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
van Hoek, A.A.H.
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
Berlingher Remus Daniel
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.
Schovsbo, Jens Hemmingsen
. the UDRP (WIPO) and the Danish Complaints Board for Internet Domain Names (the Board) to discuss how and to what extent the domain name system balances interests between trademark owners and other users of domain names and secures the rule of law (legal certainty and predictability) with a special focus...
Schovsbo, Jens Hemmingsen
Abstract This article evaluates the performance of the special private tribunals or panels such as the UDRP which have been developed within complicated systems of self- and co-regulation such as ICANN to decide disputes over domain names. It uses two different dispute resolution models viz...
Schovsbo, Jens Hemmingsen
This chapter evaluates the performance of the special private tribunals or panels such as the UDRP which have been developed within complicated systems of self- and co-regulation such as ICANN to decide disputes over domain names. It uses two different dispute resolution models viz. the UDRP (WIPO...
Full Text Available Subject matter of analyze in this article are legal assumptions which must be met in order to enable private company to call for additional payment. After introductory remarks discussion is focused on existence of provisions regarding additional payment in formation contract, or in shareholders meeting general resolution, as starting point for company's claim. Second assumption is concrete resolution of shareholders meeting which creates individual obligations for additional payments. Third assumption is defined as distinctness regarding sum of payment and due date. Sending of claim by relevant company body is set as fourth legal assumption for realization of company's right to claim additional payments from member of private company.
Full Text Available Privatization of the security sector is considered a new phenomenon in the post communist society. The security system has been under a total monopol of the state institutions. Therefore, even the legal adjustment of this system is considered that only state institutions are entitled for provision of the security services, by excluding participation of civic organizations from this activity. Beside this, state enterprises have been obliged to establish its safet structures for property protection and involved employers in enterprises. Immediately after the conflictual period the privatization of the security sector was rapidly increased, including various parts of society. In Kosovo immediately after the conflictual period there was legal gaps, which means that the private security sector has not been adjusted and as a result of this has been uncontrolled and without supervision. Therefore in 2000 the UNMIK administration has undertaken measures and has carried out the first act which has regulated this sector in Kosova. The draft law has undergone significant changes starting from the title. Saying in more common manner, “Draft law for private security” is amended in the LAW no. 04/L-004.2001 for private security services, and this amendment of the private security sector is based in the above mentioned law.
Schiavon, Raffaela; Collado, Maria Elena; Troncoso, Erika; Soto Sánchez, José Ezequiel; Zorrilla, Gabriela Otero; Palermo, Tia
In 2007, first trimester abortion was legalized in Mexico City, and the public sector rapidly expanded its abortion services. In 2008, to obtain information on the effect of the law on private sector abortion services, we interviewed 135 physicians working in private clinics, located through an exhaustive search. A large majority of the clinics offered a range of reproductive health services, including abortions. Over 70% still used dilatation and curettage (D&C); less than a third offered vacuum aspiration or medical abortion. The average number of abortions per facility was only three per month; few reported more than 10 abortions monthly. More than 90% said they had been offering abortion services for less than 20 months. Many women are still accessing abortion services privately, despite the availability of free or low-cost services at public facilities. However, the continuing use of D&C, high fees (mean of $157-505), poor pain management practices, unnecessary use of ultrasound, general anaesthesia and overnight stays, indicate that private sector abortion services are expensive and far from optimal. Now that abortions are legal, these results highlight the need for private abortion providers to be trained in recommended abortion methods and quality of private abortion care improved. Copyright © 2010 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.
Full Text Available Between the right to defence and assistance and the civil rights a close connection has been identified. Sometimes the realisation and protection of these rights, such as the right to life, to personal dignity, to private life etc., in general are impossible without the right to defence and legal assistance. First, the right to legal assistance allows the individual to comprehend the powers conferred to him by this right. Second, the right to legal assistance allows the protection and enforcement of these personal rights. The subjects of both rights are all the persons who have the right to information about the status of their own rights and liberties and the problems impeding their achievement. The importance of informing citizens and states in all spheres, and in particular about the implementation scope of the right to legal assistance consists in the population’s comprehensive legal information.
