WorldWideScience

Sample records for current case law

  1. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

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

  2. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

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

  3. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

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

  4. Mental Retardation and the Law: A Report on Status of Current Court Cases.

    Science.gov (United States)

    Friedman, Paul; Beck, Ronna Lee

    Included in the report are summaries of four new cases and updated information on 38 cases regarding legal issues in mental retardation. Featured is a review of cases dealing with liability of judges and lawyers in violating the rights of mentally retarded persons. Other issues addressed (with sample court case in parentheses) include commitment…

  5. Aktuelles Vaterschaftsrecht Current Paternity Law

    Directory of Open Access Journals (Sweden)

    Silvia C. Groppler

    2004-07-01

    Full Text Available Das Fachbuch enthält eine sehr vollständige Übersicht über die Entwicklung und die derzeitige rechtliche Situation im Bereich der Vaterschaftsfeststellung und -anfechtung. Das Buch ist in erster Linie für Praktiker/-innen geschrieben, also insbesondere für Familienrichter/-innen, Jugend- und Standesämter sowie für Anwälte und Anwältinnen, die auf dem Gebiet des Vaterschaftsrechts tätig sind. Es ist aber auch geeignet für all diejenigen, die juristisch mit Vaterschaftsproblemen zu tun haben und sich einen fundierten Überblick verschaffen wollen bzw. das Buch als Nachschlagewerk zu einzelnen Problemfeldern des Vaterschaftsrechts nutzen wollen.This specialized book contains a complete overview of the development and current legal situation in the area of the determination and contestation of paternity. The book is primarily written for practitioners, especially for family judges, youth and registry offices, as well as for male and female lawyers who work in the field of paternity law. But it is also suitable for those who deal with legal paternity problems and would like to gain a sound overview, i.e. would like to use the book as a reference work for specific problem areas of paternity law.

  6. Ohm's law for a current sheet

    Science.gov (United States)

    Lyons, L. R.; Speiser, T. W.

    1985-01-01

    The paper derives an Ohm's law for single-particle motion in a current sheet, where the magnetic field reverses in direction across the sheet. The result is considerably different from the resistive Ohm's law often used in MHD studies of the geomagnetic tail. Single-particle analysis is extended to obtain a self-consistency relation for a current sheet which agrees with previous results. The results are applicable to the concept of reconnection in that the electric field parallel to the current is obtained for a one-dimensional current sheet with constant normal magnetic field. Dissipated energy goes directly into accelerating particles within the current sheet.

  7. Current state of US breastfeeding laws.

    Science.gov (United States)

    Nguyen, Thu T; Hawkins, Summer Sherburne

    2013-07-01

    This study systematically examined state-level laws protecting breastfeeding, including their current status and historical development, as well as identified gaps across US states and regions. The National Conference of State Legislatures summarised breastfeeding laws for 50 states and DC as of September 2010, which we updated through May 2011. We then searched LexisNexis and Westlaw to find the full text of laws, recording enactment dates and definitions. Laws were coded into five categories: (1) employers are encouraged or required to provide break time and private space for breastfeeding employees; (2) employers are prohibited from discriminating against breastfeeding employees; (3) breastfeeding is permitted in any public or private location; (4) breastfeeding is exempt from public indecency laws; and (5) breastfeeding women are exempt from jury duty. By May 2011, 1 state had enacted zero breastfeeding laws, 10 had one, 22 had two, 12 had three, 5 had four and 1 state had laws across all five categories. While 92% of states allowed mothers to breastfeed in any location and 57% exempted breastfeeding from indecency laws, 37% of states encouraged or required employers to provide break time and accommodations, 24% offered breastfeeding women exemption from jury duty and 16% prohibited employment discrimination. The Northeast had the highest proportion of states with breastfeeding laws and the Midwest had the lowest. Breastfeeding outside the home is protected to varying degrees depending on where women live; this suggests that many women are not covered by comprehensive laws that promote breastfeeding. © 2012 John Wiley & Sons Ltd.

  8. Using Surveys to Track Student Sexual Behavior and Attitudes in the Public Schools: Current Case Law and Future Implications

    Science.gov (United States)

    Bullis, Ronald K.

    2008-01-01

    Two recent federal court cases have addressed the constitutionality of using sexual surveys in public schools. This article compares these cases with an earlier case dealing with the same issue but reaching different results. This article also describes the constitutional rights of parents to educate their children and the school's rights to…

  9. Government Contract Law Cases.

    Science.gov (United States)

    1983-10-01

    exoner company s on the d total orari ly ined. A e spirit are not (a)(9 tly e Howe rd co f the ated, which theo parti suspe ny ot...e n d case the d i s i o n ontra and, on t parties, ethod of ake theo F. 2d 9 i s h i n g A ites sym eprocure 1 j u d g m e the prim...provisions to create an ambiguity. Jansen v. United States, supra, at 356, 344 F. 2d at 370. Plaintiff’s interpretation of the specifications is not

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

    Science.gov (United States)

    Buschauer, Robert

    2013-12-01

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

  11. The Case Law on Gifted Education: A New Look

    Science.gov (United States)

    Zirkel, Perry A.

    2004-01-01

    To fill a gap in the literature, this article provides a comprehensive, concise, and current overview of the case law -- specifically, published hearing/review officer and court decisions -- concerning gifted education for K-12 students. This case law represents two distinct groups: "gifted alone," designating students whose legal status is…

  12. Euthanasia: is there a case for changing the law?

    Science.gov (United States)

    Griffith, Richard

    2007-06-01

    Calls for a change in the law to allow strictly controlled forms of voluntary euthanasia and assisted dying in the United Kingdom continue following two recent cases. In this article Richard Griffith reviews the current stance of the law on euthanasia and assisted dying and discusses attempts at reform made by Lord Joffe in the Assisted Dying for the Terminally Ill Bill 2005 (HL).

  13. An Unbroken Axial Vector Current Conservation Law

    CERN Document Server

    Sharafiddinov, Rasulkhozha S

    2015-01-01

    The mass, energy and momentum of the neutrino of a true flavor have an axial-vector nature. As a consequence, the left-handed truly neutral neutrino in an axial-vector field of emission can be converted into a right-handed one and vice versa. This predicts the unidenticality of masses, energies and momenta of neutrinos of the different components. Recognizing such a difference in masses, energies, momenta and accepting that the left-handed axial-vector neutrino and the right-handed antineutrino of true neutrality refer to long-lived C-odd leptons, and the right-handed truly neutral neutrino and the left-handed axial-vector antineutrino are of short-lived fermions of C-oddity, we would write a new CP-even Dirac equation taking into account the flavor symmetrical axial-vector mass, energy and momentum matrices. Their presence explains the spontaneous mirror symmetry violation, confirming that an axial-vector current conservation law has never violated. They reflect the availability of a mirror Minkowski space i...

  14. Contemporary Business Law : The Case Banksy

    Directory of Open Access Journals (Sweden)

    Marisa Forghieri

    2016-06-01

    Full Text Available The interaction between business law and art galleries is hit by the work of the English artist Banksy. This article addresses new prospects for urban artists and business law in contemporary times. This paper presents, under an interdisciplinary perspective, some areas of application of business law, especially the protection, or not, of intellectual property, in the case of urban works of art. The article presents the case Banksy and his work in the urban environment, sometimes in public property, sometimes in private buildings, and, from a historical review of the protection of intellectual property, especially in the case of protection of a work of arts, this text examines the challenges that the unusual creation of Banksy presents to contemporary business law.

  15. 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…

  16. The Case Law on Student Teachers' Rights

    Science.gov (United States)

    Karanxha, Zorka; Zirkel, Perry A.

    2008-01-01

    The article provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, or suing party, and the defendant was an institution of higher education and/or the cooperating local school district. There were 28 of these court decisions, and the outcomes favored the defendant institutions in 23 of them…

  17. The European Emissions Trading Scheme case law

    NARCIS (Netherlands)

    van Zeben, J.A.W.

    2009-01-01

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

  18. 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.

  19. Demonstration of Kirchhoff's First Law for Pure Spin Currents

    Science.gov (United States)

    Batley, Joseph; Rosamond, M. C.; Ali, M.; Linfield, E. H.; Burnell, G.; Hickey, B. J.

    In conventional electronics a fundamental component of circuit design is the principle of fan-out, which allows multiple operations to be performed in order to build up complex logical procedures. A fan-out device relies on the condition that electrical currents obey Kirchoff's laws and in order for spin-logic to be viable, the same must be shown for pure spin currents. Both fan-out and fan-in experiments have been performed to observe how spin currents behave in a multi-terminal circuit. The development of a 3-dimensional nonlocal IV and matrix fitting method provides information about each spin current, along with the thermal current generated at the injection point, and how they interact with each other. The fan-out geometry demonstrates that a pure spin current will divide between the different branches in a circuit, with a magnitude determined through the spin resistances of each arm. The fan-in measurements demonstrate that two pure spin currents will add and subtract with each other in a conventional manner expected from Kirchhoff's first law. These experiments have demonstrated the symmetry of pure spin currents with respect to the injection current and shown that they obey Kirchhoff's current law.

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

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

  1. Law, the Laws of Nature and Ecosystem Energy Services: A Case of ...

    African Journals Online (AJOL)

    Law, the Laws of Nature and Ecosystem Energy Services: A Case of wilful Blindness. ... models that do not adequately account for energy ecosystem services in ... global warming; market failure; environmental externalities; energy subsidies; ...

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

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2004-10-01

    Full Text Available 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-recognition of certain aspects of Muslim personal law causes unnecessary hardships, especially for women. A Muslim woman is often in a "catch two" situation. For example, on the one hand her attempts to divorce her husband in terms of Muslim law may be foiled by the relevant religious tribunal and, on the other hand, the South African courts may not provide the necessary relief, because they might not recognise the validity of her Muslim marriage. Increasingly, South African courts are faced with complex issues regarding the Muslim community. The last few years there has been a definite change in the courts' attitude with regard to the recognition of certain aspects of Muslim personal law. Contrary to pre-1994 court cases, the recent court cases attempt to develop the common law to give recognition to certain aspects of Muslim personal law. This article attempts to give an overview of the recent case law that dealt with issues regarding the recognition of aspects of Muslim personal law. Another issue, which eventuates from the current situation, is whether the South African legal order should continue to have a dualistic legal order or whether we should opt for a unified legal order or even a pluralistic legal order. In order to address this issue, some comments on the current status of Muslim personal law will be made and, finally, in order to contribute to the debate regarding the recognition of Muslim personal law, optional models for the recognition of Muslim

  3. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

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

  4. 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...

  5. Making sense of the case law on Ombudsman schemes

    OpenAIRE

    Kirkham, R.M.; Allt, A.

    2016-01-01

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

  6. Modern negligence law: Contribution of the medical cases.

    Science.gov (United States)

    Hodgson, John

    The law on medical negligence is part of the law of negligence generally. It has played a significant part in developing two key aspects of the law. There are special rules to determine the standard of care expected of experts when advising and solving problems, and medical cases have largely shaped the law. Although cases on causation may arise in any area, several of the key cases happen to be medical ones. They are particularly likely to assist where there are alternative causes, as it is often difficult to distinguish the effects of disease from those of inappropriate treatment.

  7. 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...

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

    NARCIS (Netherlands)

    Van Vooren, Bart; Wessel, Ramses A.

    2014-01-01

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

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

    NARCIS (Netherlands)

    Van Vooren, Bart; Wessel, Ramses A.

    2014-01-01

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

  10. The law of similars: current biases in its application

    Directory of Open Access Journals (Sweden)

    Giovanna Silvestri

    2012-09-01

    Full Text Available Background and Aims. Homeopathic prescription is based on the so-called law of similars, i.e. 1 on a patient sharing symptoms with the artificial and reversible disease caused by a drug taken in the state of health in a proving (Materia Medica Pura; 2 on systematic observations of pathogenetic effects due to accidental drug abuse (toxicology. However, in contemporary homeopathy, distortions in the application of the law are not infrequent, and they will be considered here. Methods. Two main biases are described and analyzed: 1 the shift towards the law of the same, concerning methods like isopathy and homotoxicology; 2 the a priori attribution of therapeutic properties to high dilutions of a given substance. The first twist can be retraced to the extension of the concept of drainage. Drainage is aimed to restore a blocked function by making use of a drug with affinity for a given anatomic district or a specific function – tropism. To some extent this technique is compatible with classical homeopathy, though not based on the law of similars. In any case, drainage has limited effects and typically precedes the use of a simillimum identified within a holistic view. The second kind of distortion is due to the influence of the ancient doctrine of signaturae. In the Organon S. Hahnemann warns against the temptation of ascribing to remedies any effect or property without a preliminary screening through proving. However, while doctrine of signaturae was regarded by classical masters as a further support to experimental findings, rather than being used to infer ex novo substance properties, several homeopaths have expanded its application to the point of using it as an alternative approach to Materia Medica. Conclusions. In a picture of contemporary homeopathy based on these premises, we can draw a line which goes from methods combining isopathy and drainage, acting only on a local level, to approaches somewhat related to the doctrine

  11. An Unbroken Axial-Vector Current Conservation Law

    Science.gov (United States)

    Sharafiddinov, Rasulkhozha S.

    2016-04-01

    The mass, energy and momentum of the neutrino of a true flavor have an axial-vector nature. As a consequence, the left-handed truly neutral neutrino in an axial-vector field of emission can be converted into a right-handed one and vice versa. This predicts the unidenticality of masses, energies and momenta of neutrinos of the different components. Recognizing such a difference in masses, energies, momenta and accepting that the left-handed axial-vector neutrino and the right-handed antineutrino of true neutrality refer to long-lived C-odd leptons, and the right-handed truly neutral neutrino and the left-handed axial-vector antineutrino are of short-lived fermions of C-oddity, we would write a new CP-even Dirac equation taking into account the flavor symmetrical axial-vector mass, energy and momentum matrices. Their presence explains the spontaneous mirror symmetry violation, confirming that an axial-vector current conservation law has never violated. They reflect the availability of a mirror Minkowski space in which a neutrino is characterized by left as well as by right space-time coordinates. Therefore, it is not surprising that whatever the main purposes experiments about a quasielastic axial-vector mass say in favor of an axial-vector mirror Minkowski space-time.

  12. ISSUES RAISED BY THE CASE LAW

    Directory of Open Access Journals (Sweden)

    Marta Claudia CLIZA

    2010-06-01

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

  13. Who is an astronaut? The inadequacy of current international law

    Science.gov (United States)

    Lyall, F.

    2010-06-01

    The concept of 'astronaut' as found in law in the 'space treaties' and elsewhere does not fit well with the modern proposals for commercial space tourism. Will the 'rescue and return' provisions apply to commercial flights? Many national laws will apply to space tourism but for the future the international legal regime should be reconsidered. Finally what may happen in a crisis in space?

  14. EU international family law: Legal basis, sources, case law of ECJ

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

    Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

  15. 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…

  16. 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…

  17. 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)

  18. Current Developments in Communications Law in the United States

    Science.gov (United States)

    Hadl, Robert D.

    1973-01-01

    Article reviews some of the major developments in communications law in the United States in the past year (1972). Significant events are covered in the areas of cable television, television programming and domestic satelites. (Author)

  19. BANK DEPOSIT CONTRACT: CURRENT STATUS OF LEGISLATION AND LAW ENFORCEMENT

    Directory of Open Access Journals (Sweden)

    Oleg Kozhevnikov

    2017-01-01

    Full Text Available УДК 347.734The relevance of the study is determined by the debates around legal rules devoted to the bank deposit contract, as well as an extensive judicial practice, revealing the problems of existing legislation. Purpose: to systematize the main problems of enforcement related to the bank deposit contract and to suggest ways of improving the current legislation. Meth-ods: general and special scientific methods (systemic, comparative, formal-logical and other are used. Results: on the basis of the comparative experience of Belarus, Kazakhstan and other foreign countries, analysis of judicial practice proposals to improve existing legislation are presented (including types of contract, investigation of deposits, bail-in.The authors conclude, it is necessary to supplement Chapter 44 of Russian Civil Code by rules on types of bank deposit agreement, establish the order of registration of the deposit and deposited funds with the remote technology, by list of requirements as to the form of deposit and savings certificates, by details and peculiarities of treatment, as well as consolidate the definition of "interest capitalization" and establish the list of cases of restriction of the rights of depositors for disposal of deposits. Procedural rules on the investigation of the deposits, determining the jurisdiction of cases on the protection of investors, are also should be improved.

  20. Current issues of space law before the United Nations

    Science.gov (United States)

    Hosenball, S. N.

    1974-01-01

    The United Nations' activities in the area of space law and the accomplishments of the Outer Space Committee are discussed. Two draft conventions, the draft treaty on the moon and the draft treaty on the registration of space objects are considered. Other issues covered include the direct broadcast by satellite, the boundary between air space and outer space, and remote sensing from space.

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

    Science.gov (United States)

    Kuo, Eric; Wieman, Carl E.

    2016-06-01

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

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  6. Air gun wounding and current UK laws controlling air weapons.

    Science.gov (United States)

    Bruce-Chwatt, Robert Michael

    2010-04-01

    Air weapons whether rifles or pistols are, potentially, lethal weapons. The UK legislation is complex and yet little known to the public. Hunting with air weapons and the laws controlling those animals that are permitted to be shot with air weapons is even more labyrinthine due to the legal power limitations on the possession of air weapons. Still relatively freely available by mail order or on the Internet, an increasing number of deaths have been reported from the misuse of air weapons or accidental discharges. Ammunition for air weapons has become increasingly sophisticated, effective and therefore increasingly dangerous if misused, though freely available being a mere projectile without a concomitant cartridge containing a propellant and an initiator.

  7. Is current EU food safety law geared up for fighting food fraud?

    NARCIS (Netherlands)

    Meulen, van der Bernd

    2015-01-01

    Malicious intent appears to be a blind spot in European Union (EU) food safety law. The current system of law has been created in reaction to food safety incidents. As a consequence it has been designed to deal with accidental problems not with intentionally deceitful actions of people. The horse

  8. 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.

  9. Current issues of international law on offshore abandonment, with special reference to the United Kingdom

    Energy Technology Data Exchange (ETDEWEB)

    Gao, Zhiguo [Univ. of Dundee, Scotland (United Kingdom)

    1997-11-01

    This article attempts to provide an up-to-date overview of the recent developments of international law on offshore abandonment. It scrutinizes the current issues and debates on the subject at both international and national levels, with special reference to the legislation and practice in the United Kingdom. Through a study of the current issues and trends in international law and policy developments, the articles undertakes to provide, where possible, practical considerations as to the possible resolution of some of the prominent problems faced by the international community in general, and some member states in particular. The future direction of international abandonment law also is briefly outlined.

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

    Science.gov (United States)

    Vochozka, Marek; Maroušková, Anna; Šuleř, Petr

    2016-11-28

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

  11. 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…

  12. 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…

  13. Pulsed current cathodic protection of well casings

    Energy Technology Data Exchange (ETDEWEB)

    Bich, N.N. [Shell Canada Ltd., Fort Saskatchewan, Alberta (Canada). Scotford Complex; Bauman, J. [Shell Canada Ltd., Cochrane, Alberta (Canada). Jumping Pound Complex

    1995-04-01

    Electric pulses of several hundred volts, applied for very brief periods of time, several thousand times per second, are more effective and economical than conventional steady-state DC currents in protecting deep and/or close-spaced well casings against external corrosion. More uniform current distribution, greater depth of protection, reduced stray current interference, and small anode bed requirements are the main benefits of pulsed technology. Operating principles, equivalent electrical circuits, design considerations, and field cathodic protection logging experience is reviewed.

  14. Current Status, Guidance and Disposal of Law-related Network Public Opinion--An Empirical Analysis Based on 88 Cases%涉法网络舆情的现状与引导处置--基于88件涉法网络舆情案例的实证分析

    Institute of Scientific and Technical Information of China (English)

    林恩伟

    2013-01-01

    The paper sorts out categories and characteristics of law-related network public opinion with 88 typical cases, analyses the current status and problems of People’s Court in guiding and disposing law-related network public opinion and suggests setting up a system for guiding and disposing law-related network public opinion. Based on its own characteristics in the work, People’s Court should adhere to the principle of combining overall work with case processing, establish and improve a long-term mechanism, including a top-down integration work pattern, grading warning disposal mechanism, disposal mechanism of collaboration and evaluation mechanism.%本文以88例典型涉法网络舆情事件为样本,通过对涉法网络舆情的类别和特征进行梳理,检视人民法院引导处置涉法网络舆情的现状及存在问题,并提出建立涉法网络舆情引导处置的体系构想,即人民法院应在立足自身工作特点的基础上,坚持整体工作原则和个案处置原则相结合,尽早建立健全涉法网络舆情引导处置的长效机制,包括建立自上而下的一体化舆情工作格局、分级预警处置机制、联动协作处置机制以及事后总结评析机制。

  15. 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.

  16. 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.

  17. 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.

  18. [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.

  19. 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.

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

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

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

  2. BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Yordan Gunawan

    2013-08-01

    Full Text Available Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1 Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:

  3. 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 ... Information Impact: Journal of Information and Knowledge Management ... lack of infrastructure, inadequate and trained personnel, lack of instructional ...

  4. 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.

  5. 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

  6. 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…

  7. 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…

  8. 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.

  9. 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.

