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Sample records for legal advice law

  1. Tobacco industry argues domestic trademark laws and international treaties preclude cigarette health warning labels, despite consistent legal advice that the argument is invalid.

    Science.gov (United States)

    Crosbie, Eric; Glantz, Stanton A

    2014-05-01

    To analyse the tobacco industry's use of international trade agreements to oppose policies to strengthen health warning labels (HWLs). A review of tobacco industry documents, tobacco control legislation and international treaties. During the early 1990s, the tobacco industry became increasingly alarmed about the advancement of HWLs on cigarettes packages. In response, it requested legal opinions from British American Tobacco's law firms in Australia and England, Britain's Department of Trade and Industry and the World Intellectual Property Organisation on the legality of restricting and prohibiting the use of their trademarks, as embodied in cigarette packages. The consistent legal advice, privately submitted to the companies, was that international treaties do not shield trademark owners from government limitations (including prohibition) on the use of their trademarks. Despite receiving this legal advice, the companies publicly argued that requiring large HWLs compromised their trademark rights under international treaties. The companies successfully used these arguments as part of their successful effort to deter Canadian and Australian governments from enacting laws requiring the plan packaging of cigarettes, which helped delay large graphic HWLs, including 'plain' packaging, for over a decade. Governments should not be intimidated by tobacco company threats and unsubstantiated claims, and carefully craft HWL laws to withstand the inevitable tobacco industry lawsuits with the knowledge that the companies' own lawyers as well as authoritative bodies have told the companies that the rights they claim do not exist.

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

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

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

  3. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    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...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory LawLegal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  4. Discharge against medical advice: Ethico-legal implications from an ...

    African Journals Online (AJOL)

    Background. Discharge against medical advice (DAMA) is a problematic issue for physicians worldwide, which can disrupt the physicianpatient relationship, have adverse medical outcomes and increase healthcare costs. This review aims to highlight the ethical and legal aspects of the issue from the perspective of ...

  5. Legal Liability in Environmental Law

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    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  6. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

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    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  7. What Really Drives Advice Seeking Behaviour? Looking Beyond the Subject of Legal Disputes

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    Stian Reimers

    2011-10-01

    Full Text Available When faced with a broad range of justiciable problems, people seek advice for around half of them, and advice from lawyers on around 13% of occasions. Various factors have been found to link to advice seeking behaviour, but it is commonly recognized that problem type ‘swamps’ other factors. This study draws on an Internet survey of 1,031 respondents, aged between 16 and 66, in which respondents were presented with a range of problem scenarios and asked to place them on a severity scale, characterize them (as legal or otherwise and suggest an appropriate source of advice. The study assesses the impact of problem severity and legal characterization on the likelihood of identifying legal advice, advice sector advice or other advice as being appropriate. Even having controlled for problem type, both problem severity and characterization have a highly significant impact on adviser choice. As severity increases, so does the likelihood of suggesting legal advice is appropriate. Where problems are characterized as legal, there is a significant increase in the likelihood of suggesting a lawyer across problem types. However, choice of advice sector advice was relatively unaffected by characterization. The findings move us beyond problem type being the primary explanation of advice seeking behaviour, and are discussed in the context of legal service delivery as well as with reference to Felstiner et al’s model of disputing behaviour.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1934140

  8. 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...

  9. Pak Dusa's law: Thoughts on law, legal knowledge and power

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2005-01-01

    This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally

  10. Climatic change and development of law in 2005. Preliminary advice and report of the 89th general meeting of the Association for Environmental Laws, September 30, 2005

    International Nuclear Information System (INIS)

    Van Angeren, J.R.; Bazelmans, J.M.; Cozijnsen, C.J.H.; Driesprong, A.; Van der Jagt, J.A.E.; Peeters, M.; Verbaan, I.J.; Van Rijswijck, H.F.M.W.; Ramnewash-Oemrawsingh, S.T.; De Kramer, P.T.

    2006-01-01

    The development of laws to control the climate change problem has only just begun. The Netherlands, too, has legal measures for controlling this problem and first jurisprudence has developed. The working group 'Climate change and development of laws', which was set up by the Dutch Society for Environmental Law, has thoroughly examined the legal side of climate change. This resulted in a preliminary advice in which international and European legislative developments, various aspects of emission trading and its international variant are discussed. Moreover, national and international water management in relation to the consequences of climate change are also examined. (mk) [nl

  11. INDIGENOUS PEOPLES’ CUSTOMARY LAW AND LEGAL PLURALISM

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    Melissa Volpato Curi

    2012-12-01

    Full Text Available This paper aims to characterize the common or customary law of indigenous peoples in order to identify the legal pluralism existent in Brazil. Whereas each society presents its own social organization; positive law -- written, codified and founded on the state -- is not the only source of law, neither the safest or fairest manner to sort societies. The orality and the absence of the state in form of entity, which characterize customary law, give dynamism to indigenous societies and sort these communities based on the social body’s inherent rules.

  12. Positive Legal Responsibility in the Family Law

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    Pavel A. Matveev

    2014-03-01

    Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.

  13. Gender mainstreaming in law and legal education

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    Vujadinović Dragica

    2015-01-01

    Full Text Available Political revolutions of the 18th and 19th century engendered an idea of universal equality. However, the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen have not been gender sensitive documents. Women had to struggle for a long time in order to achieve visibility in laws and they did gain an equal right to vote in the USA only 144 years later and in France only 160 years after the issuing of these documents. Contemporary international and national law has greatly advanced from a gender equality point of view. However, gender sensitive legislation and implementation of legal norms has been far from widely accepted. Gender sensitive legal education of (future legislators, lawyers, judges, and prosecutors has thus been of the utmost importance. First, the article offers theoretical clarifications and historical background analysis of a sense and purpose of gender mainstreaming. The achievements in international law and strategic documents concerning gender equality will be taken into consideration in the second chapter. The main focus will be on the meaning of and instruments for gender mainstreaming in legal education in Serbia as well as generally. Paradigmatic examples from judicial practice will also be presented.

  14. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    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…

  15. Labour law and communitarian legal standards

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    Jašarević Senad

    2014-01-01

    Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.

  16. The legal mentality and the succession of the law.

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    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

  17. Legal Personality as a Fundamental Concept of International Law

    NARCIS (Netherlands)

    Brölmann, C.; Nijman, J.

    2017-01-01

    Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper

  18. Managing legal diversity - new challenges for private international law

    NARCIS (Netherlands)

    van Hoek, A.A.H.

    2012-01-01

    In this contribution the author describes how the structural presence of private international law cases in modern society poses new challenges to private international law as a legal discipline. The literature on legal pluralism and multilevel governance is used both to provide a better

  19. EXPORTING LAW OR THE USE OF LEGAL TRANSPLANTS

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    LAURA-CRISTIANA SPATARU-NEGURA

    2012-05-01

    Full Text Available From the general theory of law, we are aware of the migration of legal concepts, practices and institutions. We believe that there are no legal system anywhere in the developed world that has not used legal transplants, that has not borrowed from another country’s laws. This paper intends to explore the concept of “legal transplants”. Why are they used? Where do they come from? Is their assimilation uncomplicated? Why are they rejected in some cases? A transplanted law should be comported with the host state in order to be accepted? Should be discussed the relationship between law and culture when contemplating a study of legal transplants? What forces propel those borrowings? However, this paper does not claim to offer definite answers to the above mentioned questions. Its goal is more modest. In understanding the phenomenon of legal transplants, we underline the fast growing importance of using the comparative research.

  20. Energy law. The legal boundary conditions of power supply. 2. rev. ed.

    International Nuclear Information System (INIS)

    Stuhlmacher, Gerd; Stappert, Holger; Jansen, Guido

    2015-01-01

    Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

  1. 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.

  2. Legal clinic gender sensitive method for law students

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    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.

  3. The internationalization of law and legal education

    CERN Document Server

    Sellers, Mortimer; Sellers, Mortimer

    2013-01-01

    The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

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

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    Yeni Salma Barlinti

    2011-01-01

    Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

  5. International Legal Norms in Macedonia's Domestic Law

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    Blerton SINANI

    2014-11-01

    Full Text Available In the Republic of Macedonia, international treaties ratified in accordance with the Constitution are considered part of the internal legal order and cannot be changed by an act of Parliament. This solution confirms the principle that international treaties have more legal authority than all the other legal acts, with the exception of the Constitution. This article aims to give an insight on the constitutional provisions that regulate the position of international treaties in the Macedonian legal order. It identifies its advantages and shortcomings and offers some solutions that might be taken into account by the lawgiver in the future. The article also analyses the profound impact that the European Convention on Human Rights has exerted on the substantial nature of the catalogue of fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.

  6. Diverse Legal Significance of a Document in Byzantine Private Law

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    Tamara M. Matović

    2017-11-01

    Full Text Available Byzantine, Graeco-Roman, law is the organic continuation of Roman law. However, the legal system itself, and many legal institutions in it, had gone through certain evolution. In this article, by researching Greek acts conserved in various monastic arhives, and confronting them with stipulations in the Byzantine law codes, we question the issues of consensuality of a contract, form of a legal deed, and acquisation of a real right in Byzantine private law. The nature of contracts in Byzantine law has not been sufficiently studied. Richful theoretical studies had been written in regards to the contract of purchase in Roman and Justinians law, however various and sometimes confronting information from the later Greek codes did not give definite answers to this question. Byzantine codices on this theme encompass already familiar stipulations and legal institutes. The attention of the lawgiver was on the notary system, on the mechanism which produced a written instrument. We believe that the issue of the παράδοσις δι̉ ἐγγράφου was not sufficiently highlighted in the field of Byzantine studies mostly due to the lack of information in the sources. However, when regarding the Athonite documents, it can be seen that the formulae describing the act of law transfer could be concidered as a relevant material to comment on this legal institute.

  7. 5½ Problems with Legal Positivism and Tax Law

    OpenAIRE

    Bogenschneider, Bret

    2017-01-01

    This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...

  8. PRISONERS' RIGHTS UNDER THE NIGERIAN LAW: LEGAL ...

    African Journals Online (AJOL)

    RAYAN_

    powers.9 The Nigerian Court of Appeal held per Uwaifo, JCA in the case of Peter Nemi v Attorney ... lawfully committed to custody.15 By this definition, it means any person who is lawfully confined to prison is a ..... sentenced to prison with hard labour, gives a prisoner a measure of relief in case such a prisoner is not fit to ...

  9. A Goddess for semiotics of law and legal discourse

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    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

  10. Legal Portion in Russian Inheritance Law

    Science.gov (United States)

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

    In this paper the authors describe the right to inherit as one of the basic human rights guaranteed by the Constitution of the Russian Federation. The state has set rules according to which after a person's death, his or her property is inherited by other persons. The Russian civil legislation establishes the institution of legal portions that is…

  11. LEGAL SYSTEM IN BRAZILIAN CONSTITUTIONALISM: PERPLEXITIES REFERRING TO CIVIL LAW

    OpenAIRE

    Iribure Júnior, Hamilton da Cunha; Guimarães, Henrique Cassalho

    2017-01-01

    The contemporaneous constitutionalism outlines a new manner to conceive and interpret the legal system, considering the alignment of law with society and society with law in order to emancipate the individual in the factual level. This results in the repercussion of humanization purpose in the Constitution of Federative Republic of Brazil of 1988 in civil law, to the extent of approaching it under a new perspective. However, such relationship involves several aspects which cannot be neglected...

  12. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

  13. Legal Protection Reform for Children Conflicted with Law

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    Emy Rosna Wati

    2014-01-01

    Full Text Available The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014. Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1, 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

  14. Nuclear law and new legal concepts

    International Nuclear Information System (INIS)

    Atias, Ch.; Warusfel, B.; Byk, Ch.

    2003-01-01

    The articles on this topic have been written from three of the papers of the Conference organized on January 14, in Paris by the 'Law and Insurance' Section of the French Nuclear Energy Society together with the French Section of the International Nuclear Law Association. The first two articles deal with transparency, its justifications and limits. The third article analyses the rights of the future generations and our duties towards them. (authors)

  15. CRIMINAL LAW RESPONSIBILITY OF LEGAL ENTITIES IN TURKEY

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    Berrin Akbulut

    2017-12-01

    Full Text Available According to Turkish Law, only natural persons can be counted as perpetrators. Due to their characteristics, legal entities cannot directly commit crimes and cannot be perpetrators. Nevertheless, the criminal liability of the legal entities due to the actions of the persons who act on behalf of legal entities had been a hot topic until the Turkish Penal Code no 5237 came into force. Provisions about the legal entities’ criminal liability in several penal codes other than the abovementioned Turkish Penal Code were another matter of the debates. Further, the Constitutional Court of Turkey held that legal entities’ criminal responsibility was not unconstitutional. In the Code No 5237 that came into force on the 1st of June, 2005; it was explicitly stated that legal entities cannot be imposed with penal sanctions. Since criminal responsibility is personal, the legal entities, which do not have any ability to commit an offence, cannot be punished due to the actions of persons who act on behalf of legal entities. In other respects, according to article 20 of the Turkish Penal Code, security measures can be applied to legal entities whereas penal sanctions cannot be applied. By Turkish Penal Code Art 20, provisions regarding legal entities’ criminal responsibility in other penal codes were repealed. However, it is hard to claim that the debate regarding criminal responsibility of legal entities is over for the doctrine. The security measures to be imposed on legal entities are prescribed in Art 60 of the Turkish Penal Code. Security measures to be imposed within Art 60 are following: Cancellation of permit and confiscation. In this paper, the conditions for legal entities’ security measure responsibility; the debates in this regard and the provisions made will be examined.

  16. Legal significance of environmental protection in foreign investments law

    OpenAIRE

    Divljak Drago

    2013-01-01

    The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field i...

  17. On Making Legal Emergency: Law Office at its Most Expeditious

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    Alexander Kozin

    2007-01-01

    Full Text Available This essay examines manufacture of a legally-relevant symbolic object, "emergency." The examination is carried out in the phenomenological key. For the initial theoretical orientation I take HUSSERL's critique of mathematization of the life-world. Thereby I show that emergency can be conceived of as a temporal mode of constitution. With the help of workplace studies, I export phenomenological insights into a social scientific sphere. From this perspective, legal emergency comes about as a vehicle that assists in minimizing, mechanizing, transforming and reconstituting a life-world original (client's narrative into a law-specific temporal event grounded in legal discourse and its materialities. Thus understood, the law office becomes comparable to a laboratory whose business is epistemic enculturation. In my analysis of the legal emergency as "becoming," I employ data-based materials collected during extensive fieldwork in a law firm in the United States. I conclude by further theorizing social consequences of legal emergency with Gilles DELEUZE, who locates law at the juncture of materials (discourse and forces (actions. URN: urn:nbn:de:0114-fqs0701129

  18. Legally Human? 'Novel Beings' and English Law.

    Science.gov (United States)

    Lawrence, David R; Brazier, Margaret

    2018-04-17

    Novel beings-intelligent, conscious life-forms sapient in the same way or greater than are human beings-are no longer the preserve of science fiction. Through technologies such as artificial general intelligence, synthetic genomics, gene printing, cognitive enhancement, advanced neuroscience, and more, they are becoming ever more likely and by some definitions may already be emerging. Consideration of the nature of intelligent, conscious novel beings such as those that may result from these technologies requires analysis of the concept of the 'reasonable creature in being' in English law, as well as of the right to life as founded in the European Convention on Human Rights and the attempts to endow human status on animals in recent years. Our exploration of these issues leads us to conclude that there is a strong case to recognize such 'novel' beings as entitled to the same fundamental rights to life, freedom from inhumane treatment, and liberty as we are.

  19. CONSIDERATIONS REGARDING THE INFLUENCE OF LEGAL COMMUNICATION FROM THE PERSPECTIVE OF NATURAL LAW

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2016-05-01

    Full Text Available This article addresses the issue of legal communication within natural law. Law has an important role, in relation to civilization and legal culture and one of the means through which law influences both culture and civilization is legal communication. The patterns of legal communication should be analyzed from the perspective of all important schools of legal thought: natural law, legal positivism, historical school of law etc. In this paper, the perception of law, through legal communication, within natural law is discussed and analyzed, from the principles and statements of Aristotle to the writings of St. Bernard of Clairvaux, St. Thomas Aquinas and later to the theories of Hugo Grotius. This study also aims to prove that the difference between legal communication within the major schools of legal thought does not regard the essence of communication or the various principles of law, but merely the perception of law, which varies from one school of thought to another.

  20. Book Scarcity, Law Libraries and the Legal Profession in Nigeria.

    Science.gov (United States)

    Jegede, Oluremi

    1993-01-01

    Focuses on the origins of the reasons for the scarcity of books in law libraries and the legal profession in Nigeria. Publishing books locally with government assistance is advocated as a lasting solution, and cooperation and resource sharing among libraries is encouraged. (Contains 26 references.) (EAM)

  1. The Preimplantation Genetic Diagnosis: Legal Aspects in the Spanish Law

    Directory of Open Access Journals (Sweden)

    Marina Moya González

    2018-03-01

    Full Text Available This paper analyses the preimplantation genetic diagnosis (PGD in Spain, and the legal aspects. It exposes the technical characteristics, as well as the ethical and social consequences. It compares the different rules of law about assisted human reproduction techniques in Spain, and those in some European countries.

  2. The Internet and Ethiopia's IP Law, Internet Governance and Legal ...

    African Journals Online (AJOL)

    KM_Yilma & HH_Abraha

    Media” published in the same issue of this journal. ... education to prepare law students to a legal profession which is increasingly oriented by the Internet. .... of the scope of protection accorded to computer programs. While 'technological- neutrality' is much desirable in a fast-moving field like information technology, there is ...

  3. Legal financial institutions in the Water Law Act

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2015-12-01

    Full Text Available Some fees and payments are connected with obligatory participation in the cost of public projects and public investment. In the framework of the Water Law Act there are diverse public payments and fees. In this law there is the drainage fee and the investment fee. There are also contributions and other payments to the water companies. In the regulations of the Water Law Act there are also legal financial solutions for sharing the public costs, the use of budget subsidies, fixing and allocation of public expenditure.

  4. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

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

  5. Unfair Contract Terms in European Contract Law : Legal consequences for and beyond Swedish Contract Law

    OpenAIRE

    Garrido Huidobro, Mattias

    2014-01-01

    Recent case law from the ECJ on one of the most important EU contract law legislation has left questions open about the compatibility of Swedish con­tract law with the Unfair Contracts Term Directive. The case law on Article 6 (1) in the directive seem to have changed the view on how to deal with the legal consequence of an unfair term in consumer contracts; namely that unfair terms cannot be adjusted but need to be declared invalid. This essay examines how the effects from the ECJ case law p...

  6. A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US Legal Orders

    DEFF Research Database (Denmark)

    Butler, Graham

    2017-01-01

    A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US Legal Orders, edited by E. Fahey and D. Curtin (Cambridge: PB - Cambridge University Press , 2014, ISBN 9781107060517); xviii+332pp., £65.00 hb.......A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US Legal Orders, edited by E. Fahey and D. Curtin (Cambridge: PB - Cambridge University Press , 2014, ISBN 9781107060517); xviii+332pp., £65.00 hb....

  7. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

    Directory of Open Access Journals (Sweden)

    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

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

    Science.gov (United States)

    Holoyda, Brian; Newman, William

    2014-01-01

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

  9. Lost in Implementation: EU Law Application in Albanian Legal System

    Directory of Open Access Journals (Sweden)

    Hajdini Bojana

    2017-06-01

    Full Text Available Considering the growing importance of the researchers in the area of Europeanization in the candidate countries, the purpose of this paper is to analyse whether, and to what extent EU as a legal normative power has influenced Albania to approximate existing and future legislation and to ensure proper implementation. The paper argues that the Europeanization process is pushing Albania toward greater convergence with EU acquis by developing a modern legal framework. However, the paper points out that weak implementation has hampered the application of EU law in Albania due to: a weak bureaucracy or uneven distribution of human capacities; b the lack of an established practice of consultation with interest groups on specific draft legislation, and c the inability to put in sound planning mechanisms and to carry out a realistic assessment. The paper concludes that effective adjustment of Albanian legal system with EU norms requires cooperation between different actors involved in the approximation and implementation process.

  10. The Attorney-Client Relationship as a Business Law-Legal Environment Topic

    Science.gov (United States)

    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…

  11. Legal Deposit in Denmark - the New Law and Electronic Products

    Directory of Open Access Journals (Sweden)

    Henrik Dupont

    1999-04-01

    Full Text Available In 1997 Denmark celebrated the tricententenary of its legal deposit legislation and at the same time created a new law that surpassed the former 1927 text, which was out of date due to technological and political developments. In the first law on legal deposit, maps were not mentioned explicitly and we have no known examples of maps delivered before a revision of the law in 1781, which explicitly stated that maps and prints had to be deposited. It was only after 1850 that it became possible to follow what was deposited exactly. The number of maps deposited before was limited, not even including the first national survey maps. Maps were only produced in a limited number and the annual deposit did not exceed 600. We assume that all in all some 40,000 maps have been delivered to the collections by legal deposit. Each year since the Second World War the maps have been listed in the annual „Dansk Kortfortegnelse” and since 1980 all new maps have been catalogued in the REX database of the Royal Library.

  12. International Humanitarian Law: The legal framework for humanitarian forensic action.

    Science.gov (United States)

    Gaggioli, Gloria

    2018-01-01

    In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts. It contains a number of clear and concrete obligations incumbent to belligerent parties on the management of dead bodies, which provide the legal framework for humanitarian forensic action. The purpose of this article is to present, in a simple and concise manner, these rules with a view to extrapolate some key legal principles, such as the obligation to respect the dignity of the dead or the right to know the fate of relatives, which shall guide anyone dealing with human remains. Copyright © 2017 Elsevier B.V. All rights reserved.

  13. Applications of neuroscience in criminal law: legal and methodological issues.

    Science.gov (United States)

    Meixner, John B

    2015-01-01

    The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

  14. From Law to Paradise: Confessional Catholicism and Legal Scholarship

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2011-01-01

    Full Text Available This paper is a prolegomenon to further study of the intensified relationship between law and moral theology in early modern times. In a period characterized by a growing anxiety for the salvation of the soul (»Confessional Catholicism«, a vast literature for confessors, which became increasingly juridical in nature, saw the light between roughly 1550 and 1650. By focussing on some of the most important Jesuit canonists and moral theologians, this article first seeks to explain why jurisprudence became regarded as an indispensable tool to solve moral problems. While Romano-canon law showed its merits as an instrument of precision to come to grips with concrete qualms of conscience, with the passing of time it also became studied for its own sake. The second part of this paper, therefore, illustrates how the legal tradition, particularly with regard to the law of obligations, was reshaped in the treatises of the moral theologians.

  15. The Legal protection of cultural heritage in international law and its implementation in Dutch law

    NARCIS (Netherlands)

    Belder, L.P.C.

    2013-01-01

    This study provides an overview of the main developments in the legal pro­tection of cultural heritage in international law since the 1960s. This includes a discussion of the cultural rights which are reflected in the protection of cultural heritage, and more in particular in the protection of the

  16. Legal relevance of the purpose of contract in German law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2013-01-01

    Full Text Available Unlike the French Civil code, the German Civil code belongs to the group of so-called anti-causalistic codifications, since it explicitly does not govern the issue of purpose (cause of contract. Due to this very reason, the delineation between abstract and causal juridical acts gains special importance in German law. The German Civil Code governs a number of juridical acts and other acts of legal importance that are abstract in their nature. Among them the abstract nature of the promise to fulfill an obligation (Schuldversprechung and the acknowledgement of a debt (Schuldannerkennung is traditionally considered the most prominent. However, the relation to the purpose for which they are concluded is not entirely interrupted, since in the case of frustration of their purpose, any asset given to the other party is subject to restitution under the rules of unjustified enrichment. The fact that the issue of purpose of contract is not explicitly governed in the German Civil Code, does not lead to the conclusion, though, that it is legally irrelevant. It gains legal relevance in two different aspects: as a licit and as an illicit purpose. On the one hand, juridical acts concluded with the aim to achieve illicit purposes are considered void, for which the Code's sections on the general confines of the principle of freedom of contract serve the statutory basis - such juridical acts infringe the institution of 'good customs' (gute Sitten, usually referred to as public policy, while the performance of other factual or legal acts in order to achieve illicit purposes are sanctioned under the rules of unjustified enrichment. On the other hand, lawful purposes of the parties gain legal relevance in relation to a range of various institutions. Concerning some of them the Code itself contains formulations implying the necessity to ascertain the purpose of contract, while in other cases the case law and the doctrine have come to such conclusion. The determination

  17. Legal Transplants: A conflict of statutory law and customary Law in Papua New Guinea

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    Glen Mola Pumuye

    2017-09-01

    Full Text Available The state of Papua New Guinea adopted the common law system of government in 1975 during independence. The genesis of most if not all its legislation can be traced back to the United Kingdom, Australia, New Zealand and other commonwealth countries. The tendency for legal transplants of legislative texts from these common law jurisdictions to sections of Papua New Guinean laws has been a constant reoccurrence. With huge texts of laws transplanted it begs the question whether these laws are coherent with existing laws and appropriate for Papua New Guinea. This paper analyses the existing Mining Act 1992 and Oil and Gas Act 1998 vesting ownership of minerals and petroleum in the State although these resources are located on customary land. I will use the said acts to establish the hypothesis that, in the rush to transplant legislation from Australia, this transplanted provision fails the functionality test and is not effective in Papua New Guinea. I will also try and point out the effects and solutions to redress this situation.Keywords: Customary law, alienated land, legal transplants, functionality test

  18. Law Schools and the Continuing Growth of the Legal Profesion

    Directory of Open Access Journals (Sweden)

    Herbert Kritzer

    2013-07-01

    Full Text Available In most countries for which data are available, the size of the legal profession has continued to grow over the last 40 plus years. This continued growth reflects the perceived attractiveness of a career as a legal professional (i.e., the demand and the incentives of the institutions that provide legal education, and hence serve as primary gatekeepers, to maintain or increase the number of students they enroll. In some countries, perhaps most prominently the United States, structural changes in the opportunities for careers in the legal profession are likely to put pressure on law schools that could result in changes in the supply of opportunities to obtain the legal education required to become a lawyer. En la mayoría de los países de los que se dispone de datos, el número de abogados no ha dejado de crecer desde hace más de 40 años. Este crecimiento constante, refleja el atractivo que se percibe en una profesión como la abogacía (esto es, la demanda, y los incentivos de las instituciones que imparten estos estudios, y constituyen la primera barrera para mantener o aumentar el número de estudiantes que aceptan. En algunos países, tal vez de forma más destacada en Estados Unidos, es probable que los cambios estructurales en las oportunidades de trabajar como abogado obliguen a las facultades de derecho a modificar la oferta para acceder a la carrera de derecho.

  19. Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

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    Silvia Lucia CRISTEA

    2015-06-01

    Full Text Available This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2, in the area of the right to initiate the foreclosure (Section 2.3, and in that of the right to ask for compensation and restitution (Section 2.7. The comparison between the legal regime of the extinctive prescription in civil law and its regulation given by the fiscal law it is stated by the last section, structured into similarities and differences.

  20. The relationship dynamics between legal positivism and the divisions of law, analyzed from a systemic perspective

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2016-12-01

    Full Text Available This article is studying the dynamics of the relationship between legal positivism and the two divisions of law, respectively private law and public law. Legal positivism, envisions concepts of human intervention in the creation and application of the law, and so it finds application in both public law and private law. However, in private law, there are several principles which can be deduced from the doctrine of natural law, such as substitution, reversibility and others. To the contrary, in public law, legal positivism is all present, manifesting itself in all its branches. It is not, however, an exclusive presence, because there is a balance between natural law and legal positivism in each of the divisions of law. The two orientations of law, namely natural law and legal positivism coexist in each of the divisions and branches of the law, but with a different structure, dynamic or static, depending on specific branches of law. This paper presents in an analytical manner, the static and dynamic manifestations of legal positivism within the framework of the two divisions of law, namely private law and public law.

  1. The World Bank Legal Review : Law, Equity, and Development, Volume 2

    OpenAIRE

    World Bank

    2006-01-01

    The World Bank legal review: law, equity, and development, volume two, is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of law and the improvement ...

  2. CONTEMPORARY ISSUES OF LEGAL PERSONALITY IN INTERNATIONAL LAW. FACTUAL AND NORMATIVE PROBLEMS

    OpenAIRE

    MATEJ SAVIĆ

    2016-01-01

    In this paper, the author deals with current theoretical issues of international legal personality. Special attention is paid to the growing conflict between the factual and normative dimensions of general legal capacity of subjects of international law. Contemporary trends and respective theoretical concepts are analyzed, especially regarding actual processes and challenges that are imposed in the definition of legal personality in international law.

  3. Addressing law and agroecosystems, sovereignty and sustainability from a legal pluralistic perspective

    NARCIS (Netherlands)

    Hospes, O.

    2015-01-01

    This paper wants to contribute to the debate on the complex relationships between law and agroecosystems from a legal pluralistic perspective. For this purpose, it first explains what is legal pluralism, and then this notion is used to conceptualize law, the relationship between law and social

  4. Legal provisions governing technical installations, especially regulations of the Building Law, Trade-and-Industry Law, and Atomic Energy Law

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

    The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de

  5. A Transdisciplinary Approach to Public Health Law: The Emerging Practice of Legal Epidemiology.

    Science.gov (United States)

    Burris, Scott; Ashe, Marice; Levin, Donna; Penn, Matthew; Larkin, Michelle

    2016-01-01

    Public health law has roots in both law and science. For more than a century, lawyers have helped develop and implement health laws; over the past 50 years, scientific evaluation of the health effects of laws and legal practices has achieved high levels of rigor and influence. We describe an emerging model of public health law that unites these two traditions. This transdisciplinary model adds scientific practices to the lawyerly functions of normative and doctrinal research, counseling, and representation. These practices include policy surveillance and empirical public health law research on the efficacy of legal interventions and the impact of laws and legal practices on health and health system operation. A transdisciplinary model of public health law, melding its legal and scientific facets, can help break down enduring cultural, disciplinary, and resource barriers that have prevented the full recognition and optimal role of law in public health.

  6. Led Up the Tribunal Path? Employment Disputes, Legal Consciousness and Trust in the Protection of Law

    Directory of Open Access Journals (Sweden)

    Eleanor Joanne Kirk

    2017-12-01

    Full Text Available This article explores legal consciousness through a consideration of the trust that workers extend to employment law to protect them, and how they react when their expectations are frustrated, tracing evolving legal dispositions and reflections upon the boundaries of legality. Clients of Citizens Advice Bureaux were case-tracked as they attempted to resolve work-related disputes. Generally participants trusted employment law to be there for them, rarely anticipating the limits and conditionality of various rights, or the considerable difficulties that can accompany their enforcement. Frustrated expectations were met with varying degrees of acceptance and fatalism, with the redirection of grievances towards collectivised dissent or activism being exceptionally rare. People tend to engage with employment law in ways that legitimate institutions and reaffirm a system that, for a variety of reasons, offers weak protection and enforcement. Este artículo explora la conciencia jurídica, y, para ello, toma en consideración la confianza que depositan los trabajadores en que la legislación laboral los proteja, y cómo reaccionan cuando sus expectativas se ven frustradas, rastreando las disposiciones legales en desarrollo y sus reflejos sobre los límites de la legalidad. Se siguieron los casos de algunos clientes de las Oficinas de Asesoramiento a los Ciudadanos que intentaban solucionar conflictos laborales. En general, los participantes confiaban en que la ley del trabajo los protegiera, y rara vez preveían las limitaciones y condicionamientos de diversos derechos o las dificultades de su cumplimiento. Las expectativas frustradas generaban diversos grados de aceptación y fatalismo; la canalización de las quejas hacia la disensión colectiva o el activismo se daba de forma excepcionalmente rara. La gente tiende a comprometerse con la legislación laboral en formas que legitiman a las instituciones y que reafirman un sistema débil para ofrecer

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

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

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

  8. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  9. Emergencies and criminal law in Kant’s legal philosophy.

