Sample records for grantee shows legal
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DOE Human Genome Program contractor-grantee workshop
Energy Technology Data Exchange (ETDEWEB)
NONE
1996-01-01
This volume contains the proceedings for the DOE Human Genome Program`s Contractor-Grantee Workshop V held in Sante Fe, New Mexico January 28, February 1, 1996. Presentations were divided into sessions entitled Sequencing; Mapping; Informatics; Ethical, Legal, and Social Issues; and Infrastructure. Reports of individual projects described herein are separately indexed and abstracted for the database.
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45 CFR 1180.46 - Evaluation by the grantee.
2010-10-01
... 45 Public Welfare 3 2010-10-01 2010-10-01 false Evaluation by the grantee. 1180.46 Section 1180.46... HUMANITIES INSTITUTE OF MUSEUM AND LIBRARY SERVICES GRANTS REGULATIONS General Conditions Which Must Be Met by a Grantee Evaluation § 1180.46 Evaluation by the grantee. A grantee shall evaluate at least semi...
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28 CFR 91.60 - Grantee's responsibilities.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Grantee's responsibilities. 91.60 Section 91.60 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES...'s responsibilities. Specific duties. As part of its role in the NEPA process, the grantee agency...
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42 CFR 59.212 - Grantee accountability.
2010-10-01
... 42 Public Health 1 2010-10-01 2010-10-01 false Grantee accountability. 59.212 Section 59.212 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANTS GRANTS FOR FAMILY PLANNING SERVICES Grants for Family Planning Service Training § 59.212 Grantee accountability. (a...
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42 CFR 56.113 - Grantee accountability.
2010-10-01
... 42 Public Health 1 2010-10-01 2010-10-01 false Grantee accountability. 56.113 Section 56.113 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANTS GRANTS FOR MIGRANT HEALTH SERVICES General Provisions § 56.113 Grantee accountability. (a) Accounting for grant award...
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42 CFR 124.8 - Grantee accountability.
2010-10-01
... 42 Public Health 1 2010-10-01 2010-10-01 false Grantee accountability. 124.8 Section 124.8 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH RESOURCES DEVELOPMENT... and Modernization § 124.8 Grantee accountability. (a) Records requirements. (1) Applicants who have...
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42 CFR 86.18 - Grantee accountability.
2010-10-01
... 42 Public Health 1 2010-10-01 2010-10-01 false Grantee accountability. 86.18 Section 86.18 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES OCCUPATIONAL SAFETY AND HEALTH... Occupational Safety and Health Training Grants § 86.18 Grantee accountability. (a) Accounting for grant award...
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34 CFR 75.612 - Supervision and inspection by the grantee.
2010-07-01
... 34 Education 1 2010-07-01 2010-07-01 false Supervision and inspection by the grantee. 75.612 Section 75.612 Education Office of the Secretary, Department of Education DIRECT GRANT PROGRAMS What Conditions Must Be Met by a Grantee? Construction § 75.612 Supervision and inspection by the grantee. A grantee shall maintain competent architectural...
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75 FR 24571 - Designation of New Grantee
2010-05-05
... considered the application (filed 12/01/09) submitted by the Culpeper County Chamber of Commerce, grantee of... DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1677] Designation of New Grantee... the Board's regulations, including Section 400.28. The Secretary of Commerce, as Chairman of the Board...
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7 CFR 1944.419 - Final grantee evaluation.
2010-01-01
...) PROGRAM REGULATIONS (CONTINUED) HOUSING Self-Help Technical Assistance Grants § 1944.419 Final grantee...HA or its successor agency under Public Law 103-354 employees or an organization under contract to Fm... determine how successful the grantee was in meeting goals and objectives as defined in the agreement...
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25 CFR 276.7 - Standards for grantee financial management systems.
2010-04-01
... 25 Indians 1 2010-04-01 2010-04-01 false Standards for grantee financial management systems. 276.7... grantee financial management systems. (a) Grantee financial management systems for grants and subgrantee financial management systems for subgrants shall provide for: (1) Accurate, current, and complete disclosure...
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42 CFR 51c.112 - Grantee accountability.
2010-10-01
... 42 Public Health 1 2010-10-01 2010-10-01 false Grantee accountability. 51c.112 Section 51c.112 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANTS GRANTS FOR COMMUNITY HEALTH SERVICES General Provisions § 51c.112 Grantee accountability. (a) Accounting for grant award...
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45 CFR 1180.47 - Federal evaluation-Cooperation by a grantee.
2010-10-01
... 45 Public Welfare 3 2010-10-01 2010-10-01 false Federal evaluation-Cooperation by a grantee. 1180... FOUNDATION ON THE ARTS AND THE HUMANITIES INSTITUTE OF MUSEUM AND LIBRARY SERVICES GRANTS REGULATIONS General Conditions Which Must Be Met by a Grantee Evaluation § 1180.47 Federal evaluation—Cooperation by a grantee. A...
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Department of Housing and Urban Development — The About Grantees section of the HUD Exchange brings up contact information, reports, award, jurisdiction, and location data for organizations that receive HUD...
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Energy Technology Data Exchange (ETDEWEB)
1994-10-01
This volume contains the proceedings of the fourth Contractor-Grantee Workshop for the Department of Energy (DOE) Human Genome Program. Of the 204 abstracts in this book, some 200 describe the genome research of DOE-funded grantees and contractors located at the multidisciplinary centers at Lawrence Berkeley Laboratory, Lawrence Livermore National Laboratory, and Los Alamos National Laboratory; other DOE-supported laboratories; and more than 54 universities, research organizations, and companies in the United States and abroad. Included are 16 abstracts from ongoing projects in the Ethical, Legal, and Social Issues (ELSI) component, an area that continues to attract considerable attention from a wide variety of interested parties. Three abstracts summarize work in the new Microbial Genome Initiative launched this year by the Office of Health and Environmental Research (OHER) to provide genome sequence and mapping data on industrially important microorganisms and those that live under extreme conditions. Many of the projects will be discussed at plenary sessions held throughout the workshop, and all are represented in the poster sessions.
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78 FR 27341 - Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts
2013-05-10
... over criminal proceedings; affording the defendant the right to effective assistance of counsel and, if... Criminal Proceedings in Tribal Courts AGENCY: Legal Services Corporation. ACTION: Request for information... funds to be used by grantees to represent eligible persons in any and all criminal proceedings in tribal...
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20 CFR 668.710 - What planning documents must an INA grantee submit?
2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What planning documents must an INA grantee... Planning/Funding Process § 668.710 What planning documents must an INA grantee submit? Each grantee... participant services and expenditures covering the two-year planning cycle. We will, in consultation with the...
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36 CFR 64.12 - Standards for grantee financial management systems.
2010-07-01
... financial management systems. 64.12 Section 64.12 Parks, Forests, and Public Property NATIONAL PARK SERVICE... RIGHTS-OF-WAY § 64.12 Standards for grantee financial management systems. The grantees' Financial Management Systems shall meet the minimum standards set forth in OMB Circular A-102, Attachment G. ...
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34 CFR 377.31 - What information must a grantee provide to eligible clients?
2010-07-01
... clients? 377.31 Section 377.31 Education Regulations of the Offices of the Department of Education... PROJECTS TO INCREASE CLIENT CHOICE PROGRAM What Post-Award Conditions Must Be Met by a Grantee? § 377.31 What information must a grantee provide to eligible clients? Each grantee shall advise all clients and...
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76 FR 13097 - Institute of Museum and Library Services; Evaluation by Grantees
2011-03-10
... With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, provides, in part... Services; Evaluation by Grantees AGENCY: Institute of Museum and Library Services, National Foundation On.... IMLS amends 45 CFR 1180.46, Evaluation by the grantee, to ensure that IMLS requirements conform to the...
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20 CFR 669.510 - What planning documents must an NFJP grantee submit?
2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What planning documents must an NFJP grantee submit? 669.510 Section 669.510 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF... Accountability, Planning and Waiver Provision § 669.510 What planning documents must an NFJP grantee submit? Each...
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Grantees Guide to Research Databases at IDRC
International Development Research Centre (IDRC) Digital Library (Canada)
. 7. 7. Creating search alerts. 9. 8. IDRC Digital Library (IDL). 11. 9. Key contacts. 12. Commercial databases conditions of use. These resources are governed by license agreements which restrict use to IDRC employees and grantees taking ...
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20 CFR 668.650 - Can INA grantees exclude segments of the eligible population?
2010-04-01
... eligible population? 668.650 Section 668.650 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION... population? (a) No, INA grantees cannot exclude segments of the eligible population. INA grantees must document in their Two Year Plan that a system is in place to afford all members of the eligible population...
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45 CFR 287.160 - What reports must a grantee file regarding financial operations?
2010-10-01
... Requirements § 287.160 What reports must a grantee file regarding financial operations? (a) Grantees will use SF-269A to make an annual financial report of expenditures for program activities and services. (b) Two annual financial reports will be due to the appropriate Regional Office. The interim SF-269A is...
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77 FR 11559 - Submission for OMB Review; Comment Request DERT Extramural Grantee Data Collection
2012-02-27
... areas and gaps in the research. Information gained from this primary data collection will be used in...; Comment Request DERT Extramural Grantee Data Collection SUMMARY: Under the provisions of Section 3507(a)(1... currently valid OMB control number. Proposed Collection: Title: DERT Extramural Grantee Data Collection...
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77 FR 60128 - Noncompetitive Supplements to Nursing Assistant and Home Health Aide Program Grantees
2012-10-02
... Noncompetitive Supplements to Nursing Assistant and Home Health Aide Program Grantees AGENCY: Health Resources... expansion supplements of $100,000 to 10 Nursing Assistant and Home Health Aide (NAHHA) Program grantees to... Management; Care Coordination and Follow Up; and Behavioral Health and Social Support for Home Health Aides...
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40 CFR 35.936-5 - Grantee responsibility.
2010-07-01
... accomplishment of the project for which EPA grant assistance is awarded. The grantee is responsible for the... into under the grant (except as § 35.936-6 provides) in accordance with sound business judgment and good administrative practice. This includes issuance of invitations for bids or requests for proposals...
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Resources for IDRC grantees | IDRC - International Development ...
International Development Research Centre (IDRC) Digital Library (Canada)
Our Research Support team develops tools and provides assistance to grantees. You must be an IDRC-funded researcher or IDRC staff member to use these services. Document delivery requests: Find out how to request journal articles that are not available in full text. Document delivery service: Order scholarly articles that ...
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75 FR 24571 - Designation of New Grantee
2010-05-05
...) has considered the application (filed 03/17/2010) submitted by the Southern California Logistics... the City of Victorville, which has accepted such reissuance subject to approval by the FTZ Board. Upon... recognizes the City of Victorville as the new grantee of Foreign-Trade Zone 243, subject to the FTZ Act and...
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2012-02-17
... Leadership Training in Pediatric Dentistry's Current Grantees; One-Year Extension AGENCY: Health Resources... Funds for Leadership Training in Pediatric Dentistry's (T17) Current Grantees. SUMMARY: The Health... for the Leadership Training in Pediatric Dentistry awards to Columbia University, The Regents of the...
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45 CFR 2516.810 - What types of evaluations are grantees and subgrantees required to perform?
2010-10-01
... Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE SCHOOL-BASED SERVICE-LEARNING PROGRAMS...? All grantees and subgrantees are required to perform internal evaluations which are ongoing efforts to assess performance and improve quality. Grantees and subgrantees may, but are not required to, arrange...
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2011-05-25
... Grantees from the Services, Training, Education and Policies to Reduce Domestic Violence, Dating Violence... collection Semi- Annual Progress Report for Grantees From the Services, Training, Education and Policies To Reduce Domestic Violence, Dating Violence, Sexual Assault and Stalking in Secondary Schools Grant Program...
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20 CFR 632.11 - Designation of Native American grantees.
2010-04-01
... the grantee's attention in writing as a result of monitoring activities, reviews, assessments, etc. (7...) Failure to have maintained cost controls resulting in excess cash on hand. (11) Failure to procure or...
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Grantees Guide for Research Database at IDRC (English)
International Development Research Centre (IDRC) Digital Library (Canada)
Commercial databases conditions of use. These resources are governed by license agreements which restrict use to IDRC employees and grantees taking part in projects funded by. IDRC. It is the responsibility of each user to use these products only for individual, noncommercial use without systematically downloading ...
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Uganda cabinet approves policy initiated by IDRC grantee | IDRC ...
International Development Research Centre (IDRC) Digital Library (Canada)
2016-06-28
Jun 28, 2016 ... The Economic Policy Research Centre (EPRC), an IDRC grantee under the ... on May 4, 2016, with cabinet approval of their National Fertilizer Policy. ... that 20% of the country's population has some form of physical disability.
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2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What responsibility do grantees/subgrantees... EMPLOYMENT PROGRAM Services to Participants § 641.550 What responsibility do grantees/subgrantees have to place participants in unsubsidized employment? Because one goal of the program is to foster economic...
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77 FR 43535 - Grantee Codes for Certified Radiofrequency Equipment
2012-07-25
... FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 2 [FCC 12-60] Grantee Codes for Certified Radiofrequency Equipment AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: This document... authorization program for radiofrequency (RF) devices under part 2 of its rules. This program is one of the...
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Escoffery, Cam; Hannon, Peggy; Maxwell, Annette E; Vu, Thuy; Leeman, Jennifer; Dwyer, Andrea; Mason, Caitlin; Sowles, Shaina; Rice, Ketra; Gressard, Lindsay
2015-01-31
Practitioners often require training and technical assistance to build their capacity to select, adapt, and implement evidence-based interventions (EBIs). The CDC Colorectal Cancer Control Program (CRCCP) aims to promote CRC screening to increase population-level screening. This study identified the training and technical assistance (TA) needs and preferences for training related to the implementation of EBIs among CRCCP grantees. Twenty-nine CRCCP grantees completed an online survey about their screening activities, training and technical assistance in 2012. They rated desire for training on various evidence-based strategies to increase cancer screening, evidence-based competencies, and program management topics. They also reported preferences for training formats and facilitators and barriers to trainings. Many CRCCP grantees expressed the need for training with regards to specific EBIs, especially system-level and provider-directed EBIs to promote CRC screening. Grantees rated these EBIs as more difficult to implement than client-oriented EBIs. Grantees also reported a moderate need for training regarding finding EBIs, assessing organizational capacity, implementing selected EBIs, and conducting process and outcome evaluations. Other desired training topics reported with higher frequency were partnership development and data collection/evaluation. Grantees preferred training formats that were interactive such as on-site trainings, webinars or expert consultants. Public health organizations need greater supports for adopting evidence-based interventions, working with organizational-level change, partnership development and data management. Future capacity building efforts for the adoption of EBIs should focus on systems or provider level interventions and key processes for health promotion and should be delivered in a variety of ways to assist local organizations in cancer prevention and control.
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Koppich, Julia E.
2010-01-01
As of August 2010, a total of 33 states, school districts, charter school coalitions, and other education organizations had received Teacher Incentive Funds (TIF) to redesign compensation programs for teachers and principals. The U.S. Department of Education named a new cohort of TIF grantees on September 23, 2010. TIF grantees have faced a number…
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Administrative Relief for Grantees impacted by Hurricanes Harvey, Irma, and Maria
On October 26, 2017, the Office of Management and Budget issued the attached memorandum, Administrative Relief for Grantees impacted by Hurricanes, to provide Federal agencies with flexibility to assist their grant applicants and recipients.
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2010-10-14
... ENVIRONMENTAL PROTECTION AGENCY [FRL-9213-6] Availability of FY 09 Grantee Performance Evaluation... (EPA). ACTION: Notice of availability; Clean Air Act Section 105 grantee performance evaluation reports...-year evaluations of eight state air pollution control programs (Alabama Department of Environmental...
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Building Healthy Start Grantees' Capacity to Achieve Collective Impact: Lessons from the Field.
Bradley, Kimberly; Chibber, Karuna S; Cozier, Naima; Meulen, Peggy Vander; Ayres-Griffin, Colleen
2017-12-01
Purpose While Healthy Start has emphasized the need for multi-sectorial community engagement and collaboration since its inception, in 2014 Healthy Start adopted Collective Impact (CI) as a framework for reducing infant mortality. This paper describes the development of a peer-focused capacity-building strategy that introduced key elements of CI and preliminary findings of Healthy Start grantees' progress with using CI as an approach to collaboration. Description The Collective Impact Peer Learning Networks (CI-PLNs) consisted of eight 90-min virtual monthly meetings and one face-to-face session that reviewed CI pre-conditions and conditions. Evaluation sources included: a facilitated group discussion at the final CI-PLN exploring grantee CI and CAN accomplishments (n = 57); routine evaluations (n = 144 pre, 46 interim, and 40 post PLN) examining changes in knowledge and practices regarding CI; and post CI-PLN implementation, three in-depth interviews with grantees who volunteered to discuss their experience with CI and participation in the CI-PLN. Assessment CI-PLN participants reported increased knowledge and confidence in the application of CI. Several participants reported that the CI-PLN created a space for engaging in peer sharing challenges, successes, and best practices. Participants also reported a desire to continue implementing CI and furthering their learning. Conclusion The CI-PLNs met the initial goal of increasing Healthy Start grantees' understanding of CI and determining the initial focus of their efforts. By year five, the EPIC Center anticipates Healthy Start CANs will have a sustainable infrastructure in place that supports the established common agenda, shared measures, and ongoing and meaningful inclusion of community members.
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13 CFR 119.8 - Are there matching requirements for grantees?
2010-01-01
... constraints on the historical and projected ability to raise matching funds as demonstrated by financial statements and letters of rejection from previous funders and potential new funding sources; (2) Evidence of... to the matching requirements of this section. (c) Applicants or grantees with severe constraints on...