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

    Directory of Open Access Journals (Sweden)

    Domingo Fernández Agis

    2006-12-01

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

  11. 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…

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

    Directory of Open Access Journals (Sweden)

    Monika Ambrus

    2014-05-01

    Full Text Available 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. To this end, first a working definition of the concept of ‘public water values’ will be formulated. Subsequently, this article will draw conclusions regarding the degree of substantive fragmentation in water law across the institutional levels mentioned, based on an in-depth analysis of relevant sources of water law. The article will not present an exhaustive overview of public water values, but elaborates on a number of core values in water law.

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

    Science.gov (United States)

    Jaworowski, Susan

    2013-01-01

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

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

    NARCIS (Netherlands)

    D. Weber

    2013-01-01

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

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

    NARCIS (Netherlands)

    D. Weber

    2013-01-01

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

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

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

    NARCIS (Netherlands)

    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

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

    Science.gov (United States)

    Knowles, Marjorie Fine, Ed.

    Cases and materials used in an undergraduate course, "Women and the Law," are divided to cover women and the Constitution of the U.S. (including the Equal Rights Amendment), the Supreme Court Abortion Decision, and the contemporary legal status of women including employment, education, and criminal law. Fifteen cases highlight the issues…

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

    OpenAIRE

    Monika Ambrus; Herman Kasper Gilissen; Jasper J.H. van Kempen

    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. ...

  20. 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.

  1. 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.

  2. 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...

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    Patricio Rubio

    2013-12-01

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

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

    CERN Document Server

    Broekens, Joost

    2008-01-01

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

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

    DEFF Research Database (Denmark)

    Sadl, Urska; Panagis, Yannis

    2015-01-01

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

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

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

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

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

    NARCIS (Netherlands)

    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 institut

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

    NARCIS (Netherlands)

    Ambrus, M.; Gilissen, Herman Kasper|info:eu-repo/dai/nl/314838732; van Kempen, Jasper|info:eu-repo/dai/nl/314011900

    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 institut

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

    NARCIS (Netherlands)

    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

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

    NARCIS (Netherlands)

    Ambrus, M.; Gilissen, Herman Kasper|info:eu-repo/dai/nl/314838732; van Kempen, Jasper|info:eu-repo/dai/nl/314011900

    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

  12. Origins of a Current Conflict? An Examination of Stock-Nonstock Cooperative Law

    OpenAIRE

    Suhler, Diane Rizzuto; Cook, Michael L.

    1993-01-01

    The earliest state cooperative laws in the United States were stock laws modeled upon the Rochdale experience and were adaptations of basic corporate laws of incorporation to the cooperative form of organization. They emphasized stock as the basis of membership and the distribution of profits to members in proportion to patronage. After 1911, the dominant form of cooperative law became the nonstock law. which emphasized service at cost and the personal. fraternal nature of membership in a coo...

  13. 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.

  14. 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...

  15. 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 administrative law judge must be based on this record. (c) Case remanded for a revised determination. (1) The administrative law judge may remand a case to the appropriate component of our office for...

  16. 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... the administrative law judge must be based on this record. (c) Case remanded for a revised...

  17. Comparison between the Gauss' law method and the zero current method to calculate multi-species ionic diffusion in saturated uncharged porous materials

    DEFF Research Database (Denmark)

    Johannesson, Björn

    2010-01-01

    There exist, mainly, two different continuum approaches to calculate transient multi species ionic diffusion. One of them is based on explicitly assuming a zero current in the diffusing mixture together with an introduction of a streaming electrical potential in the constitutive equations...... are compared with existing results from the solutions of the Gauss’ law method. For the studied case the calculated concentrations of the ionic species, using the two different methods, differed very little....

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

    NARCIS (Netherlands)

    Giesen, Ivo

    2012-01-01

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

  19. 77 FR 42751 - Intent To Request Renewal From OMB of One Current Public Collection of Information: Office of Law...

    Science.gov (United States)

    2012-07-20

    ... SECURITY Transportation Security Administration Intent To Request Renewal From OMB of One Current Public Collection of Information: Office of Law Enforcement/Federal Air Marshal Service Mental Health Certification... Security Administration (TSA) invites public comment on one currently approved Information Collection...

  20. Seller's liability for conformity of the goods with public law standards: Frozen pork case

    Directory of Open Access Journals (Sweden)

    Fišer-Šobot Sandra

    2012-01-01

    Full Text Available When the goods are exported from one country to another an important question arises - do the goods have to comply with the public law requirements of the seller's country, buyer's country or even with the rules in effect in some third country. The question is of high importance because the public law requirements, including standards established by environmental law, can have decisive impact on the possibility to use the goods. In order to avoid potential disputes parties should explicitly or implicitly stipulate the qualities of the goods and applicable public law standards. In case law, there are no uniform standards for determination and application of criteria for assessment whether the goods are in conformity with public law requirements. The best solution is to follow the rules established in Mussels case and to consider every case separately. Finally, according to our opinion, fitness for the purpose for which the goods would ordinarily be used does not imply the obligation of the seller to deliver the goods conforming to the public law standards of the import country, unless he knew or ought to have known of such standards. On the other hand, legal standards in effect in buyer's place or in the place of destination will be relevant when requirements for application of the Art. 35(2(b are fulfilled i.e. when particular purpose was expressly or impliedly made known to the seller and when the buyer relied on the seller's skill and judgment.

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

    Directory of Open Access Journals (Sweden)

    DR Hodas

    2013-06-01

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

  2. 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

  3. 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...

  4. 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...

  5. 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.

  6. 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.

  7. International human rights law aspects of forced migrations, evictions and displacement: current issues and challenges

    OpenAIRE

    Scholten, Andrew

    2016-01-01

    The aim of this paper is an analysis of the categories of evictions, forced migrations and internal displacement in the context of international human rights law. Forced migrations and selected categories of internal displacement are important issues of international human rights law and international humanitarian law for more than forty years. The UDHR, adopted in 1948, does not contain any provisions related to forced human mobility and internal displacement. Despite this fact ...

  8. 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

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

    Science.gov (United States)

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

    2010-01-01

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

  10. 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…

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

    NARCIS (Netherlands)

    van Hulten, Mart; Jallai, Ave-Geidi

    2016-01-01

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

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

    NARCIS (Netherlands)

    Mak, C.

    2012-01-01

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

  13. Recent Case Law Regarding Functional Behavioral Assessments: Implications for Practice

    Science.gov (United States)

    Losinski, Mickey L.; Katsiyannis, Antonis; Ryan, Joseph B.

    2014-01-01

    While functional behavioral assessments (FBAs) are currently federally mandated requirements, public schools have not been provided clear federal guidance concerning what constitutes an acceptable FBA through Individuals With Disabilities Education Act or related regulations. The purpose of this article is to examine recent rulings regarding FBAs…

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

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

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

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    Janis Wolak

    2015-07-01

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

  17. 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.…

  18. 75 FR 34148 - Intent To Request Renewal From OMB of One Current Public Collection of Information; Office of Law...

    Science.gov (United States)

    2010-06-16

    ... Collection of Information; Office of Law Enforcement/Federal Air Marshal Service Mental Health Certification... Security Administration (TSA) invites public comment on one currently approved information collection..., Office of Information Technology, TSA-11, Transportation Security Administration, 701 South 12th Street...

  19. 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.

  20. The University Inventor's Obligation to Assign: A Review of US Case Law on the Enforceability of University Patent Policies

    Science.gov (United States)

    Ohashi, Naoko

    2004-01-01

    Until recently, it was unclear under US case law whether university patent policies were sufficient to obligate university personnel to assign their inventions to the university without a signed invention-assignment agreement. This paper examines the question through recent case law. These cases indicate a trend in support of university claims…

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

    Science.gov (United States)

    Dagher, Zoubeida R.

    2014-01-01

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

  2. 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…

  3. Current trends in animal law and their implications for the veterinary profession.

    Science.gov (United States)

    Lacroix, Charlotte A

    2006-03-01

    In the last decade, the veterinary profession has experienced many changes, including the birth of a new area of law known as "animal law," and an increased scrutiny by the legal community and veterinary state boards. This article provides a sampling of some of the more challenging issues the profession is facing in the early part of the 21st century, namely, guardianship versus ownership, the awarding of non-economic damages in negligence lawsuits, and challenges in maintaining medical records.

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

    Institute of Scientific and Technical Information of China (English)

    王志亮

    2012-01-01

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

  5. 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.

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

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

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

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

    NARCIS (Netherlands)

    I Antonaki (Ilektra)

    2016-01-01

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

  8. 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…

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

    NARCIS (Netherlands)

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

    2016-01-01

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

  10. Toward instructional design principles: Inducing Faraday’s law with contrasting cases

    Directory of Open Access Journals (Sweden)

    Eric Kuo

    2016-04-01

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

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. Some current topics on nonlinear conservation laws lectures at the morningside center of mathematics, 1

    CERN Document Server

    Hsiao, Ling

    2000-01-01

    This volume resulted from a year-long program at the Morningside Center of Mathematics at the Academia Sinica in Beijing. It presents an overview of nonlinear conversation laws and introduces developments in this expanding field. Xin's introductory overview of the subject is followed by lecture notes of leading experts who have made fundamental contributions to this field of research. A. Bressan's theory of L^1-well-posedness for entropy weak solutions to systems of nonlinear hyperbolic conversation laws in the class of viscosity solutions is one of the most important results in the past two decades; G. Chen discusses weak convergence methods and various applications to many problems; P. Degond details mathematical modelling of semi-conductor devices; B. Perthame describes the theory of asymptotic equivalence between conservation laws and singular kinetic equations; Z. Xin outlines the recent development of the vanishing viscosity problem and nonlinear stability of elementary wave-a major focus of research in...

  16. 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

    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......-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...

  17. 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.

  18. 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...

  19. Cartography and Population Geography as Current Events: A Case Study

    Science.gov (United States)

    Comenetz, Joshua

    2003-01-01

    The Sanders housing lawsuit in Pennsylvania provides a case study of how to incorporate current events into the teaching of cartography or population geography at the high school or college level. Settlement of the Sanders case resulted in the release of information about the segregation of public housing by race in the Pittsburgh area. The issues…

  20. At what point does what’s mine become yours? A critical analysis of the current law on common intention constructive trusts and cohabitation

    Directory of Open Access Journals (Sweden)

    Ben Fullbrook

    2016-12-01

    Full Text Available This article examines the current state of the law in relation to the use of common intention constructive trusts to determine disputes arising from the breakdown of relationships between cohabiting, non-married couples. It is clear that there is a need to protect vulnerable parties to a relationship and to maintain certainty with regard to property ownership, but this is a difficult balance to strike.  This examination has been conducted by analysing the key cases that have been heard in the senior courts in relation to this matter since the landmark ruling of the House of Lords in Stack v Dowden almost ten years ago.  This has identified three key issues with the current state of the law: (1 judicial confusion over whether the existence of beneficial shares in property should be imputed or implied by the courts; (2 the creation of unrealistic expectations as to the reliance that the court will place on non-financial contributions to a relationship; and (3 practical and evidential difficulties caused by its implementation.  Further analysis of the Cohabitation Rights Bill suggests that it is unlikely to overcome any of these issues because it seeks to increase, rather than reduce the role of the courts.  This article concludes that the law should be simplified such that couples are allocated the same portion of the beneficial interest in the property as their legal interest unless they expressly declare otherwise.

  1. Cathodic protection of well casings by pulsed current

    Energy Technology Data Exchange (ETDEWEB)

    Bich, N.N. [Shell Canada Ltd., Fort Saskatchewan, Alberta (Canada). Scotford Complex; Bauman, J. [Shell Canada Ltd., Cochrane, Alberta (Canada). Jumping Pound Complex

    1994-12-31

    Electric pulses of several hundred volts, applied for very brief periods of time, several thousand times per second, are more effective and economical than conventional DC currents in protecting deep and/or close spaced well casings against external corrosion. More uniform current distribution, greater depth of protection, reduced stray current interference, and smaller anode bed requirements are the main benefits of pulsed technology. Operating principles, equivalent electrical circuits, design considerations and field cathodic protection logging experience will be reviewed.

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

    Science.gov (United States)

    Osipov, D. V.

    2013-12-01

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

  3. 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.

  4. 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.

  5. 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…

  6. 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…

  7. Neither Here Nor There: The Current Status of Transsexual and Other Transgender Persons Under Hong Kong Law

    OpenAIRE

    Emerton, R

    2004-01-01

    This is the first of two articles on the law relating to transgender persons in Hong Kong. This article examines the current administrative and legal status of Hong Kong's transgender persons. It argues that, whilst various policies and practices adopted by the authorities undoubtedly facilitate the every day lives of certain transgender persons, the legal situation (which perpetually condemns them to their biological sex as designated at birth) is inhumane and should no longer be tolerated. ...

  8. 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

  9. 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

    2016-06-01

    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. © The Author 2016. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

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

    NARCIS (Netherlands)

    Mansoor, Zeeshan

    2014-01-01

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

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

    Science.gov (United States)

    Wen, John T.; Bayard, David S.

    1988-01-01

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

  12. 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.

  13. 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.

  14. Digital Disruption, Innovation and Competition Law. How the Google Shopping Case is Fitting the Framework?

    OpenAIRE

    Falce, Valeria

    2016-01-01

    In the light of the Google Shopping case and of the market impact of digital disruption and revolutionary business models,  it will be debated whether traditional competition law tools and remedies are able as such to deal with the data driven economy. The question that will be scratched out is whether a more stringent effect based approach shall be advanced in order to tackle anticompetitive conducts in the‎ digital environment.

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

    OpenAIRE

    2015-01-01

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

  16. 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.

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

    CERN Document Server

    Pueyo, Salvador

    2013-01-01

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

  18. 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

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

    NARCIS (Netherlands)

    Lavrijssen, S.A.C.M.

    2013-01-01

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

  20. Of Otakus and Fansubs: A Critical Look at Anime Online in Light of Current Issues in Copyright Law

    Directory of Open Access Journals (Sweden)

    Jordan S. Hatcher

    2005-12-01

    Full Text Available The advent of digital technology and increased global connectivity has, to put it mildly, caused some ripples for the entertainment industry specifically and copyright law generally. In the aftermath, many are searching for new ways to incorporate the benefits of digital copies and the internet while minimizing the harms. To some, the anime industry and its fans offer examples of how an industry can benefit and even grow from allowing copyright infringement. This article examines the anime industry in-depth with this suggestion in mind and places the industry among current copyright policy debates, such as those suggested by Lawrence Lessig.

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

    Science.gov (United States)

    Pandit, M S; Pandit, Shobha

    2009-07-01

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

  2. 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.

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    Herman Philipse

    2015-01-01

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

  5. 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...

  6. Investigation of casing inspection through tubing with pulsed eddy current

    Science.gov (United States)

    Fu, Yuewen; Yu, Runqiao; Peng, Xuewen; Ren, Shangkun

    2012-12-01

    Corrosion and cracks of casing string in oil wells is a serious problem on which little research has been done when inspecting casing through tubing. In this study, inspecting casing through tubing with pulsed eddy current is investigated. Longitudinal and transverse probes are centred inside the tubing to detect wall thinnings and cracks in casing. A time slice of induced voltage in the receiving coil of the probe is used as the feature to recognise defects. The experimental results show that large area wall thinnings and long cracks in casing are detected successfully through the tubing with appropriate inspection parameters. The probe's orientation to the crack is important and a particular discovery is that the transverse probe should be parallel to the transverse crack and not be perpendicular to it when inspecting. A method based on linear regression is proposed to estimate flaws in casing while wall thinning in the tubing occurs at the same location. The method is effective for large area thinning in casing when tubing thinning is wide.

  7. 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

    ... of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... of an Administrative Law Judge in cases arising under section 274B. Any person aggrieved by a final...

  8. 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...

  9. Current principles and practice of ethics and law in perinatal medicine.

    Science.gov (United States)

    Berceanu, C; Albu, Simona Elena; BoȚ, Mihaela; Ghelase, M Șt

    2014-01-01

    One of the most controversial discussion topics in modern bioethics, science or philosophy is represented by the beginning of the individual human life. It is ethically, medically and scientifically correct that the human conception product to be born, so to gain personality and individuality, to be treated as a patient since the intrauterine life. Intrauterine foetal interventions, performed in various therapeutic purposes are still in the experimental stage even in centres with rich experience in perinatal medicine. Progresses truly outstanding are present especially in the prenatal diagnostic methods. Non invasive prenatal testing represents without a doubt a great progress in prenatal diagnosis, but from this point of view, the role of practitioners in the field of perinatal medicine, on counselling and addressing the indication of this test becomes essential. Beyond cultural, national, social or related differences, in perinatal medicine practice is particularly important to respect and permanently reassess the ethical codes. Our paper is targeting to spotlight the essential principles and practice of ethics and law in perinatal medicine nowadays on one hand, and to bring an update review on a controversial topic on the other hand.

  10. Human Dignity: incorporation of the case law of the European Court of Human Rights by the Colombian Constitutional Court

    National Research Council Canada - National Science Library

    Silvana Insignares Cera; Viridiana Molinares Hassan

    2011-01-01

      This paper analyzes how the Colombian Constitutional Court in its jurisprudence includes references to case law of the European Court of Human Rights, in exercising its constitutional oversight and...

  11. Does environmental law encourage or obstruct eco-innovations : Evidence from case studies in the Netherlands

    NARCIS (Netherlands)

    Verschuuren, Jonathan

    Environmental law does not necessarily promote innovations that lead to drastic improvement of environmental performance (eco-innovations). The focus of EU environmental law on best available techniques is exemplary. Businesses often complain that environmental law hampers innovation, even

  12. 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.

  13. Biquaternionic Model of Electro-Gravimagnetic Field, Charges and Currents. Law of Inertia

    CERN Document Server

    Alexeyeva, Lyudmila

    2016-01-01

    One the base of Maxwell and Dirac equations the one biquaternionic model of electro-gravimagnetic (EGM) fields is considered. The closed system of biquaternionic wave equations is constructed for determination of free system of electric and gravimagnetic charges and currents and generated by them EGM-field. By using generalized functions theory the fundamental and regular solutions of this system are determined and some of them are considered (spinors, plane waves, shock EGMwaves and others). The properties of these solutions are investigated.

  14. Estimation of regression laws for ground motion parameters using as case of study the Amatrice earthquake

    Science.gov (United States)

    Tiberi, Lara; Costa, Giovanni

    2017-04-01

    The possibility to directly associate the damages to the ground motion parameters is always a great challenge, in particular for civil protections. Indeed a ground motion parameter, estimated in near real time that can express the damages occurred after an earthquake, is fundamental to arrange the first assistance after an event. The aim of this work is to contribute to the estimation of the ground motion parameter that better describes the observed intensity, immediately after an event. This can be done calculating for each ground motion parameter estimated in a near real time mode a regression law which correlates the above-mentioned parameter to the observed macro-seismic intensity. This estimation is done collecting high quality accelerometric data in near field, filtering them at different frequency steps. The regression laws are calculated using two different techniques: the non linear least-squares (NLLS) Marquardt-Levenberg algorithm and the orthogonal distance methodology (ODR). The limits of the first methodology are the needed of initial values for the parameters a and b (set 1.0 in this study), and the constraint that the independent variable must be known with greater accuracy than the dependent variable. While the second algorithm is based on the estimation of the errors perpendicular to the line, rather than just vertically. The vertical errors are just the errors in the 'y' direction, so only for the dependent variable whereas the perpendicular errors take into account errors for both the variables, the dependent and the independent. This makes possible also to directly invert the relation, so the a and b values can be used also to express the gmps as function of I. For each law the standard deviation and R2 value are estimated in order to test the quality and the reliability of the found relation. The Amatrice earthquake of 24th August of 2016 is used as case of study to test the goodness of the calculated regression laws.

  15. Smartphone use in dermatology for clinical photography and consultation: Current practice and the law.

    Science.gov (United States)

    Abbott, Lisa M; Magnusson, Roger S; Gibbs, Emma; Smith, Saxon D

    2017-02-28

    Smartphones are rapidly changing the way doctors capture and communicate clinical information, particularly in highly visual specialties such as dermatology. An understanding of how and why smartphones are currently used in clinical practice is critical in order to evaluate professional and legal risks, and to formulate policies that enable safe use of mobile technologies for the maximal benefit of practitioners and patients. Australian dermatologists and dermatology trainees were surveyed on their current practices relating to clinical smartphone use. Of the 105 respondents, 101 provided useable results. The data show clinical smartphone use is common and frequent, with more than 50% of respondents sending and receiving images on their smartphones at least weekly. Clinical photographs were usually sent via multimedia message or email and were commonly stored on smartphones (46%). Security measures adopted to protect data were limited. There was inadequate documentation of consent for transmission of photographs and advice provided. Only 22% of respondents were aware of clear policies in their workplace regarding smartphone use, and a majority desired further education on digital image management. Given the frequency of use and the degree of importance placed on the ability to send and receive clinical images, clinical smartphone use will persist and will likely increase over time. Current practices are insufficient to comply with professional and legal obligations, and increase practitioners' vulnerability to civil and disciplinary proceedings. Further education, realistic policies and adequate software resources are critical to ensure protection of patients, practitioners and the reputation of the dermatological profession. © 2017 The Australasian College of Dermatologists.