Tamara M. Matović
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.
Florentino Ruiz Ruiz
Full Text Available The donating of assistance to those people in grave need presents the case for examining the contents of what is known as humanitarian assistance, for determining its field of application, for looking at those to whom it is addressed and at those who are able to offer it. Also, given that this assistance is capable of being offered in very different situations, of putting both peace and international security in danger or of dealing with events which have nothing to do with it, both the General Assembly of the UN as well as the SecurityCouncil have shown how they are related in determined circumstances. The assistance can be offered by governmental institutions or dependents of international organizations such as through Non-Governmental Organizations putting forward new questions aboutthe principle of non-intervention. Furthermore, in those cases in which assistance cannot be offered with the consent of the territorial State, or, in the case of armed conflict, of the contending sides, its very effectiveness necessarily involves the establishment of some system of protection for those who offer assistance, and to try and assure the arrival of help to those to whom it is destined.Conceived and shaped by the Resolutions of the General Assembly with respect to state sovereignty, the offering of humanitarian assistance does not mean that it does not imply limits to the sovereignty of the States and that the need to make it effective does not impose obligations upon them, which as they regard guaranteeing basic human rights such as the right to life or physical well-being can, for their connection with the latter, constitute obligations erga omnes. In any case, it is a developing institution, as well as with regard to its legal consequences, whose real effectiveness must advance by way of identifying rights which are harmed in the case of the offer for assistance being refused or impeded it and the consequences which such interference carries with it.
Erwe, H.; Uhlenberg, K.P.; Vietor, G.
'Whenever right turns to wrong, it is our duty to offer resistance'. More and more people have come to realize that it is not enough to go to the polls every four years or to commit oneself to working in one party. Politics, administration and industry do follow principles of their own, taking shelter behind self-made factual obligations. However, those concerned have started to go for their own interests, standing up against threats in great things as well as against changes in little things. How to offer legal assistance, what to note when in action and which consequences 'violations of law and order' may have is described in this law guide in a manner easy to understand, and is demonstrated by means of numerous working examples to all those who have become active members of citizens action groups and associations. (orig.) [de
Marco Antonio Scanavini
Full Text Available Objective: To analyze the attributes and legal implications of the Dentists’ Assistants, both from the aspect of the use of their services and their education/training. Methods: Five hundred questionnaires were distributed to Dentists’ assistants in private clinics in the region of Piracicaba, São Paulo, of which 127 (25.4% returns were received, answered by the assistants themselves.Results: All the professionals researched were women, and 55.9% of them had completed high school. The majority of the assistants were trained by the dentist him/herself, sometimes exceeding, and at other times falling short of the demands of their functions. The majority (18.1% were registered with the Regional Council of Dentistry and 74.8% were registered in the Employment Books. No assistants were sued by or received warning from the Regional Council of Dentistry.Conclusion: Wider publication of the Dental Code of Ethics and consolidation of norms for procedures in the Dentistry councils as regards professionals and assistants is important in order to avoid misuse of their services. Stricter monitoring is required to prevent assistants from performing inadequate activities, as well as those outside of their professional education.