    Directory of Open Access Journals (Sweden)

    Thomas Mertens

    2017-12-01

    Full Text Available Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case.

  10. 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.

  11. Grasping Legal Time : A Legal and Philosophical Analysis of the Role of Time in European Migration Law.

    NARCIS (Netherlands)

    Stronks, Martijn

    2017-01-01

    This book is about time, law and migrants. It consists of a legal and philosophical scrutiny into the question: why do migrants receive stronger rights over the course of time in European migration law? That migrants receive stronger rights over time is easily proven, much more difficult is the

  12. Legal Nature and Functions of Referendum in Constitutional Law Theory

    Science.gov (United States)

    Kucherenko, Petr A.; Sangadzhiev, Badma.V.; Velibekov, Murad C.

    2016-01-01

    The relevance of the study of the legal nature and functions of the referendum is conditioned by the increasing dynamics of development of direct democracy in the developed countries and the needs to legalize it in constitutional and legal norms to ensure stability in society. The purpose of this paper is to define the legal nature of the…

  13. Facing the Challenge of Improving the Legal Writing Skills of Educationally Disadvantaged Law Students in a South African Law School

    Directory of Open Access Journals (Sweden)

    Angela Diane Crocker

    2018-01-01

    Full Text Available Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of four years, in order to address this urgent need for legal writing instruction, the School of Law introduced two successive legal writing interventions. The first intervention was the Concise Writing Programme, followed by the Integrated Skills in Context Programme. The Concise Writing Programme focused on English writing skills and grammar in the hope that first-year law students would be able to transfer these generic writing skills to the more specific legal discourse within which they were learning to operate. The Law School reviewed the success of this initial programme and found that students who took part in the programme not only lacked the motivation to learn generic English writing skills, but that they also did not find it easy to transfer these skills to the more specific legal writing environment. The Law School then implemented a second legal writing intervention – The Integrated Skills in Context Programme. This programme acknowledged the fact that legal writing has a multi-faceted nature, encompassing legal analysis and application, as well as logical sequencing and argument, all of which could not be taught in a vacuum, particularly when most of the student base was largely unfamiliar with any form of legal discourse and many had English as a second language. This paper recognises that there is no silver bullet to improving the legal writing skills of these students. The reality is that it will take hard work as well as financial incentives to make a difference to these students' legal writing skills. Our students need intensive one-on-one attention by qualified academics, and this means that those doing the instruction must be recognised and adequately compensated.

  14. Energy law. The legal boundary conditions of power supply. 2. rev. ed.; Grundriss zum Energierecht. Der rechtliche Rahmen fuer die Energiewirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Stuhlmacher, Gerd [E.ON Global Commodities SE, Duesseldorf (Germany); Stappert, Holger; Jansen, Guido (eds.) [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany); Schoon, Heike [BDEW Bundesverband der Energie- und Wasserwirtschaft e.V., Berlin (Germany)

    2015-11-01

    Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

  15. 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.

  16. Reneging: A Topic to Promote Engaging Discussions about Law and Ethics in a Business Law or Legal Environment Course

    Science.gov (United States)

    Murphy, Tonia Hap

    2009-01-01

    This article is intended for business law and legal environment instructors who want to help students understand how they might react when presented with an ethical conflict, no matter how big or how small. The article discusses not only the compelling ethical issues that may arise in reneging cases, but also legal issues. The article provides…

  17. Law and Islamic finance: How legal origins affect Islamic finance development?

    Directory of Open Access Journals (Sweden)

    Rihab Grassa

    2014-09-01

    Full Text Available Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.

  18. Broadening the Legal Academy, the Study of Customary Law: The ...

    African Journals Online (AJOL)

    MJM Venter

    2017-10-26

    Oct 26, 2017 ... law, and discusses why more social-scientific and anthropological approaches are crucial for ... Customary law; disputes; law in everyday life; social-scientific / anthropological perspectives; local law; .... Handbook of Tswana Law and Custom that was published in 1938. While this provided a very useful ...

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

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bojan Tičar

    2012-12-01

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

  20. Centre-periphery tensions in legal theory and practice: can law and lawyers resist urban imperialism?

    Directory of Open Access Journals (Sweden)

    Kim Economides

    2012-12-01

    Full Text Available This paper questions some basic assumptions of legal theory, education and practice from the perspective of rural, remote and regional (RRR legal communities beyond the metropolis. Legal ideologies and values fundamental to the legitimacy of the modern state, such as the Rule of Law, are embedded in most law curricula and reinforced at every stage of the educational continuum, and commonly assert that law, legal rights and access to courts of law apply equally regardless of physical location or social status. Despite this, indigenous and other excluded groups living in peripheral communities frequently experience law differently from their urban counterparts, as do legal professionals living and working outside the city. The key issue examined concerns how centre-periphery tension should best be managed in the future regulation of law and lawyers. What kind of policies and strategies may genuinely assist social inclusion and to what extent should law and legal practice accommodate diversity? How and to what extent should lawyers and para-legals represent the interests of communities rather than private individuals in RRR areas of Australia? What kind of training and technological support do they require? The paper aims to set out some choices that confront policymakers while drawing upon international experience that may offer some guidance.

  1. Criminal Protection Of The Criminal Legal Proceedings Lawful Procedure

    Directory of Open Access Journals (Sweden)

    Elena V. Selina

    2014-09-01

    Full Text Available In the present article the problem of criminal code provisions on crimes against justice and changes which happened in the procedure of justice for criminal cases implementation since the beginning of judicial reform discrepancy is researched. In spite of the fact that in the considered segment the last changes were made rather recently (Federal Law of December 28, 2013 No. 432-FZ, in general this sphere of regulation is not complete. Due to the corpus delicti "Attraction of the obviously innocent to criminal liability" the concept of criminal prosecution is analyzed. In regard to this author characterize that only court can make a decision that person is guilty for the crime. The concept of legal responsibility as a need to undergo deprivations or at least condemnation for made (if authentically established offense corresponds to it. Author outlines that it is only possible to release one from of responsibility only if one is subject to responsibility. Today it is possible to included cases when consent of the person with the termination of criminal case and prosecution exists. It is proven that in the meaning of the article 299 of the Criminal Code of the Russian Federation criminal prosecution is told as attraction for being accused. But other forms of criminal prosecution are not considered in full. Author analyze contradictions between the title and disposition of the article 307 of the Criminal Code of the Russian Federation concerning punishability for criminal acts: title covers the conclusion and disposition – only indications. Elimination of this contradiction lies in the plane of the criminal procedure form of obtaining conclusion and indications development and gnoseological nature of the new type of proofs study.

  2. Law in Translation: Challenges and Opportunities in Teaching International Students in Business Law and Legal Environment Courses

    Science.gov (United States)

    Dove, Laura R.; Bryant, Natalie P.

    2016-01-01

    The purpose of this article is to outline the unique challenges faced by international students enrolled in business law or legal environment of business courses. It is also imperative to recognize the numerous opportunities that instructors can create in business law classrooms that will enhance the experience of all students given the…

  3. The Legal and Law Enforcement Professional: Ideas for Involvement.

    Science.gov (United States)

    Drake Univ., Des Moines, IA. Iowa Center for Law-Related Education.

    Designed as a guide for law professionals involved in school guest presentations, the materials in this handbook are also useful to elementary and secondary teachers interested in incorporating law-related education into the course content. Part 1 defines law-related education and offers suggestions for introducing law-related issues at different…

  4. RTI Confusion in the Case Law and the Legal Commentary

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

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

  5. Law Policy Implementation as the Determinant of the Legal Development of Society

    Directory of Open Access Journals (Sweden)

    Bakardzhiev Ya. V.

    2015-04-01

    Full Text Available The article focuses on the forms and mechanism of implementation of law policy, aspects of its interaction with different legal and social factors and determinants specifying its formation and enforcement.

  6. A law and economics approach to cost shifting, fee arrangements and legal expense insurance

    NARCIS (Netherlands)

    L.T. Visscher (Louis); T. Schepens (Tom)

    2010-01-01

    textabstractIntroduction. In this chapter, we will provide an overview of the economic literature regarding cost shifting, fee arrangements and legal expense insurance. In the economic analysis of law, legal rules are regarded as instruments which can provide actors with behavioural incentives. In

  7. California Western Law School's First-Year Course in Legal Skills.

    Science.gov (United States)

    Gross, Peter W.

    1980-01-01

    Design and content of a legal writing program are outlined: premises on which the curriculum is based, program overview, first semester skill elements, law office memorandum preparation, appellate advocacy, grading, legal skills notebook, student instructors. Available from Union University, 80 Scotland Ave., Albany, NY 12208; $2.50, entire issue.…

  8. Documentary Letters of Credit, Legal Nature and Sources of Law

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

    Full Text Available There is no doubt about risky nature of international trade. Such risk can be conceptualized as country risk, transportation risk, customer risk and etc. Documentary Letters of Credit (LC are used as a method of payment in international business for many centuries in order to reduce risk of trade specially when parties are located in different countries and do not have precise information from financial standing of each other. In such occasion LC will reduce the risk of trade by shifting payment obligation from buyer as an individual to a payment guarantee of a bank as a legal entity in return for presentation of complying documents with terms of credit by seller. Familiarity with legal nature and different legal frameworks which govern the international operation of documentary letters of credit can facilitate the process of international trade for businessmen and boost national economies. However, lack of knowledge about them can impose huge losses on international traders. Situation will be more complicated when we understand that there are many internationally recognized legal frameworks which can affect the operation of LC and they get frequently updated in order to address technological and economic developments in global market. In this paper, author tries to answer questions regarding (i what are international legal frameworks governing operation of documentary letters of credit? (ii which areas of LC operation has been covered by them and (iii how do they address the legal questions regarding international operation of documentary letters of credit?

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

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

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

  10. Star laws: legal controls on armed conflict in outer space

    International Nuclear Information System (INIS)

    Stephens, Dale

    2016-01-01

    An undeclared military space race is unfolding yet there is no clear understanding of how international las operates in the field of armed conflict in outer space. In conjunction with McGill University Law School, Montreal, Canada, a 'Manual on international law applicable to military uses of outer space' has been drafted. This article looks at types of space weapons, previous space treaties and discusses humanitarian law.

  11. 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.

  12. Legal Ethics, Rules of Conduct and the Moral Compass – Considerations from a Law Student's Perspective

    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.

  13. Indonesian law and reality in the Delta : a socio-legal inquiry into laws, local bureaucrats and natural resources management in the Mahakam Delta, East Kalimantan

    NARCIS (Netherlands)

    Simarmata, Rikardo

    2012-01-01

    This book provides a socio-legal inquiry into the legal and administrative management of the natural resources of the Mahakam Delta, East Kalimantan, Indonesia. This book argues that due to a combination of complex legal and non-legal factors, laws and regulations on natural resources management of

  14. Law and Management of a Counseling Agency or Private Practice. The ACA Legal Series. Volume 3.

    Science.gov (United States)

    Bullis, Ronald K.

    This monograph addresses laws that govern the business and management of mental health practices. The preface warns that this book only raises legal issues, concentrates on federal law, and does not exhaust the issues and information on any topic. A glossary of terms such as "burden of proof,""fiduciary,""negligence," and "torts" is presented.…

  15. A European legal method? On European private law and scientific method

    NARCIS (Netherlands)

    Hesselink, M.

    2009-01-01

    This article examines the relationship between European private law and scientific method. It argues that a European legal method is a good idea. Not primarily because it will make European private law scholarship look more scientific, but because a debate on the method of a normative science

  16. A contract-law perspective on legal cases in financial reporting: the Netherlands, 1880-1970

    NARCIS (Netherlands)

    Camfferman, C.

    2012-01-01

    This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which

  17. Legal aspects of search and mining of nuclear ores under Brazilian law

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1980-06-01

    The legal aspects of mining in the Brazilian law its general principles, the basic concepts and rules established in the constitution of Brazil, in the mining code and in special laws are analysed. The rules for mining and usage of nuclear ores and other ores of interest to the nuclear field are emphasized. (A.L.) [pt

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

    Directory of Open Access Journals (Sweden)

    Elena Isac

    2010-09-01

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

  19. Moral Responsibility and Legal Liability, or, Ethics Drives the Law

    Science.gov (United States)

    McGowan, Richard J.; Buttrick, Hilary G.

    2015-01-01

    As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to…

  20. [Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

    Science.gov (United States)

    Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

    2016-04-01

    Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.

  1. Intersections between Law and Language: Disciplinary Concepts in Second Language Legal Literacy

    Directory of Open Access Journals (Sweden)

    Hartig Alissa J.

    2016-06-01

    Full Text Available International mobility among graduate students of law presents unique challenges for the teaching and learning of Legal English. Master of Laws (LL.M. students, for example, often bring both prior legal training and professional experience from their home jurisdiction to their graduate studies abroad. Taking a closer look at the experience of these students as they engage with genres associated with another legal system provides insight into broader issues of intersections between language and content in English for Legal Purposes. This article draws on case studies of four LL.M students from China and Saudi Arabia, a civil law jurisdiction and an Islamic law jurisdiction, respectively, as they learn to read and write common law genres in the United States. Considering students’ experiences with these texts, the article outlines a potential framework for understanding the role of disciplinary concepts in second language legal literacy development. Specifically, the article elaborates a tentative taxonomy for disciplinary concepts that distinguishes between discourse-relevant concepts and discourse-structuring concepts in considering the interaction between language and content in ESP and CLIL for law.

  2. The abolition of 'the person' as a legal category in nazi philosophy of law

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    2007-01-01

    The abolition of 'the person' as a legal category in Nazi philosophy of law - the career of Karl Larenz as an episode in the history of civil identity (Abstract) This paper discusses 'civil identity' as an aspect of the philosophy of the person. It presents an episode in the development of legal...... philosophy, the work of philosopher and professor of law, Karl Larenz (1903-1993), during the Nazi regime in Germany (1933-1945). Larenz and others strove to reform private law (Zivilrecht or bürgeriches Recht) in conformity with National Socialism. Central to that - racist, to be sure - project...

  3. Supporting transition to law school and student well-being: The role of professional legal identity

    Directory of Open Access Journals (Sweden)

    Rachael Field

    2013-08-01

    Full Text Available The empirically established decline in law student well-being during the first year of law school is a red-flagged imprimatur for first year curriculum change. This article suggests that by engaging law students with the concept of a positive professional identity, student engagement and intrinsic motivation will increase because they are working towards a career goal that has meaning and purpose. Law school is a time of professional transformation and the legal academy can take steps to ensure that this transformation is inculcated with positive messages. Literature from the fields of law and psychology is analysed in this article, to explain how a positive conception of the legal profession (and a student’s future role within it can increase a student’s psychological well-being – at law school and beyond.

  4. Civil Law Legal Assistance; Lawyer’s Study Guide

    Science.gov (United States)

    1998-05-01

    marital or cohabitation domicile. Sexual relations leading to conception. Maintenance of matrimonial domicile within the state. Possible "in rem...satisfied, superseded, materially amended or set aside. The member may raise that there is a legal impediment to the establishment of an involuntary

  5. Legal aspects of nuclear law in Colombia and Latin America

    International Nuclear Information System (INIS)

    Mora M, M.; Pinzon A, J.

    1984-01-01

    I this thesis area studied the legal aspects of atomic energy, both nationally and internationally; furthermore its made a historical tour of the use of atomic energy in topic as medicine, industry, atomic energy generation and environmental aspects related of energy atomic, and name some institutes that can work in Colombia in this aspects

  6. Legal Positivist Theory Versus Historicist and Cultural philosophy of law

    DEFF Research Database (Denmark)

    Jarvad, Ib Martin

    2007-01-01

    Presentation and analysis of the particular Danish tradition of interpretation of statute law by motives from the legislative process and the background in the particular Danish doctrine of democracy af expounded by Alf Ross and Hal Koch.......Presentation and analysis of the particular Danish tradition of interpretation of statute law by motives from the legislative process and the background in the particular Danish doctrine of democracy af expounded by Alf Ross and Hal Koch....

  7. THE TRUST UNDER ROMANIAN LAW. FORM OF PATRIMONY SPLIT FOR NATURAL AND LEGAL PERSONS

    Directory of Open Access Journals (Sweden)

    Daniel Moreanu

    2015-11-01

    Full Text Available The trust represents, according to the father of English modern legal history, Frederic William Maitland, „the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence”. Its special flexibility, has transformed the trust, initially linked with the common law systems, into a legal instrument adopted and integrated, specifically during the last few years, under civil law systems with which, previously, it has been deemed to be incompatible. The objective of this study is to review to which extent the trust is present and/or may be integrated under Romanian law, considering the modernist split patrimony theory introduced by the Romanian legislation under the Civil Code, as of its October 1st, 2011, its entry into force date. The research methods that we envisage using are the following: the comparative analysis, through which we aim at reflecting the legal existence of the trust under various legal systems, specifically the common law systems, and the economic analysis within which we propose to describe the economic reasons for which the trust is so widely used in the international business arena. We assess that the importance of this study is considerably greater in the international environment of the sole European and world wide market under which the existence of legal instruments (such as the trust accessible to certain persons (natural, but more specifically legal persons and out of reach to others, confers the former with a major competitive advantage.

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

    Directory of Open Access Journals (Sweden)

    Prica Miloš

    2014-01-01

    Full Text Available The idea of sustainable development has developed within the triangular framework of economic, social and environmental policy. It has been the result of man's endeavor in the course of development of mankind to harmonize the relations between economy and ecology for the purpose of satisfying the present needs but without endangering the prospects of future generations to satisfy their own needs. The principle of sustainable development has been present in the international legislation for the past 40 years. The antagonism between economy and ecology has never ceased. Quite the reverse, at the beginning of the 21st century, mankind has encountered the dramatic effects of the rampant global politics and the unpromising prospects of man's subsistence and development. The reason is certainly to be found in the fact that the environment protection policy does not have an adequate legal framework, which is not a matter of legal technique but a matter of substance in global politics. Consequently, this discussion on the legal nature of sustainable development takes us from technique to substance. First, the author analyzes the international legislation and judicature on the issues of sustainable development; thereupon, the author concludes that the principle of sustainable development has not obtained the rank and the outreach of a legal principle (source of law in the international law, which ultimately makes the very existence of environmental law highly disputable. If sustainable development as a fundamental principle (supra-principle does not have the power of a binding principle, the existing international legal sources concerning certain aspects of the living environment are nothing but arable land covered by sand. Actually, the significant feature of the existing international sources on sustainable development is 'the legal ideology' which, being an instrument of environmental policy rather than an instrument of environmental law, actually

  9. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  10. The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

    Directory of Open Access Journals (Sweden)

    Antonio Fuccillo

    2017-09-01

    Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

  11. Abstract legal effect of juridical acts in European and Serbian law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2012-01-01

    Full Text Available In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France. He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte, regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too

  12. Legal responsibility and the labor law application of managers in the Municipality of Gjilani businesses

    Directory of Open Access Journals (Sweden)

    Zymer Tafaj

    2015-03-01

    Full Text Available This paper explores the behavior of managers who lead businesses in the Gjilani municipality and their legal responsibility during their activities based on law. It consists of two phases. In the first phase we analyze the international literature that deals with this topic in a systematic interpretation. While in the second phase we analyze data’s collected from the field. In the second phase we have interviewed 15 managers, that have implied their perceptions about legal responsibility and on the other hand we have also interviewed 15 employees analyzing their legal responsibility. Among the most interesting findings in this paper, is that the managers of Gjilani municipality are aware about the legal responsibility theoretically, while most of them do not fulfill the obligations, by placing their interests in first place, with the aim of achieving more revenues by breaking the law.

  13. Prisoners' rights under the Nigerian law: legal pathways to ...

    African Journals Online (AJOL)

    Some rights are denied the prisoners by the prison administrators and, by extension, the State by lack of will to promote enabling environment and treatment to the prisoners. It is against this backdrop that this article appraises prisoners' rights that are to be respected, protected and fulfilled under the law, at national, regional ...

  14. Emerging legal concepts at the nexus of law, technology and society: a case study in identity

    OpenAIRE

    Downey, Laura J.

    2017-01-01

    The aim of this thesis is to investigate and further the understanding of the interaction between law, technology and society. My original contribution to this understanding lies in an account and analysis of the process of emergence (or potential emergence) of new legal concepts and of how new and developing technologies and social responses influence that process. Specifically, the work focuses on identity, which I argue is a currently emerging legal concept, and the ways in ...

  15. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    OpenAIRE

    Prahassacitta, Vidya

    2017-01-01

    Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues...

  16. Kant Between Jusnaturalism and Legal Positivism: The Grouding and the Structure of Law

    Directory of Open Access Journals (Sweden)

    Gustavo da Encarnação Galvão França

    2016-06-01

    Full Text Available This work outlines Immanuel Kant's (1724-1804 philosophy of law, discussing its framing within jusnaturalism or legal positivism. Hence, it analyzes the contrast between the grouding of law in Kant, strongly marked by the idea of freedom as legitimizing the state and the legal order, and its structure, characterized by formalism, by logical rigor, by the exaggerated importance of enforcement and by the remaining of the validity of the order even when it goes against the idea of justice that sustains it (denial of right of resistance.

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

    OpenAIRE

    Kim, Na-Kyoung

    2017-01-01

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

  18. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference

    OpenAIRE

    MÖSLEIN, Florian

    2009-01-01

    The Europeanization of contract law has continuously developed over the past 25 years. It is now at a defining stage, with the Draft Common Frame of Reference (DCFR) recently being published. This article is not primarily concerned with the substance of this instrument, but with the process of legal innovation it might trigger. The hypothesis is that the adoption of such a rulebook will have a significant impact on the future development of European contract law. Yet the nature and likely eff...

  19. California Library Laws, 2009

    Science.gov (United States)

    Smith, Paul G., Ed.

    2009-01-01

    California Library Laws 2009 is a selective guide to state laws and related materials that most directly affect the everyday operations of public libraries and organizations that work with public libraries. It is intended as a convenient reference, not as a replacement for the annotated codes or for legal advice. The guide is organized as follows.…

  20. Challenging a court settlement: Concept, legal nature and methods of challenging in domestic and comparative law

    Directory of Open Access Journals (Sweden)

    Salma Marija

    2011-01-01

    Full Text Available In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws. The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement. In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy - request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title.

  1. Legislative Process For National Atomic Energy Laws Various Legal Approaches And Lessons Learned

    International Nuclear Information System (INIS)

    Ali, A.M.

    2008-01-01

    Legislative Process for National Atomic Energy Laws (NAELs) aim at establishing a legal base for the peaceful uses of nuclear energy. Various approaches (partial and comprehensive) to draft the NAELs are studied. The paper also studies some national nuclear energy laws through a comparative legal analysis and the important developments that have taken place in the legislative process for NAELs. There are lessons learned from the legislative process for NAELs. First, each state must develop its own legislative framework based on its own situation. Second, although the NAELs have common features, they vary considerably due to national legal traditions, social, economic circumstances and cultural values. Third, the NAELs have also evolved in time. Fourth, the technical standards, rules and guidelines should not be part of legislation issued by the Parliament because they would also facilitate quick adaption to new technical developments. Fifth, interface between legal and technical issues, requiring legal and technical experts to interact with each other. Sixth, continuing assessment that may lead to amendments to the law over time

  2. A New Paradigm for the Teaching of Business Law and Legal Environment Classes

    Science.gov (United States)

    Lampe, Marc

    2006-01-01

    There is a need to develop curriculum and materials on law-related topics better designed for business students planning a career in business. Except incidentally, business school legal faculty are not teaching future lawyers or paralegals. The world of the business practitioner is very different from that of the lawyer. For most business people…

  3. M Wiese THE LEGAL NATURE OF A LIEN IN SOUTH AFRICAN LAW

    African Journals Online (AJOL)

    10332324

    M Wiese*. 1. Introduction. There are many uncertainties pertaining to the law of liens in South Africa. These include the real operation of a lien, the question whether a mala fide possessor can rely on a lien for money ..... namely the capacity to participate in legal commerce, and an entitlement. (bevoegdheid), namely the ...

  4. Individual Autonomy, Law, and Technology: Should Soft Determinism Guide Legal Analysis?

    Science.gov (United States)

    Cockfield, Arthur J.

    2010-01-01

    How one thinks about the relationship between individual autonomy (sometimes referred to as individual willpower or human agency) and technology can influence the way legal thinkers develop policy at the intersection of law and technology. Perspectives that fall toward the "machines control us" end of the spectrum may support more interventionist…

  5. CONCEPTUALIZING AUTHORITY OF THE LEGALIZATION OF INDONESIAN WOMEN’S RIGHTS IN ISLAMIC FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Abu Rokhmad

    2017-12-01

    Full Text Available Various studies on Islamic family law (IFL in Indonesia demonstrate an enduring paradigm of patriarchal culture both in ideas and practical applications. This is a logical consequence of the attempts to enact the traditional Islamic doctrines in modern law. The domination of this culture in the IFL, that has resulted in the discrimination against women in Indonesia, has reached the alarming level calling for revision. The reform attempts also are needed in other other derivative legal products, such as local sharia regulation. All these efforts are needed in order to ensure justice and equal rights of children and women. This paper attempts to conceptualize a construction of patriarchal authority in legalizing the rights, role, and status of gender in Indonesia. The finding reveals that reconstruction of authority in the modern legislation of Islamic Family Law should be started with ensuring the equal rights of women both in the legal and judicial aspects. This requires involving women in an appropriate proportion within the making of public policy, family law legislation. Another needed strategy is advocacy of women's rights in order to avoid legal gender bias due to the political and legislative authorities dominated by male group.

  6. The Charter, Educational Administration and U.S. Case Law: Contracting Legal Norms and Traditions.

    Science.gov (United States)

    Pistula, Pat; Manley-Casimir, Michael E.

    The historical, political, and legal evolution of Canada and its traditions has differed from that of the United States' uncritical adoption of U.S. case law. Canada's 1982 Charter, the counterpart of the United States Bill of Rights, is discussed. This paper examines the fundamental differences between Canadian and U.S. value patterns and legal…

  7. The Law in the Special Education Literature: A Brief Legal Critique

    Science.gov (United States)

    Zirkel, Perry A.

    2014-01-01

    Author Perry Zirkel writes in this article that given the central role of law in special education, exemplified by the Individuals with Disabilities Education Act (IDEA), it is fitting that the literature is replete with refereed journal articles specific to the legal dimension of various key issues of professional practice. He feels, however,…

  8. Legal Client Counseling for Sharia Law Students: An Innovative Approach toward Increasing Professionalism in Sharia Counseling

    Science.gov (United States)

    Samuri, Mohd Al-Adib; Wahab, Norazla Abdul; Kusrin, Zuliza Mohd; Muda, Mohd Zamro; Manap, Norhoneydayatie Abdul

    2013-01-01

    One of the issues that often circulates among newly recruited Sharia lawyers is the lack of the required capability or aptitude to be a Sharia counsel, especially when conducting legal counseling with clients. The Department of Sharia law, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia (UKM), must play an important role in preparing…

  9. Transnational legal assemblages and global security law: topologies and temporalities of the list

    NARCIS (Netherlands)

    Sullivan, G.

    2014-01-01

    This article examines the UN 1267 Al-Qaida sanctions regime as a technique of global security listing and form of transnational law with distinct legal ordering processes. Conventional literatures frame these sanctions in formalist terms, flattening their complexity. Understanding their qualities

  10. Search and seizure law; practical advice and interpretation for nuclear protective force persons

    International Nuclear Information System (INIS)

    Cadwell, J.J.

    1983-01-01

    Recent Supreme Court decisions, which interpret the 200-year-old Fourth Amendment of the US Constitution, are used to provide a brief overview of some search and seizure subjects important to management and officers responsible for physical protection of nuclear facilities. The overview is framed in practical terms in order to make the comments applicable to the everyday activity of nuclear-protective-force persons. The Supreme Court has described several exceptions where searches and seizures (arrests) are permitted without a warrant, despite the Fourth Amendment which states that warrants are always required. The seven exceptions briefly discussed are search incidents to a lawful arrest, the automobile-search exception, the suitcase or container exception, the hot-pursuit or emergency exception, the stop-and-frisk exception, the plain-view exception, and consent to be searched

  11. Search and seizure law; practical advice and interpretation for nuclear protective force persons

    Energy Technology Data Exchange (ETDEWEB)

    Cadwell, J.J.

    1983-07-06

    Recent Supreme Court decisions, which interpret the 200-year-old Fourth Amendment of the US Constitution, are used to provide a brief overview of some search and seizure subjects important to management and officers responsible for physical protection of nuclear facilities. The overview is framed in practical terms in order to make the comments applicable to the everyday activity of nuclear-protective-force persons. The Supreme Court has described several exceptions where searches and seizures (arrests) are permitted without a warrant, despite the Fourth Amendment which states that warrants are always required. The seven exceptions briefly discussed are search incidents to a lawful arrest, the automobile-search exception, the suitcase or container exception, the hot-pursuit or emergency exception, the stop-and-frisk exception, the plain-view exception, and consent to be searched.

  12. International legal protection of environment in the system of fundamental generally recognized principles of international law

    International Nuclear Information System (INIS)

    Meherremov, A.A.

    2007-01-01

    The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

  13. Legal Linguistics as a Mutual Arena for Cooperation: Recent Developments in the Field of Applied Linguistics and Law

    Science.gov (United States)

    Engberg, Jan

    2013-01-01

    This article reports on some of the recent projects and individual works in the field of Legal Linguistics as examples of cooperation between Applied Linguistics and law. The article starts by discussing relevant prototypical concepts of Legal Linguistics. Legal Linguistics scrutinizes interactions between human beings in the framework of legal…

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

    Science.gov (United States)

    Kim, Na-Kyoung

    2017-09-01

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

  15. Law in everyday life and death: a socio-legal study of chronic disorders of consciousness

    Science.gov (United States)

    Halliday, Simon; Kitzinger, Celia; Kitzinger, Jenny

    2015-01-01

    This paper addresses, from a socio-legal perspective, the question of the significance of law for the treatment, care and the end-of-life decision making for patients with chronic disorders of consciousness. We use the phrase ‘chronic disorders of consciousness’ as an umbrella term to refer to severely brain-injured patients in prolonged comas, vegetative or minimally conscious states. Based on an analysis of interviews with family members of patients with chronic disorders of consciousness, we explore the images of law that were drawn upon and invoked by these family members when negotiating the situation of their relatives, including, in some cases, the ending of their lives. By examining ‘legal consciousness’ in this way (an admittedly confusing term in the context of this study,) we offer a distinctly sociological contribution to the question of how law matters in this particular domain of social life. PMID:26041944

  16. THE LEGAL APPROACH TO HISTORIC PRESERVATION: A COMPARATIVE STUDY OF HISTORIC PRESERVATION LAWS IN NEW YORK AND HONG KONG

    OpenAIRE

    ZHENG, Jie Jane

    2015-01-01

    To explore the significance of historic preservation in metropolitan cities and disparities in the legal system to preservation, this paper conducts a comparative study of Hong Kong and New York. To begin with, it provides an overview of the historic preservation legal system in New York and Hong Kong and outlines the major preservation laws respectively in two cities. It pinpoints the key difference of the two legal systems: historic preservation in New York is shaped by four tiers of laws o...