  16. An Analytical Model of Wave-Induced Longshore Current Based on Power Law Wave Height Decay.

    Science.gov (United States)

    1988-01-01

    the notation (0, v) is used to denote the x and y-components of tne steady current. The arrows indicate vector quantlties. me absolute value c - the...8217n - ’ ,F4.2,2X, ’P =’ ,FLS.2,2X, ’Brea~ing wiav e’,*. A-N2-1 .0 -HETAP-3A14159*THETA/180.0 3>NT32-(S:N(THETAR))**2 BETA1) -1 .0 DELTA(1) =1.0 SUMA ...LT1.1.0)FACN2.0 A(II)-A(II)*SINT32 *#7 SINT32*A(I::-l BETA(II).SINTB2*BETA I: -I SUMA -SU;MA+A(I SUXB=S’UMB+BETA ) SUC=SUMC+DELTA(rI SNMA=-sNMA<’N+Z) A (I

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

    OpenAIRE

    Köndgen, O.A.

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    MARIOS PAPALOUKAS

    2010-01-01

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

  19. Treaties over Time and Human Rights: A Case Law Analysis of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Carlos Enrique Arévalo Narváez

    2017-03-01

    Full Text Available This paper analyzes the issue of treaties over time and the interpretations of the Inter-American Court of Human Rights in this context. Parts 1 and 2 introduce the elements of treaty interpretation in general international law, providing criteria for the application of the evolutionary approach to treaty interpretation, the debate between the application of evolutive interpretation and the use of subsequent conduct. Part 3 addresses the issue of fragmentation in international human rights law, and through the case law of the Inter-American Court of Human Rights, provides  evidence for the application of the rules of general international law to interpret the American Convention on Human Rights. Finally, conclusions are extracted on the basis of the case law analyzed, contrasting the Court’s application of the American Convention over time, the conclusions of the International Law Commission Reports on the Fragmentation of International Law in 2008, and the preliminary conclusions of the Study Group on Subsequent Agreements and Subsequent Practice concerning treaty interpretation and the issue of the passage of time.

  20. [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.

  1. 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…

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

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2007-06-01

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

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

    Science.gov (United States)

    Akabayashi, Akira

    2002-08-01

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

  4. 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

  5. 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.

  6. School law for the child psychiatrist: legal principles and case implications.

    Science.gov (United States)

    Brunt, Colby; Bostic, Jeffrey Q

    2012-01-01

    Schools are evolving to support all students, including those with mental health issues. Clinicians can help patients and schools by providing diagnostic clarity about a child’s condition, how that condition interferes with school progress, and what interventions are needed in the school setting. State and Federal legislation supports timely response by schools to mental health issues emerging in students through special education laws and general education accommodations, such as Response To Intervention (RTI), which encourages schools to implement evidence-based interventions for students exhibiting mental health conditions. Case examples illuminate important legal considerations when clinicians are faced with issues such as therapeutic placements, home hospital forms, and substance abuse, and student misconduct.

  7. 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

    2017-06-20

    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.

  8. 29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

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

  10. Current management of bronchiectasis: review and 3 case studies.

    Science.gov (United States)

    Silverman, Enid; Ebright, Linda; Kwiatkowski, Marianne; Cullina, Joanne

    2003-01-01

    Bronchiectasis is the abnormal, irreversible dilatation of diseased bronchi. Permanently dilated airways, usually in the medium-sized bronchi, are inflamed and often obstructed with thick, purulent secretions. Known causative factors include postinfection bronchial damage, postinhalation injury, hypersensitivity reactions, and congenital airway obstructive disorders. Typical symptoms include sputum overproduction, fever, pleurisy, dyspnea, and chronic cough. Diagnosis involves radiographic studies and pulmonary function testing. Treatment includes oral, aerosolized, or intravenous antibiotic therapy according to the severity of the exacerbation, and mucus clearance by means of bronchial hygiene assistive devices, chest physiotherapy, postural drainage, and high-frequency chest compression. We present a review of bronchiectasis and offer 3 case studies illustrating current management of different presentations, including use of aerosolized antibiotics for patients infected with Pseudomonas aeruginosa. Although an adjunctive program of pulmonary rehabilitation may be useful for patients with bronchiectasis, no confirming studies have been performed to date, and additional research in this area is warranted.

  11. Current situation of endoscopic biliary cannulation and salvage techniques for difficult cases: Current strategies in Japan.

    Science.gov (United States)

    Yasuda, Ichiro; Isayama, Hiroyuki; Bhatia, Vikram

    2016-04-01

    In the pancreatobiliary session at Endoscopic Forum Japan (EFJ) 2015, current trends of routine biliary cannulation techniques and salvage techniques for difficult biliary cannulation cases were discussed. Endoscopists from nine Japanese high-volume centers along with two overseas centers participated in the questionnaires and discussion. It was concluded that, currently, in Western countries, the wire-guided cannulation (WGC) technique is favored during initial cannulation attempts. However, the conventional technique using an endoscopic retrograde cholangiopancreatography catheter with contrast medium injection is still used as first choice at most Japanese high-volume centers. The WGC technique is used as the second choice at some institutions only. After failed biliary cannulation attempts, the initial salvage option preferred in most centers includes pancreatic guidewire placement, followed by precut techniques as the second salvage choice. Among several precut techniques, the free-hand needle knife sphincterotomy with cutting upwards from the pancreatic duct is most popular. Endoscopic ultrasonography-guided rendezvous technique is also carried out as a final salvage option at select institutions.

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

    Science.gov (United States)

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

    2006-07-01

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

  13. 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.

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

    Directory of Open Access Journals (Sweden)

    Sebastián Machado Ramírez

    2014-04-01

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

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

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

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

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

    Science.gov (United States)

    Iyioha, Ireh

    2012-09-01

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

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

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

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

    Science.gov (United States)

    Kimball, Bruce A.

    2006-01-01

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

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

    NARCIS (Netherlands)

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

    2015-01-01

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

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

    NARCIS (Netherlands)

    Eleveld, Anja

    2012-01-01

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

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Lorena Bachmaier Winter

    2013-09-01

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

  3. Case Management in Community Corrections: Current Status and Future Directions

    Science.gov (United States)

    Day, Andrew; Hardcastle, Lesley; Birgden, Astrid

    2012-01-01

    Case management is commonly regarded as the foundation of effective service provision across a wide range of human service settings. This article considers the case management that is offered to clients of community corrections, identifying the distinctive features of case management in this particular setting, and reviewing the empirical evidence…

  4. Addressing the Gap between Case Law and Professional Practice: A Response to Zirkel

    Science.gov (United States)

    Smith, Carl; Katsiyannis, Antonis; Ryan, Joseph

    2014-01-01

    In this article, authors Carl Smith, Antonis Katsiyannis, and Joseph Ryan respond to Zirkel's most recent article, "The Law in the Special Education Literature: A Brief Legal Critique," published in this issue of "Behavioral Disorders." Smith, Katsiyannis, and Ryan begin their response by saying that "The Law in the…

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

    NARCIS (Netherlands)

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

    2016-01-01

    An institution has a ‘human face’ if it takes the interests core to ‘human flourishing’ seriously. The question arises whether and how these interests find proper consideration in EU private law. The interests core to ‘human flourishing’ relevant for substantive private law include the following

  6. 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.

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

    Institute of Scientific and Technical Information of China (English)

    S R Elmi Hosseini

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Seyed Mohammad Tabatabaei Nejad

    2015-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Nancy G. Maxwell

    2008-06-01

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

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

    Science.gov (United States)

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

    2016-11-01

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

  12. The Rhetorical Case: Its Roman Precedent and the Current Debate.

    Science.gov (United States)

    Mendelson, Michael

    1989-01-01

    Reviews a debate among Roman rhetoricians over declamation, an early case study method. Appraises contemporary concerns about the value of case study as a stimulant to problem-solving skills, its ability to imitate realistic circumstances of business and technical writing, and its emphasis on persona and audience along with its deemphasis of the…

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

    Directory of Open Access Journals (Sweden)

    Megan Davis

    2014-05-01

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

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

    Science.gov (United States)

    van de Gronden, Johan; Szyszczak, Erika

    2014-01-01

    A national health care service is one of the central pillars of the welfare state in Europe. Recent moves to modernise health care, alongside introducing efficiencies through competition have resulted in experimentation and a re-organisation of national health care systems. The experimental nature of the reforms has brought health care into the focus, but uncertain territory, of EU economic law, especially competition law. Added to these pressures, the new EU fiscal measures oblige Member States to avoid excessive budgets and macro-economic imbalances. One constraint on an EU-based system of competition in health care is the effect of decentralisation, resulting in variations at the national level. Thus a case study is taken of the experience in The Netherlands. From this case study, we argue that a new form of Euro-national competition law is emerging for the health care sector with national authorities taking the lead in shaping the contours of this law. © The Author 2014. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

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

    Science.gov (United States)

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

    2008-01-01

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

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

    Science.gov (United States)

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

    2011-01-01

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

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

    OpenAIRE

    KORTUNAY, NEVİN

    2016-01-01

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

  18. 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.

  19. Solar power generation in the light of the current tax laws; Solare Stromerzeugung im Licht des Steuerrechtes

    Energy Technology Data Exchange (ETDEWEB)

    Seltmann, T. [Krauss Energie fuers Leben, Merkendorf (Germany)

    1997-09-01

    The author investigates various aspects of the operation of a grid-connected solar system, with particular regard to taxation and regulative law. (orig/AKF) [Deutsch] Der Autor will in seinem Beitrag den Betrieb einer netzgekoppelten Solarstromanlage aus verschiedenen Fragestellungen heraus betrachten und den Betreibern Hinweise fuer die steuerliche und ordnungsrechtliche Behandlung dieser Anlagen geben. (orig./AKF)

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

    Directory of Open Access Journals (Sweden)

    Sills Eric

    2009-07-01

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

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Bilotskiy Sergiy Dmitrovich

    2014-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Bruno Funchal

    2008-07-01

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

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

    Science.gov (United States)

    Hoewe, Jennifer; Zeldes, Geri Alumit

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Saulius Lukas Kaleda

    2000-09-01

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

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

    Science.gov (United States)

    Hativa, Nira

    2000-01-01

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

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

    Science.gov (United States)

    Bisschoff, Tom

    2009-01-01

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

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

    Science.gov (United States)

    Kozik, Renata; Karasińska-Jaśkowiec, Izabela

    2016-10-01

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

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

    Science.gov (United States)

    Rousseau, Ronald

    1992-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Angela Pires Pinto

    2011-12-01

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

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

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2010-01-01

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

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

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

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

  13. 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

  14. Serotonin syndrome:case report and current concepts.

    LENUS (Irish Health Repository)

    Fennell, J

    2005-05-01

    Selective serotonin reuptake inhibitors (SSRI\\'s) are increasingly being used as the first line therapeutic agent for the depression. It is therefore not unusual to see a case of overdose with these agents. More commonly an adverse drug reaction may be seen among the older patients who are particularly vulnerable to the serotonin syndrome due to multiple co-morbidity and polypharmacy. The clinical picture of serotonin syndrome (SS) is non-specific and there is no confirmatory test. SS may go unrecognized because it is often mistaken for a viral illness, anxiety, neurological disorder or worsening psychiatric condition.

  15. Appendiceal mucocele: Case reports and review of current literature

    Science.gov (United States)

    Karakaya, Kemal; Barut, Figen; Emre, Ali Ugur; Ucan, Hamdi Bulent; Cakmak, Guldeniz Karadeniz; Irkorucu, Oktay; Tascilar, Oge; Ustundag, Yucel; Comert, Mustafa

    2008-01-01

    The mucocele of the appendix is an uncommon disorder which is often asymptomatic but sometimes causes acute appendicitis-like symptoms. Sometimes, patients with mucocele can present with confusing symptoms. Preoperative suspicion and diagnosis of appendiceal mucocele are important. Ultrasonography and computed tomography are useful tools for the diagnosis of appendiceal mucocele. It may be also recognised by colonoscopy as a smooth submucosal lesion of the cecum. Optimal management of the mucocele could be achieved through accurate preoperative diagnosis. Preoperative diagnosis is a major component for minimizing intra-operative and post-operative complications. We herein report five cases and discuss the diagnostic methods and surgical treatment. PMID:18407611

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

    Directory of Open Access Journals (Sweden)

    Michael Eburn

    2013-12-01

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

  17. Langerhans cell histiocytosis: Current concepts in dentistry and case report

    Science.gov (United States)

    Ramos-Gutiérrez, Efraín; Alejo-González, Francisco; Ruiz-Rodríguez, Socorro; Garrocho-Rangel, José-Arturo

    2016-01-01

    Langerhans cell histiocytosis (LCH), which is a rare granulomatous pediatric disease of unknown etiology, is characterized by the idiopathic proliferation and accumulation of abnormal and clonal Langerhans cells or their marrow precursors, resulting in localized, solitary or multiple destructive lesions. These lesions are most commonly eosinophilic granuloma, which are found in craniofacial bone structures such as the skull and mandible, skin and other organs. In children, the disease has a variable initial presentation, and the clinical course, prognosis and survival are unpredictable. The aims of this report were to present an LCH case in a girl aged 2 years, 8 months and her clinicopathological features, to describe the bucodental management provided, and to discuss special dental considerations of this disease. Key words:Children, dental management, histiocytosis, Langerhans cells. PMID:26855698

  18. Axial magnetic field and toroidally streaming fast ions in the dense plasma focus are natural consequences of conservation laws in the curved axisymmetric geometry of the current sheath

    CERN Document Server

    Auluck, S K H

    2014-01-01

    Direct measurement of axial magnetic field in the PF-1000 dense plasma focus (DPF), and its reported correlation with neutron emission, call for a fresh look at previous reports of existence of axial magnetic field component in the DPF from other laboratories, and associated data suggesting toroidal directionality of fast ions participating in fusion reactions, with a view to understand the underlying physics. In this context, recent work dealing with application of the hyperbolic conservation law formalism to the DPF is extended in this paper to a curvilinear coordinate system, which reflects the shape of the DPF current sheath. Locally-unidirectional shock propagation in this coordinate system enables construction of a system of 7 one-dimensional hyperbolic conservation law equations with geometric source terms, taking into account all the components of magnetic field and flow velocity. Rankine-Hugoniot jump conditions for this system lead to expressions for the axial magnetic field and three components of ...

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

    Institute of Scientific and Technical Information of China (English)

    2005-01-01

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

  20. Human Dignity in Law – A Case Study of the Polish Legal System

    Directory of Open Access Journals (Sweden)

    Magdalena Butrymowicz

    2016-09-01

    Full Text Available Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polish lawmakers, on the other hand, have no doubt about the fact the concept of dignity comes from natural law. Poland, in her Constitution, refers to the teaching of John Paul II about the source, value and meaning of human dignity. There is no doubt that concept of human dignity, even when it is controversial, is the most widely accepted by all religions and political society in the world.

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

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2010-01-01

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

  2. Patellofemoral pain: Challenging current practice - A case report.

    Science.gov (United States)

    Smith, Benjamin E; Hendrick, Paul; Logan, Pip

    2016-04-01

    Patellofemoral pain (PFP) is a common problem in young people, with 1 in 6 suffering at any one time. It is unclear which management approach is the optimal method for treating PFP in the long term, with traditional physiotherapy examination focusing on assessing for specific structural dysfunction. A rationale for a different assessment and treatment approach, one that moves the focus away from a biomedical/tissue pathology model towards one directed at the neurophysiology of pain, has been suggested. The patient was a 21 year old male with a 6 year history of PFP with previous failed physiotherapeutic treatment. He reported previous multiple healthcare practitioners' advice to avoid activities that were painful as reasons for being unable to participate in sporting activities. No specific structural testing was performed, such as specific muscle strength, length, foot position, patella movement and position, or movement patterns. Descriptions of tissue based pathology models of pain, e.g. patella mal-tracking, were actively discouraged and challenged. The patient was taught to perform one uncomfortable/painful exercise as part of his rehabilitation programme twice a day. The patient achieved 80% improvement in his symptoms over 7 appointments and a return to physical activity following a 5 month rehabilitation programme purposively designed to elicit pain by means of gradually exercising and loading the tissues. This case report highlights the need for further research into exercise protocols for patients suffering with PFP based upon neurophysiology models of pain.

  3. Current concepts in hypophosphatasia: case report and literature review.

    Science.gov (United States)

    Hollis, Amy; Arundel, Paul; High, Alec; Balmer, Richard

    2013-05-01

    BACKGROUND.  Hypophosphatasia (HP) is characterized by defective mineralization of bone and teeth because of deficient alkaline phosphatase activity. There are generally six recognized clinical forms, of which the most severe is often lethal prenatally or early in life. In milder forms, such as odontohypophosphatasia (OHP), premature exfoliation of primary teeth may be the only clinical manifestation. CASE REPORT.  A 20-month-old girl was referred to the Specialist Paediatric Salaried Dental Service within the Harrogate and District NHS Foundation Trust with mobility of tooth numbers 71 and 81. Clinical examination revealed grade III mobile 71 and 81, with minimal gingival inflammation and plaque deposits. There were no other dental findings and no significant medical history. Tooth numbers 71 and 81 exfoliated prematurely with no evidence of root resorption, shortly after presentation. Haematological and urinary investigations showed no abnormalities. Histological examination showed a complete absence of cementum. A diagnosis of OHP was made. After 10 months of dental follow-up, no further teeth have increased mobility. CONCLUSION.  Odontohypophosphatasia should be included as a differential diagnosis in children presenting with early loss of primary teeth. The dentist may be the first health care professional to whom the patient presents.

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

    Science.gov (United States)

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

    2010-12-01

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

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

    Science.gov (United States)

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

    1987-01-01

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

  6. Patent Law and the invisibility of traditional knowledge: the case of Bauhinia sp.

    Directory of Open Access Journals (Sweden)

    Marcos Vinício Chein Feres

    2016-08-01

    Full Text Available This paper aims to discuss patent law and the issue of traditional knowledge associated with biodiversity through an empirical qualitative study. In this context, we resort to the critical approach developed by Zenon Bankowski on Law and love as well as Charles Taylor’s analysis of modern identity. The study was composed of an analysis of international treaties and domestic laws as well as data collected at the WIPO (World Intellectual Property Organization website regarding the plant Bauhinia sp. and its therapeutic use. In addition, by analyzing the data collected in the course of the empirical study, we drew descriptive and casual inferences about the research question and the hypothesis, emphasizing the indispensability of the protection of traditional knowledge associated with traditional people. Finally, supported by the data collected in the study, it is possible to state that international agreements should be reviewed and, specifically, the interpretation of what traditional knowledge is should be modified, in order to avoid biopiracy and the invisibility of traditional peoples. 

  7. Microcephaly Case Fatality Rate Associated with Zika Virus Infection in Brazil: Current Estimates.

    Science.gov (United States)

    Cunha, Antonio José Ledo Alves da; de Magalhães-Barbosa, Maria Clara; Lima-Setta, Fernanda; Medronho, Roberto de Andrade; Prata-Barbosa, Arnaldo

    2017-05-01

    Considering the currently confirmed cases of microcephaly and related deaths associated with Zika virus in Brazil, the estimated case fatality rate is 8.3% (95% confidence interval: 7.2-9.6). However, a third of the reported cases remain under investigation. If the confirmation rates of cases and deaths are the same in the future, the estimated case fatality rate will be as high as 10.5% (95% confidence interval: 9.5-11.7).

  8. The Current Case of Quinolones: Synthetic Approaches and Antibacterial Activity

    Directory of Open Access Journals (Sweden)

    Abdul Naeem

    2016-03-01

    Full Text Available Quinolones are broad-spectrum synthetic antibacterial drugs first obtained during the synthesis of chloroquine. Nalidixic acid, the prototype of quinolones, first became available for clinical consumption in 1962 and was used mainly for urinary tract infections caused by Escherichia coli and other pathogenic Gram-negative bacteria. Recently, significant work has been carried out to synthesize novel quinolone analogues with enhanced activity and potential usage for the treatment of different bacterial diseases. These novel analogues are made by substitution at different sites—the variation at the C-6 and C-8 positions gives more effective drugs. Substitution of a fluorine atom at the C-6 position produces fluroquinolones, which account for a large proportion of the quinolones in clinical use. Among others, substitution of piperazine or methylpiperazine, pyrrolidinyl and piperidinyl rings also yields effective analogues. A total of twenty six analogues are reported in this review. The targets of quinolones are two bacterial enzymes of the class II topoisomerase family, namely gyrase and topoisomerase IV. Quinolones increase the concentration of drug-enzyme-DNA cleavage complexes and convert them into cellular toxins; as a result they are bactericidal. High bioavailability, relative low toxicity and favorable pharmacokinetics have resulted in the clinical success of fluoroquinolones and quinolones. Due to these superior properties, quinolones have been extensively utilized and this increased usage has resulted in some quinolone-resistant bacterial strains. Bacteria become resistant to quinolones by three mechanisms: (1 mutation in the target site (gyrase and/or topoisomerase IV of quinolones; (2 plasmid-mediated resistance; and (3 chromosome-mediated quinolone resistance. In plasmid-mediated resistance, the efflux of quinolones is increased along with a decrease in the interaction of the drug with gyrase (topoisomerase IV. In the case of

  9. The Current Case of Quinolones: Synthetic Approaches and Antibacterial Activity.

    Science.gov (United States)

    Naeem, Abdul; Badshah, Syed Lal; Muska, Mairman; Ahmad, Nasir; Khan, Khalid

    2016-03-28

    Quinolones are broad-spectrum synthetic antibacterial drugs first obtained during the synthesis of chloroquine. Nalidixic acid, the prototype of quinolones, first became available for clinical consumption in 1962 and was used mainly for urinary tract infections caused by Escherichia coli and other pathogenic Gram-negative bacteria. Recently, significant work has been carried out to synthesize novel quinolone analogues with enhanced activity and potential usage for the treatment of different bacterial diseases. These novel analogues are made by substitution at different sites--the variation at the C-6 and C-8 positions gives more effective drugs. Substitution of a fluorine atom at the C-6 position produces fluroquinolones, which account for a large proportion of the quinolones in clinical use. Among others, substitution of piperazine or methylpiperazine, pyrrolidinyl and piperidinyl rings also yields effective analogues. A total of twenty six analogues are reported in this review. The targets of quinolones are two bacterial enzymes of the class II topoisomerase family, namely gyrase and topoisomerase IV. Quinolones increase the concentration of drug-enzyme-DNA cleavage complexes and convert them into cellular toxins; as a result they are bactericidal. High bioavailability, relative low toxicity and favorable pharmacokinetics have resulted in the clinical success of fluoroquinolones and quinolones. Due to these superior properties, quinolones have been extensively utilized and this increased usage has resulted in some quinolone-resistant bacterial strains. Bacteria become resistant to quinolones by three mechanisms: (1) mutation in the target site (gyrase and/or topoisomerase IV) of quinolones; (2) plasmid-mediated resistance; and (3) chromosome-mediated quinolone resistance. In plasmid-mediated resistance, the efflux of quinolones is increased along with a decrease in the interaction of the drug with gyrase (topoisomerase IV). In the case of chromosome

  10. 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 .