Ulusoy, Ali; Oguz, Fuat
This paper analyzes the recent regulatory reform in the Turkish Electricity Distribution Market from a legal and economic perspective. We highlight tensions between the judiciary, politicians and bureaucracy and discuss their economic consequences. The paper engages in a discussion of economic consequences of legal procedures. We stress interactions between legal decisions and economic institutions. The historical positions of the Constitutional Court and Danistay (Council of State), on privatizations have been ambivalent and it is hard to qualify them as an incentive for privatization and reform, despite some recent liberal decisions. We address reasons behind their decisions and offer some suggestions toward improving the privatization process
Golden, Marilyn; Zoanni, Tyler
This article is an overview of the problems with the legalization of assisted suicide as public policy. The disability community's opposition to assisted suicide stems in part from factors that directly impact the disability community as well as all of society. These factors include the secrecy in which assisted suicide operates today, in states where it is legal; the lack of robust oversight and the absence of investigation of abuse; the reality of who uses it; the dangerous potential of legalization to further erode the quality of the U.S. health care system; and its potential for other significant harms. Legalizing assisted suicide would augment real dangers that negate genuine choice and self-determination. In view of this reality, we explore many of the disability-related effects of assisted suicide, while also addressing the larger social context that inseparably impacts people with disabilities and the broader public. First, after addressing common misunderstandings, we examine fear and bias toward disability, and the deadly interaction of assisted suicide and our profit-driven health care system. Second, we review the practice of assisted suicide in Oregon, the first U.S. state to legalize it, and debunk the merits of the so-called Oregon model. Third and finally, we explore the ways that so-called "narrow" assisted suicide proposals threaten inevitable expansion. Copyright © 2010 Elsevier Inc. All rights reserved.
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
Full Text Available The movement of people, goods, money, intellectual property and ideas, nowadays is a normal phenomenon and important characteristic of the contemporary world, and certainly would be characteristic for the future, even in a greater extent, when we consider the fact that globalization today is one of the phenomena that has swept across the globe. Knowing the fact that the intensification of legal relations with a foreign element as to the type and for the content imposes various problems of law, which greatly appears repeatedly and stretches in a new form and new dimension, so today in terms of development contemporary society in general, there are no legal areas where no foreign element appears. For this reason, taking into account the development and intensification of legal relations with a foreign element, especially in the late twentieth century, with the dissolution of a significant number of countries and the creation of new states there are new situations created, which seek diverse solutions that would answer the interests of legal entities, which should be in accordance with the principles of the international community and for this reason a study of this topic will be analyzed.
van Walsum, S.K.
This article discusses the changing role that work performed in private homes has played, and continues to play, in migration law in the Netherlands and at the EU level. It explores to what degree work performed in the home is defined as (exploitative) contractual labour or as inherent to family
Full Text Available In a world in which IT is developing faster than ever, providing reliable solutions to all problems, regardless the field of interest, the issue of computer-assisted translation systems is more and more complex, offering both advantages and disadvantages. The field of translating legal texts from Romanian into English is deprived of a large number of specialists and this is one of the main reasons why more and more people resort to computer-assisted translations, especially Google translations when dealing with translating various texts (from Romanian into English or vice-versa, in this particular case legal texts. Yet, although this field has immensely thrived recently, and is quite reliable for simple and very easy translations, the average English speaker runs huge risks of falling into traps that can lead to errors and misinterpretations. Thus, this article aims to identify the main theoretical approaches to computer-assisted theories and the major risks and threats that occur in this type of translation, focusing particularly on legal texts. There are important differences, not only of words, but also differences in the legal systems themselves, both theoretical and practical ones, which must be correctly dealt with -something which computer-assisted translation cannot do (yet.
Kiser, Jerry D.
With the shift in Americans' beliefs regarding legalizing physician-assisted suicide for the terminally ill, counselors must be prepared to counsel clients who have decided to end their lives. For counselors to avoid violating the ethical guidelines established by the American Counseling Association (ACA) regarding these clients, a reevaluation of…
The movement of people, goods, money, intellectual property and ideas, nowadays is a normal phenomenon and important characteristic of the contemporary world, and certainly would be characteristic for the future, even in a greater extent, when we consider the fact that globalization today is one of the phenomena that has swept across the globe. Knowing the fact that the intensification of legal relations with a foreign element as to the type and for the content imposes various problems of law...