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2012-08-28
... ENVIRONMENTAL PROTECTION AGENCY [FRL-9721-4] Availability of FY 11 Grantee Performance Evaluation Reports for the Eight States of EPA Region 4 and 17 Local Agencies AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability; Clean Air Act Section 105 grantee performance evaluation reports...
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2011-10-17
... ENVIRONMENTAL PROTECTION AGENCY [FRL-9478-7] Availability of FY 10 Grantee Performance Evaluation Reports for the Eight States of EPA Region 4 and 17 Local Agencies AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability; Clean Air Act Section 105 grantee performance evaluation reports...
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2010-04-01
... determine whether a grantee fails, meets, or exceeds the expected levels of performance for the core indicators and what will be the consequences of failing to meet expected levels of performance? (a) Aggregate... determine if a national grantee has met the expected levels of performance (including any adjustments to...
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76 FR 64954 - Proposed Collection; Comment Request; Grantee Outcomes and Satisfaction
2011-10-19
... Request; Grantee Outcomes and Satisfaction SUMMARY: In compliance with the requirement of Section 3506(c... health science; (2) Contribution of research findings to program goals and objectives; (3) Satisfaction... of research. Satisfaction information to be collected includes measures of satisfaction with the type...
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45 CFR 1303.11 - Suspension on notice and opportunity to show cause.
2010-10-01
... HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION FOR CHILDREN... her own initiative or upon a satisfactory showing that the grantee has adequately corrected the...
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2010-07-01
... REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES AND TECHNICAL ASSISTANCE PROJECTS What Post-Award Conditions Must Be Met by a Grantee? § 380.20 What requirements must a grantee meet before...
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20 CFR 668.296 - How are WIA funds allocated to INA grantees?
2010-04-01
... unable to serve its area for any reason, such as audit or debt problems, criminal activity, internal (political) strife, or lack of ability or interest. Funds may also be reallocated if a grantee has carry-in...
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2010-07-01
... an institution of higher education to assist designated State agencies? 386.35 Section 386.35... grantee that is an institution of higher education to assist designated State agencies? A grantee that is an institution of higher education provided assistance under this part shall cooperate with the...
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Teacher Incentive Fund: First Implementation Report, 2006 and 2007 Grantees
Humphrey, Daniel C.; Gallagher, H. Alix; Yee, Kaily M.; Goss, G. Kyle; Campbell, Ashley Z.; Cassidy, Lauren J.; Mitchell, Nyema M.
2012-01-01
The Teacher Incentive Fund (TIF) supports projects that are designed to reform teacher and principal compensation. Initially, the Department of Education (the Department) made two rounds of awards, in 2006 and 2007, to a total of 34 grantees. The specific goals of TIF were to reward teachers and principals for improving student achievement,…
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Leading Education Innovations in Rural Schools: Reflections from i3 Grantees
Fox, Tom; Friedrich, Linda; Harmon, Hobart; McKithen, Clarissa; Phillips, Andie; Savell, Susan; Schaefer, Victoria; Silva, Mihiri
2017-01-01
The Investing in Innovation (i3) Improving Rural Achievement Community, a professional learning community of grantees under the US Department of Education's i3 program, created this document to share knowledge and experiences related to working in rural districts across the United States. Grounded in field-based experiences and lessons, it serves…
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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....
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Diagnosing Causes of Teacher Retention, Mobility and Turnover: Guidelines for TIF Grantees
Finster, Matthew
2015-01-01
To effectively address teacher turnover, Teacher Incentive Fund (TIF) grantees need to follow an approach that entails aligning the tracking, diagnosing, and intervening processes. Unfortunately, too often retention strategies are implemented without regard to the various types of teacher turnover and specific data about the causes of turnover.…
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Development and Implementation Costs of Student Learning Objectives: Considerations for TIF Grantees
Fermanich, Mark; Carl, Brad; Finster, Matthew
2015-01-01
This brief explores the costs of developing and implementing Student Learning Objectives (SLOs) in order to help Teacher Incentive Fund (TIF) grantees interested in adopting SLOs anticipate and understand the costs of implementing them in a district or school. The brief focuses on the costs involved with the initial design and implementation of an…
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34 CFR 377.30 - What information must a grantee maintain and provide to the Secretary?
2010-07-01
... DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE PROGRAM What Post-Award Conditions Must Be Met by a Grantee... maintain the records that the Secretary requires to conduct an evaluation of projects funded under this...
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Spengler, John O; Frost, Natasha R; Bryant, Katherine K
2014-01-01
The purpose of this article was to describe the process by which research findings informed the successful passage of legislation designed to increase opportunities for physical activity in Mississippi, and discuss implications and lessons learned from this process. The article is descriptive and conceptual, and addresses the collaborative process by which research, legal technical assistance, and advocacy informed and shaped shared use legislation in Mississippi. Collaborators informing this article were an Active Living Research grantee, a staff attorney with the Public Health Law Center, the American Heart Association Mississippi Government Relations Director, and community partners. The American Heart Association and Public Health Law Center developed policy guidance in the form of sample language for legislation as a starting point for states in determining policy needed to eliminate or reduce barriers to the shared use of school recreational facilities. The policy guidance was informed by evidence from Active Living Research-funded research studies. The American Heart Association, supporting a bill shaped by the policy guidance, led the effort to advocate for successful shared use legislation in Mississippi. Research should be policy relevant and properly translated and disseminated. Legal technical assistance should involve collaboration with both researchers and advocates so that policymakers have the information to make evidence-based decisions. Government relations directors should collaborate with legal technical staff to obtain and understand policy guidance relevant to their advocacy efforts. Effective collaborations, with an evidence-based approach, can lead to informed, successful policy change.
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50 CFR 82.9 - General information for the Secretary.
2010-10-01
... INTERIOR (CONTINUED) FINANCIAL ASSISTANCE-WILDLIFE SPORT FISH RESTORATION PROGRAM ADMINISTRATIVE PROCEDURES... used by the grantee for the financial management of grant funds, the state laws affecting marine... legally authorized to commit the prospective grantee to expediture of funds. The Secretary may, from time...
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Legal Institutions and Economic Development
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
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13 CFR 143.12 - Special grant or subgrant conditions for “high-risk” grantees.
2010-01-01
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Special grant or subgrant conditions for âhigh-riskâ grantees. 143.12 Section 143.12 Business Credit and Assistance SMALL BUSINESS... or subgrantee: (1) Has a history of unsatisfactory performance, or (2) Is not financially stable, or...
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28 CFR 90.106 - What are the grantee reporting requirements for the grant program?
2010-07-01
..., Violence Against Women Office) and the Secretary of Education (U.S. Department of Education's Safe and Drug... (CONTINUED) VIOLENCE AGAINST WOMEN Grants To Combat Violent Crimes Against Women on Campuses § 90.106 What..., Violence Against Women Office). Funding shall be suspended if a grantee fails to submit an annual...
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20 CFR 641.540 - What types of training may grantees/subgrantees provide to SCSEP participants?
2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What types of training may grantees/subgrantees provide to SCSEP participants? 641.540 Section 641.540 Employees' Benefits EMPLOYMENT AND TRAINING... prevents or limits participants from engaging in self-development training available through other sources...
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2013-08-02
... Speech-impaired individuals may access this number through TTY by calling the toll-free Federal Relay...-401-2044. (Except for the ``800'' number, these telephone numbers are not toll-free.) Email inquiries... the cost of living, including home values) in these entitlement grantees are significantly higher than...
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21 CFR 1403.12 - Special grant or subgrant conditions for “high-risk” grantees.
2010-04-01
... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Special grant or subgrant conditions for âhigh-riskâ grantees. 1403.12 Section 1403.12 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY UNIFORM...) Has a history of unsatisfactory performance, or (2) Is not financially stable, or (3) Has a management...
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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.
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Grantee Spotlight: Manuel L. Penichet, M.D., Ph.D. - Reprogramming the Immune System to Kill Cancer
Dr. Manuel L. Penichet, former CURE K01 trainee and NCI R01 grantee, aims to genetically engineer antibodies that can be used to directly target and eliminate cancer cells and also stimulate the body’s immune system to fight and destroy cancer.
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2013-07-09
... Single-Case Deviation from Competition Requirements: Transfer of Grantee Request for the Detroit Healthy... Health and Human Services (HHS). ACTION: Notice of Single-Case Deviation from Competition Requirements... pregnancy and interconceptional phases for women and infants residing in the proposed project area. In order...
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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.
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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.
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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...
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34 CFR 386.34 - What assurances must be provided by a grantee that intends to provide scholarships?
2010-07-01
... norm. (ii) A maximum timeframe in which the scholar shall complete the scholar's educational objective... disbursement of scholarship funds to the individual for payment of the individual's expenses, such as tuition... the scholar's failure to meet the obligation of § 386.43. (d) Executed agreement. The grantee will...
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34 CFR 350.63 - What are the requirements of a grantee relative to the Client Assistance Program?
2010-07-01
... Client Assistance Program? 350.63 Section 350.63 Education Regulations of the Offices of the Department... After an Award? § 350.63 What are the requirements of a grantee relative to the Client Assistance... representatives, of the availability and purposes of the Client Assistance Program (CAP) funded under the Act; and...
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On Plagiarism and Power Relations in Legal Academia and Legal Education
Directory of Open Access Journals (Sweden)
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
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Human right to sanitation in the legal and non-legal literature : The need for greater synergy
Obani, P.; Gupta, J.
2016-01-01
This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private
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Does Legalized Prostitution Increase Human Trafficking?
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...
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34 CFR 628.45 - How much endowment fund income may a grantee use and for what purposes?
2010-07-01
... 34 Education 3 2010-07-01 2010-07-01 false How much endowment fund income may a grantee use and for what purposes? 628.45 Section 628.45 Education Regulations of the Offices of the Department of... necessary because of— (1) A financial emergency such as a pending insolvency or temporary liquidity problem...
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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.
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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.
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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.
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2013-11-13
... ENVIRONMENTAL PROTECTION AGENCY [FRL-9902-81--Region 4] Availability of FY 12 Grantee Performance Evaluation Reports for the Eight States of EPA Region 4 and 17 Local Agencies AGENCY: Environmental... evaluation reports. SUMMARY: EPA's grant regulations require the Agency to evaluate the performance of...
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Tella, José L.; Hiraldo, Fernando
2014-01-01
Illegal trade constitutes a major threat for a variety of wildlife. A criminology framework has been recently applied to parrot poaching in Mexico, suggesting an opportunistic crime in which the most abundant and accessible species, and not the rare or highly priced species, were poached more often. We analyzed this information, together with additional long-term data (1981–2005) on both the legal and illegal trade of the 22 Mexican parrot species (n = 31,019 individuals), using multivariate statistics and hypothesis-testing approaches. Our results showed a selective capture of parrot species attending to their attractiveness. Parrot species widely differed in attractiveness to people (as reflected by their combined measures of body size, coloration, and ability to imitate human speech), and their attractiveness strongly correlated with their prices both in the Mexican and US markets. The most attractive and valuable species (amazons and macaws) were disproportionally caught attending to the number of years they were legally trapped. Similar patterns were found for parrots poached for the domestic Mexican market, for those smuggled to the USA, and for those legally exported before or after 1992, when the USA ban led parrot exports to be mostly directed to European countries. Finally, the long-term cross-cultural preference for the most attractive species has led them to be among the most threatened species today. Since current parrot poaching mostly responds to local demand, socio-ecological work is needed to reverse the long-standing pet-keeping tradition that may decimate the most desired species in Neotropical countries. PMID:25225808
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20 CFR 668.700 - What process must an INA grantee use to plan its employment and training services?
2010-04-01
... it uses to plan other activities and services. (b) However, in the process of preparing its Two Year... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What process must an INA grantee use to plan its employment and training services? 668.700 Section 668.700 Employees' Benefits EMPLOYMENT AND...
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[Biopiracy: about its legal meanings].
Ramírez García, Hugo Saúl
2009-01-01
This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.
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What is legal medicine--are legal and forensic medicine the same?
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.
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Creating a Danish legal language: legal terminology in the medieval Law of Scania
DEFF Research Database (Denmark)
Tamm, Ditlev; Vogt, Helle
2013-01-01
In the decades after 1200 the kingdom of Denmark developed a corpus of provincial laws written in Danish for the three major legal provinces. With the legislation for the eastern province of Scania as a starting point, this article shows how the writing down of the law led not only to the creatio...... of a legal language but to a written vernacular language in general. It was not until the fifteenth century that written Danish was found outside of texts; charters and narrative until that point had been written in Latin....
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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...
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Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C
2017-01-28
As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.
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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
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2010-07-01
... the recipient will need to have the LEA provide to the Department to enable the Secretary to confirm... 34 Education 3 2010-07-01 2010-07-01 false How does a grantee ensure that a scholarship recipient understands the terms and conditions of the scholarship before the recipient leaves the teacher preparation...
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Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.
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.
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Legal aspects of nuclear energy
International Nuclear Information System (INIS)
Kraut, A.
1981-01-01
The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)
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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...
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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.
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Representation and Non-representation of Knowledge Mediation in Legal Contracts
DEFF Research Database (Denmark)
Larsen, Aase Voldgaard
takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...
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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
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Marijuana Legalization: Impact on Physicians and Public Health.
Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril
2016-01-01
Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.
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Durbin, Paula
2003-01-01
Examines how Inter-American Foundation's grantees in Argentina are coping with the country's economic crisis of 2001. Describes community development projects in Indigenous regions, the role of urban schools as the only functioning public institution providing human services, literacy education in Patagonia, job training and support for…
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Dementia and legal competency.
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
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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....
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Legalizing physician-assisted suicide and/or euthanasia: Pragmatic implications
Hudson, P.; Hudson, R.; Philip, J.; Boughey, M.; Kelly, B.; Hertogh, C.M.P.M.
2015-01-01
Objective: Despite the availability of palliative care in many countries, legalization of euthanasia and physician-assisted suicide (EAS) continues to be debated - particularly around ethical and legal issues - and the surrounding controversy shows no signs of abating. Responding to EAS requests is
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Interrelation of the concepts «legal influence» and «administrative-legal influence»
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...
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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'. ...
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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.
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Analysis - what is legal medicine?
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.
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International Development Research Centre (IDRC) Digital Library (Canada)
2012. Grantee: Chinese Academy of Social Sciences. More than 200 million migrant workers in. China are self-employed or work without contracts, benefits, or legal protection. IDRC- supported research in both India and China has examined ...
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Marijuana Legalization: Impact on Physicians and Public Health
Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril
2016-01-01
Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984
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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.
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Gordon, Steven D.
1992-01-01
Reviews legal and practical aspects of a university's potential liability for fraud, waste, and abuse. Discusses the array of criminal, civil, and administrative sanctions that may be imposed on grantees who engage in fraudulent practices. (84 references) (MLF)
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Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions
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
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Chinese legal texts – Quantitative Description
Directory of Open Access Journals (Sweden)
Ľuboš GAJDOŠ
2017-06-01
Full Text Available The aim of the paper is to provide a quantitative description of legal Chinese. This study adopts the approach of corpus-based analyses and it shows basic statistical parameters of legal texts in Chinese, namely the length of a sentence, the proportion of part of speech etc. The research is conducted on the Chinese monolingual corpus Hanku. The paper also discusses the issues of statistical data processing from various corpora, e.g. the tokenisation and part of speech tagging and their relevance to study of registers variation.
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The Legal Road To Replicating Silicon Valley
John Armour; Douglas Cumming
2004-01-01
Must policymakers seeking to replicate the success of Silicon Valley’s venture capital market first replicate other US institutions, such as deep and liquid stock markets? Or can legal reforms alone make a significant difference? In this paper, we compare the economic and legal determinants of venture capital investment, fundraising and exits. We introduce a cross-sectional and time series empirical analysis across 15 countries and 13 years of data spanning an entire business cycle. We show t...
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Legal socialization of personality as a phenomenon of legal psychology
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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.
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NSGIC Local Govt | GIS Inventory — Parcels and Land Ownership dataset current as of 2007. Parcel boundaries for Johnson County Kansas based off of legal description. Used to show spatial reference to...
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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 ...
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2010-01-01
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false If a grantee is unable to spend...? 119.15 Section 119.15 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FOR... combination of both. (b) The request must be made no later than 60 days before the end of the budget/project...
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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.
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Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations
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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.
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Recreational marijuana legalization and college student use: Early evidence.
Miller, Austin M; Rosenman, Robert; Cowan, Benjamin W
2017-12-01
We analyze marijuana use by college undergraduates before and after legalization of recreational marijuana. Using survey data from the National College Health Assessment, we show that students at Washington State University experienced a significant increase in marijuana use after legalization. This increase is larger than would be predicted by national trends. The change is strongest among females, Black students, and Hispanic students. The increase for underage students is as much as for legal-age students. We find no corresponding changes in the consumption of tobacco, alcohol, or other drugs.
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Recreational marijuana legalization and college student use: Early evidence
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Austin M. Miller
2017-12-01
Full Text Available We analyze marijuana use by college undergraduates before and after legalization of recreational marijuana. Using survey data from the National College Health Assessment, we show that students at Washington State University experienced a significant increase in marijuana use after legalization. This increase is larger than would be predicted by national trends. The change is strongest among females, Black students, and Hispanic students. The increase for underage students is as much as for legal-age students. We find no corresponding changes in the consumption of tobacco, alcohol, or other drugs.
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Prohibition as ontological basis of the Russian legal reality
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Andrey V. Skorobogatov
2016-09-01
Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.
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LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA
Aan Aswari
2017-01-01
The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...
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Legal Security on Cellphone Trading Through Electronic Media in Indonesia
Aswari, Aan; Pasamai, Syamsudin; Qomar, Nurul; Abbas, Ilham
2017-01-01
The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...