  11. NONLINEAR DYNAMICS RESPONSE OF CASING PIPE UNDER COMBINED WAVE-CURRENT

    Institute of Scientific and Technical Information of China (English)

    TANG You-gang; GU Jia-yang; ZUO Jian-li; MIN Jian-qin

    2005-01-01

    The vortex-induced nonlinear vibration of casing pipes in the deep water was studied considering the loads of current and combined wave-current. The vortex-induced vibration equation of a casing pipe was set up considering the beam mode and Morison's nonlinear fluid loads as well as the vortex-excited loads. The approach of calculating vortex-excited nonlinear vibration by Galerkin's method was proposed. The natural vibration frequencies and modes were obtained, and the response including primary resonance induced by current and the composite resonance under combined wave-current for the 170 m long casing pipe in the 160 m depth of water were investigated. The results show that the dynamics response of casing pipe obviously increases, and the complicated response behaviors of casing pipe are described under combined wave-current.

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

    Directory of Open Access Journals (Sweden)

    L. S. Kravchuk

    2015-01-01

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

  13. 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.

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    NISSIM COHEN

    2012-07-01

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

  16. Modeling of the Critical-Current Behavior of Nb3Sn Subsized Cables Under Transverse Load Using 2D Finite Element Analysis and a Strain Scaling Law

    CERN Document Server

    Wang, T; Takayasu, M; Bordini, B

    2014-01-01

    The mechanisms causing the critical-current degradation of ITER-type Nb3Sn Cable-in-Conduit-Conductors have been studied in the past decade. One of the origins of the degradation of the performance is the Lorentz load during magnet operations. The strands within the cable subjected to the transverse loads locally experience larger strains than the ones caused by tensile loads. Results obtained with experiments on full size cables are limited due to their cost and difficulty so, to predict the degradations of a Nb3Sn CICC under transverse loads, empirical laws should be established. Strain scaling laws are available but have never been used to determine the behavior of strands under transverse load. We propose a new method, by which the critical-current behavior of a subsized cable under transverse loads is derived from the critical-current behavior under uni-axial strains. This method is based on the strain state of the Nb3Sn filaments obtained by finite element analysis (FEA). The FEA strain results are used...

  17. 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.

  18. Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

    Science.gov (United States)

    Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

    2015-06-01

    High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  19. Failure to Obtain Computed Tomography Imaging in Head Trauma: A Review of Relevant Case Law.

    Science.gov (United States)

    Lindor, Rachel A; Boie, Eric T; Campbell, Ronna L; Hess, Erik P; Sadosty, Annie T

    2015-12-01

    The objectives were to describe lawsuits against providers for failing to order head computed tomography (CT) in cases of head trauma and to determine the potential effects of available clinical decision rules (CDRs) on each lawsuit. The authors collected jury verdicts, settlements, and court opinions regarding alleged malpractice for failure to order head CT in the setting of head trauma from 1972 through February 2014 from an online legal research tool (WestlawNext). Data were abstracted onto a standardized data form. The performance of five CDRs was evaluated. Sixty relevant cases were identified (52 adult, eight children). Of 48 cases with known outcomes, providers were found negligent in 10 cases (six adult, four pediatric), settled in 11 cases (nine adult, two pediatric), and were found not liable in 27 cases. In all 10 cases in which providers were found negligent, every applicable CDR studied would have indicated the need for head CT. In all eight cases involving children, the applicable CDR would have suggested the need for head CT or observation. A review of legal cases reported in a major online legal research system revealed 60 lawsuits in which providers were sued for failing to order head CTs in cases of head trauma. In all cases in which providers were found negligent, CT imaging or observation would have been indicated by every applicable CDR. © 2015 by the Society for Academic Emergency Medicine.

  20. Hidden Galilean symmetry, conservation laws and emergence of spin current in the soliton sector of chiral helimagnet

    Energy Technology Data Exchange (ETDEWEB)

    Bostrem, I.G. [Department of Physics, Ural State University, Ekaterinburg 620083 (Russian Federation); Kishine, J. [Faculty of Engineering, Kyushu Institute of Technology, Kitakyushu 804-8550 (Japan); Lavrov, R.V. [Department of Physics, Ural State University, Ekaterinburg 620083 (Russian Federation); Ovchinnikov, A.S. [Department of Physics, Ural State University, Ekaterinburg 620083 (Russian Federation)], E-mail: alexander.ovchinnikov@usu.ru

    2009-01-26

    An appearance of the transport spin current in chiral helimagnet is mathematically justified based on the symmetry arguments. Although the starting Lagrangian of the chiral magnet with the Berry phase term and the parity-violating Dzyaloshinskii-Morya coupling is not manifestly Galilean invariant, the Lie point group symmetry analysis and the variational symmetry analysis elucidate the hidden Galilean symmetry and the existence of the linear momentum as a conserved Noether current, respectively.

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

    Science.gov (United States)

    de Barcellos, Ana Paula

    2014-12-11

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

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

    Directory of Open Access Journals (Sweden)

    Rabeea SADAF

    2016-12-01

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

  3. 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.

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

    Science.gov (United States)

    Thiel, A; Hilken, S

    1993-09-01

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

  5. Business Law

    DEFF Research Database (Denmark)

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

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

  6. Cultural cognition and public policy: the case of outpatient commitment laws.

    Science.gov (United States)

    Kahan, Dan M; Braman, Donald; Monahan, John; Callahan, Lisa; Peters, Ellen

    2010-04-01

    What explains controversy over outpatient commitment laws (OCLs), which authorize courts to order persons with mental illness to accept outpatient treatment? We hypothesized that attitudes toward OCLs reflect "cultural cognition" (DiMaggio, P. Annl Rev Sociol 23:263-287, 1997), which motivates individuals to conform their beliefs about policy-relevant facts to their cultural values. In a study involving a diverse sample of Americans (N = 1,496), we found that individuals who are hierarchical and communitarian tend to support OCLs, while those who are egalitarian and individualistic tend to oppose them. These relationships, moreover, fit the cultural cognition hypothesis: that is, rather than directly influencing OCL support, cultural values, mediated by affect, shaped individuals' perceptions of how effectively OCLs promote public health and safety. We discuss the implications for informed public deliberation over OCLs.

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

    Science.gov (United States)

    Parmet, Wendy E

    2016-08-16

    This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell, the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future. Copyright © 2016 by Duke University Press.

  8. Profit intensity and cases of non-compliance with the law of demand/supply

    Science.gov (United States)

    Makowski, Marcin; Piotrowski, Edward W.; Sładkowski, Jan; Syska, Jacek

    2017-05-01

    We consider properties of the measurement intensity ρ of a random variable for which the probability density function represented by the corresponding Wigner function attains negative values on a part of the domain. We consider a simple economic interpretation of this problem. This model is used to present the applicability of the method to the analysis of the negative probability on markets where there are anomalies in the law of supply and demand (e.g. Giffen's goods). It turns out that the new conditions to optimize the intensity ρ require a new strategy. We propose a strategy (so-called à rebours strategy) based on the fixed point method and explore its effectiveness.

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

    Science.gov (United States)

    Terranova, Claudio; Rocca, Gabriele

    2016-01-01

    Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. © The Author(s) 2015.

  10. On the need of regulating surrogacy: Recent case law and activities in 2014

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2014-01-01

    Full Text Available The paper discusses three important events for a future possible international instrument on surrogacy with cross-border effects. The Hague Conference document 'The desirability and feasibility of further work on the Parentage / Surrogacy Project', the first two judgments of the European Court of Human Rights on the effects of cross-border surrogate motherhood and two judgments of the Court of the European Union on the right of intended mothers to maternity leave suggest that international regulation of the issues is desirable, but large differences between internal laws of states require further study on the possibility of reaching a consensus to draw up and accept a binding or not-binding multilateral instrument on the subject matter. The Mennesson v France ECHR judgment is particularly important, because it establishes violation of the right to respect private life of children who were given birth by a surrogate mother, and creates by this a contradiction between the margin of appreciation of a respective State and the principle of best interests of the child.

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

    Directory of Open Access Journals (Sweden)

    Agus Sardjono

    2013-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Ratno Lukito

    2014-03-01

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

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

    Science.gov (United States)

    Roberts, Michael T

    2011-01-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  15. Legal and other methods for harmonization of the Macedonian Commercial Law with the European Union Commercial Law

    Directory of Open Access Journals (Sweden)

    Koevski Goran

    2014-01-01

    Full Text Available In the first part of the Article general differences between the terms harmonization, unification and approximation of law are elaborated. Special emphasize is given to the available legal instruments and methods for harmonization of national law with the acquis communautaire especially in terms of the EU freedom of establishment, including the relevant CJEU case law. Next part of the Article is dedicated to the analyses of the relevant literature and legislation relating to the recent trends (pros and cons in harmonization of the EU Company Law (including EU insolvency legislation, EU Securities Law and EU Contract Law. Last section of the Article enlightens the current situation with the Macedonian Commercial Law harmonization with the respective EU law.

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

    Science.gov (United States)

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

    2015-01-01

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

  17. Business Law

    DEFF Research Database (Denmark)

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

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law...

  18. Whole Woman's Health V. Hellerstedt: The Empirical Case Against TRAP Laws.

    Science.gov (United States)

    Goodwin, Michele

    2017-06-13

    This commentary examines the US Supreme Court case Whole Woman's Health v Hellerstedt.1 This comment synthesizes the case, focusing primarily on its legislative and appellate history as well as the Supreme Court's analysis. The comment finds that while Whole Woman's Health represented a judicial victory for those who seek to safeguard and preserve abortion rights, it nevertheless further rooted the primacy of the Supreme Court's flawed framework in Planned Parenthood v Casey2, which rests on perpetuating the notion of abortion as a threat against women's physical and mental health. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

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

    Science.gov (United States)

    Eadie, Chris; Favis-Mortlock, David

    2010-05-01

    distribution is fitted, but a much longer recurrence interval — on the order of 1000 years — using the USA's standard LP3 method. In addition Pandey et al. (1998) found that fitting a power-law distribution, compared with fitting a Generalized Extreme Value distribution, can lead to a large decrease in the predicted return period for a given flood event. Both these findings have obvious implications for river management design. Power-law distributions have been fitted to fluvial discharge data by many authors (most notably by Malamud et al., 1996 and Pandey et al., 1998), who then use these fitted distributions to estimate flow probabilities. These authors found that the power-law performed as well or better than many of the distributions currently used around the world, despite utilising fewer parameters. The power-law has not, however, been officially adopted by any country for fitting to fluvial discharge data. This paper demonstrates a statistically robust method, based on Maximum Likelihood Estimation, for fitting a power-law distribution to mean daily streamflows. The fitted distribution is then used to calculate return periods, which are compared to the return periods obtained by other, more commonly used, distributions. The implications for river management, extremes of flow in particular, are then explored.

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

    Science.gov (United States)

    Kaplan, Howard

    2013-01-01

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

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

    Science.gov (United States)

    Hill, Doris Adams; Hill, Stephanie J.

    2012-01-01

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

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

    Science.gov (United States)

    Cranmore, Jeff; Fossey, Richard

    2014-01-01

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

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

    Science.gov (United States)

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

    2013-01-01

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

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

    NARCIS (Netherlands)

    Bierkens, Ilona; Vlieks, Caia

    2015-01-01

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

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

    NARCIS (Netherlands)

    Bierkens, Ilona; Vlieks, Caia

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Rosane Leal da Silva

    2011-12-01

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

  7. A novel modeling to predict the critical current behavior of Nb3Sn PIT strand under transverse load based on a scaling law and Finite Element Analysis

    CERN Document Server

    Wang, Tiening; Takayasu, Makoto; Bordini, Bernardo

    2014-01-01

    Superconducting Nb3Sn Powder-In-Tube (PIT) strands could be used for the superconducting magnets of the next generation Large Hadron Collider. The strands are cabled into the typical flat Rutherford cable configuration. During the assembly of a magnet and its operation the strands experience not only longitudinal but also transverse load due to the pre-compression applied during the assembly and the Lorentz load felt when the magnets are energized. To properly design the magnets and guarantee their safe operation, mechanical load effects on the strand superconducting properties are studied extensively; particularly, many scaling laws based on tensile load experiments have been established to predict the critical current dependence on strain. However, the dependence of the superconducting properties on transverse load has not been extensively studied so far. One of the reasons is that transverse loading experiments are difficult to conduct due to the small diameter of the strand (about 1 mm) and the data curre...

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

    OpenAIRE

    2012-01-01

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

  9. Equality Law and the Limits of the 'Business Case' for addressing Gender Inequalities

    OpenAIRE

    McLaughlin, C; Deakin. S.

    2011-01-01

    The 'business case' for gender equality rests on the claim that organisations can improve their competitiveness through improved diversity management, in particular by reducing turnover and training costs and minimising reputational and litigation risks arising from potentially discriminatory behaviour. It is also argued that through the mechanism of socially responsible investment (SRI), shareholders can put pressure on the management of listed companies to take gender issues more seriously....

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

    OpenAIRE

    Gerkrath, Jörg

    2014-01-01

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

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

    NARCIS (Netherlands)

    Gibson, B.N.

    2014-01-01

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

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

    NARCIS (Netherlands)

    Gibson, B.N.

    2014-01-01

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

  13. The development and introduction of an in-patient student law services for persons with serious mental illness: a case study.

    Science.gov (United States)

    Vingilis, Evelyn; Fuhrman, Brenda

    2007-09-01

    There is a need to provide legal assistance to persons who suffer with serious mental illness for legal problems over and above problems associated with mental illness. This paper describes a single-case study of the development and introduction of a pilot of a hospital-based, legal service, in partnership with The University of Western Ontario Faculty of Law. The data sources included direct observation and documentation. Law students provide legal services reflecting the application of a therapeutic jurisprudence approach. Interprofessional education and training occurs with law, medical, nursing and other students, and professionals on the principles and scholarship of therapeutic jurisprudence, mental illness and legal rights. A programmatic organizational template, the program logic model, was used to conceptualize the activities, and process, short-term, long-term and ultimate objectives, and indicators. The four core activities were: (1) patient access point to law students; (2) supervision of law students at the London Health Sciences Centre; (3) intake and access to other services, and (4) teaching and additional training of law and other students, physicians and other health caregivers. The development, issues and challenges of the introduction of an in-patient student law service is described.

  14. Current signature analysis for condition monitoring of cage induction motors industrial application and case histories

    CERN Document Server

    Thomson, William T

    2017-01-01

    This book has 13 chapters and contains a unique database of 50 industrial case histories on theapplication of MCSA to diagnose broken rotor bars or unacceptable levels of airgap eccentricity in cage induction motors with ratings from 127 kW (170 H.P.) to 10,160 kW (13,620 H.P.). There are also unsuccessful case histories which is another unique feature of the book. The case studies also illustrate the effects of mechanical load dynamics downstream of the motor on the interpretation of current signatures. A number of cases are presented where abnormal operation of the driven loadwas diagnosed.

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

    Directory of Open Access Journals (Sweden)

    Tomáš Gongol

    2013-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Giacosa Francesco

    2015-01-01

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

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

    Science.gov (United States)

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

    2010-05-01

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

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

    Science.gov (United States)

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

    2016-09-01

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

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

    Science.gov (United States)

    Rabiu, Abdul-Rasheed; Sugand, Kapil

    2014-02-22

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

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

    OpenAIRE

    2014-01-01

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

  1. Criminal Law

    DEFF Research Database (Denmark)

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

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

  2. NUMERICAL STUDY ON THE FORMATION OF THE SOUTH CHINA SEA WARM CURRENT I. BAROTROPIC CASE

    Institute of Scientific and Technical Information of China (English)

    2001-01-01

    In this work, Princeton Ocean Model (POM) was used to study the formation of the South China Sea Warm Current (SCSWC) in the barotropic case. Monthly averaged wind stress and the inflow/outflow transports in January were used in the numerical simulation which reproduced the SCSWC. The effects of wind stress and inflow/outflow were studied separately. Numerical experiments showed that the Kuroshio intrusion through the Luzon Strait and the slope shelf in the northern SCS are necessary conditions for the formation of the SCSWC. In a flat bottom topography experiment, the wind stress driven northeast current in the northern SCS is a compensatory current.

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

    Institute of Scientific and Technical Information of China (English)

    FENG Yan; HE Daming; LI Yungang

    2013-01-01

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

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

    Science.gov (United States)

    Hasian, Marouf, Jr.; And Others

    1996-01-01

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

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

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

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

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

    NARCIS (Netherlands)

    Duijkersloot, Ton

    2014-01-01

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

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

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

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

  8. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  9. 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

  10. Homosexuality, the Law, and Public Schools.

    Science.gov (United States)

    Brooks, Kenneth W.; And Others

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

  11. The New Guide to Student Recruitment Marketing. The Best of "Case Currents."

    Science.gov (United States)

    Smith, Virginia Carter, Ed.; Hunt, Susan, Ed.

    The 53 best articles from "Case Currents" on student recruitment marketing are presented. The importance of a marketing plan and ways to apply basic marketing principles to recruitment programs are explained. Eight sections cover: exploring the marketing concept; conducting market research and putting the data to work; reaching out to recruit…

  12. THE MATHEMATIC MODEL OF POTENTIAL RELAXATION IN COULOSTATIC CONDITIONS FOR LIMITING DIFFUSION CURRENT CASE

    Directory of Open Access Journals (Sweden)

    O. H. Kapitonov

    2010-05-01

    Full Text Available A mathematical model of coulostatic relaxation of the potential for solid metallic electrode was presented. The solution in the case of limiting diffusion current was obtained. On the basis of this model the technique of concentration measurements for heavy metal ions in diluted solutions was suggested. The model adequacy was proved by experimental data.

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

    Institute of Scientific and Technical Information of China (English)

    王静; 张立纳; 王金利

    2011-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    孟庆华; 王法

    2014-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1997-12-31

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

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

    Institute of Scientific and Technical Information of China (English)

    杨兴培; 郑旭江

    2014-01-01

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

  17. How Law Affects Lending

    OpenAIRE

    Haselmann, Rainer; Pistor, Katharina; Vig, Vikrant

    2006-01-01

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

  18. Borders, Violence, Law

    Directory of Open Access Journals (Sweden)

    JAVIER DE LUCAS

    2014-06-01

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

  19. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

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

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

    Science.gov (United States)

    2010-01-01

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

  1. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    孔令仙; 刘艳

    2013-01-01

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

  3. NUMERICAL STUDY ON THE FORMATION OF THE SOUTH CHINA SEA WARM CURRENT Ⅱ. BAROCLINIC CASE

    Institute of Scientific and Technical Information of China (English)

    王凯; 方国洪; 施心慧

    2001-01-01

    In this part, Levitus' climatological temperature and salinity are incorporated in the numerical model developed in Part I. Diagnostic and prognostic experiment on the thermohaline circulation were conducted. The smooth Levitus' data do not include any information on the South China Sea Warm Current (SCSWC), so it is not in the model-produced diagnostic thermohaline circulation. Although the SCSWC does not appear in the wind-driven circulation in the barotropic case, it appears in the prognostic wind-driven circulation in the baroclinic case. This implies that the differing circulation pat-terns between barotropic case and bareclinic case are due to the stratification. The prognostic thermohaline circulation with wind stress and inflow/outflow transports at open boundaries are also discussed. Coupling of density and dynamic forces makes the circulation pattern more complicated, Even though the stratification is not always a direct cause of the formation of the SCSWC, it is at least an indirect cause.

