The United States Copyright Law: A Guide for Music Educators

Science.gov (United States)

Music Educators Journal, 1978

1978-01-01

On October 19, 1976, President Ford signed the nation's first comprehensive revision of our copyright law since 1909. It became fully effective on January 1, 1978 and it is a law that will need to be understood by music educators both to improve their teaching and to protect themselves and their schools from incurring liability or being sued. This…

Copyright Law in Australia--Fair Dealing for Research or Study Purposes.

Science.gov (United States)

Khan, Anwar (Andy); Hancock, Philip

2001-01-01

Explores several issues involving provisions of the Australian copyright law that allow for "fair dealing for the purpose of research and study" in the use of copyrighted materials. Discusses liability of libraries for improper oversight of illegal photocopying of books and other copyrighted materials. Reviews recent efforts to improve…

The Legal Nature of Video Games – Adapting Copyright Law to Multimedia

Directory of Open Access Journals (Sweden)

Julian Simon Stein

2015-06-01

Full Text Available In Copyright Law, video games are still a contentious matter. The multimedia nature of games brings up the question on how to define their legal nature. While there are several original underlying works in video games such as computer programs, artistic works, musical works, dramatic works etc., video games enjoy protection as films or audiovisual works respectively in many jurisdictions, making video games an arrangement of a multiplicity of works. However, some have argued to define video games as a single 'multimedia work' rather than a product of many works of copyright.This article analyses the different types of original and derivative works contained in video games before evaluating the necessity and feasibility of a multimedia category of work, arguing in favour of the current system.

Copyright or Contract?

Science.gov (United States)

Okerson, Ann

1997-01-01

Most authors and publishers of electronic information believe that current copyright law does not address technical capabilities or reader uses and have turned to contracts or licenses to define the rights of owners and users. Discusses copyrights, fair use, and licenses and highlights licensing's unresolved issues: use and users; archiving;…

A century of Dutch copyright law: auteurswet 1912-2012

NARCIS (Netherlands)

Hugenholtz, B.; Quaedvlieg, A.; Visser, D.

2012-01-01

On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its enactment the Dutch law is one of the world's oldest 'living' acts of the author's rights tradition. While the Act has seen many small and large amendments since its adoption in 1912, it has never been

Networks of power in digital copyright law and policy political salience, expertise and the legislative process

CERN Document Server

Farrand, Benjamin

2014-01-01

In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and c...

Cost recovery in geographic information systems and conflicts with copyright law

Science.gov (United States)

Roberts, Jon L.

1993-10-01

The ability to recover cost by the sale of geographic information is dependent upon the ownership of the copyright in and to that information. The ownership of the copyright turns upon whether one entity is an employee of the other or whether the copyrightable work falls within certain statutorily defined categories in the copyright law. Absent the specific requirements being fulfilled the ownership of the data may not be exactly as the parties expect.

Copyright law and academic radiology: rights of authors and copyright owners and reproduction of information.

Science.gov (United States)

Stern, E J; Westenberg, L

1995-05-01

Desktop computer hardware and software provide many new and accessible avenues for increased academic productivity, but some activities may have legal implications. The advent of technologies such as scanners, the ever-increasing number of electronic bulletin boards, and the development of the "information superhighway" affect the concept of copyright and require authors and publishers to reconsider their legal rights and obligations when they create or publish new works or modify existing ones. For example, with desktop scanners, almost any image, published or otherwise, can be copied, enhanced, and manipulated. Moreover, many radiologists have access to copyrighted digital radiologic teaching file images, such as those from the University of Iowa or the University of Washington, which are available (and "downloadable") on the Internet. Because "downloading" (or "uploading") a document or image is essentially making a copy of that document or image, copyright laws and the rights that they afford authors are involved.

Flexible copyright: the law and economics of introducing an open norm in the Netherlands

NARCIS (Netherlands)

van der Noll, R.; van Gompel, S.; Guibault, L.; Weda, J.; Poort, J.; Akker, I.; Breemen, K.

2012-01-01

 This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Such flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not,

Copyright protection

OpenAIRE

Plchotová, Gabriela

2011-01-01

The aim of this thesis is to offer a straightforward manual to anyone who authors their own original work or who utilises the original work of other creators. As such, it is necessary to briefly and clearly explain the historical development and essential terms of authorship as a concept and the origin of the need for copyright protection. Furthermore, this thesis includes chapters on copyright protection development specifically in the Czech Republic and the current definition of related law...

Revealing Originality of Song Works: An Analysis to the Copyright Law

Directory of Open Access Journals (Sweden)

Derezka Gunti Larasati

2014-12-01

Full Text Available The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the characteristics of song as a work is also important. This research is a qualitative research with prescriptive design. The research depicts the use of certain doctrines and/or theories as supplementary provisions to the Copyright Law in defining the originality of songs, which have specific characteristics resulted from their author’s creations and intellectuals.

Teaching via the Internet: A Brief Review of Copyright Law and Legal Issues.

Science.gov (United States)

Lan, Jiang; Dagley, Dave

1999-01-01

Focuses on legal problems related to copyright that might arise from teaching via the Internet. Discusses the basics of copyright law; owner's rights; subject matter of copyright; copyright requirements; infringement action and remedies; the fair-use doctrine; guidelines for classroom copying; two views about controls on the Internet; the White…

Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions. Third Edition

Science.gov (United States)

Crews, Kenneth D.

2012-01-01

Copyright in the world of digital information is changing at a fevered pace, even as educators and librarians digitize, upload, download, draw on databases, and incorporate materials into Web-based instruction. It's essential to stay abreast of the basics of copyright law and fair use. Kenneth D. Crews has completely revised his classic text to…

Copyright Law Basics for the Nursing Professional: Part 2: Protecting Your Work.

Science.gov (United States)

LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T

2016-01-01

This article is a continuation of the discussion of Copyright Law (found in JNPD 31:5) as it applies to nursing professionals. This part focuses on the definition of "work made for hire" and how nursing professional development specialists can both protect and share their own work. Many nurses assume that they own the works they create, but authorship is not necessarily the same as ownership. Misunderstanding copyrights could put one's job and hard work at risk!

Copyright Ownership in a Networked Multimedia Environment

Science.gov (United States)

Williams, Vernon E.

1994-01-01

The explosion of computer communications in the United States has spurred the development of many new technologies. One of these new technologies is Mosaic and the World-Wide Web. Mosaic is a user interface that uses the internet as a backbone for communications. The Mosaic interface enables a user to manipulate text, images and graphics produced by different authors. The flexibility that Mosaic offers raises significant copyright issues. This paper attempts to analyze these issues using current copyright law as a framework. The author then goes on to offer a different analysis that may result from future developments in copyright law.

Screenshots and Copyright

Science.gov (United States)

Nowak, Danuta

2013-01-01

The present article attempts to show how important and easy it is to use authentic material in the classroom. However, the teacher who copies news reports from the Internet may infringe the copyright law. The article offers a comparative analysis of copyright laws in Common Law countries and the EU countries in relation to fair use. The article…

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.

Copyright Law Basics for the Nursing Professional: Part 1: Using the Work of Others.

Science.gov (United States)

LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T

2015-01-01

This article covers the basics of Copyright Law as applicable to the use of protected resources and the sharing of information by nurse professionals. It explores frequently cited justifications for copyright violation, including the doctrine of Fair Use and the Technology and Copyright Harmonization Act. It also discusses why those justifications may or may not apply to the nurse professional who teaches in a clinical setting or at a conference.(See CE Video, Supplemental Digital Content 1, http://links.lww.com/JNPD/A2).

EU copyright protection of works created by artificial intelligence systems

OpenAIRE

Bøhler, Helene Margrethe

2017-01-01

This thesis is concerned with copyright regulation of works created by artificial intelligence systems. The rapid advances in artificial intelligence are calling into question some of the fundamental assumptions upon which intellectual property law rests. Currently, the European framework of copyright law does not take non-human innovation into account. Meanwhile, advances in artificial intelligence are quickly making machine-generation of creative works a reality. Institutions of the Europea...

Breakout Session: International Treaties, Copyright Law, and the Future of the U.S.A. Presented by Kenneth D. Crews, attorney, Gipson Hoffman and Pancione.

Directory of Open Access Journals (Sweden)

Posie Aagaard

2018-02-01

Full Text Available Nearly every nation in the world enacts laws that explicitly govern domestic copyright, dictating rights reserved for authors and specifying other important legal terms. Both geographical borders and the less well-defined borders of the internet affect determinations of copyright. On a global scale, nations enact international copyright treaties to achieve harmonization of certain aspects of copyright law that would otherwise create challenges or conflicts in enforcement of policies between individual nations. However, member nations may need to adjust domestic laws to bring them into alignment with the terms of the international treaties. International law expert Dr. Kenneth Crews discussed the evolution of copyright law and described how precedents set by some nations historically influenced geographic and sociopolitical peers. He also discussed how existing international copyright treaties address issues that continue to reveal weaknesses or compelling needs that cannot easily be served through existing copyright law. Lastly, Dr. Crews provided an update on the landmark 2013 Marrakesh VIP Treaty, which establishes special copyright provisions to accommodate individuals with print disabilities, and reported on his work commissioned by WIPO to study the status of copyright law exceptions in nations around the world.

Freedom as in a Self-Sustainable Community: The Free Software Movement and Its Challenge to Copyright Law

Science.gov (United States)

Chen, Shun-Ling

2006-01-01

Copyright law, together with the market logic it carries, penetrates deeply into our daily life. The copyright regime is so restrictive that it turns a normal learning process into a series of potential copyright violations. The Free Software Movement (FSM) represents a substantial community effort to counter this trend. It seeks to supersede the…

Librarian Copyright Literacy: Self-Reported Copyright Knowledge among Information Professionals in the United States

Science.gov (United States)

Estell, Allison; Saunders, Laura

2016-01-01

Librarians often act as default copyright experts at their institutions and thus must have an awareness of copyright law and practices. Nevertheless, there is little in the scholarly literature about how well informed librarians are about copyright law. Through a national survey of professional librarians, this study illustrates librarians'…

Copyright, Culture, and Community in Virtual Worlds

Directory of Open Access Journals (Sweden)

Dan Burk

2016-11-01

Full Text Available Communities that interact on-line through computer games and other virtual worlds are mediated by the audiovisual content of the game interface. Much of this content is subject to copyright law, which confers on the copyright owner the legal right to prevent certain unauthorized uses of the content. Such exclusive rights impose a limiting factor on the development of communities that are situated around the interface content, as the rights, privileges, and exceptions associated with copyright generally tend to disregard the cultural significance of copyrighted content. This limiting effect of copyright is well illustrated by examination of the copying of content by virtual diaspora communities such as that formed around the game Uru: Ages of Myst; thus, the opportunity for on-line communities to legally access the graphical elements on which those communities are built is fraught with potential legal liability. This presents the reciprocal situation from efforts to protect the cultural properties of indigenous communities as traditional knowledge. Reconsideration of current copyright law would be required in order to accommodate the cohesion of on-line communities and related cultural uses of copyrighted content.

Some Problems Associated With the Application of Copyright Law Within the Music Industry

OpenAIRE

Miroslav Skoro

2009-01-01

This work examines the historical, philosophical and legal particulars relating to copyright law and intellectual property as an intangible work, as well as, the practical application of those rights with emphasis on the particular effects of computerisation and the emergance of the internet on the business results of the music industry. A question is raised as to whether it is businessly ethical for a legal entity to accrue considerable material gain as the result of illegal usage of copywri...

The copyright book a practical guide

CERN Document Server

Strong, William S

2014-01-01

Through five editions since 1981, this book has offered the most comprehensive accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for nonlawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective. New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and HathiTrust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of "orphan works," and the latest developments under the Digital Millennium Copyright Act (...

Book review: ‘Digital Libraries: Reconciling Copyright Law and Cultural Heritage Policy’, Estelle Derclaye (ed.)

NARCIS (Netherlands)

Ringnalda, Allard|info:eu-repo/dai/nl/305951696

2014-01-01

Copyright law and cultural heritage policy are an odd couple. Although they have the same aims – or, more accurately, should have the same aims – they are often in conflict. Cultural heritage policy aims to preserve and make accessible works that are deemed to be part of our shared culture – books,

Knowledgeability of Copyright Law among Librarians and Library Paraprofessionals Employed in Adult Services at a Large Public Library System.

Science.gov (United States)

Lavelle, Bridget M.

Since public libraries contain copyrighted works in the form of print, electronic or audiovisual sources, librarians and library paraprofessionals need to possess sufficient knowledge of United States copyright law to meet the information needs of patrons successfully and legally. A literature review revealed that minimal works address this topic.…

Using a Two-Tier Test to Assess Students' Understanding and Alternative Conceptions of Cyber Copyright Laws

Science.gov (United States)

Chou, Chien; Chan, Pei-Shan; Wu, Huan-Chueh

2007-01-01

The purpose of this study is to explore students' understanding of cyber copyright laws. This study developed a two-tier test with 10 two-level multiple-choice questions. The first tier presented a real-case scenario and asked whether the conduct was acceptable whereas the second-tier provided reasons to justify the conduct. Students in Taiwan…

Off with their heads! Copyright infringement in the Canadian online higher educational environment

Directory of Open Access Journals (Sweden)

Kelly Edmonds

2006-06-01

Full Text Available Issues of copyright infringement are contentious for academia in the online environment. The educational community on campus must carefully consider how digital materials are used, created and disseminated online given that present laws that regulate these actions are not well developed. It can seem like anyone’s guess on how to proceed in order to avoid copyright infringement. This paper offers current descriptions of intellectual property, copyright laws, infringements, and plagiarism in a Canadian context with a view on creating, using and disseminating digital works. The impact of copyright infringement on students and faculty in higher education is explored and some suggestions are made for protective practice.

Lexicography, terminography and copyright | Alberts | Lexikos

African Journals Online (AJOL)

Keywords: author's right (copyright); copyright (author's right); copyright infringement; copyright issue; copyright law; copyrightable product; copyrighted product; database storage system; denominator; economic right; electronic communication network; fair use; infringement; intellectual property; intellectual property right; ...

Copyright Laws and Fair Use in the Digital Era: Implications for Distance-Education Programs in Community Colleges

Science.gov (United States)

Lawhon, Tommie; Ennis-Cole, Demetria; Lawhon, David C.

2006-01-01

Practical information on the necessity for community colleges, instructors, and students to understand and abide by the copyright laws is essential. Whether developing, structuring, maintaining, or presenting courses, or instructing students on the development of their own papers, one must be knowledgeable about plagiarism, the Fair Use Act, and…

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.

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.

Copyright case a victory for science publishing

Science.gov (United States)

Cole, Stephen

An important victory for the financial health and future of scientific journals was won July 23 when Judge Pierre Leval of the Federal District Court in New York handed down his decision on the copyright infringement suit, American Geophysical Union, et al. v. Texaco Inc. Leval ruled that profit-making companies cannot photocopy copyrighted journal articles without permission and without compensating the copyright holder.The class action suit was brought in 1985 by AGU and six other scientific publishers on behalf of 8500 publishers worldwide who make their titles available for legal copying under licenses granted by the Copyright Clearance Center, Inc. This licensing system was designed in cooperation with major corporations to facilitate compliance with the 1976 Copyright Act. Although more than 200 companies now use the center, some corporations, such as Texaco, have not. The suit was initiated to force compliance with copyright law. The current decision is very important because it establishes legal precedents on the “fair use” issue.

The Film Collector, the FBI, and the Copyright Act.

Science.gov (United States)

Nevins, Francis M., Jr.

1977-01-01

Current developments in both the civil and criminal law as they relate to the hobby of film collecting are analyzed. The first-sale doctrine, court cases involving copyrights of films, and the role of the Federal Bureau of Investigation in confiscating films on behalf of the Film Security Office of the Motion Picture Association of America are…

Photocopying and the Law: A Guide for Librarians and Teachers and Other Suppliers and Users of Photocopies of Copyright Work.

Science.gov (United States)

Australian Copyright Council, Sydney.

Some possible uses to which the photocopying of copyright works can be put under the Copyright Act of 1968 are explored. The topics considered are "substantial part," fair dealing in relation to research, private study and published criticisms or reviews, photocopying limitations, illustrations and multiple copies. The law, as…

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

Science.gov (United States)

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

2018-05-01

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

Injunctions against mere conduit of information protected by copyright

DEFF Research Database (Denmark)

Sandfeld Jakobsen, Søren; Petersen, Clement Salung

2011-01-01

This paper includes an in-depth analysis of EU law and Scandinavian law on injunctions against internet access providers (IAPs) performing as mere conduit of information protected by copyright. In recent Scandinavian case law, courts have granted preliminary injunctions which have caused IAPs...... to either shut down specific internet connections allegedly used to infringe copyright or to block access to internet content, which allegedly infringed applicable copyright rules. This paper considers some significant legal challenges, which are emerging in the wake of this case law, and which should...... requires rules, which take into due consideration the special aspects related to enforcement of copyright on the internet through IAPs. Secondly, it is shown that the termination of internet connections and the blocking of access to internet content may not support the public policies behind copyright law...

Copyright for librarians the essential handbook

CERN Document Server

Berkman Center for Internet and Society

2012-01-01

"Copyright for Librarians" (CFL) is an online open curriculum on copyright law that was developed jointly with Harvard’s Berkman Center for Internet and Society. Re-designed as a brand new textbook, "Copyright for Librarians: the essential handbook" can be used as a stand-alone resource or as an adjunct to the online version which contains additional links and references for students who wish to pursue any topic in greater depth. Delve into copyright theory or explore enforcement. With a new index and a handy Glossary, the Handbook is essential reading for librarians who want to hone their skills in 2013, and for anyone learning about or teaching copyright law in the information field.

Managing copyright in higher education a guidebook

CERN Document Server

Ferullo, Donna L

2014-01-01

Written by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.

Introduction, Copyright's Paradox

OpenAIRE

Netanel, Neil

2008-01-01

The United States Supreme Court famously labeled copyright “the engine of free expression” because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today’s greatly expanded copyright law often does the opposite—it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright’s Paradox, Neil Weinstock ...

Search Engine Liability for Copyright Infringement

Science.gov (United States)

Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

77 FR 3506 - Copyright Office Fees

Science.gov (United States)

2012-01-24

... creativity. The copyright law itself is designed to promote and protect authorship and this includes... LIBRARY OF CONGRESS Copyright Office [Docket No. 2012-1] Copyright Office Fees AGENCY: Copyright Office, Library of Congress. ACTION: Notice of Inquiry; Fees. SUMMARY: The U.S. Copyright Office is in...

Copyright protection in music industry

OpenAIRE

Kammermayerová, Tereza

2009-01-01

In this work, the copyright protection in the music industry is discussed. I am focusing in particular on the description of copyright, rights related to copyright, collective management and protection of these rights. In the beginning, I mention the national, international and European sources of copyright and I am explaining the concepts of copyright, copyright work (including musical and processed work of art), and authoring. Furthermore, I explore the copyright law in terms of its origin,...

The Text in the Machine: American Copyright Law and the Many Natures of Software, 1974-1978.

Science.gov (United States)

Díaz, Gerardo Con

This article is a case study in the history of software copyright in the United States from 1974 to 1978. It focuses on the work of a group called the National Commission on New Technological Uses of Copyrighted Works. CONTU, as this group was known, faced the problem of choosing which ontology of software-by which I mean a conception of the nature of software as an invention-should serve as the conceptual underpinning for the law of software copyright. In particular, the commissioners needed to decide whether computer programs are texts, machines, means to communicate with machines, or many of these things at once. CONTU's history shows how the discursive emergence of software as a new technology has been shaped by the convergence of commercial interests, the transmission of technical knowledge to lay audiences, and idiosyncratic views on the nature of information technology and human creativity.

| Yilma | Mizan Law Review

African Journals Online (AJOL)

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

Copyright

Science.gov (United States)

2016-01-01

‘Talent is always conscious of its own abundance, and does not object to sharing.’ Aleksandr Solzhenitsyn, The First Circle When authors submit an article for publication, most publishers will ask for a signature from the author on a copyright form. The relationship between an author and the publisher is then a partnership but one that many authors are reluctant to enter into. After all, why should a publisher take copyright from an author of an article when the author had the idea and has done all the hard work for the content of the article? In response to this question, publishers will generally claim that copyright transfer agreements protect authors from copyright infringements such as plagiarism, libel and unauthorised uses as well as protecting the integrity of the article. Copyright in the UK was originally concerned with preventing the unlawful copying of printed material in the 17th century in response to the then new technology of book printing. The first copyright act in the UK, the Statute of Anne in 1710, was subtitled ‘An Act for the Encouragement of Learning’, and granted privileges and monopolies to book printers. Since then, copyright law has evolved to incorporate many forms of communication, including photography, film, music, computers, engraving, designs on t-shirts and digital technology among other forms of media. The most recent act in the UK is the Copyright, Designs and Patents Act 1988. While copyright covers an author’s right to copy, distribute and revise the work, it does not protect ideas – just their fixation or expression. The moment that an idea is fixed or expressed physically, copyright starts and does not have to be registered. In this article, Pippa Smart provides an overview of the legal framework that protects authors and publishers. Jyoti Shah, Commissioning Editor

Copyright Resources for School Librarians

Science.gov (United States)

Johnson, Yvonne M.; Johnson, Nicole M.

2016-01-01

This article provides a collection of annotated citations for online resources of interest to school librarians; the focus is on copyright law, related information, and guidelines. The citations are organized by themes based on common issues. Copyright protects originally created works, including movies, recorded music performances, novels,…

The Copyright/Design Interface in Denmark (and Scandinavia)

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen; Rosenmeier, Morten

2016-01-01

This article examines the interface in copyright and design law in Denmark and with accounts also for Norway and Sweden. It is pointed out how Scandinavian courts have historically employed several strategies to limit copyright protection of works of applied art including 1) “raising the bar......” to keep works with “clear functional intentions” out of copyright (as seen in Norway and until recently also in Sweden) and 2) narrowing the scope of protection (seen in all three nations). It is finally pointed out how, presently, it is doubtful to what extent the de-velopment in EU law will allow...... these models developed in national law to continue....

THE UGANDA COPYRIGHT AND NEIGHBOURING RIGHTS BILL ...

African Journals Online (AJOL)

The paper discusses the concept and philosophy of copyright. It also discusses copyright infringement with special reference to ICT. Furthermore, the paper examines international provisions related to copyright and reviews the Copyright Law Model. The paper also identifies gaps in the Uganda Copyright Bill, 2002 and ...

DMCA, CTEA, UCITA ... Oh My! An Overview of Copyright Law and Its Impact on Library Acquisitions and Collection Development of Electronic Resources

Science.gov (United States)

Lee, Leslie A.; Wu, Michelle M.

2007-01-01

The purpose of traditional copyright law was to encourage the creation of works based on and to ensure reasonable access to original thought. Despite this harmonious intent, an intrinsic tension exists between libraries and copyright holders, as the former promotes "free" access to information that ultimately reduces the income of the…

76 FR 41075 - Copyright Arbitration Royalty Panel Rules and Procedures

Science.gov (United States)

2011-07-13

... Royalty and Distribution Reform Act of 2004 was signed into law creating the Copyright Royalty Judges, Public Law 108-419, 118 Stat. 2341. The Act replaced the royalty panels with three Copyright Royalty... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 251 [Docket No. 2011-5] Copyright Arbitration...

Collective management of copyright and related rights

CERN Document Server

2010-01-01

In the course of the last decade, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. This book, an extensively revised and updated edition of the only major work on the legal status of CMOs, offers an indepth analysis of the various operating CMO models, their rights and obligations vis-a-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2005 edition, and a new chapter on multiterritorial licensing has been added. Factors considered include the following: * role of 'families' such as the International Confederation of Societies of Authors and Composers ...

Non-Book Materials and Copyright.

Science.gov (United States)

McNally, Paul T.

1978-01-01

Reviews Australian copyright laws as they apply to photographs, slides, overhead transparencies, filmstrips, sound and video recordings, and films. Responsibilities of the library as user are discussed. (RAO)

Lexicography, Terminography and Copyright

Directory of Open Access Journals (Sweden)

Mariëtta Alberts

2012-09-01

Full Text Available

The focus of this article is on copyright issues with specific reference to lexicography and terminography. Lexicographers and terminographers are in the peculiar position of being both creators of copyrightable products and users of copyrighted products. An inventory of accrued rights, the nature of dictionaries as subjects of copyright, national laws and international conventions, terminographical and lexicographical practice, the copyright status of dictionary elements, as well as infringement pitfalls, is made in order to propose guidelines on the legal position of the compilation and publishing of dictionaries. Electronic publications and dissemination on the Internet is considered and discussed, and contractual agreements protecting mutual rights is offered as a final conclusion.

