCad and SolidWorks are used in calculations. As a result of the research, the authors propose the methodology for synthesizing the slay mechanism with multiple follower displacements for the point of contact between the reed and the fabric edge. Theoretical studies have been tested on a specific machine model (STB loom). The authors have synthesized the motion law of the filling threads beat-up mechanism for the production of strong fabrics. New basic and closing cam profiles are proposed. The results are designed to enhance the possibilities of the looms and to recommend the most efficient equipment operation modes for the producers.

The gravitational analog of Faraday's induction law

Science.gov (United States)

Zile, Daniel; Overduin, James

2015-04-01

Michael Faraday, the discoverer of electromagnetic induction, was convinced that there must also be a gravitational analog of this law, and he carried out drop-tower experiments in 1849 to look for the electric current induced in a coil by changes in gravitational flux through the coil. This work, now little remembered, was in some ways the first investigation of what we would now call a unified-field theory. We revisit Faraday's experiments in the light of current knowledge and ask what might be learned if they were to be performed today. We then review the gravitational analog for Faraday's law that arises within the vector (or gravito-electromagnetic) approximation to Einstein's theory of general relativity in the weak-field, low-velocity limit. This law relates spinning masses and induced ``mass currents'' rather than spinning charges and electric currents, but is otherwise remarkably similar to its electromagnetic counterpart. The predicted effects are completely unobservable in everyday settings like those envisioned by Faraday, but are thought to be relevant in astrophysical contexts like the accretion disks around collapsed stars, thus bearing out Faraday's remarkable intuition. Undergraduate student.

The issue of surrogacy in Czech law.

Science.gov (United States)

Lojková, Jana

2012-03-01

Surrogacy is thought to be one of the most controversial methods of assisted reproduction. It involves cases where a commissioning couple asks a surrogate mother to give birth to a child that will be conceived from their egg and sperm because the woman from the commissioning couple is not able to bear the child to full term herself. They conclude an agreement where the surrogate mother binds herself to terminate all her parental rights to the child immediately after the child's birth and to delegate them together with the child to the commissioning couple. Ethical dilemmas concerning the issue of surrogacy together with all the possibilities of today's globalised world that enable infertile couples to find surrogate mothers abroad in case the legal regulations of their country put a ban on it create a space for a legislator to try to find a solution that will avoid all the risks and highlight a number of positives on the other hand. A Czech legislator is currently trying to find this solution and even though there are few children demonstrably born to surrogate mothers in the Czech Republic, the whole process of surrogacy still proceeds in a legal vacuum at the moment. We can only find the legal definition of a mother of a child as a woman that gives him or her birth and a provision of law that makes all the legal acts that evade the law void. Some practical consequences of this situation will be described in the text together with possibilities and the inspiration that comes from foreign legal regulations and cases.

Closing responsibilities: decommissioning and the law

International Nuclear Information System (INIS)

Macrory, R.

1990-01-01

Laws change over time, with the times. Interpretations of old laws shift and the need for new laws emerges. There are endless reasons for these necessary changes, but the basic impetus is the changing nature of societal circumstance. Fifty years ago there were no laws directly governing nuclear power in any way. Today we know that nuclear power touches people from their wallets to their descendants. Currently, many laws related to nuclear power are in place, laws which protect all sectors of society from electricity generating bodies to a newborn child, and the Chernobyl accident has broadened the legal ramifications of nuclear power even more. This expanding body of nuclear law reflects our expanding understanding of nuclear power from its technical beginnings to its societal consequences and implications. The law is now beginning to reflect the growing significance of decommissioning. What are the relationships between decommissioning and the existing laws, government agencies, and policies? Ironically, although the UK will lead the world in addressing decommissioning responsibilities, there are no explicit laws in place to govern the process. In the absence of specific legislation governing decommissioning, the primary responsibilities fall to the operators of the power plants, a circumstance not lost on those involved in privatization. In this chapter, the wide and varied legal ramifications of decommissioning are examined. (author)

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

Law and Literature

DEFF Research Database (Denmark)

Simonsen, Karen-Margrethe; Tamm, Ditlev

2017-01-01

This article presents an introduction to the field of law and literature in Denmark and a legal and literary reading of one of the Western world’s first crime stories, The Pastor of Vejlbye, written by the Danish writer, Steen Steensen Blicher, in 1829. This is a story that is based on a true case...

