The Current Legal Framework of the Use of Force against Terrorist Organizations

Directory of Open Access Journals (Sweden)

Petra PERISIC

2013-11-01

Full Text Available Events that took place on 9/11, when symbols of American nation were destroyed by hijacked civilian airplanes, raised the issue of the effectiveness of the currently existing legal framework which regulates terrorist activities. Prior to that event, dealing with terrorist activities was mostly regulated by conventions, many of which were ratified by no more than couple of states. However, it became questionable whether these instruments are sufficient to fight terrorists who are not only immune to a threat of sanctions, but are even ready to sacrifice their lives. After the attacks took place, the United States launched against Afghanistan an armed action, ending up in a more than a decade long occupation, holding Taliban regime responsible for the attacks undertaken by Al-Qaida. The United States response to the 9/11 raised an important question: what is the legal response to terrorist attacks? This article explores the current legal framework of the use of force in response to terrorist attacks, especially with regard to distinguishing terrorist acts which are attributable to a certain state, from those which are undertaken by a terrorist group, not associated with any particular state.

Finance and society : On the foundations of corporate social responsibility

NARCIS (Netherlands)

Liang, Hao

2015-01-01

This thesis consists of six chapters. The first four chapters explore different foundations of CSR. Chapter 1 studies the legal and institutional foundations of CSR around the world. Chapter 2 studies the agency foundations of CSR, with a focus on whether CSR should be regarded as an agency problem

Long-Term Ownership by Industrial Foundations

DEFF Research Database (Denmark)

Børsting, Christa Winther; Kuhn, Johan Moritz; Poulsen, Thomas

2016-01-01

in Denmark. Industrial foundations are independent legal entities without owners or members typically with the dual objective of preserving the company and using excess profits for charity. We use a unique Danish data set to examine the governance of foundation-owned companies. We show that they are long......-term in several respects. Foundations hold on to their shares for longer. Foundation-owned companies replace managers less frequently. They have more conservative capital structures with less leverage. Their companies survive longer. Their business decisions appear to be more long term. This paper supports...... the hypothesis that time horizons are influenced by ownership structures and particularly that industrial foundations promote longtermism. Policymakers which are interested in promoting longtermism should allow and perhaps even encourage the creation of industrial foundations. More generally they should consider...

Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

Directory of Open Access Journals (Sweden)

Afredo Bergés

2013-12-01

Full Text Available The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying one anyright (slavery if one has not full filled their fundamental duty. When traditional sources of normativity lose their efficiency and credibility, it becomes necessary to resort to an immanent principle: the activity of the autonomous subject. This principle is the true foundation of the «original, inalienable right» of man. Law isa construction that is valid only insofar as it is an adequate actualization of the concept of freedom.

Transforming a foundation into a cooperative

Directory of Open Access Journals (Sweden)

Juan Ramón Manzano Malaxechevarría

2013-12-01

Full Text Available The author charts a path between entities that meet needs in the general interest such as foundations and others which are neither entities of general interest nor have purely mercantile legal personality such as cooperatives. Transforming a foundation into a cooperative calls for a broad interpretation of the principle of free will that the legislation wishes to foster.Received: 12.02.2013Accepted: 20.04.2013

An Interdisciplinary Inquiry into the Foundations of Trademark Law

Directory of Open Access Journals (Sweden)

Sh. Kasnavi

2016-05-01

Full Text Available The assessment of any legal system, such as trademark law, requires a comprehensive understanding of that system, and this can be made possible only through awareness of the objectives and foundations of that system. This awareness in trademark law helps us interpret better, especially where there are no statutes. Trademark law is highly influenced by both moral and legal issues and the basics of market economy because trademark has fully economic dimensions as well, and the existence of trademark depends on the economic efficiency of the market. This highlights the necessity of an interdisciplinary approach with the aim of understanding this supportive system. Natural law theory and contractual theory legally justify the protection of trademark. Beside these two theories, the search cost theory and incentive of producers, as two important economic factors, justify the protection of trademark even more powerfully. Nonetheless, trademark legal system relies on all these foundations and each of them is necessary to interpret trademark law.

Fraud Indicators Applied to Legal Entities : An Empirical Ranking Approach

NARCIS (Netherlands)

S. van den Braak; R. Choenni; M.S. Bargh

2014-01-01

Legal persons (i.e., entities such as corporations, companies, partnerships, firms, associations, and foundations) may commit financial crimes or employ fraudulent activities like money laundering, tax fraud, or bankruptcy fraud. Therefore, in the Netherlands legal persons are automatically screened

Special Education in America: Its Legal and Governmental Foundations.

Science.gov (United States)

Ballard, Joseph, Ed.; And Others

The text presents six chapters on the legal and governmental bases of special education. In the Introduction, F. Weintraub and J. Ballard cite the legislative and litigative history of P.L. 94-142, the Education for All Handicapped Children Act, and briefly address information sources on such policy issues as procedural safeguards, underserved…

Protecting the foundation and magnificent edifice of the legal ...

African Journals Online (AJOL)

Thukwane and Mtshabe demonstrate that the admission or readmission must not be damaging to the integrity and standing of the profession, the judicial system, or the administration of justice, or be contrary to the public interest. It is trite that public confidence in the legal profession is more important than the fortunes of any ...

[Individual rights vs public health in the fight against contagious diseases: proposals to improve the current legal framework].

Science.gov (United States)

Salamero Teixidó, Laura

2016-11-01

The public health protection constitutional mandate requires public powers to protect the population from contagious diseases. This requires a legal framework that both protects public health effectively and respects individual rights and freedoms that could be undermined by the public administrations. This article analyses, from a legal perspective, the current legal framework regulating the adoption of health measures to protect public health against contagious diseases. It argues that current regulations generate legal uncertainty on the basis of the wide range of discretionary powers they give to the public administration and the lack of provisions for limiting these powers. As a result, the guarantee mechanisms (primarily judicial consent) only weakly protect the rights and freedoms of the citizens affected by health measures. To conclude, the article proposes several amendments to improve public health regulations related to contagious diseases. The purpose is to render a legal framework that offers more legal certainty, in which it is possible to protect individual rights and freedoms when measures are adopted, without sacrificing the effective protection of public health. Copyright © 2016 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

Legal assessment of current situation on orphan patients in Lithuania.

Science.gov (United States)

Spokiene, Indre

2008-01-01

After Lithuania joined the European Union, the Regulation (EC) No. 141/2000 on orphan medicinal products and Commission Regulation (EC) No. 847/2000 came into force as part of national legislation. Member States must adopt specific measures to increase knowledge on rare diseases and to improve their detection, diagnosis, and treatment. The aim of this article was to present and to assess the current legal situation on orphan patients and their treatment in Lithuania, to identify legislation gaps, and to propose some ideas how to facilitate the solution of the existing problems in this field. For this purpose, European Union and Lithuanian legal documents on rare medicinal products are examined using a comparative method. With reference to inventory of Member States' incentives for rare diseases in national level, the most important issues, which orphan patients face to in Lithuania, are singled out. In Lithuania, the situation of orphan patients in terms of protection of patient rights is insufficiently determined. The access to effective health care services or approved therapies in some cases is restricted. Working relationships between genetic services and various clinical specialists as well as with those in primary care are not legally determined; the number of clinical trials aimed at orphan medicinal products is low. These results suggest a need for awareness raising among Lithuanian Government, health care specialists, patient organizations about the importance to improve practical implementation of European Union legislation and progressive experience of some European countries in this field.

OSGeo - Open Source Geospatial Foundation

Directory of Open Access Journals (Sweden)

Margherita Di Leo

2012-09-01

Full Text Available L'esigenza nata verso la fine del 2005 di selezionare ed organizzare più di 200 progetti FOSS4G porta alla nascita nel Febbraio2006 di OSGeo (the Open Source Geospatial Foundation, organizzazione internazionale la cui mission è promuovere lo sviluppo collaborativo di software libero focalizzato sull'informazione geografica (FOSS4G.Open   Source   Geospatial   Foundation (OSGeoThe Open Source Geospatial Foundation (OSGeo  is  a  not-for-profit  organization, created  in  early  2006  to  the  aim  at  sup-porting   the   collaborative   development of  geospatial  open  source  software,  and promote its widespread use. The founda-tion provides financial, organizational and legal support to the broader open source geospatial community. It also serves as an independent  legal  entity  to  which  com-munity  members  can  contribute  code, funding  and  other  resources,  secure  in the knowledge that their contributions will be maintained for public benefit. OSGeo also  serves  as  an  outreach  and  advocacy organization for the open source geospa-tial  community,  and  provides  a  common forum  and  shared  infrastructure  for  im-proving  cross-project  collaboration.  The foundation's projects are all freely available and  useable  under  an  OSI-certified  open source license. The Italian OSGeo local chapter is named GFOSS.it     (Associazione     Italiana     per l'informazione Geografica Libera.

About Claims and Realities of Digitization in Current Maritime Transportation Chains

DEFF Research Database (Denmark)

Schramm, Hans-Joachim; Prockl, Günter; Kolar, Petr

availability of documentary paperwork in some digital form, before we show the current context and status of approaches to digitalize them in paperless trade environments. In sum, our analysis shows huge deficits when it comes on negotiable bills of lading, despite the overall legal foundation enabling...

Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

Directory of Open Access Journals (Sweden)

T du Plessis

2008-12-01

Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

Personal Dignity in the European Legal Culture

Directory of Open Access Journals (Sweden)

Lyudmila V. Butko

2017-09-01

Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

Smart Contract Templates: foundations, design landscape and research directions

OpenAIRE

Clack, Christopher D.; Bakshi, Vikram A.; Braine, Lee

2016-01-01

In this position paper, we consider some foundational topics regarding smart contracts (such as terminology, automation, enforceability, and semantics) and define a smart contract as an automatable and enforceable agreement. We explore a simple semantic framework for smart contracts, covering both operational and non-operational aspects, and describe templates and agreements for legally-enforceable smart contracts, based on legal documents. Building upon the Ricardian Contract, we identify op...

The Development of Professional Counseling in Uganda: Current Status and Future Trends

Science.gov (United States)

Senyonyi, Ruth M.; Ochieng, Lois A.; Sells, James

2012-01-01

Professional counseling in Uganda has foundations in traditional cultures of its peoples, guidance offered in schools, and counseling to curb the HIV/AIDS epidemic. Currently, a definitive professional counselor profile in Uganda is being established. The Uganda Counselling Association continues the process of seeking legal authority to regulate…

Foundations in the Law: Classic Cases in Medical Ethics

National Research Council Canada - National Science Library

Zucker, K. W; Allen, Tracy L; Boyle, Martin J; Burton, Amy R; Smyth, Vito S

2007-01-01

.... The converse is also true: decisions within a legal system inform, or impact, ethics -specifically medical ethics The cases discussed in this paper are at the foundation of medical ethics in the United States...

Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia

OpenAIRE

Tamir Moustafa

2013-01-01

Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as b...

Legal issues related to adolescent pregnancy: current concepts.

Science.gov (United States)

Rhodes, A M

1986-09-01

Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.

Protection of the African Lion: A Critical Analysis of the Current International Legal Regime

Directory of Open Access Journals (Sweden)

Samantha Watts

2016-04-01

Full Text Available This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries. This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species

The Role of Awqaf in the 21st Century: An Update on the Developement of Islamic Foundations; Papers Given at a World Foundations Conference, Organized by the Government of Turkey, Istanbul, 23-24th September 2013

OpenAIRE

2013-01-01

Der Reihenband enthält folgende Beiträge: 1. Mohamad Hisham Dafterdar: Legal Issues Related to Endowment (Awqaf) Foundations. 2. Murat Cizakca: The New Waqf Law Prepared by IDB/IRTI and The Kuwait Public Foundation: A Critical Assessment.

Energy Security of Russia and the EU: Current Legal Problems

International Nuclear Information System (INIS)

Seliverstov, S.

2009-01-01

Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

Arbitration Foundation of South Africa

Directory of Open Access Journals (Sweden)

Vladimir O. Kramarenko

2016-12-01

Full Text Available In the present article author explores the history and legal framework for the creation and operation of international commercial arbitration in South Africa. Author notes that South Africa is the most economically developed country in Africa, it is among dozens of major international organizations. From the point of view of the development of the system of law, legal proceedings and arbitration, South Africa is an attractive state for study. Author emphasizes that the South African Republic throughout its existence has been influenced by two legal families: Anglo-Saxon and Romano-Germanic. Therefore, it is important to note that South Africa refers to a mixed system of law. To date, South Africa has two international commercial arbitration: the Arbitration Foundation of South Africa and the Association of Arbitrators. In the conclusion author points out that the development and establishment of the centers of the arbitration fund continues: new centers are being established, and the system of procedures for dealing with cases in already established centers is being improved.

Medical photography: current technology, evolving issues and legal perspectives.

Science.gov (United States)

Harting, M T; DeWees, J M; Vela, K M; Khirallah, R T

2015-04-01

Medical photographic image capture and data management has undergone a rapid and compelling change in complexity over the last 20 years. This is because of multiple factors, including significant advances in ease of photograph capture, alongside an evolution of mechanisms of data portability/dissemination, combined with governmental focus on health information privacy. Literature to guide medical, legal, governmental and business professionals when dealing with issues related to medical photography is virtually nonexistent. Herein, we will address the breadth of uses of medical photography, device properties/specific devices utilised for image capture, methods of data transfer and dissemination and patient perceptions and attitudes regarding photography in a medical setting. In addition, we will address the legal implications, including legal precedent, copyright and privacy law, informed consent, protected health information and the Health Insurance Portability and Accountability Act (HIPAA), as they pertain to medical photography. © 2015 John Wiley & Sons Ltd.

NUEVAS REALIDADES EN EL TERCER SECTOR: LAS APORTACIONES JURÍDICO-ORGANIZATIVAS DE LAS FUNDACIONES CÍVICAS / NEW REALITIES IN THE THIRD SECTOR: THE LEGAL AND ORGANISATIONAL CONTRIBUTIONS OF COMMUNITY FOUNDATIONS

Directory of Open Access Journals (Sweden)

Julio JIMÉNEZ ESCOBAR

2013-01-01

formula in the Third Sector, explaining how they manifest themselves through some present-day examples of good practice in the Spanish scenario. This systematization provides a basis, secondly, for proposing a definition for community foundations, reflecting on the relevance of the term chosen to designate and highlight their key advantages, contributions and innovations compared to other alternative legal forms (such as classical foundations and associations which is leading them to become a phenomenon in social organisational innovation. Finally we outline the intricacies of this type of entity within the Spanish legal system and highlight some of the difficulties and regulatory glitches that could arise if the current regulation, primarily concerned with taxes, does not adequately take into account the characteristics of such entities.

Energy Security of Russia and the EU: Current Legal Problems

Energy Technology Data Exchange (ETDEWEB)

Seliverstov, S.

2009-07-01

Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

Methodology in Legal Research

Directory of Open Access Journals (Sweden)

Tom R. Tyler

2017-12-01

Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

A foundation for foundation phase teacher education: Making wise educational judgements

OpenAIRE

Karin Murris; Clare Verbeek

2014-01-01

We start our paper with a critical exploration of the current ‘back to basics’ approach in South African foundation phase teacher education with its emphasis on strengthening the teaching of subject knowledge. We claim that such a proposal first demands an answer to the question ‘what is foundational in foundation phase teaching?’ We propose an answer in three stages. First we argue that teacher education should be concerned not only with schooling or qualification (knowledge, skills and disp...

Role to Be Played by Independent Geotechnical Supervision in the Foundation for Bridge Construction

Science.gov (United States)

Sobala, Dariusz; Rybak, Jarosław

2017-10-01

Some remarks concerning the necessity of employing an independent and over all ethical geotechnical survey were presented in the paper. Starting from the design phase, through the whole construction process, the importance of geotechnical engineer is stated in legal acts. Numerous testing technologies serve for the calibration of geotechnical technologies and allow for confirming the quality and capacity of piles. Special emphasis was payed to the involvement of scientifical and research institutions which can not only serve services but also can postprocess and methodize collected data. Such databases enable for new codes, methods and recommendations. Selection of deep foundations for bridge-type structures is most often dependent on complex geotechnical conditions, concentrated loads and constraints for pier displacements. Besides the last ones, prior to more common introduction of the design-construct system, could be a convenient justification for design engineer, who imposed deep foundation because he did not want or was not able to estimate the effect of pier settlement on civil engineering structure. The paper provides some notes about the need to engage a geotechnical supervising service of high competency and ethical quality during engineering and construction stages of foundations for bridge-type structures where legal requirements are of special consideration. Successive stages of projects are reviewed and research methods used for current calibration of geotechnical technologies and verification of geotechnical work quality are analysed. Special attention is given to potential involvement of independent R&D institutions which, apart from rendering specific services, also collect and systemize the research results thus enabling, in the long term, to revise engineering standards, instructions and guidelines.

Right to health in Russian Federation: identification of its current stage of constitutional and legal recognition

Directory of Open Access Journals (Sweden)

TARASENKO, Elena

2013-11-01

Full Text Available Russian Federation has made a strong legal commitment to the human right to health through the ratification of several key international human rights laws. Current public health care policies also demonstrate that Russian Federation has committed itself to provide the human right to health protection of people residing with its jurisdiction. All residents of Russia are eligible for medical care free of charge. Medical services are provided directly to patients by government health care providers. This includes general and specialist medical care, hospitalization, diagnostic laboratory services, dental care, maternity care and transportation, free drugs for disabled, medical rehabilitation, etc. The legal basis for the human right to health at the federal level is provided by a variety of legislative acts (codes, federal laws, presidential decrees, decisions and proposals of the government of the Russian Federation, and orders of the government and of the Ministry of Health and other ministries. The legal bas is at the regional level is provided by legislative instruments enacted by the governments of the Subjects of Russian Federation.

Public health legal preparedness in Indian country.

Science.gov (United States)

Bryan, Ralph T; Schaefer, Rebecca McLaughlin; DeBruyn, Lemyra; Stier, Daniel D

2009-04-01

American Indian/Alaska Native tribal governments are sovereign entities with inherent authority to create laws and enact health regulations. Laws are an essential tool for ensuring effective public health responses to emerging threats. To analyze how tribal laws support public health practice in tribal communities, we reviewed tribal legal documentation available through online databases and talked with subject-matter experts in tribal public health law. Of the 70 tribal codes we found, 14 (20%) had no clearly identifiable public health provisions. The public health-related statutes within the remaining codes were rarely well integrated or comprehensive. Our findings provide an evidence base to help tribal leaders strengthen public health legal foundations in tribal communities.

The Legalization of Higher Education

Science.gov (United States)

Badke, Lara K.

2017-01-01

A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

Foundational sources and purposes of authority in Madayin

Directory of Open Access Journals (Sweden)

Danial Kelly

2015-02-01

Full Text Available The Madayin system that continues to be maintained by the Aboriginal Yolngu people of Arnhem Land in the Northern Territory is a holistic system of legal, religious and political authority. A recent increase in publically available information has enabled a broader audience to learn about the Madayin system. This article analyses the foundational sources of authority and purpose in the Madayin system.

The Monopod Bucket Foundation

DEFF Research Database (Denmark)

Bakmar, Christian LeBlanc; Ahle, Kim; Nielsen, Søren A.

2009-01-01

Following the successful installation of a prototype of a monopod bucket foundation, also called a “monopod suction caisson”, at Horns Rev 2 Offshore Wind Farm, Denmark, in 2009, DONG Energy is currently developing a commercialization strategy. The monopod bucket foundation is a promising...

Responsibility as the Foundation of Ethics

DEFF Research Database (Denmark)

Rendtorff, Jacob Dahl

2016-01-01

notion in order to understand the ethical duty in a modern technological civilisation. We can indeed observe a moralization of the concept of responsibility going beyond a strict legal definition in terms of imputability. The paper begins by discussing the humanistic foundations of such a concept......In this paper I would like to show the importance of the concept of responsibility as the foundation of ethics in particular in the fields of politics and economics in the modern civilisation marked by globalization and technological progres. I consider the concept of responsibility as the key...... of responsibility. It treats the historical origins of responsibility and it relates this concept to the concept of accountability. On the basis of this historical determination of the concept I would like to present the definition of the concept of responsibility as fundamental ethical principle that has...

A foundation for foundation phase teacher education: Making wise educational judgements

Directory of Open Access Journals (Sweden)

Karin Murris

2014-12-01

Full Text Available We start our paper with a critical exploration of the current ‘back to basics’ approach in South African foundation phase teacher education with its emphasis on strengthening the teaching of subject knowledge. We claim that such a proposal first demands an answer to the question ‘what is foundational in foundation phase teaching?’ We propose an answer in three stages. First we argue that teacher education should be concerned not only with schooling or qualification (knowledge, skills and dispositions and socialisation, but, drawing on Gert Biesta’s work, also with subjectification (educating the person towards the ability to make wise educational judgements. Secondly, these three aims of education lead to five core principles, and we finish by showing how these principles inform our storied, thinking and multimodal/semiotic curriculum. Our answer to our leading question is that pedagogical ‘know-how’ and views of ‘child’ and ‘childhood’ constitute the subject knowledge that is foundational in the foundation phase curriculum.

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

Against a Systemic Legal History

Directory of Open Access Journals (Sweden)

Simon Roberts

2002-01-01

Full Text Available This paper questions the resort to systems theory as the foundation of an evolutionary legal history. In particular, the theoretical legacy of Niklas Luhmann upon which Marie Theres Fögen proposes to draw seems to have limited application outside a context in which advanced system differentiation is present. Although (like Marx, Durkheim and Weber before him Luhmann drew in a broad evolutionary trajectory, he was concerned principally with “functionally differentiated society”. Earlier phases – covering precisely those formations that historians will presumably focus upon – are very hazily sketched in and relatively poorly theorised. In general, we should not too readily acknowledge “the exhaustion of the paradigm of modernity” (Santos, 1995 or rush to proclaim the obsolescence of multi-dimensional approaches such as those of Bourdieu (1977 and Giddens (1984. Any legal history that marginalises both human actors and the conditional environment has a considerable task in making up the ensuing deficit.

Health and Human Rights : In Search of the Legal Dimension

NARCIS (Netherlands)

Toebes, Brigit

2015-01-01

Abstract: – This paper explores the legal contours of the field of ‘health and human rights’ as a new and emerging field of human rights law. After an analysis of its conceptual foundations, it explains illustrates how health and human rights evolved from a phase of standard-setting to a field that

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.

The interface of legal and esthetic considerations

Science.gov (United States)

Richard C. Smardon

1979-01-01

This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

Whistleblowing and scientific misconduct: renewing legal and virtue ethics foundations.

Science.gov (United States)

Faunce, Thomas Alured; Jefferys, Susannah

2007-09-01

Whistleblowing in relation to scientific research misconduct, despite the benefits of increased transparency and accountability it often has brought to society and the discipline of science itself, remains generally regarded as a pariah activity by many of the most influential relevant organizations. The motivations of whistleblowers and those supporting them continued to be questioned and their actions criticised by colleagues and management, despite statutory protections for reasonable disclosures appropriately made in good faith and for the public interest. One reason for this paradoxical position, explored here, is that whistle blowing concerning scientific misconduct lacks the policy support customarily derived from firm bioethical and jurisprudential foundations. Recommendations are made for altering this situation in the public interest.

Behavioral Indicators of Legal and Illegal Gun Carrying

Science.gov (United States)

2015-05-01

foundation to develop training for law enforcement and security personnel to utilize behavioral indicators in a safe, legal, and effective manner...hope to develop more efficient and effective means of assisting the police to identify and safely interdict persons carrying illegal firearms. This...by Velcro hook and loop fastener tape. Attached to the elastic wrap is a pocket with a security strap that holds the gun in place. When fastened to

College Endowment Funds: A Consideration of Applicable Accounting and Legal Principles.

Science.gov (United States)

Blackwell, Thomas E.; Johns, Ralph S.

1970-01-01

In 1968 the Ford Foundation appointed an Advisory Committee on Endowment Management to study the management of college and university endowment funds with an eye toward the accounting and legal principals of more unconventional investing. The Committee concluded that gains from endowments need not be treated as principal of NACUBO sees this…

Concept Of The Legal System Analysis

Directory of Open Access Journals (Sweden)

Petr E. Zhigockiy

2015-03-01

Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

Bucket foundations under lateral cyclic loading

DEFF Research Database (Denmark)

Foglia, Aligi

failure envelopes. A jacked installation test is successfully compared with existing models. Tests of bucket foundations under lateral loading applied at different loading rates are analysed. As expected, the bearing capacity of bucket foundations under transient lateral loading increases dramatically...... documents on bearing capacity and installation of bucket foundations are reviewed and the results from the models found in literature are compared to the experimental results obtained in the current study. Monotonic tests of bucket foundations under lateral loading until failure are compared with existing...

Senior Legal Counsel | IDRC - International Development Research ...

International Development Research Centre (IDRC) Digital Library (Canada)

Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

The role of foundations: Rockefeller Foundation.

Science.gov (United States)

Rockefeller, David

The consequences of climate change and the impacts of human activity on the environment have made it clearer than ever before that we must evolve our current model of public health to better account for the inextricable link between human health and the natural systems on which it depends-creating a "public health 2.0" that builds on the innovations of the twentieth century to account for a world where humans have bypassed planetary boundaries to achieve well-being. First coined at the Rockefeller Foundation's Centennial gathering in Beijing in 2013, "Planetary Health" will factor in future health and environmental harms over present-day gains, particularly those that disproportionately affect the poor and those in developing nations. To build this new field, foundations must address the challenge of information, increasing support for research to bridge knowledge gaps on the links between economic development, natural systems, and human health.

Telemedicine: licensing and other legal issues.

Science.gov (United States)

Siegal, Gil

2011-12-01

The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

Legal reality of Russia: constants and variables

Directory of Open Access Journals (Sweden)

Andrey Valeryevich Skorobogatov

2015-06-01

Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

Immunization for prevention and treatment of cocaine abuse: legal and ethical implications.

Science.gov (United States)

Cohen, P J

1997-12-15

A cocaine vaccine, currently under investigation by several laboratories, would be an innovative and exciting means of treating and preventing cocaine addiction. However, an approved vaccine will raise at least two major areas of concern. (1) Loss of privacy: cocaine antibodies might be used as a marker to identify, penalize, and stigmatize vaccinated individuals. (2) Selection for vaccination: should immunization be voluntary or compelled: should immunization be restricted to addicts, to those at risk of addiction, or should it be universal; should immunization be used in children? I propose to analogize cocaine addiction to an infectious disease which poses a major public health problem. This approach can provide an ethical and legal foundation on which we may begin to formulate a societal approach to the use of the cocaine vaccine.

[Medical-legal issues of physical and pharmacological restraint].

Science.gov (United States)

Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

2014-03-01

The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

The openEHR Foundation.

Science.gov (United States)

Kalra, Dipak; Beale, Thomas; Heard, Sam

2005-01-01

The openEHR Foundation is an independent, not-for-profit organisation and community, facilitating the creation and sharing of health records by consumers and clinicians via open-source, standards-based implementations. It was formed as a union of ten-year international R&D efforts in specifying the requirements, information models and implementation of comprehensive and ethico-legally sound electronic health record systems. Between 2000 and 2004 it has grown to having an on-line membership of over 300, published a wide range of EHR information viewpoint specifications. Several groups have now begun collaborative software development, within an open source framework. This chapter summarises the formation of openEHR, its research underpinning, practical demonstrators, the principle design concepts, and the roles openEHR members are playing in international standards.

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

Directory of Open Access Journals (Sweden)

Bilal Dewansyah

2015-08-01

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

Engaging Girls in STEM: A Discussion of Foundational and Current Research on What Works

Science.gov (United States)

Sharma, M.; Peterson, K. A.; Bleacher, L. V.; Smith, D. A.

2012-08-01

This article summarizes a panel discussion with Jolene Jesse (Program Director, NSF Research on Gender in Science and Engineering program) and Laura Migus (Director of Equity & Diversity at the Association of Science Technology Centers) on research related to gender in science, technology, engineering and math (STEM). Moderated by Ms. Karen Peterson from the NSF-funded National Girls Collaborative Project, Dr. Jesse and Ms. Migus discussed foundational and current research on pressing questions about the lack of gender diversity in STEM advanced education and careers, and on strategies the EPO community could employ in designing and implementing programs to encourage more girls and women to engage in STEM for the long term.