Keywords: author’s right (copyright; copyright (author's right; copyright infringement; copyright issue; copyright law; copyrightable product; copyrighted product; database storage system; denominator; economic right; electronic communication network; fair use; infringement; intellectual property; intellectual property right; lexicographer; lexicography; macrostructure; microstructure; moral right; tangible medium; terminographer; terminography; terminologist; terminology

Leksikografie, terminografie en outeursreg

In hierdie artikel word gefokus op outeursregkwessies met spesifieke verwysing na die leksikografie en terminografie. Leksikograwe en terminograwe bevind hulle in 'n vreemde situasie deurdat hulle sowel skeppers van outeursregbare produkte is as gebruikers van outeursberegte produkte. 'n Inventaris word opgestel van toegevalle regte, die aard van woordeboeke as onderworpe aan outeursreg, nasionale wette en internasionale konvensies, terminografiese en leksikografiese praktyk, die outeursregstatus van woordeboekelemente, asook van slaggate rakende outeursregskending ten einde riglyne vir die regsposisie van die samestelling

THE COPYRIGHT ON THE INTELLECTUAL PROPERTY EXPERT REPORT. CONSEQUENCES

Directory of Open Access Journals (Sweden)

Raul Sorin Fântână

2013-11-01

Full Text Available Currently, according to the law, the expert is treated as a witness, and the expertise - presented as a report - is treated as a work implemented in support of justice only. Referring to the intellectual property, an expert report is often a research work with pronounced character of investigation. According to the copyright law, such a unique work should be cited even in the court device resolution, scientifically commented, as bibliographical source. The immediate consequence in support of the act of justice is that, unlike the jurisprudence - which in many countries is not a source of law, having an informative character only, a written report - especially the technical work – cannot be commented by any court. Evaluated as technical work, an expert report on the one hand should be treated as such - cited - by the courts of law and on the other hand implemented according to the rules imposed in the scientific works: documented, with a minimum number of references to and quotations from serious sources, including previous expert reports from completed files. We think that such an approach of the expert report would lead to a significant improvement of the justice act at least in Business Law.

Kıbrıs Türk Hukukunda İletişim Etiği Çerçevesinde Telif Hakkı Sorunları / Copyright Problems in the Turkish Cypriot Law within the Framework of Communication Ethics

OpenAIRE

Ayhan Dolunay; Gökçe Keçeci

2017-01-01

Abstract Regarding the issue of copyright, our study firstly defines the concepts of “visual communication” and “communication ethics”, mentions the origin of copyrights; and then discusses the copyrights in the Turkish Cypriot Law and the copyright issue in terms of Turkish law and Common Law due to the relations with Turkish Cypriot Law. Finally, this study will deliver concrete solution proposals upon the improvement of copyrights from the perspective of Turkish Cypriot Law.   ...

Copyright, an Incentive or a Burden?

Directory of Open Access Journals (Sweden)

2007-01-01

Full Text Available A copyright provides protection for original artistic or literary work and is valid for the life of the owner plus 70 years. There is a growing tension between creative practices that require access to content that is often copyrighted, and increasingly restrictive intellectual property laws and policies governing access to copyrighted content. Very recently this has played out in the law suit between the media corporation Viacom and the Internet portal YouTube, which is owned by Google. This is against the background of a steadily emerging open source and creative commons culture. Milestones in the open source movement are the OpenOffice office suite, Netscape's publication of the source code for its product as open software, Google's library project, various free archives for scientific dissemination, such as Cornell University's ArXiv.

The Copyright Surveillance Industry

Directory of Open Access Journals (Sweden)

Mike Zajko

2015-09-01

Full Text Available Creative works are now increasingly distributed as digital “content” through the internet, and copyright law has created powerful incentives to monitor and control these flows. This paper analyzes the surveillance industry that has emerged as a result. Copyright surveillance systems identify copyright infringement online and identify persons to hold responsible for infringing acts. These practices have raised fundamental questions about the nature of identification and attribution on the internet, as well as the increasing use of algorithms to make legal distinctions. New technologies have threatened the profits of some media industries through copyright infringement, but also enabled profitable forms of mass copyright surveillance and enforcement. Rather than a system of perfect control, copyright enforcement continues to be selective and uneven, but its broad reach results in systemic harm and provides opportunities for exploitation. It is only by scrutinizing copyright surveillance practices and copyright enforcement measures that we can evaluate these consequences.

法律經濟學與著作權共舞 Shall We Dance? When Law and Economics Meets Copyright

Directory of Open Access Journals (Sweden)

胡心蘭 Hsin-Lan Hu

2008-12-01

1970s, Law and Economics emerged as a wholly new field of legal research and study. Economics provides not only a behavioral theory to predict how people respond to changes in laws, but also a useful normative standard for evaluating law and policy. In the eyes of economists, laws are instruments for achieving important social goals, namely, resources allocative efficiency. In the area of Copyright Law, economic analysis has taken an important role in examining the conflict of interests between copyright owners and public. Scholars and experts of law and economics have been working to find out the most efficient way to allocate the scarce resource and to maximize social welfare – in copyright law, is the Constructional object of promoting the progress of science and useful art. In this article, the author will first introduce the movement of Law and Economic Analysis, and illustrate the development and the central contentions of different schools. The author will also present a briefly historical background of the U.S. Copyright Act, in which, the economic factors and the growth of technologies pour a heavy influence into the development of that Act. Next, the author will describe the various approaches employed by the Law and Economic analysis, through first defining some basic concepts of economics analysis, and then try to apply Law and Economic analysis to the U.S. copyright law, particularly in the copyright infringement cases which involved the application of Fair Use Doctrine, in order to survey the advantages and limits of the adoption of Law and Economic analysis, under the ultimate object of “Promoting the Science and Useful Art.”

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

International Nuclear Information System (INIS)

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

1989-01-01

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

Copyright Essentials for Linguists

Directory of Open Access Journals (Sweden)

Paul Newman

2007-06-01

Full Text Available This paper addresses copyright issues that linguists confront in their capacity as users and creators of scholarly work. It is organized in a simple question-answer format. Questions 1-3 present the basics of U.S. copyright law, including the fundamental nature of copyright as a bundle of intellectual property rights and the role of registration. Questions 4-5 treat issues of copyright notice. Questions 6-8 explain licenses, especially Creative Commons licenses, and the function of an Author's Addendum. Questions 9-10 look at copyright in the context of online open access publishing. Question 11 discusses the concept of Fair Use. Question 12 analyzes the problem of what are called Orphan Works. Questions 13-19 explore issues of copyright ownership, including Work for Hire, joint authorship, and attribution. Questions 20-22 deal with copyright with specific reference to fieldwork situations and indigenous rights. The paper concludes with a brief presentation of key sources for further study and clarification.

Implication of Copyright Provisions for Literary Works in Films and ...

African Journals Online (AJOL)

The emphasis of copyright is on original literary works, films, sound recordings and others. The focus of this paper is to discuss the various provisions of the copyright law as they affect films, video and by extension video CD. The study examines the various interpretations of the provisions of the copyright law as they affect ...

Copyright in the age of online access : Alternative compensation systems in EU copyright law

NARCIS (Netherlands)

de Miranda Branco Tomé Quintais, J.P.

2017-01-01

The large majority of the EU population uses the Internet. For many individuals, their online acts of enjoyment and expression are restricted by copyright. For users and rights holders alike, the existing model of exclusivity with enforcement is problematic. Online enforcement is either impossible

Stealing the Goose: Copyright and Learning

Directory of Open Access Journals (Sweden)

Rory McGreal

2004-11-01

Full Text Available The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are trying to close off the Internet commons and make it proprietary. These are the “copyright controllers.” The preservation of the commons and expanding access to digital content and applications are very important for distance educators. The educational exemptions for “fair use” in the United States and “fair dealing” in the Commonwealth countries are integral to any understanding of copyright, which was instituted for the dissemination of knowledge, and not, as is commonly believed, to protect the rights of the copyright owners. Copyright law was expressly introduced to limit their rights. Yet, these controllers are successfully turning a “copy” right into a property right. The traditional rights of learning institutions are being taken away. The balance for researchers should be restored. Research and learning must be allowed the broad interpretation that was intended in the original laws.

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

Science.gov (United States)

Daniels, Pauline; Campbell, Patricia; Clinton, Alison

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

Private Copyright and Public Communication: Free Speech Endangered

Science.gov (United States)

Patterson, Lyman Ray

1975-01-01

Contending that potential conflict between copyright and free speech inevitable if present provisions of the copyright bill providing copyright for television are enacted, the author suggests an alternative approach based on analysis of English and American background, copyright and the law of unfair competition, and policies of the copyright…

37 CFR 201.6 - Payment and refund of Copyright Office fees.

Science.gov (United States)

2010-07-01

...) Return of deposit copies. Copies of works deposited in the Copyright Office pursuant to law are either... Congress, or disposed of according to law. When an application is rejected, the Copyright Office reserves... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Payment and refund of...

Demystifying the role of copyright as a tool for economic ...

African Journals Online (AJOL)

RV

... regard is one of creating a conducive environment through political (and economic) stability, and not one of actually ..... Coach 2010 ..... influenced by the civil law tradition, have incorporated bad civil law elements into English copyright law ...

Bits and Pieces--Copyright Law and Australian Libraries in 1997.

Science.gov (United States)

Herd, Annabelle

1997-01-01

Discusses issues in Australian libraries related to copyright in the digital environment. Examines what constitutes a digital copy; exceptions/limitations; the extent of liability of those who communicate/transmit digital copyright-protected works; how uses of material can be monitored/controlled; and the process of copyright reform in Australia…

Some Optimism About Fair Use and Copyright Law

OpenAIRE

Madison, Michael

2017-01-01

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.

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

Energy Technology Data Exchange (ETDEWEB)

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

2011-08-01

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

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

International Nuclear Information System (INIS)

Sibatov, R T

2011-01-01

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

Complete Copyright for K-12 Librarians and Educators

Science.gov (United States)

Russell, Carrie

2012-01-01

School librarians and educators have specific copyright questions that are often glossed over in larger books on the subject. Now, thanks to best-selling copyright authority Carrie Russell, there's a resource just for them, offering clear guidance for providing materials to students while carefully observing copyright law. Using whimsical…

EU DIRECTIVES IN THE FIELD OF COPYRIGHT AND RELATED RIGHTS

Directory of Open Access Journals (Sweden)

Ana-Maria MARINESCU

2015-07-01

Full Text Available The aim of this article is to underline the evolution and the importance of the European Directives in the field of copyright and related rights, their contribution to the development of the law and the national implementation, namely their transposition into Romanian Law no. 8/1996 on copyright and related rights. For this purpose, the article will analyze the historical evolution of the European Directives in the field of copyright and related rights and their most important dispositions. Given the wide range of subject matter with which it is concerned, the European Directives in the field of copyright and related rights address to enforcement, protection of databases, protection of computer programs, resale right, satellite and cable, term of protection, rental and lending rights, copyright and related rights in the information society, orphan works and management of copyright and related rights. Taking into account the wild range of subjects that European Directives in the field of copyright and related rights address, it is important to observe the permanent interest of the European legislator on the harmonization of the law on copyright and related rights. In this way, the result was the adoption of 7 directives in a 10-year interval between 1991 and 2001, and of 4 directives, including the one for the modification of the Directive on the term of protection, also in a 10-year interval between 2004 and 2014. Despite the extensive process of harmonization, copyright law in the Member States of the European Union is still largely linked to geographical boundaries of sovereign states.

Economics of copyright: Challenges and perspectives | Stojkov ...

African Journals Online (AJOL)

This article outlines the prominence of economic analysis of copyright, not only within the academic community, but also in the legal practice. The successful cooperation of law and economics in the field of copyright calls for advanced microeconomic analytical skills and a high level of legal understanding of intellectual ...

Copyright Notice, Deposit and Registration Under S. 22

Science.gov (United States)

Gottlieb, George; Cooper, Barry A.

1976-01-01

Chapter 4 of S. 22 requires that works bear a copyright notice, but greatly reduces the penalties for an incorrect or nonexisting notice. It also establishes an optional system of copyright registration. The 12 sections of Chapter 4 are discussed in depth and compared to the existing copyright law. (LBH)

"Originality" and "Reproduction" in Copyright Law with Special ...

African Journals Online (AJOL)

Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree ...

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

African Journals Online (AJOL)

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

Copyright Preemption of Contracts

OpenAIRE

Bohannan, Christina

2008-01-01

This Article argues that both courts and scholars are wrong in their categorical approaches to preemption of contracts under the Copyright Act, and proposes an intermediate approach that recognizes the importance of both contract rights and federal policy in preemption analysis. First, it argues that both courts and scholars have misapplied preemption law to breach of contract claims. Although the two sides tend to favor opposite results, they take equally categorical approaches. Categori...

Lessons in Copyright Activism: K-12 Education and the DMCA 1201 Exemption Rulemaking Process

Science.gov (United States)

Hobbs, Renee

2016-01-01

Digital learning is being transformed by changes in copyright law. This article discusses the author's personal journey as a copyright education activist through two rounds of rulemaking proceedings before the Copyright Office concerning the anti-circumvention provisions of one part of the copyright law, the Digital Millennium Copyright Act…

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

Copyright Failure and the Protection for Tables and Compilation

Directory of Open Access Journals (Sweden)

Dennis K W Khong

2006-06-01

Full Text Available Current copyright laws in all jurisdictions are lacking explicit provisions for protecting many types of contemporary art. It remains unclear to what extent ideas should be copyrightable as art, if at all; or whether an artwork’s commercial nature provides a decisive factor regarding appropriation. Certain situations seem plainly inappropriate, such as artists needing to seek legal counsel in conjunction with creating their artwork: inappropriate in its financial extravagance and in its inevitable curb on creativity. As such, it is incumbent upon courts and legislatures to analyze the issue and to provide guidance. It is the author’s finding that strong moral rights and a vibrant public domain are not necessarily at odds with each other, especially when parties are open to communication. Laws operate to provide structure when parties do not make other arrangements amongst themselves; contracts between artists and galleries, artists and publishers, even artists and other artists may provide the highest degree of satisfaction for specific parties to a specific situation. Not surprisingly, parties with legal or business interests in art and parties with artistic interests in art would communicate better if they understood each other’s situations. Hopefully the issues will continue to be the focus of some thought on all platforms such that informed legal decisions can be made and artists can pursue and protect their creative productions, no matter their format.

Mandatory Vaccinations: Precedent and Current Laws

National Research Council Canada - National Science Library

Welborn, Angie A

2005-01-01

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

75 FR 26278 - The Register of Copyrights’ and the Copyright Royalty Judges’ authority to determine the...

Science.gov (United States)

2010-05-11

... law were referred to the Register of Copyrights concerning the authority of the Register of Copyrights... questions of substantive law for her consideration: Does the Register of Copyrights have the authority under... law. That motion was denied by the Copyright Royalty Judges on March 30, 2010. Order Denying Motion...

Copyright Issues for the Creators and Users of Information in the Electronic Environment.

Science.gov (United States)

Oakley, Robert L.

1991-01-01

Discusses issues that deal with the interface of copyright law and online systems. Areas of change needed to maintain the balance between users and creators of electronic information are identified, limits of the Copyright Act are explored, and it is suggested that existing copyright law can be applied to electronic information. (four references)…

Copyright and the Professoriate: A Primer and Some Recent Developments.

Science.gov (United States)

Gorman, Robert A.

1987-01-01

Copyright branch of American law is summarized and two copyright issues of interest to academics are discussed. Ownership of copyright in works produced in the university and what "fair uses" of copyrighted works may be made by teacher-scholars are discussed. The Salinger v. Random House, Inc. case is described. (MLW)

The Graphic Arts and the New Copyright Act.

Science.gov (United States)

Overbeck, Wayne

This paper briefly summarizes the Copyright Act recently passed by the United States Congress as it relates to graphic arts and points out that the law ignores the major problem facing that field: the lack of copyright protection for typography and typeface designs. It then explains the reasoning used for denying protection to typography and…

EU Digital Regulation Versus Copyright: A Way to Reconcile Digital Economy and Copyright?

Directory of Open Access Journals (Sweden)

Yvon Thiec

2016-12-01

Full Text Available In September 2016, the European Commission presented a proposal for a Directive on copyright in the Digital Single Market, part of a package that also includes the transposition into European law of the Marrakesh Treaty and its effects on the European Union’s relations with third countries, as well as the regulation on online transmissions of broadcasting organisations. The copyright directive is of major importance in the context of digital regulation as it proposes a new related right for press publishers and a new mechanism aiming to give rightholders better control over the use and remuneration of their works on Internet. The proposal also narrows the liability exemption under the e-commerce directive, which has given platforms that provide access to protected works a way out of concluding licensing agreements with rightholders. The draft directive proposes three exceptions to copyright to reinforce digital use in education, protection of the cultural heritage and text-and-data mining. The aim of this paper is to present and to comment on the copyright directive and offer an overview of the opinions that are starting to emerge among different stakeholders.

Modification, translation and adaptation of questionnaires: should copyright laws be observed?

Science.gov (United States)

Juniper, Elizabeth F

2009-06-01

This commentary is intended to start a discussion about whether people should be allowed to modify, translate, adapt or sell copyrighted questionnaires without the permission of the developer (copyright-holder).

Copyright for Movie Night: Film Screenings on Campus

Directory of Open Access Journals (Sweden)

Michaela D. Willi Hooper

2018-02-01

Full Text Available I undertook this paper so that I, along with other librarians and educators, could better understand how to comply with copyright law, conserve university resources, and streamline services to students regarding the procurement of public performance rights (PPR for films and other audiovisual resources. Student groups frequently screen films on campuses, and accepted legal interpretations of sections 101 and 106 of the 1976 Copyright Act indicate that a specific license should be sought for any public performance of a copyrighted audiovisual work. My review of PPR information on the public websites of the 38 members of the ORBIS-Cascade Alliance (an academic library consortium in the Northwest points to the potential for greater collaboration with student affairs professionals and other campus departments to provide more accurate and complete information about PPR and library audiovisual resources (e.g., DVDs or streaming media that have PPR attached. Campus-focused resources about PPR should include information about fair use, educational exemptions, public domain, open licenses, and library-licensed content that comes with PPR. The academic library community could undertake a project to enhance the accessibility of accurate and supportive PPR information to student groups by creating tools or best practices. This area is ripe for more current research.

Streaming Video Games: Copyright Infringement or Protected Speech?

Directory of Open Access Journals (Sweden)

Eirik Evert Elias Jungar

2016-12-01

Full Text Available Streaming video games, that is, live broadcasting playing video games on the internet, is incredibly popular. Millions tune into twitch.tv daily to watch eSport tournaments, their favourite streamer, and chat with other viewers. But all is not rosy in the world of streaming games. Recently, some game developers have aggressively exercised their copyright to, firstly, claim part of the streamers’ revenue, and secondly, control the context in which their game is shown. The article analyzes whether game developers have, and should have, such rights under EU copyright law. Reaching the conclusion that video game streams infringe the game developer’s right to communicate their works to the public, I argue that freedom of expression can and should be used to rein in their rights in certain cases. Subjecting the lawfulness of streams to game developers’ good will risks stifling the expressions of streamers. The streamers, their audience, and even the copyright holders, would be worse off for it.

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

Development, concept and scope of copyright protection in Nigeria ...

African Journals Online (AJOL)

Development, concept and scope of copyright protection in Nigeria: an overview. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This forms the aim of this paper which focuses essentially on basic issues relating to the development, concept and the scope of protection afforded copyright in ...

Games as Cultural Heritage: Copyright Challenges for Preserving (Orphan) Video Games in the EU

OpenAIRE

Maier, Henrike

2015-01-01

The long-term preservation of complex works such as video games comes with many challenges. Emulation, currently the most adequate preservation strategy for video games, requires several acts that are technically possible, but closely governed and restricted by copyright law and technical protection measures. Without prior authorisation from the rightsholder(s), it is therefore difficult to legally emulate these works. However, games often have several rightsholders that are in some cases nea...

Problems of the current law concerning official plan approval

International Nuclear Information System (INIS)

Bluemel, W.

1986-01-01

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

Teaching an Invisible Subject: How are we Educating Faculty about Copyright?

Directory of Open Access Journals (Sweden)

Jennifer Zerkee

2018-02-01

Full Text Available Copyright can be an invisible issue for instructors because infringement or improper use of copyright-protected material will not impede teaching. Copyright law is nuanced and open to interpretation; it is not always clear whether a particular action is compliant or not. This poster will share the results of the presenter’s Canada-wide survey of university copyright administrators, exploring institutions’ provision of copyright education to instructors. The presenter found more questions rather than answers as a result of the survey. Most respondents do no assessment of their copyright instruction, and instead are comfortable relying on experience, questions from faculty, and anecdotal evidence to form an impression of instructors’ familiarity with copyright rules. Is informal appraisal adequate for ensuring that libraries and copyright offices are fulfilling their responsibility to encourage and enable the confident and lawful use of copyright-protected material? What other evidence could be gathered to inform copyright administrators’ efforts? This poster will encourage participants to think about copyright education at their institutions, will share the results of the survey, including approaches being taken by universities across Canada, and will share Simon Fraser University's approaches to instructor education

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

Science.gov (United States)

Appelbaum, Paul S; Swanson, Jeffrey W

2010-07-01

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

The issue of exceptions from the transmission and operation of radio and television broadcasting in the Copyright Act

OpenAIRE

Petera, Jaromír

2008-01-01

In 2005 the Parliament of the Czech Republic adopted an amendment of Act No. 121/2000 on Copyright Law and Rights Related to Copyright [hereinafter Copyright Act]. The Copyright Act amendment set up three new exceptions to the author's exclusive right to exploit his or her work. The author deals with harmony of these three exceptions with international copyright law system and European copyright law. In the broad context the author discusses problems related to the changing scope of the excep...

89 A COMPARATIVE ANALYSIS OF COPYRIGHT ENFORCEMENT ...

African Journals Online (AJOL)

Fr. Ikenga

developing countries did not have intellectual property ('IP') laws prior to the ... musical and literary works play an important role in the economy of these .... Ekereuwem [2012] 4 NWLR (pt 1290) 207; F.C.D.A v. .... 37 K M Garnett, J E Rayner& G Davies, Copinger and Skone James on Copyright (14th ed., London, Sweet and.

Copyright Law and Technology

Science.gov (United States)

Langran, Elizabeth; Langran, Robert; Bull, Glen

2005-01-01

Consumers are inundated with sound and images. A child today may see more images in a week than an individual in the 19th century viewed in a lifetime. These images were presented in a read-only format throughout the 20th century. A child watching television was a passive observer. The inclusion of authoring programs such as iMovie and Movie Maker…

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

KAUST Repository

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

2016-01-01

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

Making the Transition as the New Copyright Librarian

Directory of Open Access Journals (Sweden)

Emilie Regina Algenio

2018-02-01

Full Text Available The corpus of academic librarianship literature notes very little material in relation to the work of new copyright librarians. However, the number of academic libraries hiring librarians to fill these positions is increasing, and the need for such literature is real and pertinent. The purpose of this research is to assist incoming copyright librarians with practical, evidence-based guidance for colleagues just starting out in roles focused on copyright issues. The author drew from professional experience as a first-time copyright librarian at a Carnegie One academic institution in the United States. The author highlights the value of constructing a copyright educational foundation for the university community, cultivating a community of practice, establishing best practices around copyright questions and the utility of effective, vetted copyright resources. Understanding the finer details of a copyright librarian’s job are important, as academic libraries are hiring candidates for other scholarly communication positions, and the applicants are expected to know American copyright law.