Nuclear Law Bulletin No. 92 - Volume 2013/2

International Nuclear Information System (INIS)

Chennoufi, F.; Pelzer, N.; Martirosyan, A.; Cook, H.; Fischer, D.; Clark, S.; Rothschild, T.; Touitou-Durand, F.; Guezou, O.; Manson, S.; Tafili, V.; Bolger, I.; Majerus, P.; Sieczak, K.; Sousa-Ferro, M.; Pospisil, M.; Skraban, A.; Portmann-Bochsler, F.; Shvytai, V.; Puig, D.; Durand, A.; Rivera, S.; Reyners, P.; Ryan-Taix, V.

2013-01-01

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

The current state of Contract Law in Australia and why it is important for rural managers to understand it

OpenAIRE

Smith, Tony

2011-01-01

Farmers are business managers and as such they must understand the law or they are likely to fall foul of it. This especially applies to contract law, with which they deal constantly. Contract law is made up of the common law – as the courts have decided it – and statute law- as the state and federal parliaments have enacted statutes which modify the common law. The most important and most recent of the latter is the new Australian Consumer Law.

A note on poroacoustic traveling waves under Forchheimer's law

International Nuclear Information System (INIS)

Jordan, P.M.

2013-01-01

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

Corporate Social Responsibility: what role for law?

DEFF Research Database (Denmark)

Buhmann, Karin

2006-01-01

, the article questions the conception that CSR is to do “more than the law requires”. CSR is discussed with the triple bottom line as a point of departure, focussing on social (esp. labour and human rights) and environmental dimensions. It is argued that CSR functions as informal law, and that important...... principles of law function as part of a general set of values that guide much action on CSR. Furthermore, it is argued that aspects of law in the abstract as well as in the statutory sense and as self-regulation influence the substance, implementation and communication of CSR, and that the current normative...

Statutory Law, Patriarchy and Inheritance: Home ownership among ...

African Journals Online (AJOL)

inheritance customs, which in many cases discriminate against women. While one would expect the inheritance statutory law to protect the widow, instead it supports the cultural image ideology that encourages male dominance. The intestate succession law guarantees the widow only the user rights to the matrimonial ...

The South China Sea Dispute: Perspective of International Law

OpenAIRE

Ma, Xuechan

2016-01-01

This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.

Cell-Based Veterinary Pharmaceuticals – Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union

Science.gov (United States)

Faltus, Timo; Brehm, Walter

2016-01-01

Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States. PMID:27965965

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

International Nuclear Information System (INIS)

Font-Clos, Francesc; Corral, Álvaro; Boleda, Gemma

2013-01-01

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)

The role of angular momentum conservation law in statistical mechanics

Directory of Open Access Journals (Sweden)

I.M. Dubrovskii

2008-12-01

Full Text Available 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 only on particle momenta canonically conjugated with Cartesian coordinates being their diagonal quadric form,the angular momentum conservation law changes the density of distribution of the system only in case the full angular momentum of a system is not equal to zero. In the gas of charged particles in a uniform magnetic field the density of distribution also varies if the angular momentum is zero [see Dubrovskii I.M., Condensed Matter Physics, 2206, 9, 23]. Two-dimensional gas of charged particles located within a section of an endless strip filled with gas in magnetic field is considered. Under such conditions the angular momentum is not conserved. Directional particle flows take place close to the strip boundaries, and, as a consequence, the phase trajectory of the considered set of particles does not remain within the limited volume of the phase space. In order to apply a statistical thermodynamics method, it was suggested to consider near-boundary trajectories relative to a reference system that moves uniformly. It was shown that if the diameter of an orbit having average thermal energy is much smaller than a strip width, the corrections to thermodynamic functions are small depending on magnetic field. Only the average velocity of near-boundary particles that form near-boundary electric currents creating the paramagnetic moment turn out to be essential.