The Politics of Legal Arrangements

DEFF Research Database (Denmark)

Leander, Anna

2018-01-01

This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

Cannabis use and support for cannabis legalization

NARCIS (Netherlands)

Palali, Ali; van Ours, Jan

2017-01-01

We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of

Health Law as a Legal Discipline

DEFF Research Database (Denmark)

Madsen, Helle Bødker

2011-01-01

The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

Semantiz Structure of the Legal Term

Directory of Open Access Journals (Sweden)

Екатерина Владимировна Кулевская

2016-12-01

Full Text Available The article examines the semantic structure of the legal term. Nowadays, with the rapid development of cross-cultural communication, people, while pursuing their professional career, learn specific languages, including the language of law, with terms being its important component. Terms can often impede the process of successful cross-cultural communication so teaching cross-cultural communication, according to many researchers, including P. Cranmer and K. Koskinen, is immensely important. The article aims to demonstrate that a legal term, a word or phrase used in legislation, is a generalized name for a legal concept that may lack a precise meaning in practice as it is polysemous. To proof this statement, the semantic structure of the legal term is studied from the cognitive point of view. The key terms (term, frame, lexico-semantic variant of a word, microframe (reference category are defined at the beginning of the article. The article also describes the classification of various semantic structures of terms developed by Prof. Belyayevskaya, based on an analysis of the cognitive foundations of the typology of semantic structures as well as on the classification of meanings. They are homogeneous semantic structures, with different lexico-semantic variants of a polysemous word representing different aspects of one microframe; these structures include monosemous terms, polysemous terms with a homogeneous semantic structure, and terms with the intermediate type of lexemes. Heterogeneous semantic structures are semantic structures, with a lexico-semantic variant of a word representing two or more reference categories rather than one category; these structures are considered to be “classical” polysemy. Two types of such structures are introduced in the article, with examples of the actualization of their lexical meaning in speech being analysed (there were used examples from the British and Russian National corpora; official legal documents and

The users of legal information

Directory of Open Access Journals (Sweden)

Fabio Assis Pinho

2012-04-01

Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

Policy framework and legal forms of social enterprise in Central and Eastern Europe

Directory of Open Access Journals (Sweden)

Staicu Daniela

2017-07-01

Full Text Available In Central and Eastern European countries, the transition to a market economy stimulated civil society initiatives that in the past had been either discouraged or had become part of the Communist state system, and opened new pathways to entrepreneurial initiatives. The 1990s was an open window to the creation of a significant number of non-profit organizations, including the pioneering establishment of the first social enterprises. When these countries became members of the European Union, the process of legal institutionalization of social enterprises started to be discussed and has taken place at various stages. The purpose of this paper is to provide a comprehensive overview of the policy frameworks and the legal forms and of social enterprises in eight countries: Bulgaria, Croatia, the Czech Republic, Hungary, Poland, Romania, Slovakia, and Slovenia. The research seeks to determine the extent to which the development of national policy frameworks influences the development of legal forms under which social enterprises operate. For the purpose of this analysis, data were collected from relevant to this subject country reports, studies, laws released between 2009 and 2016. The research shows that European social enterprises are often ‘hidden’ among existing legal forms either as associations and foundations with commercial activities, cooperatives serving general or collective interests and mainstream enterprises pursuing an explicit and primary social aim. Further research needs to be done to determine the potential for growth of entities operating as associations and foundations with commercial activities. Furthermore, the research concluded that the countries with specific laws on social entrepreneurship generate 61 % of the social economy activity in Central and Eastern European countries. Further research needs to be done to determine if introducing a social enterprise specific legal form, will stimulate the development of the

Legal Framework of the Water Sector in Vietnam

OpenAIRE

Nguyen, Thi Phuong Loan

2010-01-01

Since 1986 and especially during the early 90s, environmental protection has become a constitutional principle in Vietnam as regulated by Articles 17 and 29 of the 1992 Constitution. The first Law on Environmental Protection, passed by the National Assembly on December 27, 1993 created a foundation for environmental legislation becoming an important field in Vietnam’s legal system. In the following, in January 1999, Vietnam enacted its very first Law on Water Resources (No. 08/1998/QH10) aimi...

What makes health public?: a critical evaluation of moral, legal, and political claims in public health

National Research Council Canada - National Science Library

Coggon, John

2012-01-01

.... Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health"--

Legal Instruments of Regulation of Development of Banking Activity in Ukraine

Directory of Open Access Journals (Sweden)

Senyshch Pavlo M.

2014-03-01

Full Text Available The article considers main approaches to identification of essence of legal instruments of regulation of development of the banking activity, identifies the mechanism of legal regulation of the banking activity and its elements and justifies the system and form of legal regulation of the banking activity in Ukraine. It describes subjects of legal regulation of the banking activity at the international level, which are the Basel Committee on Banking Supervision, European Central Bank, IMF, International Financial Reporting Standards Foundation and others. The article considers specific features of the regulatory requirements of Basel II and Basel III and specific features of their introduction into the banking activity. It describes anti-cyclic measures offered by the Basel Committee, which should facilitate formation of such conditions, under which the banking sector could have a lower level of leverage and stability with respect to influence of system risks. Significant attention is paid to international instruments of regulation of the banking activity, which include the following legal acts: Uniform Rules for Collections, Uniform Customs and Practice for Documentary Credits, and Unified Rules for Loan Guarantees. The article shows that the share of subordinate legal acts is significant in the Ukrainian system of banking regulatory and legal acts since the state cannot operatively react to the changing processes in banking at the legislative level and, that is why, basic provisions on carrying out banking activity should be fixed in law.

Sexual dysfunction in multiple myeloma: survivorship care plan of the International Myeloma Foundation Nurse Leadership Board.

Science.gov (United States)

Richards, Tiffany A; Bertolotti, Page A; Doss, Deborah; McCullagh, Emily J

2011-08-01

The World Health Organization describes sexuality as a "central aspect of being human throughout life and encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy, and reproduction. Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical, religious, and spiritual factors." Currently, no research has been conducted regarding sexual dysfunction in patients with multiple myeloma; therefore, information related to the assessment and evaluation of sexual dysfunction is gleaned from other malignancies and diseases. In this article, members of the International Myeloma Foundation's Nurse Leadership Board discuss the definition, presentation, and causes of sexual dysfunction; provide recommendations for sexual assessment practices; and promote discussion among patients with multiple myeloma, their healthcare providers, and their partners.

Industrial Foundations in the Tax System

DEFF Research Database (Denmark)

Nielsen, Søren Bo

This paper attempts to place industrial foundations (IFs in the following; similar to trusts) in the tax system. An industrial foundation is a private foundation that holds a voting majority in a joint stock corporation. These IFs are probably more prevalent in Denmark than in any other country......? The paper explores the implications of treating IFs as high‐income earners (wealthy individuals) and draws the conclusion that in the current system, IFs are very leniently taxed relative to that benchmark. Lenient tax treatment relative to the norm is regularly interpreted as tax expenditures; the usual...

Water Property Models as Sovereignty Prerogatives: European Legal Perspectives in Comparison

Directory of Open Access Journals (Sweden)

Dario Casalini

2010-08-01

Full Text Available Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes. The models led respectively to the establishment of administrative systems of water rights and markets of water rights. According to the first, public authorities’ power to manage and preserve water resources is grounded in a derogatory regime, whereby water rights, grounded on licenses or concessions, are neither transferable nor tradeable. On the contrary, environmental and social concerns in water market schemes must be enforced by means of regulation, thus limiting private property rights on water, in compliance with the constitutional and common law constraints set out to protect the minimum content of property as a fundamental human right.

Discrimination of legal entities: Phenomenological characteristics and legal protection

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2017-01-01

Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

Buckling of Bucket Foundations During Installation

DEFF Research Database (Denmark)

Madsen, Søren

There is a great politically will to expand the green energy market in these times. A proven green technology is wind turbines. Wind turbines have been installed in great numbers on land over the last decades. However, the current development in wind turbine design leads to larger turbine sizes...... in order to reduce the cost of energy. This limits the on land application due to transportation limitations and unwillingness from prospect neighbours. Thus, offshore wind energy started developing over the last couple of years. Although installing the wind turbines offshore resolves the before men tioned...... issues, it brings up the cost of energy mainly due to increased installation and maintenance costs. A very large part—up to 30–50% using current technology—of the installation cost origins from the expenses related to the installation of foundations. A new foundation concept—the bucket foundation...

Comparative study of the legal status of NGOs in Iran and France: from the establishment to work

Directory of Open Access Journals (Sweden)

Mohammad Hossein Ramazani Ghavamabadi

2015-12-01

Full Text Available THE NGOs one of the most important -state actors. For this to compile useful organizations the state regulations regarding established and codified their activity. This study sought to explain the issue and established barter their activities in two Iranian legal system and France. In Iranian legal system regulations in the founded and barter their activity there is in comparison with France legal system a bit tough. supervision previous in establishment time and supervision next previous after the foundation and all activities are subjects in this study compared to that between the two legal system under study. One of the most prominent works of the identified legal personality for this organization are the case. The new penal trial Iran inspired by the French Penal procedure law a step forward in support of the presence of the barter their punishment in the process. What is important is the codification of legal about cathedral establishment of this organization are derived from the experience of the other legal system legal system including the French so that through this the presence and activities of these organizations in the fields of different facilitation.

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...

Preimplantation diagnosis to create 'saviour siblings': a critical discussion of the current and future legal frameworks in South Africa.

Science.gov (United States)

Strode, Ann; Soni, Sheetal

2011-12-14

Pre-implantation genetic diagnosis (PGD) is a technology used in conjunction with in vitro fertilisation to screen embryos for genetic conditions prior to transfer. It was initially developed to screen mutations for severe, irreversible, genetic conditions. Currently, PGD makes it possible to select against more than 100 different genetic conditions. It has been proposed as a method for creating a tissue-matched child who can in turn serve as a compatible stem cell donor to save a sick sibling in need of a stem cell transplant. The advantage of this method is that it provides genetic information before implantation of an embryo into the womb, making it possible to ensure that only tissue-matched embryos are transferred to the uterus. A couple can therefore avoid the difficult choice of either terminating the pregnancy at a later point if the fetus is not a match, or extending their family again in the hope that their next child will be tissue compatible. Many people have expressed disapproval of the use of PGD for this purpose, and it is associated with many conflicting interests including religion, ethics as well as legal regulation. In order to manage these issues some jurisdictions have created legal frameworks to regulate the use of this technology. Many of these are modelled on the UK's Human Fertilisation and Embryology Authority and its guardian legislation. This paper critiques the current and future South African legal framework to establish whether it is able to adequately regulate the use of PGD as well as guard against misuse of the technology. It concludes that changes are required to the future framework in order to ensure that it regulates the circumstances in which PGD may occur and that the Minister of Health should act expediently in finalising draft regulations which will regulate PGD in the future.

Weaponisation of Space - Some Legal Considerations

Science.gov (United States)

Jolly, C.

2002-01-01

This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

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.

The Question of the Legal Nature and Status of Real Estate Objects for Religious Purposes

Directory of Open Access Journals (Sweden)

Roman V. Tupikin

2016-12-01

ABSTRACT: The article is devoted to research of the texts of foreign laws, regulations, and concordats on property relations between the state and religious institutions, on property rights of religious institutions and property relations in religious institutions (regarding property objects for religious purposes, on the status of some property objects for religious purposes. The author of the research analyzed the features of legal and contractual regulation of property relations of religious institutions and the status of property objects for religious purposes. The methodological foundation of the research presented has comparative and legal research method as the basis.

"The Trampoline Tree and the Swamp Monster with 18 Heads": Outdoor Play in the Foundation Stage and Foundation Phase

Science.gov (United States)

Waller, Tim

2007-01-01

This paper considers pedagogy and outdoor play in the early years. The particular focus is on the specific features and benefits of outdoor play in the Foundation Stage (England) and Foundation Phase (Wales). The paper will draw on current international literature and evidence from outdoor learning constructed in an ongoing research project in two…

The Remote Employment: Current Trends in the Organization and Remuneration of Labor

Directory of Open Access Journals (Sweden)

Herasymenko Oksana O.

2017-11-01

Full Text Available The article is aimed at distinguishing between the concepts of «freelance», «remote employment», «work from home» with highlighting of differences affecting the organizational-legal format and the economic aspects of social and labor relations between the parties to the agreements on work in remote mode. The prerequisites for the emergence of the non-standard forms of employment in the conditions of establishing the post economy and the electronic-network society have been determined. The data of sociological researches on the current condition and prospects of prevalence of remote employment in Ukraine have been provided. The types and forms of remote employment have been generalized according to different classifications. Using a number of criteria, the article discloses characteristic features of such atypical forms of employment as freelance, distance employment, and work from home. The disadvantages of the atypical forms of employment have been allocated and their advantages have been generalized. An analysis of the current normative-legal regulation has been carried out and the substantiation of organizational and economic foundations of freelancing, remote employment, work from home in Ukraine has been provided.

Empirical Design of Scour Protections around Monopile Foundations

DEFF Research Database (Denmark)

De Vos, L.; De Rouck, J.; Troch, P.

2011-01-01

in a current alone situation), at present, little design guidelines exist for the specific case of a scour protection around a monopile foundation subjected to a combined wave and current loading. This paper describes the derivation of a static design formula to calculate the required stone size for a scour......Together with new opportunities, offshore wind farms raise new engineering challenges. An important aspect relates to the erosion of bottom material around the foundation of the wind turbines, caused by the local increase of the wave and current induced flow velocities by the pile's presence....... Typically, the expected scour has a considerable impact on the stability and dynamic behavior of the wind turbine and a scour protection is placed to avoid erosion of the soil close to the foundation. Although much experience exists on the design of scour protections around bridge piers (which are placed...

Legal issues in cash balance pension plan conversions.

Science.gov (United States)

Forman, J B

2001-01-01

Replacing a traditional pension with a cash balance plan raises a number of complicated and unsettled legal issues, including the protection of accrued benefits, the rate of benefit accrual, age discrimination and notice requirements. This article discusses those issues and concludes that routine conversions to cash balance plans appear to be legal both currently and into the foreseeable future.

Relationship Marketing in Legal Services Marketing Strategy

OpenAIRE

Audronė Androšiūnaitė; Borisas Melnikas

2013-01-01

The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...

Charitable Foundation for Education and Science as a channel of funding of universities in Germany

Directory of Open Access Journals (Sweden)

Kadikina Anastasiia Aleksandrovna

2013-09-01

Full Text Available The legal, organizational and financial characteristics of charitable foundations of Germany are explored in the paper. The funds for the support of education and science as an additional channel of the financial provision of higher education are considered. Emphasizes the importance of the development of various forms and methods of financing of higher education through extra-budgetary sources.

Deliverable 7.1: Legal Framework and Legal Barriers to an Offshore HVDC Electricity Grid in the North Sea : Intermediate Report for Stakeholder Review

NARCIS (Netherlands)

Nieuwenhout, C.T.

The present deliverable elaborates the current legal framework for offshore wind and grid development on international, European and national level. It is shown that often, the legal framework needs to be adapted in order to facilitate the development of a meshed offshore electricity grid. This is

Medical practice and legal background of decisions for severely ill newborn infants: viewpoints from seven European countries.

Science.gov (United States)

Sauer, P J J; Dorscheidt, J H H M; Verhagen, A A E; Hubben, J H

2013-02-01

To comparing attitudes towards end-of-life (EOL) decisions in newborn infants between seven European countries. One paediatrician and one lawyer from seven European countries were invited to attend a conference to discuss the practice of EOL decisions in newborn infants and the legal aspects involved. All paediatricians/neonatologists indicated that the best interest of the child should be the leading principle in all decisions. However, especially when discussing cases, important differences in attitude became apparent, although there are no significant differences between the involved countries with regard to national legal frameworks. Important differences in attitude towards neonatal EOL decisions between European countries exist, but they cannot be explained solely by medical or legal reasons. ©2012 The Author(s)/Acta Paediatrica ©2012 Foundation Acta Paediatrica.

The Development of the Interface between Law, Medicine and Psychiatry: Medico-Legal Perspectives in History

Directory of Open Access Journals (Sweden)

M Swanepoel

2009-12-01

Full Text Available Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible acts of impostors. Various legal codes dealing with medical malpractice existed in Egypt, Mesopotamia, China, Islam, Greece, Rome, Persia and India. Over the course of the past 30 years, interest in the history of psychiatry has boomed. Much of this proliferation of interest has taken place under the broad influence of postmodernism and has resulted in multiple and diverse histories that no longer seek to provide a linear narrative of constant evolutionary progress. Rather, these new histories explore and disrupt taken for granted assumptions about the past and provide a starting point for discussion and debate about the some of the very foundations of mental health care in South Africa. As a matter of practical importance knowledge of how knowledge accrues and knowledge of the mistakes of the past is of prime importance in preventing similar mistakes in present and future work. An important reason for specifically understanding historical psychiatry is the fact that many of the uncertainties experienced in the present are a direct result of decisions made in the past. The key issue is that while it is tempting to experience current psychiatric and legal approaches towards the mentally disordered as natural and permanent, an understanding of the past helps mental health and legal practitioners to see things in a different perspective. Psychiatric and legal approaches towards the mentally disordered have changed over time and can undoubtedly also be changed in future. Therefore, the research conducted in this article focuses on the history and development of law and psychiatry including prehistoric times, the Arabian countries, the Nile Valley as well as Greece and Rome.

Alzheimer's disease and the law: positive and negative consequences of structural stigma and labeling in the legal system.

Science.gov (United States)

Werner, Perla; Doron, Israel Issi

2017-11-01

To explore the meaning and consequences of labeling on structural stigma in the context of Alzheimer's disease (AD) in the legal system. This qualitative study was made up of three focus groups including social workers and lawyers (n = 26). Participants were asked to report their experience in circumstances in which persons with AD and their family members engage with the legal system. Thematic analysis using the constant comparative method was used. The discussions in the focus groups raised two overall themes. (1) The significance of the medical diagnostic labeling of AD in the legal system and (2) the consequences of labeling of AD within the legal system. This last theme included four sub-themes: (a) negative consequences of labeling; (b) reasons associated with negative consequences of labeling; (c) positive consequences of labeling; and (d) reasons associated with positive consequences of labeling. Findings of the study provide a first foundation for future research on the meaning and consequences of labeling in legal cases involving persons with AD. They suggest that increasing judges' knowledge about AD and reforming the existing 'status-based' legal capacity legislation might benefit by limiting the legal weight given today to the medical diagnosis.

COMPARATIVE ANALYSIS OF ADMINISTRATIVE AND LEGAL PRINCIPLES OF TAX ADMINISTRATION IN THE CONDITIONS OF DECENTRALIZATION IN EUROPE AND UKRAINE

Directory of Open Access Journals (Sweden)

Leonid Mogilevskyi

2017-12-01

Full Text Available The aim of the article is a comparative analysis of the administrative and legal regulation of tax administration in European countries and in Ukraine and the definition of ways to improve domestic legislation in this field on this basis. The subject of the study is the administrative and legal principles of tax administration in the conditions of decentralization of state power. Methodology. The study is based on a comparison of the foreign experience of legal regulation and collection of local taxes by using the example of European states with the current state of the process of introducing tax decentralization in Ukraine. Due to the use of this amount of general scientific and specialscientific methods and methods of scientific knowledge, the content of the administrative and legal foundations of tax administration, as well as legal phenomena such as tax decentralization, were characterized and defined. The conclusions that we made helped us to determine the specifics of their administrative-legal regulation in some countries of Europe and in Ukraine. The results of the conducted comparative legal study made it possible to prove the direct impact of tax decentralization on the mechanism of tax administration and the systematic organization of tax authorities. These processes have a predominantly positive impact on macroeconomic processes, they broaden the rights and opportunities of local authorities regarding the use of funds by local governments, forecasting and approving regional budgets, and managing taxes and fees. Practical impact. The administration of taxes in the conditions of decentralization in Europe can be characterized by a high level of efficiency and functionality of the work of the territorial tax-control bodies. This experience is really necessary for Ukraine, where the activities of local self-government in some areas are limited by the central apparatus. Value/originality. A comparative legal study of world experience in

The Gender Pay Gap in Europe from a Legal Perspective

OpenAIRE

FOUBERT, Petra

2010-01-01

The principle of equal pay for men and women for work of equal value has been key to the European Union ever since its foundation. It was laid down in the original Treaty, and brought into practice by several directives. Also the Court of Justice's case law has boosted its importance. Notwithstanding these efforts at the legal level, the average gender pay gap for the 27 EU Member States (17.6% in 2008) is hardly diminishing. It is against this worrisome background that the European Commision...

Aspects of dento/medico-legal report writing.

Science.gov (United States)

Wood, Geoff D

2014-03-01

This paper offers some guidance on aspects of dento/medico-legal report writing, citing anonymized examples from the author's caseload for clarification of the points made, and also serves to illustrate that sometimes not everything is as straightforward as it may initially appear. It provides reference to the current Civil Procedure Rules in England and Wales and its relevance in report writing. To provide guidance on aspects of dento/medico-legal report writing.

The logical foundations of forensic science: towards reliable knowledge.

Science.gov (United States)

Evett, Ian

2015-08-05

The generation of observations is a technical process and the advances that have been made in forensic science techniques over the last 50 years have been staggering. But science is about reasoning-about making sense from observations. For the forensic scientist, this is the challenge of interpreting a pattern of observations within the context of a legal trial. Here too, there have been major advances over recent years and there is a broad consensus among serious thinkers, both scientific and legal, that the logical framework is furnished by Bayesian inference (Aitken et al. Fundamentals of Probability and Statistical Evidence in Criminal Proceedings). This paper shows how the paradigm has matured, centred on the notion of the balanced scientist. Progress through the courts has not been always smooth and difficulties arising from recent judgments are discussed. Nevertheless, the future holds exciting prospects, in particular the opportunities for managing and calibrating the knowledge of the forensic scientists who assign the probabilities that are at the foundation of logical inference in the courtroom. © 2015 The Author(s) Published by the Royal Society. All rights reserved.

Problem solving in foundation engineering using foundationPro

CERN Document Server

Yamin, Mohammad

2016-01-01

This book is at once a supplement to traditional foundation engineering textbooks and an independent problem-solving learning tool. The book is written primarily for university students majoring in civil or construction engineering taking foundation analysis and design courses to encourage them to solve design problems. Its main aim is to stimulate problem solving capability and foster self-directed learning. It also explains the use of the foundationPro software, available at no cost, and includes a set of foundation engineering applications. Taking a unique approach, Dr. Yamin summarizes the general step-by-step procedure to solve various foundation engineering problems, illustrates traditional applications of these steps with longhand solutions, and presents the foundationPro solutions. The special structure of the book allows it to be used in undergraduate and graduate foundation design and analysis courses in civil and construction engineering. The book stands as valuable resource for students, faculty, ...

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

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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.

Race and the fragility of the legal distinction between juveniles and adults.

Directory of Open Access Journals (Sweden)

Aneeta Rattan

Full Text Available Legal precedent establishes juvenile offenders as inherently less culpable than adult offenders and thus protects juveniles from the most severe of punishments. But how fragile might these protections be? In the present study, simply bringing to mind a Black (vs. White juvenile offender led participants to view juveniles in general as significantly more similar to adults in their inherent culpability and to express more support for severe sentencing. Indeed, these differences in participants' perceptions of this foundational legal precedent distinguishing between juveniles and adults accounted for their greater support for severe punishment. These results highlight the fragility of protections for juveniles when race is in play. Furthermore, we suggest that this fragility may have broad implications for how juveniles are seen and treated in the criminal justice system.

Forensic bitemark identification: weak foundations, exaggerated claims

Science.gov (United States)

Saks, Michael J.; Albright, Thomas; Bohan, Thomas L.; Bierer, Barbara E.; Bowers, C. Michael; Bush, Mary A.; Bush, Peter J.; Casadevall, Arturo; Cole, Simon A.; Denton, M. Bonner; Diamond, Shari Seidman; Dioso-Villa, Rachel; Epstein, Jules; Faigman, David; Faigman, Lisa; Fienberg, Stephen E.; Garrett, Brandon L.; Giannelli, Paul C.; Greely, Henry T.; Imwinkelried, Edward; Jamieson, Allan; Kafadar, Karen; Kassirer, Jerome P.; Koehler, Jonathan ‘Jay’; Korn, David; Mnookin, Jennifer; Morrison, Alan B.; Murphy, Erin; Peerwani, Nizam; Peterson, Joseph L.; Risinger, D. Michael; Sensabaugh, George F.; Spiegelman, Clifford; Stern, Hal; Thompson, William C.; Wayman, James L.; Zabell, Sandy; Zumwalt, Ross E.

2016-01-01

Abstract Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification—highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications—highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence. PMID:28852538

Corpus-based critical discourse analysis as a method of exploring underlying ideologies and self-representation strategies in legal texts

DEFF Research Database (Denmark)

Potts, Amanda; Kjær, Anne Lise

that legal language can be subjective and emotive. The semantic field of ‘crime’ is an expected key, but concordance analysis shows ideological skew in discursive construction of crimes/victims. For instance, ‘rape’/‘sexual assault’ co-occurs with female victims, whereas ‘torture’/‘outrages upon personal......Legal language is an integral and foundational party of our social reality, but it is underrepresented in interdisciplinary, critical linguistic analyses. This is perhaps because language is more objective and formulaic than media texts, which can be more subjective and emotive (Kjær and Palsbro......, 2008). In this paper, I demonstrate how a corpus-based critical discourse analysis of legal language can expose hidden traces of the underlying ideologies of text creators, while demonstrating how identity can be performed in legal texts. Research is based on a half-million-word corpus of annual...

Cannabis use and support for cannabis legalization

OpenAIRE

Palali, A. (Ali); Ours, Jan

2016-01-01

textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...

A study on the improvement of the legal system concerning Korean Atomic Energy Act

International Nuclear Information System (INIS)

Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub

1998-03-01

Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations

A study on the improvement of the legal system concerning Korean Atomic Energy Act

Energy Technology Data Exchange (ETDEWEB)

Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub [Chungnam National Univ., Taejon (Korea, Republic of)

1998-03-15

Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations.

Database of Legal Terms for Communicative and Knowledge Information Tools

DEFF Research Database (Denmark)

Nielsen, Sandro

2014-01-01

foundations of online dictionaries in light of the technical options available for online information tools combined with modern lexicographic principles. The above discussion indicates that the legal database is a repository of structured data serving online dictionaries that search for data in databases......, retrieve the relevant data, and present them to users in predetermined ways. Lawyers, students and translators can thus access the data through targeted searches relating directly to the problems they need to solve, because search engines are designed according to dictionary functions, i.e. the type...

Legal mentality: the interpretation of the scientific discourse

Directory of Open Access Journals (Sweden)

Ігор Олексійович Поліщук

2016-06-01

, until recently, there was a certain shade of secondary and subordinate legal mentality. Such categorical secondary importance legal mentality has remained and when the term began to be actively used in the science of law. It is proved that the concept of «legal mentality» has a great heuristic potential and should be the focus of current research.

Psychological and sociological research and the decriminalization or legalization of prostitution.

Science.gov (United States)

Rio, L M

1991-04-01

In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

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

Science.gov (United States)

Heiner, Tamás; Barzó, Tímea

2014-09-21

dogmatic and practical problems related to this topic. Another important area of current analysis is the institution of injury fees, which replaced the reimbursement of non-pecuniary damages. The mere fact of infringement allows setting injury fees. Taking into consideration the current resources in staff and equipment available in healthcare, this regulation may promote claims for injury fees impartial. Consequently, courts will have to apply other criteria when judgment in 'trivial cases', which might not require legal assessment, is delivered.

Ethical issues in medico-legal exposures

International Nuclear Information System (INIS)

O'Reilly, G.; Malone, J. F.

2008-01-01

The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

Defining Legal Moralism

DEFF Research Database (Denmark)

Thaysen, Jens Damgaard

2015-01-01

This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

RTI Confusion in the Case Law and the Legal Commentary

Science.gov (United States)

Zirkel, Perry A.

2011-01-01

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

Prevention of bacterial endocarditis: current practice in The Netherlands. Netherlands Heart Foundation

NARCIS (Netherlands)

van der Meer, J. T.

1995-01-01

A working party of the Netherlands Heart Foundation has formulated guidelines which are simple and uniform in order to encourage maximum compliance. They have been widely publicised among medical and dental practitioners as well as patients. Cardiac conditions requiring or not requiring prophylaxis

Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

Science.gov (United States)

Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K.; Morsi, Hisham

2017-01-01

Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour. PMID:29186780

Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

Directory of Open Access Journals (Sweden)

Muthanna Samara

2017-11-01

Full Text Available Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK. Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment.

Science.gov (United States)

Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K; Morsi, Hisham

2017-11-24

Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

Cold Climate Foundation Retrofit Energy Savings: The Simulated Energy and Experimental Hygrothermal Performance of Cold Climate Foundation Wall Insulation Retrofit Measures -- Phase I, Energy Simulation

Energy Technology Data Exchange (ETDEWEB)

Goldberg, L. F.; Steigauf, B.

2013-04-01

A split simulation whole building energy/3-dimensional earth contact model (termed the BUFETS/EnergyPlus Model or BEM) capable of modeling the full range of foundation systems found in the target retrofit housing stock has been extensively tested. These foundation systems that include abovegrade foundation walls, diabatic floors or slabs as well as lookout or walkout walls, currently cannot be modeled within BEopt.

Cold Climate Foundation Retrofit Energy Savings. The Simulated Energy and Experimental Hygrothermal Performance of Cold Climate Foundation Wall Insulation Retrofit Measures -- Phase I, Energy Simulation

Energy Technology Data Exchange (ETDEWEB)

Goldberg, Louise F. [NorthernSTAR Building America Partnership, Minneapolis, MN (United States); Steigauf, Brianna [NorthernSTAR Building America Partnership, Minneapolis, MN (United States)

2013-04-01

A split simulation whole building energy / 3-dimensional earth contact model (termed the BUFETS/EnergyPlus Model or BEM) capable of modeling the full range of foundation systems found in the target retrofit housing stock has been extensively tested. These foundation systems that include abovegrade foundation walls, diabatic floors or slabs as well as lookout or walkout walls, currently cannot be modeled within BEopt.

Responding to violence against women: social science contributions to legal solutions.

Science.gov (United States)

Portwood, Sharon G; Heany, Julia Finkel

2007-01-01

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

Formation of ideal of legal personality

Directory of Open Access Journals (Sweden)

Віта Олександрівна Сліпенчук

2016-01-01

existence law is focused.; 2 the idea of the presence of appropriate freedoms in personality (freedom is revealed as the spiritual foundation of not only the personality, but also society and natural rights. Rights in turn, act as a form of social relations and independent personalities, behavior and interaction of which is subject to the general rules. Independence of subjects in relation to each other and their joint subjecting to common standards define the content of the legal form of freedom.