Criteria for Copyrightability in Russian Copyright Doctrine and Judicial Practice

Directory of Open Access Journals (Sweden)

Andrey Kashanin

2016-01-01

Full Text Available This article analyzes the current state of the debate on the minimum level of creativity needed for works to be copyrightable, including dominant principles in Russian jurisprudence and judicial practice, principal trends and contradictions that arise in the course of the application of various criteria for copyrightability. An analysis of the judicial practice of recent years warrants the conclusion that standards of creativity as a criterion for copyrightability have dropped drastically. Today’s standards are similar to those of the former American ‘sweat of the brow’ doctrine. But, unlike foreign legal systems that set comparatively low standards of protectability, the Russian judiciary has not yet evolved mechanisms of compensation for risks of monopolization of public domain content. First of all, there is no practice of granting exclusive rights to a work that is similar to an earlier work but has been created independently. Secondly, the practice of refusing protection to non-unique, standard, generally known, and generally available content is dying out. Thirdly, there is currently a trend for giving a large scope of protection to works of low authorship. As a result, exclusive rights are granted to standard or generally accessible content – content that must belong to the public domain – which puts unjustified restrictions on the creative activities of other authors. Moreover, it makes their legal status unpredictable as it establishes a basis for unintended copyright violations being penalized. This amounts to a classical case of overprotection.

Intellectual Property and Copyright Issues in Online Learning Environments.

Science.gov (United States)

Szanto, Edit

2001-01-01

Provides an overview of intellectual property and copyright issues as they relate to online learning environments. Includes a historical perspective; laws and regulations; liability; Web-related issues; higher education; distance learning; compliance strategies; and policy recommendations. (Author/LRW)

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

Science.gov (United States)

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

2016-01-01

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

Conference Session II: Creation or Evolution: Can Copyright Bring the Peace? Presented by Kenneth D. Crews, attorney, Gipson Hoffman & Pancione

Directory of Open Access Journals (Sweden)

Marley C. Nelson

2018-02-01

Full Text Available Dr. Kenneth Crews gives an overview of the history of copyright law, using creation and evolution as touchstones for the quick leaps and long crawls made in this discipline.  Using multiple examples, the often-contentious history of copyright law is presented in an approachable and understandable manner.  Tensions between many of the forces that have shaped, and still are shaping, copyright law are discussed, including the tension between creators and consumers of copyrightable materials.  In the end, both forces are shown to be not only important to, but necessary for, the development of U.S. copyright law.  The program closed with a call to action for attendees to speak out on copyright law and to become part of the forces that continue to create change in this discipline.

Copyright as Innovation Policy: Google Book Search from a Law and Economics Perspective

OpenAIRE

Douglas Lichtman

2009-01-01

The copyright system has long been understood to play a critical role when it comes to the development and distribution of creative work. Copyright serves a second fundamental purpose, however: it encourages the development and distribution of related technologies such as hardware that might be used to duplicate creative work and software that can manipulate it. When it comes to issues of online infringement, then, copyright policy serves two goals, not one: protect the incentives copyright h...

"Originality" and "Reproduction" in Copyright Law with Special Reference to Photographs

Directory of Open Access Journals (Sweden)

Louis Harms

2013-12-01

Full Text Available Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree of mobility and are also ephemeral and without any commercial value. It is accordingly difficult to justify in general terms copyright protection for photographs. Two of the main legal issues in this context are the criteria for originality and the meaning of the reproduction of a photograph. These two issues form the central point of discussion in this contribution.

A Touchy Question for Trainers: Are You Guilty of Copyright Rip Off?

Science.gov (United States)

Training, 1979

1979-01-01

Presents an interview with Jack L. Copeland, President of Training Media Distributors Association on training and the copyright-piracy problem. Discusses video piracy and other unauthorized uses of materials in relation to the new copyright law. (CSS)

Developing Countries and Copyright in the Information Age - The Functional Equivalent Implementation of the WCT

Directory of Open Access Journals (Sweden)

T Pistorius

2006-01-01

Full Text Available Digital technology has had a profound impact on copyright law. The implementation of the WIPO Copyright Treaty (WCT and the enforcement of technological protection measures have led to disparate forms of copyright protection for digital and analogue media. The balance between authors’ rights and the right of the public to access copyright works has been distorted. Copyright law is playing an ever-increasing crucial role in the Information Society. Developing countries are especially disadvantaged by diminished access to works. In this article it is argued that adherence to the principle of functional equivalence in implementing the anti-circumvention provisions of the WCT will ensure that the copyright balance is maintained and will advance the development agenda.

DMCA Section 104 Report: A Report of the Register of Copyrights Pursuant to [Section] 104 of the Digital Millennium Copyright Act.

Science.gov (United States)

Library of Congress, Washington, DC. Copyright Office.

As required under section 104 of Public Law No. 105-304, this Report evaluates the effects of title I of the Digital Millennium Copyright Act (DMCA) of 1998 and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of title 17, U.S.C. It also evaluates the relationship between existing and…

77 FR 71101 - Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115...

Science.gov (United States)

2012-11-29

... available at: http://www.copyright.gov/laws/rulemaking.html . SUPPLEMENTARY INFORMATION: Background Section... whether a Notice filed in the Copyright Office is sufficient as a matter of law under this section, that... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2012-4] Electronic Filing in...

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.

Website Blocking: Evolution or Revolution? 10 Years of Copyright Enforcement by Private Third Parties

Directory of Open Access Journals (Sweden)

Ellen Marja Wesselingh

2014-11-01

Full Text Available

Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs that provide access to end customers to help them with the enforcement of their rights. This article discusses case law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3 of the Copyright Directive (2001/29/EC regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013; the case law gives insight into the differences that still exist after implementation of the directive.

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

International Nuclear Information System (INIS)

Kuehne, G.

2000-01-01

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

Your Introduction to Film-T.V. Copyright, Contracts and Other Law.

Science.gov (United States)

Minus, Johnny; Hale, William Storm

This introductory-level book surveys all legal aspects of film and television production. In addition to central issues of copyright, lawsuits, dealing with lawyers, libel, insurance, taxes, union contracts and the Federal Communications Commission, important peripheral topics--such as raising money, buying equipment, distribution, pirate usage,…

A comparative analysis of copyright enforcement provisions in ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 5 (2014) >. Log in or Register to get access to full text downloads.

77 FR 31237 - Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115...

Science.gov (United States)

2012-05-25

... law, such notices may be filed in the Office only when the public records of the Copyright Office do... filed in the Copyright Office is sufficient as a matter of law under this section, that issue shall be... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2012-4] Electronic Filing in...

Bloomsday: Copyright Estates and Cultural Festivals

Directory of Open Access Journals (Sweden)

Matthew Rimmer

2005-09-01

Full Text Available Copyright estates have been unduly empowered by the extension of the term of copyright protection in Europe, the United States, Australia and elsewhere. The Estate of the Irish novelist, James Joyce, has been particularly aggressive in policing his revived copyrights. The "keepers of the flame" have relied upon threats of legal action to discourage the production of derivative works based upon the canonical texts of the novelist. The Estate has also jealously guarded the reputation of the author by vetoing the use of his work in various scholarly productions. Most radically of all, the grandson Stephen Joyce threatened to take legal action to prevent the staging of "Rejoyce Dublin 2004", a festival celebrating the centenary of Bloomsday. In response, the Irish Parliament rushed through emergency legislation, entitled the Copyright and Related Rights (Amendment Act 2004 (Ireland to safeguard the celebrations. The legislation clarified that a person could place literary and artistic works on public exhibition, without breaching the copyright vested in such cultural texts. Arguably, though, the ad hoc legislation passed by the Irish Parliament is inadequate. The Estate of James Joyce remains free to exercise its suite of economic and moral rights to control the use and adaptation of works of the Irish novelist. It is contended that copyright law needs to be revised to promote the interests of libraries and other cultural institutions. Most notably, the defence of fair dealing should be expanded to allow for the transformative use of copyright works, particularly in respect of adaptations and derived works. There should be greater scope for compulsory licensing and crown acquisition of revived copyrights.

Current questions concerning Space Law

International Nuclear Information System (INIS)

Courteix, Simone.

1978-01-01

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

The Aereo dilemma and copyright in the cloud

Directory of Open Access Journals (Sweden)

Monica Horten

2014-10-01

Full Text Available Aereo is a cloud-based startup company that offers people the possibility to watch live (or nearly live television on computing devices and smartphones. It was sued by the major US broadcasters for copyright liability and the case went to the Supreme Court where Aereo lost. It encapsulates a dilemma facing courts in the US and EU – that a ruling to shut down Aereo, on the basis that it is unlawful under copyright law, could threaten innovation in areas such as the cloud. The Aereo case turned on a narrow point of US copyright law, which this paper discusses. The core issue for this paper was to analyse the legal dispute between Aereo and the broadcasters as documented in the court papers, including transcripts of the hearing, and submissions in support of both parties. A key finding was that the technical design and characterisation of the service lay at the heart of the argument over copyright. The US courts deliberated at length as whether Aereo is more like a cable TV company, or is it merely an equipment provider, providing a digital video recorder in the cloud. The paper discusses whether technical design matters or whether the substantive effect could be the determining factor. The paper then broadens the perspective to examine the position of cloud service providers. It does so in general terms, using amicus curiae briefs and other documentation from the US court case, before concluding with a consideration of the EU position. An important finding is that the complexities of content acquisition, transmission and format-shifting will generate considerable legal uncertainty.

Copyright, Crime and Computers: New Legislative Frameworks for Intellectual Property Rights Enforcement

OpenAIRE

Urbas, Gregor

2012-01-01

This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning copyright, cybercrime, covert investigations, mutual assistance and extradition, prosecution and sentencing options, as well as proceeds of crime recovery. The complex interaction of these laws suggests that the field of IPR enforcement offers numerous investigative, prosecutorial and judicial options beyond ...

PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION

Directory of Open Access Journals (Sweden)

George-Mihai IRIMESCU

2017-05-01

Full Text Available The main purpose of the paper is assessing the possibilities of protecting the titles of works. One possibility is the protection by means of registered or unregistered trademarks. This route presents difficulties because of the distinctiveness perspective. In this sense, the European case-law has recently developed a constant practice and outlined a series of criteria that should be taken into consideration when examining a trademark consisting of a title. Another possibility is protecting the title under the provisions of the copyright law. From this respect, the practice has not yet determined a constant practice. However, the dominant opinion is that the originality criterion should be taken into consideration when assessing the protection of a tile. Finally, brief conclusion are made, including short remarks on the cumulative protection of titles, both as trademarks and under the copyright law.

International Investment Law and EU Law

DEFF Research Database (Denmark)

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

Copyright and the Use of Images as Biodiversity Data

Directory of Open Access Journals (Sweden)

Willi Egloff

2017-03-01

Full Text Available Taxonomy is the discipline responsible for charting the world’s organismic diversity, understanding ancestor/descendant relationships, and organizing all species according to a unified taxonomic classification system. Taxonomists document the attributes (characters of organisms, with emphasis on those can be used to distinguish species from each other. Character information is compiled in the scientific literature as text, tables, and images. The information is presented according to conventions that vary among taxonomic domains; such conventions facilitate comparison among similar species, even when descriptions are published by different authors. There is considerable uncertainty within the taxonomic community as to how to re-use images that were included in taxonomic publications, especially in regard to whether copyright applies. This article deals with the principles and application of copyright law, database protection, and protection against unfair competition, as applied to images. We conclude that copyright does not apply to most images in taxonomic literature because they are presented in a standardized way and lack the individuality that is required to qualify as ‘copyrightable works’. There are exceptions, such as wildlife photographs, drawings and artwork produced in a distinctive individual form and intended for other than comparative purposes (such as visual art. Further exceptions may apply to collections of images that qualify as a database in the sense of European database protection law. In a few European countries, there is legal protection for photographs that do not qualify as works in the usual sense of copyright. It follows that most images found in taxonomic literature can be re-used for research or many other purposes without seeking permission, regardless of any copyright declaration. In observance of ethical and scholarly standards, re-users are expected to cite the author and original source of any image that

Copyright and mass digitization a cross-jurisdictional perspective

CERN Document Server

Borghi, Maurizio

2013-01-01

In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how? The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works. It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digitial repositories should be a permitted act...

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

International Nuclear Information System (INIS)

Fujiwara, J.

1984-01-01

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

The Copyright Controversy: Issues and Opinions

Science.gov (United States)

Keenan, Stella, Ed.; Stillman, Mary E., Ed.

1972-01-01

The edited transcript of the Copyright Panel at the 9th Information Retrieval Colloquium is presented. In addition to the panel presentation and audience discussion, this issue carries, as appendix material, some of the documents which sparked much of the current copyright debate. (Author/NH)

Recalibrating Some Copyright Conceptions: Toward a Shared and Balanced Approach to Educational Copying

Directory of Open Access Journals (Sweden)

Rumi Graham

2014-12-01

Full Text Available Most of Canada’s publicly-funded educational institutions have operated since the 1990s under blanket reprographic licences. But recent Copyright Act amendments and Supreme Court decisions in several copyright cases have added legislative and judicial weight to the idea that copyright encompasses both private owners’ rights and public users’ rights in the form of infringement exceptions such as fair dealing. Many educational institutions have responded to these changes by moving toward greater reliance on statutory users’ rights and direct licensing with copyright owners, and by moving away from blanket collective licensing. Not unexpectedly, copyright owners and the societies and collectives that represent them see the changes in copyright law in a different light. Copyright owners’ and educators’ variant conceptions of the kinds of educational copying that are compensable pose a challenging policy problem in need of a principled solution that upholds the legislative underpinnings of copyright law and is perceived to be fair. This article attempts to frame a balanced understanding of underlying issues by considering the nature and purpose of copyright, the purpose of copyright collectives, what is meant by fair dealing, and, ultimately, how we should think about copyright. It suggests that meaningful change may not be achievable without concerted attention paid to the language we use to think and talk about copyright in order to construct a combat-free shared space in which learning, inquiry, and the production of creative works are fostered and, when appropriate, rewarded fairly.

Where Does Creativity Come From? and Other Stories of Copyright

OpenAIRE

Madison, Michael

2017-01-01

This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual pro...

Development, concept and scope of copyright protection in Nigeria ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 5 (2014) >. Log in or Register to get access to full text downloads.

Of Steeds and Stalking Horses: Academics Meet Publishers on the Field of Copyright.

Science.gov (United States)

Lichtenberg, James

1995-01-01

Discusses the issues involved in reforming the copyright law and redefining fair use as it applies to electronic documents. Highlights include access to and privileges of the Internet, technological development, the evolution of copyright, licenses and fees, the position of publishers and academics, costs, and conditions for creating a stable…

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…

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)

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.

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.

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.

Strong Copyright + DRM + Weak Net Neutrality = Digital Dystopia?

Directory of Open Access Journals (Sweden)

Charles W. Bailey Jr.

2006-09-01

Full Text Available Three critical issues—a dramatic expansion of the scope, duration, and punitive nature of copyright laws; the ability of Digital Rights Management (DRM systems to lock-down digital content in an unprecedented fashion; and the erosion of Net neutrality, which ensures that all Internet traffic is treated equally—are examined in detail and their potential impact on libraries is assessed. How legislatures, the courts, and the commercial marketplace treat these issues will strongly influence the future of digital information for good or ill.

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

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

Public licenses and public domain as alternatives to copyright

OpenAIRE

Köppel, Petr

2012-01-01

The work first introduces the area of public licenses as a space between the copyright law and public domain. After that, consecutively for proprietary software, free and open source software, open hardware and open content, it maps particular types of public licenses and the accompanying social and cultural movements, puts them in mutual as well as historical context, examines their characteristics and compares them to each other, shows how the public licenses are defined by various accompan...

37 CFR 201.31 - Procedures for copyright restoration in the United States for certain motion pictures and their...

Science.gov (United States)

2010-07-01

..., and before March 1, 1989, without the notice required by U.S. copyright law. I certify that the... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Procedures for copyright... American Free Trade Agreement. 201.31 Section 201.31 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE...

Possibilities for retracing of copyright violations on current video game consoles by optical disk analysis

Science.gov (United States)

Irmler, Frank; Creutzburg, Reiner

2014-02-01

This paper deals with the possibilities of retracing copyright violations on current video game consoles (e.g. Microsoft Xbox, Sony PlayStation, ...) by studying the corresponding optical storage media DVD and Blu-ray. The possibilities of forensic investigation of DVD and Blu-ray Discs are presented. It is shown which information can be read by using freeware and commercial software for forensic examination. A detailed analysis is given on the visualization of hidden content and the possibility to find out information about the burning hardware used for writing on the optical discs. In connection with a forensic analysis of the Windows registry of a suspects PC a detailed overview of the crime scene for forged DVD and Blu-ray Discs can be obtained. Optical discs are examined under forensic aspects and the obtained results are implemented into automatic analysis scripts for the commercial forensics program EnCase Forensic. It is shown that for the optical storage media a possibility of identification of the drive used for writing can be obtained. In particular Blu-ray Discs contain the serial number of the burner. These and other findings were incorporated into the creation of various EnCase scripts for the professional forensic investigation with EnCase Forensic. Furthermore, a detailed flowchart for a forensic investigation of copyright infringement was developed.

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

Directory of Open Access Journals (Sweden)

Юрій Олексійович Кругляк

2015-07-01

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

Not bound by the law: legal disobedience in Israeli society.

Science.gov (United States)

Rattner, A; Yagil, D; Pedahzur, A

2001-01-01

The issue of whether there is a 'prima facie obligation to obey the law' has intrigued human society since the days of Socrates. However, most of the writings in this field have dealt with theoretical aspects of the issue, such as the boundaries of legal obedience and frameworks defining the circumstances under which a citizen is not obliged to obey the law. Very few studies have investigated the phenomenon of legal disobedience empirically. The current study is based on a survey of Israeli citizens belonging to three sectors of the population (Jews in the general population, Israeli Arabs, and orthodox Jewish students enrolled in religious yeshiva seminaries). Respondents' attitudes towards the judicial system, the rule of law, and the duty to obey state laws were examined by means of a questionnaire especially designed for the study. The findings point to gaps between the three groups: Compared to the Arab population and the yeshiva students, support for state laws and the rule of law was stronger among Jews in the general population and, conversely, belief in the supremacy of other laws (i.e. religious laws) over state laws and readiness to take the law into one's own hands were stronger among the Arabs and the yeshiva students, compared to the general Jewish population. Copyright 2001 John Wiley & Sons, Ltd.

RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

Directory of Open Access Journals (Sweden)

Virgilijus Valančius

2017-12-01

Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

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

Science.gov (United States)

Waxman, Michael P.

2001-01-01

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

Authorship in Croatian copyright legislation from 1846 to 2007

Directory of Open Access Journals (Sweden)

Zoran Velagić

2015-04-01

Full Text Available The aim of this paper is to investigate and present concepts of the author and his/her copyright work in copyright legislation that entered into force in Croatia from 1846 to 2007. 17 legal documents (acts, corrigenda, amendments were investigated using the content analysis method. The analysis of the results gives an insight into various cultural and sociological dimensions of authorship in the given time-frame. Special attention was paid to definitions of the author and his/her copyright work, examples of copyright works and exceptions related to the duration of copyright for different kinds of copyright works. As there had been no systematic overview of such legal documents in the available literature, they were briefly described in the first part of the paper, highlighting the important articles that stress the role of authors and their copyright work. In the analysis and summary we provide a systematic overview of the main concepts, with a special review of copyright laws in relation to new technologies and artistic forms: it is their relationship that testifies to the complexity of the term 'copyright work'. The paper shows that the basic perception of the author, his/her copyright works and their relations in the analysed copyright legislation has not changed significantly during this period of time. All legal documents refer to the examples of copyright work, and in 1957 a definition of copyright work was included, according to which copyright work is every spiritual (later referred to as intellectual creation. The concept of the author is strongly linked with the concept of author's copyright work. Various examples of copyright works allow us to see the difference between works that are permanent (e.g. literary works, music works, art works and works that are yet to be protected by copyright thanks to the development of technology and new features of artistic expression (e.g. photography, movies, computer programs. The process of

International copyright: principles, law, and practice

National Research Council Canada - National Science Library

Goldstein, Paul

2001-01-01

... and Broadcasting Organizations (Rome Convention) 37 §2.2.1.1. History 37 §2.2.1.2. Protection of Performers 38 §2.2.1.3. Protection of Producers of Phonograms 39 §2.2.1.4. Protection of Broadcasters ...

Training Your Faculty about Copyright When the Lawyer Isn't Looking

Science.gov (United States)

Tobin, Thomas J.

2014-01-01

Administrators in higher-education institutions are faced with an often-conflicting landscape of laws, court cases, adopted practices, rules of thumb, and folk wisdom related to copyright concerns on their campuses. Ask any ten faculty member and receive ten different responses about what constitutes fair use, who owns content created for courses,…

Access to digital representations of color images: a copyright and communications law perspective

Science.gov (United States)

Lyons, Patrice A.

1996-03-01

There has been work going forward on the development of a frame of reference for locating and invoking digital information services and objects over communications systems and pathways having computational capabilities. An important concept in this context is the notion of a `digital object' as a set of sequences of bits, including a unique identifier for the object called a `handle.' A digital object may incorporate digital works and other representations of digital information in which copyright, patent, trade secret or other rights or interest are claimed, although this need not always be the case. For commercial enterprise to take full advantage of the global information infrastructure, it is helpful to develop a flexible terminology for thinking about digital information from a copyright perspective; in this regard, the concept of `digital work' will be suggested. Clearance of rights and interests in connection with the contents of digital objects should be treated separately from compliance with procedures for accessing digital objects viewed as entities that incorporate and identify contents. A suggested legal framework will be discussed.

A Secure Watermarking Scheme for Buyer-Seller Identification and Copyright Protection

Science.gov (United States)

Ahmed, Fawad; Sattar, Farook; Siyal, Mohammed Yakoob; Yu, Dan

2006-12-01

We propose a secure watermarking scheme that integrates watermarking with cryptography for addressing some important issues in copyright protection. We address three copyright protection issues—buyer-seller identification, copyright infringement, and ownership verification. By buyer-seller identification, we mean that a successful watermark extraction at the buyer's end will reveal the identities of the buyer and seller of the watermarked image. For copyright infringement, our proposed scheme enables the seller to identify the specific buyer from whom an illegal copy of the watermarked image has originated, and further prove this fact to a third party. For multiple ownership claims, our scheme enables a legal seller to claim his/her ownership in the court of law. We will show that the combination of cryptography with watermarking not only increases the security of the overall scheme, but it also enables to associate identities of buyer/seller with their respective watermarked images.

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

DEFF Research Database (Denmark)

Stauning, P.; Primdahl, Fritz

2000-01-01

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

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.…

Law enforcement attitudes toward overdose prevention and response.

Science.gov (United States)

Green, Traci C; Zaller, Nickolas; Palacios, Wilson R; Bowman, Sarah E; Ray, Madeline; Heimer, Robert; Case, Patricia

2013-12-01

Law enforcement is often the first to respond to medical emergencies in the community, including overdose. Due to the nature of their job, officers have also witnessed first-hand the changing demographic of drug users and devastating effects on their community associated with the epidemic of nonmedical prescription opioid use in the United States. Despite this seminal role, little data exist on law enforcement attitudes toward overdose prevention and response. We conducted key informant interviews as part of a 12-week Rapid Assessment and Response (RAR) process that aimed to better understand and prevent nonmedical prescription opioid use and overdose deaths in locations in Connecticut and Rhode Island experiencing overdose "outbreaks." Interviews with 13 law enforcement officials across three study sites were analyzed to uncover themes on overdose prevention and naloxone. Findings indicated support for law enforcement involvement in overdose prevention. Hesitancy around naloxone administration by laypersons was evident. Interview themes highlighted officers' feelings of futility and frustration with their current overdose response options, the lack of accessible local drug treatment, the cycle of addiction, and the pervasiveness of easily accessible prescription opioid medications in their communities. Overdose prevention and response, which for some officers included law enforcement-administered naloxone, were viewed as components of community policing and good police-community relations. Emerging trends, such as existing law enforcement medical interventions and Good Samaritan Laws, suggest the need for broader law enforcement engagement around this pressing public health crisis, even in suburban and small town locations, to promote public safety. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

CRIMINAL LAW PROTECTION OF DATABASE AT A GLANCE

Directory of Open Access Journals (Sweden)

LUCIAN T. POENARU

2012-05-01

Full Text Available Database protection is provided in Romania by the general law on copyright no. 8/1996. According to the law, it is considered to be a crime making available to the public, by any means, the special rights attributed to database owners or copies thereof. This paper will focus on, one hand, presenting the way database and database related products can be subject to a copyright general protection and, on the other, revealing the special sui generis right attributed to database owners. In such a context, criminal instruments for protecting such rights seem to be quite annoying for the perpetrator, but less effective when it comes to a proper enforcement by the criminal bodies. This paper will therefore try to compare the way guilty actions of the culprit are effectively sanctioned by the criminal instruments provided by the law.And because the Romanian law on copyright does follow at least the letter of the European Directives on copyright and the protection of database, this paper will also search the spirit of the relevant European case-law and its applicability by the Romanian authorities.