  4. NUMERICAL STUDY ON THE FORMATION OF THE SOUTH CHINA SEA WARM CURRENT II. BAROCLINIC CASE

    Institute of Scientific and Technical Information of China (English)

    王凯; 方国洪; 施心慧

    2001-01-01

    In this part, Levitus' climatological temperature and salinity are incorporated in the numerical model developed in Part I. Diagnostic and prognostic experiment on the thermohaline circulation were conducted. The smooth Levitus' data do not include any information on the South China Sea Warm Current (SCSWC), so it is not in the model-produced diagnostic thermohaline circulation. Although the SCSWC does not appear in the wind-driven circulation in the barotropic case, it appears in the prognostic wind-driven circulation in the baroclinic case. This implies that the differing circulation patterns between barotropic case and baroclinic case are due to the stratification. The prognostic thermohaline circulation with wind stress and inflow/outflow transports at open boundaries are also discussed. Coupling of density and dynamic forces makes the circulation pattern more complicated. Even though the stratification is not always a direct cause of the formation of the SCSWC, it is at least an indirect cause.``

  5. System implementation of electromobility, challenges to the energy industry law, current status. Pt. 1; Systemintegration von Elektromobilitaet, Herausforderung an das Energiewirtschaftsrecht, eine Standortbestimmung. T. 1

    Energy Technology Data Exchange (ETDEWEB)

    Keil, Eric [Verband kommunaler Unternehmen e.V., Berlin (Germany). Sachgebiet Netzzugang, Strom, Entflechtung; Schmelzer, Knut [Jena Univ. - Kompetenzzentrum fuer Technik, Wirtschaft, Recht e.V. (Germany). Inst. fuer Energiewirtschaftsrecht

    2010-11-15

    The authors of the first part of the contribution under consideration report on generic considerations on the implementation of electrical mobility in the valid energy industry law. Moreover, the authors report on the fundamental question whether and to what extent electrical mobility can be understood as an extended task of supply in the sense of the valid energy industry law.

  6. Haramaya Law Review: Submissions

    African Journals Online (AJOL)

    The Haramaya Law Review (HLR) is seeking original submissions in English ... including analysis of domestic or international laws and cases, the African Union ... In general, three consecutive words or more copied from a source should be treated .... If submitting to a peer-reviewed section of the journal, the instructions in ...

  7. Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II

    Science.gov (United States)

    Smith, Lesley Jane; Doldirina, Catherine

    2010-01-01

    Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.

  8. Criminal Law in Denmark

    DEFF Research Database (Denmark)

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

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

  9. Criminal Law in Denmark

    DEFF Research Database (Denmark)

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

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

  10. 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.

  11. Adjuvant transcranial direct current stimulation for treating Alzheimer's disease: A case study

    OpenAIRE

    Suellen Marinho Andrade; Camila Teresa Ponce Leon de Mendonça; Thobias Cavalcanti Laurindo Pereira; Bernardino Fernandez-Calvo; Regina Coely Neves Araújo; Nelson Torro Alves

    2016-01-01

    ABSTRACT We report the case of a 73-year-old male patient with Alzheimer's disease who underwent 10-daily transcranial direct current stimulation (tDCS) sessions. tDCS was applied over the left dorsolateral prefrontal cortex as an adjuvant to the traditional treatment that the patient was receiving, which consisted of anticholinergic medication and cognitive training. The data were qualitatively analyzed and are presented in an analytic and structured form. The effects on cognitive performanc...

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

    Directory of Open Access Journals (Sweden)

    Julie Ringelheim

    2006-12-01

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

  13. Chondral Rib Fractures in Professional American Football: Two Cases and Current Practice Patterns Among NFL Team Physicians

    National Research Council Canada - National Science Library

    McAdams, Timothy R; Deimel, Jay F; Ferguson, Jeff; Beamer, Brandon S; Beaulieu, Christopher F

    2016-01-01

    ...: To present 2 cases of chondral rib injuries in the National Football League (NFL) and discuss the current practice patterns for management of these injuries among the NFL team physicians. Study Design: Case series...

  14. 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.

  15. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    Lecturer, Faculty of Law, University of the. Western Cape ... In this article, the current socio-economic position of persons with disabilities in. South Africa will be ..... (b) To ensure access by persons with disabilities, in particular women and girls.

  16. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

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

  17. The Research of Through-casing Resistivity Logging Logging Calibration System Leakage Current Measurement Method

    Directory of Open Access Journals (Sweden)

    ZHANG Jiatian

    2013-07-01

    Full Text Available This paper introduces the logging principle of through-casing resistivity logging technology, finds a phenomenon that the leakage current measurements are susceptible to sufferring interferences. The through-casing resistivity logging technology in Russia and that of Schlumberger are studied, and the system of through-casing resistivity logging is established to improve the accuracy of calibrating, testing and measuring of the instrument. In this paper, distribution parameters of the form is replaced by the lumped parameter, and precision resistor array simulation in formation leakage current and scale pool simulation in different resistivity of formation are conducted, which make the dynamic range of the simulation in formation resistivity of the medium increase to 1- 300 Ω·m and meet the requirement of through-casing resistivity logging technology measurement range, 1 Ω·m ~ 100 Ω·m. Since the measuring signals of calibration acquisition and processing systems are extremely weak and calculation signals need to tell the nV (nanovolts level, the high accurate data acquisition system of 24 digits is applied.

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

    Institute of Scientific and Technical Information of China (English)

    Wang; Kai; Li; Hao; Zhang; Qingfei

    2015-01-01

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

  19. World law

    OpenAIRE

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

    1999-01-01

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

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

    NARCIS (Netherlands)

    Battjes, H.

    2006-01-01

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

  1. 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.

  2. Analysis on the Current Situation of College Students"Rule of Law"in the Context of Promoting"Ruling the Country by Law"%全面推进“依法治国”背景下大学生“法治”观的现状分析

    Institute of Scientific and Technical Information of China (English)

    肖青松; 赵文力

    2016-01-01

    current problems, in order to respond to the requirements of the rule of law.

  3. 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

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

    Directory of Open Access Journals (Sweden)

    SH. M. Hum. TAUFIQURRAHMAN

    2013-12-01

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

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

    DEFF Research Database (Denmark)

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

    2008-01-01

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

  6. A case control study of premorbid and currently reported physical activity levels in chronic fatigue syndrome

    Directory of Open Access Journals (Sweden)

    Buchwald Dedra

    2006-11-01

    Full Text Available Abstract Background Patients with chronic fatigue syndrome typically report high levels of physical activity before becoming ill. Few studies have examined premorbid and current activity levels in chronically fatigued patients. Methods In a case-control study, 33 patients with chronic, unexplained, disabling fatigue attending a university-based clinic specializing in fatigue were compared to 33 healthy, age- and sex-matched controls. Patients rated their activity levels before their illness and currently, using scales designed for this purpose. Controls reported their level of activity of 2 years previously and currently. Chi-square analyses, Student's t tests, and Wilcoxon signed rank tests were used in pair matched analyses. Results Compared to healthy controls, patients with chronic, unexplained fatigue rated themselves as more active before their illness (p ≤ 0.001 and less active currently (p ≤ 0.001. The patients also reported they currently stood or walked less than the controls (median [inter-quartile range] = 4 2345 versus 9 [7.5–12] hours, p ≤ 0.001, and spent more time reclining (median [inter-quartile range] = 12 10111213141516 versus 8 [8–9.5] hours, p ≤ 0.001. These differences remained significant for the subset of patients who met strict criteria for chronic fatigue syndrome or fibromyalgia. Conclusion Patients with chronic, unexplained, disabling fatigue reported being more active before becoming ill than healthy controls. This finding could be explained by greater premorbid activity levels that could predispose to illness, or by an overestimation of previous activity. Either possibility could influence patients' perceptions of their current activity levels and their judgments of recovery. Perceived activity should be addressed as part of management of the illness.

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

    Directory of Open Access Journals (Sweden)

    Saulius Lukas Kaleda

    2000-09-01

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

  8. Accelerating Virtual High-Throughput Ligand Docking: current technology and case study on a petascale supercomputer.

    Science.gov (United States)

    Ellingson, Sally R; Dakshanamurthy, Sivanesan; Brown, Milton; Smith, Jeremy C; Baudry, Jerome

    2014-04-25

    In this paper we give the current state of high-throughput virtual screening. We describe a case study of using a task-parallel MPI (Message Passing Interface) version of Autodock4 [1], [2] to run a virtual high-throughput screen of one-million compounds on the Jaguar Cray XK6 Supercomputer at Oak Ridge National Laboratory. We include a description of scripts developed to increase the efficiency of the predocking file preparation and postdocking analysis. A detailed tutorial, scripts, and source code for this MPI version of Autodock4 are available online at http://www.bio.utk.edu/baudrylab/autodockmpi.htm.

  9. Zoophilia and the law: legal responses to a rare paraphilia.

    Science.gov (United States)

    Holoyda, Brian; Newman, William

    2014-01-01

    Although societies' responses to bestiality have varied internationally, the response in the United States has typically involved condemnation and prosecution. Currently, there are 31 states with statutes prohibiting human-animal sexual contact. Despite the prevalence of antibestiality legislation, there is limited case law in the United States. Most commonly, bestiality arises in legal cases involving sexually violent predator (SVP) civil commitments. Identifying offenders who commit acts of bestiality is important, since these individuals may be at increased risk of committing a variety of other sexually and nonsexually violent acts against humans. Because of the different laws among the states, however, commonly used forensic risk assessment tools for sexual recidivism can yield different scores for individuals charged with or convicted of bestiality offenses. Forensic evaluators should consider this factor when conducting risk assessments. State legislatures should also consider modernizing their bestiality statutes to accord with current terminology and objectives for such laws. © 2014 American Academy of Psychiatry and the Law.

  10. 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.

  11. Changing Law and Ownership Patterns in Germany

    DEFF Research Database (Denmark)

    Ringe, Wolf-Georg

    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......: 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...... of ownership structure as an important intermediate condition in the logical order between market competition and legal change....

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

    Science.gov (United States)

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

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

    Science.gov (United States)

    Lanning, Kenneth V.

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

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

    NARCIS (Netherlands)

    Mansoor, Zeeshan

    2014-01-01

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

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2014-01-01

    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...

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

    NARCIS (Netherlands)

    Copeland, P.; ter Haar, B.

    2015-01-01

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

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

    Science.gov (United States)

    Harvard Civil Rights Project, Cambridge, MA.

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

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

    NARCIS (Netherlands)

    Copeland, P.; ter Haar, B.

    2015-01-01

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

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

    Science.gov (United States)

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

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

    DEFF Research Database (Denmark)

    Birkeland, Søren

    on case contents like threatening behavior, violence, patient characteristics, MR type, and case decision. Findings: Among 163 cases, 28 cases (17%) revealed physical violence towards staff or other patients (for example in one case the patient restrained a staff contact person with a choke hold thereby...... impairing breathing and causing neck musculature injury). Twenty-two cases (13%) implied self-destructive patient behavior. In 41 cases (25%) there had been expressed verbal threats, and 13 cases indicated physical threat (for example threatening fist towards staff). In 46 (28%) cases other violent (e...

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Paul J.A. de Hert

    2005-07-01

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

  3. Law-Based Ontology for E-Government Services Construction - Case Study: The Specification of Services in Relationship with the Venture Creation in Switzerland

    Science.gov (United States)

    Khadraoui, Abdelaziz; Opprecht, Wanda; Léonard, Michel; Aïdonidis, Christine

    The compliance of e-government services with legal aspects is a crucial issue for administrations. This issue becomes more difficult with the fast-evolving dynamics of laws. This chapter presents our approach to describe and establish the link between e-government services and legal sources. This link is established by an ontology called “law-based ontology.” We use this ontology as means to define and to construct e-government services. The proposed approach is illustrated with one case study: the specification of services in relationship with the venture ­creation in Switzerland and in the State of Geneva. We have selected the Commercial Register area which mainly encompasses the registration of a new company and the modification of its registration.

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

    Science.gov (United States)

    Anfray, Caroline

    2009-12-01

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

  5. THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY

    Directory of Open Access Journals (Sweden)

    Adrian HĂRĂTĂU

    2017-05-01

    Full Text Available In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4 of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b does not foresee the outcome of his actions, although he should and could have.”This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6 of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”.

  6. The Right to Development in International Law: New Momentum Thirty Years Down the Line?

    NARCIS (Netherlands)

    C.J.M. Arts (Karin); A. Tamo (Atabongawung)

    2016-01-01

    textabstractThe right to development (RTD) is contested in international law, politics and practice. This remains the case, despite the 30-year existence of the United Nations Declaration on the Right to Development (UNDRTD), the many substantive leads that current international law provides, and th

  7. What's Wrong with Teaching Facts to Constitutional Law Students--Rebuttal to a Colleague.

    Science.gov (United States)

    Giglio, Ernest D.

    1979-01-01

    Criticizes an article in the April 1978 issue of "Teaching Political Science" in which R. Langren maintained that case-decision identification and factual recall serve as good bases for a study of constitutional law. Current article maintains that law-related courses in a liberal arts context should stress good citizenship and critical analysis of…

  8. 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.

  9. Property Law

    OpenAIRE

    Dean Lueck; Thomas J. Miceli

    2004-01-01

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

  10. Whither the common law derivative action

    OpenAIRE

    Yap, JL

    2009-01-01

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

  11. Mitochondrial replacement techniques and Mexico's rule of law: on the legality of the first maternal spindle transfer case

    Science.gov (United States)

    Medina-Arellano, María de Jesús

    2017-01-01

    Abstract News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. PMID:28852557

  12. Puerto Rico Pesticides Distributors Agree To Come into Compliance with Federal Law and Provide Training To Settle Case Involving Illegal Sale of Methyl Bromide Pesticides In Puerto Rico and the U.S. Virgin Islands

    Science.gov (United States)

    EPA News Release: Puerto Rico Pesticides Distributors Agree To Come into Compliance with Federal Law and Provide Training To Settle Case Involving Illegal Sale of Methyl Bromide Pesticides In Puerto Rico and the U.S. Virgin Islands

  13. 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...

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

    OpenAIRE

    Abdul Karim Aldohni

    2014-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

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

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

    OpenAIRE

    Kyriakou, A.K

    2010-01-01

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

  17. 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.

  18. Thoughts on Current Situation of Science and Technology Law System in China%我国科技法律制度现状思考

    Institute of Scientific and Technical Information of China (English)

    范国强

    2005-01-01

    科技法(Technology Law)的概念大约是在20世纪80年代提出的,有专家认为是中国人最先提出的,也有专家认为是美国人最先提出的。比较而言,我国在科技法方面发展极为缓慢。在美国已有Harvard Journal of law & Technology,Stanford Technology law Review等研究科技法律制度的著名期刊,我国台湾也有专门研究机构,如台湾交通大学科技法律研究所等7个科技法研究中心。

  19. Transcranial Direct Current Stimulation combined with treadmill training in the subacute phase following stroke: case series

    DEFF Research Database (Denmark)

    Figlewski, Krystian; Nielsen, Jørgen Feldbæk; Blicher, Jakob

    Background Stroke is a common cause of gait impairment and regaining a normal gait is a major target in stroke rehabilitation. To facilitate motor recovery after stroke, a variety of experimental approaches have been tested. Recent developments include non-invasive brain stimulation techniques...... such as transcranial Direct Current Stimulation (tDCS). In neurophysiologic studies an imbalance of interhemispheric interactions has been demonstrated which is believed to interfere with the recovery process. This imbalance can be ameliorated by upregulation of the excitability in the lesioned hemisphere applying...... (Fig.3). No major side effects were reported. Conclusions This case series supports the feasibility of anodal tDCS combined with body weight support treadmill training and demonstrates that this type of intervention carries potential for strategy to improve gait recovery in early phase...

  20. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

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

  1. FROM THE MULTI-PARTY PROCESS OF CLASS ACTIONS TO THE COLLECTIVE PROCESS OF REPETITIVE CASES: MODELS OF COLLECTIVE TUTELAGE IN BRAZILIAN LAW

    Directory of Open Access Journals (Sweden)

    Graziela Argenta

    2017-05-01

    Full Text Available The article deals with the models of multi-party litigation established in Brazilian law, considering the class action model and the model systematized by the Civil Procedure Code of 2015 consisting of repetitive case judgments. It exposes the evolution, influences and consolidation of multi-party litigation in the Brazilian legal system, identifies the collective actions microsystem and deals with its relationship with the Civil Procedure Codes of 1973 and 2015, under a constitutional perspective. It presents characteristics of the incident of resolution of repetitive demands and the repetitive extraordinary and special appeals, with comparisons with the model of class actions. It discusses, from a comparative law perspective, the three great models of collective tutelage (American, European, and Brazilian in their relationship with the holders of individual rights. Finally, it brings forward considerations about the due process of law, presenting a doctrinal vision based on the need to evaluate the conflict and the complexity of the litigation to adapt the forms of multi-party conflicts resolution.

  2. The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2016-01-01

    the framework of EU external relations (Council of the European Union 2003; European Commission 2006 and 2014). This commitment might seem natural, the EU being a multilateral organization itself. However, this intuition that the EU – as an internally multilateral actor – should also display more commitment...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

  3. Using therapeutic jurisprudence and preventive law to examine disputants' best interests in mediating cases about physicians' practices: a guide for medical regulators.

    Science.gov (United States)

    Ferris, Lorraine E

    2004-01-01

    Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.

  4. Forensic human identification in the United States and Canada: a review of the law, admissible techniques, and the legal implications of their application in forensic cases.

    Science.gov (United States)

    Holobinko, Anastasia

    2012-10-10

    Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution--or vindication--of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  5. Dedifferentiated chondrosarcoma arising in fibrous dysplasia: A case report and review of the current literature

    Directory of Open Access Journals (Sweden)

    Nicole MD Riddle

    2009-06-01

    Full Text Available Nicole MD Riddle1, Hideko Yamauchi2, Jamie T Caracciolo4, David Johnson2, G Douglas Letson2, Ardeshir Hakam1,3, Prudence V Smith1,2,3, Marilyn M Bui1,2,31Department of Pathology and Cell Biology, University of South Florida, Tampa, FL, USA; 2Department of Sarcoma, 3Department of Anatomic Pathology, 4Department of Radiology, Moffitt Cancer Center, Tampa, FL, USABackground: Fibrous dysplasia is an uncommon bone disease that has rare but clear potential for malignant transformation. The frequency is increased in polyostotic forms, McCune–Albright syndrome, Mazabraud’s syndrome, and previously irradiated sites. Rapidly progressing pain unrelated to trauma is the most concerning symptom. The early radiological features of sarcomatous transformation are moth-eaten or cystic areas of osteolysis, cortical destruction, and gradual formation of a soft tissue mass. The prognosis is unfavorable as most of the cases are in an advanced stage at the time of diagnosis.Methods: This case was diagnosed at a large cancer center in Florida. Pertinent clinical findings were obtained from chart review and inter-departmental consultation.Results: Histopathological examination revealed dysplastic lamellar bone with no osteoblastic rimming and “Chinese letter” shapes, areas composed of lobulated hyaline cartilage with mild to severe nuclear atypia, and areas of poorly differentiated cells with a spindled appearance, consistent with chondrosarcoma arising within fibrous dysplasia.Conclusions: Sarcomatous transformation of fibrous dysplasia is an uncommon occurrence, yet has significant importance for those with the disease. There may be difficulty with diagnosis given the symptoms and radiologic findings of benign fibrous dysplasia. We report a case of chondrosarcoma rising in fibrous dysplasia and review the current literature. This case is of interest due to the fact that the diagnosis of monostotic fibrous dysplasia was first made at the age of 59 and

  6. Transcranial Alternating Current Stimulation: A Potential Risk for Genetic Generalized Epilepsy Patients (Study Case)

    Science.gov (United States)

    San-Juan, Daniel; Sarmiento, Carlos Ignacio; Hernandez-Ruiz, Axel; Elizondo-Zepeda, Ernesto; Santos-Vázquez, Gabriel; Reyes-Acevedo, Gerardo; Zúñiga-Gazcón, Héctor; Zamora-Jarquín, Carol Marina

    2016-01-01

    Transcranial alternating current stimulation (tACS) is a re-emergent neuromodulation technique that consists in the external application of oscillating electrical currents that induces changes in cortical excitability. We present the case of a 16-year-old female with pharmaco-resistant juvenile myoclonic epilepsy to 3 antiepileptic’s drugs characterized by 4 myoclonic and 20 absence seizures monthly. She received tACS at 1 mA at 3 Hz pulse train during 60 min over Fp1–Fp2 (10–20 EEG international system position) during 4 consecutive days using an Endeavor™ IOM Systems device® (Natus Medical Incorporated, Middleton, WI, USA). At the 1-month follow-up, she reported a 75% increase in seizures frequency (only myoclonic and tonic–clonic events) and developed a 24-h myoclonic status epilepticus that resolved with oral clonazepam and intravenous valproate. At the 2-month follow-up, the patient reported a 15-day seizure-free period. PMID:27965623

  7. Transcranial Alternating Current Stimulation: A potential risk for genetic generalized epilepsy patients (Study Case

    Directory of Open Access Journals (Sweden)

    Daniel San Juan Orta

    2016-11-01

    Full Text Available Transcranial alternating current stimulation (tACS is a re-emergent neuromodulation technique that consists in the external application of oscillating electrical currents that induces changes in cortical excitability. We present the case of a 16-year-old female with pharmaco-resistant juvenile myoclonic epilepsy to three antiepileptic’s drugs characterized by four myoclonic and 20 absence seizures monthly. She received tACS at 1mA@3Hz pulse train during 60 minutes over Fp1-Fp2 (10-20 EEG international system position during 4 consecutive days using an Endeavor™ IOM Systems device® (Natus Medical Incorporated, Middleton, WI, USA. At the one-month follow-up, she reported a 75% increase in seizures frequency (only myoclonic and tonic-clonic events and developed a 24h myoclonic status epilepticus that resolved with oral clonazepam and intravenous valproate. At the two-month follow-up, the patient reported a 15-day seizure-free period.