Particularities of flat foundations for offshore wind power plants; Besonderheiten bei Flachgruendungen fuer Offshore-Windenergieanlagen

Energy Technology Data Exchange (ETDEWEB)

Miehe, Alina; Hartwig, Udo [Ed. Zueblin AG, Stuttgart (Germany). Technologiezentrum Erneuerbare Energien, Zentrale Technik

2012-07-01

Interest in offshore wind energy installations has increased significantly in Germany and globally. In Germany only foundation structures secured by piles are currently being constructed. However, a gravity foundation has major advantages in particular because of the self-restoring effect. In this contribution the soil mechanical behaviour of a gravity foundation is described and the currently valid standards and regulations for the dimensioning of the foundation listed. It is clear that regulations for gravity foundations in particular still require development. With regard to the test foundation, which has already been described in detail in previous publications, there follows a brief description of the laboratory programme and a short summary of the latest test foundation results. (orig.)

What is legal medicine--are legal and forensic medicine the same?

Science.gov (United States)

Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

Indonesian legal framework to support innovation sustainability

Science.gov (United States)

Pratama, Bambang

2018-03-01

The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

Energy transition and legal transition: renewable energies development in France

International Nuclear Information System (INIS)

Darson, Alice

2015-01-01

The way to an energy transition will be reached with an integration of renewable energies in our energy mix. This development includes a legal transition because the current legal context that applies to green energies is not efficient and does not contribute to this emergency. Changing the legal frame becomes a necessity and particularly the way these energies are governed, planned and supported. It's also important that administrative procedures that regulate the implantation of energies production system are set. At last, this legal transition will have to conciliate imperatives linked to the development of renewable energies with those governing the protection of surroundings, all aiming to a sustainable development. (author) [fr

The Flood, the Channels and the Dykes: Managing Legal Information in a Globalized and Digital World

NARCIS (Netherlands)

Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

2008-01-01

Information search and retrieval are part of daily routines of the legal profession. Lawyers, judges, prosecutors, and legal clerks usually access a number of electronic resources to browse, search, select, or update legal contents. Legal databases have currently become large digital libraries where

Relationship Marketing in Legal Services Marketing Strategy

Directory of Open Access Journals (Sweden)

Audronė Androšiūnaitė

2013-04-01

Full Text Available The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current clients and competitors, also – singularity of the professional services.Article in Lithuanian

Legal status and organizational structure of commodities excange in Slovakia

Directory of Open Access Journals (Sweden)

Nada Petričević

2011-07-01

Full Text Available Commodities exchange is an important element of market economy of a country. Being an organized commodities and capital market, it goes beyond the trade in a trade fair and particular trade in real commodities. It includes trading in exchangeable goods by standard label. As foundation of commodities exchange is expected in Croatia, the paper will explicate its status and operation in Slovakia, an EU member state that is similar to our country. The paper will focus on the legal status and organizational structure of consumer goods market in Bratislava. Although it has existed for just over 15 years, it is important to note that it actually goes back to the pre-Second World War Czechoslovakia. Also, to provide better understanding of its functioning, regulations defining the foundation and functioning of the commodities market will also be presented as well as the profile, method and types of operations, together with its positive effects.

Legal Hybrids

DEFF Research Database (Denmark)

Herrmann, Janne Rothmar

2009-01-01

in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

Accounting Standards and Legal Capital in EU Law

Directory of Open Access Journals (Sweden)

Loukas Panetsos

2016-09-01

Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.

Regional Legal Assistance

Directory of Open Access Journals (Sweden)

Abdul Fatah

2015-06-01

Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

What the History of Drugs Can Teach Us About the Current Cannabis Legalization Process: Unfinished Business.

Science.gov (United States)

Adrian, Manuella

2015-01-01

Over time, there have been considerable changes in the variety, availability, production, distribution, and use and user(s) of psychoactive substances, the meaning of substance use and its impact on users and their social or physical environment(s). This article reviews the mechanisms of introduction of psychoactive substances such as alcohol, tobacco, coffee, tea and cannabis to populations and communities that did not have them before. It considers the historical tension between early adopters who greet new substances with various levels of enthusiasm in their eagerness to enjoy what they believe to be the benefits of using these substances, and those focused on what they believe to be the negative aspects of use, who decry these new substances with horror. With more nonusers than users in the population, social policies tend to be directed at preventing, restricting, or punishing selected use, users and .drugs., using controls and interventions such regulation, incarceration, death sentence, treatment, prevention, legalization, taxation, among others. Whatever their intent or wished-for impact, all had consequences that produced additional, unplanned for, and (often) negative effects. This paper will consider some of these sequences as they occurred historically with other substances in light of the current shift to legalization and normalization of cannabis, noting the mechanisms of use, controls, and consequences of some types of formal interventions and give some attention to how and what we can learn from our experiences in order to plan ahead and become better prepared to successfully deal with the 'unexpecteds' of that well-known 'hell' paved with good intentions.

Legal framework for food fortification: examples from Vietnam and Indonesia.

Science.gov (United States)

Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti; Van, Khan Tran; Laillou, Arnaud

2013-06-01

enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best foundation for an effective, sustainable, and feasible food fortification program.

Towards a General Theory of Bilingual Legal Lexicography

DEFF Research Database (Denmark)

Nielsen, Sandro

2003-01-01

As the need for intercultural communication in the field of law has increased, the foundation of a general theory of bilingual legal lexicography must be given priority. This paper introduces, describes and explains the elements necessary for compiling the optimal bilingual law dictionary....... The theory deals with much more than the traditional question of equivalence, and shows which considerations are necessary to fully exploit the potential of printed dictionaries for the benefit of the users. Most users need linguistic and factual information that must be organised and presented...... in a structured way. This includes user research, organisation of dictionary chapters, and the presentation and structure of the linguistic and factual information in the articles and elsewhere in the dictionary....

Money Laundering. Aspects of Legal and Criminal Issues

Directory of Open Access Journals (Sweden)

Alina DUMITRACHE

2011-11-01

Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

Characteristics of illegal and legal cigarette packs sold in Guatemala.

Science.gov (United States)

Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

2016-11-25

Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.

Legal incentives for minimizing waste

International Nuclear Information System (INIS)

Clearwater, S.W.; Scanlon, J.M.

1991-01-01

Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

OpenAIRE

Afredo Bergés

2013-01-01

The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying...

Corporate Foundations

DEFF Research Database (Denmark)

Herlin, Heidi; Thusgaard Pedersen, Janni

2013-01-01

action between business and NGOs through convening, translation, collaboration, and mediation. Our study provides valuable insights into the tri-part relationship of company foundation NGO by discussing the implications of corporate foundations taking an active role in the realm of corporate social...... responsibility (CSR). The paper hence illuminates the fascinating and overlooked role of corporate foundations as potential bridges between business and civil society. It also informs theory on boundary organizations by clarifying challenges and limits of such institutions.......This paper aims to explore the potential of Danish corporate foundations as boundary organizations facilitating relationships between their founding companies and non-governmental organizations (NGOs). Hitherto, research has been silent about the role of corporate foundations in relation to cross...

Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

Science.gov (United States)

Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra

2017-07-29

Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p medical cannabis legalization compared with students who never used them. Support for marijuana recreational use was also related to prior marijuana (p cancer (90.4%) and chronic pain (74.2%) were correctly reported approved medical indications by more than half the students. Students who supported medical cannabis legalization showed better knowledge about indications, in contrast to opponents for legalization who showed better knowledge about side effects. Beliefs that using medical cannabis is safe and has health benefits were correlated with support for legalization, and previous marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

Economic and Legal Aspects of Electronic Money

Directory of Open Access Journals (Sweden)

Otakar Schlossberger

2016-06-01

Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

In Defence of Culture? Racialised Sexual Violence and Agency in Legal and Judicial Narratives

Directory of Open Access Journals (Sweden)

Selda Dagistanli

2015-10-01

Full Text Available There is a rich body of work in critical race and feminist theories that have criticised as Euro/Anglo-centric, and hence exclusionary, the liberal foundations of Western democratic legal systems. The basis of such critiques is that legal personhood is premised on an atomistic individual agent that purports to be neutral but in actuality reflects and maintains the hegemonic gendered and raced status quo privileging the white, middle to upper-class man to the exclusion of women and all racial and cultural Others. Some approaches, such as cultural defences in criminal law, have sought to address this via a recognition and incorporation of the difference of Other groups and their different moral norms, proclivities and circumstances. To illustrate, this discussion will draw on a cultural defence that was advanced in a series of group sexual violence cases that involved four Pakistani, Muslim brothers. While concluding that culture permeates the actions of all individuals, this article seeks to show how cultural recognition approaches in law often overlook the individual agency of those differentiated through their racial, ethnic and religious visibility. Instead of asserting the primacy of individual free will and a rational agent as the main driver of criminal behaviour cultural defences, in particular, appear to attribute criminal action to the morally aberrant traditions and practices of non-Western cultures. At the same time, such approaches to cultural recognition fail to acknowledge that culture, and not just the culture of Others, is necessarily the backdrop for all (group sexual violence. With these points in mind, the paper ends with some suggestions for accommodating alternative narratives that seek to avoid the reductive scripts that currently appear to characterise legal and judicial musings on culture

31 CFR 215.9 - Change of legal residence by members of the Armed Forces.

Science.gov (United States)

2010-07-01

... legal residence. The notification shall include the name, social security number, current mailing... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Change of legal residence by members... Withholding Agreement § 215.9 Change of legal residence by members of the Armed Forces. (a) In determining the...

The socio-legal acceptance of new technologies: a close look at artificial insemination.

Science.gov (United States)

Bernstein, Gaia

2002-10-01

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.

Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities.

Science.gov (United States)

Diamond, Lisa M; Rosky, Clifford J

2016-01-01

We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual orientation are unnecessary, in light of U.S. legal decisions in which courts have used grounds other than immutability to protect the rights of sexual minorities. Third, arguments about the immutability of sexual orientation are unjust, because they imply that same-sex attractions are inferior to other-sex attractions, and because they privilege sexual minorities who experience their sexuality as fixed over those who experience their sexuality as fluid. We conclude that the legal rights of individuals with same-sex attractions and relationships should not be framed as if they depend on a certain pattern of scientific findings regarding sexual orientation.

Contemporary Legal Issues in Electronic Commerce in Nigeria

Directory of Open Access Journals (Sweden)

TI Akomolede

2008-10-01

Full Text Available The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.

Evaluation of Arabic Foundation Certificate - charter of Sinanuddin Yusuf Çelebi from Ohrid in Terms of Language and A r abic Rheteoric

Directory of Open Access Journals (Sweden)

Celal Turgut KOÇ

2015-08-01

Full Text Available Foundations were established as the social aid and solidarity institutions in Islamic Civilization to meet society's needs. Broadly speaking, the system of foundation had a significant role in the Ottoman Empire. The Ottoman Empire was one of the states, w hich made the best use of this foundation system. Politicians, who worked in the Ottoman state, had established some foundations with respect to their positions, ranks and the regions to which they served. The established foundations not only met the socia l needs of the Ottoman Empire, but also provided the scientific contributions. In addition to the service, which these foundations offered the society, they assisted the consolidation of the relationships between the state and society. As a consequence, fo undation certificate - charters, the legal documents of the foundations, are the resources, which enable the transfer of literary, cultural and social values to the present. During the Ottoman period, foundation certificate - charters were written in Ottoman T urkish, Arabic and other languages. Sinanuddin Yusuf Çelebi wrote his foundation certificate - charter in Arabic. Foundation certificate - charters are very important because of the use of the higher order language skills and the density of literacy aspects. I n this study, Sinanuddin Yusuf Çelebi’s foundation certificate - charters w il examin e syntactically and semantically in terms of linguistic features such as synonyms, antonyms, and rhetoric.

Legal method in danish law

DEFF Research Database (Denmark)

Blume, Peter Erik

and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

Directory of Open Access Journals (Sweden)

Rodica Diana APAN

2014-06-01

Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

PLEDGES OF A LEGAL ACADEMIC

African Journals Online (AJOL)

eliasn

Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...

Legal regime of human activities in outer space law

Science.gov (United States)

Golda, Carlo

1994-01-01

Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

Globalising the classical foundations of IPE thought

Directory of Open Access Journals (Sweden)

Eric Helleiner

2015-12-01

Full Text Available Abstract Current efforts to teach and research the historical foundations of IPE thought in classical political economy in the 18th, 19th and early 20th centuries centre largely on European and American thinkers. If a more extensive 'global conversation' is to be fostered in the field today, the perspectives of thinkers in other regions need to be recognised, and brought into the mainstream of its intellectual history. As a first step towards 'globalising' the classical foundations of IPE thought, this article demonstrates some ways in which thinkers located beyond Europe and the United States engaged with and contributed to debates associated with the three well-known classical traditions on which current IPE scholarship often draws: economic liberalism, economic nationalism and Marxism. It also reveals the extensive nature of 'global conversations' about IPE issues in this earlier era.

Legal protection of land from pollution

Directory of Open Access Journals (Sweden)

Petrović Zdravko

2014-01-01

Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

Maslaha as the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia

Directory of Open Access Journals (Sweden)

Abdul Ghofur

2017-06-01

Full Text Available Legislation on the Islamic Banking Acts in Indonesia is inseparable from the condition of national politics and global economics that continues to develop. In this paper, the main issue to be discussed is whether the formation of the Islamic Banking Act in Indonesia is based on political interests, or if there is also a legal value associated with economic development of this act. The findings suggest that the legislation on the Islamic Banking Act in Indonesia has relevance to the political and legal foundation that developed at that time; and the legislation on the Islamic Banking Act is based not only on the political but also the philosophical aspects of law that emphasize principles of the common good or maṣlaha and/ an alignment with national goals.

Participatory Metalegal and Legal Processes for the Coastal Development Plan of Bolinao, Pangasinan

Directory of Open Access Journals (Sweden)

Wenceslao Asido Jr.

2000-12-01

Full Text Available The Coastal Development Plan that was passed into law as the Municipal Fisheries Ordinance of Bolinao, Pangasinan, is a concrete example of community participation in policy development. Among the effective metalegal strategies used during the evolution of the plan into an ordinance were the lobbies staged by the federation of people’s organizations (KAISAKA, the Municipal Fisheries and Aquatic Resources Management Council (MFARMC, and the Municipal Mayor. The capacity of various sectors to participate actively in the passage of the plan was enhanced through legal consultations and training provided by the Marine Fisheries Resources Management Project, in partnership with Tanggol Kalikasan, the legal arm of Haribon Foundation. The experience underscores the need for development projects to include the metalegal training of community constituents as a requisite for the latter to actively participate in the formulation of policies and laws for coastal resources management.

Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

Science.gov (United States)

Speldewinde, Christopher A; Parsons, Ian

2015-01-01

Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

Legal guardians understand how children with the human immunodeficiency virus perceive quality of life and stigma.

Science.gov (United States)

Rydström, Lise-Lott; Wiklander, Maria; Ygge, Britt-Marie; Navér, Lars; Eriksson, Lars E

2015-09-01

This aim of this study was to describe how legal guardians assessed health-related quality of life and HIV-related stigma in children with the human immunodeficiency virus (HIV) compared to the children's own ratings. A cross-sectional nationwide study was performed to compare how 37 children aged from eight to 16 years of age with perinatal HIV, and their legal guardians, assessed the children's health-related quality of life and HIV-related stigma. Data were collected using the 37-item DISABKIDS Chronic Generic Module and a short eight-item version of the HIV stigma scale. Intraclass correlations indicated concordance between the legal guardians' ratings and the children's own ratings of the child's health-related quality of life and HIV-related stigma. There were no statistically significant differences between the ratings of the two groups and gender did not have any impact on the results. Both groups indicated that the children had concerns about being open about their HIV status. The results of this study indicated that legal guardians understood how their children perceived their health-related quality of life and HIV-related stigma. The results also indicated the need for interventions to support both the children and legal guardians when it came to disclosing the child's HIV status. ©2015 The Authors. Acta Paediatrica published by John Wiley & Sons Ltd on behalf of Foundation Acta Paediatrica.

Modernising patient clothing: a Florence Nightingale Foundation project.

Science.gov (United States)

Fitzgerald, Christine

2017-04-27

Christine Fitzgerald, Matron at The Hillingdon Hospitals NHS Foundation Trust (currently on secondment) discusses a project to boost patient self-esteem and dignity through the clothing provided for them to wear.

The Legal Case

NARCIS (Netherlands)

Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

2013-01-01

This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

The King Must Protect the Difference: The Juridical Foundations of Tantric Knowledge

Directory of Open Access Journals (Sweden)

Jason Schwartz

2018-04-01

Full Text Available Drawing upon inscriptional, art historical, as well as largely unstudied and unpublished textual evidence, this paper examines the conceptualization of religious diversity in the Medieval Deccan prior to the Islamic invasions. What our archive suggests, somewhat counterintuitively, is that from the perspective of the state and other disciplinary institutions, religious difference was conceived of in primarily juridical as opposed to doxographical terms; it was a matter of law rather than belief. In other words, in practice, the social performance of the religious identities of particular communities proved inseparable from the delineation of the highly specific legal rights and obligations to which those communities were entitled to adhere. Succinctly, medieval India’s religious diversity was inextricable from the widespread acceptance of a rather capaciously imagined emic form of legal pluralism. The early medieval Dharmaśāstric commentarial tradition locates the textual foundation of this approach to legal pluralism in a discrete and consistent canon of textual resources. As the present work demonstrates, by the eighth century—from the perspective of the Brahmanical legalists themselves—it is this internally coherent body of dharma knowledge that emerges as the key conceptual resource that makes a place within the wider social ecologies of the medieval Deccan for the Tantric knowledge systems and those who practice them.

Cannabis Use and Support for Cannabis Legalization

NARCIS (Netherlands)

Palali, A.; van Ours, J.C.

2014-01-01

We investigate the determinants of the support for cannabis legalizationfinding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this to self-interest and inside information about potential dangers of cannabis use.

ABOUT THE ORGANIZATION OF THE LEGAL FOUNDATIONS OF THE NEW EDITION OF THE UKRAINIAN AIR CODE

Directory of Open Access Journals (Sweden)

R. T. Baran

2009-06-01

Full Text Available The authors’ own scientific and practical approaches to the issuing of the clauses of new Air Code of Ukraine are proposed. There are presented the conceptual basics of organization and legal regulation of the legislative instructions, which especially concern to the chapters regarding regulation of the conditions and order of use of the air space of Ukraine, organizational and economic aspects of activities of airports etc. The models of structuring the organizational subsystems for the commercial and state sectors of the air space and the forms of the organizationalandmanagerial structures, managerial methods and economical airport systems are also proposed.

Design considerations for legalizing cannabis: lessons inspired by analysis of California's Proposition 19.

Science.gov (United States)

Caulkins, Jonathan P; Kilmer, Beau; MacCoun, Robert J; Pacula, Rosalie Liccardo; Reuter, Peter

2012-05-01

No modern jurisdiction has ever legalized commercial production, distribution and possession of cannabis for recreational purposes. This paper presents insights about the effect of legalization on production costs and consumption and highlights important design choices. Insights were uncovered through our analysis of recent legalization proposals in California. The effect on the cost of producing cannabis is largely based on existing estimates of current wholesale prices, current costs of producing cannabis and other legal agricultural goods, and the type(s) of production that will be permitted. The effect on consumption is based on production costs, regulatory regime, tax rate, price elasticity of demand, shape of the demand curve and non-price effects (e.g. change in stigma). Removing prohibitions on producing and distributing cannabis will dramatically reduce wholesale prices. The effect on consumption and tax revenues will depend on many design choices, including: the tax level, whether there is an incentive for a continued black market, whether to tax and/or regulate cannabinoid levels, whether there are allowances for home cultivation, whether advertising is restricted, and how the regulatory system is designed and adjusted. The legal production costs of cannabis will be dramatically below current wholesale prices, enough so that taxes and regulation will be insufficient to raise retail price to prohibition levels. We expect legalization will increase consumption substantially, but the size of the increase is uncertain since it depends on design choices and the unknown shape of the cannabis demand curve. © 2011 The Authors, Addiction © 2011 Society for the Study of Addiction.

Military Policy toward Homosexuals: Scientific, Historic, and Legal Perspectives

National Research Council Canada - National Science Library

Davis, Jeffrey S

1990-01-01

This thesis examines military policy toward homosexuals. Scientific, historic, and legal perspectives are reviewed as they relate to current policy and the distinction between homosexual acts and homosexual status...

Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis

OpenAIRE

Cohen, Odeya; Feder-Bubis, Paula; Bar-Dayan, Yaron; Adini, Bruria

2015-01-01

Background: Public health legal preparedness (PHLP) for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC) and developed countries.Objective: This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak.Design: A rigorous literature review was conducted using eight electronic databases a...

Legal aspects of cross-border teleradiology

International Nuclear Information System (INIS)

Pattynama, Peter M.T.

2010-01-01

The growth of cross-border teleradiology has created legal challenges that are insufficiently addressed by nation health laws. New legislation is currently under development at the European level. This article will look at the details of the existing and proposed legislation and the still unsettled issues and will discuss the implications for international teleradiology.

The Reflective Foundation

DEFF Research Database (Denmark)

Lunde Jørgensen, Ida

Private foundations and cultural philanthropy by élites is viewed with increasing skepticism in recent years, begging the question of the extent to which foundations reflect on their role vis a vis wider societal norms. Through the prism of the New Carlsberg Foundation, financed by the brewery...... Carlsberg A/S, the paper seeks to elucidate the way in which one culturally significant foundation from Denmark has reflected on - and legitimated - its work and investments at critical moments in the past decades. The paper indicates a foundation with a high degree of reflection on the wider societal...

Foundations for Moral Relativism

OpenAIRE

Velleman, J. David

2015-01-01

In this new edition of Foundations for Moral Relativism, a distinguished moral philosopher tames a bugbear of current debate about cultural difference. J. David Velleman shows that different communities can indeed be subject to incompatible moralities, because their local mores are rationally binding. At the same time, he explains why the mores of different communities, even when incompatible, are still variations on the same moral themes. The book thus maps out a universe of many moral world...

Preliminary Design of a Multi-Column TLP Foundation for a 5-MW Offshore Wind Turbine

OpenAIRE

Yongsheng Zhao; Jianmin Yang; Yanping He

2012-01-01

Currently, floating wind turbines (FWTs) may be the more economical and suitable systems with which to exploit offshore wind energy in deep waters. Among the various types of floating foundations for offshore wind farms, a tension leg platform (TLP) foundation can provide a relatively stable platform for currently available offshore wind turbines without requiring major modifications. In this study, a new multi-column TLP foundation (WindStar TLP) was developed for the NREL 5-MW offshore wind...

Practical boundary surveying legal and technical principles

CERN Document Server

Gay, Paul

2015-01-01

This guide to boundary surveying provides landowners, land surveyors, students and others with the necessary foundation to understand boundary surveying techniques and the common legal issues that govern boundary establishment.  Boundary surveying is sometimes mistakenly considered a strictly technical discipline with simple and straightforward technical solutions.  In reality, boundary establishment is often a difficult and complex matter, requiring years of experience and a thorough understanding of boundary law.  This book helps readers to understand the challenges often encountered by boundary surveyors and some of the available solutions. Using only simple and logically explained mathematics, the principles and practice of boundary surveying are demystified for those without prior experience, and the focused coverage of pivotal issues such as easements and setting lot corners will aid even licensed practitioners in untangling thorny cases. Practical advice on using both basic and advanced instruments ...

Inquiry, A Project of the Wisconsin Bar Foundation. Vols. 1 and 2, Revised.

Science.gov (United States)

Scheurich, G. Michael, Ed.

This new, revised edition of the Inquiry instructional materials is designed for use in teaching high school students about the U. S. laws and legal systems. The revised outlines, designed for instructors who have had legal training, are less technical and more informal, include new concepts and many current relevant topics, and de-emphasize…

Dementia and legal competency.

Science.gov (United States)

Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

2011-06-01

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

Legal Philosophy - Five Questions

DEFF Research Database (Denmark)

This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

Harmonising legality with morality in Islamic banking and finance: A quest for Maqāṣid al-Sharī‘ah paradigm

Directory of Open Access Journals (Sweden)

Luqman Zakariyah

2015-12-01

Full Text Available Scholars in Islamic Finance Industry (IFI have been calling for the integration of Islamic morality with legal theories in the industry. Among the reasons for this call is an unethical trend in product innovation. Implementing Islamic banking and financial practices would require adopting their undergirding Islamic legal and moral frameworks. Departing from these foundations of Islamic law could render the activities conducted under its name religiously unacceptable. Many approaches have been put forward to achieve this cause. One of the most complex yet subjective approaches is the quest for Maqāṣid al-Sharī‘ah. This paper critically examines the feasibility of harmonising morality with legality in Islamic finance. In doing so, it will reveal what constitutes morality and legality in Islamic legal theory, and critically examine the approaches of Muslim classical scholars in fusing the two elements together for the realisation and actualisation of the very objectives of Sharī‘ah. Questions of the relationship between morality and legality are raised, and samples of Islamic finance products are evaluated to expose their moral and legal dimensions. Lastly, the role of Maqāṣid al-Sharī‘ah in the process of harmonisation is discussed with some observations and reservations on the practicality of their implementation.

Interrelation of the concepts «legal influence» and «administrative-legal influence»

OpenAIRE

Голуб, Віктор Олександрович

2014-01-01

The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

OpenAIRE

Caroline Lydia Hart

2012-01-01

Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

The Food and Drug Administration and Drug Legalization: A Brief Model of Regulation

OpenAIRE

Kalam, Murad

2002-01-01

This paper offers a brief model of FDA regulation of currently illegal narcotics in the United States. Given that nearly three out of four Americans believe that the drug war has failed, recent calls from prominent liberal and conservative thinkers to legalize drugs, and state “compassionate use†ballot initiatives, future drug legalization is at least conceivable in the United States. Yet, how would the FDA regulate NLD’s under its current st...

A sense of self-suspicion: global legal pluralism and the claim to legal authority

Directory of Open Access Journals (Sweden)

Mariano Croce

2015-03-01

Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

The Dworkin's Criticism About Legal Positivism and the Construction of the Concept of Discretion

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Pedro D'Angelo da Costa

2015-12-01

Full Text Available Known  as  "Hart-Dworkin  Debate,"  the  clash  of  opinions  between  these two authors generated intense discussion about legal positivism and theories that seek to refute its core arguments.  In  this  context,  Ronald  Dworkin strives  to  rebuke  the  positivist  doctrine demonstrating that its elementary notions are not able to produce an effective theory about the nature of law. In this article, I analyze the criticism launched by Dworkin to legal positivism and concepts of Herbert Hart, with particular attention to the concept of discretion that Dworkin assigns to positivism. From a theoretical discussion involving the major works of these authors, I try to confirm the hypothesis that modern positivist theory is not committed  to  the  meaning  attributed  by  Dworkin  to the  notion  of  discretion,  thus undermining the foundation of Dworkin's criticism concerning the interpretation in legal positivism. Finally, I also consider the seriousness of this problem for dworkin´s theory as a whole, assessing whether his criticism remains committed or resist this setback.

Analysis - what is legal medicine?

Science.gov (United States)

Beran, Roy G

2008-04-01

Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

Ensuring Access to Safe, Legal Abortion in an Increasingly Complex Regulatory Environment.

Science.gov (United States)

Paul, Maureen; Norton, Mary E

2016-07-01

Restrictions on access to abortion in the United States have reached proportions unprecedented since the nationwide legalization of abortion in 1973. Although some restrictions aim to discourage women from having abortions, many others impede access by affecting the timeliness, affordability, or availability of services. Evidence indicates that these restrictions do not increase abortion safety; rather, they create logistic barriers for women seeking abortion, and they have the greatest effect on women with the fewest resources. In this commentary, we recall the important role that obstetrician-gynecologists (ob-gyns) have played, both before and after Roe v. Wade, in facilitating access to safe abortion care. Using the literature on abortion safety and access as a foundation, we propose several practical ideas about what we as ob-gyns can do to address the current threat to abortion access, whether or not we provide abortion services in practice. We hope that this commentary will encourage discourse within our profession and prompt other suggestions. As ob-gyns who are dedicated to addressing health disparities and promoting the health and well-being of our patients, we can make a difference.

The Flood, the Channels and the Dykes: Managing Legal Information in a Globalized and Digital World

OpenAIRE

Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

2008-01-01

Information search and retrieval are part of daily routines of the legal profession. Lawyers, judges, prosecutors, and legal clerks usually access a number of electronic resources to browse, search, select, or update legal contents. Legal databases have currently become large digital libraries where the tasks related to information-seeking may sometimes be cumbersome. Adding semantics to support information search may provide significant results in terms of efficiency, efficacy, and user sati...

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

Directory of Open Access Journals (Sweden)

Saldi Isra

2017-08-01

Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

ABIM Foundation

Science.gov (United States)

... In conjunction with the… mailchi.mp View on Facebook ABIM Foundation shared Business Radio Powered by The Wharton School's post. 2 days ago View on Facebook ABIM Foundation 2 days ago The Android version ...