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.

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.

Copyright Information

Science.gov (United States)

... Here: Home → Copyright Information URL of this page: https://medlineplus.gov/copyright.html Copyright Information To use ... the Magazine and NIH MedlinePlus Salud The FAQs ( https://medlineplus.gov/faq/faq.html ) The same content ...

Beyond Invention: Patent as Knowledge Law

OpenAIRE

Madison, Michael

2017-01-01

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between...

Copyright and Computer Generated Materials – Is it Time to Reboot the Discussion About Authorship?

Directory of Open Access Journals (Sweden)

Anne Fitzgerald

2013-12-01

Full Text Available Computer generated materials are ubiquitous and we encounter them on a daily basis, even though most people are unaware that this is the case. Blockbuster movies, television weather reports and telephone directories all include material that is produced by utilising computer technologies. Copyright protection for materials generated by a programmed computer was considered by the Federal Court and Full Court of the Federal Court in Telstra Corporation Limited v Phone Directories Company Pty Ltd.  The court held that the White and Yellow pages telephone directories produced by Telstra and its subsidiary, Sensis, were not protected by copyright because they were computer-generated works which lacked the requisite human authorship.The Copyright Act 1968 (Cth does not contain specific provisions on the subsistence of copyright in computer-generated materials. Although the issue of copyright protection for computer-generated materials has been examined in Australia on two separate occasions by independently-constituted Copyright Law Review Committees over a period of 10 years (1988 to 1998, the Committees’ recommendations for legislative clarification by the enactment of specific amendments to the Copyright Act have not yet been implemented and the legal position remains unclear. In the light of the decision of the Full Federal Court in Telstra v Phone Directories it is timely to consider whether specific provisions should be enacted to clarify the position of computer-generated works under copyright law and, in particular, whether the requirement of human authorship for original works protected under Part III of the Copyright Act should now be reconceptualised to align with the realities of how copyright materials are created in the digital era.

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

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

Navigating the Copyright Landscape: Practical Considerations for Librarians

Directory of Open Access Journals (Sweden)

Bridget Carter Conlogue

2016-05-01

Full Text Available Copyright is central to teaching activities in higher education. Using copyrighted materials in education requires careful analysis and understanding of copyright basics. A review of the literature demonstrates that librarians are the primary resource on campus for information about copyright. A sampling of small to moderate-size, private university and college websites, and a survey of the librarians at those institutions suggest that libraries and librarians are the sole providers of copyright information for their campus. This paper examines how and what kinds of copyright information librarians at private, small to moderate-size institutions provide to their patrons and offers commentary from librarians who are currently the copyright contact on campus. The authors discuss how to use copyright expertise to build a professional niche and serve the profession as well as how to identify new opportunities for professional growth and career advancement.

Organizational Placement and Perceived Legitimacy and Authority of Copyright Information Dissemination and Management in the Research University

Science.gov (United States)

Albitz, Rebecca S.

2012-01-01

Copyright plays a central role in numerous activities within higher education, and educating a university community about copyright law should be a priority, if only to protect the institution from lawsuits. But, based upon a literature review, institutions devote a more resources to other intellectual property activities--plagiarism detection,…

Ebooks Licensing and Canadian Copyright Legislation: A Few Considerations

Directory of Open Access Journals (Sweden)

Tony G Horava

2009-06-01

Full Text Available Ebooks have become increasingly common in collection development strategies. The availability and delivery of monographs in digital formats has gained significantly in popularity in many libraries, particularly in the academic sector. Licensing is the common method of acquiring ebooks, whether as a subscription or a purchase. Libraries have had to transform selection and workflow processes in order to acquire ebooks in an efficient manner. Little attention, however, has been paid to the interplay between licensing as a contractual arrangement and the statutory rights available under Canadian copyright law. Fair dealing is a concept of critical importance in Canadian copyright, as it provides the foundation for user rights in support of culture, learning, and innovation. There are other provisions of specific value for libraries, such as interlibrary loans and access by persons with perceptual disabilities. This article will examine these issues and proposes a few strategies that libraries can adopt to ensure that statutory rights are not eroded in licensing agreements

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

OpenAIRE

Bradney, Professor Anthony

2006-01-01

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

Didactical formulation of the Ampère law

International Nuclear Information System (INIS)

Barchiesi, Dominique

2014-01-01

The Ampère law is useful to calculate the magnetostatic field in the cases of distributions of current with high degree of symmetry. Nevertheless the magnetic field produced by a thin straight wire carrying a current I requires the Biot–Savart law and the use of the Ampère law leads to a mistake. A didactical formulation of the Ampère law is proposed to prevent misinterpretations. (letters and comments)

75 FR 61419 - Inquiry on Copyright Policy, Creativity, and Innovation in the Internet Economy

Science.gov (United States)

2010-10-05

...The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the relationship between the availability and protection of online copyrighted works and innovation in the Internet economy. The Department, the United States Patent and Trademark Office (USPTO), and the National Telecommunications and Information Administration (NTIA) seek public comment from all interested stakeholders, including rights holders, Internet service providers, and consumers on the challenges of protecting copyrighted works online and the relationship between copyright law and innovation in the Internet economy. After analyzing the comments submitted in response to this Notice, the Internet Policy Task Force intends to issue a report that will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection and innovation.

The generalized Ohm's law in collisionless magnetic reconnection

International Nuclear Information System (INIS)

Cai, H.J.; Lee, L.C.

1997-01-01

The generalized Ohm close-quote s law and the force balance near neutral lines in collisionless magnetic reconnection is studied based on two-dimensional full particle simulations in which the ion endash electron mass ratio is set to be 1836. The off-diagonal elements of a plasma pressure tensor are found to be responsible for the breakdown of the frozen-in condition in collisionless reconnection. While the off-diagonal elements of the electron pressure tensor are dominant terms in the generalized Ohm close-quote s law near neutral lines, the ion off-diagonal pressure terms are of significant importance when ions are main current carriers. The spatial scale of electron off-diagonal pressure term P xy (e) is also found to be proportional to the Dungey length scale, (m e E y /eβ 2 ) 1/3 , where β=∂B z /∂x. copyright 1997 American Institute of Physics

Ohm close-quote s law for plasmas in reversed field pinch configuration

International Nuclear Information System (INIS)

Martines, E.; Vallone, F.

1997-01-01

An analytical relationship between current density and applied electric field in reversed field pinch (RFP) plasmas has been derived in the framework of the kinetic dynamo theory, that is assuming a radial field-aligned momentum transport caused by the magnetic field stochasticity. This Ohm close-quote s law yields current density profiles with a poloidal current density at the edge which can sustain the magnetic field configuration against resistive diffusion. The dependence of the loop voltage on plasma current and other plasma parameters for RFP experiments has been obtained. The results of the theoretical work have been compared with experimental data from the RFX experiment, and a good agreement has been found. copyright 1997 The American Physical Society

Retail price as an outcome measure for the effectiveness of drug law enforcement.

Science.gov (United States)

Bright, David A; Ritter, Alison

2010-09-01

One outcome measure of law enforcement effectiveness is the reduction in drug consumption which occurs as a result of law enforcement interventions. A theoretical relationship between drug consumption and retail price has promoted the use of retail price as a surrogate measure for consumption. In the current article, retail price is examined as a potential outcome measure for the effectiveness of law enforcement. The predictions regarding the relationship between law enforcement intensity and price are only partially supported by research. Explanations for the disconnect between the drug law enforcement activity and retail price include: rapid adaptation by market players, enforcement swamping, assumptions of rational actors, short-run versus long-run effects, structure of the illicit market, simultaneous changes that affect price in perverse ways, the role of violence in markets, and data limitations. Researchers who use retail price as an outcome measure need to take into account the complex relationship between drug law enforcement interventions and the retail price of illicit drugs. Viable outcome measures which can be used as complements to retail price are worth investigation. Copyright 2009 Elsevier B.V. All rights reserved.

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.

Asymptotic Conservation Laws in Classical Field Theory

International Nuclear Information System (INIS)

Anderson, I.M.; Torre, C.G.

1996-01-01

A new, general, field theoretic approach to the derivation of asymptotic conservation laws is presented. In this approach asymptotic conservation laws are constructed directly from the field equations according to a universal prescription which does not rely upon the existence of Noether identities or any Lagrangian or Hamiltonian formalisms. The resulting general expressions of the conservation laws enjoy important invariance properties and synthesize all known asymptotic conservation laws, such as the Arnowitt-Deser-Misner energy in general relativity. copyright 1996 The American Physical Society

Slip-sliding away - Some Reflections on Recent Developments in Copyright and their Consequences

Directory of Open Access Journals (Sweden)

Kjell Nilsson

2007-08-01

Full Text Available Copyright is undoubtedly a very complicated matter. For that very reason it might be useful now and again to look beyond the jungle of treaties, directives, laws, decrees and contracts, and try to establish where we are actually heading. Then we can ask ourselves whether the direction taken is the one we would like to see. My purpose in writing this article is to demonstrate how the ‘balance’, which was always considered to be a crucial goal of copyright regulation, has been gradually undermined, to the detriment of the consumers of information and culture. I will also try to illustrate how copyright has become distanced from what was once its very foundations. If we look more closely at recent developments there are primarily two factors which merit special attention, namely 1 the widespread revision of copyright legislation and 2 The increasing regulation by contract.

School Law Update...Preventive School Law.

Science.gov (United States)

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

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

PROGRESSIVE LAW ENFORCEMENT TOWARDS HUMAN RIGHTS VIOLATION IN KOTA KUPANG

Directory of Open Access Journals (Sweden)

Joni Efraim Liunima

2016-01-01

Full Text Available Copyright is creator intellectual wealth so it needs to be protected by the State as a form of responsibility. Responding that problem comes into the world Law Number 28 Year 2014 concerning Copyrights and all violations in UUHC is formulated as delict complaint. Consequence of delict complaint is not all of copyright violations can be asked for the responsibility because law agencies are passive and limited by space and time. Answering that jurisdictional problem then researcher used empirical law research method. The result showed that civil servants investigator (PPNS Kanwil Kemenkumham NTT and also Kupang Kota Police Resort have done progressive step such as appealing, warning, calling, making statement, stocktaking and confiscation whereas the obstacle factor of progressive law enforcement is knowledge, mindset and in the formula of UUHC there is no section which formulate what the step can be done if criminal matters happen so the suggestions given is law enforcement agencies need an explanation about progressive law enforcement and it is better if in UUHC need to be formulated a step which will be taken if criminal matters happen

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

Directory of Open Access Journals (Sweden)

Сергій Володимирович Васильєв

2016-01-01

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

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

International Nuclear Information System (INIS)

Ekardt, Felix; Rostock Univ.

2014-01-01

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

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

African Journals Online (AJOL)

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Archives: Mizan Law Review

African Journals Online (AJOL)

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

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.

Copyright and Wire Broadcasting Under Belgian Law

Science.gov (United States)

Namurois, Albert

1975-01-01

A discussion of a case whereby substantial damages, if not criminal proceedings, will sanction, according to circumstances, both television organizations and those who in certain conditions distribute their programs by wire or communicate them to the public. (Author/HB)

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

NARCIS (Netherlands)

Prakken, Hendrik

2016-01-01

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

37 CFR 202.3 - Registration of copyright.

Science.gov (United States)

2010-07-01

... separate continuation sheet, CON 2, must be used to list contents titles, i.e., titles of independent works... on current events, either local, national, or international in scope. A newspaper contains a broad... other copyright claimant of a work, or the owner of any exclusive right in a work, or the duly...

Estimation of neutron mean wavelength from rocking curve dataThis work is a contribution of NIST, an agency of the US Government, and not subject to copyright laws.

Science.gov (United States)

Coakley, K. J.; Chowdhuri, Z.; Snow, W. M.; Richardson, J. M.; Dewey, M. S.

2003-01-01

At NIST, an in-beam neutron lifetime experiment is underway. In part of the experiment, a neutron detector is calibrated. The accuracy of the detector calibration depends, in part, on how accurately the mean wavelength of a neutron beam can be estimated from rocking curve data. Based on a stochastic model for neutron scattering, we simulate rocking curve data. To speed up the simulation, an importance sampling method is used. For the cases studied, importance sampling reduces the execution time of the simulation code by over a factor of 500. For simulated data, the statistical bias of the mean wavelength estimate is found to be 0.004%. This work is a contribution of NIST, an agency of the US Government, and not subject to copyright laws.

China's renewables law

International Nuclear Information System (INIS)

Zhu Li

2005-01-01

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

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

Science.gov (United States)

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

2017-11-01

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

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.

International Criminal Law & Its Paradoxes

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2017-01-01

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

Copyright over Works Reproduced and Published Online by Search Engines

Directory of Open Access Journals (Sweden)

Ernesto Rengifo García

2016-12-01

Full Text Available Search engines are an important technological tool that facilitates the dissemination and access to information on the Internet. However, when it comes to works protected by authors rights, in the case of continental law, or Copyright, for the Anglo-Saxon tradition, it is difficult to define if search engines infringe the rights of the owners of these works. In the face of this situation, the US and Europe have employed the exceptions to autorights and Fair Use to decide whether search engines infringes owners rights. This article carries out a comparative analysis of the different judicial decisions in the US and Europe on search engines and protected works.

From "Piracy" to Payment: Audio-Visual Copyright and Teaching Practice.

Science.gov (United States)

Anderson, Peter

1993-01-01

The changing circumstances in Australia governing the use of broadcast television and radio material in education are examined, from the uncertainty of the early 1980s to current management of copyrighted audiovisual material under the statutory licensing agreement between universities and an audiovisual copyright agency. (MSE)

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

DEFF Research Database (Denmark)

Lookofsky, Joseph

2013-01-01

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

Copyright Policies and the Deciphering of Fair Use in the Creation of Reserves at University Libraries

Science.gov (United States)

Gould, Thomas H. P.; Lipinski, Tomas A.; Buchanan, Elizabeth A.

2005-01-01

This paper stems from the results of a systematic study of research library policy regarding application and interpretation of copyright law to reserves and electronic reserves. A thorough legal framework is provided from which the study's results are interpreted, and suggestions for research library compliance are provided.

Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

Directory of Open Access Journals (Sweden)

Irina V. Shugurova

2015-12-01

Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

Nuclear law Netherlands

International Nuclear Information System (INIS)

Bischof, W.

1976-01-01

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

Daddy’s Car: Artificial Intelligence as a Creative Tool for Copyright

Directory of Open Access Journals (Sweden)

Jaime Alberto Díaz Limón

2016-12-01

Full Text Available This year on September 19th, Sony CSL, a software developer company, announced to the world, the creation of the first musical work whose ownership belongs to Artificial Intelligence. This paper analyzes the legal consequences of such a statement, and it’s conceptual and legal limits within the Copyright Universe (with fundament on International Treaties; in order to assess whether we are in presence of new legal-authorial figure that invite us to think over the subjects of protection in our laws or whether the applicable normativity may resolve these hypotheses in favor Artificial Intelligence, instead of juridical persons.

Private law

DEFF Research Database (Denmark)

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

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

OpenAIRE

Rautenbach, Christa

2004-01-01

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

RFQ scaling-law implications and examples

International Nuclear Information System (INIS)

Wadlinger, E.A.

1986-01-01

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

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

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

European Corporate Law

DEFF Research Database (Denmark)

Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik

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

Beyond Oil on Canvas: New Media and Presentation Formats Challenge International Copyright Law’s Ability to Protect the Interests of the Contemporary Artist

Directory of Open Access Journals (Sweden)

Molly Ann Torsen

2006-03-01

Full Text Available Current copyright laws in all jurisdictions are lacking explicit provisions for protecting many types of contemporary art. It remains unclear to what extent ideas should be copyrightable as art, if at all; or whether an artwork’s commercial nature provides a decisive factor regarding appropriation. Certain situations seem plainly inappropriate, such as artists needing to seek legal counsel in conjunction with creating their artwork: inappropriate in its financial extravagance and in its inevitable curb on creativity. As such, it is incumbent upon courts and legislatures to analyze the issue and to provide guidance. It is the author’s finding that strong moral rights and a vibrant public domain are not necessarily at odds with each other, especially when parties are open to communication. Laws operate to provide structure when parties do not make other arrangements amongst themselves; contracts between artists and galleries, artists and publishers, even artists and other artists may provide the highest degree of satisfaction for specific parties to a specific situation. Not surprisingly, parties with legal or business interests in art and parties with artistic interests in art would communicate better if they understood each other’s situations. Hopefully the issues will continue to be the focus of some thought on all platforms such that informed legal decisions can be made and artists can pursue and protect their creative productions, no matter their format.

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

International Nuclear Information System (INIS)

Degenhart, C.

1989-01-01

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

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

Science.gov (United States)

Palestini, Robert; Falk, Karen Palestini

2012-01-01

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

Business Law

OpenAIRE

Marson, James; Ferris, Katy

2016-01-01

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

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

Copyright and Industrial Design, How a Line Should be Drawn? Works of Applied Arts, its Protection in Colombia

Directory of Open Access Journals (Sweden)

David Felipe Álvarez Amézquita

2015-07-01

Full Text Available As works of applied arts have been situated normally at the grey area between copyright and industrial property, this article discusses three different approaches about how they should be protected. It particularly focuses on the case of industrial designs which might be considered as copyrighted works. Subject to the fulfilment of copyright criterions and particularly the requisites for works of art and for the work of applied arts, the article proposes that Colombian and Andean Communitarian Law should embrace the partial accumulation system of protection for such creations.

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

Directory of Open Access Journals (Sweden)

Ramona Elisabeta Cîrlig

2016-12-01

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

Layer-Mean Quantities, Local Conservation Laws, and Vorticity

International Nuclear Information System (INIS)

Camassa, R.; Levermore, C.D.

1997-01-01

We derive local conservation laws for layer-mean quantities in two general settings. When applied to Euler flows, the first of these settings yields well-known local conservation laws for quantities averaged between material surfaces. The second, however, leads to new local conservation laws for quantities involving the vorticity that are averaged between arbitrary surfaces. These produce the crucial vorticity conservation laws in shallow water models that admit nonhydrostatic and noncolumnar motion. Moreover, they seem to lie outside the Hamiltonian paradigm of fluid dynamics. The formalism generalizes to skew-symmetric matrix fields; applications to electromagnetism are suggested. copyright 1997 The American Physical Society

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

African Journals Online (AJOL)

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

Copyright of Electronic Publishing.

Science.gov (United States)

Dong, Elaine; Wang, Bob

2002-01-01

Analyzes the importance of copyright, considers the main causes of copyright infringement in electronic publishing, discusses fair use of a copyrighted work, and suggests methods to safeguard copyrighted electronic publishing, including legislation, contracts, and technology. (Author/LRW)

14th German nuclear law symposium

International Nuclear Information System (INIS)

Burgi, Martin

2013-01-01

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

Contradictions of labor law during elections

Directory of Open Access Journals (Sweden)

Jorge Márquez

2015-10-01

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

What's the law got to do with it? Legislation regarding in-vehicle technology use and its impact on driver distraction.

Science.gov (United States)

Parnell, Katie J; Stanton, Neville A; Plant, Katherine L

2017-03-01

Legislation in the road transport domain aims to control safety on the roads. Despite this, a critical issue affecting road safety is that of driver distraction. Although poorly defined, distraction is a significant road safety issue which, in part, is caused by the prevalence of technology within vehicles. Legislation surrounding the use of in-vehicle technologies are explored in this paper from a socio-technical system perspective. This reveals the wider context of the road transport system operating under the current laws using an Accimap analysis. A distinction in the law between the use of hand-held mobile phones, a device that is typically banned for use by drivers worldwide, and the use of other technological devices that are covered by more general laws against 'careless' and/or 'dangerous' driving was found. Historically, individual drivers' have been blamed for distraction, whereas the systems approach shows how current legislation may have created the conditions necessary for driver distraction. Copyright © 2016 Elsevier Ltd. All rights reserved.

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.

Outsourcing the law firm library: the UK experience

OpenAIRE

Brown, Fiona

2017-01-01

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

Gene-Editing: Interpretation of Current Law and Legal Policy

OpenAIRE

Kim, Na-Kyoung

2017-01-01

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

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

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

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

A Pictorial Approach to Lenz's Law

Science.gov (United States)

Duffy, Andrew

2018-01-01

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

On the Improvement of the "Copyright Law" of Korea for Library Services for Persons with Disabilities

Science.gov (United States)

Yoon, Hee-Yoon; Kim, Sin-Young

2013-01-01

One of the most important issues for world libraries at the present time is to extend copyright limitations and exceptions for reproduction, for library preservation and distribution services including lending and ILL/DDS, the printout and transmission of Internet information resources, copying of library materials which are rarely available…

A nanonewton force facility to test Newton's law of gravity at micro- and submicrometer distances

International Nuclear Information System (INIS)

Nesterov, Vladimir; Buetefisch, Sebastian; Koenders, Ludger

2013-01-01

An experiment to test Newton's law of gravity at micro- and submicrometer distances using a nanonewton force facility at PTB and modern microtechnologies is proposed. It is anticipated that the proposed method can advance the search for non-Newtonian gravity forces via an enhanced sensitivity of 10 3 to 10 4 in comparison to current experiments at the micrometer length scale. (copyright 2013 by WILEY-VCH Verlag GmbH and Co. KGaA, Weinheim)

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

Law Enforcement School Programs. Fact Sheet

Science.gov (United States)

Arkansas Safe Schools Initiative Division, 2010

2010-01-01

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

Contractual and non-contractuall obligations in private international Law

OpenAIRE

Čejková, Martina

2010-01-01

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

Pirates and Samaritans : a decade of measurements on peer production and their implications for net neutrality and copyright

NARCIS (Netherlands)

Pouwelse, J.A.; Garbacki, P.; Epema, D.H.J.; Sips, H.J.

2008-01-01

This study traces the evolution of commons-based peer production by a measurement-based analysis of case studies and discusses the impact of peer production on net neutrality and copyright law. The measurements include websites such as suprnova.org, youtube.com, and facebook.com, and the

LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

Directory of Open Access Journals (Sweden)

Emilian CIONGARU

2014-05-01

Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

Health Law 2015: Individuals and Populations.

Science.gov (United States)

Jacobson, Peter D; Dahlen, Rachel

2016-12-01

In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocation of liability to the institutional level. The second judicial trend will be the convergence of health law and public health law concepts. Because the ACA arguably stimulates closer engagement between health systems and public health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes. Copyright © 2016 by Duke University Press.

Recurrence spectroscopy of atoms in electric fields: Failure of classical scaling laws near bifurcations

International Nuclear Information System (INIS)

Shaw, J.A.; Robicheaux, F.

1998-01-01

The photoabsorption spectra of atoms in a static external electric field shows modulations from recurrences: electron waves that go out from and return to the vicinity of the atomic core. Closed-orbit theory predicts the amplitudes and phases of these modulations in terms of closed classical orbits. A classical scaling law relates the properties of a closed orbit at one energy and field strength to its properties at another energy and field strength at fixed scaled energy ε=EF -1/2 . The scaling law states that the recurrence strength of orbits along the electric field axis scale as F 1/4 . We show how this law fails near bifurcations when the effective Planck constant ℎ≡ℎF 1/4 increases with increasing field at fixed ε. The recurrences of orbits away from the axis scale as F 1/8 in accordance with the classical prediction. These deviations from the classical scaling law are important in interpreting the recurrence spectra of atoms in current experiments. This leads to an extension of the uniform approximation developed by Gao and Delos [Phys. Rev. A 56, 356 (1997)] to complex momenta. copyright 1998 The American Physical Society

Copyright Catechism II. Practical Answers to Everyday School Dilemmas. Copyright Series

Science.gov (United States)

Simpson, Carol

2011-01-01

This book contains valid, real-world copyright questions posed by real-life educators--all answered by a knowledgeable and experienced school attorney. Poor economic conditions have driven publishers to be more aggressive with pursuing improper use of their copyrighted materials. At the same time, new technologies are complicating old copyright…

The legal status of cannabis (marijuana) and cannabidiol (CBD) under U.S. law.