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Legal aspects of transfrontier air pollution
International Nuclear Information System (INIS)
Rauschning, D.
1986-01-01
This contribution deals with the technical developments and the necessary adaptation of the legal and social systems in the various states. The author first discusses provisions of international law with regard to giving proof of environmental pollution caused by a neighbour state. He then deals with the legal aspects of long-distance air pollution. Finally, the Federal German substantial air pollution control law and relevant licensing provisions are taken as an example to show how the Federal Republic of Germany comes up to the obligations set by international law, to provide for due protection of the environment in neighbour states. (orig./HSCH) [de
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Energy strategy in Europe: The legal framework
International Nuclear Information System (INIS)
Daintith, T.; Hancher, L.
1986-01-01
This book is a product of collaboration on the theme of legal implementation of economic policy in Europe. The general concern of the project with the way in which economic policies are translated into law, and with the dual role of law as both instrument of, and constraint upon, policy is here focussed on the field of energy policy in the Community and, in particular, on the new energy strategy of the Commission and the legal context in which it must operate. The book has the following chapters: Legal perspective on energy policy; The Community's record in the energy sector; National energy objectives; Legal structuring of national energy, industries and markets; National energy policies; The operation of basic Common Market principles in the energy sector; The Community energy strategy - an evaluation. Four appendices show: The development of an energy strategy for the Community; Community communications, proposals and measures 1979-1983; National plans and policy statements; Colloquium on implementation of energy policy in the EEC, held in Florence 1982. (orig./HSCH)
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Legal regulation of the obligations in old romanian law, greek and roman
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Ion Tutuianu
2012-12-01
Full Text Available Legal history shows that those who are defined obligation Romans definition valid today as a relationship as we submit to a benefit from a third party. Their importance lies in the fact that although rooted in ancient as it spread in all legal systems, across time and still keeping the same legal and economic importance.
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FUZZY LOGIC IN LEGAL EDUCATION
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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
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THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS
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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
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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
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Support for Marijuana (Cannabis Legalization: Untangling Age, Period, and Cohort Effects
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William Campbell
2017-02-01
Full Text Available In three large, nationally representative surveys of U.S. 12th graders, college students, and adults ('N' = 9 million conducted 1968–2015, Americans became significantly more supportive of legal marijuana (cannabis starting in the mid-1980’s. Hierarchical models using age-period-cohort analysis on the adult (General Social Survey sample showed that the increased support for legalization is primarily a time period effect rather than generational or age effect; thus, Americans of all ages became more supportive of legal marijuana. Among 12th graders, support for marijuana legalization was closely linked to perceptions of marijuana safety.
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Legality Principle of Crimes and Punishments in Iranian Legal System
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…
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Prerequisites for Correctness in Legal Argumentation
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...
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Legal technique: approaches to section on types
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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
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Legality in multiple legal orders
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.
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Collective legal protection: The European approach
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Petrušić Nevena
2014-01-01
Full Text Available One of the basic goals of the EU justice policy is to ensure an efficient and effective legal protection, particularly in cross-border disputes and cases concerning the violation of rights guaranteed under the EU legislation. In order to accomplish this goal, the EU embarked on a horizontal harmonization of civil procedure in some sectors and reinforced the institutional cooperation of Member States in the field of civil justice. Concurrently, there were some legal interventions in the field of civil procedure, which contributed to establishing a number of European procedural mechanisms, such as: the European Small Claims Procedure (2007, the European Payment Order Procedure (2006, etc. Many studies and analyses show that procedural mechanisms of collective legal protection are essential for ensuring an efficient and effective legal protection of rights guaranteed by the EU law. The idea of introducing the collective legal protection instruments into the EU law has been present for more than two decades. It has been endorsed by the European Economic and Social Committee, which has played the key role in its promotion. In June 2013, after extensive consultations, the European Commission adopted the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Members States concerning violations of rights guaranteed under the EU law. This document has provided a coherent horizontal framework for the collective legal protection at the EU level by establishing the common European principles for collective redress mechanisms which the Member States should incorporate into their national systems. Analysis of the common principles governing the collective legal protection shows that the European approach to shaping the collective redress claims is significantly different from the American class action model, which is considered to be incompatible with the European legal tradition and deemed to provide a wide
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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.
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The Impact of Legalized Casino Gambling on Crime
Mark W. Nichols; Mehmet Serkan Tosun
2013-01-01
We examine the impact of legalized casino gambling, including Indian casinos, on crime. Using county-level data between 1994 and 2009, the impact that casino legalization had on crime is examined. Our results show an increase in crime associated with casinos in some circumstances, but not others. Crime impact results are quite sensitive to data, sample periods and econometric specifications. In addition to known Part 1 offenses (assault, burglary, larceny, robbery, rape, and auto theft), we a...
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Evidence Supporting Broader Access To Safe Legal Abortion
Faundes; Anibal; Shah; Iqbal H.
2016-01-01
Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal con...
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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.
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LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA
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Aan Aswari
2017-05-01
Full Text Available The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in performing its obligation reflect the concrete aspect. Warranty provides protection security for related parties with some governing regulations during transaction. However, some other supporting components have not been effectively contribute to balance the utilization of technology in trading. Keywords: legal security, trading, cellphone, electronic media
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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
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Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.
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…
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Did Legalized Abortion Lower Crime?
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.
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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...
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Legality, Racialization, and Immigrants' Experience of Ethnoracial Harassment in Russia.
Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya
2017-11-01
Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants' everyday experiences. The study findings are situated within the cross-national literature on migrants' legal and ethnoracial exclusion in receiving contexts.
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Legality, Racialization, and Immigrants’ Experience of Ethnoracial Harassment in Russia
Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya
2017-01-01
Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants’ everyday experiences. The study findings are situated within the cross-national literature on migrants’ legal and ethnoracial exclusion in receiving contexts. PMID:29109593
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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.
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Legal aspects of business development and innovation in Poland
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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.
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Technology Takes Coaching to Scale: Investing in Innovation Grantees Show How It's Done
Breslow, Nicole
2017-01-01
In recent years, there has been increasing interest in the use of video and other technology tools to support professional learning. A growing body of evidence shows how these tools are improving teachers' practice (Borko, Jacobs, Eiteljorg, & Pittman, 2008; Grant & Kline, 2010; van Es & Sherin, 2010). However, there has been less…
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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.
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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.
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THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS
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...
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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.
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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.
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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....
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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
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LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research
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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.
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Analysing Discursive Practices in Legal Research: How a Single Remark Implies a Paradigm
Directory of Open Access Journals (Sweden)
Paul van den Hoven
2017-12-01
Full Text Available Different linguistic theories of meaning (semantic theories imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and legal experts. Such scholarly analysis reveals a methodical choice on how to discuss meaning and therefore implies positioning oneself towards a semantic theory of meaning, whether the scholar is aware of this or not. Legal practitioners may not be bound to be consistent in their commitment to semantic theories, as their task is to decide legal issues. Legal scholars, however, should be consistent because commitment to a semantic theory implies a distinct position towards important legal theoretical doctrines. In this paper three examples are discussed that require an articulated position of the legal scholar because the discursive practices of legal practitioners show inconsistencies. For each of these examples it can be shown that a scholar’s methodic choice implies commitment to a specific semantic theory, and that adopting such a theory implies a distinct position towards the meaning of the Rule of Law, the separation of powers doctrine and the institutional position of the judge.
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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.
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Informed consent and the law--an English legal perspective.
Hassan, Majid
2008-01-01
'Informed consent' is a widely used term, but its application in a legal perspective can be varied. American and Commonwealth jurisdictions have developed a 'patient-based' true informed consent approach, whereas in the English legal system a 'doctor-based' approach has traditionally been applied in relation to disclosure of risk. This article will seek to compare these approaches and give a brief overview of some of the key legal rulings which have shaped the requirement of consent. The decision in the English case of Chester vs. Afshar is considered as showing the significance the court attached to the principle of autonomy and using ethical and policy considerations to depart from established principles of English law relating to consent to treatment and disclosure of risk. This review is intended as general information and not as legal advice which should be sought from defence organisation and specialist health care lawyers. Copyright 2008 S. Karger AG, Basel.
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The changing purpose of mental health law: From medicalism to legalism to new legalism.
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.
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Directory of Open Access Journals (Sweden)
S. de Freitas
2009-07-01
Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.
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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
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Legalization of drugs of abuse and the pediatrician.
Schwartz, R H
1991-10-01
Growing numbers of individuals are proposing that drugs be legalized in the United States, with claims that federal, state, and local efforts to prohibit the use of illicit drugs are irrational and unenforceable. "Drug reform" advocates include persons of all political persuasions. Ironically, the call for drug reform comes at a time when trends in drug abuse, as reflected in national and state surveys, show a promising decline. It also is contradictory to at least one recent public opinion poll, in which respondents opposed the legalization of marijuana by a five-to-one margin. While their position is by no means unanimous, proponents of drug reform generally base their arguments on several key premises, such as elimination of or reductions in drug trafficking, enforcement, and interdiction expenditures; increased tax revenues from the legal sale of drugs; and reductions in health-care expenses associated with drug treatment. Reform advocates further claim that legalization would not be followed by an increase in drug use. The validity of each of these arguments is highly questionable. Legalization is a simplistic, short-sighted solution to a complex issue with public health, economic, criminal justice, and societal ramifications. Legalization would, moreover, abrogate the position taken in 1961 by the United States and 114 other nations in ratifying the United Nations Single Convention on Narcotic Drugs. The impact of drug reform merits an unbiased study by an independent agency. Until that time, pediatricians should inform themselves of the arguments for and against drug reform and be prepared to educate patients and their families about the issue.
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45 CFR 1309.10 - Applications for the purchase, construction and major renovation of facilities.
2010-10-01
... legal description of the site of the facility, and an explanation of the appropriateness of the location... grantee's ability to collaborate with other child care, early education programs, social services and... permanent grant-supported improvements. (m) An assessment of the impact of the proposed project on the human...
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Rhetoric by Avistotel: a Legal View
Directory of Open Access Journals (Sweden)
Karina Kh. Rekosh
2015-01-01
Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.
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Probability sampling in legal cases: Kansas cellphone users
Kadane, Joseph B.
2012-10-01
Probability sampling is a standard statistical technique. This article introduces the basic ideas of probability sampling, and shows in detail how probability sampling was used in a particular legal case.
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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.
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Utilization of legal and financial services of partners in dementia care study.
Shrestha, Srijana; Judge, Katherine S; Wilson, Nancy L; Moye, Jennifer A; Snow, A Lynn; Kunik, Mark E
2011-03-01
Financial and legal services are unique needs of persons with dementia and their caregivers. This study examines their need for legal and financial assistance and the kinds of legal and financial services provided within Partners in Dementia Care, a telephone-based, care coordination and support service intervention delivered through a partnership between Veterans Affairs (VA) medical centers and local Alzheimer's Association chapters. Based on comprehensive assessment, and needs prioritization, care coordinators collaboratively planned action steps (specific behavioral tasks) with each caregiver/person with dementia to address the dyad's identified unmet needs. Results show that 51 (54.8%) of 93 dyads reported a need for legal and financial services. Action steps related to legal and financial need included education or assistance with legal services (27.27%), nonhealth-related financial benefits (32.32%), health-related financial benefits (21.21%), financial management/planning (9.09%), and financial support (10.1%). Comparable numbers of action steps were directed to VA (41.4%) and non-VA (58.6%) services.
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Legal problems of nuclear fuel reprocessing
International Nuclear Information System (INIS)
Rossnagel, A.
1987-01-01
The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de
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One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities
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...
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Tsai, Jack; Middleton, Margaret; Villegas, Jennifer; Johnson, Cindy; Retkin, Randye; Seidman, Alison; Sherman, Scott; Rosenheck, Robert A
2017-12-01
Medical-legal partnerships-collaborations between legal professionals and health care providers that help patients address civil legal problems that can affect health and well-being-have been implemented at several Veterans Affairs (VA) medical centers to serve homeless and low-income veterans with mental illness. We describe the outcomes of veterans who accessed legal services at four partnership sites in Connecticut and New York in the period 2014-16. The partnerships served 950 veterans, who collectively had 1,384 legal issues; on average, the issues took 5.4 hours' worth of legal services to resolve. The most common problems were related to VA benefits, housing, family issues, and consumer issues. Among a subsample of 148 veterans who were followed for one year, we observed significant improvements in housing, income, and mental health. Veterans who received more partnership services showed greater improvements in housing and mental health than those who received fewer services, and those who achieved their predefined legal goals showed greater improvements in housing status and community integration than those who did not. Medical-legal partnerships represent an opportunity to expand cross-sector, community-based partnerships in the VA health care system to address social determinants of mental health.
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Marketing legal services on the Internet
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...
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Translating Legal Collocations in Contract Agreements by Iraqi EFL Students-Translators
Directory of Open Access Journals (Sweden)
Muntaha A. Abdulwahid
2017-01-01
Full Text Available Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1 purely technical, (2 semi-technical, and (3 everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.
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Abortion legalized: challenges ahead.
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.
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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)
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Abortion Legalization and Adolescent Substance Use
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...
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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.
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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...
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The Multiplication Effect of Legal Insurance
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
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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.
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45 CFR 400.115 - Establishing legal responsibility.
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...
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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.
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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,
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Recreational marijuana legalization and college student use: Early evidence ☆
Miller, Austin M.; Rosenman, Robert; Cowan, Benjamin W.
2017-01-01
We analyze marijuana use by college undergraduates before and after legalization of recreational marijuana. Using survey data from the National College Health Assessment, we show that students at Washington State University experienced a significant increase in marijuana use after legalization. This increase is larger than would be predicted by national trends. The change is strongest among females, Black students, and Hispanic students. The increase for underage students is as much as for le...
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Legal Status of Credit Bank Guarantee in Indonesia’s Legal Guarantee
Directory of Open Access Journals (Sweden)
Erma Defiana Putriyanti
2017-07-01
Full Text Available The aim of this research is to analyze about the legal status of the letter hiring as collateral for bank loans in the Indonesian security law. The method of this research is a normative juridical. The results of this research indicate that the decree hiring is not included in the objects that can be bound by pledge, fiduciary, and mortgage then hiring decree hiring is not included in the personal guarantee and corporate guarantee. Although the hiring decree is issued by a legitimate institution, the institution is not bound by an agreement between the debtor debts with the bank but when the decree was used as security for the bank. Hiring letter is not also included in the general collateral. Decree hiring is not an object and does not qualify as material that can be used as general collateral. The conclusion of this research is that the position of the decree hiring as collateral for bank loans is a new form of guarantee which is not included in the general guarantees and the specific ones. This shows that the system of legal guarantees in Indonesia is not pure anymore embrace a closed system, but has started shifting into an open system.
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2010-01-01
..., trade enhancement, food safety, food security, plant health programs, education, “buy local” programs... which is accountable for the use of the funds provided. The grantee is the entire legal entity even if... means an event or condition that is external to the project and that is of direct importance to the...
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Mediation in Legal English Teaching
Directory of Open Access Journals (Sweden)
Chovancová Barbora
2016-06-01
Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.
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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…
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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 ...
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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.
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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...
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Legal capital: an outdated concept
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...
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What is the Role of Legal Systems in Financial Intermediation? Theory and Evidence
Bottazzi, L.; Da Rin, M.; Hellmann, T.
2008-01-01
We develop a theory and empirical test of how the legal system affects the relationship between venture capitalists and entrepreneurs. The theory uses a double moral hazard framework to show how optimal contracts and investor actions depend on the quality of the legal system. The empirical evidence
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Television Judge Shows: Nordic and U.S. Perspectives
DEFF Research Database (Denmark)
Porsdam, Helle
2017-01-01
Legal discourse is language that people use in a globalizing and multicultural society to negotiate acceptable behaviors and values. We see this played out in popular cultural forums such as judicial television dramas. In the American context, television judge shows are virtually synonymous...
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Technological Agency in the Co-Constitution of Legal Expertise and the US Drone Program
DEFF Research Database (Denmark)
Leander, Anna
2013-01-01
over the legal status of the US drone program. Target killing suggests that the drone program may be legally regulated. Extrajudicial execution suggests that it falls outside the realm of legality. This article does not seek to settle which terminology is the most appropriate. Instead it analyses...... the legal expertise struggling to do so and its implications. More specifically, it focuses on the processes through which drones constitute the legal expertise that constitutes the drone program as one of targeted killings and of extrajudicial executions; that is, on a process of co-constitution. Drawing...... theoretical inspiration from and combining new materialist approaches (especially as articulated by Bruno Latour) with the sociological approach of Pierre Bourdieu, the article shows that drones have ‘agency’ in the ‘field’ of legal expertise pertaining to the drone program. Drones are redrawing...
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Legal Regimes of Official Information in Ukraine
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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.
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Economic and legal consequences of concluded apparent legal on national interests in Montenegro
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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.
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The Legal Ethical Backbone of Conscientious Refusal.
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.
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Civil legal responsibility for environmental pollution
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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.
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LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS
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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.
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Legal mentality: the interpretation of the scientific discourse
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Ігор Олексійович Поліщук
2016-06-01
Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science
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Opinions of legal professionals: Comparing child and adult witnesses' memory report capabilities
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Jens Knutsson
2014-07-01
Full Text Available The opinions of legal professionals about child and adult witnesses might influence the likelihood that a case is allowed to proceed through the different stages of the legal process. With the aim of knowing the opinions of legal practitioners about child and adult witnesses, 84 legal professionals (Swedish police, prosecutors, and attorneys were surveyed about their beliefs about child and adult eyewitness memory (and metamemory abilities. The respondents answered 27 questions relating to nine forensically relevant belief areas in which they compared the memory ability of children (ages 7 to 11 years and adults. The results showed no differences in assessment among members of different professions and a general trend suggesting that, across the professions, children were believed to be poorer witnesses than adults regarding their memory abilities. Moreover, the professionals' within-group consensus was very low. These results are discussed in the context of eyewitness research findings and with respect to the implications for both legal and research practice.