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

    Science.gov (United States)

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

    2016-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    武祎

    2015-01-01

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

  10. Notes on conservation laws in chiral hydrodynamics

    CERN Document Server

    Zakharov, V I

    2016-01-01

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

  11. Law of 22 April 2005 on patients' rights and the end of life in France: setting the boundaries of euthanasia, with regard to current legislation in other European countries.

    Science.gov (United States)

    Clin, Bénédicte; Ophélie, Ferrant

    2010-10-01

    The term 'euthanasia' is not clearly defined. Euthanasia is evoked in many aspects of terminal care: interruption of curative treatment at the end of life, palliative care or the act of deliberately provoking death through compassion. A law on 'patients' rights and the end of life', promulgated in France on 22 April 2005, led to changes in the French Code of Public Health. In this work, we have first outlined the key provisions of this law and the changes it has brought, then we have compared current legislation on the subject throughout Europe, where a rapid overview of current practice in terminal patient care revealed four different types of legislation: the first authorizes euthanasia (in the sense of provoking death, if this choice is medically justified), the second legalizes 'assisted suicide', the third, which is sometimes referred to as 'passive euthanasia', consists of the non-administration of life-sustaining treatment and, finally, the fourth prohibits euthanasia in any form whatsoever. In the last section, we have attempted to clarify the as yet indistinct notion of 'euthanasia' in order to determine whether the conception of terminal care in the Law of 22 April 2005 was consistent with that put forward by the philosopher Francis Bacon, who claimed that, 'The physician's role is to relieve pain, not only when such relief can lead to healing, but also when it can proffer a calm and trouble-free death, thus putting an end to the suffering and the agony of death' (modern adaptation of the original quote).

  12. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

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

  13. The Long Term Effect of Current and New Interventions on the New Case Detection of Leprosy: A Modeling Study

    NARCIS (Netherlands)

    Fischer, E.A.J.; Vlas, de S.J.; Habbema, J.D.F.; Richardus, J.H.

    2011-01-01

    Background: Although the number of newly detected leprosy cases has decreased globally, a quarter of a million new cases are detected annually and eradication remains far away. Current options for leprosy prevention are contact tracing and BCG vaccination of infants. Future options may include chemo

  14. An Argument for States to Outlaw 'Revenge Porn' and for Congress to Amend 47 U.S.C. §230: How Our Current Laws Do Little to Protect Victims

    Directory of Open Access Journals (Sweden)

    Casey Martinez

    2014-05-01

    Full Text Available This note examines the intersection of law and technology as it relates to the issue of revenge porn.  Revenge porn comes in many forms but most commonly refers to the online posting of sexually explicit photos or videos of past lovers, without their consent, after the relationship has ended.  The author explains how the current legal framework has left many victims without legal recourse to punish those who have posted their intimate photos or videos without consent, and few options to have their images removed from the internet once they have been posted.  The note argues that in order to protect victims, states should make laws to criminalize the posting of revenge porn and the Communications Decency Act should be amended to give victims the power to have their images removed from websites.

  15. Analytical Analysis and Case Study of Transient Behavior of Inrush Current in Power Transformer for Designing of Efficient Circuit Breakers

    Science.gov (United States)

    Harmanpreet, Singh, Sukhwinder; Kumar, Ashok; Kaur, Parneet

    2010-11-01

    Stability & security are main aspects in electrical power systems. Transformer protection is major issue of concern to system operation. There are many mall-trip cases of transformer protection are caused by inrush current problems. The phenomenon of transformer inrush current has been discussed in many papers since 1958. In this paper analytical analysis of inrush current in a transformer switched on dc and ac supply has been done. This analysis will help in design aspects of circuit breakers for better performance.

  16. Health Law: Notifiable diseases

    Directory of Open Access Journals (Sweden)

    Gastón Casaux

    2014-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Gabriela Ribeiro Farinha

    2015-12-01

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

  18. Medical malpractice in the management of small bowel obstruction: A 33-year review of case law.

    Science.gov (United States)

    Choudhry, Asad J; Haddad, Nadeem N; Rivera, Mariela; Morris, David S; Zietlow, Scott P; Schiller, Henry J; Jenkins, Donald H; Chowdhury, Naadia M; Zielinski, Martin D

    2016-10-01

    Annually, 15% of practicing general surgeons face a malpractice claim. Small bowel obstruction accounts for 12-16% of all surgical admissions. Our objective was to analyze malpractice related to small bowel obstruction. Using the search terms "medical malpractice" and "small bowel obstruction," we searched through all jury verdicts and settlements for Westlaw. Information was collected on case demographics, alleged reasons for malpractice, and case outcomes. The search criteria yielded 359 initial case briefs; 156 met inclusion criteria. The most common reason for litigation was failure to diagnose and timely manage the small bowel obstruction (69%, n = 107). Overall, 54% (n = 84) of cases were decided in favor of the defendant (physician). Mortality was noted in 61% (n = 96) of cases. Eighty-six percent (42/49) of cases litigated as a result of failing to diagnose and manage the small bowel obstruction in a timely manner, resulting in patient mortality, had a verdict with an award payout for the plaintiff (patient). The median award payout was $1,136,220 (range, $29,575-$12,535,000). A majority of malpractice cases were decided in favor of the defendants; however, cases with an award payout were costly. Timely intervention may prevent a substantial number of medical malpractice lawsuits in small bowel obstruction, arguing in favor of small bowel obstruction management protocols. Copyright © 2016 Elsevier Inc. All rights reserved.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1992-09-01

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

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

    Institute of Scientific and Technical Information of China (English)

    段宝林

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Chen Cao

    2016-06-01

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

  2. [Recent developments in medical law].

    Science.gov (United States)

    Schewe, G

    1984-01-01

    The most spectacular aspect is the extremely rapid expansion of medical law. Even if there is a close connection between developments in medicine and in law, the question must be asked as to what extent new discoveries and advances in medicine play a dominant role here, and to what extent the emphasis is on the further development of law. How advances in medicine can give rise to new legal problems was most impressively demonstrated some time ago by the discussion about cerebral death. In view of the progress made in the field of re-animation and intensive care, the current question is whether or not the physician's duties and rights to maintain life should be limited in hopeless cases when patients are incapable of making decisions themselves. This is demonstrated in particular by the discussion about the binding character of "patient testaments" in which healthy subjects declare that they do not want treatment under such circumstances. The decisive factor will continue to be the presumptive will of the patient at the respective time, and this will have to be ascertained considering all circumstances prevailing at that time. New questions with regard to the ethical and legal limitation of the technically feasible also arise from the possibility of culturing embryos from legal abortions or extracorporally fertilized ova to obtain transplants, and from the possibility of implanting extracorporally fertilized ova into the uterus, perhaps that of a "hired childbearing wet-nurse." In addition to ethical and legal problems, questions of parentage would arise here similar to those already of current interest in connection with artificial heterologous insemination. For physicians practicing these methods, questions concerning liability and the limitation of professional secrecy vis-à-vis the semen donor might become the issue of law suits in the near future. Current problems of "unsuccessful sterilization" and nonperformance of an abortion through the physician's fault

  3. Sample injection strategy to increase throughput in counter-current chromatography: Case study of Honokiol purification.

    Science.gov (United States)

    Peng, Aihua; Hewitson, Peter; Ye, Haoyu; Zu, Liansuo; Garrard, Ian; Sutherland, Ian; Chen, Lijuan; Ignatova, Svetlana

    2016-12-09

    Counter-current chromatography (CCC) has been widely used as a preparative separation method to purify natural products from plant extracts and fermentation broths. Traditionally, throughput optimization in CCC has focused on sample concentration and sample volume. In this paper sample injection was considered as consisting of three variables: injection flow rate, post-injection flow rate and sample solvent. The effects of these parameters were studied using a honokiol purification from a Magnolia officinalis bark extract as a case study aiming to achieve the highest throughput/yield ratio for greater than 99% purity of this potential anti-cancer drug obtained for submission to the Chinese FDA. An injection method was established that increased the throughput of honokiol by 46.5% (from 3.05g/h to 4.47g/h), and decreased the solvent consumption of mobile phase and stationary phase per gram of honokiol by 40.0% (from 0.68L/g to 0.41L/g) and 48.4% (from 0.40L/g to 0.21L/g) respectively. These results show the importance of understanding the whole injection process when optimizing a given CCC separation.

  4. Partial discharge measurements on 110kV current transformers. Setting the control value. Case study

    Science.gov (United States)

    Dan, C.; Morar, R.

    2017-05-01

    The case study presents a series of partial discharge measurements, reflecting the state of insulation of 110kV CURRENT TRANSFORMERS located in Sibiu county substations. Measurements were performed based on electrical method, using MPD600: an acquisition and analysis toolkit for detecting, recording, and analyzing partial discharges. MPD600 consists of one acquisition unit, an optical interface and a computer with dedicated software. The system allows measurements of partial discharge on site, even in presence of strong electromagnetic interferences because it provides synchronous acquisition from all measurement points. Therefore, measurements, with the ability to be calibrated, do render: - a value subject to interpretation according to IEC 61869-1:2007 + IEC 61869-2:2012 + IEC 61869-3:2011 + IEC 61869-5:2011 and IEC 60270: 2000; - the possibility to determine the quantitative limit of PD (a certain control value) to which the equipment can be operated safely and repaired with minimal costs (relative to the high costs implied by eliminating the consequences of a failure) identified empirically (process in which the instrument transformer subjected to the tests was completely destroyed).

  5. [Devic syndrome--case report, current principles of diagnosis and therapy].

    Science.gov (United States)

    Iljicsov, Anna; Barsi, Péter; Várallyay, György; Tátrai, Erika; Somfai, Gábor Márk; Bereczki, Dánieli; Rudas, Gábor; Simó, Magdolna

    2010-09-30

    Neuromyelitis optica (NMO, Devic-syndrome) is a rare, relapsing autoimmune disease of the central nervous system, which is distinguished from other demyelinating disorders by a recently identified, specific autoantibody. By demonstrating the anti-aquaporin-4 IgG in the serum, a heterogenous group of syndromes can be defined, called NMO-spectrum. In the future, optical coherence tomography may support this diagnosis besides the clinical features, imaging examinations and presence of serum antibody. Early recognition and treatment can improve clinical outcome even in serious condition. Long-term immunosuppressive therapy is advised to prevent further relapses and to stabilize or improve clinical status. Hereby, we report a case of a 51-year-old woman, under treatment for one and a half years. We summarize the current knowledge about the pathomechanism, diagnostic strategy and therapy of neuromyelitis optica. We review recent findings and the diagnostic value of a new, non-invasive ophtalmological examination, the optical coherence tomography. According to the first results, this method may be helpful in the early differential diagnosis of optic neuritis.

  6. Private Finance Initiative (PFI for Road Projects in UK: Current Practice with a Case Study

    Directory of Open Access Journals (Sweden)

    Rifat Akbiyikli

    2011-05-01

    Full Text Available The long-term sustainable provision of new and high quality maintained road stock is vitally important, especially in times of economic constraint such as Europe is currently experiencing. The Private Finance Initiative (PFI is one method of financing such large-scale, capital intensive projects. An important aspect of this form of financing projects is that the risks are borne not only by the sponsors but are shared by different types of investors such as equity holders, debt providers, and quasi-equity investors. Consequently, a comprehensive and heuristic risk management process is essential for the success of the project. The proposition made within this paper is that the PFI mechanism provides a Value-for-Money and effective mechanism to achieve this. The structure of this PFI finance and investment on a particular road project therefore enables all project stakeholders to take a long-term perspective. This long-term perspective is reflected in the mechanism of a case study of UK – Class A trunk roads which are examined in detail. This paper presents a novel solution to a modern dilemma.

  7. Transcranial direct current stimulation and cognitive training in the rehabilitation of Alzheimer disease: A case study.

    Science.gov (United States)

    Penolazzi, Barbara; Bergamaschi, Susanna; Pastore, Massimiliano; Villani, Daniele; Sartori, Giuseppe; Mondini, Sara

    2015-01-01

    In the present study we tested the cognitive effects of transcranial direct current stimulation (tDCS) in a case of probable Alzheimer disease (AD). The patient (male, 60 years, mild AD) underwent two cycles of treatments, separated by 2 months. In the first cycle, active stimulation (10 sessions, 2 mA for 20 min; anode over the left dorsolateral prefrontal cortex) was followed by computerised tasks (CTs) specifically chosen to engage the most impaired cognitive processes in the patient (tDCS+CT condition). In the second cycle, which was structured as the first, CTs were administered after placebo stimulation (sham+CT condition). Effects on cognitive performance were evaluated not only by the CTs, but also by neuropsychological tests assessing global cognitive functioning. Statistical analyses revealed that whereas the tDCS+CT condition had few effects on the CTs, it induced a stability of the patient's global cognitive functioning lasting approximately 3 months, which was not achieved when the patient underwent sham+CT condition. Therefore, the synergetic use of tDCS and CTs appeared to slow down the cognitive decline of our patient. This preliminary result, although in need of further confirmation, suggests the potentiality of tDCS as an adjuvant tool for cognitive rehabilitation in AD.

  8. Hip resurfacing arthroplasty: mid-term results in 486 cases and current indication in our institution.

    Science.gov (United States)

    Ribas, Manuel; Cardenas, Carlomagno; Astarita, Emanuele; Moya, Esther; Bellotti, Vittorio

    2014-10-02

    In the previous decade, metal-on-metal hip resurfacing has been considered an attractive option and theoretically advantageous over conventional total hip arthroplasty, especially in young active patients. Different authors have reported favourable mid-term clinical and functional results with acceptable survival rates. Proper indication and planning, as accurate technical execution have been advocated to be crucial elements for success.Concerns regarding serum metal ion levels and possible clinical implications have led in the last years to a decline in the use of metal-on-metal hip resurfacing and metal-on-metal bearings in general.The aim of this study is to present the results of our first 486 cases of hybrid hip resurfacing arthroplasties with a second generation cementing technique, and to describe our current restricted indication of this type of prosthesis, in the light of recent findings in the literature about the possible complications related to metallosis or improper patient selection. Global survivorship of our series was 97.9% at a mean follow-up of 7.2 years.In the second season of our experience the indication is restrictive. The candidate for a resurfacing hip replacement is a young and active male patient, with good bone quality, that has been made aware of the risks and benefits of this type of prosthesis.

  9. Current status and prospects of the persecution of child recruiters: the Colombian case

    Directory of Open Access Journals (Sweden)

    Ana María Caballero Acevedo

    2015-10-01

    Full Text Available The purpose of this work is to acknowledge the dispositions that would be applicable to the perpetrators of child recruitment in the Colombian armed conflict, observing (i the dynamics of child recruitment in the country, (ii the international law, (iii the national law, and (iv relevant global trends. On the basis of documentary work, it was found that the nature of the crime of child recruitment, the growing global demands on its punishment and the adoption of tough dispositions in the national legislation, clear the way for the prosecution of perpetrators. Other remarked findings are these two identified trends: (i both in the national and the international scenes, it is widely accepted that the age of 18 (opposed to the 15 years old previous disposition is the minimum for being protected against child recruitment; and (ii amnesties granted within transitional justice processes are increasingly and decidedly excluding serious crimes, like child recruitment.

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

    Energy Technology Data Exchange (ETDEWEB)

    Petrov, M.M.

    1993-12-31

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

  11. 略论我国专利法的完善%On the Improvement of the Current Patent Law of Our Country

    Institute of Scientific and Technical Information of China (English)

    田宝会

    2001-01-01

    There exist serious defects both in the stipulations and expression of the contents of patent rights and in the use and management of the three big patent rights.At the same time some stipulations can not meet the needs of establishing socialist market economy and modern enterprise system.Therefore we should carry out the modification and perfection for the patent law.%我国现行专利法在专利权的内容的规定和表述上、在三大专利权的使用管理上均存在严重缺陷,同时有些规定已经不能适应建立社会主义市场经济和现代企业制度的需要。因此,应对专利法进行修改和完善。

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

    Institute of Scientific and Technical Information of China (English)

    张燕

    2011-01-01

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

  13. 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.

  14. Impact Factors on Transformer Neutral Point Current and Its Laws%变压器中性点电流的影响因素及其规律

    Institute of Scientific and Technical Information of China (English)

    王晓毛; 谢应耿; 夏成军

    2014-01-01

    针对广东电网多回直流输电系统对变电站主变压器的影响,从电路原理出发,设计了一个简单的电流分布计算模型,并推导出地中直流电流的数学表达式,论证了中性点电流的主要影响因素;引入线性回归分析方法计算各影响因素与中性点电流关系的回归模型,利用回归方程来估计直流极的影响范围。分析计算以±800 kV楚穗直流输电线路为例,验证了变压器中性点电流与直流输送功率的线性特点,并且说明了在合适位置投入直流抑制装置,可以抑制区域内流入电网的直流电流的总值。%Aiming at impact on the main transformer of substation by multi-loop direct current power transmission system in Guang-dong power grid,a simple current distribution calculation model was design based on principles of electric circuits,mathematical ex-pression for direct current was derived and main impact factors on neutral point current were demonstrated.In addition,a linear re-gression analysis method was introduced to calculate the regression model of various impact factors and neutral point current.Mean-while,the regression equation was used to estimate impact range of the direct current pole.Taking ±800 kV Chusui direct current power transmission lines as analysis and calculation example,linear characteristics of transformer neutral point current and direct current transmission power were verified.Meanwhile,it was proved to be effective in restraining total value of direct current flow-ing into the power grid in the region by installing direct current suppression device.

  15. The Drafting of a Law against Discrimination on the Grounds of Racial or Ethnic Origin in Germany - Constraints in Constitutional and European Community Law

    Directory of Open Access Journals (Sweden)

    Frank Selbmann

    2002-10-01

    Full Text Available On 29 June 2000 the European Council adopted the Race Equality Directive, which outlaws, inter alia, direct and indirect discrimination based on racial or ethnic origin regarding access to employment and supply of goods and services, which are available to the public. EC member states now have to adopt laws to comply with the directive. Thus, the German Federal Ministry of Justice introduced a Discussion Draft Law on the Prevention of Discrimination in the Private Sector. The publication of the discussion draft led to a debate among scholars and players in the field of anti-discrimination. some scholars endorsed the draft law. Other authors claimed that the draft law violates not only the constitution but also common sense. This article gives an overview of current German regulations against discrimination on the grounds of racial or ethnic origin, the discussion on the draft law and its compatibility with constitutional and European Community law. It will show, that most of the arguments against the draft law are unfounded. The author argues that the primary basis for an assessment of the compatibility with higher-ranking law is European Community law and not German constitutional law. However, a carefully drafted discrimination law in the sector of private and labour law would be consistent with the Basic Law. Owing to the recent election campaign in Germany, the adoption of the Draft Law was postponed. Thus, the author also discusses consequences deriving from European Community law, should it be the case that Germany fails to implement the Race Equality Directive, in the period prescribed by the directive.

  16. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

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

  17. RELIGION AND LAW IN THE WESTERN SEPHARDI COMMUNITY: SOME REMARKS FROM THE CASE OF LIVORNO DURING THE EARLY MODERN PERIOD

    Directory of Open Access Journals (Sweden)

    Mauricio Dimant

    2017-06-01

    Full Text Available This article examines documents of the Sephardic Community of Livorno during the 17th century, with special attention to the escamot that refer to legal aspects of Jewish life in this port-city, in order to contribute to the study of the religious community experiences during political changes in Europe in the Early Modern Period. This enables analysis of how, and to what extent, the mechanisms of communal socialization and social control in the public and private spheres were related to the process in which the territorial authority and the political control of its borders were reinforced in Tuscany. It argues that Sephardic community legal decisions reinforced political processes in Livorno (and Tuscany, rather than merely been unconnected to them. This argument implies reconsidering not only the role of Diasporic religious communities in local political context, but also the role of local context in the tension between religion and law. From this perspective, it is possible to deepen our understanding of the experience of religious communities regarding the conception on Justice.

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

    Science.gov (United States)

    Domínguez Alonso, Patricia

    2012-01-01

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

  19. Apology and Spanish Criminal Law at the Post-Sentencing Level: the Gap Between Legal Provisions and Victims and Offenders’ Experiences in Cases of Terrorism

    Directory of Open Access Journals (Sweden)

    Gema Varona

    2017-08-01

    Full Text Available This paper deals with the Spanish provisions in criminal law requesting apology by offenders in organized crime, including terrorism. In order to grant parole, apology is required, among other possible means provided by law, to accredit the abandonment of the ends and means of the terrorist activity. Those legal provisions will be contrasted with the experience and narratives of victims and offenders in cases of terrorism. Final conclusions will be derived in relation to the possibility of restorative apologies in these contexts.Este artículo aborda las provisiones españolas en materia de derecho penal que solicitan la petición de perdón de los delincuentes del crimen organizado, incluyendo el terrorismo. Entre otras medidas posibles que plantea la ley, para obtener la libertad condicional se requiere una disculpa, para acreditar el abandono de los fines y los medios de la actividad terrorista. Estas provisiones legales se contrastarán con la experiencia y las narraciones de víctimas y delincuentes en casos de terrorismo. Se ofrecen conclusiones finales en relación con la posibilidad de disculpas restaurativas en estos contextos.DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3002481

  20. 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.