Science.gov (United States)

Mead, Alice

2017-05-01

In the United States, federal and state laws regarding the medical use of cannabis and cannabinoids are in conflict and have led to confusion among patients, caregivers, and healthcare providers. Currently, cannabis is legal for medical purposes in 50% of the states, and another seventeen states allow products that are high in cannabidiol (CBD) and low in THC (tetrahydrocannabinol) for medical use. Many of these artisanal products are sold in dispensaries or over the internet. However, none of these products has been approved by the Food and Drug Administration (FDA). Understanding how federal laws apply to clinical research and practice can be challenging, and the complexity of these laws has resulted in particular confusion regarding the legal status of CBD. This paper provides an up-to-date overview (as of August 2016) of the legal aspects of cannabis and cannabidiol, including cultivation, manufacture, distribution, and use for medical purposes. This article is part of a Special Issue title, Cannabinoids and Epilepsy. Copyright © 2017 The Author. Published by Elsevier Inc. All rights reserved.

The nullum crimen sine iure principle in contemporary International Law

Directory of Open Access Journals (Sweden)

Hector Olásolo Alonso

2014-03-01

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

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

Directory of Open Access Journals (Sweden)

Burçin BOZDOĞANOĞLU

2016-12-01

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

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

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

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

Nuclear Energy Law and Arbo Law/Safety Law

International Nuclear Information System (INIS)

Eijnde, J.G. van den

1986-01-01

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

International Space Law

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M. Lits

2017-01-01

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

Atomic Energy Law with ordinances. 9. ed.

International Nuclear Information System (INIS)

Anon.

1982-01-01

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

[Medical Devices Law for pain therapists].

Science.gov (United States)

Regner, M; Sabatowski, R

2016-08-01

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

Law-and-Education Research: Past and Future.

Science.gov (United States)

Yudof, Mark G.

1979-01-01

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

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.

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.

The gravitational analog of Faraday's induction law

Science.gov (United States)

Zile, Daniel; Overduin, James

2015-04-01

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

Direct Construction of Conservation Laws from Field Equations

International Nuclear Information System (INIS)

Anco, S.C.; Bluman, G.

1997-01-01

This Letter presents an algorithm to obtain all local conservation laws for any system of field equations. The algorithm uses a formula which directly generates the conservation laws and does not depend on the system having a Lagrangian formulation, in contrast to Noether close-quote s theorem which requires a Lagrangian. Several examples are considered including dissipative systems inherently having no Lagrangian. copyright 1997 The American Physical Society

Closing responsibilities: decommissioning and the law

International Nuclear Information System (INIS)

Macrory, R.

1990-01-01

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

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

International Nuclear Information System (INIS)

1988-06-01

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

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.

Contra Copyright, Again

OpenAIRE

Wendy McElroy

2011-01-01

This revised version of the author’s 1985 article “Contra Copyright” includes a new, introductory section explaining the background of the author’s path to copyright abolitionism. The main article surveys various libertarian debates on this issue, including the anti-intellectual property (IP) views of Benjamin Tucker and the pro-IP views of Lysander Spooner. McElroy argues that the issue of copyright hinges on the question: can ideas be property? Because only scarce goods can be property, and...

Corporate Social Responsibility: what role for law?

DEFF Research Database (Denmark)

Buhmann, Karin

2006-01-01

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

Quality, merit, aesthetics and purpose: an inquiry into EU copyright law's eschewal of other criteria than originality

NARCIS (Netherlands)

van Gompel, S.; Lavik, E.

2013-01-01

This article examines the rule that no other criteria than originality shall be applied to determine the eligibility for protection of works, as contained in a few EU Directives on copyright (i.e. the Computer Programs Directive, the Term Directive and the Database Directive). While aimed to

Nonlocal symmetries and nonlocal conservation laws of Maxwell's equations

International Nuclear Information System (INIS)

Anco, S.C.; Bluman, G.

1997-01-01

Nonlocal symmetries are obtained for Maxwell's equations in three space-time dimensions through the use of two potential systems involving scalar and vector potentials for the electromagnetic field. Corresponding nonlocal conservation laws are derived from these symmetries. The conservation laws yield nine functionally independent constants of motion which cannot be expressed in terms of the constants of motion arising from local conservation laws for space-time symmetries. These nine constants of motion represent additional conserved quantities for the electromagnetic field in three space endash time dimensions. copyright 1997 American Institute of Physics

Analysis of the relation of copyright and work content in judicial verdicts of USA, UK and Canada

Directory of Open Access Journals (Sweden)

Mahmoud Sadeghi

2015-12-01

Full Text Available According to copyright system, the normal standard for protecting literary and artistic works is originality hence the international copyright treaties such as Berne convention, while emphasizing on originality are avoiding imposing other mandatory standards for protecting such works. However, these works are different forms of expression of various ideas and accordingly, comprise different contents. In some cases, the works contents are inconsistent with religious and national values and norms or society custom and laws. There are conflicts between protecting copyright as an intellectual property right and other moral, religious and legal priorities in the society. For resolving this conflict and answering the question whether work content will affect copyright protection, countries have adopted different approaches. From the perspective of the work content, this article through a comparative study of approaches and judicial verdicts of the USA, the UK and Canada, infers two general views: the work content does not have any impacts on copyright protection and the work content have impacts on copyright protection. In addition, some supporters of second view believe in content impact on existence of copyright in a work and other supporters believe that content has impacts on some enforcements of copyright.

The Arbitration Law of the Dubai International Finance Centre

OpenAIRE

Luttrell, S.R

2008-01-01

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

Law, Economic Growth and Human Development: Evidence from Africa

OpenAIRE

Asongu Simplice

2011-01-01

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

Jurisdiction in international law : United States and European perspectives

OpenAIRE

Ryngaert, Cedric

2007-01-01

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

Kalaban: Young drug users' engagements with law enforcement in the Philippines.

Science.gov (United States)

Lasco, Gideon

2018-02-01

A violent 'war on drugs' continues to be waged in the Philippines, even as the use of drugs - particular methamphetamine - continues to rise. Furnishing contextual background to the current situation, this paper explores how long-running law enforcement approaches in the Philippines might be viewed by those in their receiving end by presenting findings of an ethnography among marginalized young men. Semi-structured interviews and focus group discussions were conducted among 20 young men throughout a 12-month period of participant-observation from December 2011 to September 2013. Young people make use of various 'tactics' to keep using drugs and evade law enforcement, even as drug use itself is a tactic in their everyday lives. A sense of hypocrisy and injustice, borne of their own experiences, informs their view of law enforcers, whom they call kalaban (enemy). They feel they are being unfairly targeted, but in their view, this danger is just part of the perils of their everyday lives. Young men's resort to various tactics speaks of an agency that is often ignored in public discourses. Their 'lay assessments of risks' and experience-based perceptions of law enforcement raises questions about the efficacy of fear-based anti-drug campaigns. Overall, the study offers an ethnographic argument against the punitive methods being employed by the Philippines, and for measures that reframe the relationship between police and young drug users - from hostility to trust. Copyright © 2017 Elsevier B.V. All rights reserved.

Law Enforcement Strategies for Preventing Rail Trespassing Risk Factors.

Science.gov (United States)

2016-03-01

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

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.

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

Directory of Open Access Journals (Sweden)

Brîndușa Oana Vartolomei

2013-11-01

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

Schools and the Law: A Patron's Introspection

Science.gov (United States)

Colton, Paul

2009-01-01

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

Another paradox involving the second law of thermodynamics

International Nuclear Information System (INIS)

Sheehan, D.P.

1996-01-01

Recently a paradox has been posed that appears to challenge the second law of thermodynamics in a plasma blackbody environment [D. P. Sheehan, Phys. Plasmas 2, 1893 (1995)]. In this paper another, related paradox is posed in an unmagnetized Q plasma. Laboratory experiments simulating some necessary conditions for the paradoxical system corroborate theoretical predictions and fail to resolve the paradox in favor of the second law. copyright 1996 American Institute of Physics

Comparison between isotropic linear-elastic law and isotropic hyperelastic law in the finite element modeling of the brachial plexus.

Science.gov (United States)

Perruisseau-Carrier, A; Bahlouli, N; Bierry, G; Vernet, P; Facca, S; Liverneaux, P

2017-12-01

Augmented reality could help the identification of nerve structures in brachial plexus surgery. The goal of this study was to determine which law of mechanical behavior was more adapted by comparing the results of Hooke's isotropic linear elastic law to those of Ogden's isotropic hyperelastic law, applied to a biomechanical model of the brachial plexus. A model of finite elements was created using the ABAQUS ® from a 3D model of the brachial plexus acquired by segmentation and meshing of MRI images at 0°, 45° and 135° of shoulder abduction of a healthy subject. The offset between the reconstructed model and the deformed model was evaluated quantitatively by the Hausdorff distance and qualitatively by the identification of 3 anatomical landmarks. In every case the Hausdorff distance was shorter with Ogden's law compared to Hooke's law. On a qualitative aspect, the model deformed by Ogden's law followed the concavity of the reconstructed model whereas the model deformed by Hooke's law remained convex. In conclusion, the results of this study demonstrate that the behavior of Ogden's isotropic hyperelastic mechanical model was more adapted to the modeling of the deformations of the brachial plexus. Copyright © 2017 Elsevier Masson SAS. All rights reserved.

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law; Verfassungs- und unionsrechtliche Probleme des EEG 2014

Energy Technology Data Exchange (ETDEWEB)

Ekardt, Felix [Forschungsstelle Nachhaltigkeit und Klimapolitik, Leipzig (Germany); Rostock Univ. (Germany). Oeffentliches Recht und Rechtsphilosophie

2014-08-15

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

The 1991 law - current situation in France

International Nuclear Information System (INIS)

Camarcat, N.; Bernard, P.; Sicard, B.Y.

1999-01-01

A wide variety of high-level and long-lived radionuclides with lifetimes extending over hundreds or thousands of years are formed in the fuel of nuclear power reactors. In order to compile substantiated scientific knowledge and to provide a decisional basis for dealing with these radionuclides, the French law enacted on December 31, 1991, stipulated a fifteen-year R and D program on high-level and long-lived radioactive waste management, covering three major areas of research: (1) Investigate separation and transmutation options for the long-lived radionuclides contained in high-level waste. (2) Examine possibilities for reversible or irreversible disposal in deep geological formations, notably through the construction of underground laboratories. (3) Investigate high-level waste conditioning and long-term interim storage processes. This approach is intended to provide a wide range of scientific and technical solutions that may be combined into open and flexible strategies for the back end of the fuel cycle. The R and D work is to be progressively consolidated through successive steps during which its scientific, technical and industrial feasibility will be assessed. The French government ministries responsible for the program designated the ANDRA for the leading role in Area 2, and the CEA for Areas 1 and 3. (J.P.N.)

New Technologies, New Problems, New Laws.

Science.gov (United States)

Recupero, Patricia R

2016-09-01

Forensic psychiatrists in the 21st century can expect to encounter technology-related social problems for which existing legal remedies are limited. In addition to the inadequate protection of adolescents using social media as outlined by Costello et al., current laws are often poorly suited to remedy problems such as cyberharassment, sexting among minors, and the publication of threatening or harmful communications online. Throughout history, technological developments have often preceded the introduction of new laws or the careful revision of existing laws. This pattern is evident in many of the newer social problems that involve technology, including cyberbullying, online impersonation, and revenge porn. As specialists working at the intersection of human behavior and the law, forensic psychiatrists are uniquely situated to help legal professionals and others understand the impact of internet-related problematic behaviors on victims and, perhaps, to assist in the development of new legal remedies that are better tailored to our increasingly digital society. © 2016 American Academy of Psychiatry and the Law.

The Persistence of Prior Concepts about Electric Potential, Current Intensity and Ohm’s Law in Students of Engineering

Directory of Open Access Journals (Sweden)

María Cristina Periago

2005-11-01

Full Text Available The aim of this research was to evaluate and analyze second-year industrial-engineering and chemical-engineering students’ prior knowledge of conceptual aspects of circuit theory. Specifically, we have focused on the basic concepts of electric potential and current intensity and on the fundamental relationship between these as expressed by Ohm’s Law. In order to find out what the students’ prior concepts were, we applied a survey containing nine questions dealing with the most basic concepts of circuit theory. Let us emphasize that there was little information available about the prior concepts of the population type (university students investigated in this research.

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

Science.gov (United States)

Bätza, Hans-Joachim; Mettenleiter, Thomas

2013-01-01

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

De Facto Regimes in International Law

Directory of Open Access Journals (Sweden)

Jonte van Essen

2012-02-01

Full Text Available The ambiguous position of de facto regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which de facto regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the study into this problem and possible solutions is of great significance. The 2011 developments in Northern Africa underline the need of contemporary research into this area. This essay aims to clarify the position of de facto regimes in international law and the influence on their status by actions of international actors. The author first argues that de facto regimes have rights and obligations under international law, which provide them with (some form of international legal personality. He then pleads for a reconsideration of the contemporary legal treatment of these regimes. The author argues against the current system of government recognition and proposes a system that better addresses the needs of both de facto regimes and the international community. 

Limited and unlimited liability in the German Atomic Energy Law

International Nuclear Information System (INIS)

Pelzer, N.

1982-01-01

The liability of operators of nuclear installations in the FRG is limited under current law to the sum of one thousand million DM (section 31 of the Atomic Energy law). Since about the autumn of 1979, the Federal Ministry of the Interior is making inquiries into the necessity and appropriateness of abandoning the provision on liability limitations, in order to improve the victims compensation. The legal problems involved in this decision are presented by the author, trying to answer the question of whether the current system of liability limitations should be maintained or abandoned by discussing this issue from the point of view of the legal functions ''justice'' and ''expedience'' of this provision. The manifold international interlacement of the atomic energy law does not allow this study to be restricted to the law of the FRG. A brief review of the development and current state of the international nuclear liability law is the basis of this study into the problems of a possible modification of the German nuclear liability provisions. The study is carried out with the purpose of elaborating model solutions. (orig./HP) [de

Copyright: A Survival Guide

OpenAIRE

Hughes, Katie

2017-01-01

Presentation for HASS PhD students given on 24th October 2017. The presentation provides an overview about copyright, Fair Dealing, and how to seek permission for Third Party copyrighted material. The presentation does not include legal advice.

Who controls the uses of organs after death? Law in the books, law in practice and the view of the people.

Science.gov (United States)

Naffine, Ngaire; Richards, Bernadette; de Lacey, Sheryl; Braunack-Mayer, Annette; Rogers, Wendy

2012-12-01

The conventional wisdom is that we are free to dispose of our organs at death and that they will be employed according to our wishes. However, this reflects neither the formal law nor medical practice. This article explores the theory underlying the principle of self-determination after death. It presents an overview of Australian law and the way that the law is interpreted in clinical practice. It then presents the results of a community survey on organ disposition, and identifies a gap between community expectations and the current operation of Australian law. It concludes with some specific recommendations for development of the law to align it more closely with contemporary community views.

Does proton decay follow the exponential law

International Nuclear Information System (INIS)

Sanchez-Gomez, J.L.; Alvarez-Estrada, R.F.; Fernandez, L.A.

1984-01-01

In this paper, we discuss the exponential law for proton decay. By using a simple model based upon SU(5)GUT and the current theories of hadron structure, we explicitely show that the corrections to the Wigner-Weisskopf approximation are quite negligible for present day protons, so that their eventual decay should follow the exponential law. Previous works are critically analyzed. (orig.)

An Overview of Multimedia and the Law.

Science.gov (United States)

Boelzner, David E.

2000-01-01

Reviews the areas of intellectual property law, including patent, copyright, and trademark, and discusses how multimedia raises legal issues in each area. Discusses trade secrets, issues raised by online technology, and issues for licensing and developing multimedia works. (Author/LRW)

COMMERCIAL SURROGACY: WHAT ROLE FOR LAW IN AUSTRALIA?

Science.gov (United States)

Sifris, Ronli; Ludlow, Karinne; Sifris, Adiva

2015-12-01

This editorial begins by illuminating current conversations regarding the regulation of commercial surrogacy in Australia. It defines "commercial surrogacy" and explains the interaction between changes in social attitudes and changes to the law before setting out the current Australian law and practice in this area. An examination of current domestic law and practice reveals that surrogacy legislation in Australia is mired in inconsistencies and a lack of uniformity but that the one key common element is the prohibition of commercial surrogacy. The inability of couples to access commercial surrogacy within Australia has led to offshore reproductive tourism and unpredictable, contradictory decision-making as the Family Court attempts to apply legislation which was never intended to apply in this context. The editorial then turns to consider the international arena, discussing the approach of the Hague Conference on Private International Law before delving into a human rights analysis of commercial surrogacy arrangements. The adoption of a rights-based approach requires an analysis of this vexed issue from the perspective of the child, surrogate and intending parents. While questions surrounding the human rights implications of legalising commercial surrogacy continue to be the subject of passionate debate, the authors believe that the human rights of all parties are best protected through appropriate regulation rather than absolute prohibition.

75 FR 67777 - Copyright Office; Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972

Science.gov (United States)

2010-11-03

... (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a..., spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual... general, Federal law is better defined, both as to the rights and the exceptions, and more consistent than...

State laws restricting driver use of mobile communications devices distracted-driving provisions, 1992-2010.

Science.gov (United States)

Ibrahim, Jennifer K; Anderson, Evan D; Burris, Scott C; Wagenaar, Alexander C

2011-06-01

State laws limiting the use of mobile communications devices (MCDs) by drivers are being enacted at an accelerating pace. Public health law research is needed to test various legislative models and guide future legal innovation. To define the current state of the law, facilitate new multi-state evaluations, and demonstrate the utility of systematic, scientific legal research methods to improve public health services research. Westlaw and Lexis-Nexis were used to create a 50-state, open-source data set of laws restricting the use of any form of MCD while operating a motor vehicle that were in effect between January 1, 1992, and November 1, 2010. Using an iterative process, the search protocol included the following terms: cellphone, cell phone, cellular phone, wireless telephone, mobile telephone, text, hands-free, cell! and text! The text and citations of each law were collected and coded across 22 variables, and a protocol and code book were developed to facilitate future public use of the data set. Thirty-nine states and the District of Columbia have at least one form of restriction on the use of MCDs in effect. The laws vary in the types of communication activities and categories of driver regulated, as well as enforcement mechanisms and punishments. No state completely bans use of MCDs by all drivers. State distracted-driving policy is diverging from evidence on the risks of MCD use by drivers. An updatable data set of laws is now available to researchers conducting multistate evaluations of the impact of laws regulating MCDs by drivers. If this data set is shown to be useful for this public health problem, similar rigorously developed and regularly updated data sets might be developed for other public health issues that are subject to legislative interventions. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

The Copyright Royalty Tribunal.

Science.gov (United States)

Brylawski, E. Fulton

1977-01-01

The regulatory and adjudicative structure of the newly-created Copyright Royalty Tribunal is described and guidelines for its functioning are examined. Problems in data reporting and in the determination of ownership of copyrights of works used by compulsory licensees are among the issues addressed. (LBH)

Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

International Nuclear Information System (INIS)

Schneider, Matthias Werner

2015-01-01

The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

Justice foundations for the Comprehensive Law Movement.

Science.gov (United States)

Dewhurst, Dale

2010-01-01

Authors examining the developing dispute resolution alternatives to the adversarial system have identified nine converging "vectors" or alternatives in what has been termed the Comprehensive Law Movement. These authors have sought to understand how the developing vectors can remain separate and vibrant movements while sharing common ground. Some analyze these developments as being within law and legal practice, others see them as alternative approaches to law, and still others take a combined approach. It will be impossible to understand how these vectors have meaningful differences from law and legal practice if the search is limited to looking within law and legal practice. It will be impossible to understand how these vectors have meaningful commonalities with law and legal practice if the search is limited to looking external to law and legal practice. Instead of comparing the vectors with the adversarial system, higher order criteria are required. What is needed is a comprehensive and internally consistent super-system of norms; one that can be used to evaluate the adversarial system and the evolving vectors on an equal footing. An Aristotelian natural law virtue theory of justice can: (a) provide a functional guiding definition of justice; (b) serve as a comprehensive and internally consistent super-system of norms; and (c) provide the theoretical and evaluative foundation required to clarify the relationships among the adversarial system and the developing vectors. Finally, it will become clear why the Comprehensive Law Movement might be more appropriately conceptualized as the Comprehensive Justice Movement. Copyright © 2010 Elsevier Ltd. All rights reserved.

Real charge according to the current Serbian Draft Law on property rights and other real rights

Directory of Open Access Journals (Sweden)

Vujović Dragana

2014-01-01

Full Text Available Within reforms of loan security instruments law, Serbian Draft Law on Property Rights and Other Real Rights demonstrates interest for introducing new forms of non-accessory security rights. Real charge is a new institute in our legislation. It is a kind of real right on immovable thing that is regulated after the model of the German and Swiss laws, and which is in practice mostly used to secure a receivable, so that it is, to an extent, a personal hypothec. The most important reason for introduction of this institute into the Law was to allow for a security right on immovables that is more flexible than the accessorial hypothec, thus creating the environment conducive for the development of the secondary market of real loans, facilitating refinancing, and allowing for the extension of the offer of bank products with the reduction of transaction costs.

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....

Legal Realism in Action: Indirect Copyright Liability's Continuing Tort Framework and Sony’s de facto Demise

OpenAIRE

Menell, Peter S.; Nimmer, David

2007-01-01

The Supreme Court’s indirect copyright liability standard, derived in Sony Corporation of America v. Universal City Studios from patent law and reasserted in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd, is widely seen as creating a safe harbor for distributors of dual use technologies. Yet, when one looks to cases decided since Sony, legislative enactments, and the decisions of technology companies in the marketplace, a very different reality emerges. This article explores and explains ...

The Copyright Agency Limited.

Science.gov (United States)

Morgan, Caroline

1993-01-01

The evolution and functions of Australia's Copyright Agency Limited are described. The agency is a copyright collecting organization which collectively administers the rights of authors and publishers whose works are copied in education, and enters into blanket agreements with educational authorities outside the existing statutory license. Some…

Adiabatic theory of Wannier threshold laws and ionization cross sections

International Nuclear Information System (INIS)

Macek, J.H.; Ovchinnikov, S.Y.

1995-01-01

The Wannier threshold law for three-particle fragmentation is reviewed. By integrating the Schroedinger equation along a path where the reaction coordinate R is complex, anharmonic corrections to the simple power law are obtained. These corrections are found to be non-analytic in the energy E, in contrast to the expected analytic dependence upon E. copyright 1995 American Institute of Physics

Copyright, Property and the Film Collector

Science.gov (United States)

Nevins, Francis M., Jr.

1975-01-01

Legal issues surrounding the collecting of movies are analyzed with the conclusion that neither law nor public policy supports a cause for action against the ultimate consumer of film prints and that it is not in a studio's economic interest to bring such actions against collectors. (JT)

A baseline understanding of state laws governing e-cigarettes.

Science.gov (United States)

Gourdet, C K; Chriqui, J F; Chaloupka, F J

2014-07-01

Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Constitutional law and international law at the turn of the century

Directory of Open Access Journals (Sweden)

JA Frowein

1998-11-01

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

De Facto Regimes in International Law

OpenAIRE

Essen, Jonte van

2012-01-01

The ambiguous position of de facto regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which de facto regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the ...

Psychoanalysis and the law.

Science.gov (United States)

Eagle, Morris N

The paper discusses Freud's view of the law as the implementation of collective violence on the individual violator. I focus on the implications of the link between the superego (as the source of moral judgment) and the aggressive drive and suggest that we need to be ever vigilant regarding the danger of employing the law as a disguised means of taking pleasure in collective violence. The paper also discusses Freud's conception of personal responsibility, according to which we are responsible for all our behavior, including unconsciously motivated behavior (such as slips and dreams). However, the kind of responsibility Freud has in mind is not the moral responsibility of blameworthiness or praiseworthiness, but rather responsibility in the sense that, whether or not acknowledged, all our behavior reflects our personal desires and motives. Copyright © 2016 Elsevier Ltd. All rights reserved.