Heldeweg, Michiel A.; Sanders, Maurits
The discourse on Public Private Partnerships (PPP) is focused most on Procurement or on what we name ‘Market-PPP’. Placing PPP in the shift from government to governance calls for attention especially to those PPP, which are geared to exercise public legal powers. These ‘Authoritative PPP’ are most
Full Text Available The objective of the study is to identify and measure the relationships among stakeholders that influence the process of policy-making in defining legality of timber from private forests. The study focuses on the policy-making process of the Ministry of Forestry Regulation P.38/Menhut-II/2009 on Standard and Guidelines for Assessment of Sustainable Forest Management Performance and Timber Legality Verification of Concessionaire or of the Private Forest License Holder as the subject that has been implemented in several private forest management units as follow: Giri Mukti Wana Tirta in Lampung, Koperasi Serba Usaha APIK in Bali, Koperasi Hutan Jaya Lestari in South East Sulawesi, and Koperasi Wana Lestari Menoreh Kulonprogo in Yogyakarta. This research used a qualitative approach and the analysis method used in this research is a modified-stakeholder analysis that developed by ODA (1995, Reitbergen et al. (1998, and Mayer (2005. The stakeholder analysis shows that the interests and influences do not consider private forest farmers as primary stakeholder during the process of policy formulation. The strong national and international interests, supported by high authority could not be influnced by the role of the NGOs and academicians. The imbalance of responsibilities, rights, and revenues that was experienced by farmers as the manager of private forest when started implementing the policy was more as burdens, it means implementation of the policy was more as burdens. Strong relationships between the Ministry of Forestry with the state as a core could not empower the relationship with private forest farmers. As result, policy assumptions cannot be implemented properly.Keywords: policy making process, timber legality, private forest, stakeholder.DOI: 10.7226/jtfm.19.2.156
In Europe, there is a wide variety of genetic tests that various private companies offer to patients or to consumers. More and more people have become curious about their genetic predisposition and susceptibility. Most public health-care systems, however, are not adequately prepared for responding to these new demands and to the results of these genetic tests as, quite often, there is no available therapy for the identified genetic condition. This discrepancy between the newly emerging expectations and the insufficient responses contributes to a further rift between the public and private sectors of health care. Individual genetic test results may also trigger the need for personalized medicine and may open up a competition between the two fields in offering further genetic tests and medical exams. Pro-active patients may need a different kind of information on genetic tests and their implications. In this context, how should the public health system deal with the challenges of private testing? Will private genetic testing transform health care from a solidarity-based system to an individualistic one? In this paper, I would like to explore the emerging legal and ethical issues related to genetic testing and the relevant legal framework that has developed so far. In the conclusion, I will examine the possibilities of further legal development.
Full Text Available In Europe, there is a wide variety of genetic tests that various private companies offer to patients or to consumers. More and more people have become curious about their genetic predisposition and susceptibility. Most public health-care systems, however, are not adequately prepared for responding to these new demands and to the results of these genetic tests as, quite often, there is no available therapy for the identified genetic condition. This discrepancy between the newly emerging expectations and the insufficient responses contributes to a further rift between the public and private sectors of health care. Individual genetic test results may also trigger the need for personalized medicine and may open up a competition between the two fields in offering further genetic tests and medical exams. Pro-active patients may need a different kind of information on genetic tests and their implications. In this context, how should the public health system deal with the challenges of private testing? Will private genetic testing transform health care from a solidarity-based system to an individualistic one? In this paper, I would like to explore the emerging legal and ethical issues related to genetic testing and the relevant legal framework that has developed so far. In the conclusion, I will examine the possibilities of further legal development.
Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre
The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.
Elvida Yosefi Suryandari
Full Text Available International market requires producers to proof the legality of their wood products to address the issues of illegal logging and illegal trade. Timber Legality Verification System (TLVS has been prepared by the Government of Indonesia that covering the upstream and downstream wood industries. This paper aims to evaluate gaps in the implementation of TLVS policy and its impact on the sustainability of timber industry. This study was using gap, descriptive and costs-structure analyzes. The study was conducted in three provinces, namely: DKI Jakarta, West Java and D.I. Yogyakarta. Research found that the effectiveness of the TLVS implementation was low due to relatively rapid policy changes. This situation became disincetive for investments in timber business. Private sector perceived that TLVS policy should be applied in the upstream of timber business. Hence, the industry and market in the downstream have not been fully support to this system. Furthermore, TLVS policy implementation was considered ineffective by timber industry as well as private forest managers, especially by micro industry and smallholder private forests. This situation threatened the sustainability of timber industry and private forests. Therefore, Institutions should be strengthened in order to improve the quality of human resources and the competitiveness of products.