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The legacy of legal culture and Serbia's European integration
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Kovačević Slaviša
2014-01-01
the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous
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Equal opportunities for men: a perspective of an ERC grantee and father of three
Sobek, Sebastian
2017-04-01
Equal opportunities is still regarded a "women's issue" by many. Implicit to this notion is the assumption that men are made to work and make a career. However, if we agree that life consists of more than work and sleep, and if we agree that men have the right to be with their children, equal opportunities are of course equally important for men: it means to provide opportunities for men to spend time with their families and children. In this presentation, I would like to share my personal experience as ERC grantee, father of three children, and husband of a scientist. I will highlight the importance of personal choices, but also of policies and institutional structures that promote or impede equal opportunities for men. I will make the point that providing opportunities for men to be with their children, while they pursue an academic career, will be beneficial not only for them, but also for women, and therefore constitutes a key component in work towards equal opportunities.
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Directory of Open Access Journals (Sweden)
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.
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Organizational Factors Affecting Legalization in Education.
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…
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[Abortion: towards worldwide legalization].
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.
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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.
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Morocco : Legal and Judicial Sector Assessment
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...
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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.
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Legal Instruments of Regulation of Development of Banking Activity in Ukraine
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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.
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Legal identity as spiritual constituent of sense of justice
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Y. S. Kravtsov
2015-03-01
Full Text Available The modern social and cultural situation of modern man requires mobility and adequate response to the requirements of modern society, and put it in front of the need to revise the traditional goals and targets. The authors show that it is not a system of knowledge and skills in itself, but a set of core competencies in modern intellectual, social, legal, communication, information sphere should be the main result of the process of formation of legal consciousness of modern man. In identifying the identification own life trajectory, gaining experience of independent activity and personal responsibility law today a special place. The authors emphasize that the position of acting, its identity is defined situation in the legal space. From its goals, values, personal preferences affect the choice of a particular mode of action. Familiarity with the legal situation as a choice situation, analysis of the position and actions of the person who is the subject of them, it is the spiritual content of justice, and creates conditions for personal selfdetermination to find an answer to the question «Who am I, what do I want?»
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The Legalization of Higher Education
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.
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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
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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
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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
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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...
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Minimally legally invasive dentistry.
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.
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CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION
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...
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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...
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Legal Principles and Legislative Instrumentalism
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,
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€œLegal Boundaries of Online Advertising"
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...
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Use this T&C for DERA Smartway financing projects where an eligible nonprofit grantee is implementing a loan program and loan Recipients will use the loan funds for activities that trigger Davis Bacon.
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Legal Knowledge and Agility in Public Administration
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,
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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...
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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...
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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.
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ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME
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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.
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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.
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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....
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[THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].
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.
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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...
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Directory of Open Access Journals (Sweden)
María Jesús Cala
2016-01-01
Full Text Available The aim of this study is to shed light on what makes women decide whether or not to continue with legal proceedings for intimate partner violence once they have commenced. Legal professionals, members of the police force, and women in Spain were interviewed to help draft a questionnaire that was applied to a sample of 345 women who had undertaken legal proceedings against their (expartners. Socio-demographic, emotional, and psychological variables were considered as possible predictor variables and included in a logistic regression analysis. Results show that the best equation for predicting disengagement from legal procedures includes the level of support received by the victim, contact with the aggressor, thoughts about going back with the aggressor, and a feeling of guilt. The essential role of the psychological support during the legal process is emphasized in conclusions
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Directory of Open Access Journals (Sweden)
Small Dan
2008-10-01
Full Text Available Abstract The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics andprejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite". The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary
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5 CFR 582.202 - Service of legal process.
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...
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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.
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[Communication in health care - legal aspects].
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.
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A Software Tool for Legal Drafting
Directory of Open Access Journals (Sweden)
Daniel Gorín
2011-09-01
Full Text Available Although many attempts at automated aids for legal drafting have been made, they were based on the construction of a new tool, completely from scratch. This is at least curious, considering that a strong parallelism can be established between a normative document and a software specification: both describe what an entity should or should not do, can or cannot do. In this article we compare normative documents and software specifications to find out their similarities and differences. The comparison shows that there are distinctive particularities, but they are restricted to a very specific subclass of normative propositions. The rest, we postulate, can be dealt with software tools. For such an enterprise the FormaLex tool set was devised: an LTL-based language and companion tools that utilize model checking to find out normative incoherences in regulations, contracts and other legal documents. A feature-rich case study is analyzed with the presented tools.
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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.…
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42 CFR 57.1511 - Opinion of legal counsel.
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...
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28 CFR 543.15 - Legal aid program.
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...
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Platform economy in legal profession : An empirical study on online legal service providers in China
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
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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.
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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
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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
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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.
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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.
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From Toques to Tokes: Two challenges facing nationwide legalization of cannabis in Canada.
Bear, Daniel
2017-04-01
In 2015, a new Liberal Government came to power in Canada, elected on a platform that included legalization and regulation of cannabis for recreational purposes. Their legislation, based on recommendations from a Federal Task Force on Marijuana Legalization and Regulation, is due in early April 2017. This commentary utilizes Canadian Federal policy papers, previous literature, and internal and international agreements to examine two key areas critical to the development of a nationwide regulated market for cannabis in Canada; the need to overcome restrictions to legalizing cannabis in United Nations' drug control treaties, and the unique challenges that non-medical cannabis creates for navigating interprovincial trade policies in Canada. Irrespective of UN conventions that appear to prohibit legalization of cannabis the Government is preparing to bring forward legislation as this article goes to print. At the same time significant squabbles impede the selling of even beer and wine inter-provincially in Canada. This paper identifies the challenges facing Canadian legalization efforts, but also shows how the legalization legislation may provide opportunities to engender significant change beyond the simple legalization of a specific drug. This commentary does not argue for any specific course of action for Canada, but rather explores the nuance of legalization absent from the declaration in the Liberal party platform. The paper argues that Canada's efforts may hasten the dismantling of the UN drug control structure, and provide renewed opportunities for intern-provincial trade in Canada. Copyright © 2017 Elsevier B.V. All rights reserved.
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30 CFR 41.20 - Legal identity report.
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...
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The interface of legal and esthetic considerations
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...
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Terrorism as a Social and Legal Phenomenon
Serebrennikova, Anna; Mashkova, Yekaterina
2017-01-01
This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…
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Legal Professionals' Knowledge of Eyewitness Testimony in China: A Cross-Sectional Survey.
Directory of Open Access Journals (Sweden)
Lina Jiang
Full Text Available To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China.A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience.Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time among prosecutors.The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.
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Illicit drug policy in Spain: the opinion of health and legal professionals.
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.
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DEFF Research Database (Denmark)
Engberg, Jan
2013-01-01
texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...
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Legal framework for food fortification
DEFF Research Database (Denmark)
Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D
2013-01-01
Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best...
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The International Legal Personality of the Individual
DEFF Research Database (Denmark)
Kjeldgaard-Pedersen, Astrid
This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...
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Telemedicine: licensing and other legal issues.
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.
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18 CFR 3b.5 - Legal guardians.
2010-04-01
... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...
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Competitive Legal Professionals' use of Technology in Legal ...
African Journals Online (AJOL)
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 ...
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Should Pediatric Euthanasia be Legalized?
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
2018-02-01
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.
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Legal Duties and Legal Liabilities of Coaches toward Athletes
Directory of Open Access Journals (Sweden)
Mirsafian Hamidreza
2016-03-01
Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.
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Trinkner, Rick; Cohn, Ellen S
2014-12-01
Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.
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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.
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A novel dataset on legal traditions, their determinants, and their economic role in 155 transplants
Directory of Open Access Journals (Sweden)
Carmine Guerriero
2016-09-01
Full Text Available The law and the economy are deeply influenced by the legal tradition or origin, which is the bundle of institutions shaping lawmaking and dispute adjudication. The two principal legal traditions, common law and civil law, have been transplanted through colonization and occupation to the vast majority of the jurisdictions in the world by a group of European countries. Here, I illustrate a novel dataset recording the lawmaking institution employed by 155 of these jurisdictions at independence and in 2000 and four discretion-curbing adjudication institutions adopted by 99 of these “transplants” at the same two points in time. Contrary to the “legal origins” scholars׳ assumption, 25 transplants changed the transplanted lawmaking institution and 95 modified at least one of the transplanted lawmaking and adjudication rules. In “Endogenous Legal Traditions” (Guerriero, 2016a [12], I document that these reforms are consistent with a model of the design of legal institutions by societies heterogeneous in their endowment of both the extent of cultural heterogeneity and the quality of the political process. In “Endogenous Legal Traditions and Economic Outcomes” (Guerriero, 2016b [13] moreover, I show the relevance of considering legal evolution and the endogeneity between legal traditions and economics outcomes. The data illustrated here also include the proxies for the determinants of legal evolution I use in “Endogenous Legal Traditions” (Guerriero, 2016a [12] and the novel measure of economic outcomes I employ in “Endogenous Legal Traditions and Economic Outcomes” (Guerriero, 2016b [13].
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The latitude of logic in legal hermeneutics
Directory of Open Access Journals (Sweden)
Medar Suzana
2014-01-01
Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi
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INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA
Directory of Open Access Journals (Sweden)
Nevenka Ronkova
2016-04-01
Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.
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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
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Labour Market Interactions Between Legal and Illegal Immigrants
Epstein, Gil S
2000-01-01
This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.
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Labor Market Interactions Between Legal and Illegal Immigrants
Epstein, Gil S.
2000-01-01
This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.
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Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn
2016-12-01
The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights
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Legal consequences of kleptomania.
Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won
2009-12-01
Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.
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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)
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Modern Questions Of The Legal Philosophy
Directory of Open Access Journals (Sweden)
Gennadiy A. Torgashev
2014-06-01
Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.
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LKIF Core: principled ontology development for the legal domain
Hoekstra, R.; Breuker, J.; Di Bello, M.; Boer, A.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.
2009-01-01
In this paper we describe a legal core ontology that is part of the Legal Knowledge Interchange Format: a knowledge representation formalism that enables the translation of legal knowledge bases written in different representation formats and formalisms. A legal (core) ontology can play an important
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Formal and Legal Aspects of Buying and Commissioning Flats
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.
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The Uneven Legal Push for Europe
DEFF Research Database (Denmark)
Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons
2009-01-01
National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....
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Public perceptions of arguments supporting and opposing recreational marijuana legalization.
McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L
2017-06-01
In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments
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Legal aspects of intergenerational equity issues
International Nuclear Information System (INIS)
Green, H.P.
1984-01-01
This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references
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Religious legal systems: challenges of the modernity
Directory of Open Access Journals (Sweden)
Д. В. Лук’янов
2015-11-01
Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.
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[Medical data security in medico-legal opinioning].
Susło, Robert; Swiatek, Barbara
2005-01-01
Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.
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The new legal basis of the EU's energy policy
International Nuclear Information System (INIS)
Farantouris, N.E.
2011-01-01
According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)
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Legal Education: Critical of Contemporaneity
Directory of Open Access Journals (Sweden)
Patrícia Verônica Nunes Carvalho Sobral
2016-10-01
Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor of law schools; The educational legislation Questions of legal education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences about the teaching of law, the methodological approach and the didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.
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Directory of Open Access Journals (Sweden)
Milenković-Kerković Tamara
2011-01-01
Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.
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Corporate legal responsibility: A levinasian perspective
Soares, Conceição
2008-01-01
In this article I will look into Corporate Legal Responsibility taking into account Levinas’s notion of infinite responsibility, as well as his understanding of ethical language. My account of Levinas’s philosophy will show that it challenges – breaking down – deeply entrenched distinctions in the dominant strands of moral philosophy, within which the theory of individual responsibility is embedded, such as between:(1) duty to others on the one hand and supererogation on the other; (2) perfec...
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Directory of Open Access Journals (Sweden)
Melania Navas Graterol
2017-11-01
Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.
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Legal Reform, De-colonization and State-building in Palestine ...
International Development Research Centre (IDRC) Digital Library (Canada)
Legal Reform, De-colonization and State-building in Palestine. Demands for legal reform have come from both inside and outside Palestine. Inside Palestine, legal reform is seen as a prerequisite for democracy and good governance. Outside, legal reform is perceived as integral to the continued peace process with Israel.
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THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS
Directory of Open Access Journals (Sweden)
Eugene Stepanovich Shevlakov
2015-09-01
Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.
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The problem of the legal nature of Green Certificates in the Italian legal system
International Nuclear Information System (INIS)
Colcelli, Valentina
2012-01-01
Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.
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Supporting the legal Practitioner LKBS or the Web?
Leenes, R.E.; Svensson, Jorgen S.
1997-01-01
The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.
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Realistic rhetoric and legal decision
Directory of Open Access Journals (Sweden)
João Maurício Adeodato
2017-06-01
Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.
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The Legality and Validity of Administrative Enforcement
Directory of Open Access Journals (Sweden)
Sergei V. Iarkovoi
2018-01-01
Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.
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Legal Frame of Non-Social Robots
Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.
2016-01-01
This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the
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Formation of ideal of legal personality
Directory of Open Access Journals (Sweden)
Віта Олександрівна Сліпенчук
2016-01-01
Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as
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Legal briefing: home birth and midwifery.
Pope, Thaddeus Mason; Fisch, Deborah
2013-01-01
This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage
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Medical legal aspects of radiation oncology
International Nuclear Information System (INIS)
Wall, Terry J.
1996-01-01
The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed
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Society as a crime victim of legal entities
Directory of Open Access Journals (Sweden)
Tanjević Nataša
2011-01-01
Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.
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Responsive Legal Approach to Law of Human Trafficking in Indonesia
Farhana
2018-01-01
Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…
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Marijuana Legalization and Parents' Attitudes, Use, and Parenting in Washington State.
Kosterman, Rick; Bailey, Jennifer A; Guttmannova, Katarina; Jones, Tiffany M; Eisenberg, Nicole; Hill, Karl G; Hawkins, J David
2016-10-01
The recent legalization of nonmedical marijuana use in several U.S. states has unknown implications for those who are actively parenting. This study examined parents' reactions to marijuana legalization and changes in attitudes and behaviors over time. Data were from a gender-balanced, ethnically diverse sample of 395 parents in Washington State who were participating in the longitudinal Seattle Social Development Project. Participants were interviewed 15 times between 1985 (age 10) and 2014 (age 39). Adult nonmedical marijuana use was legalized in Washington in 2012 and retail outlets opened in 2014. Results showed (1) one third of parents incorrectly believed the legal age of nonmedical marijuana use to be 18; (2) significant increase in approval of adult marijuana use and decrease in perceived harm of regular use; (3) wide opposition to teen use and use around one's children; and (4) substantial increases in frequency of use and marijuana use disorder among parents who used. Despite increased acceptance and frequency of adult use, parents remain widely opposed to teen use but need facts and strategies for talking with their children about marijuana. Copyright © 2016 Society for Adolescent Health and Medicine. Published by Elsevier Inc. All rights reserved.
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Curbing Abuses of Legal Power in the Society
Tajudeen Ojo Ibraheem
2015-01-01
In a world characterized by greed and the lust for power and its attendant trappings, abuse of legal power is nothing new to most of us. Legal abuses of power abound in all fields of human endeavour. Accounts of such abuses dominate the mass media and for the average individual, no single day goes by without his getting to hear about at least one such occurrence. This paper briefly looks at the meaning of legal power, what legal abuse is all about, its causes, and some of...
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Legal Information Sources: An Annotated Bibliography.
Conner, Ronald C.
This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…
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Rule of law and legal epistemology
Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel
2016-01-01
In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such
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Legal culture as a factor of social stability
Directory of Open Access Journals (Sweden)
M M Akulich
2015-12-01
Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.
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Tax evasion between fraud and legality
Directory of Open Access Journals (Sweden)
Opreţ Laura-Anca
2017-12-01
Full Text Available This paper focuses on detailing the general coordinates regarding tax evasion and the necessity of creating a common unitary European legal framework. Accounting information might mirror erroneously in a certain measure the micro to macroeconomic tendency of fraud by showing a gross image of available resources. It is of the utmost importance to become fully aware of causes for illicit practices, ways to fight any fraud attempts and to evaluate the accounting mechanism that both creates and identifies tax evasion.
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Medico-legal claims against English radiologists: 1995-2006.
Halpin, S F S
2009-12-01
A list of claims against radiologists from 1995-2006 was obtained from the NHS Litigation Authority. It shows a total of 440 claims. The largest number of claims (199) related to delayed or missed diagnoses of cancer, and 73 claims related to breast radiology. There is a trend for a mild increase in the number of claims each year. 30 claims were made after a false-positive diagnosis of cancer. Just under pound8.5 million has so far been paid in damages, with a further pound5 million in legal fees. A claim for multiple missed diagnoses of breast cancer led to a pay-out of pound464 000 ( pound673 000 after legal fees); the largest sum awarded following a delay in the diagnosis of an individual cancer was pound300 000. The subtle legal distinction between error and negligence is reviewed here. The reason why breast radiologists are more likely to be sued than any other type of British radiologist is also discussed, along with the implications for UK radiological practice, particularly in light of the recent Chief Medical Officer's report on revalidation. A method is proposed that may protect radiologists from allegations of clinical negligence in the future.
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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....
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German Legal History: National Traditions and Transnational Perspectives
Directory of Open Access Journals (Sweden)
Thomas Duve
2014-01-01
Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.
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Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.
Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro
2018-01-01
Non-therapeutic body modification interventions are permitted within the limits of the use of one's own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.