Equity – Connotations in the Current Romanian Legal System

Directory of Open Access Journals (Sweden)

Emilian Ciongaru

2014-05-01

Full Text Available The underlying principle of the law, and a source of law – equity – has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requirements of equity, the judges have special powers for settling specific cases, namely, they may offer resolutions they consider to be fair and conforming to the interests of the parties involved, which is to be grounded on facts, and not on the positive law.

Capacity of the legal framework of public health institutions in Mexico to support their functional integration

Directory of Open Access Journals (Sweden)

Ignacio Ibarra

2013-05-01

Full Text Available Objective. Evaluate the capacity of the federal legal framework to govern financing of health institutions in the public sector through innovative schemes –otherwise known as functional integration–, enabling them to purchase and sell health services to and from other public providers as a strategy to improve their performance. Materials and methods. Based on indicators of normative alignment with respect to functional integration across public health provider and governance institutions, content analysis was undertaken of national health programs and relevant laws and guidelines for financial coordination. Results. Significant progress was identified in the implementation of agreements for the coordination of public institutions. While the legal framework provides for a National Health System and a health sector, gaps and contradictions limit their scope. The General Register of Health is also moving forward, yet it lacks the necessary legal foundation to become a comprehensive tool for integration. The medical service exchange agreements are also moving forward based on tariffs and shared guidelines. However, there is a lack of incentives to promote the expansion of these agreements. Conclusions. It is recommended to update the legal framework for the coordination of the National Health System, ensuring a more harmonious and general focus to provide functional integration with the needed impulse.

International Legal Framework for Nuclear Security

International Nuclear Information System (INIS)

Moore, G.M.

2010-01-01

The responsibility for nuclear security rests entirely with each State. There is no single international instrument that addresses nuclear security in a comprehensive manner. The legal foundation for nuclear security comprises international instruments and recognized principles that are implemented by national authorities. Security systems at the national level will contribute to a strengthened and more universal system of nuclear security at the international level. The binding security treaties are; Convention on the Physical Protection of Nuclear Material, the 2005 amendment thereto, Safeguards Agreements between the Agency and states required in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Model Protocol additional to agreement(s) between State(s) and the Agency for the application of Safeguards Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

The role of advocacy in occasioning community and organizational change in a medical-legal partnership.

Science.gov (United States)

Anderson-Carpenter, Kaston D; Collie-Akers, Vicki; Colvin, Jeffrey D; Cronin, Katie

2013-01-01

Health disparities among low-income individuals remain a significant problem. A number of social determinants are associated with adverse health outcomes. Medical-legal partnerships address legal concerns of low-income individuals to improve health and wellness in adults and children. The Medical-Legal Partnership at Legal Aid of Western Missouri provides free direct legal services for patients with legal concerns affecting health. There is limited evidence regarding the association between advocacy-related efforts and changes within both the medical-legal partnership structure and in health-care facilities. Three health-care organizations in Kansas City, MO participated in implementing the medical-legal partnership model between 2007 and 2010. Advocacy efforts conducted by key medical-legal partnership personnel were strongly associated with changes in health-care organizations and within the medical-legal partnership structure. This study extends the current evidence base by examining the types of advocacy efforts required to bring about community and organizational changes.

Shared Electronic Health Record Systems: Key Legal and Security Challenges.

Science.gov (United States)

Christiansen, Ellen K; Skipenes, Eva; Hausken, Marie F; Skeie, Svein; Østbye, Truls; Iversen, Marjolein M

2017-11-01

Use of shared electronic health records opens a whole range of new possibilities for flexible and fruitful cooperation among health personnel in different health institutions, to the benefit of the patients. There are, however, unsolved legal and security challenges. The overall aim of this article is to highlight legal and security challenges that should be considered before using shared electronic cooperation platforms and health record systems to avoid legal and security "surprises" subsequent to the implementation. Practical lessons learned from the use of a web-based ulcer record system involving patients, community nurses, GPs, and hospital nurses and doctors in specialist health care are used to illustrate challenges we faced. Discussion of possible legal and security challenges is critical for successful implementation of shared electronic collaboration systems. Key challenges include (1) allocation of responsibility, (2) documentation routines, (3) and integrated or federated access control. We discuss and suggest how challenges of legal and security aspects can be handled. This discussion may be useful for both current and future users, as well as policy makers.

Medico legal issues.

Science.gov (United States)

Mackenzie, Geraldine; Carter, Hugh

2010-01-01

This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

Foundation Structure

DEFF Research Database (Denmark)

2009-01-01

Method of installing a bucket foundation structure comprising one, two, three or more skirts, into soils in a controlled manner. The method comprises two stages: a first stage being a design phase and the second stage being an installation phase. In the first stage, design parameters are determined...... relating to the loads on the finished foundation structure; soil profile on the location; allowable installation tolerances, which parameters are used to estimate the minimum diameter and length of the skirts of the bucket. The bucket size is used to simulate load situations and penetration into foundation...

ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

Directory of Open Access Journals (Sweden)

Elena Isac

2010-09-01

Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.

International Legal Framework for Denuclearization and Nuclear Disarmament -- Present Situation and Prospects

Energy Technology Data Exchange (ETDEWEB)

Gastelum, Zoe N. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); OECD NEA International School of Nuclear Law, Paris (France)

2012-12-01

This thesis is the culminating project for my participation in the OECD NEA International School of Nuclear Law. This paper will begin by providing a historical background to current disarmament and denuclearization treaties. This paper will discuss the current legal framework based on current and historical activities related to denuclearization and nuclear disarmament. Then, it will propose paths forward for the future efforts, and describe the necessary legal considerations. Each treaty or agreement will be examined in respect to its requirements for: 1) limitations and implementation; 2) and verification and monitoring. Then, lessons learned in each of the two areas (limitations and verification) will be used to construct a proposed path forward at the end of this paper.

Environmental Foundations in Germany

Directory of Open Access Journals (Sweden)

Thomas Krikser

2015-05-01

Full Text Available Foundations in Germany were examined in the context of environmental issues. Data from environmental foundations show that there is huge difference between private and public foundations concerning financial settings. Furthermore, environment is often not the only objective and sometimes not even processed. Our analysis shows that there are different types of foundations with regard to environmental scopes and activities. Although “attractive topics” such as biodiversity and landscape conservation seem to be more important to foundations, less visible topics such as pollution prevention remain merely a “blind spot.” Together, these findings suggest that there is only a limited potential of private foundations compared with public foundations. Nevertheless, there might be an impact on environmental awareness and local sustainability.

Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

Directory of Open Access Journals (Sweden)

N. O. Tkachenko

2018-03-01

Full Text Available Observation of legal and legislative standards of the company activities is the fundamental principle of social responsibility (SR. The results of the literature analysis show the lack of fundamental research of regulatory and legal support of formation of socially responsible conduct of pharmacists (SRCPh. AIM: modeling the legal framework and determining the completeness and content of the current regulatory and legal framework on formation of a system of SRCPh throughout the professional lifespan development. Materials and methods. The materials of the study were national and international regulatory legal acts, regulating SR, the activities of pharmaceutical organizations (PhO and getting a pharmaceutical education. During the work, such methods as searching information, systematization, content analysis, comparison and generalization were used. During the investigation, we summarized the legal framework that in various aspects forms the socially responsible conduct of the pharmacists throughout the lifespan professional development; and a model of the legal field of this process was formed. A content analysis of this regulatory framework in aspect of responsibility of the PhO and pharmacists with a description of the problem legal questions in the context of SR was carried out. In this article, attention is paid to the basic level of the legal field, within which general principles of social relations are formed in all spheres of the economy. Conclusions. We have formed a model of the legal field formation of a SRCPh system throughout the professional lifespan development. The model is a complex, multilevel system. The regulatory framework in the model is distributed according to two criteria (hierarchical and regulating relations in the system of socially responsible conduct of the pharmacists and includes 27 basic normative legal acts. We have identified problems in the legal field of the basic level of SRCPh formation: the indistinctness

Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

NARCIS (Netherlands)

Feteris, E.T.

2017-01-01

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

78 FR 64249 - Notice of Intent To Award-Grant Awards for the Provision of Civil Legal Services to Eligible Low...

Science.gov (United States)

2013-10-28

... reflect the most current information available, i.e., 100% implementation of ACS 2009- 2011 poverty... Jersey Legal Services, NJ-16 1,149,705 Inc.. New Mexico DNA-Peoples Legal Services, NM-1 174,328 Inc.. DNA-Peoples Legal Services, NNM-2 20,981 Inc.. New Mexico Legal Aid MNM 80,485 New Mexico Legal Aid NM...

[Current legal questions in relation to autologous blood transfusion and legally controlled blood donation in Germany].

Science.gov (United States)

Biermann, E

1994-11-01

If a patient suffers any damage from treatment, the persons involved in transfusion medicine might be made liable according to civil and penal law for violations against the standards prescribed by the codes of performance and ethics of the individual professions. In order to avoid organisational liability, criteria for adequate patient care must be created which regulate facilities and equipment as well as staff. The typical hazards encountered in interdisciplinary cooperation between specialists of various branches of medicine must be counteracted by a constructive division of tasks and responsibilities. The participating physicians are moreover liable within the scope of the German law forbidding so-called 'unlawful interference with the possession of another' in the case of failure to obtain legally binding consent--usually resulting from inadequacies in informing the patient. The landmark decision by the German Federal Court of Justice on instructing patients about the risks of and alternatives to blood transfusions forces all those involved to take the consequences with regard to instructing patients about the risk of transfusions and concerning the implementation of techniques for sparing and replacing allogenic blood.

Tacit Authorization : A Legal Solution for Administrative Silence

NARCIS (Netherlands)

Hoogstra, Nicole; de Graaf, K.J.

2016-01-01

This article discusses one of the current legal instruments to stimulate timely decision-making by administrative authorities, namely the ‘Lex silencio positivo’ or the ‘Silence is Consent’ rule. Tacit authorization prescribes that the license sought by the applicant will be granted automatically if

HSC Foundation

Science.gov (United States)

... in disability information or services and that add value to our existing programs. The Foundation also works to bring additional support to initiatives by serving as funding partners on projects that have local impact and national relevance. Supporting a Continuum of Care The HSC Foundation ...

The Nomos of the Desert. Patagonia’s Space and the Foundation of the National Law

Directory of Open Access Journals (Sweden)

Jorge Raúl Garcia

2016-11-01

Full Text Available The so-call “Conquista del Desierto” (“Conquest of the Desert” is one of the most important and controversial points in the history of Argentina. Debates on the subject are abundant in literature, as well as a large number of juridical studies on the legal justification of the conquest of Patagonia by the argentine Nation-State. However, an analysis with a legal and political philosophy perspective on the conquest of the desert is still missing. According to our hypothesis, an analysis under the thoughts of Giorgio Agamben and Carl Schmitt permits a better comprehension of the phenomenon. The “Conquest of the Desert” can be seen as a paradigm of the land taking, partition and exploitation described by Schmitt as a foundation of law. At the same time, the works of Agamben allow the approach the position of the indigenous people in the process of discipline and forcible incorporation to the space of normality in the brand-new argentine Nation-State.

Legal socialization of personality as a phenomenon of legal psychology

Directory of Open Access Journals (Sweden)

Borisova S.E.

2017-01-01

Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

Dementia and Legal Competency

OpenAIRE

Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

2011-01-01

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

[A 38-year-old Woman with a Legal and Voluntary Interruption of Pregnancy due to Mental Health Risk. An Unexpected Outcome].

Science.gov (United States)

Restrepo, Diana; Duque, Marle; Montoya, Laura; Hoyos, Catalina

To describe a case of legal and voluntary interruption of pregnancy due to a mental health risk in the mother. However, the foetus survived and the mother decided to care for the child. Description of the case and a non-systematic review of the relevant literature. A multiparous woman of 38 years with unknown gestational age who requests legal and voluntary interruption of pregnancy. After abortion a male child born of 1050 grams was born, intubated and admitted to intensive care. Subsequently, the mother, without the mental problems that led to abortion, gradually assumed the care of the child. To address this complex case, several aspects are analysed: first, the change of mind of a woman in her desire to be a mother. Second, the disappearance of mental symptoms in the immediate postpartum. Third, the need to review the clinical, ethical and legal foundations of the legal ruling that allows therapeutic abortion in Colombia. Copyright © 2016 Asociación Colombiana de Psiquiatría. Publicado por Elsevier España. All rights reserved.

Do Charitable Foundations Spend Money Where People Need It Most? A Spatial Analysis of China

Directory of Open Access Journals (Sweden)

Yongze Song

2018-03-01

Full Text Available Charitable foundations are a critical part of public services. However, there is a large gap between the locations and expenditures of charitable foundations and the real population needs for most nations. Three types of Chinese local charity foundations, i.e., those for poverty, education and medical assistance, are used as examples to explore the distinct gaps. The spatial distributions of local charity foundations are characterized by spatial scan statistics and spatial autocorrelation models. The local population needs of charitable assistance for poverty, education and medical services are quantified with their respective weighted proxy indexes of the current conditions. Thus, the nonlinear relationships between population needs and the expenditures of local charitable foundations are described with generalized additive models. The results show that both the participation rate and the charity expenditures of the foundations are highly clustered within a few cities where the population needs are relatively small and are furthermore rare among the other cities. The charity expenditures of local foundations are nonlinearly correlated with the current conditions of socioeconomic development, education and medical levels due to the diverse development stages of the cities. This study provides quantitative evidence for local authorities and charitable foundations to make targeted and constructive decisions to gradually reduce the distinct gaps.

Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

Directory of Open Access Journals (Sweden)

Shidarta Shidarta

2017-01-01

Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

Current Research Studies

Science.gov (United States)

... Success Home > Explore Research > Current Research Studies Current Research Studies Email Print + Share The Crohn’s & Colitis Foundation ... conducted online. Learn more about IBD Partners. Clinical Research Alliance The Clinical Research Alliance is a network ...

On Plagiarism and Power Relations in Legal Academia and Legal Education

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Tilen Štajnpihler

2017-12-01

Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

Philosophical foundations of human rights

CERN Document Server

Liao, Matthew S

2015-01-01

What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. 'Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each part is comprised of a set...

Legal aspects of business development and innovation in Poland

Directory of Open Access Journals (Sweden)

Dariusz Grzegorz Żak

2013-06-01

Full Text Available At the beginning of this article the basic concepts related to the topic issues are presented. The article focuses on the rationale and ideas of creating entrepreneurship and innovation. On the one hand the work’s aim is to show the basic legal instruments which allow to conduct business in Poland, and to demonstrate the role of state bodies in the promotion of entrepreneurship. However, on the other hand the aim of this work is to show the legal instruments connected with competition and encourage entrepreneurs’ innovativeness, taking into account the current needs and trends occurring on the market.

Shells on elastic foundations

International Nuclear Information System (INIS)

Das, Y.C.; Kedia, K.K.

1977-01-01

No realistic analytical work in the area of Shells on Elastic Foundations has been reported in the literature. Various foundation models have been proposed by several authors. These models involve one or more than one parameters to characterise the foundation medium. Some of these models cannot be used to derive the basic equations governing the behaviour of shells on elastic foundations. In the present work, starting from an elastic continuum hypothesis, a mathematical model for foundation has been derived in curvilinear orthogonal coordinates by the help of principle of virtual displacements, treating one of the virtual displacements as known to satisfy certain given conditions at its edge surfaces. In this model, several foundation parameters can be considered and it can also be used for layered medium of both finite and infinite thickness. (Auth.)

Innovative Retrofit Insulation Strategies for Concrete Masonry Foundations

Energy Technology Data Exchange (ETDEWEB)

Huelman, P. [Univ. of Minnesota, St. Paul, MN (United States). NorthernSTAR Building America Partnership; Goldberg, L. [Univ. of Minnesota, St. Paul, MN (United States). NorthernSTAR Building America Partnership; Jacobson, R. [Univ. of Minnesota, St. Paul, MN (United States). NorthernSTAR Building America Partnership

2015-05-06

This study was designed to test a new approach for foundation insulation retrofits, with the goal of demonstrating improved moisture control, improved occupant comfort, and reduced heat loss. Because conducting experimental research on existing below-grade assemblies is very difficult, most of the results are based on simulations. The retrofit approach consists of filling open concrete block cores with an insulating material and adding R-10 exterior insulation that extends 1 ft below grade. The core fill is designed to improve the R-value of the foundation wall and increase the interior wall surface temperature, but more importantly to block convection currents that could otherwise increase moisture loads on the foundation wall and interior space. The exterior insulation significantly reduces heat loss through the most exposed part of the foundation and further increases the interior wall surface temperature. This improves occupant comfort and decreases the risk of condensation. Such an insulation package avoids the full-depth excavation necessary for exterior insulation retrofits, reduces costs, and eliminates the moisture and indoor air quality risks associated with interior insulation retrofits. Retrofit costs for the proposed approach were estimated at roughly half those of a full-depth exterior insulation retrofit.

EXPLORING IMPLICIT META-DISCOURSE IN LEGAL DISCOURSE: AN ANALYSIS OF THE CHINESE AND AMERICAN CONSTITUTIONS

Directory of Open Access Journals (Sweden)

Mengyu He

2017-09-01

Full Text Available Research in meta-discourse, particularly explicit meta-discourse or meta-discourse markers has contributed much knowledge on the discourse features of specialised genres. However, there are very few studies on implicit meta-discourse. The current study explores implicit meta-discourse in legal discourse by comparing the implicit interpersonal meta-discourse in the Constitution of the People’s Republic of China with the Constitution of the United States. The focus of the study is the use of implicit meta-discourse, particularly the grammatical meta-discourse in the legal discourse of two different languages and cultural groups. The findings demonstrate that there are similarities and differences in the use of implicit meta-discourse in the two constitutions. Within the context of language discourse, the findings of the current study suggest that legal discourse is distinctive in the use of implicit interpersonal meta-discourse, particularly in the way writers intrude into the discourse implicitly by certain key grammatical forms of meta-discourse. Despite the objectivity and rigour of legal discourse, the current study found that there is some level of subjectivity in such discourse, evident from the use of implicit meta-discourse.

Severe neurological impairment: legal aspects of decisions to reduce care.

Science.gov (United States)

Beresford, H R

1984-05-01

Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain ("brain death"). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents can authorize physicians to reduce care for neurologically impaired children is the focus of current litigation. Implicit in this litigation is the question of how severe neurological impairment must be before parents and physicians may lawfully agree to reduce care. For severely impaired but not vegetative adults, there is some legal authority to justify certain decisions to reduce care. The issue of whether withholding feeding from a severely demented patient with life-threatening medical problems constitutes criminal behavior is now being considered by a state supreme court.

Mesothelioma Applied Research Foundation

Science.gov (United States)

... Foundation Experts Can Answer Your Questions! The Mesothelioma Applied Research Foundation's team of experts is available to answer ... a law firm. Read more about the Mesothelioma Applied Research Foundation . TO GET HELP CALL: (877) End-Meso ...

Engaging Girls in STEM: A Discussion of Foundational and Current Research on What Works

Science.gov (United States)

Peterson, K.; Jesse, J.; Migus, L. H.

2012-08-01

Diversity in science, technology, engineering, and mathematics (STEM) education and careers occupies center stage in national discussions on U.S. competitiveness in the 21st century. Women constitute roughly half the total workforce in the U.S., but they hold just 25% of mathematical and science jobs and 11% of engineering jobs. Women earn nearly 60% of all bachelors and masters degrees, except in physics, computer science, and engineering, where the percentages are 20-25%. This disparity is even more pronounced at the doctoral level, where women earn fewer than 20% of awarded Ph.D.'s in physics or engineering. However, at the high school level, there is far less gender disparity: both female and male students take comparable advanced physical science and math courses. What, then, accounts for the lack of gender diversity in STEM advanced education and career paths? In fact, there is no consensus even among experts. So, what information and strategies do the EPO community need to know and include as part of designing and implementing programs to encourage more girls and women to engage in STEM for the long term? The panelists will discuss foundational and current research on pressing questions on why these trends exist and what can be done to change them. They will highlight research and evaluation results from programs that are successfully engaging girls in STEM.

FUZZY LOGIC IN LEGAL EDUCATION

Directory of Open Access Journals (Sweden)

Z. Gonul BALKIR

2011-04-01

Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

International and European legal aspects on underground geological storage of CO2

International Nuclear Information System (INIS)

Wall, C.; Olvstam, M.-L.; Bernstone, C.

2005-01-01

The often disconnected international and European legal rules regarding carbon dioxide (CO 2 ) storage in geological formations create legal uncertainty and a slow down in investments. Existing rules for waste dumping, such as the OSPAR and London Conventions implies that CO 2 storage in sub seabed geological formations is not permitted for climate change mitigating purposes. This paper emphasized that even in cases when complete certainty about the exact application of a legal rule is not possible, it is necessary to know if an activity is lawful. It also emphasized that CO 2 storage should be a priority in the international agenda. The current gaps in knowledge concerning the relevant international and European legislation directly related to CO 2 storage were identified in this paper, including long-term liability for risk of damages caused during the injection phase of the well. The current relevant legislation that is not directly concerned with CO 2 storage but which might have an impact on future legislation was also discussed along with relevant legal principles that might influence future legislation. Some of the many ongoing projects concerning CO 2 storage were reviewed along with papers and reports on regulating CO 2 storage. It was concluded that if CO 2 capture and storage is going to be a large-scale concept for mitigating climate change, the legal issues and requirements need to be an area of priority. 16 refs

Legal features of the drug advertising.

Science.gov (United States)

Pashkov, Vitalii M; Olefir, Andrii A; Bytyak, Oleksiy Y

In the article discribed current trends of advertising in the pharmaceutical market and foreign experience of legal regulation of these relations. As for the advertising of medicines identified it's symptoms, types, basic rules and prohibitions. Modern pharmaceutical companies can not successfully carry out economic activities without advertising. Besides we can mention some fundamental changes in society (information overload, universal access to internet, social media, freedom of movement of goods, labor and finance), also self-medication becomes more popular. At the same time, the number of deaths after improper and uncontrolled use of drugs ranks fifth in the world among the causes of death. Investigate current trends of advertising on the pharmaceutical market, find advertising signs, basic restrictions and prohibitions on advertising of medicines, as well as foreign experience of legal regulation of these relations. Despite the fact that pharmaceutical advertising were studied by such scholars as M. Abraham, L. Bradley, C. Dunn, J. Donoh'yu, D. Castro, M. Lipski, K. Taylor and others, number of issues related features of drug advertising, remained without proper theoretical studies. Based on the analysis can come to the conclusion that advertising of medicinal products are the subject of special attention from the state. Drugs, unlike other products, are a group of specialized consumer products. Risks increase when patients under the influence of «aggressive» advertising resort to self-medication. If a complete ban on advertising of medicines is inappropriate, you should set stricter requirements for the content of advertising and product placement rules. That is, in the national legislation to implement regulatory requirements of Directive 2001/83 / EC. Legal regulation of drug advertising can be improved by such legal means: - should provide for a mechanism of public control over the observance of ethical standards in the advertising of medicinal products

[Abortion: towards worldwide legalization].

Science.gov (United States)

1998-09-01

A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

Use of reinforced soil foundation (RSF) to support shallow foundation.

Science.gov (United States)

2008-11-01

The main objective of this research study is to investigate potential benefits of using the reinforced soil foundations to improve the bearing capacity and to reduce the settlement of shallow foundations on soils. This includes examining influences o...

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

Directory of Open Access Journals (Sweden)

Oleksii Drozd

2017-12-01

Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

The Enigmatic Nature of the Israeli Legal System

African Journals Online (AJOL)

10332324

South Africa. She argues convincingly that the current unrecognised status of Muslim marriages is not favourable to women because their marriages fall outside the realm of the mainstream legal systems in South Africa (the common and the customary law). She continues to discuss two Bills in various stages of evolution ...

The Order of Protection in the Romanian Legal System

Directory of Open Access Journals (Sweden)

Natalia Saharov

2015-05-01

Full Text Available The phenomenon of domestic violence, quite common in the countries of Eastern Europe, including Romania, can be perceived as a consequence of shortcomings in the education of person, or a faulty education. The aims of current study is to present and analyze the legal instruments designed in the area of civil law due to combat and prevent domestic violence, with a special regard to the protective order governed by the law No. 217/ 2003, as amended and republished. Legal provisions are analyzed with regarded to the person who may apply for order of protection, the conditions for the admissibility of the petition for the issuance of the protective order, the measures which may be imposed by an protection order, the duration of these measures, the conditions for revocation of the protective order etc. The study reveals the practical application of analyzed legal provisions, by referring to the decisions given by Romania courts in cases involving the “protective order”. Finally are exposed the advantages and shortcomings of normative framework already existing, as well as the effectiveness of the legal provisions in practice.

Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

International Nuclear Information System (INIS)

Wetherall, Anthony; Robin, Isabelle

2014-01-01

The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

Foundations for renewables

Energy Technology Data Exchange (ETDEWEB)

Neidlein, H.C. [German Agency Scherer Schnell Walser und Partner (Germany)

2007-07-01

In Germany, 77 foundations promote renewable energy technology with around Euro 25 million annually. The most important internationally active foundations, however, can be found in the Anglo-Saxon countries. (orig.)

Ethical and Legal Issues in Gestational Surrogacy.

Science.gov (United States)

Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

2018-01-01

This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).

[Information technology in medicine - some legal observations].

Science.gov (United States)

Siegal, Gil

2013-05-01

Information Technology (IT) and computing capabilities are revolutionizing the practice of medicine in an unprecedented way. Some current legal and ethical concerns evolving from this revolution are addressed, pointing to the emerging concepts in Israeli jurisprudence, which regards medical IT as an important contribution to patient empowerment, to medical risk management and in managing the resources of a national health system.

Legal ivory trade in a corrupt world and its impact on African elephant populations.

Science.gov (United States)

Bennett, Elizabeth L

2015-02-01

Illegal hunting of African elephants (Loxodonta africana) for ivory is causing rapid declines in their populations. Since 2007, illegal ivory trade has more than doubled. African elephants are facing the most serious conservation crisis since 1989, when international trade was banned. One solution proposed is establishment of a controlled legal trade in ivory. High prices for ivory mean that the incentives to obtain large quantities are high, but the quantity of tusks available for trade are biologically constrained. Within that context, effective management of a legal ivory trade would require robust systems to be in place to ensure that ivory from illegally killed elephants cannot be laundered into a legal market. At present, that is not feasible due to corruption among government officials charged with implementing wildlife-related legislation. With organized criminal enterprises involved along the whole commodity chain, corruption enables the laundering of illegal ivory into legal or potentially legal markets. Poachers and traffickers can rapidly pay their way out of trouble, so the financial incentives to break the law heavily outweigh those of abiding by it. Maintaining reliable permitting systems and leak-proof chains of custody in this context is challenging, and effective management breaks down. Once illegal ivory has entered the legal trade, it is difficult or impossible for enforcement officers to know what is legal and illegal. Addressing corruption throughout a trade network that permeates countries across the globe will take decades, if it can ever be achieved. That will be too late for wild African elephants at current rates of loss. If we are to conserve remaining wild populations, we must close all markets because, under current levels of corruption, they cannot be controlled in a way that does not provide opportunities for illegal ivory being laundered into legal markets. © 2014 Society for Conservation Biology.

Legality Principle of Crimes and Punishments in Iranian Legal System

Science.gov (United States)

Habibzadeh, Mohammad Ja'far

2006-01-01

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

Prerequisites for Correctness in Legal Argumentation

OpenAIRE

Mackuvienė, Eglė

2011-01-01

A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

Legal technique: approaches to section on types

Directory of Open Access Journals (Sweden)

І. Д. Шутак

2015-11-01

Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

Static Behaviour of Bucket Foundations

DEFF Research Database (Denmark)

Larsen, Kim André

One new foundation concept in relation to offshore wind turbines is bucket foundations. The concept is known from the oil and gas industry, though the load conditions here are significantly different. The bucket foundation can be used as monopod or e.g. tripod foundations for offshore wind turbines....... The monopod concept is investigated in this thesis, regarding the static behaviour from loads relevant to offshore wind turbines. The main issue in this concept is the rotational stiffness of the foundation and the combined capacity dominated by moments. The vertical bearing capacity of bucket foundations...... theory is proposed. The proposed expression applies to plane strain as well as axis-symmetric stress conditions for foundations with smooth or rough bases. A thorough experimental investigation of the static behaviour of bucket foundations subjected to combined loading is carried out. Laboratory tests...

Alternative Dispute Resolution in Ethiopia- A Legal Framework ...

African Journals Online (AJOL)

This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...

Serrano Cheese: a cultural, quality and legal view

Directory of Open Access Journals (Sweden)

Ângelo Nardi Pretto

2017-11-01

Full Text Available Introduction: Serrano cheese is an artisanal product, from the region of Campos de Cima da Serra in the state of Rio Grande do Sul and from the Planalto Sul in the state of Santa Catarina. Objective: The objective of the present work is to discuss some cultural, legal and food safety aspects related to the quality of serrano cheese, a product made of raw milk. Method: This manuscript carries out a bibliographical review of the serrano cheese, using updated scientific and legal documents, to analyze the production, quality and cultural aspects of this product. Results: Results presented in the literature and current legislation indicate that the production of these cheeses can be safe for commercialization, having as main requirements: adoption of good manufacturing practices, care of the dairy herd and due maturation of the product. Current national legislation indicates that the minimum maturation time should be 60 days. The publication of a law that regulates the production of serrano cheese in Rio Grande do Sul allows it to be matured for a shorter time, if its microbiological safety is assured. Conclusions: Additionally to revisions in the laws for the production and marketing of cheeses such as serrano, legal reviews are essential in the area of science, technology and health surveillance to provide a scientific basis to the improvement of the production of those who live on the commercialization of these products.