  1. Transvertebral direct current stimulation paired with locomotor training in chronic spinal cord injury: A case study.

    Science.gov (United States)

    Powell, Elizabeth Salmon; Carrico, Cheryl; Raithatha, Ravi; Salyers, Emily; Ward, Andrea; Sawaki, Lumy

    2016-01-01

    This double-blind, sham-controlled, crossover case study combined transvertebral direct current stimulation (tvDCS) and locomotor training on a robot-assisted gait orthosis (LT-RGO). Determine whether cathodal tvDCS paired with LT-RGO leads to greater changes in function and neuroplasticity than sham tvDCS paired with LT-RGO. University of Kentucky (UK) HealthCare Stroke and Spinal Cord Neurorehabilitation Research at HealthSouth Cardinal Hill Hospital. A single subject with motor incomplete spinal cord injury (SCI) participated in 24 sessions of sham tvDCS paired with LT-RGO before crossover to 24 sessions of cathodal tvDCS paired with LT-RGO. Functional outcomes were measured with 10 Meter Walk Test (10MWT), 6 Minute Walk Test (6MWT), Spinal Cord Independence Measure-III (SCIM-III) mobility component, lower extremity manual muscle test (MMT), and Berg Balance Scale (BBS). Corticospinal changes were assessed using transcranial magnetic stimulation. Improvement in 10MWT speed, SCIM-III mobility component, and BBS occurred with both conditions. 6MWT worsened after sham tvDCS and improved after cathodal tvDCS. MMT scores for both lower extremities improved following sham tvDCS but decreased following cathodal tvDCS. Corticospinal excitability increased following cathodal tvDCS but not sham tvDCS. These results suggest that combining cathodal tvDCS and LT-RGO may improve functional outcomes, increase corticospinal excitability, and possibly decrease spasticity. Randomized controlled trials are needed to confirm these conclusions. This publication was supported by the National Center for Research Resources and the National Center for Advancing Translational Sciences, National Institutes of Health, through Grant UL1TR000117, and the HealthSouth Cardinal Hill Stroke and Spinal Cord Endowment (1215375670).

  2. Current Practices in Constructing and Evaluating Assurance Cases With Applications to Aviation

    Science.gov (United States)

    Rinehart, David J.; Knight, John C.; Rowanhill, Jonathan

    2015-01-01

    This report introduces and provides an overview of assurance cases including theory, practice, and evaluation. This report includes a section that introduces the principles, terminology, and history of assurance cases. The core of the report presents twelve example uses of assurance cases from a range of domains, using a novel classification scheme. The report also reviews the state of the art in assurance case evaluation methods.

  3. Incidence of animal poisoning cases in the Czech Republic: current situation.

    Science.gov (United States)

    Modrá, Helena; Svobodová, Zdeňka

    2009-06-01

    This article reports the most frequent cases of poisoning in farm animals, horses, cats, dogs, wild animals, fish and honey-bees in the Czech Republic. At present, there are fewer cases of acute poisoning caused by high doses of toxic substances but there are more and more cases of chronic poisoning as a consequence of environmental pollution.

  4. 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...

  5. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    刘海昭; 都晓春

    2015-01-01

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

  7. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

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

  8. Health Insurance Coverage and Use of Family Planning Services among Current and Former Foster Youth: Implications of the Health Care Reform Law

    Science.gov (United States)

    Dworsky, Amy; Ahrens, Kym; Courtney, Mark

    2013-01-01

    This research uses data from a longitudinal study to examine how two provisions in the Patient Protection and Affordable Care Act could affect health insurance coverage among young women who have aged out of foster care. It also explores how allowing young people to remain in foster care until age twenty-one affects their health insurance coverage, use of family planning services, and information about birth control. We find that young women are more likely to have health insurance if they remain in foster care until their twenty-first birthday and that having health insurance is associated with an increase in the likelihood of receiving family planning services. Our results also suggest that many young women who would otherwise lack health insurance after aging out of foster care will be eligible for Medicaid under the health care reform law. Because having health insurance is associated with use of family planning services, this increase in Medicaid eligibility may result in fewer unintended pregnancies among this high-risk population. PMID:23262773

  9. A Litigation Trend Analysis of Case Law Outcomes Pertaining to the Educational Rights of English Learners: A Civil Rights Issue

    Science.gov (United States)

    Racines, Delia Elizabeth

    2014-01-01

    The landmark 2001 No Child Left Behind (NCLB) Act has been a step forward in federal policy for the ever-increasing population of English Learners (ELs), fostering inclusion in standards-based assessments and college and/or career-readiness efforts, yet, ELs continue to struggle academically. The current 5.4 million ELs make up the lowest…

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

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

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

  11. The First Law of Elasticity

    Science.gov (United States)

    Girill, T. R.

    1972-01-01

    The Boyle-Mariotte gas law was formulated in terms of pneumatic springs," subsumed by Hooke under his own stress-strain relation, and generally regarded as a law of elasticity. The subsequent development of Boyle's principle and elasticity provide thought-provoking test cases for Kuhn's notations of paradigm and puzzle solving in physics.…

  12. Haramaya Law Review: Editorial Policies

    African Journals Online (AJOL)

    The Haramaya Law Review seeks to publish original articles on any topic relevant to the Ethiopian legal community, including analysis of domestic or international laws and cases, the African Union and other ... Peer Review Process. After our Editorial Board decides to provisionally accept an article, we usually send it back ...

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

    Institute of Scientific and Technical Information of China (English)

    王娟

    2011-01-01

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

  14. Hardship in Bulgarian Law

    Directory of Open Access Journals (Sweden)

    Silviya TSONEVA

    2011-03-01

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

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

    Science.gov (United States)

    Barroco, L E

    1994-01-01

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

  16. 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.

  17. 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.

  18. 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.

  19. 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…

  20. Around the circular law

    CERN Document Server

    Bordenave, Charles

    2011-01-01

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

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

    Science.gov (United States)

    Reichman, Jerome H

    2009-01-01

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

  2. The Historiography of Islamic Law: The Case of Tārīkh al-Tashrī‘ Literature

    Directory of Open Access Journals (Sweden)

    Arif Maftuhin

    2016-12-01

    Full Text Available Tārīkh al-Tashrī‘ (the history of sharia affairs is a relatively new genre of Islamic historiography and very popular among students of Islamic Law. Despite its popularity, academics of Islamic historiography seem not interested in studying it. There is hardly any academic paper seriously studied the literature. This paper is a first effort to explore the Tārīkhu’t-tashrī‘ literature through a historiographical analysis. As an initial exploration, it argues that Tārīkh al-Tashrī‘ is the latest development of Islamic historiography, developed in the 19th century, but it is a genre of the old Islamic historiography with some new elements. The new elements are influenced by both modern Western historiography and the need to re-open the supposedly closed gate of ijtihād. The paper studied books of Tārīkh al-Tashrī‘ available during the research between 2013-2015. [Tārīkh al-Tashrī‘ adalah genre yang relatif ‘baru’ dalam matarantai perkembangan historiografi Islam­. Literatur ini sangat popular dan menjadi mata kuliah wajib di fakultas-fakultas Syariah di Indonesia maupun Timur Tengah. Hanya saja, meskipun ia sangat populer sebagai mata pelajaran, Tārīkh al-Tashrī‘ belum banyak menarik minat para peneliti historiografi. Makalah in berusaha mengeksplorasi literatur Tārīkh al-Tashrī‘ dengan pendekatan historiografi. Makalah ini berpendapat bahwa Tārīkh al-Tashrī‘, meski terlihat ‘modern’ dari segi kelahirannya, tidak banyak berbeda dengan literatur historiografi klasik. Perbedaan terjadi karena adanya pengaruh historiografi Barat dalam model penulisannya dan karena kebutuhan untuk membuka kembali pintu ijtihad yang tertutup. Kajian dilakukan terhadap kitab-kitab Tārīkh al-Tashrī‘ yang dapat ditemukan selama riset antara 2013-2015 

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

    Science.gov (United States)

    REICHMAN, JEROME H.

    2009-01-01

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

  4. 187 | Page THE RULE OF LAW IN GOVERNANCE IN NIGERIA ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Furthermore, the rule of law connotes equality of all citizens before the law. This means ... E. Malemi, Administrative Law, Cases and Materials, Grace Publishers Inc., Lagos, 2004, p. 47. 7. ..... Director of SSS (1999) 11 NWLR (Pt. 625), p. 129;.

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

    Institute of Scientific and Technical Information of China (English)

    罗苟新

    2012-01-01

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

  6. Morality, care, and international law

    Directory of Open Access Journals (Sweden)

    Virginia Held

    2011-09-01

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

  7. National Courts and EU Law

    DEFF Research Database (Denmark)

    approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...... rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  8. Fractal probability laws.

    Science.gov (United States)

    Eliazar, Iddo; Klafter, Joseph

    2008-06-01

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

  9. 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...... of Morals, of the obligation of citizens of a state to subject themselves unconditionally to the sovereign in power, must be seen in connection with his earlier moral writings in order to maintain a proper Kantian conception of the relation between legality and morality. To this end, Kant's use....... 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....

  10. Disseminated tuberculosis and tuberculous meningitis in Australian-born children; case reports and review of current epidemiology and management.

    Science.gov (United States)

    Smith, Benjamin B; Hazelton, Briony J; Heywood, Anita E; Snelling, Thomas L; Peacock, Kenneth M; Macartney, Kristine K

    2013-03-01

    We present two cases of tuberculous meningitis in Australian-born children. We review the current literature surrounding management of paediatric tuberculosis and disseminated disease, emphasising the importance of prompt diagnosis and intervention. We discuss the epidemiology of tuberculosis in the Australian paediatric population and highlight the sentinel role of childhood infection in public health surveillance.

  11. 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....

  12. [A systematic review of decided litigated cases on adverse drug events in Japan: classification of decided cases appearing in law reports].

    Science.gov (United States)

    Eguchi, Rika; Kato, Masahisa; Kaneko, Erina; Kusaba, Kenji; Yoshikawa, Manabu; Yamano, Toru; Seo, Takashi; Hagihara, Akihito

    2015-01-01

    Much of the damage to health caused by drugs could be prevented by appropriate care. A well-defined duty of care and further information are required for healthcare professionals. Although there are many litigation cases to use as references, neither the extent of the duty of care nor the obligation to explain medication according to the type of drug prescribed has yet been fully established. Thus, we systematically collected decided cases of adverse drug events, and assessed the degree of the duties of care and information. Specifically, we collected decided cases in which physicians, dentists, pharmacists, nurses, or hospitals had been sued. Data were derived from Bessatsu Jurist Iryo-kago Hanrei Hyakusen, Hanrei Jihou, and Hanrei Times from 1989 to November 2013, and information on precedents in the records of the Supreme Court of Japan from 2001 to November 2013. We analyzed the cases, and assessed the following according to the type of drug: (1) standards and explanations when dealing with drugs that were critical issues in litigation, and (2) the degree of the physician's or pharmacist's duties of care and information. In total, 126 cases were collected. The number of drug categories classified was 27, and 9 were considered of practical importance. After this systematic review, we found a trend in the degree of the required level of care and information on several drugs. With respect to duties of care and information, the gap between the required level and actual practice suggests that healthcare professionals must improve their care and explanations.

  13. Flapping current sheet motions in magnetotail excited by non-adiabatic ions: case study

    Science.gov (United States)

    Wei, X., Jr.

    2015-12-01

    The current sheet is a crucial region of the magnetotail, where energy reserve and release take place. The origin of the up-down motions of the current sheet, referred to as flapping motions, is among the most fundamental issues of magnetotail dynamics. Observational evidences suggest that the flapping motion is a kind of internal excited kink-like waves, but its particular propagating features such as the low phase speeds and the propagating direction from the tail center toward flanks do not match any local generation mechanisms previously established so far. Here we report observations of the current sheet flapping motions induced by non-adiabatic ions in the magnetic field configurations with a finite guiding component, whose population present periodic hemispherical asymmetries. Three type of current sheet flapping event in this paper will be discussed. This current sheet flapping phenomenon implies that the excitation mechanism of the current sheet flapping motions is a self-circulation process between the non-adiabatic ion population and the current sheet equilibrium itself.

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

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

  16. High Temperature, Through the Case Eddy Current Sensor for Blade Vibration Measurements Project

    Data.gov (United States)

    National Aeronautics and Space Administration — Preliminary results have shown that low temperature eddy current sensors can provide excellent resolution for blade tip timing, and have the ability to see ?through...

  17. Thirty years of chronic current account deficit 1972-2001:The case of Pakistan

    Institute of Scientific and Technical Information of China (English)

    Saqib Gulzar; HUI Xiao-feng

    2006-01-01

    Pakistan has been suffering from a chronic deficit in the current account for many decades. Current account deficit strengthens the foreign currency against the home currency which makes imports of good and services more expensive as compared to exports and causes devaluation of home currency. The main objective of this paper is to find out how the current account deficit is influenced by different economic factors. Our regression model' s estimated results indicate that the percentage change in the volume of imports, foreign direct investments and total consumption are positively correlated and, on the other hand, exports, workers remittance,growth in agriculture and manufacturing are negatively correlated with the current account balance of Pakistan during the observed period 1972-2001.

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

    Institute of Scientific and Technical Information of China (English)

    王宝生

    2012-01-01

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

  19. A status analysis of current digital marketing: a case study of Kauneusstudio FAB

    OpenAIRE

    Tran, Trong

    2015-01-01

    The subject of this thesis is a small company's current digital marketing status. This study was con-ducted in order for the owners of the beauty and hair salon Kauneusstudio FAB to improve their understanding of their customers’ behavior online and the significance of each digital channel they are using in the present marketing strategy. The goal of this study is to provide information for the company to recognize the strengths and the development points of the current digital marketing stra...

  20. Progress Toward HIV Eradication: Case Reports, Current Efforts, and the Challenges Associated with Cure.

    Science.gov (United States)

    Martin, Alyssa R; Siliciano, Robert F

    2016-01-01

    An estimated 35 million people worldwide are infected with HIV, yet a widely applicable cure strategy remains elusive. Recent case reports have suggested that curing HIV infection is possible, renewing excitement about research efforts. We describe those cases and discuss their relevance to the global HIV epidemic. We also review ongoing cure strategies that are transitioning from the lab to the clinic, and the assays and clinical assessments that can be used to evaluate cure interventions.

  1. The long-term effect of current and new interventions on the new case detection of leprosy: a modeling study.

    Directory of Open Access Journals (Sweden)

    Egil A J Fischer

    2011-09-01

    Full Text Available BACKGROUND: Although the number of newly detected leprosy cases has decreased globally, a quarter of a million new cases are detected annually and eradication remains far away. Current options for leprosy prevention are contact tracing and BCG vaccination of infants. Future options may include chemoprophylaxis and early diagnosis of subclinical infections. This study compared the predicted trends in leprosy case detection of future intervention strategies. METHODS: Seven leprosy intervention scenarios were investigated with a microsimulation model (SIMCOLEP to predict future leprosy trends. The baseline scenario consisted of passive case detection, multidrug therapy, contact tracing, and BCG vaccination of infants. The other six scenarios were modifications of the baseline, as follows: no contact tracing; with chemoprophylaxis; with early diagnosis of subclinical infections; replacement of the BCG vaccine with a new tuberculosis vaccine ineffective against Mycobacterium leprae ("no BCG"; no BCG with chemoprophylaxis; and no BCG with early diagnosis. FINDINGS: Without contact tracing, the model predicted an initial drop in the new case detection rate due to a delay in detecting clinical cases among contacts. Eventually, this scenario would lead to new case detection rates higher than the baseline program. Both chemoprophylaxis and early diagnosis would prevent new cases due to a reduction of the infectious period of subclinical cases by detection and cure of these cases. Also, replacing BCG would increase the new case detection rate of leprosy, but this effect could be offset with either chemoprophylaxis or early diagnosis. CONCLUSIONS: This study showed that the leprosy incidence would be reduced substantially by good BCG vaccine coverage and the combined strategies of contact tracing, early diagnosis, and treatment of infection and/or chemoprophylaxis among household contacts. To effectively interrupt the transmission of M. leprae, it is

  2. 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.

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

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

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

  4. A Dutch perspective: the limits of lawful euthanasia.

    Science.gov (United States)

    de Vries, Ubaldus

    2004-01-01

    Dutch author Ubaldus de Vries reviews the current state of the euthanasia law in the Netherlands. The legislation, enacted in 2001, creates a medical exception that allows for euthanasia in cases where patients experience "hopeless and unbearable suffering." A brief history of the Dutch approach to euthanasia is set forth, case law is reviewed, and the unique role of the doctor is examined in seeking to understand the extent of one's right to euthanasia in the Netherlands. Because the courts must determine what constitutes "hopeless and unbearable suffering," Professor de Vries analyzes the judicial interpretation of "suffering" and concludes that judicial interpretation has reached its limits, and thus by implication, the limits of lawful euthanasia have been reached.

  5. Single-Case Experimental Design: Current Standards and Applications in Occupational Therapy.

    Science.gov (United States)

    Lane, Justin D; Ledford, Jennifer R; Gast, David L

    Occupational therapy is a field with a long-standing history of recommending and implementing interventions designed to improve the quality of life of clients with disabilities. Often, the interventions are individualized to meet the needs of this diverse group of clients in dynamic settings. Identifying effective and efficient interventions for such a diverse group of clients and settings requires a flexible research approach. Single-case experimental designs (SCEDs) allow practitioners and researchers to answer experimental questions within the context of rigorous research designs. The purpose of this article is to highlight the similarities between the mission of occupational therapy and SCEDs. Recommendations for designing single-case studies with the framework provided by the Single-Case Reporting Guideline in Behavioral Interventions are provided. In addition, common problems and proposed solutions, along with implications for practitioners and researchers, are provided. Copyright © 2017 by the American Occupational Therapy Association, Inc.

  6. 20 CFR 655.435 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

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

  7. Does China Need an Animal Protection Law?

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    On September 18,a number of Chinese law experts announced that they had drafted an animal protection act. China currently lacks a comprehensive basic law on animal protection. The underdeveloped legal system is thus unable to put all animals under effective protection. Thus,scholars suggested drafting China’s first law on the protection of

  8. Assessment of BSBA Students' Conversancy in Current Business Issues: A Case Study

    Science.gov (United States)

    Hogan, Eileen A.; Maskulka, Therese A.; Kaminski, Kathleen A.

    2014-01-01

    In 2008, the faculty of the College of Business at Kutztown University developed a set of five learning goals for its BSBA program. In fall, 2011, the college's Assurance of Learning Committee began to pursue the assessment of the last of these goals: "BSBA graduates will be conversant in current business issues, including ethics, social…

  9. Understandings of Current Environmental Issues: Turkish Case Study in Six Teacher Education Colleges

    Science.gov (United States)

    Cakir, Mustafa; Irez, Serhat; Dogan, Ozgur Kivilcan

    2010-01-01

    The purpose of this study is to profile future science teachers' understandings of current environmental issues in the context of an education reform in Turkey. Knowledge base and understandings of elementary and secondary prospective science teachers about biodiversity, carbon cycle, global warming and ozone layer depletion were targeted in the…

  10. The Inequities of the Current Campus-Based Allocation Formula: The Case of California.

    Science.gov (United States)

    Woo, Jennie Hay

    1991-01-01

    Textual analysis and statistical data are presented to support the contention that the current formula for providing federal financial aid to campuses serving low-income students (which is based on 1985 distribution patterns) penalizes states such as California which face demographic trends involving greatly increased numbers of needy students.…

  11. Single-Case Experimental Designs: A Systematic Review of Published Research and Current Standards

    Science.gov (United States)

    Smith, Justin D.

    2012-01-01

    This article systematically reviews the research design and methodological characteristics of single-case experimental design (SCED) research published in peer-reviewed journals between 2000 and 2010. SCEDs provide researchers with a flexible and viable alternative to group designs with large sample sizes. However, methodological challenges have…

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

    Science.gov (United States)

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

    2012-11-01

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

  13. Law and public health at CDC.

    Science.gov (United States)

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

    2006-12-22

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

  14. Mandates, needs, equitable resources, and current research in English language teacher education: The case of Turkey

    Directory of Open Access Journals (Sweden)

    Saban Cepik

    2014-02-01

    Full Text Available Improving the quality of English language teacher education (ELTE programs has become a major point of consideration; however, such programmatic evaluations are markedly rare. This study utilizes both numeric and interpretive qualitative data in a blended research design. The study addresses, vis-à-vis current research in related fields: What is the current situation of the Turkish ELTE programs in terms of curriculum strength and faculty resources? How do the program directors and teacher candidates envision the situation of their programs in terms of curriculum strength and faculty resources? Data included 45 ELTE curricula, interviews with 24 program directors and pre-service teachers, documents, and test scores. Findings revealed several significant associations between school type (public/private and rank (low/high and the number of faculty with expertise in critical areas in the field. Qualitative critical evaluations suggest both perceptual matches and mismatches between program directors and teacher candidates regarding programmatic strengths and weaknesses.