Handbook on nuclear law

International Nuclear Information System (INIS)

Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

2003-07-01

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

Handbook on nuclear law

International Nuclear Information System (INIS)

Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

2006-06-01

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

Handbook on nuclear law

International Nuclear Information System (INIS)

Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

2006-02-01

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

Copyright protection in online media

OpenAIRE

Trinh, Thuy Duong

2013-01-01

This diploma thesis deals with protection of copyright within online media, with a focus on personal blogs. The author presents definition of basic terms of copyright, especially definition of usage of the work and description of way of use, and deals with the issue of liability for copyright infringement and identification of persons who carry the responsibility. This thesis is also dedicated to copyrights itself and its instruments of enforcement. Increased focus is put on available jurisdi...

The interface of the civil and criminal law of suicide at common law (1194-1845).

Science.gov (United States)

Mendelson, Danuta; Freckelton, Ian

2013-01-01

Nowadays, suicide is considered essentially a private act, although what constitutes suicide for epidemiological and even clinical purposes in not wholly resolved. Historically, however, at common law, the act of self-killing was a felony with significant religious and legal consequences that impacted upon the deceased person as well as upon his or her whole family. This article identifies the influence of Christian theology, legal theory, and social and medical developments upon attitudes to the felony of self-murder and its definition. It focuses upon the start of more psychologically informed attitudes manifested in landmark court judgments involving exclusion clauses in English mid-nineteenth century insurance contracts. The article illustrates that the law in respect of socially controversial matters does not necessarily develops in a linear progression, nor does it accurately reflect public sentiments. More specifically, the article describes an ongoing definitional conundrum with suicide--whether it should be designated as committed by persons of significantly impaired mental state. The authors observe that in spite of reform to the criminal law of suicide, the civil law relating to suicide has continued to be characterised by ambivalence, ambiguity and significant vestiges of counter-therapeutic moralising. Copyright © 2013 Elsevier Ltd. All rights reserved.

Propiedad intelectual y conocimiento público: Derechos del investigador y del ciudadano sobre el copyright

OpenAIRE

Feltrero Oreja, Roberto

2003-01-01

Intellectual property is meant to be the key concept to drive the development of information society in the 21st century. The ethical, moral and social principles underlying both early design of Internet architecture and intellectual property laws provide a framework to claim for the publicity of information as the main requirement for cultural, technical and scientific knowledge development. However, new information technologies allow copyright owners to extend their control of both legitima...

Environmental law

International Nuclear Information System (INIS)

Bender, B.; Sparwasser, R.

1988-01-01

Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

Nuclear energy as reflected in Constitutional Law

International Nuclear Information System (INIS)

Ossenbuehl, F.

1981-01-01

The author analyses the Federal Constitutional Court's decision on the Kalkar and Muehlheim-Kaerlich reactors with regard to its content relating to the Atomic Energy Law. He examines the Atomic Energy Law within the system in which power is shared: The legal provisio of the Atomic Energy Law, the application of undetermined legal terms, the involvement of extra-legislative bodies, the statements made on residual risks. He discusses the statutory obligation of the legislator to protect, and the protection of basic rights by means of participation in procedures, the effecting of basic rights protection by means of participation in procedures, the translation into action of basic rights protection by means of participation in procedures and the interpretation of the elementary (simple) Atomic Law by the Federal Constitutional Court with regard to the interpreation and application of the Atomic Energy Law in conformity with the Basic Law. Finally, he gives his opinion on the practical consequences the decision will have, and on its binding effects for current and future licensing procedures. (HSCH) [de

The Evolution of Ghana’s Water Law and Policy

NARCIS (Netherlands)

Agyenim, J.B.; Gupta, J.

2010-01-01

Water law in most developing countries is shaped by a combination of global and local influences that have taken place throughout the centuries. This article examines the evolution of water law in Ghana from pre-colonial through colonial to current times. It discusses the issues of legal pluralism

Analysis of Biot-Savart’s law in comparison with Ampère’s force between current elements

Directory of Open Access Journals (Sweden)

Hugo Shigueo Tanaka dos Santos

2017-12-01

Full Text Available Nowadays, we use Biot-Savart’s Law and Grassmann’s force to study the magnetic fields effects. We can observe that this force apparently do not always satisfy the principle of action and reaction. In contrast, Ampère’s force always satisfies this principle explicitly and always along the straight line connecting the two currents elements. The present work presents a historic analysis of the development of these two forces, which have been developed based on interpretations of the Ørsted’s experiment. We also compare these two forces in order to verify if both have the same result. We show that the Grassmann’s expression, in fact, does not satisfy to the principle of action and reaction. Ampère’s force not only follows the principle of action and reaction in the strongest way, but it also explains the phenomena based action at a distance, which is easier to be observed and has many other powerful results, not only in the electromagnetism. In order to compare these two approaches, we calculate the force that an infinite rectilinear wire exerts on a loop of conductive material, both with current.

A comparative policy analysis of seat belt laws : final report.

Science.gov (United States)

2014-06-24

This analysis examined data from a variety of sources to estimate the benefit of enhancing Iowas current law to require all : passengers to use seat belts. In addition to assessing Iowans opinions about changing the law, a literature review, a ...

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

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

A Study on the Future Issues Regarding the Small Home Appliance Recycling Law -Based on Comparison with the Other Recycling-Related Laws-

OpenAIRE

小林, 寛

2014-01-01

The Small Home Appliance Recycling Law was enacted in August 2012 and took effect in April 2013 for the purpose of collecting and recycling valuable metals included in used small home appliances such as mobile phones. This Law serves as a promotion scheme, which encourages parties concerned to join the system on a voluntary basis and implements recycling based on the current situation in each region under the cooperation among parties, unlike the Home Appliance Recycling Law enacted in 1998 t...

The Constructal Law of ``Designedness'' in Nature

Science.gov (United States)

Bejan, Adrian

2008-08-01

The laws of classical thermodynamics refer to systems as black boxes, without configuration. Nature is different: it has "designedness" everywhere and at all scales (pattern, configuration, rhythm). The generation of configuration is a phenomenon of all physics, and it is covered by the constructal law: for a finite-size flow system to persist in time (to live) it must evolve such that it provides easier access to its currents. The constructal law is predictive across the board, in inanimate, animate and human flow systems. Examples are the scaling laws of all river basins, the speeds and frequencies of all kinds of animal locomotion, and the zipfian distribution of hierarchical city sizes and numbers on the globe. The constructal law accounts for the numerous and often contradictory ad-hoc statements of self-optimization, e.g. minimization and maximization of entropy generation, minimization and maximization of flow resistance, minimization of time and cost, maximization of utility, and the axiom of uniform stresses in animal bones and botanical trees.

An exponential scaling law for the strain dependence of the Nb3Sn critical current density

International Nuclear Information System (INIS)

Bordini, B; Alknes, P; Bottura, L; Rossi, L; Valentinis, D

2013-01-01

The critical current density of the Nb 3 Sn superconductor is strongly dependent on the strain applied to the material. In order to investigate this dependence, it is a common practice to measure the critical current of Nb 3 Sn strands for different values of applied axial strain. In the literature, several models have been proposed to describe these experimental data in the reversible strain region. All these models are capable of fitting the measurement results in the strain region where data are collected, but tend to predict unphysical trends outside the range of data, and especially for large strain values. In this paper we present a model of a new strain function, together with the results obtained by applying the new scaling law on relevant datasets. The data analyzed consisted of the critical current measurements at 4.2 K that were carried out under applied axial strain at Durham University and the University of Geneva on different strand types. With respect to the previous models proposed, the new scaling function does not present problems at large strain values, has a lower number of fitting parameters (only two instead of three or four), and is very stable, so that, starting from few experimental points, it can estimate quite accurately the strand behavior in a strain region where there are no data. A relationship is shown between the proposed strain function and the elastic strain energy, and an analogy is drawn with the exponential form of the McMillan equation for the critical temperature. (paper)

Foreign Nationals and Data Protection Law: A Transatlantic Analysis

DEFF Research Database (Denmark)

Kuner, Christopher Barth

2014-01-01

The application of data protection and privacy law based on nationality is currently a matter of great controversy. This contribution examines the topic in a comparative sense based on the law of the EU and the US. It finds a number of difference, but also similarities, between the approaches used...

Technological measures for controlling the use of copyrighted works of authorship in the information society

Directory of Open Access Journals (Sweden)

Spasić Vidoje

2016-01-01

Full Text Available Information technology has given rise to the problem of controlling the use of copyrighted works of authorship from their unauthorized use. In this context, one of the effective solutions is the application of technological protection measures, which are aimed at a more efficient application of the protection measures prescribed by the law. Technological protection measures imply the use of any technology, device or component which may be aimed at preventing or restricting an unauthorized use of a protected work of authorship, which has not been approved by the author or holder of some related right. Generally, all these measures may be classified into three basic groups: technological measures aimed at controlling access, technological measured aimed at controlling exploitation, and technological measures aimed at protecting the integrity of the work of authorship. Considering their technical characteristics and mode of application, they may be hardware-based measures, software-based measures, or a combination thereof. Modern technology has enabled the development of digital systems which entail a controlled use of copyrighted works and facilitate obtaining licences for their exploitation. They are commonly known as digital rights management (DRM. The DRM system should provide for a compromise between safeguarding the intellectual property rights of the copyright holder, the end user privacy, and system costs. The envisaged goals are achieved by employing various cryptographic measures. The process of developing technological protection measures is accompanied by concurrent attempts to circumvent the application of these measures. Thus, the effectiveness of these measures primarily depends on their legal protection, which has been recognized by a vast majority of legal systems, we now know the most modern legal system. However, the normative solutions are not uniform. The observed differences actually reflect problems in finding adequate forms

Problem signs in law school: Fostering attorney well-being early in professional training.

Science.gov (United States)

Reed, Krystia; Bornstein, Brian H; Jeon, Andrew B; Wylie, Lindsey E

2016-01-01

Attorneys suffer from high rates of stress, alcoholism, and mental health problems that are costly for the legal system and impair their abilities to serve their clients. There is some indication that these problems begin in law school. The present study assessed a cohort of law students at an American law school for their reported levels of stress, depression, anxiety, substance use, and overall adjustment/coping. Findings indicate that law students suffer from high levels of stress, anxiety, depression, and alcohol use, and that these problem behaviors fluctuate throughout the course of law school. We discuss the implications for law student/lawyer well-being and legal education. Copyright © 2016 Elsevier Ltd. All rights reserved.

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...

Health Law as Social Justice.

Science.gov (United States)

Wiley, Lindsay F

2014-01-01

Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

Law Studies

Directory of Open Access Journals (Sweden)

G. P. Tolstopiatenko

2014-01-01

Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

77 FR 71028 - Notice of Meeting of Advisory Committee on International Law

Science.gov (United States)

2012-11-28

... Law A meeting of the Advisory Committee on International Law will take place on Friday December 14, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Frederick... current international legal topics, including corporate social responsibility, principles of self-defense...

Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

Science.gov (United States)

Soponyono, Eko; Deva Bernadhi, Brav

2017-04-01

Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

Law enforcement and the long gun: do we need a new face in the fight?

Science.gov (United States)

Cannon, Mark

2013-11-01

The threat of rifles in the hands of criminals is now well recognized within law enforcement. Current emergency response systems are not equipped to operate in this combat-like environment. Growing statistics indicate that of the peace officers that were killed in the line of duty in the United States nearly half died by gunfire evidence. As Emergency Medical Services ("EMS") training and standards evolve, the lessons learned from the Tactical Combat Casualty Care doctrine should be incorporated to improve the safety and outcomes of injured law enforcement officers. Statistics show that deaths by gunfire have the highest average percentage of all officer deaths. Although new weapons, armor, and tactics are continually evolving to meet the challenge of officer safety, in the past decade, little has changed in how our EMS system responds to a critically wounded officer. Combat data from the US military leads us to believe that to save a wounded officer, emergency care must start immediately, regardless of the ongoing gun battle. It is time for the emergency medical system to evolve to meet the critical needs of today's law enforcement environment. Copyright © 2013 Elsevier Inc. All rights reserved.

ExtLaw_H18: Extinction law code

Science.gov (United States)

Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.

2018-03-01

ExtLaw_H18 generates the extinction law between 0.8 - 2.2 microns. The law is derived using the Westerlund 1 (Wd1) main sequence (A_Ks 0.6 mag) and Arches cluster field Red Clump at the Galactic Center (A_Ks 2.7 mag). To derive the law a Wd1 cluster age of 5 Myr is assumed, though changing the cluster age between 4 Myr - 7 Myr has no effect on the law. This extinction law can be applied to highly reddened stellar populations that have similar foreground material as Wd1 and the Arches RC, namely dust from the spiral arms of the Milky Way in the Galactic Plane.

Plasma self-oscillations in the temperature-limited current regime of a hot cathode discharge

International Nuclear Information System (INIS)

Arnas Capeau, C.; Bachet, G.; Doveil, F.

1995-01-01

Experimental observations of self-oscillations occurring in the so-called ''temperature-limited current regime'' of a hot cathode discharge are presented. Their frequency and amplitude are strongly dependent on the discharge parameters. The scaling laws of their variation and an example of a period-doubling route to chaos are reported. A two probe experiment showing that the plasma behavior is closely related to the hot cathode sheath stability is also reported. copyright 1995 American Institute of Physics

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

International Nuclear Information System (INIS)

Rossnagel, A.

1993-01-01

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

limits of copyright protection in contemporary nigeria

African Journals Online (AJOL)

Mofasony

2009-10-05

Oct 5, 2009 ... modes of protection of intellectual property, and has left the law completely in a .... “Nigerian Computer Software Protection in Nigeria" [www ...... H. Ryder & Smith, “Public key Encryptocraph Standards: R.S.A. Data Security”,.

Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

DEFF Research Database (Denmark)

Clausen, Nis Jul

2011-01-01

The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

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.

UNCITRAL: Changes to existing law

OpenAIRE

Andersson, Joakim

2008-01-01

The UNCITRAL Convention on Contracts for the International Carriage of Goods [wholly or partly] by Sea has an ambition of replacing current maritime regimes and expands the application of the Convention to include also multimodal transport. This thesis questions what changes to existing law, in certain areas, the new Convention will bring compared to the current regimes. In the initial part, the thesis provides for a brief background and history of international maritime regulations and focus...

[Compliance with antismoking laws in official institutions].

Science.gov (United States)

Cordovilla, R; Barrueco, M; González Ruiz, J M; Hernández, M A; de Castro, J; Gómez, F

1997-01-01

The prevention of nicotine addiction involves a wide range of measures, including writing laws to preserve public health by protecting nonsmokers from smoke and discouraging smokers from consumption. Also important are campaigns to educate both parties (smokers and nonsmokers) about the negative effects of tobacco. The main antismoking law in Spain is the Health and Consumer Ministry's Royal Decree 192/1988 limiting the sale and use of tobacco with the aim of protecting public health. Other regulations have since been enacted by public administrations to complement that law. Research finding published in recent years have been the basis for major legal changes leading in two directions; toward standardizing laws existing in different countries and toward increasing restrictions on the advertising and sale of tobacco. Various scientific and social groups have demanded that current laws be made stricter. Little has been done, however, to assess the degree of vigilance and compliance, and consequently the efficacy, of current legislation. The aim of this study was to determine the level of compliance with the law in governmental institutions in Salamanca. We visited 30 centers and saw that while notices prohibiting smoking were visible in 80%, the number of smokers was high: 43% among workers (none of whom was in educational or medical centers) and 37% among the public. No posters warning of the dangers of tobacco were seen in any of the centers visited. It appears necessary to further restrict the sale and use of tobacco in public places, to enforce compliance with existing regulations and to increase the amount of information on the toxic effects of tobacco in order to gain the cooperation of both smokers and nonsmokers toward achieving smoke-free environments.

Does knowledge of teen driving risks and awareness of current law translate into support for stronger GDL provisions? Lessons learned from one state.

Science.gov (United States)

Campbell, Brendan T; Chaudhary, Neil K; Saleheen, Hassan; Borrup, Kevin; Lapidus, Garry

2009-08-01

Many states are considering strengthening their graduated driving licensing (GDL) systems for teenage drivers but most do not know the level of public support for proposed upgrades. This study provides a method for states to identify specific demographic groups that may differ with regard to their awareness of teen driving risks, knowledge of current GDL law, and support for GDL upgrades. A 28-item questionnaire was administered to Connecticut adults by phone survey during January 2008. We collected demographic information and whether respondents understood driving risks, were aware of the current GDL system, and whether they would support GDL upgrades. The state's motor vehicle crash file (1999-2006) was used to calculate motor vehicle crash rate among 16- and 17-year-old drivers by town and correlate that with support for GDL upgrades. Eight hundred seven people were interviewed. More women than men (92% vs. 86%, p towns (38%). Two thirds supported a passenger restriction upgrade with no differences based upon sex or geographic location. There was less support for an increased penalties in Fairfield County when compared to all other counties (55% vs. 63%, p County versus all other counties (70% vs. 58%, p < .05). Parents of Connecticut teens were more knowledgeable of current law but less supportive of GDL upgrades compared to other adults. Women were more apt to favor GDL upgrades than men. This study identifies subgroups that can be targeted for prevention activities and illustrates a useful method to assess public support for GDL upgrades.

Existence and uniqueness in anisotropic conductivity reconstruction with Faraday's law

KAUST Repository

Lee, Min-Gi

2015-03-18

We show that three sets of internal current densities are the right amount of data that give the existence and the uniqueness at the same time in reconstructing an anisotropic conductivity in two space dimensions. The curl free equation of Faraday’s law is taken instead of the usual divergence free equation of the electrical impedance to- mography. Boundary conditions related to given current densities are introduced which complete a well determined problem for conductivity reconstruction together with Fara- day’s law.

The Social Life of Abortion Law: on Personal and Political Pedagogy.

Science.gov (United States)

Priaulx, Nicky

2017-02-01

The current contribution seeks to start a conversation around our pedagogical practice in respect of abortion law. Centralising the traditional portrayal of abortion law within the medical law curriculum, this essay highlights the privileging of a very particular storyline about abortion. Exploring the terrain in evaluating medical law methodologies, this essay highlights the illusion of 'balance', 'objectivity', and 'neutrality' that emerges from current pedagogy in light of how abortion law is framed and in particular what is excluded: women's own voices. Focusing on a number of 'exclusions' and 'silences' and noting how closely these mirror dominant discourse in the public sphere, this essay highlights the irony of a curriculum that reflects, rather than challenges, these discursive gaps. Arguing that the setting of a curriculum is inevitably political, ambitions for delivering a programme around abortion that is 'neutral', 'objective', or 'balanced' are dismissed. Instead, highlighting the problems of what is currently excluded, how materials are ordered, and the tacit hierarchies that lend legitimacy and authority to a particular way of 'knowing' abortion, this essay argues for a new curriculum and a new storyline-one which is supported by prior learning in feminist legal scholarship and a medical law curriculum in which the social, historical, geographical, and above all, personal is ever-present and central. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Ampère–Maxwell law for a conducting wire: a topological perspective

International Nuclear Information System (INIS)

Ferreira, J M; Anacleto, Joaquim

2013-01-01

The integral form of Ampère–Maxwell's law for an arbitrarily-shaped wire is recast from a topological perspective, eliminating the need to use conduction current and displacement current terms to determine the magnetic field circulation around an arbitrarily-shaped loop. A generalized flux of the electric field is defined, enabling Ampère–Maxwell's law for magnetic field circulation to be written in a form which parallels that in the absence of conduction current. It is hoped that this work has educational interest since it provides an example of how topology can simplify the formulation of physical laws. The ideas presented herein are primarily intended for undergraduate students of electromagnetism, but may also be of interest to graduate students and teachers. (paper)

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....

Constraints on the tensor-to-scalar ratio for non-power-law models

International Nuclear Information System (INIS)

Vázquez, J. Alberto; Bridges, M.; Ma, Yin-Zhe; Hobson, M.P.

2013-01-01

Recent cosmological observations hint at a deviation from the simple power-law form of the primordial spectrum of curvature perturbations. In this paper we show that in the presence of a tensor component, a turn-over in the initial spectrum is preferred by current observations, and hence non-power-law models ought to be considered. For instance, for a power-law parameterisation with both a tensor component and running parameter, current data show a preference for a negative running at more than 2.5σ C.L. As a consequence of this deviation from a power-law, constraints on the tensor-to-scalar ratio r are slightly broader. We also present constraints on the inflationary parameters for a model-independent reconstruction and the Lasenby and Doran (LD) model. In particular, the constraints on the tensor-to-scalar ratio from the LD model are: r LD = 0.11±0.024. In addition to current data, we show expected constraints from Planck-like and CMB-Pol sensitivity experiments by using Markov-Chain-Monte-Carlo sampling chains. For all the models, we have included the Bayesian Evidence to perform a model selection analysis. The Bayes factor, using current observations, shows a strong preference for the LD model over the standard power-law parameterisation, and provides an insight into the accuracy of differentiating models through future surveys

Do law students stand apart from other university students in their quest for mental health: A comparative study on wellbeing and associated behaviours in law and psychology students.

Science.gov (United States)

Skead, Natalie K; Rogers, Shane L

2015-01-01

We are not producing a product, but a well-balanced person.(1) It is well-documented that law students experience higher levels of psychological distress than members of the general population and university students in other professional disciplines. In 2014, we published our findings on an empirical study identifying the correlations between law student wellbeing and student behaviour both at and away from law school. The results of the study informed the development of an evidence-based 'behavioural toolkit' to assist law students and law schools in making informed choices and decisions that promote and even improve the mental health of students. The study we undertook was not, however, limited to law students. It extended to collecting quantitative data on psychological distress and associated behaviours in psychology students. This article reports on the comparative findings of the study and provides a comparative basis for understanding the contextual influences on the wellbeing of law students. Copyright © 2015 Elsevier Ltd. All rights reserved.

Energy conservation law for randomly fluctuating electromagnetic fields

International Nuclear Information System (INIS)

Gbur, G.; Wolf, E.; James, D.

1999-01-01

An energy conservation law is derived for electromagnetic fields generated by any random, statistically stationary, source distribution. It is shown to provide insight into the phenomenon of correlation-induced spectral changes. The results are illustrated by an example. copyright 1999 The American Physical Society

Civil law

NARCIS (Netherlands)

Hesselink, M.W.; Gibbons, M.T.

2014-01-01

The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

Baryon Wilson loop area law in QCD

International Nuclear Information System (INIS)

Cornwall, J.M.

1996-01-01

There is still confusion about the correct form of the area law for the baryonic Wilson loop (BWL) of QCD. Strong-coupling (i.e., finite lattice spacing in lattice gauge theory) approximations suggest the form exp[-KA Y ], where K is the q bar q string tension and A Y is the global minimum area, generically a three-bladed area with the blades joined along a Steiner line (Y configuration). However, the correct answer is exp[-(K/2)(A 12 +A 13 +A 23 )], where, e.g., A 12 is the minimal area between quark lines 1 and 2 (Δ configuration). This second answer was given long ago, based on certain approximations, and is also strongly favored in lattice computations. In the present work, we derive the Δ law from the usual vortex-monopole picture of confinement, and show that, in any case, because of the 1/2 in the Δ law, this law leads to a larger value for the BWL (smaller exponent) than does the Y law. We show that the three-bladed, strong-coupling surfaces, which are infinitesimally thick in the limit of zero lattice spacing, survive as surfaces to be used in the non-Abelian Stokes close-quote theorem for the BWL, which we derive, and lead via this Stokes close-quote theorem to the correct Δ law. Finally, we extend these considerations, including perturbative contributions, to gauge groups SU(N), with N>3. copyright 1996 The American Physical Society

The problem of the pillion rider: India's helmet law and New Delhi's exemption.

Science.gov (United States)

Swaroop, Mamta; Marie Siddiqui, Selma; Sagar, Sushma; Crandall, Marie L

2014-05-01

In India, motorized two-wheeler (MTW) road traffic accidents injure or kill 72,000 women annually. Before the Motor Vehicle Act of 1988, which required mandatory helmet use for MTW riders, a study found 0.6% of all MTW pillions (backseat passengers) were helmeted. Citing religious protests to the legislation, Delhi's high court exempted the city's 12 million women from the law. We hypothesize that currently male pillions use helmets more frequently than females, and that overall pillion helmet usage has increased over the last 20 y. Continuous video was recorded in half-hour blocks at four locations in Delhi on separate days, totaling 8 hours of high- and low-volume traffic. Videos were reviewed with at least two reviewers extracting the number of MTW pillions, as well as their gender, approximate age, and helmet usage. Of 4010 pillions identified, 63.8% were male, 32.4% female, and 3.3% children. Among males, there were significantly more helmeted pillions (88.4%, P < 0.001); among females, there were significantly more unhelmeted pillions (99.4%, P < 0.001). Among unhelmeted pillions, significantly more were female (81.4%) than male (P < 0.001). Current overall pillion helmet use is significantly higher than historical rate (P < 0.001). The significantly higher male pillion helmet usage compared with females indicates Delhi's helmet law is associated with increased compliance among those who fall under its jurisdiction. This augments the growing body of evidence that mandatory helmet laws are efficacious, thus repealing the exemption of women is an important step in increasing female pillion helmet usage. Copyright © 2014 Elsevier Inc. All rights reserved.