Legality in multiple legal orders

NARCIS (Netherlands)

Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

2010-01-01

This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

Toxicology Education Foundation

Science.gov (United States)

... bodies and our world. Welcome to the Toxicology Education Foundation! Our mission is to enhance public understanding ... In with us, follow our Tweets, choose Toxicology Education Foundation as your preferred charity through Smile.Amazon. ...

Skin Cancer Foundation

Science.gov (United States)

... Host a Fundraising Event | About Us | Store The Skin Cancer Foundation The Skin Cancer Foundation is the ... Handbook A "Sunscreen Gene"? Skin Cancer Facts & Statistics Skin Cancer Treatment Glossary Information on medications and procedures ...

BITCOIN - BETWEEN LEGAL AND INFORMAL

Directory of Open Access Journals (Sweden)

Loredana MAFTEI

2014-09-01

Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.

On the concept and legal nature of sustainable development: Does 'environmental law' exist?

Directory of Open Access Journals (Sweden)

Prica Miloš

2014-01-01

reflects the governing modus operandi of the covert power-holders. When this issue is observed from the aspect of national law, some legal scholars consider that 'environmental law' is a branch of law. However, this standpoint is based on the normativists' misconception that the law equals the norm. As a matter of fact, the norm is only a source for the creation of law, whereas law implies the entire body of legal relations and legal institutes. With this in mind, the essential condition for establishing a branch of law is that it has to be rooted in judicature. Thus, 'environmental law' cannot be designated as a branch of law. Moreover, as the principle of sustainable development in the national legislation is rooted neither in the judicature nor in the legal perception, this fact has given rise to the conclusion that it may be qualified as a purely declarative legal-political principle. In that context, the author discusses the concept and the classification of legal principles as a necessary presumption for shaping the regulatory legal nature of the principle of sustainable development. Finally, in this article, the author discusses the actual foundations of environmental, economic and social aspect of the idea of sustainable development in the system of neo-liberal global capitalism (imperialism, with specific reference to the ruling method of covert power-holders.

The Impact of Marijuana Legalization on Adolescent Use, Consequences, and Perceived Risk.

Science.gov (United States)

Estoup, Ashley C; Moise-Campbell, Claudine; Varma, Malini; Stewart, David G

2016-12-05

Currently, only four states have legalized recreational marijuana use for adults over 21 years of age. Therefore, little is known about the influence that legalization will have on adolescent marijuana use. This study examines how marijuana legalization has impacted the frequency and consequences of adolescent use in a sample of participants in a school-based, substance use intervention. We hypothesized that adolescents enrolled in the intervention in years after marijuana legalization would present with more problematic use compared to those enrolled prior, and that changes in the perceived risk of marijuana would be a mechanism of problematic use. Participants were 262 students enrolled in a school-based substance use intervention in 2010 to 2015. The Customary Drinking and Drug Use Record, Alcohol and Drug Use Consequences Questionnaire, and a decisional balance matrix were used to assess marijuana frequency, negative consequences, and perceived risk of use. A mediation model was used to test the degree to which marijuana legalization may lead to increased frequency and consequences of use through perceived risk. Findings indicated a significantly positive correlation between marijuana-related consequences and perceived risk post legalization. Despite relatively equal use between both groups, adolescents in the legalization group experienced higher levels of perceived risk and increased negative consequences. Due to the rising legalization status of marijuana in the United States, it is imperative that psychoeducation is provided to adults and adolescents about the consequences of underage marijuana use.

Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

Directory of Open Access Journals (Sweden)

Dmitriy E. Nekrasov

2014-09-01

Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

When do we think it is Safe to Drive after Hand Surgery? – Current Practice and Legal Perspective

LENUS (Irish Health Repository)

Murphy, SF

2016-11-01

Patients recovering from hand surgery frequently ask when it is safe to drive and it is unclear where the responsibility lies; the surgeon, the patient or the insurance company. An eight-question survey looking at various aspects of clinical practice was circulated to consultant and trainee plastic and orthopaedic surgeons in Ireland and the UK. Of the 89 surgeons who replied, (53%) felt the decision when to drive was the patient’s compared with the insurance company (40%) and the surgeon (7%). 80% advised patients to contact their insurance company. 87% were unaware of current regulations or guidelines. National guidelines were vague and left the decision with the treating doctor. Similarly, major insurers advise patients to contact their doctor for advice. From a legal standpoint, the patient has a duty of care to other road users to be in full control of his vehicle prior to driving, regardless of any advice received.

The Danish Industrial Foundations

DEFF Research Database (Denmark)

Thomsen, Steen

and governed, what role it plays in the Danish economy, and how industrial foundation-owned companies perform. The book is the result of a large collaborative research project, led by the author, on industrial foundations. Some global companies such as IKEA, Robert Bosch or the Tata Group are foundation...

Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

Directory of Open Access Journals (Sweden)

Oţăt Diana

2015-12-01

Full Text Available Motivated by a paradoxical corollary of ambiguities in legal documents and especially in contract texts, the current paper underpins a dichotomy approach to unintended ambiguities aiming to establish a referential framework for the occurrence rate of translation ambiguities within the legal language nomenclature. The research focus is on a twofold situation since ambiguities may. on the one hand, arise dining the translation process, generated by the translator’s lack of competence, i.e. inadequate use of English regarding the special nature of legal language, or. on the other hand, they may be simply transferred from the source language into the target language without even noticing the potential ambiguous situation, i.e. culture-bound ambiguities. Hence, the paper proposes a contrastive analysis in order to localize the occurrence of lexical, structural, and socio-cultural ambiguities triggered by the use of the term performance and its Romanian equivalents in a number of sales contracts.

Improvement of national legislation in alternative resolution of legal disputes area

Directory of Open Access Journals (Sweden)

Ярослав Павлович Любченко

2016-01-01

Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which

Grouting for Pile Foundation Improvement

NARCIS (Netherlands)

Van der Stoel, A.E.C.

2001-01-01

The aim of this research was to examine the use of grouting methods for pile foundation improvement, a generic term that is used here to define both foundation renovation (increasing the bearing capacity of a pile foundation that has insufficient bearing capacity) and foundation protection

Two conceptions of legal principles

Directory of Open Access Journals (Sweden)

Spaić Bojan

2017-01-01

Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

Land tenure in China: Legal, actual and perceived security

NARCIS (Netherlands)

Ma, Xianlei; Heerink, N.; Feng, S.; Shi, X.

2015-01-01

This paper examines the magnitudes of legal security, actual security and perceived security of farmland tenure, and the causes of currently prevailing land tenure insecurity in rural China. Two farm household surveys conducted in the northwest of Gansu province in 2010 and in the northeast of

The legalization of small scale mining in Colombia

Directory of Open Access Journals (Sweden)

Alexandra Urán

2013-11-01

Full Text Available The following article presents conceptual and analytical elements that allow us to broaden the debate about the legalization of the mining in Colombia. Looking for items to be able to propose alternatives in order to consolidate a new mining process socially and environmentally sustainable, claiming the value of the ancestral practices and forms of the redistributive production. To this end, it is necessary to start with the discussion of the concepts of formalization and legality, so that we can generate a theoretical framework that will allow us to explore such delicate matter, we will continue to make the framework socio-political, in which it is based that strategy. Then there is a brief context of thereformulation of legal mining, focusing our attention particularly standards which involves or has effects on artisanal mining and/or small-scale mining. There we will find ourselves with a debate on the typology of the mining and the current difficulties to define schemasof legalization or formalization of small-scale mining in Colombia. To conclude with a proposal to formalize as a mechanism of transition to an administrative system - legislativethat will connect more effectively with the realities and skills of the ethnic communities that practice small-scale mining.

Legal nature of affatomia

Directory of Open Access Journals (Sweden)

Stanković Miloš

2015-01-01

Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

Studies on legal systems and public decision-making process of the environmental protection and natural conservation; Kankyo{center{underscore}dot}shizenhogo no mirai no tameno koukyoteki kettei to sisutemu ni kansuru kenkyu

Energy Technology Data Exchange (ETDEWEB)

Hayashida, Seimei [Hokkaido University, Hokkaido (Japan). Faculty of Law

1998-12-16

This study have dealt with the issues of how the policies of environmental and natural protection should be shaped in a democratic society, and what the optimal legal systems should be for realizing the policies. We have analyzed these issues from the following three points of view ; the first one is the legal philosophical issues of justice and moral values among individuals and organizations. Secondly, we analyzed the optimal deterrence system of organizations for pollution controls, etc. We studied crimes and illegal conducts by organizations and corporations themselves, and their employees under the principal-agency model. Third, we looked at the legal system itself and the foundations of environmental issues from the legal-philosophical aspect. Fourth, we analyzed how the social decision-makings on the environmental protection were produced, using the public choice theory. (author)

Legal Institutions and Economic Development

NARCIS (Netherlands)

Beck, T.H.L.

2010-01-01

Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

Legal considerations for urban underground space development in Malaysia

Directory of Open Access Journals (Sweden)

F. Zaini

2017-12-01

Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development

The impact of the legalization of recreational marijuana on college students.

Science.gov (United States)

Jones, Jacob; Nicole Jones, K; Peil, Jenny

2018-02-01

In January of 2014 the Regulate Marijuana like Alcohol Act or, Amendment 64, went into effect in Colorado. Even though it was the first state to enact recreational legalization, attitudes towards marijuana use have been changing for decades. Prompted by medical marijuana legalization, studies have found mixed results in regards to the impact that legalization has on frequency of use and abuse. With college students having the highest rates of use in the United States (U.S.), whether legal or not, it was important to explore the impact that legalization has on this population. In the current study, rates of marijuana and alcohol use in college students before and after recreational legalization were explored. Data was collected in four waves from October 2013 to March 2015, to be able to determine the trends in marijuana and alcohol use, and relationship between the substances. In addition, grade point average was measured as a possible consequence of marijuana use. We found the frequency of marijuana use in Colorado college students is much higher than the national average t(94445)=24.424, pmarijuana non-users and the once a week or more often but not daily marijuana users in grade point average, F(6, 227)=2.935, pmarijuana use in general is decreasing since the passing of Amendment 64, but not among the binge drinkers. Copyright © 2017 Elsevier Ltd. All rights reserved.

Review of laterally loaded monopiles employed as the foundation for offshore wind turbines

Energy Technology Data Exchange (ETDEWEB)

Hyldal Soerensen, S.P.; Thoustrup Broedbaek, K.; Moeller, Martin; Hust Augustesen, A.

2012-03-15

The monopiles foundation concept is often employed as the foundation for offshore wind turbine converters. These piles are highly subjected to lateral loads and overturning moments due to wind and wave forces. Typically monopiles with diameters of 4 to 6 m and embedded pile lengths of 15 to 30 m are necessary. In current practice these piles are normally designed by use of the p-y curve method although the method is developed and verified for small-diameter, slender piles. In the present paper a review of the existing p-y curve formulations for piles in sand is presented. Based on numerical and experimental studies presented in the literature, advances and limitations of the current p-y curve formulations are outlined. The review focuses on the design of monopile foundations for offshore wind turbine converters. (Author)

Ethical and Legal Issues in Gestational Surrogacy

Science.gov (United States)

Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

2018-01-01

Abstract This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother). PMID:29675478

Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

Science.gov (United States)

Breland, Hunter M.; Hart, Frederick M.

This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

Did Legalized Abortion Lower Crime?

Science.gov (United States)

Joyce, Ted

2004-01-01

Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

Datafication of Automated (Legal) Decisions

DEFF Research Database (Denmark)

Schaumburg-Müller, Sten

Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

Solar panel foundation device

Energy Technology Data Exchange (ETDEWEB)

Hawley, W.W.

1983-03-29

A transportable solar panel foundation device which has a bottom member, at least one upstanding side member, and an essentially open top. The side members are angled to permit nesting of a plurality of the foundation devices, and reinforcement pads are carried by the foundation device to support legs for one or more solar panels.

The legal reasoning skills. Theoretical considerations

Directory of Open Access Journals (Sweden)

Lisett D. Páez Cuba

2014-06-01

Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

Modified Vertical Bearing Capacity for Circular Foundations in Sand Using Reduced Friction Angle

DEFF Research Database (Denmark)

Ibsen, Lars Bo; Barari, Amin; Larsen, Kim André

2012-01-01

Recently Bucket foundation as a large cylindrical structure that is open as the base and closed at the top, has attracted much attention in offshore projects. In order to present relationship between vertical bearing capacity of a bucket foundation relative to the corresponding capacity of a circ......Recently Bucket foundation as a large cylindrical structure that is open as the base and closed at the top, has attracted much attention in offshore projects. In order to present relationship between vertical bearing capacity of a bucket foundation relative to the corresponding capacity...... of a circular plate, several loading tests on small scale bucket foundations including the circular surface footings are performed at Aalborg University. In current research, the vertical bearing capacity of circular surface footings is investigated using reduced friction angle. It is also presented a linear...

Investigation on dynamic response with foundation uplift

International Nuclear Information System (INIS)

Ohtomo, Keizo; Iwatate, Hisahiro

1987-01-01

In order to rationalize the aseismatic design of nuclear power stations, it is necessary to elucidate the characteristics of effective input when the earthquake motion for the design is inputted in the foundations of nuclear power stations. In this study, among the research subjects concerning the reduction of effective earthquake input, regarding the uplift of foundations, its response characteristics and the method of the rational evaluation of earth contact ratio were experimentally examined, and the method of analysis which can evaluate the damping effect due to the uplift was proposed. The experimental method is reported. It was found that accompanying the uplift of foundations, vertical motion was induced, and horizontal motion showed nonlinear response. It was confirmed that the nonlinear response accompanying the uplift can be approximately evaluated by the conventional analysis technique using the S-R model. The current equation for evaluating earth contact ratio is adequate for a soft ground model, and tends to undervaluate for a hard ground model. The S-R analysis model introducing the experimentally obtained characteristics in the dampling coefficient of a nonlinear rocking spring was newly made. (Kako, I.)

Legal significance of environmental protection in foreign investments law

Directory of Open Access Journals (Sweden)

Divljak Drago

2013-01-01

Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

Homophobic Expression in K-12 Public Schools: Legal and Policy Considerations Involving Speech that Denigrates Others

Science.gov (United States)

Eckes, Suzanne E.

2017-01-01

This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student…

Forward the Foundation: Local Education Foundations Offer an Alternative Source for School Funding

Science.gov (United States)

Brooks-Young, Susan

2007-01-01

February's column "Going Corporate" discussed ideas for approaching private foundations for funding. Some districts take this idea several steps further by partnering with the community and local businesses to establish a not-for-profit foundation, or local education foundation (LEF). It probably comes as no surprise that the idea of forming a LEF…

Can Innate, modular "foundations" explain morality? Challenges for Haidt's Moral Foundations Theory.

Science.gov (United States)

Suhler, Christopher L; Churchland, Patricia

2011-09-01

Jonathan Haidt's Moral Foundations Theory is an influential scientific account of morality incorporating psychological, developmental, and evolutionary perspectives. The theory proposes that morality is built upon five innate "foundations," each of which is believed to have been selected for during human evolution and, subsequently, tuned-up by learning during development. We argue here that although some general elements of Haidt's theory are plausible, many other important aspects of his account are seriously flawed. First, innateness and modularity figure centrally in Haidt's account, but terminological and conceptual problems foster confusion and ambiguities. Second, both the theory's proposed number of moral foundations and its taxonomy of the moral domain appear contrived, ignoring equally good candidate foundations and the possibility of substantial intergroup differences in the foundations' contents. Third, the mechanisms (viz., modules) and categorical distinctions (viz., between foundations) proposed by the theory are not consilient with discoveries in contemporary neuroscience concerning the organization, functioning, and development of the brain. In light of these difficulties, we suggest that Haidt's theory is inadequate as a scientific account of morality. Nevertheless, the theory's weaknesses are instructive, and hence, criticism may be useful to psychologists, neuroscientists, and philosophers attempting to advance theories of morality, as well as to researchers wishing to invoke concepts such as innateness and modularity more generally.

Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

Science.gov (United States)

Marishet, Mohammed Hamza

The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

Legal capacity and biomedicine: Biomedical discrimination

Directory of Open Access Journals (Sweden)

Cvetić Radenka

2011-01-01

Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

Research Data Reusability: Conceptual Foundations, Barriers and Enabling Technologies

Directory of Open Access Journals (Sweden)

Costantino Thanos

2017-01-01

Full Text Available High-throughput scientific instruments are generating massive amounts of data. Today, one of the main challenges faced by researchers is to make the best use of the world’s growing wealth of data. Data (reusability is becoming a distinct characteristic of modern scientific practice. By data (reusability, we mean the ease of using data for legitimate scientific research by one or more communities of research (consumer communities that is produced by other communities of research (producer communities. Data (reusability allows the reanalysis of evidence, reproduction and verification of results, minimizing duplication of effort, and building on the work of others. It has four main dimensions: policy, legal, economic and technological. The paper addresses the technological dimension of data reusability. The conceptual foundations of data reuse as well as the barriers that hamper data reuse are presented and discussed. The data publication process is proposed as a bridge between the data author and user and the relevant technologies enabling this process are presented.

Foundations of wireless and electronics

CERN Document Server

Scroggie, M G

1984-01-01

Foundations of Wireless and Electronics, 10th Edition covers the cathode-ray and microwave tubes; modern pulse methods; f.m. detectors; basic processes of transmission; and reception, computers, and non-sinusoidal signal amplification. The book starts by giving a general overview of a complete electronic system, electricity and circuits, capacitance, and inductance. The text also discusses alternating currents (a.c.), including the frequency and phase of a.c.; the capacitance and inductance in a.c. circuits; and the capacitance and inductance in a series. Diodes, triode, transistor equivalent

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

OpenAIRE

Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

2017-01-01

The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

Legal Protection of Well-known Trademark Rights in China : History, Current Situation and Challenge

OpenAIRE

Chen, Zhu

2010-01-01

The legal term of “Well-Known Trademark” first appeared in the 1883 Paris Convention for the Protection of Industrial Property, which sets forth the principles for granting special protection to well-known trademarks. In recent years, Sino-US disputes over intellectual property protection have the trend to upgrade, and among these disputes, well-known trademark protection is an important cornerstone. In recent years in China, the well-known trademark protection system is still relatively week...

LEGAL DRAFTING IN CROATIA - CASE STUDY

Directory of Open Access Journals (Sweden)

Dario Đerđa

2017-01-01

Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

medico-legal an overview of some of the key legal developments in ...

African Journals Online (AJOL)

Enrique

equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

Medico-legal autopsies in Denmark

DEFF Research Database (Denmark)

Larsen, Sara Tangmose; Lynnerup, Niels

2011-01-01

At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis.

Science.gov (United States)

Cohen, Odeya; Feder-Bubis, Paula; Bar-Dayan, Yaron; Adini, Bruria

2015-01-01

Public health legal preparedness (PHLP) for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC) and developed countries. This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak. A rigorous literature review was conducted using eight electronic databases as well as Google Scholar. The results encompassed peer-reviewed English articles, reports, theses, and position papers dating from 2011 to 2014. Earlier articles concerning regulatory actions were also examined. The importance of PHLP has grown during the past decade and focuses mainly on infection-disease scenarios. Amid LMICs, it mostly refers to application of international regulations, whereas in developed states, it focuses on independent legislation and creation of conditions optimal to promoting an effective emergency management. Among developed countries, the United States' utilisation of health legal preparedness is the most advanced, including the creation of a model comprising four elements: law, competencies, information, and coordination. Only limited research has been conducted in this field to date. Nevertheless, in both developed and developing states, studies that focused on regulations and laws activated in health systems during emergencies, identified inconsistency and incoherence. The Ebola outbreak plaguing West Africa since 2014 has global implications, challenges and paralleling results, that were identified in this review. The review has shown the need to broaden international regulations, to deepen reciprocity between countries, and to consider LMICs health capacities, in order to strengthen the national health security. Adopting elements of the health legal preparedness model is recommended.

Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis

Directory of Open Access Journals (Sweden)

Odeya Cohen

2015-10-01

Full Text Available Background: Public health legal preparedness (PHLP for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC and developed countries. Objective: This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak. Design: A rigorous literature review was conducted using eight electronic databases as well as Google Scholar. The results encompassed peer-reviewed English articles, reports, theses, and position papers dating from 2011 to 2014. Earlier articles concerning regulatory actions were also examined. Results: The importance of PHLP has grown during the past decade and focuses mainly on infection–disease scenarios. Amid LMICs, it mostly refers to application of international regulations, whereas in developed states, it focuses on independent legislation and creation of conditions optimal to promoting an effective emergency management. Among developed countries, the United States’ utilisation of health legal preparedness is the most advanced, including the creation of a model comprising four elements: law, competencies, information, and coordination. Only limited research has been conducted in this field to date. Nevertheless, in both developed and developing states, studies that focused on regulations and laws activated in health systems during emergencies, identified inconsistency and incoherence. The Ebola outbreak plaguing West Africa since 2014 has global implications, challenges and paralleling results, that were identified in this review. Conclusions: The review has shown the need to broaden international regulations, to deepen reciprocity between countries, and to consider LMICs health capacities, in order to strengthen the national health security. Adopting elements of the health legal preparedness model is recommended.

Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis

Science.gov (United States)

Cohen, Odeya; Feder-Bubis, Paula; Bar-Dayan, Yaron; Adini, Bruria

2015-01-01

Background Public health legal preparedness (PHLP) for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC) and developed countries. Objective This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak. Design A rigorous literature review was conducted using eight electronic databases as well as Google Scholar. The results encompassed peer-reviewed English articles, reports, theses, and position papers dating from 2011 to 2014. Earlier articles concerning regulatory actions were also examined. Results The importance of PHLP has grown during the past decade and focuses mainly on infection–disease scenarios. Amid LMICs, it mostly refers to application of international regulations, whereas in developed states, it focuses on independent legislation and creation of conditions optimal to promoting an effective emergency management. Among developed countries, the United States’ utilisation of health legal preparedness is the most advanced, including the creation of a model comprising four elements: law, competencies, information, and coordination. Only limited research has been conducted in this field to date. Nevertheless, in both developed and developing states, studies that focused on regulations and laws activated in health systems during emergencies, identified inconsistency and incoherence. The Ebola outbreak plaguing West Africa since 2014 has global implications, challenges and paralleling results, that were identified in this review. Conclusions The review has shown the need to broaden international regulations, to deepen reciprocity between countries, and to consider LMICs health capacities, in order to strengthen the national health security. Adopting elements of the health legal preparedness model is recommended. PMID:26449204

Environmental penal law. Legal foundations, aspects of administrative law, practical applications. Umweltstrafrecht. Gesetzliche Grundlagen, verwaltungsrechtliche Zusammenhaenge und praktische Anwendung

Energy Technology Data Exchange (ETDEWEB)

Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.)); Moehrenschlager, M. (Bundesministerium der Justiz, Bonn (Germany, F.R.)); Link, W. (eds.)

1989-01-01

The book intends to present the complexity of the penal code pertaining to environmental protection including the law on environmental offences in a way which makes the subject understandable for the reader. It is therefore not limited to the criminal law proper but looks at the administrative background and aspect of legal proceedings under these laws. Each area is dealt with by specialists from science and practice. The book is adressed to the experts in judiciary administration, industry, science and the interested layman. (orig.).

Entre cifras y normas legales: el trabajo de los menores en Bolivia Entre cifras y normas legales: el trabajo de los menores en Bolivia

Directory of Open Access Journals (Sweden)

María Yamile Hayes Michel

2012-04-01

Full Text Available El presente artículo aborda la temática del trabajo de niños, niñas y adolescentes en Bolivia, a partir de una revisión de la normativa legal vigente, que pretende protegerlos, las cifras y datos estadísticos sobre este tipo de trabajo, y la relación entre las disposiciones legales y la realidad del trabajo en la calle y fuera de ella, evidenciando que resta mucho camino por recorrer para que se produzca una auténtica tutela de los derechos de los menores trabajadores.This The present article have the issue of child and teenager labor in Bolivia, from a review of the current legislation, that pretends to protect them, the statistics number about this kind of works and the relation between the legal dispositions and the job reality in the street and also outside it, showing that much remains to be done to produce a real protection of the rights of working children.

LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

Directory of Open Access Journals (Sweden)

Muhammad Helmy Hakim

2016-05-01

Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

The impact of marijuana policies on youth: clinical, research, and legal update.

Science.gov (United States)

Ammerman, Seth; Ryan, Sheryl; Adelman, William P

2015-03-01

This technical report updates the 2004 American Academy of Pediatrics technical report on the legalization of marijuana. Current epidemiology of marijuana use is presented, as are definitions and biology of marijuana compounds, side effects of marijuana use, and effects of use on adolescent brain development. Issues concerning medical marijuana specifically are also addressed. Concerning legalization of marijuana, 4 different approaches in the United States are discussed: legalization of marijuana solely for medical purposes, decriminalization of recreational use of marijuana, legalization of recreational use of marijuana, and criminal prosecution of recreational (and medical) use of marijuana. These approaches are compared, and the latest available data are presented to aid in forming public policy. The effects on youth of criminal penalties for marijuana use and possession are also addressed, as are the effects or potential effects of the other 3 policy approaches on adolescent marijuana use. Recommendations are included in the accompanying policy statement. Copyright © 2015 by the American Academy of Pediatrics.

[Legal aspects and the treatment procedure of gender dysphoria in Hungary].

Science.gov (United States)

Kórász, Krisztián

2015-07-26

The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

The Road to Psychological Safety: Legal, Scientific, and Social Foundations for a Canadian National Standard on Psychological Safety in the Workplace

Science.gov (United States)

Shain, Martin; Arnold, Ian; GermAnn, Kathy

2012-01-01

In Part 1 of this article, the legal and scientific origins of the concept of psychological safety are examined as background to, and support for, the new Canadian National Standard on Psychological Health and Safety in the Workplace (CSA Z1003/BNQ 9700). It is shown that five factors influencing psychological safety can be identified as being…

Towards nuclear disarmament: State of affairs in the international legal framework

International Nuclear Information System (INIS)

Fanielle, Sylvain

2016-01-01

Since the dawn of the nuclear era, nuclear disarmament has been one of the highest priorities of the international community in ensuring global peace and security. Accordingly, numerous multilateral and bilateral political initiatives have been launched to fulfil this objective in a comprehensive manner. Many of these political efforts have resulted in the negotiation and adoption of legal instruments, which currently comprise the international legal framework on nuclear disarmament. Despite numerous achievements, this framework appears to be at a turning point. As a matter of fact, recent political and diplomatic tensions have reminded the international community that the far-reaching objective of global nuclear disarmament is under continuous pressure. In this context, is the international legal framework on nuclear disarmament effective? This article addresses both development and effectiveness of the international legal framework on nuclear disarmament. It first describes the position of nuclear disarmament within the United Nations (UN) machinery and the related political challenges. It then focuses on the Nuclear Non-Proliferation Treaty (NPT),1 with a particular focus on the interpretation and legal requirements associated with Article VI. Finally, it provides an overview of the Nuclear-Weapon-Free Zones (NWFZs) and their role in the international denuclearization dynamics. (author)

Adjustment of legally binding local plans

DEFF Research Database (Denmark)

Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

2012-01-01

Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

Basic principles of legal protection with regard to the intraorganisational rights and duties of corporate bodies and their organs

International Nuclear Information System (INIS)

Bethge, H.

1980-01-01

While the foundations of disputes concerning the rights and duties of organs under constitutional order are laid down in the Basic Law and in the constitutional order, the dispute concerning the rights and duties of organs under administrative law has been elaborated by administrative jurisdiction and legal science. The author treats major aspects in form of theses. They have to be considered in the formal and material preparation of problems and in the (administrative-) procedural transfer of problems. Competencies assigned to the organs of corporate bodies may be understood as subjective public rights. To open up legally the inner circle of law would not bring about suability automatically. Special circumstances alone would lead to a suable revalorization of competence assignments, as in disputes concerning the rights and duties of organs pertaining to communities, group universities and broadcasting companies. (HSCH) [de

Marketing legal services on the Internet

Directory of Open Access Journals (Sweden)

Alicja Mikołajczyk

2014-09-01

Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

The changing purpose of mental health law: From medicalism to legalism to new legalism.

Science.gov (United States)

Brown, Jennifer

2016-01-01

The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

Artificial intelligence approach to legal reasoning

International Nuclear Information System (INIS)

Gardner, A.V.D.L.

1984-01-01

For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

In Situ Preservation of Underwater Cultural Heritage as an International Legal Principle

Science.gov (United States)

Aznar, Mariano J.

2018-04-01

In situ preservation is not necessarily the best underwater archaeological solution, nor is it legally required in all circumstances. Rather, it is the first and, perhaps, the most technically desirable option, when archaeological, legal, and political circumstances—in that order—so advise. Otherwise, the removal of the historical object or objects found under the sea and their conservation outside the marine environment is another plausible option, provided the archaeological standards accepted by the international scientific community are met. This paper aims to clarify the legal contours of this rule, as codified by the UNESCO Convention on the Protection of the Underwater Cultural Heritage. To this end, it proposes the following basic hypothesis: in situ preservation, as a current legal principle in underwater archaeological activities, is the first option for the protection of that heritage; because it is an option, this preservation may take a different form depending on the circumstances; nothing legally prevents the removal of remains from the seabed, provided it is done properly and they are appropriately preserved; and, finally, if necessary, this should be done as soon as possible, given the circumstances.