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Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications
Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro
2018-01-01
Abstract Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. Results In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. Conclusion If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors. PMID:29675481
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Choice: Ethical and Legal Rehabilitation Challenges.
Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.
2000-01-01
The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…
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Visions of the Future of (Legal) Education
Madison, Michael
2017-01-01
One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.
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Legal regulation of treatment of wild animals
Kolečkářová, Eliška
2014-01-01
The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...
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Crime and the Legalization of Recreational Marijuana
Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio
2017-01-01
We provide first-pass evidence that the legalization of the cannabis market across US states may be inducing a crime drop. Exploiting the recent staggered legalization enacted by the adjacent states of Washington (end of 2012) and Oregon (end of 2014) we find, combining county-level difference-in-differences and spatial regression discontinuity designs, that the legalization of recreational marijuana caused a significant reduction of rapes and thefts on the Washington side of the border in 20...
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A computerized legal information management system | Ohiagu ...
African Journals Online (AJOL)
A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.
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Clarity Versus Accuracy and Objectivity in Written Legal English
Directory of Open Access Journals (Sweden)
Violeta Janulevičienė
2011-12-01
Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.
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" Canvas " and the Legal Business Model
Directory of Open Access Journals (Sweden)
Frederico de Andrade Gabrich
2016-06-01
Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.
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Legal Protection Against The Dance Creator In Indonesia
Directory of Open Access Journals (Sweden)
Juwita
2015-08-01
Full Text Available This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study i.e by collecting various documents in the form of primary secondary and tertiary legal materials. The results of research showed that 1. Dance is a part of copyright associated with diverse art and culture owned by the Indonesian certainly dance produced by consume energy thoughts time and cost by Dance Creator with regard to the creation the state has given protection of dance creator for art as stipulated in Article 40 letter e of Act No. 28 of 2014 as an expression of respect and appreciation to the Dance Creator 2 In association with the regulation on the protection of creative works of art dance regulated in Act No. 28 of 2014 the creator of dance argues is very important to give the protection of dance creator for their copyrighted works particularly their rights as a creator of dance i.e moral and economic rights. Giving moral and economic rights cannot be felt fully by the creator of dance this is due to the creator of dance does not have an institutions that will accommodate the creativity of creators that useful for their welfare.
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The power of law : Spinoza’s contribution to legal theory
Gribnau, J.L.M.
1995-01-01
Spinoza’s legal theoretical ideas are based on psychological and sociological regularities in human behaviour of knowledge. His naturalistic and descriptive approach of the relationship between law and power shows that the exercise of state power on that basis - within the constitutional constraints
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4 CFR 83.18 - Rights of legal guardians.
2010-01-01
... 4 Accounts 1 2010-01-01 2010-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual...
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The Legal Regulation of Cybersecurity
Darius Štitilis
2013-01-01
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 regul...
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AIRBNB AND UBER: LEGAL PLATFORM BUT ILLEGAL NETWORKED BUSINESS
Directory of Open Access Journals (Sweden)
Saša Zupan Korže
2018-05-01
Full Text Available Airbnb’s and Uber's popularity and scope of their networked business has significantly grown in the last few years. Both companies are engaged in sectors, which are regulated. The purpose of this paper is to discuss the legal issues related to Airbnb networked hospitality business and to Uber's networked transport business, with focus on EU member states solutions and Slovenian approach. The research was carried out from July 2017 to March 2018. We used the method of content analysis of secondary sources, methods of compilation and comparisons, analyses of qualitative data, collected in semi-structures interviews and explanatory case studies. The results show that Airbnb and Uber have become victims of their own success. The hospitality and transport business that participants perform using Airbnb or Uber platform do not comply with sectorial regulation of majority of EU member states. European Commission suggested some guidelines to solve the issues related with networked businesses. Moreover, European Court of Justice pointed out the exact solution on Uber's case. The research opens a debate on legal issues related to new technology-based business models and questions the rationale that stand behind legal solutions.
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The Impact of Legalized Abortion on Crime
John Donohue; Steven Levitt
2000-01-01
We offer evidence that legalized abortion has contributed significantly to recent crime reductions. Crime began to fall roughly 18 years after abortion legalization. The 5 states that allowed abortion in 1970 experienced declines earlier than the rest of the nation, which legalized in 1973 with Roe v. Wade. States with high abortion rates in the 1970s and 1980s experienced greater crime reductions in the 1990s. In high abortion states, only arrests of those born after abortion legaliz...
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2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any...
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2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims...
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Traditional Festivals to Become Legal Holidays
Institute of Scientific and Technical Information of China (English)
无
2007-01-01
@@ As nearly everyone knows already,the state is going to rearrange the schedule of legal holidays. The four traditional Chinese festivals, inluding Mid-Autumn Day, Dragon Boat Festival,Tomb-Sweeping Day and Spring Festival Eve, will be made into legal holidays. As for the Golden Week system, should it be continued or canceled?
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2010-01-01
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...
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MEDICAL ERROR: CIVIL AND LEGAL ASPECT.
Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L
2018-03-01
The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.
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How reliable are forensic evaluations of legal sanity?
Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T
2013-04-01
When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.
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Abortion Legalization and Life-Cycle Fertility
Ananat, Elizabeth Oltmans; Gruber, Jonathan; Levine, Phillip
2007-01-01
The early-1970s abortion legalization led to a significant drop in fertility. We investigate whether this decline represented a delay in births or a permanent reduction in fertility. We combine Census and Vital Statistics data to compare the lifetime fertility of women born in early-legalizing states, whose peak childbearing years occurred in the…
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Comparison between legal regulations on radiation protection issued by two governmental bodies
International Nuclear Information System (INIS)
Jonchev, L.
1996-01-01
Legal problems evolving from the equivalence of the rights and obligations of two Bulgarian governmental regulatory bodies: the Ministry of Health and the Committee on the Use of Atomic Energy for Peaceful Purposes (CUAEPP) are discussed. The adequate texts in the legal regulations showing some contradictory and conflicting topics are considered. Special attention is paid to the issues of licensing and regulatory responsibilities of both organizations as well as liquidation of accident consequences. Some proposals for elimination of the discrepancies in those documents are given. 8 refs. (author)
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Infidelity and the Possibility of a Liberal Legal Moralism
DEFF Research Database (Denmark)
Thaysen, Jens Damgaard
2017-01-01
This paper argues that according to the influential version of legal moralism presented by Moore infidelity should all-things-considered be criminalized. This is interesting because criminalizing infidelity is bound to be highly controversial and because Moore’s legal moralism is a prime example...... of a self-consciously liberal legal moralism, which aims to yield legislative implications that are quite similar to liberalism, while maintaining that morality as such should be legally enforced. Moore tries to make his theory yield such implications, first by claiming that the scope of our moral...... obligations is much more limited than legal moralists have traditionally claimed, and second by allowing for the possibility that the goodness of legally enforcing morality is often outweighed by the badness of limiting citizens’ morally valuable autonomy and spending scarce resources on enforcement. If Moore...
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Legal Change and Stigma in Surrogacy and Abortion.
Robertson, John A
2015-01-01
Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. © 2015 American Society of Law, Medicine & Ethics, Inc.
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21 CFR 21.75 - Rights of legal guardians.
2010-04-01
... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Rights of legal guardians. 21.75 Section 21.75... Individual § 21.75 Rights of legal guardians. For the purposes of this part, the parent of any individual who is a minor or the legal guardian of any individual who has been declared to be incompetent due to...
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Legal framework for food fortification: examples from Vietnam and Indonesia.
Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti; Van, Khan Tran; Laillou, Arnaud
2013-06-01
Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs. Fortification efforts in Indonesia and Vietnam are evaluated using published data as well as unpublished data from detailed evaluation reports, and compared with respect to the specific circumstances, constraints, objectives and results in each country. The legal framework is a crucial factor for the success of food fortification programs, as it shapes to a large extent the implementation of food fortification. The legal framework is instrumental to ensure the quality, safety, availability, cost-effectiveness, and sustainability of food fortification. In the first place, the legal framework should specify the fortificants and fortification levels, as well as the food vehicles and the fortification procedures. In addition, it should ensure the commitment of policy makers and producers to fortification, regulate the costing, describe and ensure information and communication such as product labeling integrate social marketing into the implementation, and provide the means to monitor and enforce fortification. A clear public health objective, together with careful consideration of the choices and restrictions dictated by the specific national environments, will help to develop legal frameworks that optimize the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and
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Conceptual Analysis of Causation in Legal Discourse
Czech Academy of Sciences Publication Activity Database
Doležal, Adam; Doležal, Tomáš
2014-01-01
Roč. 10, č. 7 (2014), s. 53-70 ISSN 1857-7881 Institutional support: RVO:68378122 Keywords : causation * tort law * legal liability Subject RIV: AG - Legal Sciences http://www.eujournal.org/index.php/esj/article/view/2968
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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 ...
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Legal pluralism and social justice in economic and political development
Benda-Beckmann, von F.
2001-01-01
Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a
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2010-01-01
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect of...
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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
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Legal Knowledge as a Tool for Social Change
González Vélez, Ana Cristina; Jaramillo, Isabel Cristina
2017-01-01
Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545
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Janczuk, Agnieszka
2015-01-01
This article uses the example of one of the best-known global payment systems provided by an online platform, PayPal, to analyze the role of private legal orders in creating new markets beyond jurisdictional borders. It shows that a relatively uniform legal order reduces risks involved in
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Indonesian legal framework to support innovation sustainability
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.
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Parents Representations of the Legal Socialization of Children
Directory of Open Access Journals (Sweden)
Kalashnikova A.S.,
2014-11-01
Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children
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22 CFR 92.85 - Service of legal process usually prohibited.
2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process usually prohibited. 92... RELATED SERVICES Quasi-Legal Services § 92.85 Service of legal process usually prohibited. The service of process and legal papers is not normally a Foreign Service function. Except when directed by the...
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Building the South African Nation through Legal Deposit: The Impact ...
African Journals Online (AJOL)
The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...
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Expectancy and Professional Norms in Legal Translation
DEFF Research Database (Denmark)
Faber, Dorrit; Hjort-Pedersen, Mette
2013-01-01
. These parameters focus on the degree to which the use of explicitation and implicitation is considered to influence meaning transfer, authentic English legal language and style, and the informative function of the translation in a defined translational situation. Based on Chesterman’s categorization of norms...... perceived norms influence the use of explicitation and implicitation. The findings are based on experiments involving Danish translators and legal experts who were asked to evaluate three different translations into English of the same Danish legal source text on a set of defined parameters...
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CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM
Directory of Open Access Journals (Sweden)
Camelia IGNĂTESCU
2013-12-01
Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.
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Legal highs - legal aspects and legislative solutions.
Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin
2011-01-01
In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.
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Mitee, Leesi Ebenezer
2017-01-01
Abstract: This article examines the use of a new legal information generic Top-Level Domain (gTLD) as a viable tool for easy identification of official legal information websites (OLIWs) and enhancing global public access to their resources. This intervention is necessary because of the existence of
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22 CFR 92.89 - Fees for service of legal process.
2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Fees for service of legal process. 92.89 Section 92.89 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.89 Fees for service of legal process. No charge should be made for...
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Directory of Open Access Journals (Sweden)
Beata Świątkowska
2013-10-01
Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697
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The impact of cuts in legal aid funding on charities.
Morris, Debra; Barr, Warren
2013-03-01
This article focusses on the specific impact of the cuts in legal aid funding on the charitable sector. The sector plays a significant role in advice giving. Some charities have the provision of legal advice as their sole purpose, whilst the work of other charities includes the giving of legal advice. Funding comes via a number of sources including legal aid, local authorities and charitable trusts. Whilst this volume highlights the legal aid reforms that will lead to significant cuts in funding, this article notes that charitable providers of legal advice have also suffered major cuts from their other traditional funding sources. Against this background, the article considers the serious and often unforeseen consequences for charities of the legal aid reforms, which go far beyond the impact on the high street law firm and access to justice for claimants.
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Piercing and tattoos in adolescents: legal and medico-legal implications
Directory of Open Access Journals (Sweden)
Conti Adelaide
2018-04-01
Full Text Available Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.
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The penal aspect of the essence of the legal institute
Directory of Open Access Journals (Sweden)
Олег Миколайович Кревсун
2016-04-01
Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.
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The reception of Roman law in the Romano-Germanic legal family rights: the case of French law
André Olavo Leite
2017-01-01
The Romano-Germanic family of legal systems, also known as the family of civil law, comprehends the group of legal systems that traditionally trace their roots up to the Roman law and the Justinian codifications, and that identify themselves as heirs of several of its characteristics. This paper analyses the example of French law, in order to draw on the permanence of Roman law in the contemporary legal systems of the Romano-Germanic family of rights and to show that its reception in those le...
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32 CFR 727.6 - Functions of legal assistance officers.
2010-07-01
... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... Act of 1964 and pertinent Navy instructions. (b) Nature of assistance. Legal assistance officers and... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are...
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77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations
2012-03-02
... DEPARTMENT OF ENERGY 10 CFR Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make... relating to the DOE notice of proposed rulemaking to revise existing regulations covering contractor legal...
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UBERTRUST: How Uber Represents Itself to Its Customers Through its Legal and Non-Legal Documents
Noto La Diega, Guido; Jacovella, Luce
2016-01-01
This paper examines some of the key factors that contribute to build or erode users’ trust in a platform-based service such as the one provided by Uber Technologies Inc. As clarified by the European Commission, the future Internet cannot succeed without trust of online platforms’ users. The paper explores Uber’s web of relationships with different categories of users, i.e., ‘driver-partners’, ‘riders’, ‘developers’ and ‘business users’ through Uber’s legal and non-legal representations. By an...
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European New Legal Realism and International Law:
DEFF Research Database (Denmark)
Holtermann, Jakob v. H.; Madsen, Mikael Rask
2015-01-01
complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...
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The Reach and Limits of Legal Education.
Schwartz, Murray L.
1982-01-01
Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)
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Legal institutions, strategic default, and stock returns
Favara, G.; Schroth, E.; Valta, P.
2008-01-01
This paper studies the impact of legal institutions on stock returns. More specifically, we examine how differences in debt enforcement and creditor protection around the world affect stock returns of individual firms. We hypothesize that if legal institutions prevent shareholders from engaging in
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Teaching the Legal Aspects of Business Communication.
Harcourt, Jules
1990-01-01
Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)
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Implications of Marijuana Legalization for Adolescent Substance Use
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 avai...
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[Manuel Azaña and psychology].
Bandrés, Javier; Llavona, Rafael
2010-08-01
Manuel Azaña (1880-1940) was President of the II Spanish Republic and one of the most influential intellectuals of the Republican culture. His doctoral thesis addressed some of the social psychology problems of his time regarding the issue of the legal responsibility of the masses. Azaña also showed interest in psychology during his time as a grantee in Paris and he became a close friend of two of the most influential Spanish psychologists: Luis Simarro y Gonzalo Rodríguez Lafora. Azaña's biography reflects the rise of Spanish psychologists of the early 20th century and their tragic dispersion at the end of the Spanish Civil War.
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76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations
2011-12-28
... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...
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Cannabis use and support for cannabis legalization
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
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INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING
Directory of Open Access Journals (Sweden)
Yuniarti Yuniarti
2014-09-01
Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.
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Review of: Legal practice and cultural diversity
DEFF Research Database (Denmark)
Vinding, Niels Valdemar
2010-01-01
This anthology comprises contributions from a conference on legal practice and cultural diversity held in London in July 2007, but the editors take their cue from the speech made in February 2008 by the Archbishop of Canterbury, Dr Rowan Williams. The questions central to the book are the same...... that arose after the speech by the Archbishop: whether or to what extent cultural difference should be recognized by legal systems. Legal practice and cultural diversity, edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, Andre´ J. Hoekema, Marcel Maussen, and Prakash Shah, Farnham, UK, Ashgate, 2009...
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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.
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ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS
Directory of Open Access Journals (Sweden)
Camelia, CHIRILA
2014-11-01
Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.
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Physician-assisted suicide: the legal slippery slope.
Walker, R M
2001-01-01
In Oregon, physicians can prescribe lethal amounts of medication only if requested by competent, terminally ill patients. However, the possibility of extending the practice to patients who lack decisional capacity exists. This paper examines why the legal extension of physician-assisted suicide (PAS) to incapacitated patients is possible, and perhaps likely. The author reviews several pivotal court cases that have served to define the distinctions and legalities among "right-to-die" cases and the various forms of euthanasia and PAS. Significant public support exists for legalizing PAS and voluntary euthanasia in the United States. The only defenses against sliding from PAS to voluntary euthanasia are adhering to traditional physician morality that stands against it and keeping the issue of voluntary euthanasia legally framed as homicide. However, if voluntary euthanasia evolves euphemistically as a medical choice issue, then the possibility of its legalization exists. If courts allow PAS to be framed as a basic personal right akin to the right to refuse treatment, and if they rely on right-to-die case precedents, then they will likely extend PAS to voluntary euthanasia and nonvoluntary euthanasia. This would be done by extending the right to PAS to incapacitated patients, who may or may not have expressed a choice for PAS prior to incapacity.
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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.
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Medico-legal claims against English radiologists: 1995–2006
Halpin, S F S
2009-01-01
A list of claims against radiologists from 1995–2006 was obtained from the NHS Litigation Authority. It shows a total of 440 claims. The largest number of claims (199) related to delayed or missed diagnoses of cancer, and 73 claims related to breast radiology. There is a trend for a mild increase in the number of claims each year. 30 claims were made after a false-positive diagnosis of cancer. Just under £8.5 million has so far been paid in damages, with a further £5 million in legal fees. A claim for multiple missed diagnoses of breast cancer led to a pay-out of £464 000 (£673 000 after legal fees); the largest sum awarded following a delay in the diagnosis of an individual cancer was £300 000. The subtle legal distinction between error and negligence is reviewed here. The reason why breast radiologists are more likely to be sued than any other type of British radiologist is also discussed, along with the implications for UK radiological practice, particularly in light of the recent Chief Medical Officer's report on revalidation. A method is proposed that may protect radiologists from allegations of clinical negligence in the future. PMID:19470570
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Legal regime of human activities in outer space law
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.).