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

    Science.gov (United States)

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

    2018-02-03

    The purpose of this study was to use individual-level data to examine the relationship between e-cigarette minimum legal sale age (MLSA) laws and cigarette smoking among U.S. adolescents, adjusting for e-cigarette use. In 2016 and 2017, we regressed (logistic) current (past 30-day) cigarette smoking (from 2009-2014 National Youth Tobacco Surveys [NYTS]) on lagged (laws enacted each year counted for the following year) and unlagged (laws enacted January-June counted for that year) state e-cigarette MLSA laws prohibiting sales to youth aged marijuana legalization, income, and unemployment) covariates. Cigarette smoking was not significantly associated with lagged MLSA laws after adjusting for year (odds ratio [OR] = .87, 95% confidence interval [CI]: .73-1.03; p = .10) and covariates (OR = .85, .69-1.03; p = .10). Unlagged laws were significantly and negatively associated with cigarette smoking (OR = .84, .71-.98, p = .02), but not after adjusting for covariates (OR = .84, .70-1.01, p = .07). E-cigarette and other tobacco use, sex, race/ethnicity, age, and smoke-free laws were associated with cigarette smoking (p <.05). Results unadjusted for e-cigarette use and other tobacco use yielded a significant negative association between e-cigarette MLSA laws and cigarette smoking (lagged: OR = .78, .64-.93, p = .01; unlagged: OR = .80, .68-.95, p = .01). After adjusting for covariates, state e-cigarette MLSA laws did not affect youth cigarette smoking. Unadjusted for e-cigarette and other tobacco use, these laws were associated with lower cigarette smoking. Copyright © 2017 The Society for Adolescent Health and Medicine. All rights reserved.

  18. Legal and criminal law protection of children from sexual violence: Proposals de Lege Ferenda

    Directory of Open Access Journals (Sweden)

    Petković Nikola

    2012-01-01

    Full Text Available The legal and criminal law protection of children from sexual violence is a major element of the combat against this complex form of crime. Well-designed laws, consistency in their implementation, evaluation of effects and effectiveness of the measures envisaged by the laws are only some steps that must be made if the positive results are expected in opposing any crime, and therefore to sexual violence. Moreover, if we consider the consequences of attempted and/or committed sexual violence for the victim, which, if they reach the public evoke strong reaction, it is clear why the parts of the relevant legislation that regulate this matter are worthy of special attention to scientific and professional public. However, the mission of finding a fair legislative solution is not simple. In this sense, the United States of America have the richest experience, and we shall just try to point out the importance and complexity of the regulation of criminal law protection of children from sexual violence through critical analysis of their proposals and already adopted solutions, as well as through analysis of certain elements of domestic legislation. The aim of this study is review and critical analysis of selected proposals and existing solutions in the sphere of legal and criminal law protection of children from sexual violence: the U.S. law that regulates formation of the registry of sex offenders which is available to the public ('Megan's law', legal solutions that provide chemical castration of 'pedophiles', as well as those related to the question of establishing the age limit that determines possibility of entering into consensual sexual relations with a minor.

  19. Cultural Diversity: Is It Present In American Law Schools And The Legal Profession?

    OpenAIRE

    Randall L. Robbins; Thomas J. Matthews

    2014-01-01

    The issue of diversity is certainly not a new concept.  This topic has been the focus of many corporate retreats and board room discussions.  However, one of the most reputable and esteemed professions is falling short of the bar in maintaining a diverse profile.  Research indicates that minority groups experience significant underrepresentation in law schools and the legal profession in general.  To address this issue, this research will focus on examining the value of diversity to the legal...

  20. Mixed Couples and Islamic Family Law in Egypt: Legal Consciousness in Transnational Social Space

    Directory of Open Access Journals (Sweden)

    Friso Kulk

    2013-12-01

    Full Text Available Studies on legal consciousness tend to focus on law at the local or national level. This raises the question how legal consciousness is shaped in a transnational context. This paper explores the concept of legal consciousness from the perspective of Dutch-Egyptian families and their everyday experiences with family law. Taking the work of Patricia Ewick and Susan Silbey on legal consciousness as a starting point, the main question that will be addressed is what the study of transnational migrants’ encounters with law can add to the theorising of legal consciousness. It will be argued that this can add to our understanding of legal consciousness in at least two ways. Firstly, transnational social space can offer a site for exploring the way personal experiences with law connect to larger patterns of meaning. Secondly, the shifts in societal and legal positions as a consequence of migration offer the opportunity to examine legal consciousness as a dynamic process. Los estudios sobre la conciencia jurídica tienden a centrarse en la ley a nivel local o nacional. Esto plantea la cuestión de cómo la conciencia jurídica se forma en un contexto transnacional. En este trabajo se explora el concepto de la conciencia jurídica desde la perspectiva de familias holandesas-marroquíes y holandesas-egipcias y sus experiencias cotidianas con el derecho de familia. Tomando como punto de partida el trabajo de Patricia Ewick y Susan Silbey en materia de conciencia jurídica, la pregunta principal que se aborda es lo que puede aportar a la teorización de la conciencia jurídica el estudio de los enfrentamientos de los emigrantes transnacionales con la ley. Se argumenta que esto puede contribuir a nuestra comprensión de la conciencia jurídica en al menos dos formas. En primer lugar, el espacio social transnacional puede ofrecer un lugar para explorar el modo de experiencias personales con la ley conectadas con patrones más grandes de significado. Y en

  1. The impact of a liberalisation law on legally induced abortion hospitalisations.

    Science.gov (United States)

    Gonçalves-Pinho, Manuel; Santos, João V; Costa, Antónia; Costa-Pereira, Altamiro; Freitas, Alberto

    2016-08-01

    Legal abortion based purely in maternal option without fetal/maternal pathology was liberalised in Portugal in 2007 and since then abortion rates have increased substantially. The aim of this paper was to study the impact of the liberalisation of abortion by maternal request on total legal abortion related hospitalisation trends. We considered hospitalisations of legal abortion (ICD-9-CM codes 635.x) with discharges from 2000 to 2014. Data was obtained from a Portuguese administrative database, which contains all registered public hospitalisations in mainland Portugal. Performed legal abortions during the same period were obtained from INE (National Statistics Institute). Hospitalisations per abortion were calculated by dividing the number of legal abortions hospitalisations per the number of legal abortions, mean ages, number of hospitalisations per age group, complications, admission type and length of stay were also analysed, throughout the study period. Hospitalisations rose during the study period, (from 618 episodes in 2000 to 1,259 in 2014, with a peak of 1,603 in 2010). Since the liberalisation law was passed there was a significant decrease in the number of hospitalisations per abortion: from 1.07 in 2000 to 0.11 in 2014 (pAbortion related hospitalisations are more frequent in women aged 25-39. A significant decrease from the emergent to the scheduled type of admission occurred from 2000 to 2014 (from 83.5% to 56.7% of emergent admissions) (pabortion have decreased, reflecting the major impact that the liberalisation of legal abortion by maternal request had on abortion trends nationwide. Before the liberalisation, each abortion led to approximately one hospitalisation while after the liberalisation this trend shifted to approximately 10% of the number of abortions. Legal abortion related hospitalisations are more frequent in women aged between 25 and 39 years old, an older age group when compared to the one registered in all cases of legal abortions

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

    Directory of Open Access Journals (Sweden)

    Saldi Isra

    2017-08-01

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

  3. The legal aspects of expedited partner therapy practice: do state laws and policies really matter?

    Science.gov (United States)

    Cramer, Ryan; Leichliter, Jami S; Stenger, Mark R; Loosier, Penny S; Slive, Lauren

    2013-08-01

    Expedited partner therapy (EPT) is a potential partner treatment strategy. Significant efforts have been devoted to policies intended to facilitate its practice. However, few studies have attempted to evaluate these policies. We used data on interviewed gonorrhea cases from 12 sites in the STD Surveillance Network in 2010 (n = 3404). Patients reported whether they had received EPT. We coded state laws relevant to EPT for gonorrhea using Westlaw legal research database and the general legal status of EPT in STD Surveillance Network sites from Centers for Disease Control and Prevention's Web site in 2010. We also coded policy statements by medical and other boards. We used χ tests to compare receipt of EPT by legal/policy variables, patient characteristics, and provider type. Variables significant at P < 0.10 in bivariate analyses were included in a logistic regression model. Overall, 9.5% of 2564 interviewed patients with gonorrhea reported receiving EPT for their partners. Receipt of EPT was significantly higher where laws and policies authorizing EPT existed. Where EPT laws for gonorrhea existed and EPT was permissible, 13.3% of patients reported receiving EPT as compared with 5.4% where there were no EPT laws and EPT was permissible, and 1.0% where there were no EPT laws and EPT was potentially allowable (P < 0.01). Expedited partner therapy was higher where professional boards had policy statements supporting EPT (P < 0.01). Receipt of EPT did not differ by most patient characteristics or provider type. Policy-related findings were similar in adjusted analyses. Expedited partner therapy laws and policies were associated with higher reports of receipt of EPT among interviewed gonorrhea cases.

  4. Personality disorders at the interface of psychiatry and the law: legal use and clinical classification.

    Science.gov (United States)

    Johnson, Sally C; Elbogen, Eric B

    2013-06-01

    Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality disorders are assessed in forensic cases, and describes how personality disorders are viewed in different legal contexts. Reasons are identified why personality disorders are not generally accepted as significant mental illness within the legal system, including high incidence of personality dysfunction in criminal populations, frequent comorbidity of personality disorders making it difficult to determine direct causation, and difficulty determining where on a continuum personality traits should be defined as illness (or not). In summary, the legal system, to a significant degree, mirrors the clinical conception of personality disorders as not severe mental diseases or defects, not likely to change, and most often, under volitional control.

  5. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    Directory of Open Access Journals (Sweden)

    Vidya Prahassacitta

    2017-01-01

    Full Text Available Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist’s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist’ contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.

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

    NARCIS (Netherlands)

    Gibson, B.N.

    2014-01-01

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

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

    OpenAIRE

    Julian Simon Stein

    2015-01-01

    In Copyright Law, video games are still a contentious matter. The multimedia nature of games brings up the question on how to define their legal nature. While there are several original underlying works in video games such as computer programs, artistic works, musical works, dramatic works etc., video games enjoy protection as films or audiovisual works respectively in many jurisdictions, making video games an arrangement of a multiplicity of works. However, some have argued to define video g...

  8. Cannabis, pesticides and conflicting laws: the dilemma for legalized States and implications for public health.

    Science.gov (United States)

    Stone, Dave

    2014-08-01

    State laws on the legalization of medical and recreational cannabis are rapidly evolving. Similar to other crops, cannabis is susceptible to multiple pests during cultivation. Growers have an economic incentive to produce large yields and high quality plants, and may resort to pesticides to achieve these outcomes. Currently, there are no pesticides registered for cannabis in the United States, given its illegal status by the federal government. This discrepancy creates a regulatory vacuum and dilemma for States with legal medical and recreational cannabis that seek to balance lawful compliance with pesticides and worker or public health. Pesticide use presents occupational safety issues that can be mitigated through established worker protection measures. The absence of approved products for cannabis may result in consumer exposures to otherwise more hazardous pesticides or higher residue levels. While many legal and scientific hurdles exist to register conventional pesticides for use on cannabis, legalized States have explored other opportunities to leverage the present regulatory infrastructure. Stakeholder engagement and outreach to the cannabis industry from credible sources could mitigate pesticide misuse and harm. Copyright © 2014 Elsevier Inc. All rights reserved.

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

    Science.gov (United States)

    Mead, Alice

    2017-05-01

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

  10. (Virtual) Water-repellent Law? Why Legal Studies Should Be Brought Into the Virtual Water Debate

    Science.gov (United States)

    Turrini, Paolo

    2014-05-01

    Virtual water studies are a marvelous example of the much praised "interdisciplinary approach", efficaciously intertwining many threads woven by scholars of very diverse fields of research. After all, if water is an object of biological interest and the word "virtual" becomes especially significant in the framework of the international trade flows, why should agronomists and economists not work together? And, with them, hydrologists, environmental engineers, network analysis experts… either working side by side or, at least, following one another's steps. Browsing the relevant academic literature one may notice that a vast array of disciplines is dealing with the topic. As a consequence, it may come as a surprise that lawyers seem to have remained almost deaf to the charming call of virtual water. A social science thoroughly "social" even if sometimes deemed (also by its practitioners) akin to humanities - and for this reason not always timely in catching the hints by hard sciences - law has a lot to say about virtual water and its manifold aspects. And it is so, in my opinion, in at least two respects. First of all, legal provisions can be determinants of social facts no less than other types of norms, such as physical or economic laws. Law shapes the human behavior by giving incentives or establishing constraints to the conduct of virtually any kind of social actor, be they farmers needing to decide what to grow, entrepreneurs willing to invest in the water market, or governments requested to address their communities' problems. All of them will make their choices in consideration of the costs, opportunities, and limits set by a number of regulations. In the second place, and strictly connected with the first reason, law may offer some answers to the challenges that virtual water and, more in general, the water-food nexus bring with them. In fact, understanding the way legal provisions affect the taking of decisions in the water sector, one may try to devise

  11. Modifications of the Byzantine law in the Slavonic legal code 'Zakon sudnyi lyudem'

    Directory of Open Access Journals (Sweden)

    Nikolić Dragan

    2014-01-01

    Full Text Available The paper analyses the provisions of the oldest Slavonic legal code 'Zakon Sudnyi Lyudem' (the Law on the Trial of People from the 9th century which were made by the process of reception with the modification of the corresponding provisions of the Byzantine Ecloga. Out of 19 articles of this Law which are based on the articles from the Ecloga, 17 of them contain penal norms which regulate the penal protection of other people's property, gender morality, physical integrity of personality, marriage, family and the right of Church asylum. The author has identified three types of modifications: modifications of a linguistic style (the use of words which have a closely related meaning to the words from the Ecloga, or the paraphrase of the text from the Ecloga in one's own words, quantitative modifications (shortening or expansion of the text from the Ecloga and qualitative modifications (the essential change of the text from the Ecloga. The editors of the Slavonic legal code used qualitative modifications in order to put a mark of their time into their Law, as a personal evaluation of the appropriateness of concrete modifications, and they tried to satisfy the real or assumed needs of their social reality. Many qualitative modifications were conducted with the aim of affirming and establishing Christianity as a newly appropriated official religion in that region, and also with the aim of repressing the heritage of the pagan customary law.

  12. Advice to give advice.

    Science.gov (United States)

    Zheng, Patricia Z; Smuck, Matthew

    2017-10-01

    Matthew L. Stevens, Chung-Wei C. Lin, Flavia A. de Carvalho, Kevin Phan, Bart Koes, Chris G. Maher. Advice for acute low back pain: A comparison of what research supports and what guidelines recommend. The Spine Journal, In Press. Copyright © 2017 Elsevier Inc. All rights reserved.

  13. International electronic contracts and Brazilian law: between the domestic legal deficit and global solutions

    Directory of Open Access Journals (Sweden)

    Fabrício Bertini Pasquot Polido

    2017-05-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2017v38n75p157 The article explores some issues regarding the interface between international electronic contracts and private international law. Today, thanks to the internet, crossborder commercial transactions, previously unthinkable, become possible. However, as to the inherent specificities of the internet, contracts having connecting factors offer bring questions related to determination of law applicable or even validity issues, among others. Unlike the extensive regulatory agenda furthered by the United Nations Commission on International Trade Law on the subject, Brazil needs to assess existing initiatives and designing the necessary solutions for ensuring legal certainty in this field.

  14. Legal protection of victims under criminal law in the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2008-01-01

    Full Text Available The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice. The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

  15. The Digitalization of the Assembly Line of Knowledge About Law: A Reinvention of the Confrontational Nature of Legal Scholarship?

    NARCIS (Netherlands)

    d' Aspremont, J.; van den Herik, L.

    2013-01-01

    This paper reflects upon the rise of new tools of production and dissemination of knowledge about law as well as their impact on the dynamics and the nature of the profession of legal scholar. Taking the contemporary international legal scholarship as a case-study, it discusses potentially dramatic

  16. German law on circumcision and its debate: how an ethical and legal issue turned political.

    Science.gov (United States)

    Aurenque, Diana; Wiesing, Urban

    2015-03-01

    The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

  17. [Law and epilepsy. Legal sentences in the Federal Republic of Germany between 1952 and 2000].

    Science.gov (United States)

    Schulze-Lohne, M; Bauer, J

    2001-10-01

    We searched the internet-based "Juris" database for legal sentences related to epilepsy that were passed in the Federal Republic of Germany (FRG) between 1952 and 2000. We identified 143 sentences (annual range 0-10, mean 2.9 per annum). Six different types of court were involved (social, civil, administrative, criminal, family, and employment trials). The most judgements were made by social courts (52), and family and employment courts involved the fewest (five). We discuss three important areas of legal dispute in more detail (driving licences, employment law, criminal law). Changes in driving regulations over the years are explored on the basis of eight sentences. Only 30 years ago, patients with epilepsy were not allowed to drive motor vehicles. Now, the judgement on a patient's ability to drive is based on a process which takes account of specific types of epilepsy. Sentences relating to employment law demonstrate that employees will not necessarily be dismissed if they fail to inform their employer of the epilepsy diagnosis. In general, however, employers have the right to enquire about health issues such as epilepsy, and employees are obliged to answer such questions truthfully. An analysis of 13 criminal cases shows that expert witnesses are always called on to comment on a patient's credibility or degree of responsibility.

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

    Directory of Open Access Journals (Sweden)

    M Swanepoel

    2009-12-01

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

  19. Developing Law Students' Communicative-Linguistic Competence: Analysis of Eight Spanish Legal Textbooks from a Sociopragmatic Perspective

    Science.gov (United States)

    Ramos, Joseba Ezeiza

    2015-01-01

    This article presents a study carried out on eight Spanish legal textbooks in order to draw up an inventory of educational resources available to support the development of law students' communicative competence, taking into account the law degree curricula at Spanish universities (Ezeiza Ramos forthcoming a, forthcoming b). The analysis was…

  20. The Law, the Map and the Citizen: Designing a legal service infrastructure where rules make sense again

    NARCIS (Netherlands)

    Peters, R.M.

    2016-01-01

    Law is being digitalised. When this research started, the notion of digitalisation of law was new. The early attempts were websites that provided legal sources. The question occurred if this would be helpful to the citizen seeking answers for day-to-day problems. The research question evolved from

  1. Sustainable Development, Moral Law and Legality in Defense of Cultural and Landscape Heritage

    Directory of Open Access Journals (Sweden)

    Giampaolo Maria Cogo

    2017-07-01

    Full Text Available Moved by Pope Frances’ urgent call to protect our common home by dealing with the environmental challenge and its human roots to achieve sustainable and integral development, the historical-legislative and institutional recognition act was drawn up on the protection and valorization of cultural-landscape-environmental heritage, matrix of the progress of civilization outlined in the fundamental principles of the Italian Constitution in the “cultural programme” focused on the relationship between cultureperson and environment-person. It recalls the action of the institutions to protect nature and the ecological-environmental balance and the activities of international organizations to safeguard nature from human actions. They are a sign of the critical issues of codification in the field of cultural, landscape and environmental heritage (2006-2009 due to a departure from natural legal right (jus envisaged as a moral law for enjoyment, compatible with a loving, responsible and prudent use, aimed at guaranteeing an integral sustainable development for future generations. In losing the natural moral law, one encounters the decisive factor in the fall of legality, with serious consequences for heritage protection and people’s growth, based on shared standards. A glimmer of hope can be discerned in the community/EU legislation to harmonize the protection and valorization of the environment according to criteria of substantive law, where the primary aims for the guarantee of future generations lead to regulatory processes anchored to the ethics of natural moral law, under the bulwark of true cooperation and good faith, in a strict justicial and sanctioning system, tempered by the use of fairness when the general interest of the common good prevails.

  2. Aspects of Implementation of European Law in the Legal System of the Republic of Moldova within the European Integration Process

    Directory of Open Access Journals (Sweden)

    Ilie Mamaliga

    2011-09-01

    Full Text Available The author researches in this paper the political, economic and legal trends, concerning the integration of Moldova into the European Union. The greet The researcher pays attention to the principles of freedom and pluralistic democracy, supremacy of national European law over the law, in the non-discrimination and equality before the law, reflected in the European and national acts, as well as the principles of the market economy.

  3. Ex Machina: Analytical platforms, Law and the Challenges of Computational Legal Science

    Directory of Open Access Journals (Sweden)

    Nicola Lettieri

    2018-04-01

    Full Text Available Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers to experiment cutting-edge data-driven and computation-intensive analyses. The paper discusses the appearance of such tools in the emerging field of computational legal science. After a general introduction to the impact of computational methods on both natural and social sciences, we describe the concept and the features of an analytical platform exploring innovative cross-methodological approaches to the academic and investigative study of crime. Stemming from an ongoing project involving researchers from law, computer science and bioinformatics, the initiative is presented and discussed as an opportunity to raise a debate about the future of legal scholarship and, inside of it, about the challenges of computational legal science.

  4. [Responsibilities of physicians in legal practice with emphasis on civil law].

    Science.gov (United States)

    Veselić, Ivica

    2007-01-01

    Medical doctors and lawyers respectively are very often directed to cooperate in many different ways. It is worth informing the medical doctors in a simple and understandable way of a newer and more recent practice of the term of responsibility and its usage in legal practice. Placing subjective or objective medical doctors' responsibility arises a considerable doubt in practice. Author's opinion is that the legal practice should keep the subjective responsibility because it is precisely the subjective responsibility that has a supremacy over the objective one. He is, of course, taking into consideration the honorable medical profession which shouldn't professionally constraint the doctors in doing their honorable work by confronting them with ethical and professional dilemma about whether they would be burdened with criminal or civil responsibility, and all that on the assumption of lege artis. The author has himself searched and checked the archive and Internet records of 200 court rulings of the Municipal Court in Zagreb and the District Court in Zagreb. He also searched Internet records of the Supreme Court of the Republic of Croatia both for the civil law responsibility as for the criminal law one. The figures shown in this work are appriximate and they are to be used as guidelines and support for indentifying and solving problems both in medical as in legal practice. After checking the court rulings of the Municipal Court in Zagreb the author has noted that the mistakes most frequently occur in the field of diagnostics and additional health care (42%), in performing a surgery and post-operative complications (43%) and in the field of ginecology (15%). With the developpement of medicine and technology the risks and medical mistakes are ever growing. However, maybe one simple conversation between a doctor and a patient before and after providing medical services would solve many of the dilemmas and reduce the unreasonable expectations.

  5. The Admission and Enrolment of Foreign Legal Practitioners in South Africa under the Legal Practice Act: International Trade Law and Constitutional Perspectives

    Directory of Open Access Journals (Sweden)

    Cornelius Hagenmeier

    2016-07-01

    Full Text Available 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 trained in other countries as part of their undergraduate degrees or even come to foreign shores to obtain law degrees. Many students hailing from other African countries study towards LLB degrees at South African universities. Major commercial law firms ensure that they can offer in-house expertise on major foreign legal systems and co-operate with partner firms in other parts of the globe. The General Agreement on Trade in Services (GATS, to which South Africa is a party, is a multilateral agreement focusing on the liberalisation of trade in services amongst member countries. Services under the GATS system include legal services. The commitments made by South Africa under this agreement require that South Africa allows foreign legal practitioners to establish a commercial presence or be transferred to South Africa. The Bill of Rights entrenched in Chapter 2 of the South African Constitution guarantees fundamental rights including the right to equality and freedom of trade, occupation and profession. With the coming into force of the new Legal Practice Act 28 of 2014, which provides a legislative framework for regulating the affairs of legal practitioners, including their admission and enrolment, it is necessary to assess the extent to which the Act complies with the GATS rules and the South African Constitution. This paper examines the new Legal Practice Act 28 of 2014, and examines whether the Act addresses the conflicts that have always existed between the regulation of the legal profession and the admission of legal practitioners in South Africa with South Africa's commitments under the GATS system. Using the

  6. HAKIM AGUNG SEBAGAI AGENT OF CHANGE MENUJU LAW AND LEGAL REFORM

    Directory of Open Access Journals (Sweden)

    Samsul Wahidin

    2017-10-01

    Full Text Available Supreme Court as the nation institution in nation power was the legislative power keeper. The performance in law enforcement had always to adapt the increase of society law. Here, justice was enforced based on society justice feeling. Supreme Court institution was occupied by a person, namely Supreme Judge or judge of the Supreme Court. Supreme Judge as ?God Representative? in the world had to dig and accommodate the justice value in society. In upholding the law and justice, it had to be realized that it was a simultaneous and continuous effort by integrating various components with Supreme Court and supreme judge as the concrete agent. Various components in law enforcement had to integrate in realizing the law goal which processed with space and time. Space gave a chance toward the law action, both one which fitted law and that which broke it.The processing time gave a chance to people to be creative and innovative.In another perspective, integration did not only mean to build power, especially against law violation. The effort which had to be done continuously was to keep renewing the legal source, so the component in realizing the law goal could be renewed, not merely in the meaning as the spirit and all the implications but more than that, up to date renewing had to be done continuously. It became a demand that had to be fulfilled all the time. There was no word ?finish? and there was no term ?final. Process was the form of the finalization itself. ?Mahkamah Agung sebagai lembaga negara dalam sistem kekuasaan negara adalah penjaga kekuasaan legislatif. Kinerjanya dalam penegakan hukum harus senantiasa menyesuaikan dengan perkembangan hukum masyarakat. Di sini keadilan ditegakkan berdasarkan rasa keadilan masyarakat. Kelembagaan Mahkamah Agung diisi oleh person, yaitu Hakim Agung. Hakim Agung sebagai ?wakil Tuhan? di muka bumi, harus senantiasa menggali dan mengakomodasikan nilai keadilan dalam masyarakat. Dalam menegakkan hukum dan keadilan

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

    OpenAIRE

    Saldi Isra; Ferdi Ferdi; Hilaire Tegnan

    2017-01-01

    It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preemi...

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

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

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

  9. Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

    2010-01-01

    Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

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

    Directory of Open Access Journals (Sweden)

    Julian Simon Stein

    2015-06-01

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

  11. Challenging Racism in Brazil. Legal Suits in the Context of the 1951 Anti-Discrimination Law

    Directory of Open Access Journals (Sweden)

    Jerry Dávila

    Full Text Available Abstract This article examines efforts to define the nature of racial discrimination in Brazil, within an environment shaped by perceptions of the meaning of racism in the United States and perceptions about the nature of race relations in the lusophone world. The article asks how did black Brazilians work to define discrimination, and what opportunities did they find to mount challenges? This study elucidates reactions to discrimination, looking for these acts where they occurred rather than where the U.S. experience tells us to find them, exploring efforts to define discrimination and to create means to challenge it. Though these efforts often dialogued with ever-present perceptions about race in the U.S., they were adapted to particular legal, political, social and cultural circumstances in the Brazil of their time. In particular, I examine challenges to discrimination through criminal suits brought under Brazil's 1951 anti-discrimination law.

  12. Terrorism x Principle of Legality: The Consequences of Criminal Law of The Enemy at the Law N. 13.260/16

    Directory of Open Access Journals (Sweden)

    Ana Claudia da Silva Abreu

    2016-12-01

    Full Text Available The article deals with the crime of terrorism, particularly the criminal conduct introduced by law number 13.260/16. The global demand after the terrorist attacks of September 11, 2001, occurred in the United States, there is the adoption of legislative measures aimed at combating such crime. The anti-terror laws usually falls within the context of so-called Criminal Law of the enemy. However, it is necessary to analyze the principle of legality as a limit of criminalization, to set the terrorist phenomenon in the context of democratic societies. It was adopted the monographic method, while technical research, the indirect documentation.

  13. Corporations and the Uses of Law: International Investment Arbitration as a “Multilateral Legal Order

    Directory of Open Access Journals (Sweden)

    Peter Muchlinski

    2011-05-01

    Full Text Available This paper seeks to examine the claim, made by certain legal scholars, that international investment law, though based mainly on Bilateral Investment Treaties (BITs is in fact a multilateral order that introduces principles of an emergent “global administrative law” into the regulation of state conduct in relation to foreign investors and their investments. Such scholars argue that this order develops through the decisions of investor-State arbitral tribunals which are creating a harmonised understanding of the meaning of BIT provisions and an institutional system of adjudication that furthers the development of global administrative principles. Through a critical examination of this approach the paper argues that this field is not a multilateral order but an unstructured process of privatised legal entrepreneurship which seeks to further a professional interest in developing an extensive, investor friendly, regime of BITs. Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action.  The argument is made both on a theoretical level and by a review of a specific issue in international investment law, namely, the development of  wider types of claims and the rise of so-called “treaty shopping” by means of corporate group structuring.  In particular the multi-jurisdictional location of various affiliates in a multinational enterprise creates a network of potential claimants in investor state disputes, giving rise to the risk of multiple claims, while the possibility of setting up affiliates in various jurisdictions creates opportunities for “treaty shopping”. “Treaty shopping” involves the enterprise locating an affiliate in a jurisdiction that has signed an investment protection treaty with the host country, allowing various affiliates and/or the parent in a group enterprise to benefit from treaty protection even though they possess the nationality of a state that has no

  14. Teaching Legal English for Company Law: A Guide to Specialism and ELP Teaching Practices and Reference Books

    OpenAIRE

    Álvarez Faedo, María José

    2015-01-01

    This article discusses one of the less mainstream areas of ESP teaching, that of legal English for students of company law. The author begins by analysing the approach used by subject-domain specialists themselves and the current criticism regarding the conservative textbook approach which continues to dominate teaching theory in this area. To this effect, she presents the results of a study carried out from October 2014 to March 2015 regarding subject-domain textbooks most used in Law School...

  15. LEGAL AID AS SEEN IN THE LIGHT OF THE LAW NO. 270/2010 REGARDING THE AMENDMENT AND THE COMPLETION OF THE LAW NO. 51/1995 FOR THE ORGANIZATION AND THE PRACTICE OF THE LAWYER’S PROFESSION

    Directory of Open Access Journals (Sweden)

    STEFAN NAUBAUER

    2011-04-01

    Full Text Available According to the explanatory memorandum of the Government as well as to the favorable opinion of the Legislative Council, the Law no. 270/2010 relate mainly to the correlation the OUG no. 51/2008 on legal aid in civil matters, by covering in detail the circumstances and the conditions for granting legal aid as well as the organization of the activity of granting such assistance. From the perspective of European law, the Legislative Council appreciated that the new law is placed within the sphere of the legislation as regulated at the European Union level, that are circumscribed to the European Area of freedom, security and justice, within the European legislation reserved to the judicial cooperation in civil matters.In this material we will analyze the following issues: granting legal aid in criminal matters, in which defense is mandatory according to the dispositions in the Criminal Procedural Code; granting legal aid in any other causes except criminal ones, as modality to grant public legal aid, according to the law; legal aid throughout a lawyer, granted at the request of the organs of the local public administration; appointing the lawyer for legal aid; extra-judiciary legal aid; competences of the bars regarding legal aid; the department for the coordination of legal aid; services of legal aid; legal aid registry; payment for the activity of legal aid and extra-judiciary legal aid.

  16. LEGAL

    African Journals Online (AJOL)

    This is because the discounts and rebates offered in the past to some resulted in higher prices for others. But on average, however, prices should drop slightly because the. SEPs are based on figures from last year. DISPENSING FEES. The new law on dispensing fees only comes into effect on. 2 August 2004. Until then ...

  17. The right to die in Canadian legislation, case law and legal doctrine.

    Science.gov (United States)

    Plachta, M

    1994-01-01

    This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.