Mono pile foundation. Final report

Energy Technology Data Exchange (ETDEWEB)

Lyngesen, S.; Brendstrup, C.

1997-02-01

The use of mono piles as foundations for maritime structures has been developed during the last decades. The installation requirements within the offshore sector have resulted in equipment enabling driving of piles up to 3-4 m to large penetration depths. The availability of this equipment has made the use of large mono piles feasible as foundations for structures like wind turbines. The mono pile foundations consists of three parts; the bare pile, a conical transition and a boat landing. All parts are prefitted at the yard in order to minimise the installation work that has to be carried out offshore. The study of a mono pile foundations for a 1.5 MW wind turbine has been conducted for two locations, Horns Rev and Roedsand. Three different water depths: 5, 8 and 11 m have been investigated in the study. The on-site welding between pile and conical transition is performed by an automatic welding machine. Final testing and eventually repair of the weld are conducted at least 16 hours after welding. This is followed by final installation of J-tube, tie-in to subsea cables and installation of the impressed current system for corrosive protection of the mono pile. The total cost for procurement and installation of the mono pile using the welded connection is estimated. The price does not include procurement and installation of access platform and boat landing. These costs are estimated to 250.000 DKK. Depending on water depth the cost of the pile ranges from 2,2 to 2,7 million DKK. Procurement and fabrication of the pile are approx. 75% of the total costs. The remaining 25% are due to installation. The total costs are very sensitive to the unit price of pile steel. During the project it became obvious that ice load has a very large influence on the dimensions of the mono pile. (EG)

Legal study on water environmental protection of Three Gorges Reservoir Area

Institute of Scientific and Technical Information of China (English)

DENG He

2007-01-01

Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in current legal system for water environmental protection in this area, and also discusses their possible causes and potential problems in the future based on first hand materials and other literature. According to the theories of integrated river basin management and environmental equity principle, legal proposals are put forward, which include building an unitary legal system dedicated to the Reservoir Area, setting up a basin authority of the Yangtze River to preside over the resources protection and development, using interests' compensation system to solve interest conflicts among different reaches, and making concrete regulations to direct public participation in water environmental security protection of the Three Gorges Reservoir Area.

Legal implications of genetics and crime research.

Science.gov (United States)

Denno, D W

1996-01-01

Two controversial topics dominate discussions of the legal implications of genetics and crime research; (1) the viability and politics of such research, which has sparked fervent debate in the USA; and (2) the current status of new or atypical criminal law defences, which would include a genetic-defect defence to criminal behaviour. This chapter begins by examining the scientifically discredited XYY chromosome syndrome defence, the major genetic-defect defence that defendants have attempted, albeit unsuccessfully. It then focuses on attorneys' efforts to test for evidence of genetic abnormality in the recent and highly publicized case involving convicted murderer Stephen Mobley, whose family history reveals four generations of violent, aggressive and behaviourally disordered men and women. Mobley is currently appealing his death sentence before the Georgia Supreme Court on the basis that the trial court denied his request both to have genetic testing performed and to have such testing allowed as evidence into court. This chapter concludes by emphasizing that the question is not whether genetic evidence will ever be admitted into court, but when and under what kinds of circumstances. No doubt, genetic evidence, and comparable kinds of biological evidence, will have a major impact on juries when such evidence is more fully accepted by the legal and scientific communities.

Medical marijuana legalization and cigarette and marijuana co-use in adolescents and adults.

Science.gov (United States)

Wang, Julie B; Ramo, Danielle E; Lisha, Nadra E; Cataldo, Janine K

2016-09-01

Medical marijuana legalization is associated with a higher prevalence of marijuana use which may affect cigarette use and nicotine dependence in co-users. In the present study, we examined relationships between statewide legalization of medical marijuana and prevalence of cigarette and marijuana co-use and nicotine dependence in co-using adolescents and adults. Data were analyzed from the 2013 National Survey on Drug Use and Health. We compared cigarette and marijuana co-use in the past 30days across age categories (12-64 years) by statewide medical marijuana legalization. Logistic regression models were used to estimate the odds of having nicotine dependence among current cigarette smokers who also reported past 30-day marijuana use and "ever but not current" marijuana use (vs. "never" use) adjusting for covariates including statewide legalization of medical marijuana. Overall, 5.1% of the sample reported past 30-day cigarette and marijuana co-use and a higher proportion of co-users resided in states where medical marijuana was legal compared to illegal (5.8% vs. 4.8%; p=0.0011). Co-use was associated with greater odds of having nicotine dependence compared to cigarette-only use across age categories. Odds were highest and up to 3-times higher in adolescents aged 12-17 years (OR=3.54; 95%CI: 1.81-6.92) and adults aged 50-64 years (OR=3.08; CI: 1.45-6.55). Marijuana policy could inadvertently affect cigarette and marijuana co-use and pose challenges to tobacco cessation. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

Directory of Open Access Journals (Sweden)

A. Tyrtyshny

2015-01-01

Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

Topical legal aspects of corruption counteraction in public procurement

Directory of Open Access Journals (Sweden)

Aleksandr Igorevich Zemlin

2015-03-01

Full Text Available Objective to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system on this basis to study legal conflicts and gaps and to develop proposals under the provisions of the National AntiCorruption Plan for 2014ndash2015. Methods historical formallegal logical and systemicfunctional structural and contextual approach to the study of law and theoretical propositions concerning the definition nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results аn aggregate of theoretical conclusions and proposals aimed at perfection of anticorruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty the results of the author39s interpretation of changes in the Russian anticorruption legislation and legislation on the contractual public procurement system existing legal conflicts and gaps. Practical significance developing proposals for improving the standards of anticorruption legislation and legislation on public procurement system under the provisions of the National AntiCorruption Plan for 2014ndash2015. nbsp

Sudden Arrhythmia Death Syndromes (SADS) Foundation

Science.gov (United States)

... SADS Foundation UK SADS Foundation Netherlands SADS Foundation China SADS Foundation Hong Kong Search for: Log in ... research crucial for health of patients and the economy 7/18/2017 More funding for heart disease ...

Implications of marijuana legalization for adolescent substance use.

Science.gov (United States)

Hopfer, Christian

2014-01-01

Marijuana that is legally available for adults has multiple implications for adolescent substance use. One potential effect that legalization may have is an increase in adolescent use to due increased availability, greater social acceptance, and possibly lower prices. Legalization may also facilitate the introduction of new formulations of marijuana (edible, vaporized) and with potentially higher potencies. It is unknown what adolescent consumption patterns will be if marijuana is widely available and marketed in different forms, or what effects different patterns of adolescent use will have on cognition, the development of marijuana use disorders, school performance, and the development of psychotic illnesses. Also unclear is whether adolescent users will be experiencing higher levels of tetrahydrocannabinol (THC) compared with previous generations of users due to higher potencies. Although previous studies of the effects of adolescent marijuana use provide some guidance for current policy and public health recommendations, many new studies will be needed that answer questions in the context of use within a legal adult environment. Claims that marijuana has medicinal benefits create additional challenges for adolescent prevention efforts, as they contrast with messages of its harmfulness. Prevention and treatment approaches will need to address perceptions of the safety of marijuana, claims of its medicinal use, and consider family-wide effects as older siblings and parents may increasingly openly consume and advocate for marijuana use. Guidance for primary care physicians will be needed regarded screening and counseling. Widespread legalization and acceptance of marijuana implies that as law enforcement approaches for marijuana control decline, public health, medical, and scientific efforts to understand and reduce negative consequences of adolescent marijuana use need to be substantially increased to levels commensurate with those efforts for tobacco and alcohol.

Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

International Nuclear Information System (INIS)

Belokrylova, Ekaterina A

2013-01-01

Nowadays one of the principal innovative spheres in Russia is considered to be a rapid development of nanotechnology and nanomaterials and implementation its products into almost all fields of social and industrial life. Nevertheless, despite the pointed advantages an appearance of nano products has set not only a positive example of the scientific progress development and dynamics, but also a potential threat of possible risks for the environment and people's health in the case of its massive use when there is a lack of research about its impacts. In Russian Federation the problem of nanosafety regulation is extremely actual. A number of international documents have noted a lack of legal regulation in the sphere of nanotechnologies in Russian Federation. Thus, according to the strategic EU program, it's mentioned that in 2009 on an annual meeting of OECD Tour de Table Meeting in Paris (November, 2007) Russia took responsibility to develop a long term program of nanoindustry development by 2015 (Nanotechnology Action Plan for Russia-2015). The key role should be dedicated to the nanosafety aspects and potential risk assessment of nanomaterials for environment and humans' health. Unfortunately, until now Russia did not provide this document for discussion at the international level by the partners of nanoconsortcium. Indeed, from 2007 until nowadays in Russian Federation there are no a single federal act of legislation (federal'nyi zakon), establishing the state foundations of regulation of nanosafety. The only one Federeal Legal Act in the described sphere is the Federalniy Zakon from 19 July 2007 A bout the Russian corporation of nanotechnologies , which has established the principles of organization, activites, functions and termination of Rosnanotech. However, there are no articles dedicated to the environmental safety provision in regards of nano products applications. Also there is no complex federal act consolidating legal status of action in the field of

Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

Science.gov (United States)

Belokrylova, Ekaterina A.

2013-04-01

Nowadays one of the principal innovative spheres in Russia is considered to be a rapid development of nanotechnology and nanomaterials and implementation its products into almost all fields of social and industrial life. Nevertheless, despite the pointed advantages an appearance of nano products has set not only a positive example of the scientific progress development and dynamics, but also a potential threat of possible risks for the environment and people's health in the case of its massive use when there is a lack of research about its impacts. In Russian Federation the problem of nanosafety regulation is extremely actual. A number of international documents have noted a lack of legal regulation in the sphere of nanotechnologies in Russian Federation. Thus, according to the strategic EU program, it's mentioned that in 2009 on an annual meeting of OECD Tour de Table Meeting in Paris (November, 2007) Russia took responsibility to develop a long term program of nanoindustry development by 2015 (Nanotechnology Action Plan for Russia-2015). The key role should be dedicated to the nanosafety aspects and potential risk assessment of nanomaterials for environment and humans' health. Unfortunately, until now Russia did not provide this document for discussion at the international level by the partners of nanoconsortcium. Indeed, from 2007 until nowadays in Russian Federation there are no a single federal act of legislation (federal'nyi zakon), establishing the state foundations of regulation of nanosafety. The only one Federeal Legal Act in the described sphere is the Federalniy Zakon from 19 July 2007 "About the Russian corporation of nanotechnologies", which has established the principles of organization, activites, functions and termination of Rosnanotech. However, there are no articles dedicated to the environmental safety provision in regards of nano products applications. Also there is no complex federal act consolidating legal status of action in the field of

Use of reinforced soil foundation (RSF) to support shallow foundation : summary report.

Science.gov (United States)

2008-05-01

This research study investigates the potential benefits of using reinforced soil foundations to improve the bearing capacity and reduce the settlement of shallow foundations on soils. To implement this objective, a total of 117 tests, including 38 la...

"Legal Highs"--An Emerging Epidemic of Novel Psychoactive Substances.

Science.gov (United States)

Zawilska, Jolanta B

2015-01-01

During the last decade, there has been an increase in the availability and use of novel psychoactive substances (NPS), also known as "legal highs," across the world. They include a wide range of products, from natural plant-originated substances to synthetic compounds, that can be purchased both online and from high street retailers. "Legal highs" mimic psychoactive effects of illicit drugs of abuse. However, they are claimed to consist of compounds that are legal to sell, possess, and use, often labeled as "not for human consumption" to circumvent drug abuse legislation. Based on the spectrum of their actions on cognitive processes, mood, and behavior, "legal highs" can be classified into four basis categories: amphetamine- and ecstasy-like stimulants, synthetic cannabinoids (SCs), hallucinogenic/dissociative, and opioid-like compounds. NPS may, however, exhibit a combination of these actions due to their designed chemical structure. Although the prevalence and pattern of NPS use differ between various countries, the most popular groups are SCs and psychostimulants, described in this chapter. Currently, there is limited information available on the potential acute toxicity (harms) associated with the use of these substances. However, the number of intoxicated people presenting with emergencies is constantly increasing, providing evidence that negative health and social consequences may indeed seriously affect recreational and chronic users. © 2015 Elsevier Inc. All rights reserved.

One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

OpenAIRE

Werner Krawietz

2014-01-01

In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

The New Legal Framework for Acquiring ‘Well-Known’ Status in China

DEFF Research Database (Denmark)

Xiao, Kaiyu; Barrett Christiansen, Claus; Elsmore, Matthew James

2017-01-01

In China there is a new legal framework governing the determination of ‘well-known’ trade mark status. In this article, we identify several substantive and procedural innovations as regards the new rules, as well as drawing attention to attendant Chinese peculiarities that are also worthy...... of attention. Our legal analysis comprises a mix of positive and constructive critique of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional set-up in China. The article’s aim is to detail the new...... provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China....

Marketing legal services on the Internet

OpenAIRE

Alicja Mikołajczyk

2014-01-01

This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

Energy Technology Data Exchange (ETDEWEB)

Ma, Deqiang [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Fang, Qinhua, E-mail: qhfang@xmu.edu.cn [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Guan, Song [Coastal and Ocean Management Institute, Xiamen University, 361102 (China)

2016-01-15

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

International Nuclear Information System (INIS)

Ma, Deqiang; Fang, Qinhua; Guan, Song

2016-01-01

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

Compressor Foundation Analysis Tool(COFANTO)

NARCIS (Netherlands)

Eijk, A.; Lentzen, S.S.K; Zuada Coelho, B.E.; Galanti, F.M.B.

2012-01-01

Reciprocating compressors are generally supported on a heavy concrete foundation. In spite of the large inertia and stiffness of the foundation, problems can occur due to interaction between the mechanical installation and the foundation. Two types of problems may occur. In the first type, the

Vertical Dynamic Stiffness of Offshore Foundations

DEFF Research Database (Denmark)

Latini, Chiara; Cisternino, Michele; Zania, Varvara

2016-01-01

Nowadays, pile and suction caisson foundations are widely used to support offshore structures which are subjected to vertical dynamic loads. The dynamic soil-structure interaction of floating foundations (foundations embedded in a soil layer whose height is greater than the foundation length) is ...

Literature review on cyclic lateral loading effects of mono-bucket foundations

DEFF Research Database (Denmark)

Kapitanov, Lachezar Rosenov; Duroska, Peter; Quirante, Cesar Antonio Garcia

2016-01-01

and consequently cost-effectiveness compared to other common solutions. The long-term cyclic loading can cause degradation of soil-bucket system stiffness, which yields into accumulated and permanent deformations. Despite of the advantages, there is no standard procedure to design the foundation especially...... calculation is highly demanded at the different design phases. The intention of the current study is to present, review and summarize the existing techniques to assess the effect of cyclic loading on Mono-Bucket foundations while emphasizing the advantage and disadvantage of each of them. Additionally...

Forensic Odontology: A Boon to Community in Medico-legal Affairs

Directory of Open Access Journals (Sweden)

Ramasamy Chidambaram

2016-03-01

Full Text Available Forensic odontology is a sub-discipline of dental science which involves the relationship between dentistry and the law. The specialty of forensic odontology is applied in radiographic investigation, human bite marks analysis, anthropologic examination and during mass disasters. Besides the fact that radiographs require pretentious laboratory, it is still claimed to be a facile, rapid, non-invasive method of age identification in the deceased. The budding DNA technology has conquered the traditional procedures and currently being contemplated as chief investigating tool in revealing the hidden mysteries of victims and suspects, especially in hopeless circumstances. Forensic odontology has played a chief role in solving cold cases and proved to be strong evidence in the court of law. Systematic collection of dental records and preservation of the same would marshal the legal officials in identification of the deceased. To serve the forensic operation and legal authorities, dental professionals need to be familiar with the basics of forensic odontology, which would create a consciousness to preserve the dental data. The aim of this paper is to emphasize the vital applications of forensic odontology in medico-legal issues. Conjointly the recent advancements applied in forensic human identification have been updated. Keywords: bite marks; dental records; forensic identification; mass disaster; medico-legal issues. | PubMed

Abortion legalized: challenges ahead.

Science.gov (United States)

Singh, M; Jha, R

2007-01-01

To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

UN legal advisers meet

International Nuclear Information System (INIS)

1969-01-01

Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

The Foundation Supernova Survey: motivation, design, implementation, and first data release

Science.gov (United States)

Foley, Ryan J.; Scolnic, Daniel; Rest, Armin; Jha, S. W.; Pan, Y.-C.; Riess, A. G.; Challis, P.; Chambers, K. C.; Coulter, D. A.; Dettman, K. G.; Foley, M. M.; Fox, O. D.; Huber, M. E.; Jones, D. O.; Kilpatrick, C. D.; Kirshner, R. P.; Schultz, A. S. B.; Siebert, M. R.; Flewelling, H. A.; Gibson, B.; Magnier, E. A.; Miller, J. A.; Primak, N.; Smartt, S. J.; Smith, K. W.; Wainscoat, R. J.; Waters, C.; Willman, M.

2018-03-01

The Foundation Supernova Survey aims to provide a large, high-fidelity, homogeneous, and precisely calibrated low-redshift Type Ia supernova (SN Ia) sample for cosmology. The calibration of the current low-redshift SN sample is the largest component of systematic uncertainties for SN cosmology, and new data are necessary to make progress. We present the motivation, survey design, observation strategy, implementation, and first results for the Foundation Supernova Survey. We are using the Pan-STARRS telescope to obtain photometry for up to 800 SNe Ia at z ≲ 0.1. This strategy has several unique advantages: (1) the Pan-STARRS system is a superbly calibrated telescopic system, (2) Pan-STARRS has observed 3/4 of the sky in grizyP1 making future template observations unnecessary, (3) we have a well-tested data-reduction pipeline, and (4) we have observed ˜3000 high-redshift SNe Ia on this system. Here, we present our initial sample of 225 SN Ia grizP1 light curves, of which 180 pass all criteria for inclusion in a cosmological sample. The Foundation Supernova Survey already contains more cosmologically useful SNe Ia than all other published low-redshift SN Ia samples combined. We expect that the systematic uncertainties for the Foundation Supernova Sample will be two to three times smaller than other low-redshift samples. We find that our cosmologically useful sample has an intrinsic scatter of 0.111 mag, smaller than other low-redshift samples. We perform detailed simulations showing that simply replacing the current low-redshift SN Ia sample with an equally sized Foundation sample will improve the precision on the dark energy equation-of-state parameter by 35 per cent, and the dark energy figure of merit by 72 per cent.

Abortion Legalization and Adolescent Substance Use

OpenAIRE

Charles, Kerwin Kofi; Stephens, Melvin, Jr

2006-01-01

We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

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

Science.gov (United States)

Grosse, Claudia; Grosse, Alexandra

2015-10-01

This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

Formal and Legal Aspects of Buying and Commissioning Flats

Science.gov (United States)

Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

2017-10-01

Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. BUTCULESCU

2014-05-01

Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

The logical foundations of mathematics

CERN Document Server

Hatcher, William S

1981-01-01

The Logical Foundations of Mathematics offers a study of the foundations of mathematics, stressing comparisons between and critical analyses of the major non-constructive foundational systems. The position of constructivism within the spectrum of foundational philosophies is discussed, along with the exact relationship between topos theory and set theory.Comprised of eight chapters, this book begins with an introduction to first-order logic. In particular, two complete systems of axioms and rules for the first-order predicate calculus are given, one for efficiency in proving metatheorems, and

Investment Activities within the Legal Framework of the World Trade Organization

Directory of Open Access Journals (Sweden)

Gulnara Ruchkina

2015-01-01

Full Text Available This article contains an analysis of legal regulation of investment activities within the framework of the WTO. It considers factors that promote the establishment of a favorable investment climate, including the availability of special legislation, an efficient law enforcement practice and, as noted by many experts, availability and clarity of the judicial mechanism for the protection of violated rights. Recent foreign experience is analyzed and some issues of investment dispute settlement are considered. The article also deals with issues concerning the formation of competitive relations that, in their turn, also constitute an important factor of a state’s investment appeal.Investment activities constitute a popular type of entrepreneurial activity. Every state, regardless of where it is located or its level of economic development, aims to increase its investment activities and raise foreign investment inflow. To do this they adopt national regulatory acts and sign bilateral agreements, multilateral agreements, and execute international legal acts in the area of investment activities. This results in the need for examination of legal regulation in this area. Russia joining the WTO has resulted in regular revisions of current legal regulation, in particular in the law on foreign investments.

What factors influence UK medical students' choice of foundation school?

Science.gov (United States)

Miah, Saiful; Pang, Karl H; Rebello, Wayne; Rubakumar, Zoe; Fung, Victoria; Venugopal, Suresh; Begum, Hena

2017-01-01

We aimed to identify the factors influencing UK medical student applicants' choice of foundation school. We also explored the factors that doctors currently approaching the end of their 2-year program believe should be considered. A cross-sectional study was conducted during the 2013-2014 academic year. An online questionnaire was distributed to 2092 final-year medical students from nine UK medical schools and 84 foundation year-2 (FY2) doctors from eight foundation schools. Participants were asked to rank their top 3 from a list of 12 factors that could potentially influence choice of foundation school on a 5-point Likert scale. Collated categorical data from the two groups were compared using a chi-square test with Yates correction. Geographic location was overwhelmingly the most important factor for medical students and FY2 doctors with 97.2% and 98.8% in agreement, respectively. Social relationships played a pivotal role for medical student applicants. Clinical specialties within the rotations were of less importance to medical students, in comparison to location and social relationships. In contrast, FY2 doctors placed a significantly greater importance on the specialties undertaken in their 2-year training program, when compared to medical students (chi-square; p =0.0001). UK medical schools should make their foundation program applicants aware of the importance of choosing rotations based on specialties that will be undertaken. Individual foundation schools could provide a more favorable linked application system and greater choice and flexibility of specialties within their 2-year program, potentially making their institution more attractive to future applicants.

Commission on Legal Matters

CERN Multimedia

Staff Association

2016-01-01

What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

The Multiplication Effect of Legal Insurance

NARCIS (Netherlands)

J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

2016-01-01

textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

Legalization of prostitution and decriminalization of related activities in Ukraine

OpenAIRE

Олександр Едуардович Радутний

2016-01-01

The paper discusses pros and cons of the legalization of prostitution and decriminalization of related activities, proves the necessity of resolving the issue from the perspective of human rights and interests of society, proposes changes to the current legislation of Ukraine and specific methods of information support of this process.

School Psychology in Rural Contexts: Ethical, Professional, and Legal Issues

Science.gov (United States)

Edwards, Lynn M.; Sullivan, Amanda L.

2014-01-01

Delivering psychological services in rural communities presents a number of unique challenges for practitioners relative to their peers in urban and suburban communities. In this article, the authors describe the current context of rural schools and examine the ethical and legal issues school psychologists may face when practicing in rural…

Robert Wood Johnson Foundation

Science.gov (United States)

Robert Wood Johnson Foundation Search How We Work Our Focus Areas About RWJF Search Menu How We Work Grants ... Learn more For Grantees and Grantseekers The Robert Wood Johnson Foundation funds a wide array of programs ...

Can legal research benefit from evaluation studies?

Directory of Open Access Journals (Sweden)

Frans L. Leeuw

2011-01-01

Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

Legal positions of the Constitutional Court of Ukraine: main signs and definition

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

45 CFR 400.115 - Establishing legal responsibility.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2015-11-01

Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2018-01-01

Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

Legal Education in Brazil: maintaining the scientific positivism and consoliding the authoritarism in the criminal control

Directory of Open Access Journals (Sweden)

Débora Regina Pastana

2008-03-01

Full Text Available This article reports analyses and conclusions formulated from comments about Brazilian Criminal Justice and that they had given to origin the thesis “Criminal Justice in Current Brazil: Democratic speech - practical authoritarian”. Focusing specifically national legal education, this text looks for to associate the maintenance of the authoritarianism in the criminal control to the positivist tradition of national legal science.

Foundations of measurement

CERN Document Server

Suppes, Patrick

1989-01-01

Foundations of Measurement offers the most coherently organized treatment of the topics and issues central to measurement. Much of the research involved has been scattered over several decades and a multitude of journals--available in many instances only to specialties. With the publication of Volumes two and three of this important work, Foundations of Measurement is the most comprehensive presentation in the area of measurement.

The Economic-Managerial Substantiation of Quality through the Prism of the Philosophical-Legal Aspects

Directory of Open Access Journals (Sweden)

Beztelesna Liudmyla I.

2017-11-01

Full Text Available The article is aimed at studying the theoretical foundations of origin and use of the concept of «quality» in the economic environment. The evolution of the concept of «quality» was researched, as a result it was found that the term «quality» has both objective (measurable and computational and subjective (measurable only individually characteristics. Systematization in relation to the concept of «quality» is carried out both at the macro level – through development of the whole of normative-legal acts, and at the micro level – when the enterprises choose their own management strategies. The assessment of the legal interpretation of the category of «quality» in the article allowed to assert that the key is the Law of Ukraine «On protection of consumer rights», but in their activity domestic enterprises in parallel apply the standards of DSTU ISO of the Series 9000, the use of which is a kind of evidence of the reliability of a business partner. Evidence of the quality of each individual product or service is compliance with certain industry standards.

Helical piles: an innovative foundation design option for offshore wind turbines.

Science.gov (United States)

Byrne, B W; Houlsby, G T

2015-02-28

Offshore wind turbines play a key part in the renewable energy strategy in the UK and Europe as well as in other parts of the world (for example, China). The majority of current developments, certainly in UK waters, have taken place in relatively shallow water and close to shore. This limits the scale of the engineering to relatively simple structures, such as those using monopile foundations, and these have been the most common design to date, in UK waters. However, as larger turbines are designed, or they are placed in deeper water, it will be necessary to use multi-footing structures such as tripods or jackets. For these designs, the tension on the upwind footing becomes the critical design condition. Driven pile foundations could be used, as could suction-installed foundations. However, in this paper, we present another concept-the use of helical pile foundations. These foundations are routinely applied onshore where large tension capacities are required. However, for use offshore, a significant upscaling of the technology will be needed, particularly of the equipment required for installation of the piles. A clear understanding of the relevant geotechnical engineering will be needed if this upscaling is to be successful. © 2015 The Author(s) Published by the Royal Society. All rights reserved.

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-01-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks. PMID:28502999

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis.

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-06-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks.

Perceived Need Versus Current Spending: Gaps in Providing Foundational Public Health Services in Communities.

Science.gov (United States)

Bekemeier, Betty; Marlowe, Justin; Squires, Linda Sharee; Tebaldi, Jennifer; Park, Seungeun

Our objective was to estimate the gap between the costs for local health jurisdictions (LHJs) to provide foundational public health services (FPHS) and actual spending on FPHS and to examine factors associated with that gap. We employed resource-based cost estimation methods for this observational study and conducted multivariate analyses with measures derived from secondary administrative data. We used primary data collected from LHJ leaders that depicted 2014 spending and perceived need. We also included secondary administrative data depicting annual 2000-2013 expenditures organized into categories containing key elements of FPHS areas. We included primary data from a representative sample of 10 LHJs in Washington State and secondary data for all 35 LHJs in Washington. Participants were public health practice leaders from each sample LHJ. Our main outcome of interest was the gap identified between current spending and the perceived spending needed to provide FPHS in a jurisdiction. Actual FPHS spending was approximately 65% of spending needed to provide overall FPHS for our sample LHJs, but the size of the gap varied substantially by program. Some gaps also varied widely by LHJ, with spending gaps widest among rural and high poverty communities. Percent poverty and the metropolitan nature of a jurisdiction were factors significantly related to FPHS spending in our multivariate analyses. Actual spending lags far behind local officials' estimates of spending needed to provide FPHS and is likely influenced by local conditions. Major apparent gaps between spending and need, particularly in areas such as costly Business Competencies, underscore the need for cross-cutting capabilities to support public health system responsiveness and for attention to be paid to local conditions.

Should Drugs Be Legalized?

Science.gov (United States)

Chambliss, William; Scorza, Thomas

1989-01-01

Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

Legal Coordinator | IDRC - International Development Research ...

International Development Research Centre (IDRC) Digital Library (Canada)

Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

Introductory guide to foundations

CSIR Research Space (South Africa)

Donaldson, GW

1973-01-01

Full Text Available . The secret of successful foundations is knowing just how much the subsoil can support. As one goes deeper, the ability of the ground to support a load becomes greater so that the foundation engineer can choose between deep foundations and the expense... beginstoinaease. When the house is ~ ~ p l e t e d it shelters the gmund f f ~ m sun and wind and the moisture content i- wen more rapidly- Leaking pipes and sewers increase the volume of water fed to the clay while ornamental trees planted around the house...

Foundations of pulsed power technology

CERN Document Server

Lehr, Janet

2018-01-01

Pulsed power technologies could be an answer to many cutting-edge applications. The challenge is in how to develop this high-power/high-energy technology to fit current market demands of low-energy consuming applications. This book provides a comprehensive look at pulsed power technology and shows how it can be improved upon for the world of today and tomorrow. Foundations of Pulsed Power Technology focuses on the design and construction of the building blocks as well as their optimum assembly for synergetic high performance of the overall pulsed power system. Filled with numerous design examples throughout, the book offers chapter coverage on various subjects such as: Marx generators and Marx-like circuits; pulse transformers; pulse-forming lines; closing switches; opening switches; multi-gigawatt to multi-terawatt systems; energy storage in capacitor banks; electrical breakdown in gases; electrical breakdown in solids, liquids and vacuum; pulsed voltage and current measurements; electromagnetic interferen...