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Legal liability and claims for the hotel industry
Dimcho Todorov
2017-01-01
The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...
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Legal regulation of protection of animals against cruelty
Spurná, Jana
2006-01-01
Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...
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A reformed global legal architecture for corporate responsibility
Turner, Stephen J.
2014-01-01
This paper considers key features within the legal architecture of all jurisdictions that utilise the ‘corporation’ as a primary medium for business enterprise. Therefore it highlights the legal frameworks under which ‘corporations’ operate and the pressure that this places upon corporate directors to achieve specific financial outcomes. It then illustrates how this legal architecture can have certain negative effects for other stakeholders such as the environment and communities. The pape...
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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.
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Evidence supporting broader access to safe legal abortion.
Faúndes, Anibal; Shah, Iqbal H
2015-10-01
Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal condition for abortion is met. The present article aims to contribute to a better understanding that one can be in favor of greater access to safe abortion services, while at the same time not be "in favor of abortion," by reviewing the evidence that indicates that criminalization of abortion only increases mortality and morbidity without decreasing the incidence of induced abortion, and that decriminalization rapidly reduces abortion-related mortality and does not increase abortion rates. Copyright © 2015. Published by Elsevier Ireland Ltd.
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Characteristics of illegal and legal cigarette packs sold in Guatemala.
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.
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Legal framework for a radiation safety infrastructure
International Nuclear Information System (INIS)
Bilbao, A.A.
2000-01-01
In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions
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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.
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Anything goes: An apology for parallel distributed legal science
Hage, Jacob
2016-01-01
Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science
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44 CFR 6.8 - Subpoena and other legal demands.
2010-10-01
... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Subpoena and other legal..., DEPARTMENT OF HOMELAND SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 General § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be...
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[Acute scrotal pain in childhood: legal pitfalls].
Bader, Pia; Hugemann, Christoph; Frohneberg, Detlef
2017-12-01
Acute scrotal pain in childhood is an emergency.Sudden scrotal pain may be caused by a variety of diseases. Therefore, it is important to carefully consider the specific medical history and possible differential diagnoses in each case for fast and decisive action (e. g. in case of testicular torsion). As minors lack the capacity for consent, it is absolutely necessary to obtain consent from their legal guardian. However, obtaining consent in the available time frame can cause organisational challenges in an acute emergency, which may lead to situations in the daily routine where a therapeutic decision needs to be taken (including surgery) without legal security based on consent by the guardian. In some cases, the child's consent also needs to be taken into account, depending on its age and development.For the physician and surgeon in charge, the legal evaluation of the case at hand and therewith the obtainment of legal security are of great significance. © Georg Thieme Verlag KG Stuttgart · New York.
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[Medical-legal issues of physical and pharmacological restraint].
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.
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Legal culture: characteristics and specifics (on the example of contemporary Kazakhstan
Directory of Open Access Journals (Sweden)
G R Absattarov
2014-12-01
Full Text Available The article considers the legal culture as an ‘ideal phenomenon’ providing value meanings for the outlook of the Kazakhs and the basis for the development of the population legal consciousness. The author focuses on the national significance of the legal, civil society and the development of new legal social ideals, norms and rules, examines key problems and contradictions in the legal culture of today’s Kazakhstan.
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Legal Regulation of Franchise in Latvia and Abroad
Viktorija Jarkina
2009-01-01
Abstract This doctoral thesis is a scientific study “Legal Regulation of Franchise in Latvia and Abroad” which analyses in detailed and systematic manner peculiarities and trends of development of legal franchise regulation in the countries of the world, as well as issues of legal qualification and content of the franchise agreement in the context of Romanic-Germanic system of law. The theoretical basis of the study is scientific works of renowned experts of law, articles...
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Powering Nigeria through renewable electricity investments: legal ...
African Journals Online (AJOL)
Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...
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[Marketability of food supplements - criteria for the legal assessment].
Breitweg-Lehmann, Evelyn
2017-03-01
To be placed on the market legally, food supplements have to meet national and European food law regulations. This is true for all substances used as well as for the labeling on the packaging of and the advertising for food supplements. The food business operator is responsible for its compliance with all regulations. Therefore, in this article, a concise step-by-step assessment is presented, covering all necessary legal requirements to market food supplements. Additionally, all steps are visualized in a flow chart. All vitamins, minerals and other substances used have to meet the legal conditions. Food business operators have to make sure that their products do not contain medicinal ingredients based on their pharmacologic effect. It is prohibited to place medicinal products as food supplements on the market. Furthermore, food business operators have to make sure that their products are not non-authorized novel foods according to the novel food regulation (EC) no. 258/97. Also, food supplements have to meet the requirements of article 14 of Regulation (EC) No. 178/2002 concerning the safety of foodstuff. Food shall not be placed on the market if it is unsafe. For food supplements that fail the German food-related legal standards but are legally manufactured in another EU member state or are legally put into circulation, the importer requires the so-called general disposition, which must be applied for at the BVL according to § 54 of the German Food and Feed Act. Another possibility for food which fails to meet German food law is to apply for a certificate of exemption according to § 68 of the Food and Feed Act. The food business operator has to meet the harmonized regulations concerning maximum and minimum levels of additives, flavors and enzymes. The packaging has to meet the compulsory labeling as well the voluntary labeling, like health claims. The BVL is also the relevant authority for other tasks concerning food supplements. A figure shows all
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Directory of Open Access Journals (Sweden)
Christoffel Hendrik van Zyl IV
2016-05-01
Full Text Available When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ideas on what ethical behaviour entails. Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly assist law students in avoiding pitfalls which may lead to disciplinary action, they must be taught to appropriately use their moral compasses. This narrative aims to show that the metaphorical moral compass, with the cardinal virtues as possible main points, may serve as the crucial and underlying guide in the avoidance of the pitfalls which may result in a person being struck from the roll, but more than that, that it may aid in the pursuit of personal dreams or goals. The article contributes to the literature on legal ethics by foregrounding the virtues that pertain to sound conduct in a lawyer, as opposed to the rules and codes, in the hope that this may help legal practitioners to decide on what is right and what is wrong.
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EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE
Directory of Open Access Journals (Sweden)
Andrei-Alexandru STOICA
2018-05-01
Full Text Available Unmanned vehicles are becoming a common sighting in our day-to-day life and are soon going to become an important economic drive in creating workspaces and help achieve new milestones in human activities. As such, the technology revolving around the unmanned vehicles will push itself as much as it’s needed but with each achievement in the field of robotics a legal issue arises around how to use the newly acquired piece of technology in a public or private space and whether or not should such a technology be placed under a strict governmental control. As the saying by Prof. Henry W. Haynes (1879 goes “The possession of great powers and capacity for good implies equally great responsibilities in their employment. Where so much has been given much is required.” so does an unmanned vehicle and its operator must follow a degree of legal guidelines on how to properly use the gadget and to also to understand the legal limitations when interacting with other entities. This paper will focus on identifying and answering some legal issues regarding what is required for a drone to fly over an identifiable space, but also if the operator must have a document that was conferred by a state to acknowledge the skills of the pilot or should a software limitation be in place for national security safeguards. The paper will also tackle the issue of identifying legal documents from different states that can be applied to drone flight operations and also if different states have adopted sanctions to persons who did not abide to said legal norms.
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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.
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LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS
Directory of Open Access Journals (Sweden)
R. R. Kalinina
2014-10-01
Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.
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Are AustLII and Google Enough for Legal Research?
Fong, Colin
2006-01-01
For the past ten years law students, academics and legal practitioners have relied on AustLII and various internet search engines to conduct legal research. The purpose of this article is to examine what these can offer and to note the importance of other websites when conducting legal research. This article is based on an address given to the…
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Scientific-practical and legal problems of implementation of the personalized medicine.
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.
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Death with Dignity: A Tripartite Legal Response
Leblang, Theodore Raymond
1978-01-01
This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)
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17 CFR 1.60 - Pending legal proceedings.
2010-04-01
... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a) Every... section to be submitted to the Commission as to matters pending on the effective date of the section (May...
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Southern African Development Community (SADC) trade legal ...
African Journals Online (AJOL)
Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...
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Photovoltaic facilities, legal guidebook
International Nuclear Information System (INIS)
Maincent, G.
2011-01-01
Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)
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Wilson-Shaw, Lucy; Pistrang, Nancy; Herlihy, Jane
2012-01-01
Procedures for determining refugee status across Europe are being speeded up, despite the high prevalence of mental health difficulties among asylum seekers. An assurance given is that ''vulnerable applicants'' will be identified and excluded from accelerated procedures. Although experts have recommended assessments to be undertaken by experienced clinicians, this is unlikely to happen for political and financial reasons. Understanding how non-clinically qualified personnel perform assessments of mental health issues is timely and crucial. Misrecognition of refugees due to the inappropriate use of accelerated procedures involves the risk of returning the very people who have the right to protection from further persecution. To examine the decision making of immigration lawyers, who are an example of a group of nonclinicians who decide when and whether to refer asylum-seekers for psychiatric assessment. Semi-structured interviews were conducted with 12 legal representatives working with people seeking refugee or human rights protection in the United Kingdom. The resultant material was analysed using Framework Analysis. Themes clustered around the legal case, the client, the representative and the systems, all with sub-themes. A mapping exercise integrated these themes to show how representatives brought together questions of (1) evidential reasons for a report, influenced by their legal, psychological and case law knowledge, and (2) perceived evidence of mental distress, influenced by professional and personal experiences and expectations. The legal representatives interviewed were well-informed and trained in psychological issues as well as clearly dedicated to their clients. This helped them to attempt quasi-diagnoses of common mental health problems. They nonetheless demonstrated stereotypical understanding of post-traumatic stress disorder and other possible diagnoses and the role of subjectivity. The study has implications for other groups - particularly those
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Directory of Open Access Journals (Sweden)
Lucy Wilson-Shaw
2012-10-01
Full Text Available Background : Procedures for determining refugee status across Europe are being speeded up, despite the high prevalence of mental health difficulties among asylum seekers. An assurance given is that ‘‘vulnerable applicants’’ will be identified and excluded from accelerated procedures. Although experts have recommended assessments to be undertaken by experienced clinicians, this is unlikely to happen for political and financial reasons. Understanding how non-clinically qualified personnel perform assessments of mental health issues is timely and crucial. Misrecognition of refugees due to the inappropriate use of accelerated procedures involves the risk of returning the very people who have the right to protection from further persecution. Objective : To examine the decision making of immigration lawyers, who are an example of a group of nonclinicians who decide when and whether to refer asylum-seekers for psychiatric assessment. Method : Semi-structured interviews were conducted with 12 legal representatives working with people seeking refugee or human rights protection in the United Kingdom. The resultant material was analysed using Framework Analysis. Results : Themes clustered around the legal case, the client, the representative and the systems, all with sub-themes. A mapping exercise integrated these themes to show how representatives brought together questions of (1 evidential reasons for a report, influenced by their legal, psychological and case law knowledge, and (2 perceived evidence of mental distress, influenced by professional and personal experiences and expectations. Conclusions : The legal representatives interviewed were well-informed and trained in psychological issues as well as clearly dedicated to their clients. This helped them to attempt quasi-diagnoses of common mental health problems. They nonetheless demonstrated stereotypical understanding of post-traumatic stress disorder and other possible diagnoses and the
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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.
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Abortion Rights Legal Mobilization in the Peruvian Media, 1990-2015.
Gianella, Camila
2017-06-01
State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization-in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República , between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media's agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed.
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Constitutional and legal protection for life support limitation in India
Directory of Open Access Journals (Sweden)
R K Mani
2015-01-01
Full Text Available Appropriate treatment limitations towards the end of life to reduce unwanted burdens require ethical clarity that is supported by appropriate legislation. The lack of knowledge of enabling legal provisions, physicians feel vulnerable to legal misinterpretation of treatment limiting decisions. In India the lack of societal awareness, inadequate exploration of the gray areas of bio-ethics and unambiguous legal position relating to terminal illness have resulted in poor quality end of life care. Much of the perceived vulnerability by the physician is attributable to insufficient knowledge and understanding of existing constitutional and legal position in India. While we await informed legal and legislative opinion, this paper highlights possible legal liabilities arising from treatment limitation decisions with available defense. It is hoped that such clarity would lead to more confident ethical decisions and improved end of life care for patients.
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LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA
Directory of Open Access Journals (Sweden)
Edina Šehrić
2016-09-01
Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.
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Constitutionalising the Right Legal Representation at CCMA ...
African Journals Online (AJOL)
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...
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Reproduction, women, and the workplace: legal issues.
Bertin, J E
1986-01-01
Legal conflict has marked the effort to protect workers against reproductive injury, and legal activity in the management of occupational risks reflects a much broader range of important social issues, such as sexual discrimination in the workplace. This article describes the evolving law related to reproductive hazards that concern men, women and children.
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Medico-legal documentation South African Police Services forms
African Journals Online (AJOL)
information to the court and to be an educator. S Afr Fam ... Keywords: forensic medicine, medico-legal, legal documentation, assault, sexual assault, under the influence. Abstract .... Documentation in the absence of a South African Police.
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The admission and enrolment of foreign legal practitioners in South ...
African Journals Online (AJOL)
Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the internationalisation of legal education. Increasing numbers of law students get ...
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The Attorney-Client Relationship as a Business Law-Legal Environment Topic
Levin, Murray S.
2004-01-01
Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…
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The role of law as an instrument of communication within legal positivism
Directory of Open Access Journals (Sweden)
Claudiu Ramon D. Butculescu
2015-12-01
Full Text Available This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.
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Legal Language: What Is It and What Can We Do about It?
Charrow, Veda R.; Crandall, JoAnn
Legal language is discussed in the context of concern about the comprehensibility of consumer documents and the trend toward simplification of the language used in these documents. Specific features of legal language and its functions within the legal community and society are identified. As a primary tool of the legal profession, legal language…
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Effects of Abortion Legalization in Nepal, 2001-2010
Harper, Cynthia; Darney, Philip; Henderson, JT; Puri, M; Blum, M; Harper, CC; Rana, A; Gurung, G; Pradhan, N; Regmi, K; Malla, K; Sharma, S
2013-01-01
Background: Abortion was legalized in Nepal in 2002, following advocacy efforts highlighting high maternal mortality from unsafe abortion. We sought to assess whether legalization led to reductions in the most serious maternal health consequences of unsafe
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An Interdisciplinary Seminar on Legal Issues in Medicine.
Moore, Dale L.
1989-01-01
A seminar on legal issues in medicine brings together medical (obstetrics/gynecology) and law students to promote mutual understanding of the legal and medical realms, their effects on each other, and the potential for cooperation. (MSE)
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Legal Protection Against The Dance Creator In Indonesia
Juwita; Juajir Sumardi; Oky Deviany Burhamzah; Hasbir Paserangi
2015-01-01
This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study ...
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A Study on the Information Analysis and Legal Affairs
International Nuclear Information System (INIS)
Chung, W. S.; Yang, M. H.; Yun, S. W.; Lee, D. S.; Kim, H. R.; Noh, B. C.
2009-02-01
It is followed that results and contents of a Study on the Nuclear Information Analyses and Legal Affairs. Our team makes an effort to secure KAERI's best legal interest in the process of enacting nuclear laws and codes, international collaborative study, and management. Moreover, as a international trend analysis, we studied Japan government's position to nuclear energy under the aspect of reducing climate change and supplying sustainable energy. Improvement of Japan's radiation use showed increasing contribution of radiation technology to the people. Results of studies of nuclear policy of Kazakhstan, forecasting global trend in 2030 of Nuclear area, and new U.S. government's policy to nuclear energy are also explained. Lastly, we performed evaluation of source of electric generator which reduce emitting carbon dioxide in the aspect of greenhouse gas emission statistic and tested green gas reducing ability of Korea's green source of electric generator that reducing greenhouse gas effect
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Advice for the New Legal Studies Professor
Bird, Robert C.
2012-01-01
The transition into academia from law school or legal practice is a significant and exciting shift in one's legal career. This transition, however, can also be one that presents numerous challenges. Preparing a syllabus and drafting lecture material can seem like a daunting task. Writing an academic article for the first time involves learning a…
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Review. Teaching Legal and Administrative Science Nadia-Cerasela Anitei and Roxana Alina Petraru
Doina Mihaela POPA
2011-01-01
The work Didactica predarii stiintelor juridice si administrative (Teaching Legal and Administrative Science) authors Nadia- Cerasela Anitei and Roxana Alina Petraru is structured around the following 10 lessons: 1. General notions about teaching legal science, 2. Teaching legal science, 3. Learning with application in legal science, 4. Legal science teaching aims, 5. Education curriculum for teaching legal science, 6. Learning Methods 7. Educational assessment with applications for legal sci...
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Atypical real estate objects: legal regime and control system
Directory of Open Access Journals (Sweden)
Voskresenskaya Elena
2017-01-01
Full Text Available The legal concept of immovable things raises controversy in legal practice. Determining and understanding the definition of real estate, the complexity and diversity of these objects, a growing appearance of so-called atypical properties (such as sport stadiums, roads, boreholes, analyzing legislation and judicial practice of this field – all these issues call for a deep study of this topic. There is a conflicting arbitration practice, the subject of which is the learning of the legal nature of atypical real estate (for instance, asphalt playgrounds, car parks, fences, wells. The object of the research is the learning of the legal status of atypical real estate.
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LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW
Directory of Open Access Journals (Sweden)
Emilian CIONGARU
2014-05-01
Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.