  18. Interpretation of the “Refugee” Term in the International Legal Acts and Laws of the CIS Countries

    Directory of Open Access Journals (Sweden)

    Gennadij A. Borisov

    2017-06-01

    Full Text Available The article describes peculiarities of the "refugee" term interpretation in the international legal acts and laws of the CIS countries. In particular, much attention is paid to its usage in the UN Convention of 1951 “About the status of refugees” and Protocol to it of 1967, and also in the Laws of the Russian Federation (Federal Law of 19.02 1993 No 4528-I “About refugees”, Armenia (The Law of the Armenia Republic of 16.01.2007 No ЗР-47 “About refugees and asylum”, Belarus (The Law of the Belarus Republic of 23.06 2008 No 354-З “About granting to citizens and people with no citizenship a refugee status, additional or temporal protection in the Belarus Republic” and Ukraine (The Law of Ukraine of 08.07.2011 No 3671-VI “About refugees and people who need additional or temporal protection”. Specific features of the interpretation of the concept of "refugee" in the legal system of these states are defined. The article gives arguments as for a single approach to the “refugee” term interpretation that must be legally confirmed within every country by a traditional international definition.

  19. The responsible radiation protection supervisor: Who actually is he? Legal entities under public law and their legal responsibilities pursuant to radiation protection laws

    International Nuclear Information System (INIS)

    Brinkmann, M.

    1998-01-01

    All radiation protection relevant activities subject to licencing or notifying include observation of legally allocated responsibilities. Responsible radiation protection supervisor is the licence owner in person. If the holder is a legal entity, that entity is responsible as such. The executives of the entity exercise the functions of a responsible radiation protection officer, or may delegate them to an authorized deputy. In this case, the yardstick of a possible liability may be changed. The liability of the responsible persons is determined by the general legal regulations. (orig.) [de

  20. State Administrative Legal Review on the Bill of Retraction Law of Corrupted Assets in Eradication Effort of Corruption in Indonesia

    Directory of Open Access Journals (Sweden)

    Dian Puji Simatupang

    2011-09-01

    Full Text Available Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003, Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on Corruption Eradication Commission, Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption, and Government Regulation Number 65 of 1999 on Implementation Procedures for Examination of State Property, retraction the corrupted assets should be define in order to get known about eradicating corruption.

  1. An optional instrument on EU contract law: could it increase legal certainty and foster cross-border trade?

    NARCIS (Netherlands)

    Hesselink, M.W.

    2010-01-01

    It seems likely that an optional instrument on European contract law could have some positive impact on cross-border trade, although its size remains very difficult to estimate. Whether an optional instrument will increase legal certainty depends on the degree to which the European legislator will

  2. Recención libro "Law and revolution. The Formation of The Western Legal Tradition", de Harold J. Berman

    Directory of Open Access Journals (Sweden)

    Mario Arnello Romo

    2012-12-01

    Full Text Available Comentario del Profesor Mario Arnello al libro ""Law and revolution. The Formation of The Western Legal Tradition", de Harold J. Berman, Profesor Emérito de Harvard Law School, B.A. Darmouth College, 1938; M.A.1942, LL.B. 1947, Yale University; LL.D. Catholic University of America, 1991; D.H.L. Virginia Theological Seminary, 1995; Doctor honoris causa, University of Ghent, 1997; Doctor honoris causa,  Russian Academy of Sciences Law University, 2000.

  3. Cell-based veterinary pharmaceuticals – Basic legal parameters set by the veterinary pharmaceutical law and the genetic engineering law of the European Union

    Directory of Open Access Journals (Sweden)

    Timo Faltus

    2016-11-01

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

  4. The Development of New Clinical Legal Education Courses at the Faculty of Law, Hasanuddin University, Makassar- Indonesia: Challenges and Prospects

    Directory of Open Access Journals (Sweden)

    Maskun

    2015-12-01

    Full Text Available Clinical subjects are a new model in Faculty of Law Hasanuddin University’s curriculum. It currently is implementing four legal clinics: (1 a civil law clinic; (2 a criminal law clinic; (3 an anti-corruption law clinic; and (4 an environmental law clinic. All of these clinics have been adopted in FH-UNHAS’s curriculum. This paper will focus on those subjects as new clinics and the students as new clinicians. It also discusses many challenges we face in managing the clinics and ensuring that all clinic students are able to engage in quality programming while working with our partners (local civil society organizations [CSOs] and formal justice institutions, such as District Courts and Provincial Prosecutor Offices.

  5. Sociological Foundation of Islamic Banking Law Legislation as The Legal Umbrella of Economic and Islamic Finance Development in Indonesia

    Directory of Open Access Journals (Sweden)

    Abdul Ghafur

    2015-04-01

    Full Text Available Objective - Sociologically, the existence of Law No.21/2008 on Islamic Banking in the splendor of economic development and Islamic finance is an interesting thing to observe. This paper wants to discuss the sociological foundation of Islamic banking law legislation as the legal umbrella of economic and Islamic finance development in Indonesia.Methods – qualitative Research, includes the study of law.Conclusions – At least, there are several spectrums that can be understood from the emergence of this law. First,the establishment of Islamic Banking Act is essentially a response to the provisions of Islamic law that has become the popular belief in the majority of Indonesian people who crave the realization of banking institutions which are free from usury, which is the Islamic law since his arrival in the archipelago until now classified as living law in the community. This reality is associated with the construction established by von Savigny. Second, the formation of Law No. 21/2008 concerning Islamic Banking is a response to social economic demand both nationally and globally. The presence of Islamic banks have become a necessity in managing the economy and coping with the economic crisis based on the underlying transaction. Third, the Establishment of Law No. 21/2008 concerning Islamic Banking in legal political perspective, has a basic principle, an aim and a response to the dynamic development of Indonesian society, particularly in relation to the development of Islamic economy. Fourth, formation of Islamic Banking Act affects the Islamic economic development in Indonesia, particularly in relation to the development of Islamic banking in Indonesia. Keywords:  Sociological Foundation, Islamic Banking Law, Economic Development.

  6. Leasing and legal culture : towards consistent behaviour in tax treatment in civil law and common law jurisdictions

    NARCIS (Netherlands)

    Mosquera Valderrama, Irma Johanna

    2007-01-01

    Dit proefschrift bevat een historisch rechtsvergelijkende studie naar het fenomeen leasing als een 'commmon law' concept ontwikkeld in de Verenigde Staten dat is getransplanteerd naar de 'civil law' landen Colombia, Frankrijk en Nederland. Bovendien verschaft dit proefschrift aanbevelingen met

  7. Legal means of the energy development in the respect of the environment in French law: research on the law of the sustainable development

    International Nuclear Information System (INIS)

    Grammatico, L.

    2003-05-01

    The energy regulation, in France, appears autonomous compared. to the environmental law. It was necessary to seek the reality of this autonomy, which resulted in analyzing its application at both national and community level. However, the autonomy of energy regulation has been kept in perspective through the influences of both public and economic policies, along with the general framework of life. This autonomy does not prevent the interdependence with environmental law. Indeed, the energy regulation is influenced by the environmental law, which can appear from differing viewpoints as either constraints for the energy sector or as opportunities. Here, the two regulations coexist with t:he environmental law trying to integrate completely with energy regulation. This seems to take place with difficulty through sustainable development, either requiring an evolution in traditional legal instruments or by the creation of new instruments. (author)

  8. Does legal education have undermining effects on law students? Evaluating changes in motivation, values, and well-being.

    Science.gov (United States)

    Sheldon, Kennon M; Krieger, Lawrence S

    2004-01-01

    We evaluated changes in subjective well-being (SWB), motivation, and values occurring over the law-student career. In study 1, law students began with levels of SWB higher than a comparison sample of undergraduates, but by the end of the first year their SWB had plummeted. These changes were correlated with the sample-wide decreases in intrinsic motivation over the first year, and were also correlated with increases in appearance values and decreases in community service values. Those with the most intrinsic motivations attained the highest grades, but, ironically, high grades in turn predicted shifts in career preferences towards "lucrative" and higher-stress law careers, and away from "service"-oriented and potentially more satisfying law careers. The declines persisted over the second and third years of law school. In study 2, the basic effects were replicated for a different sample of first-year students at a different law school. Implications for legal education and the legal profession are discussed. Copyright 2004 John Wiley & Sons, Ltd.

  9. Legal regulation of the obligations in old romanian law, greek and roman

    Directory of Open Access Journals (Sweden)

    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.

  10. Legal consciousness and LGBT research: the role of the law in the everyday lives of LGBT individuals.

    Science.gov (United States)

    Knauer, Nancy J

    2012-01-01

    The law occupies a prominent place in the everyday lives of lesbian, gay, bisexual, and transgender (LGBT) individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of legal consciousness within the LGBT community.

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

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

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

  12. Licensing and decommissioning of nuclear installations -interpretation and further development of legal provisions by licensing authorities and by law courts

    International Nuclear Information System (INIS)

    Nobbe, U.

    1992-01-01

    Working Group 1, from this conference, whose brief was to deal with ''Licensing and Decommissioning of Nuclear Installations'', has based its results on the findings elaborated at earlier International Nuclear Law Association conferences, especially on the activities of Working Group 1 of Nuclear Inter Jura'85 (Constance), Nuclear Inter Jura'87 (Antwerp), and Nuclear Inter Jura'89 (Tokyo). Since then the Working Group has investigated the legal framework of licensing and decommissioning of nuclear installations on the basis of an international comparison. The legal and technical aspects of decommissioning measures are becoming more and more important and, consequently, continue to be topical subjects, both nationally and internationally. In the past, the Working Group had looked into the general aspects of the legal framework and its practical implementation; this time, the Group's deliberations focussed on some points of detail within these overall subjects. (author)

  13. Better parks through law and policy: a legal analysis of authorities governing public parks and open spaces.

    Science.gov (United States)

    Henderson, Ana; Fry, Christine R

    2011-01-01

    Improving parks in low income and minority neighborhoods may be a key way to increase physical activity and decrease overweight and obesity prevalence among children at the greatest risk. To advocate effectively for improved recreation infrastructure, public health advocates must understand the legal and policy landscape in which public recreation decisions are made. In this descriptive legal analysis, we reviewed federal, state, and local laws to determine the authority of each level of government over parks. We then examined current practices and state laws regarding park administration in urban California and rural Texas. We identified several themes through the analysis: (1) multiple levels of governments are often involved in parks offerings in a municipality, (2) state laws governing parks vary, (3) local authority may vary substantially within a state, and (4) state law may offer greater authority than local jurisdictions use. Public health advocates who want to improve parks need to (1) think strategically about which levels of government to engage; (2) identify parks law and funding from all levels of government, including those not typically associated with local parks; and (3) partner with advocates with similar interests, including those from active living and school communities.

  14. 77 FR 32167 - Notice of Renewal of Advisory Committee on International Law Charter

    Science.gov (United States)

    2012-05-31

    ... International Law. Through this Committee, the Department of State will continue to obtain the views and advice... of international law. The Committee's consideration of these legal issues in the conduct of our... Committee on International Law, Department of State, at 202-776-8344 or [email protected] . Dated: May 23...

  15. The Impact of the Tax Reform Act of 1986 on Legal Education and Law Faculty.

    Science.gov (United States)

    Hoyt, Christopher R.

    1986-01-01

    The Tax Reform Act of 1986 changed the tax laws that affect how law schools raise revenue and how law faculty make expenditures. All law faculty should become familiar with the changes so as to minimize the potentially adverse consequences to themselves and their institutions. (MSE)

  16. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing

  17. Legal Issues Affecting Libraries and Librarians: Employment Law, Liability and Insurance, Contracts, and Problem Patrons.

    Science.gov (United States)

    Mika, Joseph J.; Shuman, Bruce A.

    1988-01-01

    This fourth lesson in a continuing education course on legal issues affecting libraries and librarians discusses the library's rights and legal responsibilities in the areas of censorship and intellectual freedom, the Freedom of Information Act and patron privacy, problem patrons, and ethical considerations of library services. (14 references)…

  18. How libraries relate to legal information to help ensure equitable access to knowledge for all : Roles of librarians to secure access to legal information : Makoto Ibusuki, professor of Faculty of Law at the Seijo University, talks about the Law Librarians Society's activities

    Science.gov (United States)

    Morita, Utako

    How libraries relate to legal information to help ensure equitable access to knowledge for all : Roles of librarians to secure access to legal information : Makoto Ibusuki, professor of Faculty of Law at the Seijo University, talks about the Law Librarians Society's activities

  19. Professional advice

    DEFF Research Database (Denmark)

    Ottaviani, Marco; Sørensen, Peter Norman

    2006-01-01

    on the basis of the advice given and the realized state of the world. In equilibrium of this reputational cheap-talk game, no more than two messages are effectively reported. The model is extended to consider sequential communication by experts with conditionally independent signals. In the long run, learning...... is incomplete and herd behavior arises...

  20. Unweaving the CESL: legal-economic reason and institutional imagination in European contract law

    NARCIS (Netherlands)

    Mak, C.

    2013-01-01

    From a law-and-economics perspective, the European Commission’s proposal for the introduction of an optional Common European Sales Law (CESL) has been criticized for over-regulating consumer sales law in Europe and for being likely to yield more costs than benefits. In defense of CESL, it is

  1. A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010

    NARCIS (Netherlands)

    Levels, Mark; Sluiter, Roderick; Need, Ariana

    2014-01-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal

  2. A review of abortion laws in Western-European countries: A cross-national comparison of legal developments between 1960 and 2010

    NARCIS (Netherlands)

    Levels, M.; Sluiter, R.; Need, A.

    2014-01-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal

  3. A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010.

    NARCIS (Netherlands)

    Levels, M.; Sluiter, R.; Need, A.

    2014-01-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal

  4. Soft Law as a New Mode of Governance: A Legal Perspective

    OpenAIRE

    Peters, Anne; Pagotto, Isabella

    2006-01-01

    After a brief review of the history and typology of soft law in public international law, we approach the concept deductively. We reject the binary view and subscribe to the continuum view. Building on the idea of graduated normativity and on the prototype theory of concepts, we submit that soft law is in the penumbra of law. It can be distinguished from purely political documents more or less readily, depending on its closeness to the prototype of law. Insights gained by the study of publi...

  5. INTERNATIONAL LEGAL LAWS FOR THE PROTECTION AND REALIZATION OF RIGHTS OF PERSONS WITH MENTAL DISORDERS

    Directory of Open Access Journals (Sweden)

    Sedžad Milanović

    2011-12-01

    Full Text Available The legal regulation of the persons with mental disabilities their support primarily finds in international legal acts of which provisions each state by their free determination incorporate into their regulations and coordinate them with the national legal norms. The persons with the mental disabilities are the persons with some degree of mental retardation who in greater or lesser extent are not able to independently take care of the realization and protection of their rights. Bosnia and Herzegovina, though it is a signatory of a great number of the international legal acts for the protection of the persons with mental disabilities, contrary to the international modern standards, has a very few institutes in which are placed in the aforementioned persons, in order to be treated, rehabilitated and engaged in the social life.

  6. A functional legal design for reliable electricity supply. How technology affects law. Report VI

    International Nuclear Information System (INIS)

    Knops, H.

    2008-01-01

    The liberalisation and international integration of electricity markets have led to a dramatic increase in the complexity of the electricity sector. Rather than hierarchical control, it is the legal framework (rules of the game that determines the behaviour of actors such as power generators, traders and network operators). Because of the unusual technical and economic characteristics of electricity markets, their performance is very sensitive to the formulation of the legal framework. Still, a structured approach to formulating the legal framework has not yet been developed. This book meets this demand. Many questions need to be answered in the design of a legal framework for the electricity industry and often they are interdependent. This study proposes a design method for the analysis and design of the legal organisation of a technically complex sector such as the electricity industry. The method takes into account the relevant policy goals, legal constraints and technical characteristics. While the method is developed for electricity markets, it can be applied to other technically complex infrastructures as well. The proposed method is applied to several critical cases, such as the security of electricity supply, operational security in large networks, congestion management and the question how to deal with merchant transmission investment. In addition to validating the proposed method, these case studies offer a wealth of practical information about the policy choices for restructuring the electricity industry. This makes this book a rich resource for anyone interested in the design of electricity markets

  7. The legal protections form emission under the aspect of section 364/2 ABGB of the Austrian Civil Law

    International Nuclear Information System (INIS)

    Woerndl, E.

    1991-05-01

    The legal protections from emissions caused by industries, car and public transportation traffic are one of the most important cases of defending real property. Due to the fact, that the mass media report international cases like 'Wackersdorf', there can be stated a general interest in the subject. Through section 364/2 of the 'Allgemeines Buergerliches Gesetzbuch' the Austrian Civil Law lifts its limits for property in consideration of emissions. The main reasons for the unsatisfying status quo must be related to the misinterpretation of imponderables as the key of emissions in section 364/2 ABGB. In fact section 364 lists a number of possible emissions, one of them considers sewage, which hardly can be declared as an imponderable one. This secures the position that all sorts of different kinds of emissions quoted in section 364/2 as far as 'others' gain civil presentation in case of infringing anybody's property. Another aspect must be referred to the influence of Public Law towards Civil Law and pollution control in particular: In Austria there exists a law (sections 47 and 56/1 Forstgesetz 1975) concerning the damage of forests (there to a great extent the interests of the state are touched because of the position as its land owner), where the legislator has no samples about determinating the terms - what the Civil Law calls 'customary in a place' to the extent of measurable damage. Due to this fact and in order to beware a homogenous legal order 'measurable damage' in general should substitute the inaccurate terms, that one has to relate to in use of section 364/2 ABGB. (author)

  8. The development of nuclear law-making or the art of legal 'evasion'

    International Nuclear Information System (INIS)

    Boustany, K.

    1998-01-01

    The intention of this paper is to elucidate nuclear law by analysing the scope of the instruments underlying it through the prism of normative pluralism and the function of law as well as from the perspective of the relationship between international and domestic law. Its purpose is to examine the steps taken by governments and competent governmental agencies to fulfill their obligations as regards both their own citizens and their inter-State relations. (K.A.)

  9. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.

  10. Legal Reform and Women’s Rights in Lebanese Personal Status Laws

    OpenAIRE

    Dabbous, Dima

    2017-01-01

    This report documents and analyzes two recent major reforms in Lebanese law whose purpose is to further gender equality for women in Lebanon: ( I ) the alteration of the Sunni personal status law to allow mothers to keep their children with them for a longer time following divorce and ( II ) the promulgation of Law no. 293 of 2014, which deals with domestic violence. The first reform relates to the religiously based, personal status laws that control major aspects of a woman’s life in Lebanon...

  11. Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

    Directory of Open Access Journals (Sweden)

    Urjana Curi

    2018-03-01

    On March 13, 2010, the Anti-Discrimination Law, one of the essential legal instruments that protects human rights in Albania, and also includes the prohibition of discrimination on the basis of sexual orientation, came into force. Albania has already the Commissioner for Protection from Discrimination. Two LGBT organizations have already been established in Albania: the Alliance against Discrimination LGBT and LGBT Pro Albania. They aim to protect the rights of sexual minorities in Albania and promote a national movement of social mobilization to protect and promote the rights of this community in Albania

  12. Legal Environment v. Business Law Courses: A Distinction without a Difference?

    Science.gov (United States)

    Miller, Carol J.; Crain, Susan J.

    2011-01-01

    The purpose of this article is to provide a content analysis and statistics on the law-related core course requirements in colleges of business to assist professors and administrators in making curriculum decisions. It examines the name of "undergraduate" law-based course requirements in the business core in 404 universities accredited by the…

  13. Barriers to Technological Acceptance in a Legal Environment: A Case Study of a Florida Law Firm

    Science.gov (United States)

    Owusu, Theophilus D.

    2010-01-01

    Technology is made available in the law firm to promote time efficient tasks and to provide resources that allows the accurate billing and storing of documents. This study examined the impact of three major technologies that are used by attorneys in a law firm. Quantitative procedures facilitated the identification of barriers to Personal Digital…

  14. Schools and the Law: Legal Trouble Spots and How To Avoid Them.

    Science.gov (United States)

    Jones, Rebecca

    2000-01-01

    To reduce liability risks, there are no substitutes for knowing law and policies, consulting with an attorney beforehand, providing adequate staff training, and documenting efforts. School law hot spots include negligence, religion, discipline policies, sexual harassment, magnet school diversity policies, and high-stakes testing. (MLH)

  15. CIVIL LAW AND THE DISREGARD OF THE LEGAL PERSONALITY OF COMPANIES LTDA

    Directory of Open Access Journals (Sweden)

    L. H. T. Macarenhas

    2016-07-01

    Full Text Available This paper will address the importance that the legal person has the right to and for society, the legal system itself has instruments to protect such institute, correcting fraud and abuse in its exercise. Through the theory of piercing the corporate veil, the distinctive personality and patrimonial autonomy are removed temporarily, making partners and managers are held accountable, as if the entity does not exist. The integration of theory disregard the Civil Code of 2002 is not about real innovation, because its application was already a reality in the Brazilian courts, even if the regulatory provisions dealing hitherto disregard of the doctrine were so confused and often sometimes even erroneous.

  16. Simion Bărnuţiu – Pioneer in the development of the law sciences and of the legal education in Romania

    Directory of Open Access Journals (Sweden)

    Iovan Marţian

    2017-12-01

    Full Text Available The author analyses in this paper S. Bărnuţiu’s contribution to the establishment of the legal education and to the development of the sciences of the Law in the Romanian area during the mid-19th century. Adept of the natural law philosophy, ardent promotor of human and people’s rights, Bărnuţiu remains a personality of reference in the Romanians’ history not only for being the political leader and ideologist of the Transylvanian 1848 Revolution, but also for establishing the legal education at the University of Iasi by inspiring himself from the curriculum of the profile schools of law from the Western Europe. Having a unitary conception on the law and on the history of law, considering the law from a systemic perspective, Bărnuţiu contributed into the edification of a modern, constitutional, and democratic State in the united Romanian Principalities.

  17. Legal and Policy Issues Regarding Niche Charter Schools: Race, Religion, Culture, and the Law

    Science.gov (United States)

    Eckes, Suzanne E.; Fox, Robert A.; Buchanan, Nina K.

    2011-01-01

    A growing number of ethnocentric or culturally oriented niche charter schools have opened around the country. These ethnic or culture-oriented models raise legal and policy concerns about church/state entanglement as well as concerns about diversity. Indeed, there has already been litigation focused on racial and ethnic aspects of charter schools…

  18. Embedded Advertising on Television: Classic Legal Environment and Business Law Content "Brought to You by ..."

    Science.gov (United States)

    Cain, Rita Marie

    2010-01-01

    Students are familiar with some or all depictions of branded products in popular television shows. But they probably have no idea the number of legal and public policy issues these product appearances are generating. This article explains how embedded advertising in television shows can be the attention-grabbing vehicle for teaching numerous…

  19. Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements

    DEFF Research Database (Denmark)

    Andrecka, Marta

    2016-01-01

    the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current...

  20. MEDICO-LEGAL HIV/AIDS, LAW AND ETHICS: A BRIEF ANALYSIS ...

    African Journals Online (AJOL)

    Enrique

    Health care professionals are in a unique situation, as both legal ... on managed care. The following human rights play an important role for people living with HIV: □ The right to (substantive) equality and non- discrimination. □ The right to privacy ... risks and obligations accompanying such refusal. It also sets a whole new ...

  1. The End of the Prohibition era: Questions about Injustice, Effectiveness of Laws and Legalization of Drugs

    Directory of Open Access Journals (Sweden)

    Hilbert Reis Silva

    2016-10-01

    Full Text Available This article aims to investigate the relationship between society, the prohibition and drug users through social, legal and criminological analysis, in order to review what happened with  regard  to  the  criminalization  of  drugs.  Thus,  this  article  aims  to  explore  the inconsistencies  in  the  brazilian  legal  system  regarding  the  drugs,  and  how  this  have intensified  discussions  about  legalization.  Therefore,  this  paper,  under  the  empirical- analytical focus and the use of hypothetical deductive approach – from the bibliographical and documentary analysis, aims to examine the prohibition and injustices policy, aiming to build prospects for the legalization of drugs.

  2. The Legal Status of Decisions by Human Rigths Treaty Bodies in National Law

    NARCIS (Netherlands)

    Nollkaemper, A.; van Alebeek, R.

    2011-01-01

    The success of UN human rights treaty monitoring mechanisms (such as the Human Rights Committee) depends largely on the influence that the findings of these bodies exert on national legal orders. This paper examines the effects that national courts can and do give to such findings. It examines, on

  3. Between Law and the Exception: The UN 1267 Ombudsperson as a Hybrid Model of Legal Expertise

    NARCIS (Netherlands)

    Sullivan, G.; de Goede, M.

    2013-01-01

    Security measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are

  4. The administrative agreement as a legal form for public services in comparative and roman law

    Directory of Open Access Journals (Sweden)

    Cristina IONAŞ

    2012-01-01

    Full Text Available Doctrinal discussions on the administrative agreement have arisen along with the economic, social and industrial development of European countries. The principle of separation of powers adopted in France after the Revolution of 1789, the need to protect private law subjects, has become increasingly necessary as private subjects may be affected by the exercise of public power. Gradually, given the need to protect the interest of both public and private sectors, it has been proceeded to create a system of administrative law, separate from the common law system.

  5. From undocumented to lawfully present: Do changes to legal status impact psychological wellbeing among latino immigrant young adults?

    Science.gov (United States)

    Patler, Caitlin; Laster Pirtle, Whitney

    2018-02-01

    Exclusionary immigration policies, as a form of structural racism, have led to a sizeable undocumented population that is largely barred from access to resources in the United States. Existing research suggests that undocumented immigration status detrimentally impacts mobility, yet few studies have tested the impacts of legal status on psychological wellbeing. Most importantly, we know little about how changes to legal status impact wellbeing. Announced in 2012, the Deferred Action for Childhood Arrivals (DACA) program allows eligible undocumented youth to apply for temporary lawful status. Drawing on cross-sectional survey data from 487 Latino immigrant young adults in California collected in 2014 and 2015, we analyze the predictors of three specialized outcomes related to immigrants' psychological wellbeing-distress, negative emotions, and deportation worry before and after a transition from undocumented to lawfully present status. Results show that retrospective reports of past psychological wellness, when all respondents were undocumented, are predicted primarily by socioeconomic status. However, reports of current psychological wellness are predicted by DACA status. Our results demonstrate, for the first time, the positive emotional consequences of transitioning out of undocumented status for immigrant young adults. Copyright © 2017 Elsevier Ltd. All rights reserved.

  6. The principles and values of the social state of law as a legal and political framework for resolving conflicts

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

    The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

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

    Directory of Open Access Journals (Sweden)

    Gabriela Ribeiro Farinha

    2015-12-01

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

  8. State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

    Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  9. Nuclear law and new legal concepts; Droit nucleaire et concepts juridiques nouveaux

    Energy Technology Data Exchange (ETDEWEB)

    Atias, Ch.; Warusfel, B. [Paris-5 Univ., 75 (France); Byk, Ch. [Association Internationale droit, ethique et science, 75 - Paris (France)

    2003-02-01

    The articles on this topic have been written from three of the papers of the Conference organized on January 14, in Paris by the 'Law and Insurance' Section of the French Nuclear Energy Society together with the French Section of the International Nuclear Law Association. The first two articles deal with transparency, its justifications and limits. The third article analyses the rights of the future generations and our duties towards them. (authors)

  10. Hoarding disorder and the legal system: A comparative analysis of South African and Dutch law.

    Science.gov (United States)

    Cramer, Richard; Vols, Michel

    Hoarding is an internationally recognised disability. Those who suffer from hoarding behaviour can be comfortably brought within the definition of disability found in the Convention on the Rights of Persons with Disabilities and should be provided with "reasonable accommodation" where doing so does not place an unjustified burden on others. However, hoarding also poses a threat to public health, and hoarders' behaviour may infringe on the rights of their neighbours and landlords. Thus, through their behaviour, hoarders may ultimately come into conflict with various areas of law, including neighbour law, housing law as well as administrative law. This article examines how hoarding may be addressed by the law in both South Africa and the Netherlands. It seeks to answer to what extent hoarders are provided with "reasonable accommodation" when their behaviour brings them into conflict of the law in these two jurisdictions. It also takes cognisance of the need to balance the provision of "reasonable accommodation" with the rights of neighbours and landlords. Finally, it seeks to assess which of the two jurisdictions provides the most balanced approach to handling hoarding, in light of the need for therapeutic jurisprudence. Copyright © 2016 Elsevier Ltd. All rights reserved.

  11. [Between the stigma and the law: legal abortion in Mexico City].

    Science.gov (United States)

    Lamas, Marta

    2014-01-01

    The present contribution is part of a research developed with qualitative social research methods. It offers part of the results attained in a study performed at a clinic belonging to Mexico City´s Government, and explores the effects on staff of the implementation of Legal Pregnancy Termination (ILE, for its initials in Spanish). The results highlights that, besides diminishing health risks in the women who abort, the use of misoprostol prompted assertive attitudes in many women, that reduced the negative effects produced by the stigma of abortion. It also acknowledges the persistence of stigma in the opinions of the health personnel. The empowering of the self-image of women who become subject to this procedure is due to the full exercise of their legal right.

  12. Legal nature of the functions of trade unions as the subjects of labor law

    OpenAIRE

    Вишновецька, Світлана Василівна; Самборська, Анастасія Геннадіївна

    2014-01-01

    The article defines the concept of "function of trade unions", reveals the function of trade unions as the main direction of their activities on the implementation representation and protection of the rights and interests of employees and employers before implementation of the powers of control over the observance of labor legislation and labor protection, scientists analyzed the position regarding the classification. English abstract S. Vyshnovetska , A. Samborska Legal nature of the functio...

  13. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

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

  14. Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Mariya Riekkinen

    2016-01-01

    Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

  15. Legal analysis at the Law for Civil liabilities by nuclear damage; Analisis juridico a la Ley de responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Gonzalez G, A

    2000-07-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  16. [THE LEGAL STATUS OF ELEMENTS AND PRODUCTS OF THE HUMAN BODY: OBJECT OR SUBJECT OF LAW?].

    Science.gov (United States)

    De Lameigné, Anaïs Gayte-Papon

    2015-07-01

    The 2004 Act on bioethics has amended the 1994 Act regarding the donation and the use of elements and products of the human body, medically assisted procreation and prenatal diagnosis. The very purpose of these laws led the legislature not to attempt the summa divisio order distinguishing the object to the person. The analysis of bioethical laws reveals the consecration of the non-commercialization of the human body at the expense of its unavailability. Bioethical laws appear to be catalysts of biological scientific advances releasing the status of the components and the products of the human body while framing it. By limiting scientific opportunities, they prevent human beings from trying to play the sorcerer's apprentice.

  17. The Global Commission on HIV and the Law: recommendations for legal reform to promote sexual and reproductive health and rights.

    Science.gov (United States)

    El Feki, Shereen; Avafia, Tenu; Fidalgo, Tania Martins; Divan, Vivek; Chauvel, Charles; Dhaliwal, Mandeep; Cortez, Clifton

    2014-11-01

    The Global Commission on HIV and the Law was established in 2010 to identify and analyse the complex framework of international, national, religious and customary law shaping national responses to HIV and the well-being of people living with HIV and key populations. Two years of deliberation, based on an exhaustive review of international public health and human rights scholarship, as well as almost 700 testimonials from individuals and organizations in more than 130 countries, informed the Commission's recommendations on reform to laws and practices that criminalize those living with and vulnerable to HIV, sustain or mitigate violence and discrimination lived by women, facilitate or impede access to HIV-related treatment, and/or pertain to children and young people in the context of HIV. This paper presents the Commission's findings and recommendations as they relate to sexual and reproductive health and rights, and examines how the Commission's work intersects with strategic litigation on forced sterilization of women living with HIV, legal reform on the status of transgender individuals, initiatives to improve police treatment of female sex workers, and equal property rights for women living with HIV in sub-Saharan Africa and Latin America. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  18. European Fundamental Rights and Private Law : The Dutch System in the Context of Different Legal Families

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia; Heiderhoff, Bettina; Lohsse, Sebastian

    2016-01-01

    The present chapter embeds the Dutch system of horizontal application of European fundamental rights in private law in the broader context of different groups (“families”) of European countries. Section 2 provides some definitions of “European fundamental rights”, “private law”, “vertical effect”,

  19. The legal nature of a lien in South African law | Wiese ...

    African Journals Online (AJOL)

    The South African law acknowledges two types of liens or rights of retention, namely enrichment liens and contractual liens (also known as debtor and creditor liens). Enrichment liens are regarded as limited real rights which are enforceable against the owner of the thing. Contractual liens are not regarded as limited real ...