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.

Internationalization of law globalization, international law and complexity

CERN Document Server

Dias Varella, Marcelo

2014-01-01

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

On Faraday's law in the presence of extended conductors

Science.gov (United States)

Bilbao, Luis

2018-06-01

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

First law of entanglement rates from holography

Science.gov (United States)

O'Bannon, Andy; Probst, Jonas; Rodgers, Ronnie; Uhlemann, Christoph F.

2017-09-01

For a perturbation of the state of a conformal field theory (CFT), the response of the entanglement entropy is governed by the so-called "first law" of entanglement entropy, in which the change in entanglement entropy is proportional to the change in energy. Whether such a first law holds for other types of perturbations, such as a change to the CFT Lagrangian, remains an open question. We use holography to study the evolution in time t of entanglement entropy for a CFT driven by a t -linear source for a conserved U (1 ) current or marginal scalar operator. We find that although the usual first law of entanglement entropy may be violated, a first law for the rates of change of entanglement entropy and energy still holds. More generally, we prove that this first law for rates holds in holography for any asymptotically (d +1 )-dimensional anti-de Sitter metric perturbation whose t dependence first appears at order zd in the Fefferman-Graham expansion about the boundary at z =0 .

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

The venality of human body parts and products in French law and common law.

Science.gov (United States)

Haoulia, Naima

2012-03-01

The successive bioethics laws in France have constantly argued that the human body is not for sale and consecrated an absolute principle of free and anonymous donations, whether of semen, ova, blood, tissues or organs. Nonetheless, this position is not shared by all countries. These legal divergences upset today our moral principles and the development of these practices leads us to question the legal status of human biological material and its gradual commodification. This paper outlines the current law principles that protect people's interests in their bodies, excised body parts and tissues without conferring the rights of full legal ownership in French law and in Common law. Contrary to what many people believe, people do not legally 'own' their bodies, body parts or tissues. However, they do have some legal rights in relation to their bodies and excised body material. For lawyers, the exact relationship people have with their bodies has raised a host of complex questions and long debates about the status we should grant to human body parts. The significance of this issue is due to two reasons:first, because of the imperative protection we have to assure to human dignity and then, because of the economic value which is attached to human products.

Warranties of Albanian criminal law for children protection from “pornography”

Directory of Open Access Journals (Sweden)

Marilda Menkshi

2016-11-01

Full Text Available This paper will focus on the Analysis of current Albanian Criminal Law regarding criminal acts of pornography. This paper will analyze Albanian Criminal Law, under the perspective of the Convention on the Rights of the Child, to reflect the alignment of criminal law with Convention, as a minimum guarantee to be provided by the States. Another element of this paper is the approach of criminal law in the context of the defence of children from pornography with judicial practice. In this way the effectiveness of Criminal Law, on prevention and protection of society, family and especially children, from pornography will be identified. This paper considers the judicial practice in other European countries, but also from the United States and other countries on other continents, as a source of the definition of pornography and its application. This analysis is conducted through the prism of Criminological and criminal policy, to identify the current state of the Albanian legislation to protect minors from pornography, challenges and its prospects, both in legislative and practical terms.

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

Science.gov (United States)

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

2017-09-11

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

Cross-border reproductive care for law evasion: should physicians be allowed to help infertility patients evade the law of their own country?

Science.gov (United States)

Van Hoof, Wannes; Pennings, Guido; De Sutter, Petra

2016-07-01

There are fundamental differences between countries with regard to legislation on assisted reproduction. Many infertility patients are looking to evade the law of their own country and make use of reproductive services abroad. The role of the local physician in cross-border reproductive care for law evasion has been characterized as "channeling local patients to foreign medical establishments" and "against the spirit and essence of the law". The logical view is that by supporting CBRC for law evasion, physicians are essentially supporting immoral behavior. We will tackle this position on two levels. First, we will argue that governments should generally be tolerant toward people with different positions on assisted reproduction. Second, we will show that contributing to cross-border reproductive care for law evasion is not necessarily immoral, because the prima facie wrongness of complicity in law evasion can be outweighed by the fact that physicians should act in the best interest of the patient. Several countries have tried to prevent local physicians from helping patients to make use of reproductive services abroad, but they should rather leave it up to the individual physicians to decide whether or not to support a particular patient. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

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...

New law puts Bolivian biodiversity hotspot on road to deforestation.

Science.gov (United States)

Fernández-Llamazares, Álvaro; Helle, Joose; Eklund, Johanna; Balmford, Andrew; Mónica Moraes, R; Reyes-García, Victoria; Cabeza, Mar

2018-01-08

In August 2017, the Bolivian government passed a contentious law downgrading the legal protection of the Isiboro-Sécure National Park and Indigenous Territory (TIPNIS, for its Spanish acronym), the ancestral homeland of four lowland indigenous groups and one of Bolivia's most iconic protected areas. Due to its strategic position straddling the Andes and Amazonia, TIPNIS represents not only a key biodiversity hotspot in Bolivia, but one of the most biodiverse regions on Earth, harboring exceptional levels of endemism and globally important populations of megafauna, as well as protecting substantial topographic complexity likely to support both wildlife migration and species range shifts in response to climate change [1]. The new law, set to authorize the construction of a deeply-contested road through the core of the park, has reopened one of the highest profile socio-environmental conflicts in Latin America. Roads in tropical forests often lead to habitat conversion, and indeed within TIPNIS more than 58% of deforestation is concentrated 5 km or less away from existing roads. It, therefore, seems very likely that the planned road will magnify the current scale and pace of deforestation in TIPNIS, underscoring the urgent need for revisiting the road plans. Copyright © 2017 Elsevier Ltd. All rights reserved.

TOPICAL PROBLEMS OF PROVIDING LAWFULNESS IN PRELIMINARY INVESTIGATION BODIES

Directory of Open Access Journals (Sweden)

Elnara Islamova

2015-09-01

Full Text Available This article examines current problems of reviewing crime reports of private prosecution by the preliminary investigation bodies, and the role of the prosecutor in providing lawfulness in this process. Issues are formulated to be clarified by the prosecutor in exercising supervision over the enforcement of the law in the receipt, registration and reviewing of the crime reports of private prosecution.

The Radiometric Bode's law and Extrasolar Planets

National Research Council Canada - National Science Library

Lazio, T. J; Farrell, W. M; Dietrick, Jill; Greenlees, Elizabeth; Hogan, Emily; Jones, Christopher; Hennig, L. A

2004-01-01

We predict the radio flux densities of the extrasolar planets in the current census, making use of an empirical relation the radiometric Bode's law determined from the five "magnetic" planets in the solar system...

Rehabilitating the regulative use of reason: Kant on empirical and chemical laws.

Science.gov (United States)

McNulty, Michael Bennett

2015-12-01

In his Kritik der reinen Vernunft, Kant asserts that laws of nature "carry with them an expression of necessity" (A159/B198). There is, however, widespread interpretive disagreement regarding the nature and source of the necessity of empirical laws of natural sciences in Kant's system. It is especially unclear how chemistry-a science without a clear, straightforward connection to the a priori principles of the understanding-could contain such genuine, empirical laws. Existing accounts of the necessity of causal laws unfortunately fail to illuminate the possibility of non-physical laws. In this paper, I develop an alternative, 'ideational' account of natural laws, according to which ideas of reason necessitate the laws of some non-physical sciences. Chemical laws, for instance, are grounded on ideas of the elements, and the chemist aims to reduce her phenomena to these elements via experimentation. Although such ideas are beyond the possibility of experience, their postulation is necessary for the achievement of reason's theoretical ends: the unification and explanation of the cognitions of science. Copyright © 2015 Elsevier Ltd. All rights reserved.

Association between state school nutrition laws and subsequent child obesity.

Science.gov (United States)

Palakshappa, Deepak; Fiks, Alexander G; Faerber, Jennifer A; Feudtner, Chris

2016-09-01

Many states have enacted laws to improve school nutrition. We tested whether stronger state nutrition laws are associated with subsequently decreased obesity. We conducted a retrospective national multi-year panel data study (analyzed 2014-2016 at the Children's Hospital of Philadelphia). The predictors were 2010 laws regarding 9 nutrition categories from the Classification of Laws Associated with School Students, which grades the strength of state laws (none, weak, or strong). The outcome was weight status (healthy weight, overweight, or obese) in elementary, middle, and high school from the 2011/2012 National Survey of Children's Health. We tested the association between the strength of laws and weight using multinomial logistic regression. To further evaluate our main results, we conducted state-level longitudinal analyses testing the association between competitive food and beverage laws on the change in obesity from 2003-2011. In main analyses of 40,177 children ages 10-17years, we found strong state laws restricting the sale of competitive food and beverages in elementary school (OR: 0.68; 95% CI: 0.48, 0.96) and strong advertising laws across all grades (OR: 0.63; 95% CI: 0.46, 0.86) were associated with reduced odds of obesity. In longitudinal analyses, states with strong competitive food and beverage laws from 2003-2010 had small but significant decreases in obesity, compared to states with no laws. Although further research is needed to determine the causal effect of these laws, this study suggests that strong state laws limiting the sale and advertising of unhealthy foods and beverages in schools are associated with decreased obesity rates. Copyright © 2016 Elsevier Inc. All rights reserved.

Juridifying Corporate Social Responsibility Through Public Law

DEFF Research Database (Denmark)

Buhmann, Karin

2015-01-01

steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR......With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute...... that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR....

Health care law versus constitutional law.

Science.gov (United States)

Hall, Mark A

2013-04-01

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

Towards a functional model of mental disorders incorporating the laws of thermodynamics.

Science.gov (United States)

Murray, George C; McKenzie, Karen

2013-05-01

The current paper presents the hypothesis that the understanding of mental disorders can be advanced by incorporating the laws of thermodynamics, specifically relating to energy conservation and energy transfer. These ideas, along with the introduction of the notion that entropic activities are symptomatic of inefficient energy transfer or disorder, were used to propose a model of understanding mental ill health as resulting from the interaction of entropy, capacity and work (environmental demands). The model was applied to Attention Deficit Hyperactivity Disorder, and was shown to be compatible with current thinking about this condition, as well as emerging models of mental disorders as complex networks. A key implication of the proposed model is that it argues that all mental disorders require a systemic functional approach, with the advantage that it offers a number of routes into the assessment, formulation and treatment for mental health problems. Copyright © 2013 Elsevier Ltd. All rights reserved.

Copyright Protection for Computer Software: Is There a Need for More Protection?

Science.gov (United States)

Ku, Linlin

Because the computer industry's expansion has been much faster than has the development of laws protecting computer software and since the practice of software piracy seems to be alive and well, the issue of whether existing laws can provide effective protection for software needs further discussion. Three bodies of law have been used to protect…

Environmental law

International Nuclear Information System (INIS)

Anon.

1980-01-01

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

Effects of repealing the motorcycle helmet law in Michigan.

Science.gov (United States)

Hothem, Zachary; Simon, Robert; Barnes, Wesley; Mohammad, Azmath; Sevak, Shruti; Ziegler, Kathryn; Iacco, Anthony; Janczyk, Randy

2017-09-01

In 2012, Michigan repealed its universal helmet law. Our study assessed the clinical impact of this repeal. Our trauma database was queried retrospectively for 2 motorcycle riding seasons before and 3 seasons after repeal. On-scene death data was obtained from the Medical Examiner. Helmet use in hospitalized patients decreased after the helmet law repeal. Non-helmeted patients had a significant increased rate of head injury. Non-helmeted patients were more likely to die during hospitalization. While, helmet use and drugs/alcohol status significantly affected the risk for head injury, only drug/alcohol had a significant effect on overall mortality. Following helmet law repeal, helmet use has decreased. Helmet status and drug/alcohol use was found to significantly increase risk of head injury. Although overall mortality was only affected by drug/alcohol use, non-helmeted patients did have a higher inpatient mortality. These findings deserve furthermore study and may provide a basis for reinstating the universal helmet law. Copyright © 2016 Elsevier Inc. All rights reserved.

Law Enforcement and Emergency Medicine: An Ethical Analysis.

Science.gov (United States)

Baker, Eileen F; Moskop, John C; Geiderman, Joel M; Iserson, Kenneth V; Marco, Catherine A; Derse, Arthur R

2016-11-01

Emergency physicians frequently interact with law enforcement officers and patients in their custody. As always, the emergency physician's primary professional responsibility is to promote patient welfare, and his or her first duty is to the patient. Emergency physicians should treat criminals, suspects, and prisoners with the same respect and attention they afford other patients while ensuring the safety of staff, visitors, and other patients. Respect for patient privacy and protection of confidentiality are of paramount importance to the patient-physician relationship. Simultaneously, emergency physicians should attempt to accommodate law enforcement personnel in a professional manner, enlisting their aid when necessary. Often this relates to the emergency physician's socially imposed duties, governed by state laws, to report infectious diseases, suspicion of abuse or neglect, and threats of harm. It is the emergency physician's duty to maintain patient confidentiality while complying with Health Insurance Portability and Accountability Act regulations and state law. Copyright © 2016 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

The ethical plausibility of the 'Right To Try' laws.

Science.gov (United States)

Carrieri, D; Peccatori, F A; Boniolo, G

2018-02-01

'Right To Try' (RTT) laws originated in the USA to allow terminally ill patients to request access to early stage experimental medical products directly from the producer, removing the oversight and approval of the Food and Drug Administration. These laws have received significant media attention and almost equally unanimous criticism by the bioethics, clinical and scientific communities. They touch indeed on complex issues such as the conflict between individual and public interest, and the public understanding of medical research and its regulation. The increased awareness around RTT laws means that healthcare providers directly involved in the management of patients with life-threatening conditions such as cancer, infective, or neurologic conditions will deal more frequently with patients' requests of access to experimental medical products. This paper aims to assess the ethical plausibility of the RTT laws, and to suggest some possible ethical tools and considerations to address the main issues they touch. Copyright © 2017 Elsevier B.V. All rights reserved.

45 CFR 602.34 - Copyrights.

Science.gov (United States)

2010-10-01

... REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements § 602.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable... purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or...

Experiments with eddy currents: the eddy current brake

International Nuclear Information System (INIS)

Gonzalez, Manuel I

2004-01-01

A moderate-cost experimental setup is presented to help students to understand some qualitative and quantitative aspects of eddy currents. The setup operates like an eddy current brake, a device commonly used in heavy vehicles to dissipate kinetic energy by generating eddy currents. A set of simple experiments is proposed to measure eddy current losses and to relate them to various relevant parameters. Typical results for each of the experiments are presented, and comparisons with theoretical predictions are included. The experiments, which are devoted to first-year undergraduate students, deal also with other pedagogically relevant topics in electricity and magnetism, such as basic laws, electrical measurement techniques, the sources of the magnetic field and others

Notions and Concepts in Family Law. Discrepancy Between Polish Family Law and Social Reality

Directory of Open Access Journals (Sweden)

Bagan-Kurluta Katarzyna

2017-03-01

Full Text Available Modern times are an arena for two opposing trends: the liberalization of mores and laws, and the distancing of changes and adoption of a conservative position against those that occur. Polish family law clearly fails to keep pace with the changes taking place and does not perceive new phenomena. Is this an intentional act of the legislator leading to the preservation of traditional values, or the expression of disapproval and belief in the transitoriness of new phenomena? It comes together with the introduction of new terminology or new interpretations of already existing concepts. Hence the meaning of some of the current concepts in everyday language differs significantly from their meaning arising from legal instruments. The article is an attempt to deal with this problem.

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.

Smoke-free air laws and asthma prevalence, symptoms, and severity among nonsmoking youth.

Science.gov (United States)

Dove, Melanie S; Dockery, Douglas W; Connolly, Gregory N

2011-01-01

We investigated the association between smoke-free laws and asthma prevalence, symptoms, and severity among nonsmoking youth (aged 3-15 years). We examined data from the 1999-2006 National Health and Nutrition Examination Survey, a cross-sectional survey designed to monitor the health and nutritional status of the US population. Survey locations were dichotomized as having or not having at least 1 smoke-free workplace, restaurant, or bar law at the county or state level that covered the entire county population. Asthma prevalence was assessed as self-reported current asthma and as ever having asthma with current symptoms. Asthmatic symptoms included persistent wheeze, chronic night cough, and wheeze-medication use. We also examined asthma severity (asthma attack or emergency-department visit for asthma) and persistent ear infection. Smoke-free laws were not associated with current asthma but were significantly associated with lower odds of asthmatic symptoms (odds ratio [OR]: 0.67 [95% confidence interval (CI): 0.48-0.93]) among nonsmoking youth. The association between smoke-free laws and ever having asthma with current symptoms approached significance (OR: 0.74 [95% CI: 0.53-1.03]). Smoke-free laws were associated with lower odds of asthma attacks (OR: 0.66 [95% CI: 0.28-1.56]) and emergency-department visits for asthma (OR: 0.55 [95% CI: 0.27-1.13]), although these results were not statistically significant. Our results suggest that smoke-free laws reduce asthmatic symptoms, including persistent wheeze, chronic night cough, and wheeze-medication use in nonsmoking youth.

Gene-Editing: Interpretation of Current Law and Legal Policy.

Science.gov (United States)

Kim, Na-Kyoung

2017-09-01

With the development of the third-generation gene scissors, CRISPR-Cas9, concerns are being raised about ethical and social repercussions of the new gene-editing technology. In this situation, this article explores the legislation and interpretation of the positive laws in South Korea. The BioAct does not specify and regulate 'gene editing' itself. However, assuming that genetic editing is used in the process of research and treatment, we can look to the specific details of the regulations for research on humans as well as gene therapy research in order to see how genetic editing is regulated under the BioAct. BioAct differentiates the regulation between (born) humans and embryos etc. and the regulation differ entirely in the manner and scope. Moreover, due to the fact that gene therapy products are regarded as drugs, they fall under different regulations. The Korean Pharmacopoeia Act put stringent sanctions on clinical trials for gene therapy products and the official Notification "Approval and Examination Regulations for Biological Products, etc." by Food and Drug Safety Administration may be applied to gene editing for gene therapy purposes.

Current in heavy-current planar diode with discrete emission surface

International Nuclear Information System (INIS)

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

1999-01-01

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

Innovative Research on Teaching Model of Environmental Law Courses in China

OpenAIRE

Yuling Li

2013-01-01

At present, the teaching model of environmental law courses in China is mainly lecture-based learning (LBL) teaching model whose disadvantages are closeness, unidirection and weak teaching practice. This model does not fit in with the characteristics of environmental law courses and the objective changes of ecological civilized society for the demand of talents of environmental law. Therefore, we should actively reform the current single teaching model, learn from foreign advanced teaching co...

Electric conductivity and bootstrap current in tokamak

International Nuclear Information System (INIS)

Mao Jianshan; Wang Maoquan

1996-12-01

A modified Ohm's law for the electric conductivity calculation is presented, where the modified ohmic current can be compensated by the bootstrap current. A comparison of TEXT tokamak experiment with the theories shows that the modified Ohm's law is a more close approximation to the tokamak experiments than the classical and neoclassical theories and can not lead to the absurd result of Z eff <1, and the extended neoclassical theory would be not necessary. (3 figs.)

48 CFR 227.7203-9 - Copyright.

Science.gov (United States)

2010-10-01

... Software and Computer Software Documentation 227.7203-9 Copyright. (a) Copyright license. (1) The clause at... rights licenses obtained under the clause. When non-standard license rights in computer software or computer software documentation will be negotiated, negotiate the extent of the copyright license...

Correlates of state enactment of elementary school physical education laws.

Science.gov (United States)

Monnat, Shannon M; Lounsbery, Monica A F; Smith, Nicole J

2014-12-01

To describe variation in U.S. state elementary school physical education (PE) policies and to assess associations between state PE policy enactment and education funding, academic achievement, sociodemographic disadvantage, and political characteristics. U.S. state laws regarding school PE time, staffing, curriculum, fitness assessment, and moderate-to-vigorous physical activity (MVPA) in 2012 were classified as strong/specific, weak/nonspecific, or none based on codified law ratings within the Classification of Laws Associated with School Students (C.L.A.S.S.). Laws were merged with state-level data from multiple sources. Logistic regression was used to determine associations between state characteristics and PE laws (N=51). Laws with specific PE and MVPA time requirements and evidence-based curriculum standards were more likely in states with low academic performance and in states with sociodemographically disadvantaged populations. School day length was positively associated with enacting a PE curriculum that referenced evidence-based standards. School funding and political characteristics were not associated with PE laws. Limited time and high-stake testing requirements force schools to prioritize academic programs, posing barriers to state passage of specific PE laws. To facilitate PE policy enactment, it may be necessary to provide evidence on how PE policies can be implemented within existing time and staffing structures. Copyright © 2014 Elsevier Inc. All rights reserved.

Medicine and abortion law: complicating the reforming profession.

Science.gov (United States)

McGuinness, Sheelagh; Thomson, Michael

2015-01-01

The complicated intra-professional rivalries that have contributed to the current contours of abortion law and service provision have been subject to limited academic engagement. In this article, we address this gap. We examine how the competing interests of different specialisms played out in abortion law reform from the early twentieth-century, through to the enactment of the Abortion Act 1967, and the formation of the structures of abortion provision in the early 1970s. We demonstrate how professional interests significantly shaped the landscape of abortion law in England, Scotland, and Wales. Our analysis addresses two distinct and yet related fields where professional interests were negotiated or asserted in the journey to law reform. Both debates align with earlier analysis that has linked abortion law reform with the market development of the medical profession. We argue that these two axes of debate, both dominated by professional interests, interacted to help shape law's treatment of abortion, and continue to influence the provision of abortion services today. © The Author [2015]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Vom Out-Law zum In-Law: Piraterie, Recht und Familie in Pirates of the CaribbeanCurrent Problems of Gypsy Studies

OpenAIRE

Irmtraud Hnilica

2011-01-01

In order to analyse the relationship between piracy, law and family, the article takes a look at thepopular Pirates of the Caribbean films. Hollywood turns out to link piracy with family; instead offorming the usually assumed contrast, both are closely intertwined entities. The film series cantherefore be seen as an unorthodox revision of the pirate’s common juridical classification as theanti-social hostis humani generis. It becomes apparent that, surprisingly, family sometimes maydevelop fr...

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.

Threshold Law For Positron Impact Ionization of Atoms

International Nuclear Information System (INIS)

Ihra, W.; Mota-Furtado, F.; OMahony, P.F.; Macek, J.H.; Macek, J.H.

1997-01-01

We demonstrate that recent experiments for positron impact ionization of He and H 2 can be interpreted by extending Wannier theory to higher energies. Anharmonicities in the expansion of the three-particle potential around the Wannier configuration give rise to corrections in the threshold behavior of the breakup cross section. These corrections are taken into account perturbatively by employing the hidden crossing theory. The resulting threshold law is σ(E)∝E 2.640 exp[ -0.73√(E)] . The actual energy range for which the Wannier law is valid is found to be smaller for positron impact ionization than for electron impact ionization. copyright 1997 The American Physical Society

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

International Nuclear Information System (INIS)

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

2004-01-01

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

You told me, Right? - Free and Informed Consent in European Patent Law

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen; Hellstadius, Åsa

2017-01-01

rules should be understood in the light of the development in health law and fundamental rights law where FIC has long been a central concept which is e.g. recognized in the EU’s Charter on Fundamental Rights. Against that basis, we suggest that patent law and patent practices have so far not fully......-compliance would amount to not only a violation of legal rules but also amount to a serious violation of principles of ordre public or morality in line with current patent law standards....

The analog of Blanc's law for drift velocities of electrons in gas mixtures in weakly ionized plasma

International Nuclear Information System (INIS)

Chiflikian, R.V.