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Legal protection of pet animals in domestic legislation
Directory of Open Access Journals (Sweden)
Vidić-Trninić Jelena
2012-01-01
Full Text Available The subject of the author's analysis is the issue of legal protection of pet animals. Through analysis of applicable provisions contained in the Act on Animal Welfare of Serbia, on one hand, and the fundamental principles and provisions set out in the European Convention for the Protection of Pet animals, on the other hand, this paper attempts to point out the degree of legal protection that pet animals are awarded under domestic legal regulations, as well as to answer the question of compatibility of the national legislation with the international standards set out in the mentioned European Convention regarding the above mentioned question. In addition, since the legal protection of pet animals is also regulated by relevant by-laws in our law, the analysis of certain aspects of protection provided to pet animals, specifically the Decision of the city of Novi Sad on keeping of domesticated animals, the paper attempts to draw attention to compliance of the solutions adopted in this legal act, with the fundamental principles of protection, provided to pets by laws or the Act on Animal Welfare of Serbia. Finally, in order to provide a more comprehensive insight in terms of achievement of the legal protection of pets in Serbian law, the paper analyzes the types of unlawful conduct of the owner or the holder of the animals, as well as their respective sanctioning prescribed in specific laws or bylaws.
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Value-orientation of the law vs. legal positivism
Directory of Open Access Journals (Sweden)
Trajković Marko
2014-01-01
Full Text Available The law cannot squeeze out values. Thus, it comes as an imperative of our reality to set the place for the law in the world of values. The world of values is not apart from our reality. In our reality the world of values is the purpose of everything that exists. Actually, it is about the demand to bring values into our reality. The meaning of values is absolute. The eternity of values immediately points to the absolute order of values, which as such has its 'homeland' in Creator. The issue of finding the place of the law in the world of values is a 'pre-legal' issue. Thereby the world of values is becoming the assumption of the existence and development of the law. Legal norm then becomes the formulation of values. Legal norm is not precious in itself, but only if it expresses fundamental values. Legal norm has to be the logical formulation, that is to say, it has to deliver the contents of value correctly and appropriately. As an expression of the value dimension legal norm obtains the binding power. Keeping in mind the legal norm defined in such a way, nobody can deny its necessity in reality. The law then expresses the contents of value and proposes the model of the ideal behavior. The fact that values have 'creating power' is thus proved to be true.
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76 FR 30040 - Proposed Airworthiness Directives Legal Interpretation
2011-05-24
.... SUMMARY: The Federal Aviation Administration published a proposed airworthiness directives legal... Administration (FAA) published a proposed airworthiness directives legal interpretation in the Federal Register... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2010...
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Disciplinary and Legal Actions Against Dermatologists in Canada.
Nasseri, Eiman
2016-01-01
Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.
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Bank guarantee in Serbian and European legal systems
Directory of Open Access Journals (Sweden)
Pajtić Bojan L.
2015-01-01
Full Text Available The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.
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A Goddess for semiotics of law and legal discourse
Directory of Open Access Journals (Sweden)
Jan M. Broekman
2011-12-01
Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on
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" Canvas " and the Legal Business Model
Frederico de Andrade Gabrich
2016-01-01
There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...
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Depósito legal nas bibliotecas portuguesas
Fiolhais, Carlos
2007-01-01
O modelo de depósito legal nas bibliotecas portuguesas é questionado face às dificuldades financeiras e de vária ordem com que as mesmas se deparam, defende-se uma racionalização do depósito legal e uma tomada de posição pela Biblioteca Nacional entidade gestora do sistema.
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#MeToo? Legal Discourse and Everyday Responses to Sexual Violence
Directory of Open Access Journals (Sweden)
Alison Gash
2018-05-01
Full Text Available Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.
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Legal argumentation and judicial decision making: Empirical evidence from Ecuador
Directory of Open Access Journals (Sweden)
José Luis Castro-Montero
2018-05-01
Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.
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The lawyer, legal education and population policies in Africa.
Uche, U U
1976-09-01
This paper analyses the relationship of the lawyer and legal education to policies of population dynamics in Africa. Lawyers have been reluctant to enter effectively into population studies and consequently are peripheral in influencing the formulation and implementation of population policies in Africa. This "unfortunate" situation reflects the varying attitudes of the lawyer to some aspects of population dynamics. The concept of Human Rights is examined as offering a suitable avenue for increased participation of lawyers into the formulation of population policies. The paper examines the structure of laws affecting parameters of population dynamics in Kenya and the extent to which Kenya's legal structure, as in some other African countries, is pegged to the legal system of their colonial governments. This factor, reinforced by traditional practices and socioeconomic factors, frustrate lawyers' attitudes. These attitudes can be changed by making population law an integral part of legal educational curricula. Breakdowns are given of lawyer's attitudes to fertility and abortion under specified conditions and descriptions of various case studies in Kenya, Sweden, Prague, Czechoslovakia, and England involving abortion laws. Contraception laws in Africa and health codes are detailed in order to trace how people's attitudes tend to frustrate the law, especially concerning veneral diseases. Laws concerning drugs, and especially spatial distribution (urban and rural migration) are described to show how lawyers can become involved in population law. The author's recommended law curriculum is given which emphasizes introductory preparation in the sociological, economic, demographic, health and sex education dimensions of the subject of population law in addition to study of all statutory provisions, orders, regulations, by laws and judicial decisions that have any bearing on population matters. Categories to be studied should include fertility regulation, family law
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Legal provisions governing the acknowledgment of test results
International Nuclear Information System (INIS)
Strecker, A.
1982-01-01
The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de
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Legal Education, Liberal Education, and the Trivial "Artes."
Kimball, Bruce A.
1986-01-01
Reviews the influence of liberal education upon legal education, studying the historical process according to which changes of emphasis within liberal education (from rhetoric to dialectic or the reverse) have been reflected in related changes in legal education. (AYC)
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When certainty and legality collide: the efficacy of interdictory relief ...
African Journals Online (AJOL)
Effective legal redress against unlawful building works or construction activities can be an elusive target. Given the desirability of legal certainty attached to administrative decisions in terms of which building plans are approved, should the practical implications of this principle trump the equally important principle of legality?
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Research with Pregnant Women: New Insights on Legal Decision-Making.
Mastroianni, Anna C; Henry, Leslie Meltzer; Robinson, David; Bailey, Theodore; Faden, Ruth R; Little, Margaret O; Lyerly, Anne Drapkin
2017-05-01
U.S. researchers and scholars often point to two legal factors as significant obstacles to the inclusion of pregnant women in clinical research: the Department of Health and Human Services' regulatory limitations specific to pregnant women's research participation and the fear of liability for potential harm to children born following a pregnant woman's research participation. This article offers a more nuanced view of the potential legal complexities that can impede research with pregnant women than has previously been reflected in the literature. It reveals new insights into the role of legal professionals throughout the research pathway, from product conception to market, and it highlights a variety of legal factors influencing decision-making that may slow or halt research involving pregnant women. Our conclusion is that closing the evidence gap created by the underrepresentation and exclusion of pregnant women in research will require targeted attention to the role of legal professionals and the legal factors that influence their decisions. © 2017 The Hastings Center.
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How does Investors' Legal Protection affect Productivity and Growth?
Binyamin Berdugo; Sharon Hadad
2009-01-01
This paper analyzes the implications of investors' legal protection on aggregate productivity and growth. We have two main results. First, that better investors' legal protection can mitigate agency problems between investors and innovators and therefore expand the range of high-tech projects that can be financed by non-bank investors. Second, investors' legal protection shifts investment resources from less productive (medium-tech) to highly productive (high-tech) projects and therefore enha...
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Criminal sanctions for legal enties: An instrument of crime control
Directory of Open Access Journals (Sweden)
Jovašević Dragan
2016-01-01
Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one
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Attraction of business and restriction in legal practice in Nigeria and ...
African Journals Online (AJOL)
PROMOTING ACCESS TO AFRICAN RESEARCH ... The legal practice is perceived by many to be a noble profession where high professional standards and ... Keywords: Attraction, Legal Practice, Globalization, Legal Education, Entreprelaw ...
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A legal version of the nanoworld
Lacour, Stéphanie
2011-09-01
Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.
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International legal positivism in a post-modern world
Kammerhofer, J.; d' Aspremont, J.
2014-01-01
International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse
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Legal aspects of thermal discharges
International Nuclear Information System (INIS)
Martin, A.J.
1974-01-01
An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)
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Introducing legal method when teaching stakeholder theory
DEFF Research Database (Denmark)
Buhmann, Karin
2015-01-01
: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....
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Suretyship in Serbian and comparative legal systems
Directory of Open Access Journals (Sweden)
Pajtić Bojan
2014-01-01
Full Text Available The author has compared the institute of suretyship in Serbian law and other comparative legal systems, both continental and common-law. With the development of economy, these instruments of creditor's protection in the contractual relationship have gained full promotion. The analysis of the similarities and differences in the treatment of suretyship implies a relationship between the European legal systems.
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Colligations of Prepositions: Essential Properties of Legal Phraseology
Directory of Open Access Journals (Sweden)
Kamariah Yunus
2016-11-01
Full Text Available Specialised discourses manifest the organising thoughts of the discourse community that speaks the language. They are formed by a series of interrelated linguistic properties that are joined in sentences by small but very important lexico-grammatical properties - colligations of prepositions. This paper reviewed the linguistic properties that constitute these linguistic patterns (colligations of prepositions as well as their semantic and pragmatic functions in legal discourse. The literature reveals that prepositions have both the lexical and grammatical statuses. They are prevalent in legal texts, and they play very important role in conveying the thoughts of the discourse community of the law. Proficient linguistic users are marked by having competence of these patterns. Due to the importance of colligations of prepositions in legal discourse, it is recommended that law students and legal scholars be taught colligations of prepositions explicitly rather than learning them implicitly.
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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.
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Whither the legal control of nuclear energy?
International Nuclear Information System (INIS)
Riley, Peter
1995-01-01
International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs
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22 CFR 72.9 - Responsibility if legal representative is present.
2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Responsibility if legal representative is... Nationals § 72.9 Responsibility if legal representative is present. (a) A consular officer should not act as provisional conservator if the consular officer knows that a legal representative is present in the foreign...
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Navigating the Legal Horizon: Lawyering the MH17 Disaster
Directory of Open Access Journals (Sweden)
Marieke de Hoon
2017-04-01
Full Text Available On 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to find justice have faced many complications and legal complexities. This article aims to provide insight into these legal and political complexities. In particular, it discusses the core legal questions of the criminal accountability of the perpetrators and the State responsibility of those States involved —Ukraine and Russia— through the legal doctrines of public international law and the European Convention on Human Rights. It further offers some core considerations relating to civil liability of States and airline carriers. In addition to providing insight into why the road to justice is long and arduous, the legal options available, and the specific challenges of each, the article also emphasises that having a legal option does not necessarily mean that it is also the best choice to use it. That choice is up to victims’ relatives and the States concerned. The article takes no position in this regard. Instead, it seeks to provide an analysis that may contribute to making such decisions in an informed manner.
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Allocation pattern in the financing of colleges of legal and Islamic ...
African Journals Online (AJOL)
Makerere Journal of Higher Education ... This study investigated the allocation pattern in the financing of colleges of Legal and Islamic Studies in Nigeria with special regard to the adequacy of the funding. The sample ... The findings showed that there is general under-funding of these colleges within the period considered.
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Directory of Open Access Journals (Sweden)
Silvio Romero Beltrão
2015-04-01
Full Text Available This work is interdisciplinary and aims to examine the adequacy of the patient-physician relationship to the requirements of validity of legal business. The doctor-patient relationship needs a complete overview on the elements and requirements that constitute its validity in law. As a starting point analyzes the doctor-patient relationship as a legal fact, to then verify the validity requirements of the patient medical legal business, capable agent, object and lawful manner prescribed by law. Investigating the manifestation of the will as the main element of the legal transaction to define the end of the study the importance of the doctor-patient relationship by law, based on the General Theory of Civil Law.
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The legal regulation of career course in Latvian Police
Kitija Bite
2013-01-01
ANNOTATION The research „The legal regulation of career course in Latvian Police” describes the existing legal regulation of all Service elements. In order to unveil the intended purpose several aspects were analyzed – selection and professional training for the Service, organization of the career and termination of legal relationships. The structure of the research is constituted by the given elements, where a chapter is dedicated to each of them. With regard to foreign exp...
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The Economic Effects of Providing Legal Status to DREAMers
Ortega, Francesc; Edwards, Ryan; Hsin, Amy
2018-01-01
This study quantifies the economic effects of two major immigration reforms aimed at legalizing undocumented individuals that entered the United States as children and completed high school: Deferred Action for Childhood Arrivals (DACA) and the DREAM Act. The former offers only temporary legal status to eligible individuals; the latter provides a track to legal permanent residence. Our analysis is based on a general-equilibrium model that allows for shifts in participation between work, colle...
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Testamental inheritance: Just a legal osmosis?
Directory of Open Access Journals (Sweden)
Đorđević-Crnobrnja Jadranka
2011-01-01
Full Text Available Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.
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Cultural and legal accounts of rape
Directory of Open Access Journals (Sweden)
Fernández Villanueva, Concepción
2008-11-01
Full Text Available The present paper attempts to show how rape is represented in a variety of historical and contemporary discourses. Examples of rapes in Greek mythology, in the Bible, in medieval iconography, in literature, and in scientific theories, are compared and contrasted. Analysis suggests that such discourses tend to make sexual aggression (and specifically the rape of women legitimate, be it by minimizing the harm done; by normalizing and naturalizing sexual violence; or by aesthetisizing rape as art. Finally, the paper argues that putting modern legal accounts of rape into their historical perspective brings into sharper focus the persistence of ancient myths and discourses
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Affirmative Action in Medical Education: A Legal Perspective.
Helms, Lelia B.; Helms, Charles M.
1998-01-01
Describes history of legal theory behind affirmative action, with examples from case law and Department of Education regulations, identifying legal pitfalls in admissions and financial aid, including categorization of students by race, racially disproportionate financial aid awards after accounting for need, racially disproportionate scholarship…
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38 CFR 13.102 - Accountability of legal custodians.
2010-07-01
... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Accountability of legal custodians. 13.102 Section 13.102 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS VETERANS BENEFITS ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.102 Accountability of legal custodians. (a...
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Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...
African Journals Online (AJOL)
21892687
various aspects of legal practice and engage in community service learning ... components, namely clinical duty, classroom teaching and clinician/student tutorial ..... Vawda YA "Learning from Experience: The Art and Science of Clinical Law" ... Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the.
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Coase, externalities, property rights and the legal system
Geerdink, G.C. (Carlie); Stauvermann, P.J.
2010-01-01
In this paper we investigate the possible consequences of different institutional settings (in casu the legal system) on externalities and their effect on the efficient allocation of externalities. We investigate whether the restriction of marginally low transaction costs can be relaxed if the legal
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Discourse Markers s Sentence Openers in Legal English
Directory of Open Access Journals (Sweden)
Onorina Botezat
2010-06-01
Full Text Available Discourse markers can be defined as linguistic expressions of different length which carry pragmatic and propositional meaning, they are used to combine clauses or to connect sentence elements andthey appear in both speech and writing, and facilitate the discourse. Each discourse marker indicates a particular meaning relationship between two or more clauses. English is predominantly the language ofinternational legal practice and its importance to lawyers cannot be over-emphasized. The way in which one uses legal English can therefore be crucial to professional success. This paper stresses the importance of good usage of discourse markers in legal English.
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Solar energy legal bibliography. Final report. [160 references
Energy Technology Data Exchange (ETDEWEB)
Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.
1979-03-01
The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.
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IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER
Directory of Open Access Journals (Sweden)
Elena IFTIME
2016-08-01
Full Text Available In this paper, we intend to discuss a topic of particular importance, given that it addresses the imperatives of international political and legal order, as they appear in the light of current international law. It is an issue of great complexity, of very wide current interest because the international law that establishes and maintains an international legal order is a real energetic factor of organization of international community life. So viewed, the rules of international nature respond to the current acute need of founding the relations in this field and of meeting the common needs of the members of international society. We considered that by comparison with the internal legal order reflecting the health inscribed in this order, the international legal order is influenced by the structuring and training of the mondial community. Therefore we shall insist on the principal model of organizing international life – the state – to be viewed and analyzed in a double perspective: as an internal sovereign authority and as an actor on the scene of international life. In both instances, the state provides the foundation of legal order (domestic or international for that law has always been the expression of the state wish.
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Legal and Institutional Foundations of Adaptive Environmental ...
Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m
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Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study
International Nuclear Information System (INIS)
Ali, A.M.
2013-01-01
This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.
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The role of law as an instrument of communication within legal positivism
Claudiu Ramon D. Butculescu
2015-01-01
This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...
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Customer value in legal services : a contingency approach
Esther Verboon
2014-01-01
Purpose Due to the recent economic crisis, competition has considerably increased in the legal profession in the Netherlands. However, marketing in legal services is mostly in its infancy and value research in this context is scarce. We therefore used a contingency approach in exploring the origin
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Legal Obstacles to Comprehensive EU External Security Action
Blockmans, S.; Spernbauer, M.