  20. Disrupting Law School: How Disruptive Innovation Will Revolutionize the Legal World

    Science.gov (United States)

    Pistone, Michele R.; Horn, Michael B.

    2016-01-01

    Facing dramatic declines in enrollment, revenue, and student quality at the same time that their cost structure continues to rise and public support has waned, law schools are in crisis. A key driver of the crisis is shrinking employment opportunities for recent graduates, which stem in part from the disruption of the traditional business model…

  1. An EU law perspective on the role of legal authorities in the field of renewable energy

    NARCIS (Netherlands)

    Peeters, Marjan; Schomerus, Thomas; Peeters, Marjan; Schomerus, Thomas

    2014-01-01

    This chapter maps and analyses the specific position of regional authorities in view of EU climate and energy law. It specifically focuses on the role taken by such authorities in the light of the transition towards a society increasingly employing renewable energy. Section 2 discusses the potential

  2. Pregnancy Discrimination Litigation: Legal Erosion of Capitalist Ideology under Equal Employment Opportunity Law.

    Science.gov (United States)

    Edwards, Mark Evan

    1996-01-01

    Analysis of 82 court cases involving pregnancy discrimination, 1972-91, shows that this litigation revealed the gender bias of equal employment opportunity law and capitalist economic relations, eroded assumptions about economic imperatives for not accommodating pregnant workers, and laid the groundwork for the Family and Medical Leave Act of…

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

    Directory of Open Access Journals (Sweden)

    M S Pandit

    2009-01-01

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

  4. Russian law: the legal framework for foreign investment in the Russian petroleum industry - problems and progress

    International Nuclear Information System (INIS)

    Barmin, A.; Doeh, D.

    1994-01-01

    Recent developments in Russian law relating to foreign investment in the petroleum industry are reviewed. The central piece of legislation regulating foreign investment is the Law on Foreign Investments of 1991. Its significance is that it is opened up to foreign investment that had been a closed society but it did not set out how and or what conditions investors' rights were to be acquired and exercised. The main problems that have had to be dealt with include: determining which government authorities (federal, republic, regional etc.) have the power to grant petroleum exploration and production rights; determining the methods by which these rights may be obtained and on what terms; determining export rights; establishing the basis for taxation; establishing the general framework for foreign investment in Russia. The extent to which these issues have been resolved is discussed and remaining areas of concern considered. (UK)

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

    Science.gov (United States)

    Pandit, M S; Pandit, Shobha

    2009-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Magdalena Butrymowicz

    2016-09-01

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

  7. Insite or Outside the Law: Examining the Place of Safe Injection Sites within the Canadian Legal System

    Directory of Open Access Journals (Sweden)

    Aidan Macdonald

    2011-01-01

    Full Text Available In response to the mounting number of HIV/AIDS and overdose deaths directly attributable to intravenous drug use during the 1980 and 1990’s, governments across the world began considering alternatives to traditional prohibitionist drug policies. These alternatives, generally described as harm reduction strategies involving needle exchange programs and safe injection sites, rapidly gained acceptance across Europe. By contrast, they encountered significant opposition in North America. This thesis summarily traces the history of Canadian drug law, describing the development and impact of the harm reduction movement in Canada and the establishment of the first and only safe injection site (SIS in North America (Insite. Employing a repressive formalist analysis of the application of federal drug laws, I then examine the role of the current Conservative government in contesting harm reduction strategies and refusing full legalization of Insite. I illustrate that through the strategic manipulation and discriminatory enforcement of drug laws and political gamesmanship relating to the criteria grounding Insite’s exemption from current drug laws, the government has failed to fulfill a set of fundamental social values with respect to Insite’s users and members of the downtown eastside of Vancouver. Interviews with injection drug users, workers at Insite and residents of the local community provide empirical support for the beneficial effects of safe injection sites, and expose the politics of the struggle for Insite’s continued existence. I also show how the Conservative anti-drug ideologues have led a resistance against classifying drug addiction as a health-related rather than criminal problem, despite significant scientific evidence to the contrary, and how this resistance has resulted in the further marginalization of injection drug users.

  8. En-gender-ing legal reforms: Islamic law in Africa and East Asia

    OpenAIRE

    Pascale Fournier

    2011-01-01

    Women have been an integral part of the particular form of revolution that has erupted across the Arab world since early 2011. As part of their participation, women have articulated concrete demands for reform that reflect their aspirations for gender equality. Knowledge and understanding of existing circumstances are essential for meaningful and lasting change. Thus, this article attempts to bring to light the relationship between gender equality and Islamic law in various contexts,...

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

    OpenAIRE

    Magdalena Butrymowicz

    2016-01-01

    Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polis...

  10. International Law Studies. The War in Iraq: A Legal Analysis. Violume 86

    Science.gov (United States)

    2010-01-01

    means by which to defeat military adversaries. The subsequent Viet - nam conflict provided significant impetus to the development of the 1977 Addi...handle marriage , di- vorce, wills and estates for Muslims. The Courts of Civil Matters each have one judge and handle marriage , divorce, wills and estates...and the Restoration ofthe Rule ofLaw in Iraq The IHT is independent, both financially and administratively, from the Higher Juridical Council of Iraq

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

    OpenAIRE

    Afredo Bergés

    2013-01-01

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

  12. The legacy of minimum legal drinking age law changes: Long-term effects on suicide and homicide deaths among women

    Science.gov (United States)

    Grucza, Richard A; Hipp, Pamela R.; Norberg, Karen E.; Rundell, Laura; Evanoff, Anastasia; Cavazos-Rehg, Patricia; Bierut, Laura J.

    2013-01-01

    Background Prior to the establishment of the uniform drinking age of 21 in the United States, many states permitted legal purchase of alcohol at younger ages. Lower drinking ages were associated with several adverse outcomes, including elevated rates of suicide and homicide among youth. The objective of this study is to examine whether individuals who were legally permitted to drink prior to age 21 remained at elevated risk in adulthood. Methods Analysis of data from the U.S. Multiple Cause of Death files, 1990–2004, combined with data on the living population from the U.S. Census and American Community Survey. The assembled data contained records on over 200,000 suicides and 130,000 homicides for individuals born between 1949 and 1972, the years during which the drinking age was in flux. Logistic regression models were used to evaluate whether adults who were legally permitted to drink prior to age 21 were at elevated risk for death by these causes. A quasi-experimental analytical approach was employed which incorporated state and birth year fixed effects to account for unobserved covariates associated with policy exposure. Results In the population as a whole, we found no association between minimum drinking age and homicide or suicide. However, significant policy-by-sex interactions were observed for both outcomes, such that women exposed to permissive drinking age laws were at higher risk for both suicide (OR=1.12; 95% CI 1.05, 1.18, p=0.0003) and homicide (OR=1.15; 95% CI 1.04, 1.25; p=0.0028). Effect sizes were stronger for the portion of the cohort born after 1960, whereas no significant effects were observed for women born prior to 1960. Conclusions Lower drinking ages may result in persistent elevated risk for suicide and homicide among women born after 1960. The national drinking age of 21 may be preventing about 600 suicides and 600 homicides annually. PMID:22085045

  13. Legal Deposit in the Sultanate of Oman: The Law of Printing and Publishing and its Role in Building Oman’s Culture of Democracy

    Directory of Open Access Journals (Sweden)

    Naifa Eid Saleem

    2017-03-01

    Full Text Available Omani citizens participate in building the culture of democracy through the implementation of the legal deposit or the Law of Printing and Publishing. Legal deposit is the law that requires individuals and agencies who are responsible for printing and applying the law in Oman, whether they are publishers, printing houses or authors, to submit certain copies of their work or publications to a repository, usually a library. The present study aims to explore the reality of the Omani Law of Printing and Publishing and discover how the law defines the term "publications". In addition to the role of this law in building the Omani culture of democracy, the study uses an interpretive research paradigm of applied unstructured interviews and content analysis. Twenty-four printing houses were interviewed. The findings determined that definition of the term "publications", according to the law, is very general and covers different items, and the Law of Printing and Publishing plays an essential role in the building of Oman’s culture of democracy. The study also found that all of the printing houses interviewed participated in creating the Omani culture by depositing the requested copies of their publications, although four of them had negative beliefs about the law of "Printing and Publishing". In addition, the study found (19=79.1% of the sample interpreted the term "culture of democracy" in a positive way.

  14. Protection of crime victims by legal means: International and European law and policy

    Directory of Open Access Journals (Sweden)

    Groenhuijsen Marc

    2015-01-01

    Full Text Available The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described on a regional level in Europe. In 2001, the European Union adopted a Framework Decision (a legally binding instrument on minimum rights for crime victims in the criminal justice system. This document brought some improvement to victims and their position compared to the UN Declaration, particularly in terms of limit repeated questioning, advanced informational rights, reimbursement of expenses and construction of court facilities. Nevertheless, evaluations undertaken in 2004 and 2009 have proved that none of the Member States fully complied with its content. This document was replaced with the new one - the EU Directive on establishing minimum standards on the rights, support and protection of victims of crime. It is stronger instrument than the Framework Decision and it includes more demanding standards. But, its implementation needs to be monitored. Therefore, in the presentation it is argued that a lack of compliance is usually followed by the adoption of an even stronger legal instrument, containing even more ambitious rights for victims of crime. It is questioned whether this is the most productive approach. It is doubted that “hard law” is always more effective than “soft law”. The most recent generation of more elevated rights run the risk of leading to “victim fatigue” on the part of the officials responsible for the operation of the criminal justice system.

  15. LEGAL STATUS OF INDIVIDUAL BANKRUPT DEBTORS AFTER TERMINATION OF BANKRUPTCY AND REHABILITATION UNDER INDONESIAN BANKRUPTCY LAW

    Directory of Open Access Journals (Sweden)

    Sonyendah Retnaningsih

    2017-04-01

    Full Text Available The Indonesian bankruptcy law system adheres to the debt collective principle which is general seizure (sita umum of the debtor’s property as guarantee for the payment of debt through the bankruptcy institution. The principle of debt collective stresses that the debtor’s debt shall be paid immediately from the property owned by the debtor. Based on such principle, bankruptcy serves as a means of coercion to materialize the creditors’ rights through liquidation of the debtor’s assets. Bankruptcy law in Indonesia does not recognize the principle of debt forgiveness, among others, the implementation of debt relief granted to the debtor to pay off debts that are truly incapable of being fulfilled. According to the Bankruptcy Law, after the completion of the bankruptcy process, the debtor is no longer in a state of bankruptcy, because the end of bankruptcy has revoked the status of insolvent debtors, hence debtors are considered as being competent to take care of their property. However, the termination of bankruptcy does not necessarily absolve the debtor from the remainder of the debt; creditors are entitled to collect it and debtors are obligated to pay it off. Upon the completion of the bankruptcy process, debtors or their heirs may apply for rehabilitation. However, rehabilitation is only to be granted if all creditors state that they have obtained payment in a satisfactory manner, meaning that recognized creditors will not file claims against the debtor concerned again even though they may not have received payment on all of their outstanding receivables. Request for rehabilitation can only be granted if the debtor has completed the entire scheme of bankruptcy and creditors were satisfied with the payment.

  16. Italian law on the vehicular homicide: medical legal issues and comparative analysis.

    Science.gov (United States)

    Montanari Vergallo, G; Marinelli, E; di Luca, N M; Masotti, V; Cecchi, R; Zaami, S

    2017-01-01

    Law no. 41/2016, enacted after a parliamentary debate characterized by a strong media pressure, intends to give a strong response to the growing social alarm caused by road accidents causing deaths. In this perspective, it introduced the categories of road homicide and road injuries within the Penal Code and the new hypotheses of mandatory and facultative arrest in flagrante delicto. This paper aims at comparing the rules by which the United Kingdom, France, Spain, Germany and Italy protect people's lives and safety of vehicular traffic in order to highlight strengths and weaknesses with a view to future reforms. A survey on the European legislature highlights that, while other countries tend to criminally sanction several dangerous driving conducts, Italy has preferred, on the one hand, to punish only with administrative sanctions some violations related to reckless driving (with the exception of driving under the influence of alcohol and drugs) and, on the other, to provide for particularly harsh prison sentences in the case of vehicular homicide. The authors criticize this approach and other aspects of the new law. Moreover, it seems that the legislator's aim has not been achieved because traffic accidents have not decreased. They also believe that better results could be obtained by increasing controls on the roads and developing a policy of economical investments which improves road safety.

  17. Legal provisions concerning the handling and disposal of radioactive waste in international and national law

    International Nuclear Information System (INIS)

    Bischof, W.

    1980-01-01

    A short survey is given on the situation of international legislation concerning radioactive waste handling and disposal. There are special rules on the disposal of nuclear waste in a number of conventions (Geneva 1958, London 1972, Helsinki 1974, Paris 1974, Barcellone 1976) on the protection of the marine environment and of the high sea against pollutions. In 1974 and 1978, the International Atomic Energy Agency made further recommendations concerning radioactive wastes referred to in the London Convention. In 1977, the Organisation for Economic Cooperation and Development also set up within its Nuclear Energy Agency (NEA) a multilateral consultation and surveillance mechanism for the sea-dumping of radioactive waste. The NEA has since published recommendations on the sea-dumping of radioactive waste. In 1975, it was agreed to abide by the Antarctic Treaty of 1959 not to dispose any nuclear waste on the Antarctic Region. There is at present no absolute prohibition of radioactive waste disposal in outer space but the Member States of the United Nations are responsible for such activities. As regards national legislation, the legal provisions for 13 different countries on radioactive waste disposal are listed. (UK)

  18. A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010.

    Science.gov (United States)

    Levels, Mark; Sluiter, Roderick; Need, Ariana

    2014-10-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal developments differed dramatically between countries. Existing comparative studies on abortion laws in Western-European countries lack detail, usually focus either on first-trimester abortions or second trimester abortions, cover a limited time-span and are sometimes inconsistent with one another. Combining information from various primary and secondary sources, we show how and when the conditions for legally obtaining abortion during the entire gestation period in 20 major Western-European countries have changed between 1960 and 2010. We also construct a cross-nationally comparable classification of procedural barriers that limit abortion access. Our cross-national comparison shows that Western-Europe witnessed a general trend towards decreased restrictiveness of abortion laws. However, legal approaches to regulating abortion are highly different in detail. Abortion access remains limited, sometimes even in countries where abortion is legally available without restrictions relating to reasons. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

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

    Science.gov (United States)

    Muzeyen, R; Ayichiluhm, M; Manyazewal, T

    2017-07-01

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

  20. The legality of unilateral increase of interest rate in banking loan contracts under Serbian law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila I.

    2016-01-01

    circumstances which the debtor could not influence. In most cases the bank could have influenced these circumstance or at least taken them into consideration at the time of the formation of contract. If not, they still fall within the bank's sphere of control or the bank bears the risk of their occurrence. The uniform approach of the courts, both in respect to credit contracts in which the debtor is a consumer, and contracts in which the debtor does not qualify as consumer, is that these clauses in loan contracts are null and void, since they are contrary to principles of good faith and equal value of reciprocal obligations, on the one hand, and make the object of the contract unascertainable, on the other. The courts, however, hardly ever declare the contract null and void in its entirety, but rather apply the rules on partial invalidity. Until the adoption of the Law on the Protection of Financial Services Consumers in 2011, the courts could render their decisions based only on the rules of general contract law pursuant to the Law on Obligations from 1978. The Law on the Protection of Financial Services Consumers explicitly forbids the modification of variable interest rate due to changes in the business policy or internal acts of the bank and prescribes that only officially published data or criteria may be used as variable elements of the interest rate. By this means, stipulating the right of the bank to subsequently, unilaterally and, in fact, freely increase the interest rate, a practice frequently applied in cases in which it was not economically justified, became statutorily forbidden.

  1. Feminicide in Latin America: legal vacuum or deficit in the rule of law?

    Directory of Open Access Journals (Sweden)

    Celeste Saccomano

    2017-12-01

    Full Text Available The escalating number of violent female homicides committed by men over the last two decades has compelled many Latin American countries to classify (typify the crime of gender-based homicide as “feminicide” (or “femicide”. Their objective was to raise awareness and thereby decrease the number of feminicides committed per year. However, although the rate of feminicide fell in many countries, it rose again in subsequent years. In this study, a dataset was built on the rate of feminicide between 2000 and 2014, and an analysis is made of influencing factors. The criminalisation (typification of feminicide is not found to be significant to predict the rate of feminicide. Instead, low levels of the rule of law and a lack of female representation in decision-making bodies such as national parliaments are found to be the most significant factors in explaining the variation in feminicide trends.

  2. Mainstreaming Human Rights Under National and International Law: Legal and Epistemic Question

    Directory of Open Access Journals (Sweden)

    Damilola S. Olawuyi

    2013-09-01

    Full Text Available Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope of human rights mainstreaming and the practical aspects of human rights mainstreaming, particularly whether institutions consisting of ‘outsiders’ to the human rights epistemic community can interpret and enforce human rights obligation. Put simply, do environmentalists, scientists and outsiders to human rights have the capacity to mainstream human rights? This paper examines the scope and tenets of human rights mainstreaming, it then discusses the practical aspects of mainstreaming human rights into policy making, particularly how epistemic concerns on human rights mainstreaming can be addressed in national and international policy design and implementation.

  3. The legacy of minimum legal drinking age law changes: long-term effects on suicide and homicide deaths among women.

    Science.gov (United States)

    Grucza, Richard A; Hipp, Pamela R; Norberg, Karen E; Rundell, Laura; Evanoff, Anastasia; Cavazos-Rehg, Patricia; Bierut, Laura J

    2012-02-01

    Prior to the establishment of the uniform drinking age of 21 in the United States, many states permitted legal purchase of alcohol at younger ages. Lower drinking ages were associated with several adverse outcomes, including elevated rates of suicide and homicide among youth. The objective of this study is to examine whether individuals who were legally permitted to drink prior to age 21 remained at elevated risk in adulthood. Analysis of data from the U.S. Multiple Cause of Death files, 1990 to 2004, combined with data on the living population from the U.S. Census and American Community Survey. The assembled data contained records on over 200,000 suicides and 130,000 homicides for individuals born between 1949 and 1972, the years during which the drinking age was in flux. Logistic regression models were used to evaluate whether adults who were legally permitted to drink prior to age 21 were at elevated risk for death by these causes. A quasi-experimental analytical approach was employed, which incorporated state and birth-year fixed effects to account for unobserved covariates associated with policy exposure. In the population as a whole, we found no association between minimum drinking age and homicide or suicide. However, significant policy-by-sex interactions were observed for both outcomes, such that women exposed to permissive drinking age laws were at higher risk for both suicide (OR = 1.12, 95% CI: 1.05, 1.18, p = 0.0003) and homicide (OR = 1.15, 95% CI: 1.04, 1.25, p = 0.0028). Effect sizes were stronger for the portion of the cohort born after 1960, whereas no significant effects were observed for women born prior to 1960. Lower drinking ages may result in persistent elevated risk for suicide and homicide among women born after 1960. The national drinking age of 21 may be preventing about 600 suicides and 600 homicides annually. Copyright © 2011 by the Research Society on Alcoholism.

  4. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  5. Business Law

    DEFF Research Database (Denmark)

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

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

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

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

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

  7. State-level legal preparedness for nuclear and radiological emergencies in the U.S.: a network analysis of state laws and regulations.

    Science.gov (United States)

    Guclu, Hasan; Ferrell Bjerke, Elizabeth; Galvan, Jared; Sweeney, Patricia; Potter, Margaret A

    2014-01-01

    This study explored if and to what extent the laws of U.S. states mirrored the U.S. federal laws for responding to nuclear-radiological emergencies (NREs). Emergency laws from a 12-state sample and the federal government were retrieved and translated into numeric codes representing acting agents, their partner agents, and the purposes of activity in terms of preparedness, response, and recovery. We used network analysis to explore the relationships among agents in terms of legally directed NRE activities. States' legal networks for NREs appear as not highly inclusive, involving an average of 28% of agents among those specified in the federal laws. Certain agents are highly central in NRE networks, so that their capacity and effectiveness might strongly influence an NRE response. State-level lawmakers and planners might consider whether or not greater inclusion of agents, modeled on the federal government laws, would enhance their NRE laws and if more agents should be engaged in planning and policy-making for NRE incidents. Further research should explore if and to what extent legislated NRE directives impose constraints on practical response activities including emergency planning.

  8. The Legal Status of the Spanish Imperial Eagle in Spain and Thoughts on Environmental Law and Policy as Contributing Factors in the Conservation of Species

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2014-12-01

    Full Text Available This contribution reflects on the contributory role of environmental law and policy in the successful conservation interventions on behalf of the rare Spanish Imperial Eagle (Aquila Adalberti, with the aim of gaining insights that may be more universally applicable, including in jurisdictions such as South Africa. An overview of applicable international, European and Spanish laws and policies is given, and the role played by these instruments is considered together with successes attained with diverse conservation goals in respect of the Spanish Imperial Eagle. The exceptionally comprehensive character of the legal protection of the Spanish Imperial Eagle is highlighted, in conjunction with some extra-legal factors that have contributed to successful outcomes. While quantification of the role of the law in the conservation of a species remains elusive, it is probably safe to conclude that environmental law and policy have played a vital and central role in the improvement of the conservation status of the Spanish Imperial Eagle. It is submitted that the conservation interventions on behalf of the Spanish Imperial Eagle show that concerted legal and other conservation interventions can effectively halt and reverse the decline of an endangered species. However, such interventions are onerous and expensive and ideally, effective conservation measures should be in place before populations have declined to a critical level. Birds of prey face similar threats in South Africa and Spain, and a number of South African raptor species will soon be classified as endangered. While South African biodiversity laws and policy are similar to the European and Spanish laws in general import and methodology, the South African laws and policy are more restricted in scope, less detailed and less prescriptive. When comparing the use of Spanish and South African legislation in the conservation of birds of prey, sight must not be lost of the varying conservation needs

  9. At the Crossroads of National and European Union Law. Experiences of National Judges in a Multi-level Legal Order

    NARCIS (Netherlands)

    U. Jaremba (Urszula)

    2013-01-01

    markdownabstract__Abstract__ The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but

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

    Science.gov (United States)

    Holobinko, Anastasia

    2012-10-10

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

  11. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

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

  12. Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.

  13. Legal Knowledge as a Tool for Social Change: La Mesa por la Vida y la Salud de las Mujeres as an Expert on Colombian Abortion Law.

    Science.gov (United States)

    González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

    2017-06-01

    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.

  14. Buyer Beware: Negotiating Legal and Fair Contracts between Schools and Food and Beverage Companies. A Legal Memorandum: Quarterly Law Topics for School Leaders, Fall 2004

    Science.gov (United States)

    Underwood, Julie

    2004-01-01

    Exclusive vending contracts with food and beverage companies can produce much-needed revenue for school districts. However, these pouring and vending contracts as well as other forms of exclusive vendor contracts are often the subject of contentious public debate and legal challenges. Even the language used to refer to such agreements varies:…

  15. Legal protection for the forest. An ecological orientation of the law appears to be a necessity. Rechtsschutz fuer den Wald. Oekologische Orientierung des Rechts als Notwendigkeit der Ueberlebenssicherung

    Energy Technology Data Exchange (ETDEWEB)

    Baumann, W. (ed.)

    1986-01-01

    For years the signs indicating a disastrous dying of trees have been increasing. Environmental associations talk about a 'national cultural disaster'. An 'ecological holocaust' feared by so many would have fatal consequences for water, air, many animal and plant species and, of course, for mankind itself. Forestry already suffers major losses. The legal sciences have so far kept away from any attempt to cope with the death of the forest. This is to be regretted all the more as it has been instrumental in laying down the law caused the critical situation of the forest. In this book authors with different scientific backgrounds discuss the problems in order to find new legal remedies for the ailing forest. An 'ecological orientation' of the law appears to be a necessity.

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

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

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

  17. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  18. Sources Of Law And Circulation Of Legal Designs: Judicial Precedents In Common Law Systems And The New Code Of Civil Procedure

    OpenAIRE

    Soares, Fabiana de Menezes; Maciel, Caroline Stéphanie Francis dos Santos

    2016-01-01

    The new Code of Civil Procedure stipulated the enforcement of judicial precedents in brazilian law, as way to unify and stabilise the Courts decisions. Therefore, this paper retuns to the qualifying background of this institute as a source of law, in order to better comprehend its framework. In a row, the essay recover precedent’s theoretical basis and its functioning within common law tradition, which can contribute greatly to the entrechment of a doctrine of precedent law in Brazil.

  19. Sources Of Law And Circulation Of Legal Designs: Judicial Precedents In Common Law Systems And The New Code Of Civil Procedure

    Directory of Open Access Journals (Sweden)

    Fabiana de Menezes Soares

    2016-12-01

    Full Text Available The new Code of Civil Procedure stipulated the enforcement of judicial precedents in brazilian law, as way to unify and stabilise the Courts decisions. Therefore, this paper retuns to the qualifying background of this institute as a source of law, in order to better comprehend its framework. In a row, the essay recover precedent’s theoretical basis and its functioning within common law tradition, which can contribute greatly to the entrechment of a doctrine of precedent law in Brazil.

  20. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).

  1. Nutrition Advice and Recipes

    Science.gov (United States)

    ... Sign-Up Home Patient Information Nutrition Advice & Recipes Nutrition Advice & Recipes This is a very important section ... information on all aspects of daily life, including nutrition, medical treatments, pain management, and practical tips. For ...

  2. Review of a monograph by P. N. Panchenko «State-legal regularities in the history and theory of state and law and criminal law». Moscow: «Jurisprudence» Publishers, 2014. 518 p.

    Directory of Open Access Journals (Sweden)

    Gennadiy N. Gorshenkov

    2015-12-01

    Full Text Available The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author39s position is discussed that the normativelegal acts should meet not the legislatorsrsquo ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author39s attitude to modern criminology. The author39s attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life. nbsp

  3. The European Divorce (Applicable Law Council Regulation (EU No 1259/2010 of 20 December 2010 Implementing Enhanced Cooperation in the Area of the Law Applicable to Divorce and Legal Separation

    Directory of Open Access Journals (Sweden)

    Crina Alina Tagarta (DE SMET

    2015-05-01

    Full Text Available The main objectives with this paper are to give a brief overview of the Scope of application of the regulation; of the main conflict-of-law rules adopted by the regulation, in special those that are more relevant to the role that a notary might have in an international divorce situation. The regulation provides citizens with appropriate outcomes in terms of legal certainty, predictability and flexibility, protects weaker partners during divorce disputes and prevents 'forum shopping'. This also helps avoiding complicated, lengthy and painful proceedings. More specifically, it allows international couples to agree in advance which law would apply to their divorce or legal separation as long as the agreed law is the law of the Member State which they have a closer connection with. In case the couple cannot agree, the judges can use a common formula for deciding which country's law applies. This paper will bring to light some risks and coordination difficulties with the regulation and a few matters that the regulation does not apply to.

  4. Paul Ricoeur and international law: beyond 'the end of the subject': towards a reconceptualisation of international legal personality

    NARCIS (Netherlands)

    Nijman, J.E.; Johns, F.

    2010-01-01

    The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both

  5. The new transnational payments law and global consumer trade : Online platforms as providers of private legal orders

    NARCIS (Netherlands)

    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

  6. Medical marijuana laws in 50 states: investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence.

    Science.gov (United States)

    Cerdá, Magdalena; Wall, Melanie; Keyes, Katherine M; Galea, Sandro; Hasin, Deborah

    2012-01-01

    Marijuana is the most frequently used illicit substance in the United States. Little is known of the role that macro-level factors, including community norms and laws related to substance use, play in determining marijuana use, abuse and dependence. We tested the relationship between state-level legalization of medical marijuana and marijuana use, abuse, and dependence. We used the second wave of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a national survey of adults aged 18+ (n=34,653). Selected analyses were replicated using the National Survey on Drug Use and Health (NSDUH), a yearly survey of ∼68,000 individuals aged 12+. We measured past-year cannabis use and DSM-IV abuse/dependence. In NESARC, residents of states with medical marijuana laws had higher odds of marijuana use (OR: 1.92; 95% CI: 1.49-2.47) and marijuana abuse/dependence (OR: 1.81; 95% CI: 1.22-2.67) than residents of states without such laws. Marijuana abuse/dependence was not more prevalent among marijuana users in these states (OR: 1.03; 95% CI: 0.67-1.60), suggesting that the higher risk for marijuana abuse/dependence in these states was accounted for by higher rates of use. In NSDUH, states that legalized medical marijuana also had higher rates of marijuana use. States that legalized medical marijuana had higher rates of marijuana use. Future research needs to examine whether the association is causal, or is due to an underlying common cause, such as community norms supportive of the legalization of medical marijuana and of marijuana use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  7. Seven law concepts on nuclear non-proliferation suggested by the International Group of Legal Experts (ILG)

    Energy Technology Data Exchange (ETDEWEB)

    Steen, G. [Djursholm (Sweden); Wredberg, L. [ILG Consultant LTD, Vienna (Austria)

    2001-03-01

    The ILG has worked as an independent group under the Swedish Support Programme on Nuclear Non-Proliferation in Central and Eastern Europe and Central Asia. The ILG's mission is concluded with this report. When developing the seven Law Concepts on national nuclear legislation that are presented in this report, the ILG has applied certain basic principles, which are firmly established in modern Western legislation. A summary of these principles is made here. They are essential cornerstones in laws and regulations that apply both to the nuclear industry and to other high technology areas, characterised by advanced safety and security requirements. Of essential importance is that the Operator alone is responsible for the fulfilment of requirements stipulated in laws and authority directives. The technical complexity of the nuclear industry and the far-reaching requirements on safety and security necessitate a qualified and complete national system of legislation and regulations. As all legislation in general, the nuclear legislation should be clear, easy to understand and give little room for misunderstandings and loopholes. It should also present the legally established requirements on safety and security in a form that facilitates the application and implementation by both state authorities, facility operators and individuals. The investigations of the causes of the Three Mile Island and Chernobyl accidents brought into focus the impact on nuclear safety from human failure. As a consequence, increased emphasis has since then been put on the development of an overall high safety culture in the nuclear field. It is recognised that a good safety culture also promotes the non-proliferation systems and safeguards measures and helps to reduce the risk of illicit trafficking. In a high safety culture environment, each individual facility employee has to be motivated and encouraged to carry out the assigned duties and responsibilities in accordance with rules and

  8. Seven law concepts on nuclear non-proliferation suggested by the International Group of Legal Experts (ILG)

    International Nuclear Information System (INIS)

    Steen, G.; Wredberg, L.