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

Science.gov (United States)

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

2009-03-01

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

The Arbitration Law of the Dubai International Finance Centre

OpenAIRE

Luttrell, S.R

2008-01-01

The latest and most ambitious Free Financial Zone in the United Emirates is theDubai International Finance Centre (DIFC). The DIFC was set up in 2004. It has its own courts andjudicial system. It also has its own arbitration law. The DIFC arbitration law is in a process ofreview. A Model Law instrument is expected late in 2008. It is intended to explain some of theprovisions of the current DIFC arbitration law and to assist those using it.

Law, Economic Growth and Human Development: Evidence from Africa

OpenAIRE

Asongu Simplice

2011-01-01

This paper cuts adrift the mainstream approach to the legal-origins debate on the law-growth nexus by integrating both overall economic and human components in our understanding of how regulation quality and the rule of law lie at the heart of economic and inequality adjusted human developments. Findings summarily reveal that legal-origin does not explain economic growth and human development beyond the mechanisms of law. Our results support the current consensus that, English common-law coun...

Jurisdiction in international law : United States and European perspectives

OpenAIRE

Ryngaert, Cedric

2007-01-01

This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

The Fusion of International and Domestic Law in a Globalised World

Directory of Open Access Journals (Sweden)

Karolina Aksamitowska

2017-08-01

Full Text Available Keywords: death penalty; capital cases; discrimination litigation; standard of proof; fair trial and equality protection; postconflict justice and transition; Islamic law; Shari’a; international humanitarian law; international human rights law; extremism, political violence, Islamism; freedom of expression; terrorism, extremism, counter-terrorism, counter-extremism; Article 19 International Covenant on Civil and Political Rights; Abuse of rights; Directive 2004/38; Court of Justice of the European Union; Marshall Islands Cases; ICJ; Electronic waste; sustainable development; WTO, GATT, TBT Agreement

Do Scandinavian Care about international law?

DEFF Research Database (Denmark)

Wind, Marlene

2016-01-01

Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War....... This article presents original and comprehensive data on three Scandinavian courts' citation practice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly little with international law, but also that there is great variation in the degree to which they have domesticated...... international law and courts by citing their case law. Building on this author's previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism has influenced a much...

African notion of the natural law | Okpo | Sophia: An African Journal ...

African Journals Online (AJOL)

This paper examines the concept of natural law, especially from the African perspective. It contends that natural law is something universal, and this being the case, Africa has its own version of it. Africa's conception of natural law is anchored on the notion of the supreme duty as the giver of the law, and morality – the ...

Mistake and non-disclosure of facts: models for English contract law

NARCIS (Netherlands)

Beale, H.

2012-01-01

This book examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who

Hint of Universal Law for the Financial Gains of Competitive Sport Teams. The case of Tour de France cycle race.

Science.gov (United States)

Ausloos, Marcel

2017-12-01

This short note is intended as a "Letter to the Editor" Perspective in order that it serves as a contribution, in view of reaching the physics community caring about rare events and scaling laws and unexpected findings, on a domain of wide interest: sport and money. It is apparent from the data reported and discussed below that the scarcity of such data does not allow to recommend a complex elaboration of an agent based model, - at this time. In some sense, this also means that much data on sport activities is not necessarily given in terms of physics prone materials, but it could be, and would then attract much attention. Nevertheless the findings tie the data to well known scaling laws and physics processes. It is found that a simple scaling law describes the gains of teams in recent bicycle races, like the Tour de France. An analogous case, ranking teams in Formula 1 races, is shown in an Appendix

Law Enforcement Strategies for Preventing Rail Trespassing Risk Factors.

Science.gov (United States)

2016-03-01

The Volpe Center has investigated law enforcement methods that have successfully prevented trespassing along the railroad right of way. The types of law enforcement strategies currently being used and procedures followed in the field are documented, ...

CONSIDERATIONS ON AMENDING AND SUPPLEMENTING LAW NO. 279/2005 ON APPRENTICESHIP AT WORK BY LAW NO. 179/2013

Directory of Open Access Journals (Sweden)

Brîndușa Oana Vartolomei

2013-11-01

Full Text Available Changes and additions made to the Law on apprenticeship contract and call into question the manner in which the Romanian legislator understands that give efficiency to this legal institutions. The scientific research aims to identify substantive changes made to the legal text by Law no. 179/2013 and to explore opportunities in the current context of national and European legislation.