Legal clinic gender sensitive method for law students

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2008-01-01

Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

Legalization of prostitution and decriminalization of related activities in Ukraine

Directory of Open Access Journals (Sweden)

Олександр Едуардович Радутний

2016-06-01

Full Text Available The paper discusses pros and cons of the legalization of prostitution and decriminalization of related activities, proves the necessity of resolving the issue from the perspective of human rights and interests of society, proposes changes to the current legislation of Ukraine and specific methods of information support of this process.

The Legal Ethical Backbone of Conscientious Refusal

DEFF Research Database (Denmark)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

Hospitalization in Parkinson disease: a survey of National Parkinson Foundation Centers

NARCIS (Netherlands)

Chou, K.L.; Zamudio, J.; Schmidt, P.; Price, C.C.; Parashos, S.A.; Bloem, B.R.; Lyons, K.E.; Christine, C.W.; Pahwa, R.; Bodis-Wollner, I.; Oertel, W.H.; Suchowersky, O.; Aminoff, M.J.; Malaty, I.A.; Friedman, J.H.; Okun, M.S.

2011-01-01

OBJECTIVES: To explore current practices and opinions regarding hospital management of Parkinson disease (PD) patients in specialized PD Centers. METHODS: Fifty-one out of 54 National Parkinson Foundation (NPF) Centers worldwide completed an online survey regarding hospitalization of PD patients.

Planning an accessible expo 2020 within Dubai’s 5 star hotel industry from legal and ethical perspectives

Directory of Open Access Journals (Sweden)

Stephanie Morris

2016-03-01

Full Text Available Purpose – The purpose of this paper is to provide an understanding of the accessibility laws currently in effect in the United Arab Emirates and, specifically, Dubai. Further, it recommends methods of integrating accessible hospitality and tourism in Dubai with core legal and ethical direction in preparation for EXPO 2020. Design/methodology/approach – Review of current legislation and analysis of interpretation by industry providers was used to illustrate the impact on the current accessibility environment in Dubai and to recommend a revised regulatory scheme. Findings – The paper explains how legal and ethical issues have influenced the planning and building of 5 star hotels in Dubai, and offers recommendations for amendments and additions to the region’s current laws that address needs of people with disabilities (PwD. Originality/value – Little research has been conducted in the region concerning the rights and needs of PwD. The paper significantly contributes by demonstrating how an ethical and legal framework will address the needs of PwD thereby aiding in Dubai’s successful hosting of EXPO 2020. This contribution is notably opportune in view of the anticipated changes in applicable legislation.

Kellogg Foundation Initiative: Rewriting the Way Foundations Do Business in Indian Country.

Science.gov (United States)

Boyer, Paul

2000-01-01

Describes the multi-million dollar initiative announced by W. K. Kellogg Foundation in 1995 to support the Native American Higher Education Initiative, and how the Kellogg initiative deserves attention from the nation as a whole because it is attempting to fundamentally rewrite the way foundations do business with Indian communities. (VWC)

Legal capital: an outdated concept

OpenAIRE

John Armour

2006-01-01

This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

The Analysis of the National Legal and Regulatory Grounds for the Institutional Autonomy of Higher Education Institutions

Directory of Open Access Journals (Sweden)

Andriichenko Zhanna O.

2017-11-01

Full Text Available The article identifies and systematizes the existing legal obstacles to the autonomy of higher education institution and develops recommendations to overcome them. The approaches to establishing the legal status of institutions of higher education in the current legislation of Ukraine are characterized. The impact of the legal status of higher education institution on its legal personality and the institutional autonomy has been determined. Views of scholars together with foreign experience of property titles in the imposition of property on higher education institution, were analyzed. Directions for the development of legal regulation of the system of public law legal entities in Ukraine have been defined. In order to ensure the development of the model of public administration in the sphere of higher education, it has been proposed that most of the higher education institutions should change the legal status of public legal entity – budgetary institution to the status of private legal entity – profitable or non-profitable higher education institution of the public / communal form of ownership, for which the founder would regularize property on the right of ownership. This will eliminate the conservatism, strict regulation on the part of the State, that is linked to the status of publicity, and, in order to develop the autonomy of higher education institution, will allow to take advantage of dispositivity inherent in private law entities in determining their legal personality.

A load-displacement based approach to assess the bearing capacity and deformations of mono-bucket foundations

DEFF Research Database (Denmark)

Vahdatirad, Mohammadjavad; Diaz, Alberto Troya; Nielsen, Søren

2016-01-01

It is now accepted that a larger effort must be made in order to optimize the design so that offshore wind turbines can be competitive with the other energy resources. In this regard, mono-buckets are known as a cost-effective offshore foundation solution. In the current study, a load–displacemen......It is now accepted that a larger effort must be made in order to optimize the design so that offshore wind turbines can be competitive with the other energy resources. In this regard, mono-buckets are known as a cost-effective offshore foundation solution. In the current study, a load...... and run the calculations is proposed. The model is validated, and its accuracy is analyzed, by comparison with field test results for a bucket foundation installed in silty, sandy soil....

Swiss Foundation Code 2015 principles and recommendations for the establishment and management of grant-making foundations

CERN Document Server

Sprecher, Thomas; Schnurbein, Georg von

2015-01-01

The publication 'Swiss Foundation Code' contains practical governance guidelines on the topics of the establishment of foundations, their organisation, management and supervision, their charitable work and also on finance and investment policy for the contemporary and professional management of charitable foundations.

Modelling Foundations and Applications

DEFF Research Database (Denmark)

This book constitutes the refereed proceedings of the 8th European Conference on Modelling Foundations and Applications, held in Kgs. Lyngby, Denmark, in July 2012. The 20 revised full foundations track papers and 10 revised full applications track papers presented were carefully reviewed...

The Jan Korec Foundation

International Nuclear Information System (INIS)

2007-01-01

In this video-film activities of the the Jan Korec Foundation are presented. The Jan Korec Foundation supports students of technical sciences, sport activities, science and support of book publishing, humanitarian supports, the environment protection as well as support of different social projects.

Legal Regimes of Official Information in Ukraine

Directory of Open Access Journals (Sweden)

Serhii Yesimov

2018-04-01

Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.

Designing strip footing foundations using expanded polystyrene (EPS) as fill material

DEFF Research Database (Denmark)

Psarropoulos, Prodromos; Zania, Varvara; Spyrakos, Konstantinos

2010-01-01

One of the modern uses of expanded polystyrene (EPS) is in strip footings as fill material. The current study investigates the effect of the geofoam filling in the static and seismic design of the base slab founded on strip footings. For this purpose the finite element method is employed, and three......-dimensional as well as two-dimensional parametric analyses are conducted taking into account static and seismic loading conditions. The interaction of the soil–geofoam–foundation system is taken into consideration. The use of EPS as fill material in foundation systems is proven to be not only technically but also...

Current Empirical Premises to the Disclosure of the Secrets of Property in Law: A Foundation and a Guideline for Future Research

Directory of Open Access Journals (Sweden)

Geir Stenseth

2008-12-01

Full Text Available This article presents an empirical legal study in the field of property theory. I take as my point of departure the perspective of exclusion. Such a basic perspective falls short, however, when we conceptualize the exceptions from the exclusion rule. In this respect, a diversified set of considerations and concerns claims attention, including the nature of the relationship between the possessor and the object in question. This research digs into the new achievements in the fields of economics and life sciences, investigating the validity and relevance of arguments which may be derived from the possessor-object dimension. The findings suggest a differentiated view on how people comprehend various situations of possession, and the article proposes a gradual theoretical model for shaping and managing the legal concept of property in this respect. Finally, I indicate some practical legal topics which may take advantage of the model (e.g. the field of expropriation, the problem of whether a possession should be protected by a property rule or by a liability rule, and the problems related to property as a human right.

Economic and legal consequences of concluded apparent legal on national interests in Montenegro

Directory of Open Access Journals (Sweden)

Vuksanović Draginja

2017-01-01

Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

The Legal Ethical Backbone of Conscientious Refusal.

Science.gov (United States)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

Desarrollo constitucional, legal y jurisprudencia del principio de rigor subsidiario

Directory of Open Access Journals (Sweden)

Germán Eduardo Cifuentes Sandoval

2013-09-01

Full Text Available In colombia the environment state administration is in charge of environmental national system, SINA, SINA is made up of states entities that coexist beneath a mixed organization of centralization and decentralization. SINA decentralization express itself in a administrative and territorial level, and is waited that entities that function under this structure act in a coordinated way in order to reach suggested objectives in the environmental national politicy. To achieve the coordinated environmental administration through entities that define the SINA, the environmental legislation of Colombia has include three basic principles: 1. The principle of “armorial regional” 2. The principle of “gradationnormative” 3. The principle of “rigorsubsidiaries”. These principles belong to the article 63, law 99 of 1933, and even in the case of the two first, it is possible to find equivalents in other norms that integrate the Colombian legal system, it does not happen in that way with the “ rigor subsidiaries” because its elements are uniques of the environmental normativity and do not seem to be similar to those that make part of the principle of “ subsidiaridad” present in the article 288 of the politic constitution. The “ rigor subsidiaries” give to decentralizates entities certain type of special ability to modify the current environmental legislation to defend the local ecological patrimony. It is an administrative ability with a foundation in the decentralization autonomy that allows to take place of the reglamentary denied of the legislative power with the condition that the new normativity be more demanding that the one that belongs to the central level

Civil legal responsibility for environmental pollution

Directory of Open Access Journals (Sweden)

Pajtić Bojan L.

2015-01-01

Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

Directory of Open Access Journals (Sweden)

Amelia-Raluca ONIŞOR

2016-05-01

Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

What factors influence UK medical students’ choice of foundation school?

Science.gov (United States)

Miah, Saiful; Pang, Karl H; Rebello, Wayne; Rubakumar, Zoe; Fung, Victoria; Venugopal, Suresh; Begum, Hena

2017-01-01

Background We aimed to identify the factors influencing UK medical student applicants’ choice of foundation school. We also explored the factors that doctors currently approaching the end of their 2-year program believe should be considered. Methods A cross-sectional study was conducted during the 2013–2014 academic year. An online questionnaire was distributed to 2092 final-year medical students from nine UK medical schools and 84 foundation year-2 (FY2) doctors from eight foundation schools. Participants were asked to rank their top 3 from a list of 12 factors that could potentially influence choice of foundation school on a 5-point Likert scale. Collated categorical data from the two groups were compared using a chi-square test with Yates correction. Results Geographic location was overwhelmingly the most important factor for medical students and FY2 doctors with 97.2% and 98.8% in agreement, respectively. Social relationships played a pivotal role for medical student applicants. Clinical specialties within the rotations were of less importance to medical students, in comparison to location and social relationships. In contrast, FY2 doctors placed a significantly greater importance on the specialties undertaken in their 2-year training program, when compared to medical students (chi-square; p=0.0001). Conclusion UK medical schools should make their foundation program applicants aware of the importance of choosing rotations based on specialties that will be undertaken. Individual foundation schools could provide a more favorable linked application system and greater choice and flexibility of specialties within their 2-year program, potentially making their institution more attractive to future applicants. PMID:28458589

Swiss Foundation Code 2009 principles and recommendations for the establishment and management of grant-making foundations

CERN Document Server

Sprecher, Thomas; Janssen, Martin

2011-01-01

The «Swiss Foundation Code 2009» takes up and completes the first European Good Governance Code for grant-making foundations, published in 2005. It contains practical governance guidelines regarding the establishment, organization, management and monitoring of grant-making foundations as well as making due reference to support activities, financial and investment policies. The abridged English version of the „Swiss Foundation Code 2009“ contains 3 principles and 26 recommendations – but not the extensive commentary parts.

Bucket Foundation Response Under Various Displacement Rates

DEFF Research Database (Denmark)

Vaitkunaite, Evelina; Nielsen, Benjaminn Nordahl; Ibsen, Lars Bo

2016-01-01

in a multi-bucket foundation system. The foundation model is at a scale of approximately 1:20 prototype foundation size. The tests are performed in a pressure tank with the foundation model installed in dense sand. Based on the data, the conclusion is that the bucket foundation design in a storm case should......The present testing program aims at showing the pore pressure response around a bucket foundation skirt as well as the load and displacement change due to ten different displacement rates. Research findings are useful for a numerical model calibration focusing on the design of the upwind foundation...

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts

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Mohammad Hajizadeh

2016-08-01

Full Text Available Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.

Science.gov (United States)

Hajizadeh, Mohammad

2016-05-25

Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. © 2016 by Kerman University of Medical Sciences.

Foundations for Critical Thinking

Science.gov (United States)

Bers, Trudy; Chun, Marc; Daly, William T.; Harrington, Christine; Tobolowsky, Barbara F.

2015-01-01

"Foundations for Critical Thinking" explores the landscape of critical-thinking skill development and pedagogy through foundational chapters and institutional case studies involving a range of students in diverse settings. By establishing a link between active learning and improved critical thinking, this resource encourages all higher…

Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

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Konrad Graf

2011-08-01

Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

Organizational Factors Affecting Legalization in Education.

Science.gov (United States)

Meyer, John W.

Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

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Carlos Enrique Escobar Gónima

2002-02-01

Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

Integrating Brain Science and Law: Neuroscientific Evidence and Legal Perspectives on Protecting Individual Liberties

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Calvin J. Kraft

2017-11-01

Full Text Available Advances in neuroscientific techniques have found increasingly broader applications, including in legal neuroscience (or “neurolaw”, where experts in the brain sciences are called to testify in the courtroom. But does the incursion of neuroscience into the legal sphere constitute a threat to individual liberties? And what legal protections are there against such threats? In this paper, we outline individual rights as they interact with neuroscientific methods. We then proceed to examine the current uses of neuroscientific evidence, and ultimately determine whether the rights of the individual are endangered by such approaches. Based on our analysis, we conclude that while federal evidence rules constitute a substantial hurdle for the use of neuroscientific evidence, more ethical safeguards are needed to protect against future violations of fundamental rights. Finally, we assert that it will be increasingly imperative for the legal and neuroscientific communities to work together to better define the limits, capabilities, and intended direction of neuroscientific methods applicable for use in law.

Nuclear forensics-metrological basis for legal defensibility

International Nuclear Information System (INIS)

Leggitt, J.; Inn, K.; Goldberg, S.; Essex, R.; LaMont, S.; Chase, S.

2009-01-01

The admissibility of nuclear forensics measurements and opinions derived from them in US Federal and State courts are based on criteria established by the US Supreme Court in the case of Daubert v. Merrell Dow and the 2000 Amendment of Rule 702 of the Federal Rules of Evidence. These criteria are being addressed by new efforts that include the development of certified reference materials (CRMs) to provide the basis for analytical method development, optimization, calibration, validation, quality control, testing, readiness, and declaration of measurement uncertainties. Quality data is crucial for all stages of the program, from R and D, and database development, to actual casework. Weakness at any point in the program can propagate to reduce the confidence of final conclusions. The new certified reference materials will provide the necessary means to demonstrate a high level of metrological rigor for nuclear forensics evidence and will form a foundation for legally defensible nuclear chemical analysis. The CRMs will allow scientists to devise validated analytical methods, which can be corroborated by independent analytical laboratories. CRMs are required for ISO accreditation of many different analytical techniques which may be employed in the analysis of interdicted nuclear materials. (author)

Review: the legal duty of care for nurses and other health professionals.

Science.gov (United States)

Young, Andy

2009-11-01

To explore the nature and extent of the legal duty of care in relation to contemporary healthcare practice. The paper seeks to re-frame and update the legal duty of care for clinical nursing practice in the 21st century, taking into account collaborative and partnership working in healthcare practice. Doctrinal legal 'approach'. 'Black letter' legal research methodology used for data collection and analysis. Literature search using Westlaw and LexisNexis database(s) to identify recent common law decisions. There has been a perceptible doctrinal shift away from paternalism and toward patient empowerment and autonomy in the last decade. This has implications for nurses and other healthcare professionals in terms of consenting patients and acting reasonably to ensure quality patient care. A number of experienced nurses are currently assuming extended roles and some are completing medical tasks, traditionally allocated to doctors. These specialist practitioners must remember that additional responsibility invariably means increased professional risk and accountability. Therefore, it is essential that those engaging in advanced nursing practice, fully understand the nature and reach of their professional duty of care and the significance of statutory and common law developments. Nurses and other healthcare professionals must update their clinical skills and practice within a legal framework and to certain standards. The cases cited and discussed are relevant to all branches of nursing and indeed to all health professions.

Ethical and legal issues in caring for asylum seekers and refugees in the UK.

Science.gov (United States)

Hamill, M; McDonald, L; Brook, G; Murphy, S

2004-11-01

Inward migration to the UK remains topical and controversial as numbers continue to increase. Many immigrants have specific health care needs and may shoulder a large burden of infectious disease. Imposition of legal constraints can have a huge impact on the medical care afforded to immigrants. Currently UK policy is to treat, free of charge and with NHS resources, those who fulfil specific criteria. However an increasing number are being asked to pay for their treatment. Many health care professionals are confused as to current legal restrictions and require guidance on the associated ethical issues. We concentrate on provision of care to HIV positive individuals and use cases to illustrate some of the issues. However these issues are equally pertinent to practitioners in all branches of medicine.

Morocco : Legal and Judicial Sector Assessment

OpenAIRE

World Bank

2003-01-01

The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

The Theory of the Legal State

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L. J. Du Plessis

1981-03-01

Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

Noninvasive Prenatal Genetic Testing: Current and Emerging Ethical, Legal, and Social Issues.

Science.gov (United States)

Minear, Mollie A; Alessi, Stephanie; Allyse, Megan; Michie, Marsha; Chandrasekharan, Subhashini

2015-01-01

Noninvasive prenatal genetic testing (NIPT) for chromosomal aneuploidy involving the analysis of cell-free fetal DNA became commercially available in 2011. The low false-positive rate of NIPT, which reduces unnecessary prenatal invasive diagnostic procedures, has led to broad clinician and patient adoption. We discuss the ethical, legal, and social issues raised by rapid and global dissemination of NIPT. The number of women using NIPT is anticipated to expand, and the number of conditions being tested for will continue to increase as well, raising concerns about the routinization of testing and negative impacts on informed decision making. Ensuring that accurate and balanced information is available to all pregnant women and that access to NIPT is equitable will require policy guidance from regulators, professional societies, and payers. Empirical evidence about stakeholders' perspectives and experiences will continue to be essential in guiding policy development so that advances in NIPT can be used effectively and appropriately to improve prenatal care.

Migration, legality, and fertility regulation: Abortion and contraception among migrants and natives in Russia

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Victor Agadjanian

2018-04-01

Full Text Available Background: Migrant-vs.-native differentials in reproductive behavior are typically examined through the prism of socioeconomic and cultural constraints that characterize the migration process and experiences. However, the literature seldom factors in migrant legal status because necessary data is rarely available. Objective: The study seeks to fill this important gap by looking at variations in induced abortion and contraceptive use not only between migrants and nonmigrants but also among migrants of different legal statuses in the Russian Federation. Methods: We use unique survey data collected in urban Russia from Central Asian working migrant women of different legal statuses - regularized vs. irregular - as well as their native counterparts. Binomial and multinomial logistic regressions are fitted to model abortion experience and current contraceptive use and method choice. Results: The results point to higher overall use of abortion among natives, but also to significant differences between migrants with regularized and irregular legal statuses. With respect to contraception, while no variation in overall use between migrants and natives or between migrants of different legal statuses is detected, instructive migrant-vs.-native differences in method choice emerge. Conclusions: The findings underscore the importance of migrants' legal status, along with their other characteristics, for a better understanding of their reproductive behavior and for more effective corresponding policies. Contribution: The study offers pioneering insights into the intersection of migration, legality, and fertility in contemporary Russia and contributes to the cross-national scholarship on migration and reproductive behavior and health.

Foundation of theological college in Belgrade and establishment of legal framework for its functioning

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Novaković Dragan

2007-01-01

Full Text Available The foundation of the Theological College in Belgrade is viewed in the context of complex political circumstances which followed the restoration of the Serbian state and the efforts of the Serbian church to gain autonomy and the right to elect bishops independently from the Universal Patriarchate. Once having achieved these goals, and with a conviction that the achieved must be defended and maintained by knowledge and education, the state authorities founded a seminary for education of priests and teachers capable to carry out national and spiritual reformation. The accord between the state and the Church regarding the strategic aims enabled the very first vocational school in Serbia to develop continuously its curricula and hire better and better teaching staff each year. However, due to the change of circumstances, the state passed the laws by which it enforced its dominance and showed a clear intent to subordinate theological education to its control. Yet, by its continuous activity during two crucial centuries, the Seminary became a part of collective consciousness, and its cadres contributed actively to the creation of original cultural and value patterns and preservation of national identity of the Serbian nation. The brilliant history of this school and its precious experience can be of great encouragement not only to the researchers of our pedagogical inheritance but also to all those who are engaged in reforming and adjusting education in Serbia to the European standards. .

Mean load effects on the fatigue life of offshore wind turbine monopile foundations

DEFF Research Database (Denmark)

Blasques, José Pedro Albergaria Amaral; Natarajan, Anand

2013-01-01

This paper discusses the importance of mean load effects on the estimation of the fatigue damage in offshore wind turbine monopile foundations. The mud line bending moment time series are generated using a fully coupled aero-hydro-elastic model accounting for non-linear water waves and sea current....... The fatigue damage is analysed in terms of the lifetime fatigue damage equivalent bending moment. Three different mean value correction techniques are considered, namely, Goodman, Walker, and mean sensitivity factor. An increase in the lifetime fatigue damage equivalent bending moment between 6% (mean...... of the fatigue life of offshore wind turbine monopile foundations. Moreover, it is shown that a nonlinear hydrodynamic model is required in order to correctly account for the effect of the current....

Material Composition of Bucket Foundation Transition Piece for Offshore Wind Turbines

DEFF Research Database (Denmark)

Nezhentseva, Anastasia; Andersen, Lars; Ibsen, Lars Bo

2010-01-01

In Denmark, production of renewable energy is focused on offshore wind turbines, since they make little if any inconvenience for residents in inhabited areas. High requirements are placed on the installation of the foundations which can cost about 30% of the total cost of the wind turbine....... This paper deals with the transition piece for a relatively novel type of foundation, the so-called suction bucket (caisson), focusing on the design of a transition piece connecting the turbine column with a suction bucket used as a monopod foundation for an offshore wind turbine. Since the current design...... practice is limited to the use of steel-flange-reinforced shear panels for the transition piece—a production that requires extensive welding work—a desirable solution is to find a material that provides lower cost and easier manufacturing without compromising the strength and stiffness. The paper compares...

Legal aspects of sub-seabed disposal of radioactive waste

International Nuclear Information System (INIS)

Reyners, P.

1981-10-01

In connection with methods for disposal of highly radioactive waste, that consisting of burying such waste in the sub-seabed arouses an increasingly marked interest among specialists. Apart from the technical difficulties still to be overcome and current safety assessments, this method gives rise to quite considerable legal and political problems. Their solution will undoubtedly have a bearing on its chances of being implemented. (NEA) [fr

The Legal Regulation of Cybersecurity

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Darius Štitilis

2013-08-01

Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

Calibrating Legal Judgments

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Frederick Schauer

2017-09-01

Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

Choosing between possible lives: legal and ethical issues in preimplantation genetic diagnosis.

Science.gov (United States)

Scott, Rosamund

2006-01-01

This article critically appraises the current legal scope of the principal applications of preimplantation genetic diagnosis (PGD). This relatively new technique, which is available to some parents undergoing in vitro fertilization (IVF) treatment, aims to ensure that a child is not born with a seemingly undesirable genetic condition. The question addressed here is whether there should be serious reasons to test for genetic conditions in embryos in order to be able to select between them. The Human Fertilisation and Embryology Authority and the Human Genetics Commission have decided that there should be such reasons by broadly aligning the criteria for PGD with those for selective abortion. This stance is critically explored, as are its implications for the possible use of PGD to select either against or for marginal features or for significant traits. The government is currently reviewing the legal scope and regulation of PGD.

Legal Impediments in the EU to New Technologies in the Example of E-Residency

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Tanel Kerikmäe

2015-12-01

Full Text Available Estonia has created of itself the image of an e-state that is being supported with novel ICT-solutions, the perhaps most renowned of which is e-residency. However, created as a governmental start-up in the national best interest, e-residency could be of marginal relevance in light of global digital identity management. Purely national digital identity or an e-residency grants its holder several rights unknown to, or at least unapplied in a majority of the EU Member States and in the world more generally. But currently it lies on a vacillating legal pedestal which has resulted in copious administrative issues and proposed legal amendments already during its first year of implementation. Concerns, such as the administrative capacity of Estonia to handle potentially 10 million customers of national e-services, arise due to contingent legal footing. On this basis, efficiency of e-residency is critically analysed from the perspective of an autoschediastic regulatory framework presuming high-level administrative competence yet leaving the scope and limits of the functions of the public authorities legally unfurnished and isolated from the EU legal space.

NUMERICAL MODELLING OF CHICKEN-FOOT FOUNDATION

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Vipman Tandjiria

1999-01-01

Full Text Available This paper presents an analysis of the chicken-foot foundation using the finite element method. The foundation is considered as a reinforced concrete slab resting on a number of reinforced concrete pipes filled with and surrounded by in-situ soil. The soil and the pipes were modelled by isoparametric solid elements while the slab was modelled by isoparametric thick-plate elements. The study was intended to illustrate the basic mechanism of the chicken-foot foundation. Three cases have been considered for the parametric studies. The parameters investigated are thickness of slab, length of pipes and spacing between pipes. It is shown that such a foundation improves the behaviour of the raft foundation. It is also found that all the parameters used in the parametric studies influence the behaviour of the chicken-foot foundation.

TEACHING OPTIMIZATION OF STUDENTS AT DESIGN OF BUILDINGS AND STRUCTURES FOUNDATIONS

Directory of Open Access Journals (Sweden)

MISURA Lid. V.

2016-04-01

Full Text Available Raising of problem. According to world statistics, more than 75 % of all violations of the normal operation of buildings and structures is due to deficiencies in the design, construction and operation of bases and foundations [1]. The costs to eliminate these negative effects can be compared only with the initial cost of construction, it speaks about the relevance of teaching subjects related to the design of foundations. On the other hand increased demands on the students' knowledge, raises the amount of information that needs to absorb at constant periods of instruction, which makes the current process optimization study of these disciplines. Purpose. The aim of the article is to present the software package that allows to facilitate and accelerate the calculation and check the parameters of foundations and bases for the design of buildings and structures. The software product is designed as an educational complex, which allows the student to help with the calculations in different levels of difficulty and test his knowledge. Conclusion. The program complex, which consists of a program for dimensioning the foundations, the program for calculating the parameters of the bases, of the database. It is confirmed stable operation of the school complex (the program, measures were taken to test the program, helped to make it stable. The training complex is designed only for shallow foundations, so the work will be continued.

Legal Marketing and Lawyer's Communication

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Sara Casolaro

2016-09-01

Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

Legalized abortion: a public health success story.

Science.gov (United States)

Kelly, M

1999-06-01

60% of more than 2000 women surveyed by the Picker Institute who underwent induced abortion procedures rated the quality of their care as excellent. Another third reported their care as being either very good or good. The survey also found that the quality of abortion care is comparable to other outpatient surgery. However, the high quality of care women receive from abortion providers is lost in the hostile anti-abortion climate created by threatening protesters outside of clinics and the murder of 7 clinic workers and physicians who performed abortions. Abortion opponents fail to acknowledge that legal abortion is a medical procedure which protects women's health and saves their lives. Before abortion was legalized in the US, countless women were either rendered unable to reproduce or died from abortion-related complications. Efforts to outlaw abortion persist despite it being widely recognized by medical experts as one of the most safe medical procedures currently performed in the US. When state legislatures target abortion providers with unduly strict regulations, abortion becomes prohibitively expensive and difficult to obtain.

THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

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Igor Alves Noberto Soares

2016-12-01

Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

Legal Translation Dictionaries for Learners

DEFF Research Database (Denmark)

Nielsen, Sandro

2010-01-01

in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

Current Administrative court practice in the procedure of Public Procurement

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Silvio Čović

2017-01-01

Full Text Available Under the current conditions of complex and difficult economic and social circumstances and given the comparative possibilities and economic effects, the system of public procurement which is firstly at a legal level regulated by the Public Procurement Act 8 (Zakon o javnoj nabavi of 2011 (further referred to as: PPA (ZN, is of particular importance for the entire legal, political and economic system of the Republic of Croatia. Public procurement in essence represents contracting the procurement of goods, works or services. The specifities of that system are comprised, above all, of regulation of entering contractual relations between the public and private sector. Therefore, this system in principle must be formal in order to protect equality of competitors in the public procurement procedure and also in the general interest. Appreciating the legal tradition and indigenous particularities, the author’s fundamental aims consisted of providing and analysing administrative court practice in the context of international legal acquis communautaire showing some legal regulation in practice of disputable aspects of the system of public procurement in Croatia and the doubts emerging from current administrative court practice.

Scientific-practical and legal problems of implementation of the personalized medicine.