    2001-03-01

    The ILG has worked as an independent group under the Swedish Support Programme on Nuclear Non-Proliferation in Central and Eastern Europe and Central Asia. The ILG's mission is concluded with this report. When developing the seven Law Concepts on national nuclear legislation that are presented in this report, the ILG has applied certain basic principles, which are firmly established in modern Western legislation. A summary of these principles is made here. They are essential cornerstones in laws and regulations that apply both to the nuclear industry and to other high technology areas, characterised by advanced safety and security requirements. Of essential importance is that the Operator alone is responsible for the fulfilment of requirements stipulated in laws and authority directives. The technical complexity of the nuclear industry and the far-reaching requirements on safety and security necessitate a qualified and complete national system of legislation and regulations. As all legislation in general, the nuclear legislation should be clear, easy to understand and give little room for misunderstandings and loopholes. It should also present the legally established requirements on safety and security in a form that facilitates the application and implementation by both state authorities, facility operators and individuals. The investigations of the causes of the Three Mile Island and Chernobyl accidents brought into focus the impact on nuclear safety from human failure. As a consequence, increased emphasis has since then been put on the development of an overall high safety culture in the nuclear field. It is recognised that a good safety culture also promotes the non-proliferation systems and safeguards measures and helps to reduce the risk of illicit trafficking. In a high safety culture environment, each individual facility employee has to be motivated and encouraged to carry out the assigned duties and responsibilities in accordance with rules and regulations

  9. Influence Of The Islamic Laws On The Constitutional Legal Regulation In The Countries Of The Middle East (On The Example Of Syria And Iraq

    Directory of Open Access Journals (Sweden)

    Nina V. Volodina

    2014-09-01

    Full Text Available In the present article author conducts research and compares certain elements of Islamic Laws with norms of constitutional law having special value in the countries of Middle East. Legal norms and religious dogmas coincide in Islam on the functioning mechanism as standard regulators of life. Features of constitutional legal regulation of the states of Syria and Iraq relationships with religious associations are considered. It is noted that in any Islamic state the conventional principles and norms of international law correspond to the Quran. In the conclusion author outs forward an idea that: law is closely connected with policy, and the legal base is most often formed depending on political ambitions and religious views of the leader or group of leaders influencing policy in this or that country, not an exception is also the sphere of the state and religious associations relationship. When forming relationship with such country as Syria, it is necessary to consider also those facts, for example, that the leader of this country is an alafit and his religious views are closely connected with imamat, i.e. with ideas of the Talib. Note that in Russian Federation the religious organization "Taliban" is defined as extremist and terrorist. Besides, young people from different countries (including Russia in the desire to improve their religious education go to countries of the Middle East, including Syria in which the number of madrasah increases every year. On the example of Syria in spite of the fact that constitution of this country has a secular focus and leaders put forward the thesis about modernization and good breeding of society, in practice there is a real Islamization of the country and discrimination of other religious beliefs.

  10. The Legal Regime of Nuclear Power Satellites-A Problem at the Cross-Roads of Nuclear Law and Space Law

    International Nuclear Information System (INIS)

    Courteix, S.

    1992-01-01

    The number of nuclear-powered satellites rises constantly and, recalling the fear generated by the crash of the Cosmos 954 satellite, the author points out that radioactive debris falling on earth could represent as great a hazard as accidental releases of radioactive material from land-based nuclear installations. Such satellites, therefore, can be governed by both space law and nuclear law. On the basis of international conventions applicable in the two fields and also with reference to the Law of the Sea and environmental law, the article analyses preventive and radiation protection measures as well as emergency plans and also raises the problem of liability and compensation for damage. (NEA)

  11. Criminal law in the system of legal instruments under environmental law. Shown by examples of German and U.S. American clean air policy; Das Strafrecht im System umweltrechtlicher Instrumentarien. Am Beispiel deutscher und US-amerikanischer Luftreinhaltepolitik

    Energy Technology Data Exchange (ETDEWEB)

    Rohr, B.M. von

    1995-12-31

    The authoress presents an analysis of the entire range of governmental instruments and measures and their systematic interlacement, as available under the German or the U.S. American law for protection of the environment. This analysis is the basis for the subsequent study aiming at clarifying the legitimacy and the required design of laws and regulations defining crimes and sanctions or penalties in the system of environmental law. The authoress derives a characterisation of legislative intent and mode of application of environmental criminal law which differs from that of the ``classic`` criminal law. Pursuing from this characterisation of legal instruments and methods, and from the framework of governmental action and related alternatives available under U.S. legislation, the authoress explains a number of appoaches recommended for reform and amendment of the current German system of environmental criminal law, which hitherto has shown low efficiency. (orig.) [Deutsch] Die Autorin nimmt eine Analyse der Gesamtheit staatlicher Massnahmen und ihrer systematischen Beziehungen im deutschen und US-amerikanischen Umweltrecht vor. Diese Analyse bildet die Grundlage der zentralen Frage der Untersuchung nach der Legitimitaet und notwendigen Struktur umweltstrafrechtlicher Normen. Dabei kommt die Autorin zu einer vom klassischen Kernstrafrecht abweichenden Funktionsbestimmung des Umweltstrafrechts. Ausgehend von dieser Positionsbestimmung des Strafrechts und den in den USA vorgefundenen Handlungsalternativen entwickelt die Autorin eine Reihe von Reformvorschlaegen als Antwort auf die derzeitige Ineffizienz der des deutschen Umweltstrafrechts. (orig.)

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

    Directory of Open Access Journals (Sweden)

    Afredo Bergés

    2013-12-01

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

  13. Can a Patriarchal World Be Corrected by a Criminal Law? Feminist Struggles, Penal Justice and Legal Reform in France (1970–1980

    Directory of Open Access Journals (Sweden)

    Jean Bérard

    2016-03-01

    Full Text Available This article describes (1 the relationship between the demands made by feminist movements of the 1970s in cases of sexual violence and criticism of the criminal justice system by these movements and other groups, including the prisoners’ movement; and (2 the relationship between this debate and the legal process of reforming the definition and punishment of rape. Two periods are analyzed. In the early 1970s, the common cause of very different movements targeting the law was the priority given to the defense against forms of repression and disciplinary institutions. After 1975, the demands of feminist and prisoner movements diverged and even conflicted. One camp called for an offensive approach to changing the legal punishment of rape whereas the other camp fought against penal reforms imposed by the government and, more specifically, against long sentences.

  14. A New Book on the Law System of the Golden Horde: Pochekaev R.Yu. Legal Culture of the Golden Horde (Historical and Legal Essays (Moscow: Yurlitinform, 2015. 312 p.

    Directory of Open Access Journals (Sweden)

    D.V. Nefedov

    2016-12-01

    Full Text Available This book is a study at the intersection of such academic disciplines as general history, history of state and law and source study. The subcect of R.Yu. Pochevalev’s book appears very relevant since the interest of the scientific community and readership toward the Golden Horde and its role in the history of the Russian state remains traditionally high for several centuries. However, the author is trying to take a fresh look at this state and refute the stereotype of the Golden Horde as a some kind of bunch of nomads who lived only by plundering neighboring sedentary peoples. He succeeds in this by studying such an important part of the Golden Horde history as its law and legal culture. The book examines a number of questions on the history of state and law of the Golden Horde, which have not previously been the subject of a special study (for example, possessions of the Golden Horde in other uluses, dualism of power in different states, relations between authorities and traders, etc.. On some other issues that have already been studied by experts, he proposes new interpretations in the framework of historical and legal approach (for example, the causes of intestine strife in the Golden Horde in the mid-14th century, yarliks of the Golden Horde khans granted to the Russian Chruch, relations of the Golden Horde rulers and Italian colonies in the Northern Black Sea region. The author examines to a great extent the themes of state and legal regulation of economic relations: status of merchants in the Golden Horde and post-Golden Horde states, role of economic sanctions in the resolution of political conflicts. In other essays contained in the book, the author also emphasizes the role of the economic component of the political and legal relations. For example, R.Yu. Pochekaev convincingly shows that relations of the Golden Horde with other states of the Mongol Empire was based on the principle of mutual provision of possessions to the rulers of

  15. The Reluctance of Civil Law Countries in Adopting “the Without Breach of Peace” Standard of UCC Article 9: Evidence from National and International Legal Instruments Governing Secured Transactions

    DEFF Research Database (Denmark)

    Gikay, Asress Adimi; Stanescu, Catalin Gabriel

    2017-01-01

    tradition. Based on comparative analysis of secured transactions laws of the US, the UK, Romania, and Hungary (representing national laws), and the Cape Town Convention on International Interests in Mobile Equipment along with the Aircraft Protocol and the Draft Common Frame of Reference (representing...... international legal instruments), this article demonstrates that continental European legal systems are generally apprehensive with the “without breach of peace” standard. Thus, they are reluctant to transplant it to their legislation and try to either modify it or replace it with different legal requirements...

  16. THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia

    Directory of Open Access Journals (Sweden)

    Maret Priyanta

    2016-12-01

    Full Text Available The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL, which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.

  17. GENERAL PRINCIPLES OF EU (CRIMINAL LAW: LEGALITY, EQUALITY, NON-DISCRIMINATION, SPECIALTY AND NE BIS IN IDEM IN THE FIELD OF THE EUROPEAN ARREST WARRANT

    Directory of Open Access Journals (Sweden)

    NOREL NEAGU

    2012-05-01

    Full Text Available This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a ”journey to the unknown” for European citizens in respect to legislation of other member states of the EU.

  18. Joint Parental Authority : A comparative legal study on the continuation of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law and the CEFL principles

    NARCIS (Netherlands)

    Jeppesen, C.G.

    2008-01-01

    This book provides a comparative legal study on the continuation of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law. In addition, the Principles regarding Parental Responsibilities which have been drafted by the Commission on European Family Law are

  19. The gentleman’s agreement in legal theory and in modern practice : the Dutch civil law perspective

    NARCIS (Netherlands)

    Grosheide, F.W.

    1998-01-01

    According to an often quoted saying a gentleman’s agreement is an agreement which is not enforceable at law and binding only as a matter of honour. Honour, so the saying suggests, does not belong to the province of civil law. However, on second thoughts this suggestion may appear to be not very

  20. We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

    NARCIS (Netherlands)

    Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

    2015-01-01

    In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at

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

    Directory of Open Access Journals (Sweden)

    Susanne D. Burri

    2013-01-01

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

  2. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... 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....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....

  3. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...

  4. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

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

  5. Innovative Use of the Law to Address Complex Global Health Problems Comment on "The Legal Strength of International Health Instruments - What It Brings toGlobal Health Governance?"

    Science.gov (United States)

    Walls, Helen L; Ooms, Gorik

    2017-05-20

    Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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

    Directory of Open Access Journals (Sweden)

    Gema Varona

    2017-08-01

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

  7. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

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

  8. Regulating household financial advice

    Directory of Open Access Journals (Sweden)

    Benjamin F. Cummings

    2012-08-01

    Full Text Available This paper reviews economic theory related to investment advice. This theory explains 1 why financial advisors need to be carefully regulated for the benefit of both the investment advice industry and for consumers, 2 why principles-based regulation (e.g., a fiduciary standard is more efficient than rules-based regulation, 3 why dual regulation of financial professionals providing investment or insurance advice is inefficient and inequitable policy, and 4 why the application of a universal and uniform fiduciary standard will be difficult to implement.

  9. The Legal Importance of Blood Alcohol Limits for Driving in German Law with a Comparative Study of Emirati and Egyptian Legislation

    Directory of Open Access Journals (Sweden)

    Abdulsallam A. Bakdash

    2017-06-01

    Full Text Available Driving under the influence of alcohol or drugs (DUI is a crime or offence according to the laws of most countries. DUI increases the risk of traffic accidents as well as the severity and outcome of injuries that result from them. Some countries have a sophisticated control system to monitor DUI of alcohol in all traffic accidents. There is variation between different countries regarding the concept of driving under the influence of alcohol as well as the legal limits of Blood Alcohol Concentration (BAC and the requirements to test the victims of accidents. This paper reviews the limit values for BAC in German traffic law (Administrative Offences Act, which stipulates a BAC value of 0.50 mg/g and a breath alcohol value of 0.25 mg/L as a marginal value for the application of punitive measures. German criminal law defines the minimum BAC values of relative unfitness to drive and absolute unfitness to drive as 0.3 mg/g and 1.10 mg/g, respectively (1.60 mg/g for cyclists.The minimum BAC values representing significant impairment and absolute impairment in criminal cases are 2.00 mg/g and 3.00 mg/g, respectively. Different penalties and legal consequences result according to the BAC level of an offender. In contrast, only eight out of twenty-two Arab countries recognise BAC limit values only in traffic laws. In Jordan, the BAC limit is 0.75 mg/g (0.08 g/dL.in the UAE, the BAC limit is 0.094 mg/g (0.01 g/dL, while Egyptian law does not recognise BAC values in the application of sanctions: the mere presence of alcohol in blood, regardless of its concentration and effect, is a sufficient and adequate condition for punishment. Accordingly, this study encourages lawmakers in Arab countries to define the limit values for BAC when investigating any crime in general and traffic offences in particular, in close cooperation with forensic doctors and toxicologists. It urges them to consider different BAC and their effects in relation to traffic offences. It

  10. Telemedicine and the law

    International Nuclear Information System (INIS)

    Pilloy, W.J.; Lewalle, L.; Pilloy, S.

    2004-01-01

    Full text: Aim: To identify the legal and ethical obstacles to the development of tele (nuclear) medicine, and to propose solutions. Material and method: Lessons have been drawn from 4 years practice of telemedicine between Luxemburg and 5 European centres. Problems so raised have been confronted with the US and EU literature. Results: Academic applications (web sites, teaching, hospital networks) are yet functional and are not dealt with here. Difficulties arise in case of 1st reading (e.g. 24 hour service), 2nd reading (expert advice) or distant reading (locum, service in remote places). In most applications, the relation is doctor to doctor; patient issues like quality of content, freedom of choice are minor. A body of laws, rules and directives apply to other issues. Confidentiality is ruled by the EU Directives on the Protection of Individuals and on Data Protection. Data are commonly encrypted/anonymized. Consent and free choice are ruled by the law of medicine. A doctor requiring 2nd advice stays in charge of the patient (no need to consent). Remote reading or 1st reading is usually based on prior agreement between doctors (like after hours service), and information or consent is recommended. Registration and accreditation are ruled by the Directives of the European Internal Market for Services. No obstacle to the delivery of services across the EU would remain if it is perceived that a tele-patient consults abroad rather than a tele-doctor practices abroad. (author)

  11. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations; Stromwirtschaftsrecht in Frankreich. Der Rechtsrahmen fuer die franzoesische Elektrizitaetsversorgung zwischen unionsrechtlichen Marktoeffnungsvorgaben und gemeinwirtschaftlichen Verpflichtungen

    Energy Technology Data Exchange (ETDEWEB)

    Buckler, Julius

    2016-07-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [German] Der Strombinnenmarktprozess ist nach wie vor unvollendet. Dies hat neben technischen auch rechtliche Gruende: Die Beharrungskraefte der zu Monopolzeiten gewachsenen Strukturen und Ordnungsrahmen sind zum Teil aeusserst stark, was sich besonders in Frankreich deutlich zeigt. Die dortige Stromversorgung wird ausgehend von ihrer Einordnung als Service Public sowohl mittelbar durch das Staatsunternehmen EDF als auch unmittelbar durch gesetzliche Regelungen intensiv staatlich kontrolliert. Die Marktoeffnung wird dadurch zwar nicht vollkommen verhindert. Zusammen mit der besonderen Bedeutung der Kernkraft fuer die franzoesische Stromversorgung ergeben sich hieraus aber erhebliche Marktoeffnungshemmnisse. Vor diesem Hintergrund und ausgehend von der historischen Entwicklung untersucht der Autor das geltende franzoesische Stromwirtschaftsrecht ueber alle Wertschoepfungsstufen hinweg in seinen Bezuegen zum EU-Recht.

  12. Should virtual cybercrime be regulated by means of criminal law? A philosophical, legal-economic, pragmatic and constitutional dimension

    NARCIS (Netherlands)

    Strikwerda, Litska

    2014-01-01

    This paper will be about the question of whether or not virtual cybercrime should be regulated by means of criminal law. By virtual cybercrime I mean activities such as the stealing of virtual property or the killing of an avatar (a player's virtual representation) within the virtual worlds of

  13. Reforms in triple talaq in the personal laws of Muslim states and the Pakistani legal system: Continuity versus change

    Directory of Open Access Journals (Sweden)

    Muhammad Munir

    2013-02-01

    Full Text Available This work analyses the reforms carried out in some of the Muslim states regarding the issue of triple divorce in one session. According to a majority of Sunni jurists, pronouncing the word ‘talaq’ three times in succession, equates with three ‘talaqs’. On the contrary, according to Ibn Taimiyah, Ibn al-Qiyam, and the Shi‘a Imamiyah, three pronouncements of the word talaq in one session equals only one talaq. Most Arab, as well as many Muslim states such as Egypt, Syria, Jordan, Iraq, Sudan, Morocco, Kuwait, Yemen, Afghanistan, Libya, Kuwait, Qatar, Bahrain, and the United Arab Emirates, have, while formulating their own laws, followed Ibn Taimiyah’s and Ibn al-Qiyam’s positions on this issue. In this regard, Sri Lanka’s Marriage and Divorce (Muslim Act, 1951, as amended up to 2006, seems to be the most ideal legislation on triple talaq. In Pakistan, the Muslim Family Law Ordinance 1961, has abolished triple talaq, as the procedure laid down in section 7 is largely applicable to one or two pronouncements only and excludes three pronouncements. Furthermore, some portions of section 7 are in clear contravention of the dictates of Islamic law, which adds to this precarious section’s peculiarity. The superior courts in Pakistan and Bangladesh have not been consistent in interpreting the law on this important subject, while on the other hand, some Indian High Courts have treated triple talaq as invalid.

  14. A Primer on Employment and Intellectual Property Law: Legal Guidance for Supervisors of Assessment and Institutional Research Staff

    Science.gov (United States)

    Knight, William; Lugg, Elizabeth Timmerman

    2017-01-01

    Institutional research (IR) leaders rely on staff members to accomplish office missions and support institutional decisions. Like any supervisors in higher education, IR leaders must be familiar with a host of employment and intellectual property laws that guide the institution/employee relationship. This chapter offers insights into specific…

  15. Cognitive conflicts and the making of international law: from empirical concord to conceptual discord in legal scholarship

    NARCIS (Netherlands)

    d' Aspremont, J.

    2013-01-01

    This Article seeks to shed some light on the reasons guiding scholars in their choices pertaining to the cognition of international lawmaking. After a brief outline of the mainstream empirical construction of current norm-generating processes in international law (1) and a further detailed

  16. Deng Zhenglais Search for the “Ideal Image” or the Paradigmatic Crisis of Chinese Law? Discussion from the Perspective of the Legal Culture Discourse in the 21st Century

    Directory of Open Access Journals (Sweden)

    Agnes S. Schick-Chen

    2014-12-01

    Full Text Available In the first decade of the 21st century, the author of the book entitled “Wither Chinese Jurisprudence“ stepped forward to offer a critique of the unquestioned and undertheorized orientation of the Chinese legal science towards modernity. Widely and critically discussed, Deng Zhenglai's appeal for a new ideal picture of Chinese law based on a reinterpretation and new understanding of China herself can be seen both as a seizure in and outcome of the many discussions on law and culture that had started off in the first decade of reform and opening and were continued in the times of a “Socialist rule of law with Chinese characteristics”. The following text shows that the issue of identity of Chinese legal scholars was an inherent part of the discourse on Chinese legal culture, and that Dengs book has to be understood in this context.

  17. 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.

  18. LEGAL RELATIONSHIP BETWEEN ILLEGITIMATE CHILDREN AND THEIR BIOLOGICAL FATHER: The Analysis of Constitutional Court Decree No. 46/PUU-VIII/2010 in the Perspective of Civil and Islamic Law

    Directory of Open Access Journals (Sweden)

    Marilang Marilang

    2016-12-01

    Full Text Available In Indonesia, children born out of wedlock only have legal relationship or family lineage relationship with their mother and mother’s family, not with their biological father and biological father’s family. This provisions of law are arranged in Article 43 paragraph (1 of Marriage Law No. 1 of 1974 which is highly influenced by Shafi’ite School of Islamic jurisprudence. Through judicial review of Aisyah (Machica Mochtar and her son named M. Iqbal Ramadhan, Constitutional Court has agreed to waive the provisions by means of the Decree Number 46/PUU-VIII/2010 with legal consideration that the concerned article contravenes the Constitution, then it creates new legal norm which states those children have legal relationship and family lineage with their mother and mother’s family and also the man who is their father. The Decree sparks controversies concerning the term ‘children born out of wedlock’ and ‘legal relationship’ in the decree. Contrary to many law experts, the article argues that the term ‘children born out of wedlock’ simply means children born from zina (adultery or fornication. Thus, ‘legal relationship’ only refer to limited relationship between both parties.

  19. Working in Law’s Borderlands: Translation and the Work of an Advice Office

    Directory of Open Access Journals (Sweden)

    Morag McDermont

    2017-12-01

    Full Text Available Increasingly people in the UK are turning to voluntary sector advice organisations for help and support in dealing with everyday problems. Here we argue that advice organisations, who work in the borderlands of law, are nevertheless key players in legal arenas, focusing on local Citizens Advice offices supporting clients with employment problems. We look at the making of advisers as border-workers through programmes which turn volunteers into employment advisers; and the paid advisers who inhabit spaces on the edges of the profession. We examine the social practices of these advisers, the ways in which law-work becomes translation and advice-work becomes a process of co-production between adviser and client. In concluding, we consider how far into the legal arena it is possible to go with limited resources; and what happens when translating the technicalities of law no longer works. Translation comes to mean advisers turning to their activist-selves and adopting political tactics.Las autoras del artículo argumentamos que las organizaciones de asistencia, que operan en los límites de la legalidad, son no obstante actores claves en el campo jurídico. Nos centramos en las oficinas locales de Atención al Ciudadano, y nos fijamos en los asistentes como trabajadores en los límites, a través de programas que forman a los voluntarios para ser orientadores laborales; y los asesores pagados que habitan espacios en los márgenes de la profesión. Examinamos las prácticas sociales de estos asesores, las formas en que el trabajo jurídico se convierte en trabajo de interpretación y el trabajo de asesoramiento se convierte en un proceso de coproducción entre asesor y cliente. Para concluir, reflexionamos sobre cuán lejos se puede llegar en el campo jurídico con recursos limitados, y sobre qué sucede cuando ya no sirve la interpretación de los tecnicismos legales. La interpretación viene a significar que los asesores recurren a su papel de

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

    Science.gov (United States)

    Medina-Arellano, María de Jesús

    2017-01-01

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

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

    Science.gov (United States)

    Harris, Andrew; Walker, Andrew

    2018-04-23

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

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

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.

  3. The systemic integration of international law by domestic courts: domestic judges as architects of the consistency of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.; Fauchald, O.K.; Nollkaemper, A.

    2012-01-01

    The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international

  4. Massively parallel sequencing and the emergence of forensic genomics: Defining the policy and legal issues for law enforcement.

    Science.gov (United States)

    Scudder, Nathan; McNevin, Dennis; Kelty, Sally F; Walsh, Simon J; Robertson, James

    2018-03-01

    Use of DNA in forensic science will be significantly influenced by new technology in coming years. Massively parallel sequencing and forensic genomics will hasten the broadening of forensic DNA analysis beyond short tandem repeats for identity towards a wider array of genetic markers, in applications as diverse as predictive phenotyping, ancestry assignment, and full mitochondrial genome analysis. With these new applications come a range of legal and policy implications, as forensic science touches on areas as diverse as 'big data', privacy and protected health information. Although these applications have the potential to make a more immediate and decisive forensic intelligence contribution to criminal investigations, they raise policy issues that will require detailed consideration if this potential is to be realised. The purpose of this paper is to identify the scope of the issues that will confront forensic and user communities. Copyright © 2017 The Chartered Society of Forensic Sciences. All rights reserved.

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

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

    The Legal Counsel works with, and provides legal and strategic advice to, staff throughout the Centre, at all levels. The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on corporate governance matters.

  6. 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.

  7. The ethical and legal implications of nanotechnologies: a preliminary survey to picture the perceptions of law students and medical students.

    Science.gov (United States)

    Daloiso, V; Ricci, G; Minacori, R; Sacchini, D; Spagnolo, A G

    2014-01-01

    The aim of this preliminary survey was to picture the current knowledge and opinions of law students and medical students about nanotechnologies. Data were collected in June 2012 by interviews with 60 students of the University of Camerino (Macerata, Italy) defined as "jurist population" and 159 medical students of the Università Cattolica del Sacro Cuore (Rome, Italy) defined as "medical population". The Authors found that both law and medical students have some knowledge on what nanotechnologies are; with regards to the ethical issues and risks perception, both categories indicated that nanotechnologies generate bioethical issues. Nevertheless, a high percentage of respondents believed that neither existing technologies nor nanotechnologies pose risks for human health. Opinions on regulation of nanotechnologies are instead different. These preliminary findings underlined the ambiguity surrounding nanotechnologies both concerning the bioethical dimension and risks perception and their regulation. These early data therefore showed a need of additional reflection on these technologies that should be investigated more in detail; moving from students, future scientists and regulators, these data could contribute to clarify the debate on them.

  8. World law

    OpenAIRE

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

    1999-01-01

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

  9. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

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

  10. STRUCTURAL FEATURES OF STATE-OFFICE LEGAL RELATIONSHIP OF THE STATE CIVIL EMPLOYEES AND THE ROLE OF LABOR LAW IN THEIR REGULATION

    OpenAIRE

    Міннігулова, Д. Б.

    2017-01-01

    In the legal literature, investigating the legal relationship arising on civil service, various concepts of the characteristic of a concept of the state-office relationships of state-civil employee are offered. The main of them are state-legal (constitutional), office (administrative), office-labor and labor theories. The variety of conceptual approaches to the characteristic of the legal relationship arising on civil service reflects features of administrative legal status of state-civil emp...

  11. Financial Advice: Who Pays

    Science.gov (United States)

    Finke, Michael S.; Huston, Sandra J.; Winchester, Danielle D.

    2011-01-01

    Using a cost-benefit framework for financial planning services and proprietary data collected in the summer of 2008, the client characteristics that are associated with the likelihood of paying for professional financial advice, as well as the type of financial services purchased, are identified. Results indicate that respondents who pay for…

  12. Combining Expert Advice Efficiently

    NARCIS (Netherlands)

    W.M. Koolen-Wijkstra (Wouter); S. de Rooij (Steven)

    2008-01-01

    htmlabstractWe show how models for prediction with expert advice can be defined concisely and clearly using hidden Markov models (HMMs); standard HMM algorithms can then be used to efficiently calculate, among other things, how the expert predictions should be weighted according to the model. We

  13. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  14. The realistic dilemma of environmental interest subject of legal responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important environmental interests subject, enterprises, public and government should assume the corresponding responsibility of pollution control and environmental protection. However, in the aspect of environment, there are failure existing in performing government responsibility, the financial expense and investment our government has participated in the aspects of pollution control and environmental protection are serious insufficient. In the meantime, in spite of the clear definition of the range and principles of enterprises’ environmental responsibility according to some corresponding law documents, in view of our country’s condition, enterprises always fail to assume their own environmental responsibility, and there are cases existing in pollution control and environmental protection that the investment is insufficient and the treatment effect is not obvious. In addition, it is especially outstanding in our country that the awareness of public environmental rights is pretty weak. The issues of ecological damage and environmental pollution get worse and worse and the total environmental interests get injured seriously because of the failure and vacancy of environmental responsibility of different subjects of right.

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

    African Journals Online (AJOL)

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

  16. [Scientific advice by the nationally competent authority and by the EMEA on the conduct of clinical trials].

    Science.gov (United States)

    Dejas-Eckertz, P; Schäffner, G

    2005-04-01

    Scientific advice for potential applicants for marketing authorization for medicinal products has been part of the tasks of the European Medicines Agency (EMEA) ever since its establishment in 1995, and has been of increasing significance. Based on Article 56(3) of Regulation (EC) No. 726/2004, this task is now the responsibility of an independent working group of the EMEA, the Scientific Advice Working Party (SAWP). National scientific and regulatory advice has also been part of the work of two national authorities in Germany, the Federal Agency for Medicinal Products and Medical Devices (BfArM) and the Paul Ehrlich Institute (PEI) for several years, but has gained in significance especially over the past 3 years. The basis for advice at a national level is Article 71c of the Law on Administrative Procedures (Verwaltungs-Verfahrensgesetz), the Drug Law, the Guidelines for the Evaluation of Medicinal Products (Arzneimittelprufrichtlinien), and relevant guidelines defining the scientific state of the art. A company developing medicinal products may consult the EMEA or the national authority at any time in order to obtain opinions on the investigations and studies on the pharmaceutical, preclinical and clinical development required for a particular stage of development. In this context, the focus is exclusively on the data required for the planned authorization and the assessment of the evaluation strategy suggested by the company itself. The agreement between the company and the regulatory authority prior to marketing approval is designed to achieve a more effective development of the product and to obtain a more rapid decision on a future authorization procedure. An important component of the scientific advice procedure is the discussion between the company and the agencies. The results of this oral exchange is always summarised in writing. Advice is available for all medicinal products, including "orphan drugs". At the European level, the authorization procedure

  17. Safety advice sheets

    CERN Multimedia

    HSE Unit

    2013-01-01

    You never know when you might be faced with questions such as: when/how should I dispose of a gas canister? Where can I find an inspection report? How should I handle/store/dispose of a chemical substance…?   The SI section of the DGS/SEE Group is primarily responsible for safety inspections, evaluating the safety conditions of equipment items, premises and facilities. On top of this core task, it also regularly issues “Safety Advice Sheets” on various topics, designed to be of assistance to users but also to recall and reinforce safety rules and procedures. These clear and concise sheets, complete with illustrations, are easy to display in the appropriate areas. The following safety advice sheets have been issued so far: Other sheets will be published shortly. Suggestions are welcome and should be sent to the SI section of the DGS/SEE Group. Please send enquiries to general-safety-visits.service@cern.ch.

  18. Practical boundary surveying legal and technical principles

    CERN Document Server

    Gay, Paul

    2015-01-01

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

  19. Legal Education Reform: Modest Suggestions.

    Science.gov (United States)

    Watson, Alan

    2001-01-01

    Based on harsh criticism of legal education by students, offers suggestions for improvement that do not require additional time for law studies, will increase the exposure of students both to law as practice and to law as an intellectual discipline, and involve no greater burden on law schools. A main suggestion involves elimination of teaching…

  20. Legal basis of energy economy. Collection of important laws and regulations of the amended power economy law. 7. ed.; Rechtsgrundlagen der Energiewirtschaft. Sammlung wichtiger Gesetze und Vorschriften zum novellierten Energiewirtschaftsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Herrmann, B.J.; Schweers, E.

    2007-07-01

    The book under consideration is an actual collection of important laws and regulations according to the amended power economy law. It is the 7th edition and contains components of the European and national cartel law. Furthermore, the power economy law, the regulations of mains access, and the regulations of mains fee are revised editorial. The book consist of four main chapters: (a) General energy law; (b) Bylaws to energy economical laws; (c) Law of privileged energy supports; (d) cartel law.

  1. Law nº 13.344/2016 and the new techniques for the localization of human trafficking victims and suspects: effectiveness, legality and constitutional adequacy

    Directory of Open Access Journals (Sweden)

    Cleopas Isaías Santos

    2017-06-01

    Full Text Available The Law no. 13.344/2016 brought important repercussions to the Brazilian criminal investigation, among which the most significant one was the possibility of police authorities requesting from telephone companies the necessary technical means to locate victims and/or suspects of human trafficking. This localization is made through the identification of mobile devices, like cell phones. This article aims to answer the following issue: are the available and commonly used technical means effective in the localization of human trafficking victims and suspects? For this purpose, it is assumed that the technical means typically used in this process are not effective. In light of this, it is suggested the use of the GPS tool, which technically does not qualify as a "signal" and presumes the license of data network with financial costs. Therefore, it is analyzed who must bear said costs - the State, the companies or the consumers, as well as the legality and constitutionality of the use of this technique. The subject will be approached mostly through the deductive method.

  2. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  3. Advanced radiographic practice - the legal aspects

    International Nuclear Information System (INIS)

    Alderson, C.J.; Hogg, P.