Schools and the Law: A Patron's Introspection

Science.gov (United States)

Colton, Paul

2009-01-01

In Ireland, where education at both primary and second level is overwhelmingly denominational in character, patronage is exercised, in the main, by religious patrons. This article is an introspective analysis of current legal issues as they face one patron and schools under his patronage; it looks at the intersection of civil law with Church law;…

Developing Scots criminal law: a shift in responsibility?

OpenAIRE

Chalmers, James

2017-01-01

Notes that the Scottish courts have made few significant changes to the criminal law system in recent years while the Scottish Parliament has been more active in this area. Comments on how this law reform has mainly been triggered by particular cases or controversies instead of being proactive.

Truncated Wigner dynamics and conservation laws

Science.gov (United States)

Drummond, Peter D.; Opanchuk, Bogdan

2017-10-01

Ultracold Bose gases can be used to experimentally test many-body theory predictions. Here we point out that both exact conservation laws and dynamical invariants exist in the topical case of the one-dimensional Bose gas, and these provide an important validation of methods. We show that the first four quantum conservation laws are exactly conserved in the approximate truncated Wigner approach to many-body quantum dynamics. Center-of-mass position variance is also exactly calculable. This is nearly exact in the truncated Wigner approximation, apart from small terms that vanish as N-3 /2 as N →∞ with fixed momentum cutoff. Examples of this are calculated in experimentally relevant, mesoscopic cases.

Nuclear Law Bulletin No. 99. Volume 2017/1

International Nuclear Information System (INIS)

Burns, Stephen G.; Lamm, Vanda; Pelzer, Norbert; Popov, A.; ); Chirtes, A.P.; ); Raetzke, C.; Chennoufi, F.; Beyens, M.; Vandeputte, G.; Saric, J.; Touitou-Durand, F.; Pelzer, N.; Adomaityte, U.; Pavlovic, P.; Skraban, A.; Carroll, S.; Averbach, A.; Brown, O.; Irving, I.; Joyner, D.

2017-01-01

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: 'Reformed and reforming: Adapting the licensing process to meet new challenges'; 'Reflections on the development of international nuclear law'; and 'Facing the challenge of nuclear mass tort processing'

Fraying at the Edges: UK Surrogacy Law in 2015.

Science.gov (United States)

Horsey, Kirsty

2016-11-01

This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK's law on surrogacy—in particular its provisions regarding eligibility for parental orders—is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.

Scaling laws for coastal overwash morphology

Science.gov (United States)

Lazarus, Eli D.

2016-12-01

Overwash is a physical process of coastal sediment transport driven by storm events and is essential to landscape resilience in low-lying barrier environments. This work establishes a comprehensive set of scaling laws for overwash morphology: unifying quantitative descriptions with which to compare overwash features by their morphological attributes across case examples. Such scaling laws also help relate overwash features to other morphodynamic phenomena. Here morphometric data from a physical experiment are compared with data from natural examples of overwash features. The resulting scaling relationships indicate scale invariance spanning several orders of magnitude. Furthermore, these new relationships for overwash morphology align with classic scaling laws for fluvial drainages and alluvial fans.

Necessity as a ground for precluding wrongfulness in international investment law

Directory of Open Access Journals (Sweden)

Vasiljević Mirko

2016-01-01

Full Text Available The issue of necessity as a ground for precluding wrongfulness has received close attention over the last two decades both in case law and in scholarly writings. Arbitrations conducted against Argentina for breaches of bilateral investment treaty obligations committed while fighting against economic crisis revived the old controversies related to the concept of necessity in general public international law, but also brought up some new dilemmas. This paper analyses the use of necessity in international investment law in light of what the authors suggest to be the legal purpose of this concept, points to and discusses the divergences in case law with respect to some of the elements of the defence based on necessity and offers the solutions susceptible to lead to a more harmonious understanding of necessity in international investment law.