2013-01-01
Despite the unification of the EU legal order, the merger of external action objectives and the creation of hybrid coordination structures, the dichotomy between the CFSP and non-CFSP categories of EU external action has been maintained in the Lisbon Treaty. This article considers the legal
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Research Notes -- Openness and Evolvability -- Legal Assessment
2016-08-01
against obsolescence in place?............................... 6 2.1.13 Is compliance with shared infrastructures legally enforceable? ....... 6 2.1.14 Is...bundling acceptance criteria and milestone delivery schedules . This may hide the possibility of unpublished coupling being incorporated between bundled...2.1.12 Is legal protection against obsolescence in place? If the standards used by support tools are not open, determine whether contract or similar
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Legal framework for e-research : realising the potential
2008-01-01
Legal Framework for e-Research: Realising the Potential provides an overview of key legal issues facing e-Research. Part One of this book considers the broader prospect and context of what e-Research will allow. Part Two looks more closely at the role law will play in the e-Research environment. Part Three focuses on the key issues of data exchange and data management highlighting important legal issues. Part Four reflects on the changing nature of Scholarly Communications while Part Five looks at the fundamental role of agreements for collaborative endeavour (contracts) in structuring collaboration and calls for greater consideration of way we can streamline the process. Part Six examines the role and operation of privacy law in an e-Research world while Part Seven posits a new approach to commercialisation that embraces the paradigm of open innovation. Part Eight looks at the international legal implications for e-Research and Part Nine considers the national survey we undertook on e-Research, collaborative...
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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.
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Legal Considerations of Tax Evasion and Tax Avoidance
Dániel Deák
2004-01-01
The study of fiscal non-compliance - in particular, that of tax evasion - is quite extensive in the literature of economics. Lawyers do not show much interest in fiscal anomalies. An exception for this is perhaps tax avoidance which is usually interpreted as the problem of the form and substance. Apart from the modest interest in irregularities in fiscal law, the legal theories of obedience, or disobedience, and coherence have grown significantly, thanks to the precept of William Ross on prim...
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The Long Term Effects of Legalizing Divorce on Children
Gonzalez, Libertad; Viitanen, Tarja
2008-01-01
We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...
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The long term effects of legalizing divorce on children
González Luna, Libertad; Viitanen, Tarja
2008-01-01
We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...
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Whistleblowing: a legal commentary.
Cornock, Marc
2011-10-01
This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.
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Directory of Open Access Journals (Sweden)
Ranti Fauza Mayana
2018-03-01
Full Text Available [Legal Certainty Of Industrial Design Revenue In Indonesia Based On Intellectual Property Approach And Legal Comparison] Protection of Industrial Designs, as well as intellectual property, is based on the ability of human creativity through creativity, taste and intention. According to Article 25 paragraph (1 TRIPs Protected Industrial Design Agreement is a new or original Industrial Design, this provision holds the principle that the novelty of a design is obtained when the design is differ from the previous, the novelty includes novelty and originality, the principal basis for the grant of Industrial Design, whereas this principle is not fully adopted in the provisions of Industrial Design. The Industrial Design Decree in Indonesia only requires novelty without clarifying how to interpret the novelty requirement so that a large number of Industrial Design Rights are obtained based on the Minor Change approach where slight differences in form and configuration have essentially demonstrated novelty. The minor change approach is considered to exclude the aspect of originality and is less able to provide legal certainty to the holder of the registered Industrial Design Rights. This paper aims to explore minor change approach as the basis for the evaluation of the novelty of Industrial Design in the perspective of comparative law in several countries of the world, namely the United States, Japan, the European Union and Australia as a study and reference material in an effort to establish protection of Industrial Design Rights in Indonesia that can provide legal certainty. Keywords: Industrial Design Revenue, Comparative Law.
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20 CFR 401.75 - Rights of parents or legal guardians.
2010-04-01
... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Rights of parents or legal guardians. 401.75... RECORDS AND INFORMATION The Privacy Act § 401.75 Rights of parents or legal guardians. For purposes of this part, a parent or guardian of any minor or the legal guardian of any individual who has been...
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Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015
Gianella, Camila
2017-01-01
Abstract State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization—in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República, between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media’s agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed. PMID:28630547
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Cheung, Alvin
2018-01-01
This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...
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48 CFR 13.004 - Legal effect of quotations.
2010-10-01
... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Legal effect of quotations... CONTRACTING METHODS AND CONTRACT TYPES SIMPLIFIED ACQUISITION PROCEDURES 13.004 Legal effect of quotations. (a) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a...
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Do legal frameworks direct merger outcomes? A study of the legal ...
African Journals Online (AJOL)
This article traces the legal challenges and contestations embedded in five recent cases of higher education mergers in South Africa. I am aware that there are a number of forms of mergers. For the purposes of this article I use the term as one that is descriptive of a policy decision. Where necessary I make a brief distinction ...
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Kritika legal orgins thesis a pojem právní kultury
Czech Academy of Sciences Publication Activity Database
Šejvl, Michal
2013-01-01
Roč. 152, č. 5 (2013), s. 425-446 ISSN 0231-6625 R&D Projects: GA ČR GAP408/12/2579 Institutional support: RVO:68378122 Keywords : legal origins * law and economics * legal culture Subject RIV: AG - Legal Sciences
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Legal aspects of storing CO2. Update and recommendations
Energy Technology Data Exchange (ETDEWEB)
NONE
2007-06-21
CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.
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Criminal-legal prohibitions in the soviet juridical discourse
Directory of Open Access Journals (Sweden)
Andrey V. Skorobogatov
2014-01-01
Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.
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Trappings of technology: casting palliative care nursing as legal relations.
Larsen, Ann-Claire
2012-12-01
Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.
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LEGAL PROTECTION FOR CONSUMER OF UNLICENCED VAPOR FROM DRUG AND FOOD SUPERVISORY AGENCY
Directory of Open Access Journals (Sweden)
Dedhi Bima Samudra
2018-04-01
Full Text Available Abstract This research begins with the number of liquid vapor that is not licensed BPOM spread in Indonesia, and there is no clear law for liquid vapor, so there is no clarity from legal protection against liquid vapor consumers who are not licensed from BPOM. Therefore, in this research, there is the formulation of the problem as follows: Is there a legal protection against liquid vapor consumers who are not licensed from BPOM?. The purpose of this research to determine whether there is legal protection against liquid vapor consumers who are not licensed BPOM. So this research can be useful for subsequent research that has the same theme and beneficial to researchers, liquid vapor consumers and also for the government. The research method used is the normative method. Normative research methods using statute approach. The result of the research shows that there is legal protection for liquid vapor consumer who is not licensed by BPOM, which is reviewed from the Law of the Republic of Indonesia Number 36 Year on concerning the health of Article 113 paragraph (1 and Article 114, Law of the Republic of Indonesia Number 8 Year 1999 on Consumer protection Article 8 paragraph (1 c and paragraph (1 i, Regulation of the Head of the Food and Drug Supervisory Agency of the Republic of Indonesia Number 4 Year 2017 on the Supervision of the Importation of Drugs into the Territory of Indonesia Article 4 paragraph (1. Keywords: Legal Protection, Consumer, Liquid-Vapor
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ELSA for Children Legal Research Report
DEFF Research Database (Denmark)
Ó Cathaoir, Katharina Eva
In order to support the Council of Europe ONE in FIVE Campaign to stop sexual violence against children, to contribute to the protection of children’s rights in Europe and to increase the awareness of law students on the subject, ELSA created a network-wide Legal Research Group (LRG) called ‘ELSA...... for Children’. Throughout 2012, 250 students from 23 countries carried out research on the implementation of European and international instruments protecting children against violence and sexual abuse. The project resulted in a final report compiling national data on the different definitions and legal...
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Case Briefs in Legal English Classes
Directory of Open Access Journals (Sweden)
Bilová Stĕpánka
2016-06-01
Full Text Available A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s, court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.
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Lubbers, M; Jaspers, E.; Ultee, W.C.
2009-01-01
Two years after the legalization of same-sex marriages in the Netherlands, 65% of the Dutch population largely or completely disagrees with the statement “gay marriage should be abolished.” This article shows, by way of multinomial logistic regression analysis of survey data, which socializing agents influence one’s attitude toward same-sex marriage after its legalization (FNB2003; N = 2,124). Parents’ attitudes toward homosexuality during one’s youth strongly affect one’s attitude toward sam...
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Seismic Activity: Public Alert and Warning: Legal Implications
Zocchetti, D.
2007-12-01
As science and technology evolve in ways that increase our ability to inform the public of potentially destructive seismic activity, there are significant legal issues for consideration. Even though countries and even states within the United States have differing legal tenets that could either change or at least re-shape the outcome of specific legal questions that this session will be pondering, there are fundamental legal principals that will permeate. It is often said that the law lags behind society and in particular its technological developments. No doubt in the area of warning the public of impending destructive forces of nature or society, the law will need to do some catching up. The law is probably adequately developed for at least some preliminary discussion of the key issues. No matter the legal scheme, if there is a failure or perceived failure in the system to warn people of a pending emergencies, albeit an earthquake, tsunami, or other predictable event, those who are harmed or believe they are harmed will seek relief under the law. Every day there are situations wherein the failure to warn or to adequately warn is key, such as with faulty or defective consumer products, escaped prisoners, and police high-speed vehicle chases. With alert and warning systems for disaster, however, we have a unique set of facts. Generally, the systems and their failures occur during emergencies or at least during situations under apparently exigent circumstances when the disaster's predictability is widely recognized as less than 100 percent. The law, in particular United States tort law, has been particularly lenient when people and organizations are operating during compressed timeframes and their actions are generally considered necessary to address circumstances relative to public safety. The legal system has been forgiving when the actor that failed or appeared to fail was government. The courts have liberally applied the principal of sovereign immunity to
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Features of legal mechanism environmental responsibility of citizens in Ukraine
Directory of Open Access Journals (Sweden)
О. О. Шинкарьов
2015-05-01
Full Text Available Problem setting. In this article it is examined the main conceptual approaches to understanding the legal arrangement for implementing citizens' environmental obligations. It is noted that despite the diversity of approaches to understanding the arrangement for implementing citizens' environmental responsibilities, most scientists include the concepts of: a a legal implementation arrangement, b the process of practical implementation, c the conditions and factors that influence it. It is defined that the legal arrangement for implementing environmental obligations is guaranteed by prohibitions and legal regulations. In this case the regulatory legal act has two main functions: 1 prescribes the need to implement the legal obligation, determines it; 2 prescribes a result of the legal obligation implementation. Recent research and publications analysis. Particular attention is paid to the work of scientists in environmental law, including VI Andryeytseva, G. Anisimova, GI Baluk, AP Hetman M. Krasnov, II Karakash, V. Kostytsky, VV Nosik, M. Shulga, S. Shemshuchenko and others. However, most of them concerning coverage of only certain aspects, is a comprehensive analysis of the legal implementation mechanism is still lacking. It's analyzed the characteristics of the legal enforcement for implementing environmental responsibilities by citizens. It is determined that the legal arrangement for the implementation of environmental responsibilities is a part of a general arrangement of the law implementation. Ecological and legal arrangement for the implementation of environmental obligations is defined as a system of legal norms and legal relations by which the State provides the accomplishment of ecological and legal regulations. Implementation of the constitutional obligations by the citizens is a process that is inherent in environmental responsibilities, in which there are several stages: 1 the ability to execute the obligations which are
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Organizational and legal mechanism of the environmental protection
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А. П. Гетьман
2014-12-01
Full Text Available Organizational and legal mechanisms of environmental protection are defined by the author of the article as a mechanism of organization and system of activities of state executive power bodies and local self-government bodies in the field of environmental public relations arising in connection with environmental protection and environmental safety provision. The rules of administrative law are its legal basis, alongside with the norms of environmental law. The former designed to reflect the specifics of the subject, objects, subjects and principles of legal regulation of social relations in this area. The latter define common goals, objectives and functions of state public relations management nature.
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Directory of Open Access Journals (Sweden)
Destri Budi Nugraheni
2018-03-01
Full Text Available The objective of this research is to analyze the Fatwa of Dewan Syariah nasional (Syariah National Board concerning Wakalah, Hawalah, and Kafalah so that whether it can be applied in the activities of islamic finance company. This is a juridical normative research and focused on analyzing secondary data, specifically in 2 (two types of Legal material, Primary and Secondary Legal Matrerials. Furthermore, all data will be analyzed and presented descriptevely. This research shows that, regarding Wakalah, the Fatwa about Wakalah and Wakalah bil Ujrah are in conformity with activities by Islamic Finance Company Service. Wakalah was used as Complementary Agreement in Murabahah Financing with Islamic Finance Company as Principal. In the other side, Fatwa concering Wakalah bil Ujrah used when Islamic Finance Company take a position as Grantee. Even though Financial Service Authority’s Regulation specify that service activities may use Hawalah and Kafalah Agreement, but based on this research’s analysis about Fatwa and Fikih, only Hawalah bil Ujrah and Kafalah bil Ujrah that may be used by Islamic Finance Company.
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Directory of Open Access Journals (Sweden)
Nasser Hasan Delgoshamehr
2017-04-01
Full Text Available One of the problems in different countries including Iran is contracts breach and termination of securities contrary to the ethics. If this process is not resolved via trust and negotiation, two parties refer to legal courts and this increases the legal cases and costly operation, legal procedure, different social problems, property loss that are sold by paltry price in the bids and this is not compensated sometimes. This study evaluates promise fulfillment from jurisprudence and legal aspects and its effect is explained in the sustainable development of Islamic community. Also, promise fulfillment shows high level of human character and ignoring this element leads to loss and this is evaluated with a comparative evaluation in this study.
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Artur GRABOWSKI
2016-02-01
Full Text Available This article shows legal order in which German sports (football enterprises exist. Due to the fact that German is the homeland of ordoliberalism and Walter Eucken was its leading representative we compare the principles of this legal order with the current situation in the sector of sports organization. Legal solutions that are applied, encourage the development of both professional football leagues where licensing procedure corresponds to the assumed objectives set out by the League Association. The following research methods were applied: a descriptive, historical and comparison analysis. Literature studies on the law relating to the operation of professional football leagues in Germany and the history of economic thought (in particular ordoliberalism were performed on German sources and legislation.
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Relationship Marketing in Legal Services Marketing Strategy
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...
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Quantifying the impact of legal culture and institution on carbon emissions
Li, Q.; Wang, B.; Yu, C.; Deng, H.; Cai, W.; Wang, C.
2015-12-01
Anthropogenic carbon emissions has been believed to trigger more than half of the global warming over the past half a century. Climate change analysis based on human activities should not neglect the driving force of human society. Different countries or regions have different legal culture traditions and legal systems that can greatly influence regional carbon emissions. This will lead to differences in implementation way and implementation intensity of the law and policies. Without understanding the social and legal background, it is not enough to understand how the climate change rules work and what the effects enforce. Using the panel data of 71 countries from 1996-2010, this study analyzes the effects of macro channels influencing mitigation policies, which contains rules and regulations including value, religion, genealogy of law, public participation, regulatory, government effectiveness, corruption, rule of law, etc. The results show that the interaction between legal variables and economic variables is very important for carbon emissions reduction. The law affects the carbon emissions by adjusting the economic and other related variables, and vice verse, economic and other variables will also impact the level of the rule of law. The study also reveals that developing national economy is most countries' urgent current task, and there are not sound strategies or strong enforcement to guarantee the achievement of the emissions reduction commitment. It is not enough to make justice dominant by cultivating a fair attitude. Practical measures and institutional means for social justice must be promoted. These results will give insight to policy makers in creating feasible and practical climate polices.
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On Legal Pluralism and Ghosts in the Sachsenspiegel and in Gaya
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Bernd Kannowski
2016-01-01
Full Text Available This paper reflects on legal pluralism. How did medieval societies incorporate both unwritten customs and written law at the same time? How did they constitute the process of finding justice? What is the essense of legal pluralism, and will it help us understand the situation of Taiwan’s indigenous population? We aim to solve these problems by taking a closer look at medieval Saxony: for around 400 years, both laws given by the authorities and traditional customs in Saxony worked fine in parallel. The latter were put into writing by the legal practitioner Eike von Repgow around 1230 for reasons unknown. We refer to his collection of laws and customs of the Saxons as the Sachsenspiegel (»Mirror of Saxons«. While Saxons certainly differed from Taiwan’s indigenous population for many reasons, such as the supposedly weaker egalitarianism among the Saxons than among at least some indigenous groups, the two show some remarkable similarities nonetheless. Just like the Taiwanese Gaya, the Sachsenspiegel’s spiritual origin raises the claim to validity. Furthermore, comparing the handling of a person’s sale of inherited property, the legal situations in the Sachsenspiegel and Taiwan’s unwritten customs resemble each other. The heir can transfer only property he acquired personally. Furthermore, the author discusses the different character of courts and procedure under oral law in contrast to written modern law. Finally, the paper concludes with some remarks about a learned commentary on the Sachsenspiegel written around 1325, combined with an outlook on the possible future of Taiwanese customs.
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Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.
2016-01-01
The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…
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American Legal Realism: Research Programme and Policy Impact
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Frans L. Leeuw
2017-12-01
Full Text Available The article addresses two questions:1. Can Legal Realism be seen as a scientific research programme enabling growth of knowledge? To answer that question, the author uses Lakatos’s work on the methodology of scientific research programmes as a frame of reference.2. What has been the role of American Legal Realism during the first part of the 20th century in helping to develop and implement the New Deal policy vis-à-vis its scientific work?After outlining some characteristics of American Legal Realism and Lakatos’s concept, the author studies LR from this perspective and concludes that LR can at the maximum be seen as a research programme of a very rudimentary nature with largely only a focus on procedures/methods. Despite this conclusion, LR has been important in stimulating questions in which social science research and law came together. Next, the professor-realist-relationship that helped President Roosevelt to have his New Deal developed and implemented is also discussed. A downside of this ‘professor-realist-advisor-partnership’ may have been that a LR scientific research programme has not been developed. Given the increased visibility of New Legal Realism, the paper finally stresses the relevance of working with scientific research programmes and the importance of being on the alert when linking research to (legal policies.
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Limited legal status for refugees from Syria in Lebanon
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Dalia Aranki
2014-09-01
Full Text Available Having limited legal status has direct negative consequences for Syrian refugees’ access to protection and assistance during their stay in Lebanon. Limited legal status also increases the risks of abuse and exploitation.