1995-01-01

The analog of Blanc's law for drift velocities of electrons in multicomponent gas mixtures in weakly ionized spatially homogeneous low-temperature plasma is derived. The obtained approximate-analytical expressions are valid for average electron energy in the 1--5 eV range typical for plasma conditions of low-pressure direct current (DC) discharges. The accuracy of these formulas is ±5%. The analytical criterion of the negative differential conductivity (NDC) of electrons in binary mixtures of gases is obtained. NDC of electrons is predicted in He:Kr and He:Xe rare gas mixtures. copyright 1995 American Institute of Physics

Multifractal aspects of the scaling laws in fully developed compressible turbulence

International Nuclear Information System (INIS)

Shivamoggi, B.K.

1995-01-01

In this paper, multifractal aspects of the scalings laws in fully developed compressible turbulence are considered. Compressibility effects on known results of incompressible turbulence are pointed out. copyright 1995 Academic Press, Inc

Energy law and the environment

Energy Technology Data Exchange (ETDEWEB)

Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)

2006-08-15

The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.

The incorporation of public international law into municipal law and ...

African Journals Online (AJOL)

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

Science.gov (United States)

Farquharson, Lauren

2017-03-01

Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

International law

CERN Document Server

Shaw, Malcolm N

2017-01-01

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

Comics, Copyright and Academic Publishing

Directory of Open Access Journals (Sweden)

Ronan Deazley

2014-05-01

Full Text Available This article considers the extent to which UK-based academics can rely upon the copyright regime to reproduce extracts and excerpts from published comics and graphic novels without having to ask the copyright owner of those works for permission. In doing so, it invites readers to engage with a broader debate about the nature, demands and process of academic publishing.

Copyright Updates for K-12 Librarians

Science.gov (United States)

Johnson, Wendell G.

2016-01-01

Copyright concerns continue to bedevil K-12 librarians, who are often called upon to act as the copyright officers in public schools. This article describes recent copyright developments of concern to these librarians in three areas: a recent court case involving a university library, pending legislation supported by ALA, and a regulatory update.…

Turbulence effect on Ohm's law in partially ionized plasmas

International Nuclear Information System (INIS)

Numano, M.

1977-01-01

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

Brazilian abortion law: the opinion of judges and prosecutors.

Science.gov (United States)

Duarte, Graciana Alves; Osis, Maria José Duarte; Faúndes, Anibal; Sousa, Maria Helena de

2010-06-01

To analyze the opinion of judges and prosecutors concerning Brazilian abortion law and situations in which the abortion should be allowed. A cross-sectional study was performed with 1,493 judges and 2,614 prosecutors in Brazil between 2005 and 2006. Participants completed a structured questionnaire approaching sociodemographic characteristics, opinions about abortion law, and circumstances in which abortion is considered lawful. Bivariate and multivariate analyses of data were carried out through Poisson regression. The majority of participants (78%) found that the circumstances in which abortion is considered lawful should be broadened, or even that abortion should not be criminalized. The highest rates of pro-abortion opinions resulted from: risk to the life of the mother (84%), anencephaly (83%), severe congenital malformation of fetus (82%), and pregnancy resulting from rape (82%). Variables related to religion were strongly associated to the opinion of participants. There is a trend in considering the need of changing the current abortion law, in the sense of widening the circumstances in which abortion is considered lawful, or even toward decriminalizing abortion, regardless of the circumstances in which it takes place.

Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

Science.gov (United States)

Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

2017-03-01

Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are

The Existence of Customary Law in the Polemics of Positive Law – a Study From the Perspective of Constitutional Law

OpenAIRE

Saleh, M

2013-01-01

As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia's national law where Adat Law has widely influenced other positive law.

Benford's Law: textbook exercises and multiple-choice testbanks.

Science.gov (United States)

Slepkov, Aaron D; Ironside, Kevin B; DiBattista, David

2015-01-01

Benford's Law describes the finding that the distribution of leading (or leftmost) digits of innumerable datasets follows a well-defined logarithmic trend, rather than an intuitive uniformity. In practice this means that the most common leading digit is 1, with an expected frequency of 30.1%, and the least common is 9, with an expected frequency of 4.6%. Currently, the most common application of Benford's Law is in detecting number invention and tampering such as found in accounting-, tax-, and voter-fraud. We demonstrate that answers to end-of-chapter exercises in physics and chemistry textbooks conform to Benford's Law. Subsequently, we investigate whether this fact can be used to gain advantage over random guessing in multiple-choice tests, and find that while testbank answers in introductory physics closely conform to Benford's Law, the testbank is nonetheless secure against such a Benford's attack for banal reasons.

Benford's Law: textbook exercises and multiple-choice testbanks.

Directory of Open Access Journals (Sweden)

Aaron D Slepkov

Full Text Available Benford's Law describes the finding that the distribution of leading (or leftmost digits of innumerable datasets follows a well-defined logarithmic trend, rather than an intuitive uniformity. In practice this means that the most common leading digit is 1, with an expected frequency of 30.1%, and the least common is 9, with an expected frequency of 4.6%. Currently, the most common application of Benford's Law is in detecting number invention and tampering such as found in accounting-, tax-, and voter-fraud. We demonstrate that answers to end-of-chapter exercises in physics and chemistry textbooks conform to Benford's Law. Subsequently, we investigate whether this fact can be used to gain advantage over random guessing in multiple-choice tests, and find that while testbank answers in introductory physics closely conform to Benford's Law, the testbank is nonetheless secure against such a Benford's attack for banal reasons.

Hyperbolic Conservation Laws and Related Analysis with Applications

CERN Document Server

Holden, Helge; Karlsen, Kenneth

2014-01-01

This book presents thirteen papers, representing the most significant advances and current trends in nonlinear hyperbolic conservation laws and related analysis with applications. Topics covered include a survey on multidimensional systems of conservation laws as well as novel results  on liquid crystals, conservation laws with discontinuous flux functions, and applications to sedimentation.  Also included are articles on recent advances in the Euler equations and the Navier-Stokes-Fourier-Poisson system, in addition to new results on collective phenomena described by the Cucker-Smale model.    The Workshop on Hyperbolic Conservation Laws and Related Analysis with Applications at the International Centre for Mathematical Sciences (Edinburgh, UK) held in Edinburgh, September 2011, produced this fine collection of original research and survey articles. Many leading mathematicians attended the event and submitted their contributions for this volume. It is addressed to researchers and graduate students inter...

[The cost of applying the Dependency Law to Alzheimer disease].

Science.gov (United States)

Soto-Gordoa, Myriam; Arrospide, Arantzazu; Zapiain, Ander; Aiarza, Arantza; Abecia, Luis Carlos; Mar, Javier

2014-01-01

To calculate the formal cost of social care for people with Alzheimer disease according to the implementation of the dependency law in Gipuzkoa (Spain). A retrospective observational study was carried out of the database of the Dependency Care Services of Gipuzkoa from 2007 to 2012, using a prevalence-based bottom-up approach. The average annual formal cost per person was €11,730. The annual population cost was €34.7 million, representing 19% of the annual expenditure corresponding to the dependency law and 29% of the total cost of Alzheimer disease. Despite the implementation of the new law, most of the burden of the disease is bourne by the family. Copyright © 2014 SESPAS. Published by Elsevier Espana. All rights reserved.

South African Journal of Bioethics and Law

African Journals Online (AJOL)

South African Journal of Bioethics and Law. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 2 (2015) >. Log in or Register to get access to full text downloads.

South African Journal of Bioethics and Law

African Journals Online (AJOL)

South African Journal of Bioethics and Law. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 1, No 2 (2008) >. Log in or Register to get access to full text downloads.

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.

Europeanisation of private law and English law

OpenAIRE

Beale, Hugh

2003-01-01

To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

Law across nations

DEFF Research Database (Denmark)

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

Developments in the Law--Section 1981.

Science.gov (United States)

Aguilar, Javier; And Others

1980-01-01

Reviews the history and current state of the law under Section 1981 of the Civil Rights Act of 1866. Suggests how it may be interpreted to maintain its vitality as a guarantee of racial equality. Considers actionable discrimination claims, protected interests, prima facie evidence, constitutional defenses, immunities, and procedural issues.…

"The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

Science.gov (United States)

Perlin, Michael L

2014-01-01

In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. Copyright © 2014 Elsevier Ltd. All rights reserved.

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

Directory of Open Access Journals (Sweden)

Neil Faris

2014-10-01

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

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

Science.gov (United States)

Vochozka, Marek; Maroušková, Anna; Šuleř, Petr

2017-12-01

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

The impact of A. R. Wallace's Sarawak Law paper reassessed.

Science.gov (United States)

van Wyhe, John

2016-12-01

This article examines six main elements in the modern story of the impact of Alfred Russel Wallace's 1855 Sarawak Law paper, particularly in the many accounts of Charles Darwin's life and work. These elements are: Each of these are very frequently repeated as straightforward facts in the popular and scholarly literature. It is here argued that each of these is erroneous and that the role of the Sarawak Law paper in the historiography of Darwin and Wallace needs to be revised. Copyright © 2016 The Author. Published by Elsevier Ltd.. All rights reserved.

Renegotiating forensic cultures: between law, science and criminal justice.

Science.gov (United States)

Roberts, Paul

2013-03-01

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. Copyright © 2013. Published by Elsevier Ltd.

Constitutional developments in Latin American abortion law.

Science.gov (United States)

Bergallo, Paola; Ramón Michel, Agustina

2016-11-01

For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries' high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less restrictive laws. In doing so, they have articulated limits to protection of fetal interests, and basic ideas of women's dignity, autonomy, and equality. The process of constitutionalization has only just begun. Constitutional judgments are not the last word, but they are important contributions in reinforcing the legality of abortion. Copyright © 2016 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

A constitutive law for degrading bioresorbable polymers.

Science.gov (United States)

Samami, Hassan; Pan, Jingzhe

2016-06-01

This paper presents a constitutive law that predicts the changes in elastic moduli, Poisson's ratio and ultimate tensile strength of bioresorbable polymers due to biodegradation. During biodegradation, long polymer chains are cleaved by hydrolysis reaction. For semi-crystalline polymers, the chain scissions also lead to crystallisation. Treating each scission as a cavity and each new crystal as a solid inclusion, a degrading semi-crystalline polymer can be modelled as a continuum solid containing randomly distributed cavities and crystal inclusions. The effective elastic properties of a degrading polymer are calculated using existing theories for such solid and the tensile strength of the degrading polymer is predicted using scaling relations that were developed for porous materials. The theoretical model for elastic properties and the scaling law for strength form a complete constitutive relation for the degrading polymers. It is shown that the constitutive law can capture the trend of the experimental data in the literature for a range of biodegradable polymers fairly well. Copyright © 2016 Elsevier Ltd. All rights reserved.

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

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

Changing Law and Ownership Patterns in Germany

DEFF Research Database (Denmark)

Ringe, Wolf-Georg

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

Laboratory Test of Newton's Second Law for Small Accelerations

International Nuclear Information System (INIS)

Gundlach, J. H.; Schlamminger, S.; Spitzer, C. D.; Choi, K.-Y.; Woodahl, B. A.; Coy, J. J.; Fischbach, E.

2007-01-01

We have tested the proportionality of force and acceleration in Newton's second law, F=ma, in the limit of small forces and accelerations. Our tests reach well below the acceleration scales relevant to understanding several current astrophysical puzzles such as the flatness of galactic rotation curves, the Pioneer anomaly, and the Hubble acceleration. We find good agreement with Newton's second law at accelerations as small as 5x10 -14 m/s 2

Tenancy Law Denmark

DEFF Research Database (Denmark)

Edlund, Hans Henrik

2003-01-01

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

Navigating School Safety Law and Policy

Science.gov (United States)

Vaillancourt, Kelly; Rossen, Eric

2012-01-01

Initiatives designed to improve school safety and conditions for learning have become central to education reform efforts at the local, state, and national levels. These efforts often target the reduction and prevention of bullying, discrimination, and harassment in schools. While most states currently have some form of law or policy designed to…

Paraphilia and sex offending - A South African criminal law perspective.

Science.gov (United States)

Carstens, Pieter; Stevens, Philip

2016-01-01

Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed. Copyright © 2016. Published by Elsevier Ltd.

The Lambert-Beer law in time domain form and its application.

Science.gov (United States)

Mosorov, Volodymyr

2017-10-01

The majority of current radioisotope gauges utilize measurements of intensity for a chosen sampling time interval using a detector. Such an approach has several disadvantages: temporal resolution of the gauge is fixed and the accuracy of the measurements is not the same for different count rate. The solution can be the use of a stronger radioactive source, but it will be conflicted with ALARA (As Low As Reasonably Achievable) principle. Therefore, the article presents an alternative approach which is based on modified Lambert-Beer law. The basis of the approach is the registration of time intervals instead of the registration of counts. It allows to increase the temporal resolution of a gauge without the necessity of using a stronger radioactive source and the accuracy of the measurements will not depend on count rate. Copyright © 2017 Elsevier Ltd. All rights reserved.

"Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law"

OpenAIRE

MICHAEL ARNOLD; ERIC DARMON; SYLVAIN DEJEAN; THIERRY PENARD

2014-01-01

Most developed countries have tried to restrain digital piracy by strength- ening laws against copyright infringement. In 2009, France implemented the Hadopi law. Under this law individuals receive a warning the first two times they are detected illegally sharing content through peer to peer (P2P) networks. Legal action is only taken when a third violation is detected. We analyze the impact of this law on individual behavior. Our theoretical model of illegal be- havior under a graduated respo...

Thin tube testing by eddy currents

International Nuclear Information System (INIS)

David, Bernard; Pigeon, Michel

1981-01-01

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

Developing new copyright services in academic libraries

Directory of Open Access Journals (Sweden)

Inga-Lill Nilsson

2016-03-01

Full Text Available This article discusses the role of academic librarians in handling copyright-related issues, including their required skills and knowledge about copyright. IP (intellectual property issues have become more important in publishing and in accessing and reusing scientific research, and new technology and delivery mechanisms have increased copyright issues. Due to the complications and general confusion about copyright, there is a growing need for official support. Academic librarians often have only an informal mandate to work in this area and therefore lack confidence, sufficient knowledge and training. They seldom have the authority to work with copyright education in a formalized way. Legitimacy can be achieved by collaborating with other university units with an interest in copyright. Co-operation with other libraries and library organizations is also an important way to share experiences and increase knowledge about copyright. Libraries can contribute to improved IP services once they have established that copyright is a library matter, found tools for copyright education and embedded these activities into library routines.

Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law

NARCIS (Netherlands)

Blois, M. de

2010-01-01

The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but

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

Directory of Open Access Journals (Sweden)

Karin Harrasser / Elisabeth Timm

2010-08-01

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

Mean-field Ohm's law and coaxial helicity injection in force-free plasmas

International Nuclear Information System (INIS)

Weening, R. H.

2011-01-01

A theoretical analysis of steady-state coaxial helicity injection (CHI) in force-free plasmas is presented using a parallel mean-field Ohm's law that includes resistivity η and hyper-resistivity Λ terms. Using Boozer coordinates, a partial differential equation is derived for the time evolution of the mean-field poloidal magnetic flux, or magnetic Hamiltonian function, from the parallel mean-field Ohm's law. A general expression is obtained from the mean-field theory for the efficiency of CHI current drive in force-free plasmas. Inductances of internal energy, magnetic helicity, and poloidal magnetic flux are used to characterize axisymmetric plasma equilibria that have a model current profile. Using the model current profile, a method is suggested to determine the level of magnetohydrodynamic activity at the magnetic axis and the consequent deviation from the completely relaxed Taylor state. The mean-field Ohm's law model suggests that steady-state CHI can be viewed most simply as a boundary layer problem.

Preliminary limits on deviation from the inverse-square law of gravity in the solar system: a power-law parameterization

International Nuclear Information System (INIS)

Liu Meng-Yao; Zhong Ze-Hao; Han Yi-Chen; Wang Xiao-Yu; Yang Zong-Shui; Xie Yi

2014-01-01

New physics beyond the standard model of particles might cause a deviation from the inverse-square law of gravity. In some theories, it is parameterized by a power-law correction to the Newtonian gravitational force, which might originate from the simultaneous exchange of particles or modified and extended theories of gravity. Using the supplementary advances of the perihelia provided by INPOP10a (IMCCE, France) and EPM2011 (IAA RAS, Russia) ephemerides, we obtain preliminary limits on this correction. In our estimation, we take the Lense-Thirring effect due to the Sun's angular momentum into account. The parameters of the power-law correction and the uncertainty of the Sun's quadrupole moment are simultaneously estimated with the method of minimizing χ 2 . From INPOP10a, we find N = 0.605 for the exponent of the power-law correction. However, from EPM2011, we find that, although it yields N = 3.001, the estimated uncertainty in the Sun's quadrupole moment is much larger than the value given by current observations. This might be caused by the intrinsic nonlinearity in the power-law correction, which makes the estimation very sensitive to the supplementary advances of the perihelia. (research papers)

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

Science.gov (United States)

2016-03-01

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

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

Science.gov (United States)

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

2015-04-01

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

The diffusion and impact of clean indoor air laws.

Science.gov (United States)

Eriksen, Michael P; Cerak, Rebecca L

2008-01-01

Over the past quarter century, primarily as a result of scientific discovery, citizen advocacy, and legislative action, comprehensive clean indoor air laws have spread rapidly throughout the world. Laws that establish completely smoke-free indoor environments have many relative advantages including being low cost, safe, effective, and easy to implement. The diffusion of these laws has been associated with a dramatic and rapid reduction in population levels of serum cotinine among nonsmokers and has also contributed to a reduction in overall cigarette consumption among smokers, with no adverse economic impact, except to the tobacco industry. Currently, nearly half of the U.S. population lives in jurisdictions with some combination of completely smoke-free workplaces, restaurants, or bars. The diffusion of clean indoor air laws is spreading rapidly throughout the world, stimulated by the first global health treaty, the Framework Convention on Tobacco Control.

Discrimination in Public Employment: The Evolving Law.

Science.gov (United States)

McCarthy, Martha M.

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

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

African Journals Online (AJOL)

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

DOI - Digital Object Identifier : A revolution in the management and trading of copyrighted information over the Internet in the third millenium

Directory of Open Access Journals (Sweden)

Martin Žnideršič

1997-01-01

Full Text Available Rapid development of information technology in recent years has brought over also the problem of the protection of author's rights related to copyrighted works on electronic media. Information and law specialists were intensively working on this problem for several years and the result has been a new system of labelling copyrighted works on the Internet, called DOI (Digitial Object Identifier. The system was developed in the United States. At the time of the presenta tion of DOI at the Bookfair in Frankfurt, 250.000 author works were labelled with DOI. The system is universal and enables the inclusion of the present standard identifiers (ISBN, ISSN, SICI. The fact that DOI identifier stays "glued on" forever, makes the identification of the carrier of copyright possible at any moment. The DOI system presents the infrastructure system for trading in and use of copyrighted works over the Internet in the third millenium.

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

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

Law enforcement attitudes toward overdose prevention and response

Science.gov (United States)

Green, Traci C.; Zaller, Nickolas; Palacios, Wilson R.; Bowman, Sarah E.; Ray, Madeline; Heimer, Robert; Case, Patricia

2014-01-01

Background Law enforcement is often the first to respond to medical emergencies in the community, including overdose. Due to the nature of their job, officers have also witnessed first-hand the changing demographic of drug users and devastating effects on their community associated with the epidemic of nonmedical prescription opioid use in the United States. Despite this seminal role, little data exist on law enforcement attitudes toward overdose prevention and response. Methods We conducted key informant interviews as part of a 12-week Rapid Assessment and Response (RAR) process that aimed to better understand and prevent nonmedical prescription opioid use and overdose deaths in locations in Connecticut and Rhode Island experiencing overdose “outbreaks.” Interviews with 13 law enforcement officials across three study sites were analyzed to uncover themes on overdose prevention and naloxone. Results Findings indicated support for law enforcement involvement in overdose prevention. Hesitancy around naloxone administration by laypersons was evident. Interview themes highlighted officers’ feelings of futility and frustration with their current overdose response options, the lack of accessible local drug treatment, the cycle of addiction, and the pervasiveness of easily accessible prescription opioid medications in their communities. Overdose prevention and response, which for some officers included law enforcement-administered naloxone, were viewed as components of community policing and good police-community relations. Conclusion Emerging trends, such as existing law enforcement medical interventions and Good Samaritan Laws, suggest the need for broader law enforcement engagement around this pressing public health crisis, even in suburban and small town locations, to promote public safety. PMID:24051061

A Pluralist Approach to the Law of International Sales

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Juana Coetzee

2017-03-01

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

The Theory of law in Post-Modernity: Reflection from Sustainability to Sensitivity

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Suzete Habitzreuter Hartke

2016-06-01

Full Text Available The Law represents one expression of the human Culture. Facing such context, this paper aims at presenting proposals of possible solutions to a problem that is present in postmodernity, which is: the Law produced nowadays does not seem to solve the problems related to Sustainable development which are submitted to the Brazilian Legal System, the methodology used the Inductive Method. The solution resides in the use of Sensitive Reasoning and the Law Politics, since they enable the correction of the current law and the construction of the one that might exist in a humanitarian sense.

Comparative law as method and the method of comparative law

NARCIS (Netherlands)

Hage, J.C.; Adams, M.; Heirbaut, D.

2014-01-01

This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

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

CATEGORY OF CIRCUMVENTION OF THE LAW IN RUSSIAN CIVIL LAW

OpenAIRE

Kamyshanskiy V. P.

2014-01-01

This article examines the concept of "circumvention of the law" with respect to Treaty law. The author finds that the direct loan category "circumvention of the law" in Treaty law can be estimated ambiguously. The specified category which is fragmentary reflected in the active Civil codex indicates a regulatory gap

RUSSIAN FAMILY LAW LEGISLATION: REVOLUTION, COUNTER-REVOLUTION, EVOLUTION

Directory of Open Access Journals (Sweden)

NADEZHDA TARUSINA

2017-01-01

Full Text Available This article analyzes the political and legal aspects of the first decrees of the Soviet government  from 1917 and the codified acts on marriage and family from 1918 and 1926 as large and small  “revolutions” in Russian and Soviet family law. These acts put Russia forward into progressive  positions in comparison with comparable European and American law of that time. The article  analyzes the repressive, “counterrevolutionary” decisions of 1930s and 1940s that pushed family  law, particularly in the sphere of marriage and the legal status of children born out of wedlock,  back to pre-revolutionary imperial standards. It also reviews the normative legal acts on marriage  and the family dating from the “Khrushchev thaw” period. The article identifies the contradictory  and conflicting approaches of legal scholars and legislators to the methodology of legal regulation  of family relations in different periods of political and social history, as well as in our times. The  quality of Russia’s current family legislation, which mainly evolved during the political, economic  and social reforms of the late 20th century, is also assessed. The article traces the influence of  Soviet family law on the content of similar legislation elsewhere in Eastern Europe and the  countries of the former Soviet Union, where there are various levels of legal sovereignty. Their independent legal positions, which are worth comparing with Russia’s family-law doctrine and  legislation, are revealed. The article investigates and evaluates both successful and partially  unsuccessful attempts of modern Russian legislators to adapt the current Family Code and other federal laws regulating family relations to new challenges in the sphere of marriage and family. It speculates on three tendencies of family law doctrine: a certain adherence to the revolutionary ideas of 1917, an orientation toward a return to traditional family

Soft law in public international law : a pragmatic or a principled choice?

NARCIS (Netherlands)

Brus, Marcel M.T.

2017-01-01

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

Lagrange and Noether analysis of polarization laws of conservation for electromagnetic field

International Nuclear Information System (INIS)

Krivskij, I.Yu.; Simulik, V.M.

1988-01-01

Both well-known Bessel-Hagen conservation laws and conservation laws of polarized character are derived for electromagnetic field in the Lagrange approach to electrodynamics in terms of intensities (without using the A μ potentials as variation variables). The laws mentioned are derived according to Noether theorem because symmetry to which such concervation laws correspond is lost during the transition from intensities to potentials. Based on Noether theorem (and its generalization for Naeik's symmetries) and Lagrange function scalar in relation to complete Poincare group in terms of intensity tensor, a convenient formula for calculating and values conserved for electromagnetic field is derived which sets up a physically adequate symmetry operator -conservation law correlation and thus links the presence of conservation laws of polarized character with symmetry properties of Maxwell equations. Adiabaticity of conservation laws of polarized character under the presence of interaction with currents and charges is indicated

Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

Directory of Open Access Journals (Sweden)