  15. Acute cervicofacial necrotizing fasciitis: three clinical cases and a review of the current literature.

    Science.gov (United States)

    Bilodeau, Elizabeth; Parashar, Vijay P; Yeung, Allison; Potluri, Anitha

    2012-01-01

    Cervicofacial necrotizing fasciitis (NF) is a rare condition that can quickly become life-threatening if appropriate treatment is delayed. This condition is observed as a rapidly progressive infection that causes extensive necrosis of the superficial fascia. This report presents a case of cervicofacial NF with microbiological isolation of methicillin-resistant Staphylococcus aureus in a patient with a history of uncontrolled diabetes mellitus following a minor scalp trauma. The article also presents two cases of NF secondary to odontogenic infection. The radiographic finding of the presence of gas locules in the facial planes on the CT scan helped to confirm the diagnosis. Patients were treated with broad-spectrum antibiotic therapy, extensive surgical drainage, debridement, and supportive care. Awareness in the dental community of the signs of NF will facilitate optimal patient management.

  16. HV substation earth grid commissioning using current injection test (CIT method: Worst case scenario determination

    Directory of Open Access Journals (Sweden)

    M. Nassereddine, J. Rizk, M. Nagrial, A. Hellany

    2015-01-01

    Full Text Available The existing of the High Voltage (HV infrastructure creates a unique set of safety circumstances. The earthing system is one of the main elements to mitigate any unsafe conditions. Commissioning the earth grid certifies that the implemented system fulfills to the pertinent necessities. This paper endeavors to present vital information on how to perform the earth grid commissioning of an HV infrastructure. This paper will minutiae the minimum needs to guarantee the test will symbolize the actual fault case that the design was based on. A flow chart diagram is established and presented in this paper, which allows the determination of the most suitable injection route. The results of the case study are discussed, and the results are shown in this paper.

  17. Autopsy report for a caffeine intoxication case and review of the current literature

    OpenAIRE

    Yamamoto, Takuma; Yoshizawa, Katsuhiko; Kubo, Shin-ichi; EMOTO, Yuko; Hara, Kenji; Waters, Brian; Umehara, Takahiro; Murase, Takehiko; Ikematsu, Kazuya

    2014-01-01

    Caffeine (1,3,7-trimethylxanthine) is a popular mild central nervous system stimulant found in the leaves, seeds and fruits of various plants and in foodstuffs such as coffee, tea, and chocolate, among others. Caffeine is widely used and is not associated with severe side effects when consumed at relatively low doses. Although rarely observed, overdoses can occur. However, only a few fatal caffeine intoxication cases have been reported in the literature. Herein, we report the pathological exa...

  18. Chyle leak following right axillary lymph node dissection: A case report and review of current literature

    Directory of Open Access Journals (Sweden)

    J.D. Daggett

    2016-01-01

    Full Text Available This report discusses the case of a chyle leak following a right axillary lymph node dissection for breast cancer. This presented as a sudden change in drainage character from a right axillary surgical drain from serous to milky white shortly after restarting a diet. The diagnosis of chyle leak was confirmed by laboratory testing of the fluid and managed with closed suction drainage. Chyle leak is a rare, but increasingly recognized complication following axillary clearance for breast cancer and melanoma.

  19. The case for a directional dark matter detector and the status of current experimental efforts

    CERN Document Server

    Ahlen, S; Battat, J B R; Billard, J; Bozorgnia, N; Burgos, S; Caldwell, T; Carmona, J M; Cebrián, S; Colas, P; Dafni, T; Daw, E; Dujmic, D; Dushkin, A; Fedus, W; Ferrer, E; Finkbeiner, D; Fisher, P H; Forbes, J; Fusayasu, T; Galan, J; Gamble, T; Ghag, C; Giomataris, Yu; Gold, M; Gomez, H; Gómez, M E; Gondolo, P; Green, A; Grignon, C; Guillaudin, O; Hagemann, C; Hattori, K; Henderson, S; Higashi, N; Ida, C; Iguaz, F J; Inglis, A; Irastorza, I G; Iwaki, S; Kaboth, A; Kabuki, S; Kadyk, J; Kallivayalil, N; Kubo, H; Kurosawa, S; Kudryavtsev, V A; Lamy, T; Lanza, R; Lawson, T B; Lee, A; Lee, E R; Lin, T; Loomba, D; López, J; Luzón, G; Manobu, T; Martoff, J; Mayet, F; McCluskey, B; Miller, E; Miuchi, K; Monroe, J; Morgan, B; Muna, D; Murphy, A St J; Naka, T; Nakamura, K; Nakamura, M; Nakano, T; Nicklin, G G; Nishimura, H; Niwa, K; Paling, S M; Parker, J; Petkov, A; Pipe, M; Pushkin, K; Robinson, M; Rodríguez, A; Rodríguez-Quintero, J; Sahin, T; Sanderson, R; Sanghi, N; Santos, D; Sato, O; Sawano, T; Sciolla, G; Sekiya, H; Slatyer, T R; Snowden-Ifft, D P; Spooner, N J C; Sugiyama, A; Takada, A; Takahashi, M; Takeda, A; Tanimori, T; Taniue, K; Tomas, A; Tomita, H; Tsuchiya, K; Turk, J; Tziaferi, E; Ueno, K; Vahsen, S; Vanderspek, R; Vergados, J; Villar, J A; Wellenstein, H; Wolfe, I; Yamamoto, R K; Yegoryan, H

    2010-01-01

    We present the case for a dark matter detector with directional sensitivity. This document was developed at the 2009 CYGNUS workshop on directional dark matter detection, and contains contributions from theorists and experimental groups in the field. We describe the need for a dark matter detector with directional sensitivity; each directional dark matter experiment presents their project's status; and we close with a feasibility study for scaling up to a one ton directional detector, which would cost around $150M.

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

    Science.gov (United States)

    Reder, Margo E. K.

    2009-01-01

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

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

    Science.gov (United States)

    Reder, Margo E. K.

    2009-01-01

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

  2. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

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

  3. Researches on evaluation of smooth entrance in cutting using electrical current. A case study

    Directory of Open Access Journals (Sweden)

    Diţu Valentin

    2017-01-01

    Full Text Available At metal drilling, at the beginning of the process, the cutting tool in the chisel edge zone, frictions and plastically deforms the material, and then enters in cutting. If the drill is entered smoothly in cutting with a special device, its life is increased. The paper presents how the electrical current at cutting is used for the evaluation of smooth entrance in cutting in comparison with classical cutting. These are demonstrated for 41MoC11 steel drilled with a set of 30 tools having 8 mm diameter.

  4. Researches on evaluation of smooth entrance in cutting using electrical current. A case study

    OpenAIRE

    Diţu Valentin; Oancea Gheorghe; Daicu Raluca

    2017-01-01

    At metal drilling, at the beginning of the process, the cutting tool in the chisel edge zone, frictions and plastically deforms the material, and then enters in cutting. If the drill is entered smoothly in cutting with a special device, its life is increased. The paper presents how the electrical current at cutting is used for the evaluation of smooth entrance in cutting in comparison with classical cutting. These are demonstrated for 41MoC11 steel drilled with a set of 30 tools having 8 mm d...

  5. Necrotizing Fasciitis of the lower extremity: a case report and current concept of diagnosis and management

    Directory of Open Access Journals (Sweden)

    Malik SA

    2009-06-01

    Full Text Available Abstract Necrotizing fasciitis is a severe soft tissue infection characterized by rapidly progressing necrosis, involving subcutaneous tissues. This rare condition carries high mortality rate and require prompt diagnosis and urgent treatment with radical debridement and antibiotics. We describe a case of 21-year old man who presented with the history of trivial injury to the knee. Initially he was admitted and treated for septic arthritis but later was diagnosed as necrotizing fasciitis which was successfully treated with no ill effects what so ever from this devastating condition. This rare condition has been reported in literature but still early diagnosis, which is a key for successful treatment, remains a challenge.

  6. Necrotizing fasciitis of the lower extremity: a case report and current concept of diagnosis and management.

    LENUS (Irish Health Repository)

    Naqvi, G A

    2012-02-01

    Necrotizing fasciitis is a severe soft tissue infection characterized by rapidly progressing necrosis, involving subcutaneous tissues. This rare condition carries high mortality rate and require prompt diagnosis and urgent treatment with radical debridement and antibiotics. We describe a case of 21-year old man who presented with the history of trivial injury to the knee. Initially he was admitted and treated for septic arthritis but later was diagnosed as necrotizing fasciitis which was successfully treated with no ill effects what so ever from this devastating condition. This rare condition has been reported in literature but still early diagnosis, which is a key for successful treatment, remains a challenge.

  7. A rare clinical case of an unfortunately current pathology - foreign bodies.

    Science.gov (United States)

    Narang, Sunny; Maini, Baljeet; Gupta, Vipul; Gupta, Gaurav; Singal, Rikki; Gupta, Samita

    2012-09-01

    Medication errors can cause various complications and some of these are fatal also. A very unusual complication, an esophageal foreign body, is described herein. It was a single tablet with intact wrapper, cut out from a blister pack which was unknowingly ingested by a child in toto. She was not instructed properly regarding administration of the drug. The peculiarity of this case concerns the type, location of the foreign body and need of clear instructions to be given to the patient for taking a medication.

  8. The Bulgarian Odonata database – current status, organisation and a case study new entries

    Directory of Open Access Journals (Sweden)

    Yordan Kutsarov

    2012-09-01

    Full Text Available Bulgarian Odonata database is analysed for the period of the last 10 years. All new entries are summarised in individual species graphs representing the trends in data compilations. Special attention is paid on the role of communities in this process with a single study case which is evident of how a small contribution could elucidate important new information on some underexplored areas. It is concluded that for the past 10 years mountain areas and large Bulgarian rivers have been understudied. These should be the priority target areas in the investigations undertaken in near future.

  9. LOGARITHMIC LAW FOR DYNAMICAL SYSTEMS FROM QUARKS TO GALAXIES

    Directory of Open Access Journals (Sweden)

    Trunev A. P.

    2016-06-01

    Full Text Available The article discusses various examples of dynamical systems in which the motion is determined by the logarithmic law - quark systems, hydrodynamic systems, galaxies. Set the general nature of angular motion on a hypersphere in a space of arbitrary dimension and radial movement 6D in the metric of a logarithmic potential. We investigate the 6D metric describing the case of motion with two centers of symmetry. It is shown that in such a metric exists a class of exact solutions, logarithmically dependent on the gravity center coordinates. It was established that in spiral galaxies the orbital motion is due to the logarithmic potential, which is the exact solution of the field equations of Einstein's theory of gravity. The most well-known and widespread in nature case is turbulent flow over a smooth or rough surface, in which the mean velocity depends logarithmically on the distance from the wall. We derivate the logarithmic velocity profile in turbulent flow from the NavierStokes equations. An analogy of the logarithmic velocity profile and the logarithmic law in the case of erosion of materials under impacts been proposed. In electrodynamics, Ampere's law, which describes the interaction of current-carrying conductors, is a consequence of the logarithmic dependence of the vector potential of the distance from the conductor axis. There is, however, an alternative derivation of Ampere law of the Riemann hypothesis about the currents due to the motion of charges

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

    DEFF Research Database (Denmark)

    Gøtze, Michael; Olsen, Henrik Palmer

    2011-01-01

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

  11. Critical evaluation of current developmental toxicity testing strategies: a case of babies and their bathwater.

    Science.gov (United States)

    Carney, Edward W; Ellis, Amy L; Tyl, Rochelle W; Foster, Paul M D; Scialli, Anthony R; Thompson, Kary; Kim, James

    2011-10-01

    This review is the second in a series of four papers emanating from a workshop entitled "Developmental Toxicology-New Directions," which was sponsored by the ILSI Health and Environmental Sciences Institute's (HESI) Developmental and Reproductive Toxicology Technical Committee. The present review analyzes the strengths and weaknesses of current developmental safety testing approaches in an effort to identify those strengths that should be retained in the future versus the weaknesses that should be eliminated. Workshop participants considered the following to be key strengths of current testing approaches: the integrated biology of pregnant animal models including pharmacokinetic and pharmacodynamic processes, the ability to detect low incidence malformations as well as maternally mediated toxicity, and the long history of use coupled with extensive historical data. A number of weaknesses were related to the resource-intensive nature of developmental toxicity testing (e.g., large number of animals, high costs, low throughput, the inability to keep pace with the demand for more toxicity data). Other weaknesses included the use of very high dose levels that often far exceed human exposure levels, the confounding influence of maternal toxicity, sparse understanding of basic developmental mechanisms and genetics of standard animal models relative to mouse or lower organisms, difficulties interpreting low incidence findings, and issues surrounding the interpretation of minor skeletal variations. An appreciation of these strengths and weaknesses is critical for the design of new approaches to developmental toxicity testing in the 21st century. © 2011 Wiley Periodicals, Inc.

  12. Single-Case Experimental Designs: A Systematic Review of Published Research and Current Standards

    Science.gov (United States)

    Smith, Justin D.

    2013-01-01

    This article systematically reviews the research design and methodological characteristics of single-case experimental design (SCED) research published in peer-reviewed journals between 2000 and 2010. SCEDs provide researchers with a flexible and viable alternative to group designs with large sample sizes. However, methodological challenges have precluded widespread implementation and acceptance of the SCED as a viable complementary methodology to the predominant group design. This article includes a description of the research design, measurement, and analysis domains distinctive to the SCED; a discussion of the results within the framework of contemporary standards and guidelines in the field; and a presentation of updated benchmarks for key characteristics (e.g., baseline sampling, method of analysis), and overall, it provides researchers and reviewers with a resource for conducting and evaluating SCED research. The results of the systematic review of 409 studies suggest that recently published SCED research is largely in accordance with contemporary criteria for experimental quality. Analytic method emerged as an area of discord. Comparison of the findings of this review with historical estimates of the use of statistical analysis indicates an upward trend, but visual analysis remains the most common analytic method and also garners the most support amongst those entities providing SCED standards. Although consensus exists along key dimensions of single-case research design and researchers appear to be practicing within these parameters, there remains a need for further evaluation of assessment and sampling techniques and data analytic methods. PMID:22845874

  13. Acromegaly in a patient with a pulmonary neuroendocrine tumor: case report and review of current literature.

    Science.gov (United States)

    Krug, Sebastian; Boch, Michael; Rexin, Peter; Pfestroff, Andreas; Gress, Thomas; Michl, Patrick; Rinke, Anja

    2016-06-27

    Pulmonary neuroendocrine tumors (NET) form a heterogeneous group of rare diseases. In these tumors, paraneoplastic syndromes have been described to drive the course of the disease, among them acromegaly induced by paraneoplastic secretion of growth hormone-releasing hormone (GHRH). We report the case of a 43 years old patient initially diagnosed with acromegaly accompanied by weight gain and acral enlargement. Subsequently, further diagnostic work-up identified a solitary pulmonary neuroendocrine tumor (NET). Laboratory tests revealed markedly increased growth hormone (GH) and insulin-like growth factor 1 (IGF-1) without GHRH elevation in the absence of pituitary pathologies confirming the paraneoplastic origin of clinical presentation with acromegaly. Curative surgery was performed leading to normalization of the elevated hormone levels and improvement of the clinical symptoms. Immunohistochemically, a typical carcinoid (TC) was seen with low proliferation index and abundant IGF-1 expression. The association of acromegaly and pulmonary NET has only rarely been reported. We present an individual case of paraneoplastic GH- and IGF-1 secretion in a patient with pulmonary NET. Based on their rarity, the knowledge of paraneoplastic syndromes occurring in patients with pulmonary NET such as acromegaly due to paraneoplastic GH- and IGF-1 secretion is mandatory to adequately diagnose and treat these patients.

  14. Waldenström Macroglobulinemia in Hepatitis C: Case Report and Review of the Current Literature

    Directory of Open Access Journals (Sweden)

    Ryan Nipp

    2014-01-01

    Full Text Available Background. Recent literature has associated hepatitis C virus with the development of non-Hodgkin lymphoma. Hepatitis C virus infection appears to promote lymphoproliferation, providing a plausible mechanism for a causative association; however, despite prior reports of patients with comorbid hepatitis C infection and Waldenström macroglobulinemia, the literature is in disagreement regarding whether there exists an association between these two conditions. Case Presentation. This case report describes a 57-year-old African-American male with chronic hepatitis C infection and cryoglobulinemia who presented with several episodes of transient confusion and paralysis and was found to have symptomatic hyperviscosity. The recognition of his condition was facilitated by characteristic findings on ophthalmologic examination. He was subsequently diagnosed with Waldenström macroglobulinemia on bone marrow biopsy. Conclusions. An up to date, comprehensive review of the literature suggests an association between hepatitis C and Waldenström macroglobulinemia. Data on optimal treatment of patients with comorbid hepatitis C infection and Waldenström macroglobulinemia is limited. We have provided a comprehensive review of previously explored treatment options to guide management of other similar patients. Our patient has since been treated with repeated plasmapheresis with a plan to pursue antiviral therapy.

  15. Analysis on Current Laws and Regulations of Medical Device Clinical Trial in China%对我国现阶段医疗器械临床试验法规热点的解读

    Institute of Scientific and Technical Information of China (English)

    王悦; 李天萍; 梁宁霞

    2014-01-01

    A series of laws and regulations are the essential legal requirement in the field of clinical trial of medical device currently in China, especial y the Provision for Clinical Trial of Medical Device. On the basis of current situation of medical device clinical trial, systemic analysis on the hot spot topics in the regulations was conducted to explore the way of improving the control system of clinical trial of medical device in China, which wil provide the reference for medical device industry and the investigators of the clinical trial of medical device.%《医疗器械临床试验规定》等一系列法规是目前我国进行医疗器械临床试验的主要法律依据。该文基于我国医疗器械临床研究的现状,对这些法规中若干热点问题加以解读和剖析,旨在探索完善我国医疗器械临床试验监管体系的途径,为医疗器械业内人士及医疗器械临床试验的研究者和管理者提供参考。

  16. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    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 crimi...... 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...

  17. Stuttering in Lima, Peru: a qualitative case study of current concepts, theories, and treatment facilities.

    Science.gov (United States)

    Gorin, L C

    1980-07-01

    The purpose of this study was to investigate within an ethnographic framework, certain cultural variables which may be factors in the etiology and presentation of stuttering as well as in the care provided for those who stutter. An assessment was made of the cultural influences upon the following variables of the transcultural investigation of stuttering: 1) epidemiological characteristics of stuttering; 2) attitudes of the stutterer and the stutterer's family, friends, therapists towards the defect; 3) cultural expectations which may be part of the etiology/perpetuation of the problem of stuttering, including an examination of these cultural expectations within the context of the stutterer's past and present home, work, and recreational lifestyles: 4) current theories and therapies.

  18. Maintaining turbidity and current flow in laboratory aquarium studies, a case study using Sabellaria spinulosa

    DEFF Research Database (Denmark)

    Davies, Andrew J.; S. Last, Kim; Attard, Karl

    2009-01-01

    Many aquatic organisms rely on the suspension of particulate matter for food or for building materials, yet these conditions are difficult to replicate in laboratory mesocosms. Consequently, husbandry and experimental conditions may often be sub-optimal. The Vortex Resuspension Tank (Vo......RT) is a simple and reliable system for the resuspension of food or sediments using an enclosed airlift. The particle rain from the lift is mixed in the tank by two water inputs that provide directional current flow across the study organism(s). The vortex mixing creates a turbulent lateral water flow that allows...... whereas under intermediate and high sediment rates there was consistent cumulative growth throughout a 15 d experiment. This highlights the importance of suspended sediment for S. spinulosa and also the suitability of the VoRT system for maintaining organisms with suspended matter requirements....

  19. Hypertrophic pachymeningitis: Current criteria for diagnosis and differentiation (Clinical case and review of literature

    Directory of Open Access Journals (Sweden)

    E. G. Mendelevich

    2015-01-01

    Full Text Available The paper describes a 44-year-old male patient with an about 6-year history of hypertrophic pachymeningitis. The major clinical symptoms were characterized by headache, exophthalmos, and blindness in one eye. The data for differential diagnosis of the disease are given. The current literature on the clinical manifestations of hypertrophic pachymeningitis, its differential diagnosis, and the results of magnetic resonance imaging (MRI is reviewed. Diagnostic difficulties at the stage of a clinical observation are due to the nonspecificity of neurological manifestations and the need for a comprehensive examination to detect a somatic disease. MRI can diagnose the disease-specific phenomenon of damage to the meninges, which calls for further careful differentiation. Clinicians must be familiar with alternative differential diagnosis, as a rapid specific therapeutic approach will help avoid long-term or irreversible neurological complications.

  20. Cathodal Transcranial Direct Current Stimulation Improves Focal Hand Dystonia in Musicians: A Two-Case Study

    Directory of Open Access Journals (Sweden)

    Sara Marceglia

    2017-09-01

    Full Text Available Focal hand dystonia (FHD in musicians is a movement disorder causing abnormal movements and irregularities in playing. Since weak electrical currents applied to the brain induce persistent excitability changes in humans, cathodal tDCS was proposed as a possible non-invasive approach for modulating cortical excitability in patients with FHD. However, the optimal targets and modalities have still to be determined. In this pilot study, we delivered cathodal (2 mA, anodal (2 mA and sham tDCS over the motor areas bilaterally for 20 min daily for five consecutive days in two musicians with FHD. After cathodal tDCS, both patients reported a sensation of general wellness and improved symptoms of FHD. In conclusion, our pilot results suggest that cathodal tDCS delivered bilaterally over motor-premotor (M-PM cortex for 5 consecutive days may be effective in improving symptoms in FHD.