    2003-01-01

    Allied health and nursing professionals are continuing to expand their responsibilities into clinical areas outside their traditional spheres of interest; typically, many of these new responsibilities are found within the medical (doctor) domain. Such responsibilities are often at an advanced clinical level and consequently higher demands are placed upon the professionals, not least in terms of clinical updating, competence to practice and also legal liability. This article explores the legal implications of practising at an advanced clinical level with particular reference to legal claims. The first part of the article commences with an outline of pertinent law in England and Wales. The latter part of the article explores actual cases from which allied health professionals (eg radiographers) can gain valuable information. Throughout the article suggestions for good practice are indicated. Examples of good practice include: the need to base your practice on evidence and peer practice; the need to keep detailed records (protocols) of such practice; the need to know when you are at the limit of your ability; and as such when to ask for advice from a medical practitioner/radiologist

  4. 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.

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

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

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

  6. Innovative Use of the Law to Address Complex Global Health Problems; Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”

    Directory of Open Access Journals (Sweden)

    Helen L. Walls

    2017-12-01

    Full Text Available Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments.

  7. Legal Assistance Preventive Law Series

    Science.gov (United States)

    1994-06-01

    Services Division, North Carolina Department of Human Resources, 325 North Salisbury Street, Raleigh, North Carolina 27611. (Also, request Information...pocketbook. Some models are designed for those whose budget limits them to a lower-cost home. Other models have such higher-priced features as cathedral

  8. Women in Indian Courts of Law: A Study of Women Legal Professionals in the District Court of Lucknow, Uttar Pradesh, India

    OpenAIRE

    Mishra, Saurabh Kumar

    2016-01-01

    Men have traditionally dominated legal profession in India. Women’s entry could be possible only after long and protracted legal battles, and even then, their presence in the courts remained insignificant until the end of the twentieth century. However, the policy of globalisation in the twenty-first century has provided additional opportunities to Indian women in legal education and training. The invasion of modernity has not only moderated the court environment but has also put an end to th...

  9. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  10. Comparative law as method and the method of comparative law

    NARCIS (Netherlands)

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

    2014-01-01

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

  11. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

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

  12. Implicit normativity in scientific advice

    DEFF Research Database (Denmark)

    Folker, Anna Paldam; Andersen, Hanne; Sandøe, Peter

    2008-01-01

    This paper focuses on implicit normative considerations underlying scientific advice-those normative questions, decisions, or issues that scientific advisers and the general public are not fully aware of but that nevertheless have implications for the character of the advice given. Using...... nutritional science as an example, we identify three such implicit normative issues. The first concerns the aim of scientific advice: whether it is about avoiding harm or promoting good. The second concerns the intended beneficiaries of the advice: whether advice should be framed to benefit the society...... as a whole or with special concern for the most vulnerable members of the population. The third consideration involves scientific advisers' attempts to balance the strengths of the scientific evidence with the expected consequences of scientific advice. We hope to promote more explicit discussion...

  13. Archival Sources for Legal Biography at the Institute of Advanced Legal Studies

    OpenAIRE

    Dawson, Elizabeth

    2014-01-01

    The article outlines archival sources for legal biography held at the Institute of Advanced Legal Studies, focussing on primary sources of information on individuals, including the Law Society and Bar Examination results. It also summarises additional sources which provide biographical information on legal practitioners and scholars eg. the archives of The Society of Legal Scholars and the Council of Legal Education, IALS institutional archives, The Bar Council, The International Law Associat...

  14. 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, ...

  15. PHARMACEUTICAL PRODUCT AND PROCEDURE LEGAL PROTECTION – ANDEAN COMMUNITARIAN LAW, TRIPS AGREEMENT AND FREE TRADE AGREEMENTS COLOMBIA/US AND COLOMBIA/EU

    OpenAIRE

    Jiménez Valderrama, Fernando Augusto; Universidsd de la Sabana

    2012-01-01

    Patent protection law for pharmaceutical products and medicines must har- monize the interests of both pharmaceutical industry and public health. Any pharmaceutical product must fulfill the requirements established by law to be registered as a patent. In the Andean Community, communitarian law gives preference to local law even if it comes from national sources or international treaties. Free Trade Agreements between Colombia and the United States of America, or Colombia and the European Unio...

  16. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  17. Implicit normativity in scientific advice

    DEFF Research Database (Denmark)

    Folker, Anna Paldam; Andersen, Hanne; Sandøe, Peter

    2008-01-01

    This paper focuses on implicit normative considerations underlying scientific advice-those normative questions, decisions, or issues that scientific advisers and the general public are not fully aware of but that nevertheless have implications for the character of the advice given. Using nutritio...

  18. Dietary advice in family medicine.

    NARCIS (Netherlands)

    Weel, C. van

    2003-01-01

    This article discusses the conceptual basis of dietary advice in family medicine. Given the large number of illnesses and diseases encountered in family practice for which diet and nutrition are relevant interventions, food-related advice is an important part of daily practice. To enhance the

  19. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    , 1981, 1987. In 1994 the International Law Department together with the Diplomatic Academy of the Russian Ministry of Foreign Affairs prepared new textbook, reflecting the development of international law in the 1960-1990s. In 2000 "International Law" textbook appeared, which was prepared exceptionally by the Department of International Law at MGIMO. In 2005 "European international law" textbook was published. It became the first textbook in Russian Law studies dedicated to the international legal aspects of interstate cooperation in Europe. Quarterly magazine "Moscow Journal of International Law" has made significant contribution to the development of the MGIMO international law school. Y.M. Kolosov, who is the Honored Scientist of Russia and professor of international law, was the founder of the magazine. He has been its editor in chief up to present.

  20. Young children heed advice selectively.

    Science.gov (United States)

    Rakoczy, Hannes; Ehrling, Christoph; Harris, Paul L; Schultze, Thomas

    2015-10-01

    A rational strategy to update and revise one's uncertain beliefs is to take advice by other agents who are better informed. Adults routinely engage in such advice taking in systematic and selective ways depending on relevant characteristics such as reliability of advisors. The current study merged research in social and developmental psychology to examine whether children also adjust their initial judgment to varying degrees depending on the characteristics of their advisors. Participants aged 3 to 6 years played a game in which they made initial judgments, received advice, and subsequently made final judgments. They systematically revised their judgments in light of the advice, and they did so selectively as a function of advisor expertise. They made greater adjustments to their initial judgment when advised by an apparently knowledgeable informant. This suggests that the pattern of advice taking studied in social psychology has its roots in early development. Copyright © 2015 Elsevier Inc. All rights reserved.

  1. Lawyers and legal services in NW England

    OpenAIRE

    Sugarman, David

    2008-01-01

    A consideration of the diversity and fragmentation which characterise contemporary legal practice with particular reference to the situation in the North West of England. Article by Professor David Sugarman, Director, Centre for Law and Society, Lancaster University Law School - published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.

  2. Advice concerning radiotherapy

    International Nuclear Information System (INIS)

    1984-01-01

    Dutch National cancer incidence figures were calculated by using the reliable data on cancer incidence in the Eindhoven area and population forecasts and information obtained from the Central Bureau of Statistics. Several radiotherapy departments suffer from under capacity (a lack of resources and understaffing). Data have also shown that 35% of cancer patients receive radiotherapy, instead of 50%. Calculations have been made by the committee on the present and future needs with regard to equipment and staff. In 1983, the number of megavoltage therapy units amounted to 38, but should have been 65. It should be 80 in 1990 and 90 in 2000. Since building and installing such equipment is a lengthy process a considerable effort is needed to make up for the arrears. The committee advocates the extension of the system of regional cooperation in cancer care (comprehensive cancer centres), in which radiotherapy departments play a crucial role. Working parties from the committee provided a comprehensive description of current radiotherapy practice with reference to physical, technical, clinical and management aspects. Another working party assessed the results of cancer treatment with regard to many different tumour sites. Recent and expected developments were analysed or indicated. The Radiotherapy Committee commissioned an external team to conduct a project to achieve a picture of future developments using methods different to those of the committee's. An interim advice has been added on this subject. (Auth.)

  3. Oromia Law Journal

    African Journals Online (AJOL)

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

  4. Women Law Professors.

    Science.gov (United States)

    Fossum, Donna

    1980-01-01

    Women have made considerable progress toward becoming part of tenure-track legal faculties, but women law professors continue to be academically disproportionately inbred and overrepresented in some areas, such as family law and legal research and writing. (Journal availability: American Bar Foundation, 1155 E. 60th St., Chicago, IL 60637.) (MSE)

  5. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  6. Legal ethics, rules of conduct and the moral compass ...

    African Journals Online (AJOL)

    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 ...

  7. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  8. Physician advice for smoking cessation.

    Science.gov (United States)

    Stead, Lindsay F; Buitrago, Diana; Preciado, Nataly; Sanchez, Guillermo; Hartmann-Boyce, Jamie; Lancaster, Tim

    2013-05-31

    Healthcare professionals frequently advise people to improve their health by stopping smoking. Such advice may be brief, or part of more intensive interventions. The aims of this review were to assess the effectiveness of advice from physicians in promoting smoking cessation; to compare minimal interventions by physicians with more intensive interventions; to assess the effectiveness of various aids to advice in promoting smoking cessation, and to determine the effect of anti-smoking advice on disease-specific and all-cause mortality. We searched the Cochrane Tobacco Addiction Group trials register in January 2013 for trials of interventions involving physicians. We also searched Latin American databases through BVS (Virtual Library in Health) in February 2013. Randomised trials of smoking cessation advice from a medical practitioner in which abstinence was assessed at least six months after advice was first provided. We extracted data in duplicate on the setting in which advice was given, type of advice given (minimal or intensive), and whether aids to advice were used, the outcome measures, method of randomisation and completeness of follow-up.The main outcome measure was abstinence from smoking after at least six months follow-up. We also considered the effect of advice on mortality where long-term follow-up data were available. We used the most rigorous definition of abstinence in each trial, and biochemically validated rates where available. People lost to follow-up were counted as smokers. Effects were expressed as relative risks. Where possible, we performed meta-analysis using a Mantel-Haenszel fixed-effect model. We identified 42 trials, conducted between 1972 and 2012, including over 31,000 smokers. In some trials, participants were at risk of specified diseases (chest disease, diabetes, ischaemic heart disease), but most were from unselected populations. The most common setting for delivery of advice was primary care. Other settings included hospital

  9. Actions and advice in coli

    DEFF Research Database (Denmark)

    Knoche, Hendrik; Jamadagni, HS; Rao, PR Sheshagiri

    2015-01-01

    To improve their agricultural output, farmers require timely and contextualized information and advice. Relevant information and advice provided by trusted peers represents a promising approach. We present the considerations for the design of coli, an agricultural information network on touch...... screen equipped smart phones and results from its 10-month trial with 15 farmers in a village in India. Although some farmers avoided dispensing prescriptive advice in person due to fear of liability, they had no reservations about sharing their farming activities via a mobile phone application. Richer...

  10. Legal considerations on the liability of damage compensation in medical accidents in China.

    Science.gov (United States)

    Shen, Xiuqin; Chen, Xiaoyang

    2008-12-01

    In the past years, there has been an increasing number of medical accidents in various places around the country. Some of them often led to medical litigations. The responsibility of medical accident compensation is the key factor, which involves either the harmony between physician-patient relationship, or the realization of patients' rights. Though relevant legal provisions on the responsibility of medical accidents have been made in national law, regulation and some judicial interpretation, there exist so many problems in reality, such as the uniformity of law application, compensational rate and the deficiency of compensational scope and method. Therefore, in this article, the author tries to analysis the attribute of medical accident compensation, relevant laws and regulations and the problems in practical life, and to put forward advice on how to perfect medical accident legislation.

  11. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  12. The Femicide and the Challenges to the Effectiveness of the Law Maria da Penha: Judicial Discretion and Legal Culture of Judges in the Treatment of Domestic and Family Violence against Women

    Directory of Open Access Journals (Sweden)

    Lilah de Morais Barrêto

    2016-12-01

    Full Text Available This article discusses the problem of femicide, emphasizing its bond with the cycle of domestic violence against women. The denial and underuse of the institutes stated in the Law Maria da Penha is the consequence of a traditional legal culture that deals this problem as a private issue and faces this kind of violence with a consensual paradigm of justice. In this essay, we will analyze the judgments by the Brazilian Supreme Court in ADC nº 19/DF and ADI nº 4424/DF, and the resistances of courts in following this settled jurisprudence.

  13. Law and the 'Stbx': Online Fora and the ‘Delegalised Space’ of Family Law

    Directory of Open Access Journals (Sweden)

    Samuel Kirwan

    2017-12-01

    Full Text Available Following the cuts to Legal Aid enacted in the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO, this paper addresses the ways in which the boundaries of law are being re-drawn in the field in which the effects of these changes have been most immediate and visible, namely Family Law. It uses the term delegalised space to describe the situation in which large numbers of ex-partners who would previously have been able to access legal advice and information are now having to make arrangements with regard their finances and children with little or no contact with the courts or any formal legal advice. The paper presents a case study of the two most frequented online fora in this field – Mumsnet Talk and Netmums Coffeehouse – describing how the delegalised space also indicates a period of significant re-composition of the role of law in shaping the separation process. El artículo parte de los recortes a la Asistencia Jurídica implementados por el Legal Aid, Sentencing and Punishment of Offenders Act (LASPO para ocuparse de las formas en que las fronteras de lo legal se están reconfigurando en el campo en el que los efectos de dichos cambios han sido más inmediatos y visibles, es decir, en el del Derecho de Familia. Utiliza el término espacio desregularizado para describir la situación en la que se encuentran gran número de personas separadas que anteriormente habrían podido obtener asesoramiento e información de tipo jurídico y que ahora se ven obligadas a hacer gestiones referidas a sus finanzas y sus hijos, con poco o ningún contacto con los tribunales y con ningún asesoramiento jurídico formal. El artículo presenta un estudio de caso basado en los dos foros de Internet más socorridos en esa área -Mumsnet Talk y Mumsnet Coffeehouse- y describe cómo el espacio desregularizado también denota un período de intensa recomposición del papel que desempeña el derecho a la hora de modelar el proceso de separaci

  14. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

  15. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

    Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund

    2018-01-01

    This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....

  16. 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...

  17. The CE-mark and the new European approach to product law: a system of fundamental legal safety requirements and technical specification standards

    NARCIS (Netherlands)

    Brack, Antoni

    1999-01-01

    European product law consists of three parts: product liability law, a general product safety regulation and an increasing number of provisions with requirements on product group level. In recent years this third part has been revised in order to speed up the completion of the European single

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

    Science.gov (United States)

    Reder, Margo E. K.

    2009-01-01

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

  19. Legal implications of Brexit on Customs Union, Internal Market Acquis for Goods and Services and Consumer Protection Law : Study for the IMCO Committee

    NARCIS (Netherlands)

    F. Amtenbrink (Fabian); M. Markakis (Menelaos); R. Repasi (René)

    2017-01-01

    textabstractThis study addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main crosscutting challenges that have to be addressed

  20. The law of EU external relations: cases, materials, and commentary on the EU as an international legal actor. - 2nd ed.

    NARCIS (Netherlands)

    Kuijper, P.J.; Wouters, J.; Hoffmeister, F.; de Baere, G.; Ramopoulos, T.

    2015-01-01

    The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the

  1. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  2. Human law and computer law comparative perspectives

    CERN Document Server

    Hildebrandt, Mireille

    2014-01-01

    This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.

  3. Corruption and legal certainty; the case of Albania and the Netherlands Implementation of the Criminal Law Convention on Corruption in a transitional and consolidated democracy

    NARCIS (Netherlands)

    Peçi, Idlir; Sikkema, E.

    2010-01-01

    A discrepancy in corruption levels may be observed between Western European states and the post-communist states of Central and (South) Eastern Europe. In order to find out whether this discrepancy corresponds with a discrepancy in legal provisions, we embarked upon a comparative exercise aimed at

  4. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    NARCIS (Netherlands)

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a

  5. Property law in Jersey

    OpenAIRE

    MacLeod, Rebecca Frances

    2012-01-01

    Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...

  6. The Hog Cycle of Law Professors: An Econometric Time Series Analysis of the Entry-Level Job Market in Legal Academia.

    Science.gov (United States)

    Engel, Christoph; Hamann, Hanjo

    2016-01-01

    The (German) market for law professors fulfils the conditions for a hog cycle: In the short run, supply cannot be extended or limited; future law professors must be hired soon after they first present themselves, or leave the market; demand is inelastic. Using a comprehensive German dataset, we show that the number of market entries today is negatively correlated with the number of market entries eight years ago. This suggests short-sighted behavior of young scholars at the time when they decide to prepare for the market. Using our statistical model, we make out-of-sample predictions for the German academic market in law until 2020.

  7. 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......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... 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....

  8. The Exploration of the Judge's Evaluation of Evidence through Inner Conviction on Whether Internet Messages Can be Evidence for Adultery in the Criminal Law---An Explication by Legal Positivism and Philosophical Theory

    Directory of Open Access Journals (Sweden)

    Cathy T. H. Chen

    2009-06-01

    Full Text Available Due to the rapid development of the internet, cyber crime has become a big issue in the information society. Among others, adultery via internet is one of the serious issues. Adultery in Taiwan’s Criminal Law means sexual intercourse between a married person and one who is not his or her spouse. The couple in question cannot be accused of adultery if no substantial evidence of sexual intercourse is found, even though we have at hand their internet messages involving obscene words that indicate the adulterous relationship. Recently in Taiwan, there have been cases in which the offense of adultery is established by internet and MSN messages, which is a breakthrough in Taiwan’s legal practice. But the question is: Can internet messages count as any substantial evidence in current legal principle and practice? Criticisms have come in like floods, for there is no answer in the precedents. This paper is subsequent to the one presented by the first author in the e-Society conference in August, 2007. Adopting the latest legal empirical study in Taiwan and supported interdisciplinarily by the argumentation of analytic philosophy, this

  9. Secular States, Muslim Law and Islamic Religious Culture: Gender Implications of Legal Struggles in Hybrid Legal Systems in Contemporary West Africa Les États laïques, le droit musulman et la pratique culturelle dite islamique : Implications pour les femmes des luttes juridiques dans les systèmes juridiques hybrides de l’Afrique de l’Ouest contemporaine

    Directory of Open Access Journals (Sweden)

    Barbara M. Cooper

    2010-07-01

    Full Text Available This article sets out the differing approaches of three West African states (Niger, Senegal, and Nigeria towards reconciling the multiple legal systems (Islamic, western, military they have inherited as ostensibly secular states in regions with prominent Muslim populations. While Senegal has adopted a Family Code that appears to modify and regulate some of the perceived injustices of Islamic law in family life, a number of states within Nigeria have gone in the opposite direction, expanding Islamic law beyond family law into the criminal domain. In Niger, on the other hand, multiple systems of law co-exist uneasily, without any effective hierarchy or definitive conclusion to legal disputes carried into different legal domains. In all three cases the state does not have the capacity to effectively enforce a single coherent legal system, nor does it succeed in controlling the «justice» that so commonly occurs in extra-legal settings. Throughout West Africa legal reform must contend with the dual problems of weak state capacity to impose a unified legal system and of the vigilantism of pressure groups that may have limited mastery of the Islamic juridical tradition in an atmosphere that is nevertheless heavy with the rhetoric of a return to Islamic purity.Cet article expose les différentes approches de trois États ouest-africains que sont le Niger, le Sénégal et le Nigeria en vue de concilier les divers systèmes juridiques (islamique, occidental, militaire dont ils ont hérité en tant qu’États ostensiblement laïques dans des régions majoritairement musulmanes. Si le Sénégal a adopté un Code de la famille qui paraît modifier et réglementer les dites injustices du droit musulman dans la vie de famille, un certain nombre d'États du Nigéria sont allés en sens inverse, en élargissant le droit islamique au-delà du droit de la famille en l’étendant au domaine pénal. Au Niger, d’autre part, plusieurs systèmes de droit

  10. ASPECTS OF LEGAL REGIME APPLICABLE TO THE SECONDMENT NATIONAL EXPERTS TO THE EU INSTITUTIONS AND BODIES REGULATED BY THE LAW NO. 105/2012

    Directory of Open Access Journals (Sweden)

    Brândușa Vartolomei

    2012-11-01

    Full Text Available Law no. 105/2012, without comprehensive claims, establishes special rules applicable to national experts on secondment to the European Union institutions and bodies. Based on regulations adopted in the field of EU officials and national experts on secondment normative act adopted domestically presents some new issues, innovative and, although different from those in the law, meet European requirements applicable in this matter.

  11. Towards a Legal Recommender System

    NARCIS (Netherlands)

    Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.

    2014-01-01

    In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,

  12. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

    Nowadays geriatric rehabilitation is recognized as a matter of social law performance. Nevertheless there are very small chances to realize corresponding legal claims in view of the infra-structural deficits. This subscription works out the claims of social law for geriatric rehabilitation, names questions of delineation between illness, prevention and care indigence and discusses problems of geriatric rehabilitant institutions and services.

  13. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

    Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)

  14. The present legal situation; the admissibility under civil law of using the terrestrial body for the ultimate storage of radioactive wastes

    International Nuclear Information System (INIS)

    Prasse, R.

    1974-01-01

    1. The use of own property: 1.1. the extent of the basic property legally; 1.2. the right to use salt mines reserved for the state; 1.2.1. the right to wash cavities into salt rocks; 1.2.2. the right to use existing cavities for the purpose of final storage. 2. The use of foreign property: 2.1. the use of the surface; 2.2. the use of underground cavities; 2.2.1. as per contract; 2.2.2. on the basis of sentence 2 of article 905 BGB; 2.2.3. as per other legal regulations. 3. Constructing underground cavities. (orig./HP) [de

  15. The European Private Company: Do We Need Another 28th Private Legal Form in the EU? On Regulatory Competition of Corporate Law

    Directory of Open Access Journals (Sweden)

    Martina Eckardt

    2012-12-01

    Full Text Available Small and medium-sized enterprises (SMEs are of vital importance for employment, innovation and growth in the EU member states. However, so far only a rather small number participates in international business activities. The European private company is intended to support SMEs’ internationalization. In this paper we analyse whether such an additional supranational legal form is necessary. In a first step we show that from the normative point of view of interjurisdictional competition arguments from welfare economics, public choice and evolutionary economics are mainly in favour of it. In a next step we ask from a positive point of view whether it is nevertheless necessary at all. We discuss to what extent horizontal competition on legal forms is already working within the EU. We find that there is some competition taking place, however, so far it does not address specifically the needs of SMEs when doing business internationally

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

    OpenAIRE

    Burri, S.D.

    2013-01-01

    The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body ...

  17. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    and researchers. CURRENT E-GOVERNMENT. REGULATORY ELEMENTS. In an attempt to regulate the e-Government and. ICT related initiatives the Ethiopian government has been engaged in producing some regulatory and legal documents. These legal document include: e-Signature law, e-Commerce law, data.

  18. Information Warfare and International Law

    National Research Council Canada - National Science Library

    Greenberg, Lawrence T; Goodman, Seymour E; Soo Hoo, Kevin J

    1998-01-01

    .... Some legal constraints will certainly apply to information warfare, either because the constraints explicitly regulate particular actions, or because more general principles of international law...

  19. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

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

  20. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

  1. Law n. 13.015/2014: Amendment of Labor Magazine Feature and Possible offenses to Constitutional Principles of Due Process Legal Access to Jurisdiction and Effectiveness

    Directory of Open Access Journals (Sweden)

    Sérgio Henriques Zandona Freitas

    2015-12-01

    Full Text Available This scientific article aims to study the reforms undertaken by the Law 13.015/2014 under the proposed amendments to the labor resources of magazines, and a growing demand in the edition of overviews by the Regionals Labors Court. At first, the theoretical basis, we analyze the prospects of the constitutional process model within the framework leveraged as a democratic state. After, it enters to the principle concept of due process of law, the access Jurisdiction and Effectiveness, doing, in a third moment, a brief survey and survey as the main proposals of changes made by Law n. 13.015/2014, demonstrating the likelihood that some provisions of this standard or not contradict principles and constitutional guarantees. Trough the deductive method and the bibliographic research this article has been written from a large conception to a small one. And as technical proceeding were used the theme analysis as a way of looking for a solution for the problem.

  2. Advice dilemmas: Managing advice against the competing public ...

    African Journals Online (AJOL)

    Key to resolving this issue is an acknowledgement that, whether as counsellor or health adviser, persuasion and influence are central features of the VCT interaction. Clear practice guidelines and tools are required to assist counsellors to distinguish between advice, suggestion or mere confirmation of an intended client ...

  3. Legal origin, colonial origin and deforestation

    OpenAIRE

    Sébastien MARCHAND

    2011-01-01

    This paper investigates whether inherited legacies such as legal origin allow of explaining deforestation in 110 developed and developing countries. The hypothesis is that differences in deforestation between countries can be attributed to their legal systems. Also, since nearly all common law countries are former English colonies, and nearly all civil law countries were colonized by France, Spain or Portugal, legal origin and colonial history are strongly correlated, so that one can not attr...

  4. The Legal Origins of Corporate Social Responsibility.

    OpenAIRE

    Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi

    2013-01-01

    The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...

  5. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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 in ...... 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....

  6. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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...... 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....

  7. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  8. Practical Approaches to the Numerus Clausus of Land Rights : How Legal Professionals in South Africa and the Netherlands deal with Certainty and Flexibility in Property Law

    NARCIS (Netherlands)

    Verstappen, Leonardus; Mostert, Hanri; Barr, Warren

    2015-01-01

    This chapter examines the application of the numerus clausus in respect of types and content of rights in two jurisdictions strongly subscribing to the civil law tradition of property, the Netherlands and South Africa. In categorising real rights according to content and type, these two systems

  9. Legal Rights in Education: Pendulum Swings. Papers [of the] Education Law Association (ELA) Annual Conference (44th, Charleston, South Carolina, November 19-21, 1998).

    Science.gov (United States)

    Education Law Association, Dayton, OH.

    This document is a collection of 32 1998 Education Law Association conference papers. The collection includes the following papers: "The More We Change: Meeting the Requirements of Unitary Status" (Angela M. Sewall and Ann E. Witcher); "Everything You Need To Know about Discipline of Students with Disabilities" (David T. Duff,…

  10. A Legal Odyssey, 2001. Papers [of the] Education Law Association Conference (47th, Albuquerque, New Mexico, November 15-17, 2001). Topic Outlines.

    Science.gov (United States)

    Education Law Association, Dayton, OH.

    This document is a collection of 53 topic outlines and conference papers whose topics cover a multitude of aspects of educational law. Subjects include the impacts of the Individuals with Disabilities Education Act (IDEA) on "normal" students, rights of nontenured teachers, sexual discrimination and harassment, school disciplinary issues,…

  11. Can a restrictive law serve a protective purpose? The impact of age-restrictive laws on young people's access to sexual and reproductive health services.

    Science.gov (United States)

    Yarrow, Elizabeth; Anderson, Kirsten; Apland, Kara; Watson, Katherine

    2014-11-01

    This article explores the purpose, function and impact of legal restrictions imposed on children's and young people's involvement in sexual activity and their access to sexual and reproductive health services. Whilst there is no consensus on the age at which it is appropriate or acceptable for children and young people to start having sex, the existence of a minimum legal age for sexual consent is almost universal across national jurisdictions, and many states have imposed legal rules that place restrictions on children's and young people's independent access to health services, including sexual health services. The article draws on evidence and analysis from a recent study conducted by the International Planned Parenthood Federation in collaboration with the Coram Children's Legal Centre, UK, which involved a global mapping of laws in relation to sexual and reproductive rights, and exploratory qualitative research in the UK, El Salvador and Senegal amongst young people and health care providers. The article critically examines the social and cultural basis for these rules, arguing that the legal concept of child protection is often founded on gendered ideas about the appropriate boundaries of childhood knowledge and behaviour. It concludes that laws which restrict children's access to services may function to place children and young people at risk: denying them the ability to access essential information, advice and treatment. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  12. Sleep Deprivation and Advice Taking

    NARCIS (Netherlands)

    Hausser, J.A.; Leder, J.; Ketturat, C.; Dresler, M.; Faber, N.S.

    2016-01-01

    Judgements and decisions in many political, economic or medical contexts are often made while sleep deprived. Furthermore, in such contexts individuals are required to integrate information provided by - more or less qualified - advisors. We asked if sleep deprivation affects advice taking. We

  13. Law and Investment in Africa

    OpenAIRE

    Simplice A., Asongu

    2011-01-01

    Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

  14. Legal regulation of the Commercial Register

    OpenAIRE

    Hanková, Zuzana

    2007-01-01

    99 Legal Regulation of the Commercial Register Summary In my master diploma thesis, I describe legal regulation of the Commercial Register. This legal institution serves for the registration of entrepreneurs (both legal entities and natural persons - entrepreneurs) and is very important for free market economy. For these reasons, it is supposed to be one of the substantial topics in the field of contemporary Commercial Law. I chose this particular theme because I am interested in the Commerci...

  15. Advice presented on behalf of the commission of finances, economy and plan about the law project (no. 1613) relative to the electric and gas public utilities and to the power and gas companies; Avis presente au nom de la Commission des finances, de l'economie generale et du plan sur le projet de loi (no. 1613), relatif au service public de l'electricite et du gaz et aux entreprises electriques et gazieres

    Energy Technology Data Exchange (ETDEWEB)

    Carayon, B.

    2004-06-01

    The aim of this report is to present to the French deputies the advice of the commission of finances and economy about the law project relative to the change of status of the power and gas public utilities in the framework of the deregulation of European energy markets. This law changes the juridical status of the two state monopolies Electricite de France (EdF) and Gaz de France (GdF) into two anonymous companies and creates two additional companies for the management of the power and gas networks. It ensures also the transposition of the European directives from June 26, 2003 (2003/54/CE and 2003/55/CE). It contains some proper dispositions and modifies various existing French laws, in particular the law no. 46-628 from April 8, 1946 about the electricity and gas nationalization and the law no. 2000-108 from February 10, 2000 relative to the modernization and development of the electric public utility. The first part of the document reports on the general discussions and comments made by the commission about the law project while the second part concerns the detailed analysis of the articles 16 and 22 about the pension funds of EdF and GdF agents and the change of the status of both utilities. The amendments adopted by the commission for these articles conclude the report. (J.S.)

  16. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

    Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.

  17. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.

  18. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  19. Russian Law and Globalization

    OpenAIRE

    David Fishman

    2016-01-01

    The Faculty of Law of the University of Helsinki is committed to diverse and internationally collaborative approaches to studying various legal systems in the context of comparative law, and UHLS and the Law Faculty of the National Research University, Higher School of Economics have developed an ongoing program to undertake this effort. The original annual conference series on the Development of Russian Law was launched in 2008 as an initiative to further knowledge and critical thinking abou...

  20. Radiology and the law

    International Nuclear Information System (INIS)

    Bundy, A.L.

    1988-01-01

    This book contains 12 chapters. Some of the chapter titles are: The Law of Medical Malpractice: An Overview; The Radiologist as Defendant; The Radiologist as an Expert Witness; The Missed Diagnosis; Legalities of the Radiograph; and Angiography and Interventional Radiology

  1. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  2. A legal version of the nanoworld

    Science.gov (United States)

    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.

  3. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  4. HTA and its legal issues: a framework for identifying legal issues in health technology assessment.

    Science.gov (United States)

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

    Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.

  5. Legal Change and Stigma in Surrogacy and Abortion.

    Science.gov (United States)

    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.

  6. Legal Counsel | IDRC - International Development Research Centre

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

    The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on ... This involves providing strategic and tactical advice to, and working as an integral member of, IDRC negotiating teams on particular transactions towards:.