Science.gov (United States)

Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

2017-09-01

The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

Overcoming Legal Limitations in Disseminating Slovene Web Corpora

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Tomaž Erjavec

2016-09-01

Full Text Available Web texts are becoming increasingly relevant sources of information, with web corpora useful for corpus linguistic studies and development of language technologies. Even though web texts are directly accessable, which substantially simplifies the collection procedure compilation of web corpora is still complex, time consuming and expensive. It is crucial that similar endeavours are not repeated, which is why it is necessary to make the created corpora easily and widely accessible both to researchers and a wider audience. While this is logistically and technically a straightforward procedure, legal constraints, such as copyright, privacy and terms of use severely hinder the dissemination of web corpora. This paper discusses legal conditions and actual practice in this area, gives an overview of current practices and proposes a range of mitigation measures on the example of the Janes corpus of Slovene user-generated content in order to ensure free and open dissemination of Slovene web corpora.

A review of legal framework applicable for the management of healthcare waste and current management practices in Ethiopia.

Science.gov (United States)

Haylamicheal, Israel Deneke; Desalegne, Solomon Akalu

2012-06-01

The management of healthcare waste (HCW) requires special attention due to the risk posed by the presence of hazardous waste. The first step towards this is the issuance of national legislation complemented by policy documents, regulations and technical guidelines. In Ethiopia there is no specific legislation for healthcare waste management (HCWM). However, there are various legislations which may provide a legal framework for the management of HCW. This review assesses the various legislations that are relevant to HCWM. It also looks into the institutional arrangements put in place and waste management practices that prevail in the country. It was found that, although the existing legislations have provisions that may provide a legal framework for the management of HCW in Ethiopia, they are not comprehensive and lack specificity in terms of defining hazardous HCW and its categories; in indicating legal obligations of healthcare facilities (HCFs) in handling, transporting, treating and disposing HCW, and record keeping and reporting. There is overlapping of mandates and lackof co-ordination among various government institutions that are responsible for HCWM. The HCWM practices also do not conform to the principles of waste management in general and HCWM in particular. Thus, to better manage HCW in Ethiopia, a specific and comprehensive legislation and policy document on HCWM with clear designation of responsibilities to various stakeholders should be issued immediately. Moreover, training and awareness raising activities on proper HCWM should be undertaken targeting medical staffs, HCF administrators, waste handlers, policy and decision makers and the general public.

Legal Limitations on Public Pension Plan Reform. Conference Paper 2009-08

Science.gov (United States)

Monahan, Amy B.

2009-01-01

There is significant interest in reforming retirement plans for public school employees, particularly in light of current market conditions. This paper presents an overview of the various types of state regulation of public pension plans that affect possibilities for reform. Several states have legal protections that effectively prevent a state…

The legal status of nuclear power in Germany

International Nuclear Information System (INIS)

Mann, Thomas

2014-01-01

Over the past 15 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation born of these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. What now looks likely to be the final decision to phase out the civil use of nuclear power in Germany by 31 December 2022 raises a whole host of legal questions. In particular, the procedure followed to implement this phase-out provides ample material for debates on questions of constitutionality. Further matters of jurisprudential interest include the agreements concluded with the nuclear industry before the final phase-out decision was taken and the chronologically close political about-faces themselves. Finally, a degree of legal uncertainty still surrounds not only the as yet still unresolved issue of final repositories but also the resurgent debate over the source of funding for the dismantling of nuclear power plants. After providing an overview of the initial situation and the problems arising in connection with Germany's phasing out of the civil use of nuclear energy, this paper will place these issues in their proper legal context before evaluating them and highlighting the connection between these points of nuclear law and the current upheaval in German energy policy. (author)

Problems and Tendencies of Development of Political and Legal Environment of Public-private Partnership in Russia

Directory of Open Access Journals (Sweden)

Альберт Илдусович Абдрахманов

2013-12-01

Full Text Available The article is dedicated to the study o/f political and legal terms for Public-Private Partnerships (PPP development while PPP becomes the issue of today for Russian political and social-economic life. The article covers particularly the analysis of the effective legislation of PPP at the federal and regional levels and appraisal of the current political trends regarding the development of legal partnership between the government and companies in the connection with the legislation. The author provides research especially of the prospects of the PPP federal Draft Law and reveals key specifics and problems of the legal environment of PPP in districts of the Russian Federation.

Minimally legally invasive dentistry.

Science.gov (United States)

Lam, R

2014-12-01

One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

Connecting with Canadians : the 1998 annual report of the Petroleum Communication Foundation

International Nuclear Information System (INIS)

1999-01-01

The Petroleum Communication Foundation is a non-profit organization which was established in 1975 to increase public awareness of the petroleum industry by providing factual, balanced, and fully vetted information to Canadians. In 1998, more than 87,000 brochures, backgrounders and booklets were distributed to the public. Among these were a series of brochures entitled 'Did you know', which discuss the economic contribution of the industry through trade and employment. The industry's commitment to sound environmental practices and local community values are also stressed. The sixth edition of the Foundation's flagship publication, entitled ' Our petroleum challenge' was completed et the end of 1998 and debuted early in 1999. Several of the Backgrounder Series of brochures also have been revised an reissued in 1998 in both English and French. The Foundation also maintained a website, contributed several stories to weekly newspapers and magazines and participated in several events related to the petroleum industry, including the Climate Change Symposium sponsored by the Alberta Economic Development Authority. A consolidated financial statement detailing the Foundation's revenues, expenditures and current financial position is also included. tabs., figs

RELIABILITY BASED DESIGN OF FIXED FOUNDATION WIND TURBINES

Energy Technology Data Exchange (ETDEWEB)

Nichols, R.

2013-10-14

Recent analysis of offshore wind turbine foundations using both applicable API and IEC standards show that the total load demand from wind and waves is greatest in wave driven storms. Further, analysis of overturning moment loads (OTM) reveal that impact forces exerted by breaking waves are the largest contributor to OTM in big storms at wind speeds above the operating range of 25 m/s. Currently, no codes or standards for offshore wind power generators have been adopted by the Bureau of Ocean Energy Management Regulation and Enforcement (BOEMRE) for use on the Outer Continental Shelf (OCS). Current design methods based on allowable stress design (ASD) incorporate the uncertainty in the variation of loads transferred to the foundation and geotechnical capacity of the soil and rock to support the loads is incorporated into a factor of safety. Sources of uncertainty include spatial and temporal variation of engineering properties, reliability of property measurements applicability and sufficiency of sampling and testing methods, modeling errors, and variability of estimated load predictions. In ASD these sources of variability are generally given qualitative rather than quantitative consideration. The IEC 61400‐3 design standard for offshore wind turbines is based on ASD methods. Load and resistance factor design (LRFD) methods are being increasingly used in the design of structures. Uncertainties such as those listed above can be included quantitatively into the LRFD process. In LRFD load factors and resistance factors are statistically based. This type of analysis recognizes that there is always some probability of failure and enables the probability of failure to be quantified. This paper presents an integrated approach consisting of field observations and numerical simulation to establish the distribution of loads from breaking waves to support the LRFD of fixed offshore foundations.

Establishing a University Foundation.

Science.gov (United States)

Lemish, Donald L.

A handbook on how to establish a university foundation is presented. It presupposes that a foundation will be used as the umbrella organization for receiving all private gifts, restricted and unrestricted, for the benefit of a public college or university; and hence it chiefly addresses readers from public colleges and universities. Information is…

Information architecture. Volume 1, The foundations

Energy Technology Data Exchange (ETDEWEB)

NONE

1995-03-01

The Information Management Planning and Architecture Coordinating Team was formed to establish an information architecture framework to meet DOE`s current and future information needs. This department- wide activity was initiated in accordance with the DOE Information Management Strategic Plan; it also supports the Departmental Strategic Plan. It recognizes recent changes in emphasis as reflected in OMB Circular A-130 and the Information Resources Management Planning Process Improvement Team recommendations. Sections of this document provides the foundation for establishing DOE`s Information Architecture: Background, Business Case (reduced duplication of effort, increased integration of activities, improved operational capabilities), Baseline (technology baseline currently in place within DOE), Vision (guiding principles for future DOE Information Architecture), Standards Process, Policy and Process Integration (describes relations between information architecture and business processes), and Next Steps. Following each section is a scenario. A glossary of terms is provided.

Use of reinforced soil foundation (RSF) to support shallow foundation : summary report, November 2008.

Science.gov (United States)

2008-05-01

This research study investigates the potential benefits of using reinforced soil foundations to improve the bearing : capacity and reduce the settlement of shallow foundations on soils. To implement this objective, a total of 117 : tests, including 3...

CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

OpenAIRE

Claudiu Ramon D. Butculescu

2015-01-01

This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

Studying Legal Cultures and Encounters?

DEFF Research Database (Denmark)

Petersen, Hanne

2015-01-01

This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

Legal Principles and Legislative Instrumentalism

NARCIS (Netherlands)

Gribnau, J.L.M.; Soeteman, A.

2003-01-01

Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

Foundations of mechanics

International Nuclear Information System (INIS)

Zorski, Henryk; Bazanski, Stanislaw; Gutowski, Roman; Slawianowski, Jan; Wilmanski, Krysztof; Wozniak, Czeslaw

1992-01-01

In the last 3 decades the field of mechanics has seen spectacular progress due to the demand for applications in problems of cosmology, thermonuclear fusion, metallurgy, etc. This book provides a broad and thorough overview on the foundations of mechanics. It discusses theoretical mechanics and continuum mechanics, as well as phenomenological thermodynamics, quantum mechanics and relativistic mechanics. Each chapter presents the basic physical facts of interest without going into details and derivations and without using advanced mathematical formalism. The first part constitutes a classical exposition of Lagrange's and Hamiltonian's analytical mechanics on which most of the continuum theory is based. The section on continuum mechanics focuses mainly on the axiomatic foundations, with many pointers for further research in this area. Special attention is given to modern continuum thermodynamics, both for the foundations and applications. A section on quantum mechanics is also included, since the phenomenological description of various quantum phenomena is becoming of increasing importance. refs.; figs.; tabs

Use of reinforced soil foundation (RSF) to support shallow foundation : final report, November 2008.

Science.gov (United States)

2008-11-01

This research study aims at investigating the potential benefits of using reinforced soil foundations to improve the bearing capacity and reduce the settlement of shallow foundations on soils. To implement this objective, a total of 117 tests, includ...

CARES Foundation

Science.gov (United States)

... Foundation Video Get Involved EMS and Newborn Screening campaigns Clincal trials Fundraisers Support groups Connect and promote with Social Media: Facebook , Twitter , Instagram and LinkedIn News & Notes from ...

Features of legal mechanism environmental responsibility of citizens in Ukraine

Directory of Open Access Journals (Sweden)

О. О. Шинкарьов

2015-05-01

assigned by the Constitution and the current environmental legislation; 2 the ability to voluntarily adhere to legal prohibitions; 3 in good faith execute obligations in living activities. Paper objective. The main forms of implementing the environmental responsibilities by  citizens are analyzed; the factors influencing them are defined. It was studied general theoretical understanding of the stages, as well as forms of the implementation of rules of law. Traditionally among the last there are: compliance and execution. A special form of implementation is application. Whereas the compliance - is the first and foremost (universal form by which all subjects of public relations execute their obligations (both active and passive. The implementation of environmental responsibilities of citizens in the form of the compliance is a good behavior, which is characterized by passive confinement of persons (or inaction on the infringement of the rules and bars which are set by regulations of the environmental       legislation.  The execution is expressed in commission of  actions provided  for by law by the subject. This is implementation of binding rules, however, the responsibilities are contained not only in the regulatory legal acts, but also in the contracts and individual documents. The application as a special form of the law implementation differs from the compliance and the execution that it is carried out by non-citizens, but only by those public authorities that are entitled to do so by law. The application of the law - it is an action of qualified government authorities or local authorities, which by law is delegated the right to apply ecological and legal regulations in order to implement the relevant environmental requirements, rules and prohibitions and they are provided if necessary (in case of violation mechanism of state coercion. Paper main body. It is noted that the legal arrangement for implementing environmental responsibilities is to be in: a the

€œLegal Boundaries of Online Advertising"

OpenAIRE

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

2014-01-01

This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

Legal Knowledge and Agility in Public Administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2013-01-01

To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

2004-01-01

Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

Understanding how social enterprises can benefit from supportive legal frameworks : a case study report on social enterpreneurial models in Greece

NARCIS (Netherlands)

Argyrou, A.a; Blomme, R.J.; Lambooy, T.E.; Kievit, H.

2016-01-01

This study aims to test how legal factors affect the corporate structure of a social enterprise. The current article focuses on the legal factor of governance as the decision-making power of stakeholders within the social enterprise. The authors conducted a case study and examined a major social

Legal highs on the Internet.

Science.gov (United States)

Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

2010-02-01

This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

Directory of Open Access Journals (Sweden)

RADA POSTOLACHE

2012-05-01

Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

Obtaining corporate information from NHS foundation trusts.

Science.gov (United States)

Woodward, Valerie; Endacott, Ruth; Sheaff, Rod; Jones, Ray

Foundation trusts have boards of directors that are responsible for the day-to-day running of the organisation, planning services and developing strategy. Unlike non-foundation trusts and primary care trusts (PCTs), foundation trusts are not obliged to hold directors' board meetings in public. This article describes the online availability and accessibility of the minutes of such meetings in a number of foundation trusts, non-foundation trusts and PCTs. The implications for transparency in the NHS are also discussed.

Collaborative Legal Pluralism

Directory of Open Access Journals (Sweden)

Wim Decock

2017-01-01

Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

The Inconstitucional Res Judicata: The Effects Of Judicial Review In The New Cpc And The Legal Certainty

Directory of Open Access Journals (Sweden)

David Abdalla Pires Leal

2016-12-01

Full Text Available This paper seeks to evaluate the art. 525, §§ 12 and 15 of the 2015 Code of Civil Procedure, which introduced new hypothesis of the suitability of rescission action founded on unconstitutionality declarated by the Supreme Court that has addressed the legislative foundation that formed the basis for the decision who seeks to terminate, opening new deadline for the filing of this exceptional measure from the statement of the Supreme Court. The analysis takes place in collating this standard with the principles of legal certainty, through the discussion of theory of judicial review to, at the end, assess its constitutionality.

Agreement of the silent partnership – tax and legal consequences of its conclusion and execution

OpenAIRE

Monika Zieniewicz

2016-01-01

The institution of the silent partnership is not currently regulated by any legal act in the Polish legal system, although its importance in practice is not in doubt. As every action made in the economic sphere and economic execution of the contract is associated with specific effects on the basis of the tax laws. However, due to the lack of statutory regulation of the institution of silent partnership problematic is the question of determining the effects of tax legislation. Therefore, speci...

Foundation Content Knowledge: What Do Pre-Service Teachers Need to Know?

Science.gov (United States)

Linsell, Chris; Anakin, Megan

2013-01-01

The mathematics content knowledge of pre-service teachers is a growing area of inquiry. This topic requires further theoretical development due to the limited applicability of current cognitive and practice-oriented frameworks of mathematics content knowledge to beginning pre-service teachers. Foundation content knowledge is an integrated,…

[THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

Science.gov (United States)

Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

2018-04-01

Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

Legal risk management in shipping

DEFF Research Database (Denmark)

Siig, Kristina

The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

[Euthanasia: legal comparison in selected European countries].

Science.gov (United States)

Doležal, Adam

2018-01-01

This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

49 CFR 230.77 - Foundation brake gear.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Foundation brake gear. 230.77 Section 230.77... Tenders Brake and Signal Equipment § 230.77 Foundation brake gear. (a) Maintenance. Foundation brake gear...) Distance above the rails. No part of the foundation brake gear of the steam locomotive or tender shall be...

[Foundations for the institutionalization of health technology assessment in Chile].

Science.gov (United States)

Castillo-Riquelme, Marianela; Santelices C, Emilio

2014-01-01

The Chilean health system has not been completely oblivious to health technology assessment (HTA). In fact, significant advances in the areas of health prioritization using criteria of disease burden, effectiveness and cost-effectiveness among others, can be acknowledged. The introduction of the reform of Explicit Health Guarantees (GES) has been an important milestone in this arena, allowing the consideration of other dimensions such as social preferences in health. However, the application of HTA encompasses the entire health system and in that sense the institutionalization of a process properly defined and extensively validated in our country, is imminent. This paper discusses the foundations on which progress must be made in institutionalizing HTA, starting from the architecture of our health care system and in light of the economic and social reality. We review some background information first, and then discuss some important considerations in our context, including information on the institutional and legal framework. It concludes with the authors' view on some key elements to consider in HTA in Chile, which does not necessarily represent the vision of the Ministry of Health.

5 CFR 582.202 - Service of legal process.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

Industrial Foundations in the Danish Economy

DEFF Research Database (Denmark)

Thomsen, Steen

Industrial Foundations (foundations that own business companies) are found around the world e.g in Northern Europe, Germany, the US and India, but nowhere do they appear to be as economically important as in Denmark. In this paper we review their share of the Danish economy. We find that foundation......-owned companies account for 5-10% of the Danish economy depending on measurement. However, they constitute the bulk of Danish stock market capitalization and R&D expenditure, and they also contribute disproportionally to international business activity. Finally the industrial foundations make charitable donations...

AAA Foundation for Traffic Safety

Science.gov (United States)

... of Top Deadly Mistakes Made by Teen Drivers -- AAA AAA: Road debris causes avoidable crashes, deaths Save the ... and 500 deaths! Foundation News Stay Tuned New AAA Foundation for Traffic Safety website coming Fall 2017 ...

[Communication in health care - legal aspects].

Science.gov (United States)

Mina, András

2016-04-24

This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

Does Legalized Prostitution Increase Human Trafficking?

OpenAIRE

Seo-Young Cho; Axel Dreher; Eric Neumayer

2011-01-01

This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...

Legal Aspects of the Web.

Science.gov (United States)

Borrull, Alexandre Lopez; Oppenheim, Charles

2004-01-01

Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

Foundations of Neuromorphic Computing

Science.gov (United States)

2013-05-01

paradigms: few sensors/complex computations and many sensors/simple computation. Challenges with Nano-enabled Neuromorphic Chips A wide variety of...FOUNDATIONS OF NEUROMORPHIC COMPUTING MAY 2013 FINAL TECHNICAL REPORT APPROVED FOR PUBLIC RELEASE; DISTRIBUTION...2009 – SEP 2012 4. TITLE AND SUBTITLE FOUNDATIONS OF NEUROMORPHIC COMPUTING 5a. CONTRACT NUMBER IN-HOUSE 5b. GRANT NUMBER N/A 5c. PROGRAM

42 CFR 57.1511 - Opinion of legal counsel.

Science.gov (United States)

2010-10-01

... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

Failure to adapt infrastructure: is legal liability lurking for infrastructure stakeholders

International Nuclear Information System (INIS)

Gherbaz, S.

2009-01-01

'Full text:' Very little attention has been paid to potential legal liability for failing to adapt infrastructure to climate change-related risk. Amendments to laws, building codes and standards to take into account the potential impact of climate change on infrastructure assets are still at least some time away. Notwithstanding that amendments are still some time away, there is a real risk to infrastructure stakeholders for failing to adapt. The legal framework in Canada currently permits a court, in the right circumstances, to find certain infrastructure stakeholders legally liable for personal injury and property damage suffered by third parties as a result of climate change effects. This presentation will focus on legal liability of owners (governmental and private sector), engineers, architects and contractors for failing to adapt infrastructure assets to climate change risk. It will answer commonly asked questions such as: Can I avoid liability by complying with existing laws, codes and standards? Do engineers and architects have a duty to warn owners that existing laws, codes and standards do not, in certain circumstances, adequately take into account the impact of climate change-related risks on an infrastructure asset? And do professional liability insurance policies commonly maintained by architects, engineers and other design professionals provide coverage for a design professional's failure to take into account climate change-related risks?. (author)

A REVIEW ON LEGAL TRACEABILITY OF GNSS MEASUREMENTS IN THE MALAYSIAN CADASTRAL PRACTICE

Directory of Open Access Journals (Sweden)

J. Gill

2016-09-01

Full Text Available As the dependency on Global Navigation Satellite System (GNSS in surveying has been growing over the years, the need for legal traceability of GNSS measurements has become a significant matter. In Malaysia, with the advent of the Malaysia Real-time Kinematic Network (MyRTKnet, GNSS surveying has revolutionised land survey and mapping. Correspondingly, the Department of Survey and Mapping Malaysia (DSMM amended and published standard regulations and guidelines concerning cadastral survey, i.e., Cadastral Survey Regulations 2009, to include GNSS measurements. However, these regulations and guidelines has not comprehensively incorporated legal traceability of GNSS measurements; which is a prerequisite for cadastral surveys as it requires reliable and conclusive evidence for issues such as boundary disputes. The first objective of this paper is to review and discuss the legal traceability of GNSS measurements. Secondly, it will highlight the current practice and issues, i.e., with regard to legal traceability, within the present Malaysian cadastral regulation and guidelines, in relation to the prevalently adopted Network RTK (N-RTK technique, GNSS instrument calibrations, and reference stations’ accuracy. Lastly, a rudimentary best practice guideline for GNSS surveying in cadastral survey for Malaysia is proposed. It is expected that this paper will contribute to the implementation of a best practice guideline, which is inclusive of legal traceability of GNSS measurements, for the Malaysian cadastral practice.

28 CFR 543.15 - Legal aid program.

Science.gov (United States)

2010-07-01

... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...

Corporate Ownership by Industrial Foundations

DEFF Research Database (Denmark)

Thomsen, Steen

1999-01-01

Industrial foundations are self-governing non profit institutions that own business companies. This ownership structure is found in a fair number of Northern European companies, some of them successful world class competitors. Standard agency theory would predict foundation-owned companies...... to be relatively inefficient since they lack monitoring by residual claimants and access to equity finance from the stock market. Nevertheless, empirical research (Thomsen 1996) has found that Danish foundation-owned companies do no worse in terms of profitability and growth than companies with dispersed ownership...

Platform economy in legal profession : An empirical study on online legal service providers in China

NARCIS (Netherlands)

Li, Jing

2018-01-01

Platform economy breaks into the legal profession by pooling lawyers with different specializations into a simple user-friendly platform, consolidating the lower-tier supply side of the legal market and generating economy of scale. This paper is the very first empirical piece looking into China’s

Foundations of Logistics and Supply Chain Research

DEFF Research Database (Denmark)

Georgi, Christoph; Darkow, Inga-Lena; Kotzab, Herbert

2013-01-01

The purpose of this paper is to explore the current intellectual foundation of four leading academic journals within the field of logistics and supply chain management. We were interested to identify the most frequently quoted publications as well as their impact on logistics research. We examined...... 17,000 references of 412 papers and further analysed the 39 top-references with the means of multidimensional scaling (MDS), cluster- and factor analysis. We were able to identify a mix of textbooks and articles from academic journals and revealed a journal-specific citation pattern, not only...

Wave Forces on Windturbine Foundations

DEFF Research Database (Denmark)

Larsen, Brian Juul; Frigaard, Peter

A testprogramme has been performed to determine the wave forces on two types of foundations for an offshore windturbine. the tested foundation types are a monopile and cone. Furthermore the shaft of the cone has been tested....

Legal regulation of home births

Directory of Open Access Journals (Sweden)

Baturan Luka O.

2015-01-01

Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

Illicit drug policy in Spain: the opinion of health and legal professionals.

Science.gov (United States)

Rossi, Paola; Blay, Ester; Costela, Víctor; Torrens, Marta

2018-01-01

The high frequency of criminal behaviour and related legal problems associated with substance addiction generates a field of interaction between legal and healthcare systems. This study was developed as a multicentre project to investigate the opinions of professionals from legal and healthcare systems about policies on illegal drugs and their implementation in practice. A multiple choice questionnaire designed ad hoc was administered to a sample of 230 professionals from legal and healthcare fields working in the cities of Barcelona, Granada and Bilbao. The questionnaire included sociodemographic and work-related data, and assessed interviewees' information about the response to drug-related crime and opinion on drug policy issues. This article presents the results from Spain. The main results showed that both groups of professionals value alternative measures to imprisonment (AMI) as useful tools to prevent offenses related to drug use and claim a broader application of AMI. They also evaluated positively the regulations on cannabis use in effect. Though the attitude of healthcare professionals towards the application of AMI is more permissive, both groups favour restricting these sanctions in cases of recidivism. Both groups show mild satisfaction with the current addiction healthcare system and express dissatisfaction with actual drug policies in Spain.

Legal Inheritance in the Republic of Kosovo

Directory of Open Access Journals (Sweden)

Dr.Sc. Hamdi Podvorica

2011-06-01

Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

Legal protection in French environmental law

International Nuclear Information System (INIS)

Fromont, M.

1983-01-01

The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

The legal mentality and the succession of the law.

Directory of Open Access Journals (Sweden)

Vladimir Rybakov

2017-01-01

Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

Legal Research in a Changing Information Environment

African Journals Online (AJOL)

tduplessis

opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

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

Directory of Open Access Journals (Sweden)

Kushwah, Shivpal Singh

2016-09-01

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

The foundation of self-esteem.

Science.gov (United States)

Bailey, Joseph A

2003-05-01

Self-esteem is a simplistic term for varied and complex mental states pertaining to how one views oneself. It takes but little research in the voluminous literature to see the vagueness and inconsistencies in its various definitions. Even more problematic is the uncertainty concerning its foundational components. The importance of having a solid definition and specific ideas about the foundational components of self-esteem is that both pave the way to recognizing its causes; to predicting effects from those causes; and to organizing the trouble-shooting process for locating those philosophical flaws or psychological scars which lead to low self-esteem. The purpose of this paper is to offer a common ground for thinking about self-esteem at its most basic level. In order to distinguish the "basic level" from the rest of the components of self-esteem, let us liken it to a skyscraper building. Here, the focus is on the building's "underground foundation" and the base upon which that foundation rests. The base is a definition that allows for the assessment of the foundation. The underground foundation itself consists of the mental building blocks called self-meaning, self-identity, self-image, and self-concepts. To help illustrate their interactions, a few of the "masks" and "faces" of self-esteem will be mentioned. What is not being addressed is the "above ground structure"--those theories and manifestations dealt with by most mental health specialists.

THE LEGAL INDEBTEDNESS CAPACITY OF ROMANIAN LOCAL GOVERNMENTS - THEORETICAL AND EMPIRICAL EVIDENCES

Directory of Open Access Journals (Sweden)

Bilan Irina

2011-12-01

Full Text Available The factual, not only formal capacity of local governments to appeal to borrowed resources is, considering the current conditions, a prerequisite for ensuring economic and social development of local communities. In this paper we intend to position the main theoretical and empirical evidences on local governments indebtedness capacity, mainly focusing on its sizing according to Romanian regulatory framework. With respect to previous research, the issue approached is one of great interest as it has not been, in the Romanian literature on local public finances, subject to a separate analysis of proportions. The undertaken analysis comprises a quantitative dimension, based on processed data from the consolidated general budget of Romanian local governments for 2007-2009, in permanent conjunction with monitoring and analysis of the involved qualitative aspects. To ensure the relevance of the research results, the analysis undertaken refers to the legal framework in function throughout the considered period of time, without involving the legislative changes operated in mid-2010. The main conclusions drawn from our analysis indicate that, considering the current Romanian socio-economic environment, under the impact of specific factors of different nature, the legal indebtedness capacity is far from being well valued, thus bringing its benefits to local communities development. This conclusion is valid from a global perspective as well as for different types of local communities. This appears to be inconsistent with the permanently claimed need to fund important local public investments, mainly in infrastructure, indicating, despite the high legal indebtedness capacity, the lack of factual access to borrowed resources. We suggest, therefore, to introduce the concept of effective indebtedness capacity, the result of a particularized correlation for different local governments between legal indebtedness capacity and the manifestation of several factors

Unknown foundation determination for scour.

Science.gov (United States)

2012-04-01

Unknown foundations affect about 9,000 bridges in Texas. For bridges over rivers, this creates a problem : regarding scour decisions as the calculated scour depth cannot be compared to the foundation depth, and a : very conservative costly approach m...

When the Social Justice Learning Curve Isn't as Steep: How a Social Foundations Course Changed the Conversation

Science.gov (United States)

Cohen, Beth Douthirt; Tokunaga, Tomoko; Colvin, Demetrius J.; Mac, Jacqueline; Martinez, Judith Suyen; Leets, Craig; Lee, Douglas H.

2013-01-01

This article explores the limits of introductory social justice education and the ways in which a social foundations course could expand and deepen the social justice lens of current and future educators. The authors, members of an introductory graduate-level Social Foundations course, discuss the limitations they realized in their previous social…

The Legal Nature of Administrative Agencies of the USA

OpenAIRE

David T. Karamanukyan

2016-01-01

In this article the author focuses on the American system of administrative agencies, which are the fundamental pillar for the functioning of administrative justice of the country. A study of the conceptual and taxonomic unit of the current system of administrative agencies of the United States, with the help of comparative analysis of the advantages and disadvantages of legal and doctrinal definitions of the concept of “administrative agency” the author develops an authentic interpretatio...

Eddy current manual, volume 2

International Nuclear Information System (INIS)

Cecco, V.S.; Van Drunen, G.; Sharp, F.L.

1984-09-01

This report on eddy current testing is divided into three sections: (a) Demonstration of Basic Principles, (b) Practical (Laboratory) Tests and, (c) Typical Certification Questions. It is intended to be used as a supplement to ΣEddy Current Manual, Volume 1Σ (AECL-7523) during CSNDT Foundation Level II and III courses

The Fundamental Human Right to Education for Refugees: Some Legal Remarks

Science.gov (United States)

Willems, Kurt; Vernimmen, Jonas

2018-01-01

The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those…

30 CFR 41.20 - Legal identity report.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...