  7. Russian Law and Globalization

    Directory of Open Access Journals (Sweden)

    David Fishman

    2016-01-01

    Full Text Available The Faculty of Law of the University of Helsinki is committed to diverse and internationally collaborative approaches to studying various legal systems in the context of comparative law, and UHLS and the Law Faculty of the National Research University, Higher School of Economics have developed an ongoing program to undertake this effort. The original annual conference series on the Development of Russian Law was launched in 2008 as an initiative to further knowledge and critical thinking about Russian law during its period of transition and modernization. The conference is held annually and brings together legal practitioners and scholars from Russia, Finland and elsewhere to discuss important matters of Russian law, legal reform, and legal practice. Prior years’ Conference themes have included discussions of legal reforms, the justice system, the Russian legal profession, human rights, civil and business law, legal policy, rule-of-law and market economy.This year’s program was designed to attract law faculty, scholars from different disciplines, and also practicing lawyers, to address a wide range of topics grouped around the general theme of how the phenomenon and challenges of globalization affect Russian legal system development. The call for papers included: (i Relationships between Russian domestic and international law, (ii The impacts of international legal institutions on the development of Russian law(s, (iii Globalization in the field of business law, (iv Global law & Russian legal theory, (v Regional models of legal cooperation and Russia’s participation, (vi Transnational legal problems in areas such as constitutionalism and rule-of-law, (vii Theoretical and applied implications of the concept of global transplants, and (viii A global human rights agenda, including Russia’s place in this agenda.This was a very ambitious and multi-faceted undertaking. Through a process of careful evaluation, the Conference organizers produced

  8. The Seizure of Shares Due to Shareholder’s Personal Debt: a Historical Study of the Evolution of the Legal Treatment and Case Law Towards The Institute

    Directory of Open Access Journals (Sweden)

    Alexandre Ferreira de Assumpção Alves

    2016-12-01

    Full Text Available Historical analysis of the legal treatment of the seizure of shares due to shareholder’s personal debt and the impacts of such measure on the affectio societatis. In order to do so, with the usage of the deductive method of research, hereby it will be presenting two different views on the issue: a first one based solemnly on the rules and principles the are commonly accepted and a second based on logical arguments. Afterwards, the two premises are going to be confronted in order achieve the best answers. Moreover, with the usage of bibliographical and documental research, this work intends to demonstrate how the seizure of shares has evolved from an impossibility, under the terms of the article 292 of the Commercial Code, to a reality, whereas the seizure is now possible even on those cases where the article of association lacks the regulation on the issue.

  9. Mizan Law Review

    African Journals Online (AJOL)

    Mizan Law Review publishes peer reviewed scholarly articles that identify, examine, explore and analyze legal and related principles, stipulations and concepts based on research findings. Mizan's articles aim at interpretation, description, exploration and diagnosis towards the solution of problems (or legal issues) ...

  10. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  11. GENERAL PRINCIPLES OF LAW

    Directory of Open Access Journals (Sweden)

    Elena ANGHEL

    2016-05-01

    Full Text Available According to Professor Djuvara “law can be a science, and legal knowledge can also become science when, referring to a number as large as possible of acts of those covered by law, sorts and connects them by their essential characters upon legal concepts or principles which are universally valid, just like the laws of nature”. The general principles of law take a privileged place in the positive legal order and represent the foundation of any legal construction. The essence of the legal principles resides in their generality. In respect of the term “general”, Franck Moderne raised the question on the degree of generality used in order to define a principle as being general – at the level of an institution, of a branch of the law or at the level of the entire legal order. The purpose of this study is to find out the characteristics of law principles. In our opinion, four characteristics can be mentioned.

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

    African Journals Online (AJOL)

    Enrique

    Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg. South Africa has a strong legal framework that offers a high level of .... medical practitioners preformed the transplant without confirming the HIV status of the donor. A claim for damages is pending ...

  13. UNA VALORACIÓN DE LA POSIBLE AUTONOMÍA DEL "DERECHO DE LOS MUSEOS" EN EL ORDENAMIENTO JURÍDICO PORTUGUÉS An assessment on the possible autonomy of "Museum Law" in the portuguese legal system

    Directory of Open Access Journals (Sweden)

    Abel Laureano

    2012-01-01

    Full Text Available El desarrollo y la mayor complejidad de la vida moderna, junto con una tecnicidad cada vez mayor de los instrumentos jurídicos de regulación de la sociedad y con otros factores, han provocado un aumento significativo en la cantidad de normas jurídicas, con el problema inherente de su enmarcación en sectores de cara a permitir una mejor comprensión y aplicación de esas normas; el problema clásico de la división del Derecho en ramas logra, por tanto, una renovada actualidad. Este estudio se centra, en el contexto de ese problema, sobre la cuestión de la posible autonomía de un conjunto específico de reglas que puede nombrarse como "Derecho de los Museos". Con referencia al actual régimen jurídico portugués, y a la distinción entre distintas formas de autonomía, se llega, en función de esas distintas modalidades, a conclusiones también distintas acerca de la autonomía de aquel conjunto de reglas.The development and bigger complexity of modern life, together with an increased technicality of legal instruments of Society's regulation and with other factors, have caused a significant increase in the amount of legal rules, with the inherent problem of their storage into sectors, in order to enable a better understanding and application of those rules; the classic problem of Law division in branches sees, thus, a renewed relevance. This study focuses, in the context of that problem, on the issue of the possible autonomy of a specific set of rules, which can be named as "Museum Law". With reference to Portuguese today's Legal System, and distinguishing between different forms of autonomy, it comes, depending on the different modalities, to different conclusions about the autonomy of that set of rules.

  14. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal adoption...

  15. The Enigmatic but Unique Nature of the Israeli Legal System ...

    African Journals Online (AJOL)

    In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system). Keywords: Israeli legal system, Israeli Supreme Court, legal systemics, ...

  16. 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.

  17. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    depends on the translation strategy chosen. To meet the needs of learners, legal translation dictionaries should be designed as augmented reference tools. Electronic and printed dictionaries should include sections or CD-ROMs with syntactic, translation etc. data as well as exercises and illustrative......Legal translation dictionaries for learners are reference tools that can help users with domain-specific discourse in a foreign language. The most common type is the bilingual law dictionary covering several or all the sub-fields within the general field of law. However, such law dictionaries tend...... strategies. When learners translate legal texts into a foreign language, it is important that their dictionaries can help them produce texts that conform to the expected style. This style requirement may be met by producing translations that use natural and idiomatic language, and really crafted dictionaries...

  18. Supreme Court Position Regarding the Implementation of International Law Crimes of the Past in Spain: a Legal Analysis after Reports of the un Working Group on Enforced Disappearance, the Committee on Enforced Disappearances and the un Special Rapporteur

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

    Full Text Available Along with the undeniable importance of the case, the judgment of the Spanish Supreme Court in the trial against Judge Baltasar Garzón accused of prevarication, having declared itself competent to investigate complaints for crimes committed during the Civil War and the Franco’s regime, it has had a determining significance: from then to now, the doctrine of the High Court has been almost literally followed by the remaining Spanish courts against any complaint concerning to crimes com- mitted before the last transition to democracy in Spain. This state of affairs has been repeatedly criticized by various bodies of the United Nations, expressly by the three that have visited Spain more recently: The UN Working Group on Enforced or Involuntary Disappearances, the Committee on Enforced Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Repetition. In this contribution will be presented and analysed transcendent positions defended by the Supreme Court regarding the application of international law to the past crimes in Spain and especially its configuration as crimes against humanity, the legal assessment about the enforced disappearance, and the validity and application of the 1977 Amnesty Law.

  19. RÉGIMEN ESPECIAL DE RECONOCIMIENTO DE LA PERSONALIDAD JURÍDICA DE DERECHO PÚBLICO EN LA LEY N19.638: MARCO LEGAL APLICABLE A LAS IGLESIAS CATÓLICA Y ORTODOXA The 19,638 act special regime for the recognition of public law personality: Legal regulation applicable to chatolic and orthodox chruches

    Directory of Open Access Journals (Sweden)

    Jorge Del Picó Rubic

    2012-01-01

    general regime for churches and religious groups lacking this personality by the time the law went into effect and, on the other hand, a special regime for churches that already had this personality that consisted of recognizing this preexisting legal personality, namely, the Roman, Catholic Apostolic Church and the Orthodox Church linked to the Antioch Patriarchy. This article deals with this special regime by shedding light on the legal framework, the direct sources and material context that presided over the regime creation process, and the effects of this regime. it also anticipates a coherent solution for the emerging interpretative issues. Particularly, it analyzes the legal regulation of the Catholic Church from the perspective of the Ecclesiastic Law of the Chilean State, as well as it proposes an interpretation regarding the legal situation of this church that takes aim at solving one of the most debated issues during the legislative process, whose effects lasts up to this day.

  20. Law across nations

    DEFF Research Database (Denmark)

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

  1. Selected Legal Issues in Catholic Schools.

    Science.gov (United States)

    Shaughnessy, Mary Angela

    This book examines legal issues that affect Catholic high schools. Chapter 1 discusses sources of the law and how fairness and due process, federal and state statutes, and various guidelines shape the law. Tort law, corporal punishment, search and seizure, defamation of character, and negligence are covered in chapter 2. Chapter 3 details issues…

  2. Sceptical remarks on the 'open' legal concept

    International Nuclear Information System (INIS)

    Sendler, H.

    1987-01-01

    Undeterminate concepts of law are used in Atomic Energy Law and in many other legal fields. The author has the opinion, the undeterminate concepts of law signify a relocation of responsibility to the administration. After a period of control of the administration by courts, a reversal to more independence of the administration is required. (CW) [de

  3. Informal administrative acts in public economic law

    International Nuclear Information System (INIS)

    Bauer, H.

    1987-01-01

    The article deals with agreements between the administration and citizens, which play a considerable part in public commercial law and in atomic energy law. The legal basis can be the doctrine of administrative legal relationship, which clarifies the reciprocity and multilaterality of the legal relationship. In the future informal administrative acts will have an increasing meaning. (CW) [de

  4. McGill's Integrated Civil and Common Law Program.

    Science.gov (United States)

    Morissette, Yves-Marie

    2002-01-01

    Describes the bijural program of McGill University Faculty of Law. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  5. Financial Literacy, Confidence and Financial Advice Seeking

    NARCIS (Netherlands)

    Kramer, Marc M.

    2016-01-01

    We find that people with higher confidence in their own financial literacy are less likely to seek financial advice, but no relation between objective measures of literacy and advice seeking. The negative association between confidence and advice seeking is more pronounced among wealthy households.

  6. Legal Education for Sustainability: A Report on US Progress

    Science.gov (United States)

    Dernbach, John C.

    2011-01-01

    This article is an overview of sustainability efforts in US law schools. It describes two sets of drivers for these efforts--inside and outside the legal profession. Drivers from within the legal profession include the American Bar Association as well as several state and local bar associations; law firms and other law organisations; and current…

  7. As novas tecnologias legais na produção da vida familiar: antropologia, direito e subjetividades = New legal technologies in family life production: anthopology, law and subjectivation

    Directory of Open Access Journals (Sweden)

    Fonseca, Cláudia

    2011-01-01

    Full Text Available Nesse artigo, exploramos a possível parceria entre a antropologia do direito e a teoria da biopolítica. Formulamos nossa contribuição a partir de uma pesquisa sobre os usos da tecnologia de DNA em investigações de paternidade realizada em diferentes instâncias do sistema judiciário de Rio Grande do Sul. Aproveitamos observações etnográficas nesses espaços institucionais para entender como determinadas situações produzem (reforçando ou modificando sentimentos associados à família. Depois de apresentar uma cena etnográfica inicial em que objetivamos dar cor e vida aos sujeitos que povoam os tribunais, seguimos o roteiro traçado por Rabinow e Rose (2006 para entender a cadeia de influências entre uma nova forma de conhecimento, rearranjos na hierarquia de poder, e novos “modos de subjetivação”. Em outras palavras, propomos mostrar que o sistema legal faz mais do que “solucionar conflitos”. Cria tensões, redefine relações e molda novas subjetividades

  8. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  9. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  10. Hardship in Bulgarian Law

    Directory of Open Access Journals (Sweden)

    Silviya TSONEVA

    2011-03-01

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

  11. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and

  12. Revising China's Environmental Law

    NARCIS (Netherlands)

    He, G.; Zhang, L.; Mol, A.P.J.; Lu, Y.; Liu, Wenling; Liu, J.

    2013-01-01

    China's Environmental Protection Law (EPL) is the main national environmental legislative framework. Yet the environmental legal system is incomplete, and implementation and enforcement of environmental laws have shown major shortcomings (1–3). A controversial attempt to revise the EPL could have

  13. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  14. Civil Law and Neuroscience

    NARCIS (Netherlands)

    de Kogel, C.H.; Schrama, W.M.; Smit, M.

    2014-01-01

    The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of

  15. Climate Change Law

    NARCIS (Netherlands)

    Farber, D.A.; Peeters, Marjan

    2016-01-01

    This book brings together over seventy fifty authors for a comprehensive examination of the emerging global regime of climate change law. Despite the relative youth of climate change law, we can already begin to see the outlines of legal regimes addressing climate change mitigation and adaptation

  16. Multiculturalism and legal plurality in Australia

    Directory of Open Access Journals (Sweden)

    Justin Dabner

    2016-12-01

    Full Text Available The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.

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

    NARCIS (Netherlands)

    Brus, Marcel M.T.

    2017-01-01

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

  18. Specific antismoking advice after stroke

    DEFF Research Database (Denmark)

    Hornnes, Nete; Larsen, Klaus; Brink-Kjær, Tove

    2014-01-01

    INTRODUCTION: Many stroke survivors would benefit from modification of their lifestyle in order to reduce their risk of recurrent stroke. We investigated if tailored smoking cessation advice would yield a higher smoking cessation rate and a higher rate with sustained abstinence in ex......-smokers in the intervention group than among controls. MATERIAL AND METHODS: Patients admitted with an acute stroke or a transient ischaemic attack were included in a randomised controlled trial focusing on control of lifestyle risk factors and hypertension. Here, we report the intervention focused on smoking cessation. We...

  19. Legal services in North West England: the changing landscape

    OpenAIRE

    Sugarman, David

    2008-01-01

    An overview of the legal services revolution in the North West of England. Originally presented as a paper at a conference on Legal services in North West England: the changing landscape" hosted by Lancaster University's Centre for Law and Society on September 27, 2007. Article by Professor David Sugarman, Director, Centre for Law and Society, Lancaster University Law School - published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Societ...

  20. Legal Aspects of Space Tourism

    Science.gov (United States)

    Jakhu, Ram

    2002-01-01

    This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.

  1. Law and Finance in Africa

    OpenAIRE

    Simplice A. Asongu

    2012-01-01

    This paper assesses how legal origin influences financial development through regulation quality and the rule of law. It employs all the dimensions identified by the Financial Development and Structure Database of the World Bank. The law channels are instrumented with legal origins to account for financial intermediary dynamics of depth, efficiency, activity and size. The results broadly support the benefits of law mechanisms in financial development. The findings only show partial support fo...

  2. ETHICS LAW DIALOGUE CULTURALIST

    OpenAIRE

    Oliveira Sobrinho, Afonso Soares

    2016-01-01

    The law is not the product of a univocal thought, but constructed from ethical relations, legal and political, cultural and institutional structuring-structured in the global society of the twenty-first century. The formation of the culturalist dialogical ethics law aims to encompass the diversity and pluralism of bodies and social actors through deliberative, participatory democracy in the creation, interpretation and application of law. Especially regarding the effectiveness of fundamental ...

  3. Afriforum v Malema: The limits of law and complexity | Buitendag ...

    African Journals Online (AJOL)

    Since law recognises only legal communication, this function means that the communication and identity are removed from legal subjects and given legal meanings. An attempt is made to open law to considerations external to what it traditionally considers to be relevant to its operation. The problem that law excludes facts it ...

  4. Mandeville on Corruption and Law

    OpenAIRE

    Simonazzi, Mauro

    2015-01-01

    This essay makes a distinction between two different meanings of the word «corruption»: moral corruption and legal corruption. The thesis is that in Mandeville's thought vice can be useful, while crime is always damaging. In this perspective, law is fundamental to tell vice from crime. Three points are examined: 1) the relationships between law and human nature, law and ethics, law and society; 2) the analysis of Mandeville's theory of law, in particular its nature and development; 3) the the...

  5. On the different meanings of the term law (zakon in Saint Sabba's Life of Saint Simon

    Directory of Open Access Journals (Sweden)

    Šarkić Srđan N.

    2015-01-01

    Full Text Available In mediaeval Serbian law the central legal term zakon (law indicated a generally obligatory rule (regula iuris which was usually not a result of the activity of a monarch as ultimate holder of state power. Even where a law was made by state authority such a legal rule had primarily the appearence of a customary legal provision, regulating the conditions within one particular manor (vlastelinstvo rather than within the whole national territory. Otherwise such laws prescibed the legal position of different categories of inhabitants and identified particular rules of status. Sometimes a law would be introduced to regulate one paricular problem. The concept of law in this period also includes a legal rule derived from custom or from a private contract. Each of these uses can be illustrated from many hundreds of cases from several sources. The use of the term zakon (law was present in the literary sources as well, such is The Life of Saint Simon (biography of Stefan Nemanja, founder of Serbian mediaeval dynasty Nemanjić, written by his youngest son Rastko, bether known under his monastic name Sabba (Sava. In Sabba's hagiography of his father we found the term zakon six times. Discribing the State Council (Državni sabor that had to decide who will be Nemanja's successor on the throne, Sabba writes that his father pronounced, among other, the following words: 'My sons, do not forget the orthodox law that I established.' The term orthodox law means here orthodox faith, that was established in Serbia after persecutions of Bogomilian heresy. For the second time, term zakon was used in the meaning of monarch's order. Nemanja says to his sons not to forget his laws. Further, giving the instructions to his sons, Nemanja use the citation from the Bible (The Book of Proverbs or Proverbs of Solomon 3, 1-18, where the term zakon corresponds to the latin ius, not lex. Hereinafter the word zakon means Torah or Pentateuch, the first five books of Bible (citation

  6. Legal Aspects of Brain-Computer Interfaces

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2014-01-01

    Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php

  7. Applying Legal Socialization to the Child Welfare System: Do Youths' Perceptions of Caseworkers Matter?

    Science.gov (United States)

    Kolivoski, Karen M.; Shook, Jeffrey J.; Johnson, Heath C.; Goodkind, Sara; Fusco, Rachel; DeLisi, Matt; Vaughn, Michael G.

    2016-01-01

    Background: Legal socialization is the process through which young people develop beliefs in the legitimacy of the law and legal system. Research has examined how perceptions of interactions with authority figures influence beliefs regarding the legitimacy of laws and legal system, thereby shaping compliance with the law (Fagan and Tyler in…

  8. PARA ESCRIBIR UNA TESIS JURÍDICA: TÉCNICAS DE INVESTIGACIÓN EN DERECHO TO WRITE A LEGAL THESIS: RESEARCH TECHNIQUES IN LAW

    Directory of Open Access Journals (Sweden)

    Sebastián López Escarcena

    2011-01-01

    Full Text Available Investigar es buscar información para responder una pregunta destinada a resolver un problema. Esta actividad requiere un método, que puede definirse como un modo de decir o de hacer algo con orden. En derecho, normalmente, será necesario plantear una proposición razonada o tesis, orientada a hacer una contribución original. Es indispensable definir el objeto de la tesis a fin de determinar la accesibilidad y manejo de las fuentes, tanto primarias como secundarias. Elegido el tema de la tesis, se debe hacer una bibliografía e índice tentativos. El plan de trabajo incluye un título provisorio, que transformado en pregunta guiará la investigación. Su respuesta se debe articular en torno a un argumento central, siguiendo cuatro modelos posibles: descriptivo; analítico; argumentativo, y mixto. Redactar una respuesta efectiva a una pregunta de investigación requiere respetar ciertas reglas que rigen su macro y/o micro-estructuras. Un aspecto fundamental en este proceso es la satisfacción de las expectativas del lector.Research means to look for information to answering a question aimed at solving a problem. This activity requires a method, which can be defined as a form of saying or doing something with order. In law, it will normally be necessary to state a reasoned proposition or thesis, destined to make an original contribution. It is essential to define the object of the thesis in order to establish the accessibility and handling of the sources, both primary and secondary. Once the subject of the thesis is chosen, a tentative bibliography and table of contents should be made. The work plan includes a provisional title, which transformed in a question will guide the research. Its answer should be articulated around a central argument, following four possible models: descriptive; analytic; argumentative; and matrix patterns. Drafting an effective answer to a research question requires respecting certain rules that regulate its macro

  9. The anti-competitive agreements in the prospective of the law on competition protection - An inside in the Albanian practices and legal framework

    Directory of Open Access Journals (Sweden)

    Rezana Konomi Perolla

    2015-07-01

    prices. This may happen at horizontal level, but also at vertical level. What do we perceive with prohibited agreements under Albanian law of competition? What are the forms of agreements that are prohibited and which are excluded? These are some of the questions that this article adresses.

  10. €œLegal Boundaries of Online Advertising"

    OpenAIRE

    Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

    2014-01-01

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

  11. Transnational Legal Education : A Comparative Study of Japan and Australia

    OpenAIRE

    Nichol, Matt

    2013-01-01

    Legal education is transnationalizing. The legal classroom is globalizing, in that a university's classroom is not defined by walls but is now mobile through technology and international university affiliations. The legal classroom itself is globalized, composed of local and international students. To meet the demands of a global economy and the subsequent globalization of the legal profession, law faculties have been required to transnationalize their legal education, teaching a mix of domes...

  12. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  13. Case law

    International Nuclear Information System (INIS)

    2016-01-01

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

  14. Legal consciousness and legal culture in the context of legal education of future pharmacists

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

    , feelings, people's ideas about law, its place and role in ensuring the freedom of the individual and other universal values. The level of assimilation by members of society of legal values (legal norms and principles, skills of lawful behavior, respect for law, etc., the degree of mastering them and their practical implementation is a legal culture. It is an integral part of the general culture of both the society as a whole and its member, demonstrating the level of rightness and legal activity of society. Conclusions. During the research it was proved that the formation and improvement of the legal consciousness and legal culture is required by student youth, as the main bearer of the intellectual and physical potential of the nation. The issues of formation of legal consciousness and legal culture of students acquires special significance; these categories of youth should be formed not only by professionals of high qualification, but also by highly moral, highly cultured and law-conscious citizens - the real elite of a civilized, democratic society declared by the Constitution of Ukraine.

  15. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

    Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law

  16. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

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

    1991-01-01

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

  17. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

    Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)

  18. 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

  19. Legalizing the Intolerable Is a Bad Idea.

    Science.gov (United States)

    Hawley, Richard A.

    1991-01-01

    History reveals that drug legalization accelerates new use and contributes to a larger population of chronic users. When states energetically enforce antidrug laws and policies, illegal drug use is reduced and eliminated. Drug use is incompatible with healthy child development and learning. Legalizing drugs is the shallowest response to the…

  20. Washington State Retail Marijuana Legalization: Parent and Adolescent Preferences for Marijuana Messages in a Sample of Low-Income Families.

    Science.gov (United States)

    Hanson, Koren; Haggerty, Kevin P; Fleming, Charles B; Skinner, Martie L; Casey-Goldstein, Mary; Mason, W Alex; Thompson, Ronald W; Redmond, Cleve

    2018-03-01

    As legalization of nonmedical retail marijuana increases, states are implementing public health campaigns designed to prevent increases in youth marijuana use. This study investigated which types of marijuana-related messages were rated most highly by parents and their teens and whether these preferences differed by age and marijuana use. Nine marijuana-focused messages were developed as potential radio, newspaper, or television announcements. The messages fell into four categories: information about the law, general advice/conversation starters, consequences of marijuana use/positive alternatives, and information on potential harmful effects of teen marijuana use. The messages were presented through an online survey to 282 parent (84% female) and 283 teen (54% female) participants in an ongoing study in Washington State. Both parents and youth rated messages containing information about the law higher than other types of messages. Messages about potential harms of marijuana use were rated lower than other messages by both generations. Parents who had used marijuana within the past year (n = 80) rated consequence/positive alternative messages lower than parent nonusers (n = 199). Youth marijuana users (n = 77) and nonusers (n = 202) both rated messages containing information about the law higher than other types of messages. Youth users and nonusers were less likely than parents to believe messages on the harmful effects of marijuana. The high ratings for messages based on information about the marijuana law highlight the need for informational health campaigns to be established as a first step in the marijuana legalization process.

  1. Innovative Legal Approaches to Address Obesity

    Science.gov (United States)

    Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D

    2009-01-01

    Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420

  2. U.S. Legal Permanent Residents: Fiscal Year 2012

    Data.gov (United States)

    Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  3. U.S. Legal Permanent Residents: Fiscal Year 2011

    Data.gov (United States)

    Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  4. U.S. Legal Permanent Residents: Fiscal Year 2007

    Data.gov (United States)

    Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  5. U.S. Legal Permanent Residents: Fiscal Year 2009

    Data.gov (United States)

    Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  6. U.S. Legal Permanent Residents: Fiscal Year 2010

    Data.gov (United States)

    Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  7. U.S. Legal Permanent Residents: Fiscal Year 2008

    Data.gov (United States)

    Department of Homeland Security — A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  8. Networks and informal contract law

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.

    2017-01-01

    It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.

  9. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

      The aim of this paper is to shed new light on a central, yet much misunderstood source from the initial stage in the process of the codification of Danish law. On the literal level, the Lex castrensis, written in the 1180s, represents a description of changes in the internal jurisdiction...... of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  10. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

    Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.

  11. What are the next steps? Legal perspectives on Mexico's general climate change law; Cuales son los siguientes pasos? Perspectivas juridicas sobre la ley general de cambio climatico de Mexico

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2012-07-01

    This publication is part of a project to strengthen legal capacities in Mexico, to analyze and propose alternatives that facilitate climate change mitigation and the transition to a low carbon economy. It started as an initiative of the Ministry of the Environment and Natural Resources (Semarnat). This project focuses on the creation of legal capacities for climate mitigation because, while Mexico has accomplished remarkable achievements in the development of climate policies, this progress has not been matched in the development of legal capacities regarding climate change. In regard to progress on climate policy, Mexico has developed the long-term National Climate Change Strategy (2007) and Special Climate Change Program (2009-2012), completed economic projections of climate change costs - such as the inaction costs estimated in the study Economy of Climate Change in Mexico, and generated and disseminated climate information - for example, 1. Mexico has already submitted four National Communications on Climate Change and is preparing a Fifth to submit to the UNFCCC. 2 However, until the recent promulgation of the General Law on Climate Change on June, 2012, developments in the legal field to complement the efforts to address and cope with climate change in Mexico were far behind developments in other areas at the national level. [Spanish] Esta publicacion forma parte de un proyecto para el fortalecimiento de capacidades nacionales en el area juridica, para analizar y proponer alternativas que faciliten la mitigacion del cambio climatico y la transicion de Mexico a una economia baja en carbono y surgio a iniciativa de la Subsecretaria de Planeacion y Politica Ambiental de la Secretaria de Medio Ambiente y Recursos Naturales (Semarnat). Nos enfocamos en la creacion de capacidades juridicas porque mientras que en Mexico habiamos visto logros muy importantes en areas como la definicion de politicas publicas de accion climatica; la cuantificacion de los costos del

  12. The legalization of corporate social responsibility: towards a new doctrine of international legal status in a global governance context

    NARCIS (Netherlands)

    Bijlmakers, Stephanie

    2017-01-01

    This thesis examines whether Corporate Social Responsibility (CSR) and the responsibilities of business enterprises for human rights have been legally defined in international, European law and national law. This analysis, in turn, generates novel insights and impetus for reconsidering the

  13. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  14. Conservación de la biodiversidad en Chile, ¿legalmente suficiente?: La necesidad de cartografiar la ley antes de decidir Biodiversity conservation in Chile, legally enough?: The need for mapping the law before deciding

    Directory of Open Access Journals (Sweden)

    PATRICIO F. PELLET

    2005-03-01

    Full Text Available El 99,8 % del territorio donde se sustenta la biodiversidad es rural y ha estado tradicionalmente regulado por legislación dispersa, sectorial e inorgánica. La legislación moderna, más holística, como la Ley de Bases Generales del Medio Ambiente adolece de imperfecciones relacionadas con la vigencia, la interpretación y, sobre todo, el que la ley se haga cumplir. En este trabajo argumentamos que la aplicación de modelos tomados de la literatura ecológica buscando apoyar la biología de conservación puede ser complementada fuertemente si es acompañada de una medición de la superficie territorial (cantidad y distribución en el espacio efectivamente afectada por la legislación vigente de protección ambiental. Nuestro trabajo intenta dar respuesta a la pregunta ¿cuánto es lo que efectivamente, en superficie, queda protegido si se hace cumplir la ley? Para esto hemos expresado cartográficamente textos legales relacionados con el bosque nativo, analizamos la complejidad y los efectos de su aplicación y demostramos que basta hacer cumplir la ley para asegurar un mínimo en que, además de aumentar la superficie protegida, aumenta la conectividad y cambian los patrones de fragmentación. La metodología muestra claras ventajas relacionadas con su aplicación para el monitoreo, planificación y control de efectividad de programas socialesAbout 99.8 % of the land sustaining biodiversity in Chile is rural and regulated by legislation, which has been qualified as disperse, too specific or inorganic. Even though modern legislation like (Chilean Law of Environmental Basis tends to be more holistic in nature, serious imperfections connected with applicability, interpretation and, mainly enforcement still prevails. We argue here that any search for, or application of, ecological models as a support for conservation biology could be strongly complemented by a measurement of the land surface (amount and spatial distribution effectively affected

  15. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  16. La Kafâla ou recueil légal des mineurs en droit musulman : une adoption sans filiation Kafâla – or Legal Guardianship of Minors in Islamic Law: Adoption without Filiation

    Directory of Open Access Journals (Sweden)

    Marie-Christine Le Boursicot

    2010-07-01

    Full Text Available 1La kafâla ou recueil légal d’un mineur abandonné ou orphelin, mesure de protection de l’enfant reconnue par les conventions internationales, est réglementée dans certains pays de droit musulman, notamment l’Algérie et le Maroc, qui par ailleurs interdisent l’adoption en vertu de la sharia. De nombreuses familles françaises qui ont leurs origines dans ces deux pays y recueillent en toute légalité des enfants en kafâla. Mais la kafâla ne crée pas de lien de filiation au contraire de l’adoption, de sorte que l’enfant au regard du droit français ne fait pas partie de la famille qui l’a accueilli, d’où des difficultés administratives à la fois lors de l’entrée en France de ces enfants, mais également lors de leur séjour. En outre, le Parlement français a voté en 2001 une loi interdisant aux juges de prononcer l’adoption des enfants étrangers nés dans les pays où l’adoption est interdite : il en résulte que les enfants recueillis en kafâla issus pour la plupart de ces pays ne peuvent pas être adoptés par ceux qui les élèvent, en tout cas pas avant d’avoir acquis la nationalité française et pas avant cinq années.The kafâla, or legal guardianship of a minor who has been abandoned or orphaned, and a means of child protection recognized by international conventions, is regulated in certain Muslim law countries – notably Algeria and Morocco, which also prohibit adoption by virtue of sharia law. Many French families from these two countries take children into custody under the law (through kafâla. But unlike adoption, kafâla does not create a paternal tie, such that under French law the child is not part of his or her new family – giving rise to administrative problems at the point of the child’s entry into France, and also in the course of their residence. Moreover, in 2001, the French parliament passed a law prohibiting judges from granting adoptions to foreign children born in countries

  17. Drug product selection: legal issues.

    Science.gov (United States)

    Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A

    2001-01-01

    To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

  18. 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.

  19. 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.

  20. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    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......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...