This article argues in favour of three related claims: First, suicide is not an immoral act. If people autonomously choose to kill themselves, this ought to be respected. Second, we can deem the desire to die comprehensible, and even rational, when the person contemplating suicide does not see a meaning in her life. This assessment is not based on a metaphysically dubious comparison between the actual life of a person and the supposed state of being dead. Third, from the first two theses it does not automatically follow that we should allow other people to help someone who autonomously and rationally chooses to die to pursue this plan. To argue against indirect legal paternalism, the practice of legally preventing someone else to assist a person to perform a suicide or to be killed on request, needs additional reasons. It is argued that assisted suicide and voluntary active euthanasia can indeed be justified by establishing a claim of persons who want to die but are not able to kill themselves. This mainly means that being really free to die should be interpreted as involving the means to fulfil one's desire to die. Copyright © 2013 Elsevier Ltd. All rights reserved.
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
Petersen, Kerry; Baker, H W G; Pitts, Marian; Thorpe, Rachel
The professional and legal regulation of assisted reproductive technologies (ART) in Australia is a vast maze of intersecting laws and guidelines which place restrictions on the provision of services such as infertility treatment, surrogacy, sex selection for social reasons, donor insemination, pre-implantation diagnosis and human embryo research. This study investigated the application of these restrictions on clinical practice in New South Wales, a relatively unregulated State, and Victoria, a relatively highly regulated State. The results of the survey indicate that the range of ART services in Victorian clinics was far more limited than in New South Wales clinics. The Victorian clinics uniformly restricted access of single and lesbian women and did not offer social sex selection procedures. The New South Wales clinics adopted different polices regarding these services. It was found that restrictive laws governing "social" issues have a significant impact on the availability of ART services and some respondents seemed unclear about the nature of restrictions and laws relevant to their work. It was also found that "reproductive tourism" is prevalent and restrictions were circumnavigated by patients with assistance from clinics. It was concluded that more evidence is required to evaluate regulation in this field of medicine.
Spriet, Lawrence L; Perry, Christopher G R; Talanian, Jason L
Physical training and proper nutrition are paramount for success in sport. A key tissue is skeletal muscle, as the metabolic pathways that produce energy or ATP allow the muscles to complete the many activities critical to success in sport. The energy-producing pathways must rapidly respond to the need for ATP during sport and produce energy at a faster rate or for a longer duration through training and proper nutrition which should translate into improved performance in sport activities. There is also continual interest in the possibility that nutritional supplements could further improve muscle metabolism and the provision of energy during sport. Most legal sports supplements do not improve performance following oral ingestion. However, three legal supplements that have received significant attention over the years include creatine, carnitine and sodium bicarbonate. The ingestion of large amounts of creatine for 4-6 days increases skeletal muscle creatine and phosphocreatine contents. The majority of the experimental evidence suggests that creatine supplementation can improve short-term exercise performance, especially in sports that require repeated short-term sprints. It may also augment the accretion of skeletal muscle when taken in combination with a resistance-exercise training programme. Supplementary carnitine has been touted to increase the uptake and oxidation of fat in the mitochondria. However, muscle carnitine levels are not augmented following oral carnitine supplementation and the majority of well-controlled studies have reported no effect of carnitine on enhancing fat oxidation, Vo(2max) or prolonged endurance exercise performance. The ingestion of sodium bicarbonate before intense exercise decreases the blood [H+] to potentially assist the efflux of H+ from the muscle and temper the metabolic acidosis associated with intense exercise. Many studies have reported performance increases in laboratory-based cycling tests and simulated running races in
Full Text Available The overview image of the public-private partnership is represented by cooperation between the public and private actors to carry out the activities of public interest, cooperation based on the capacities of each partner to allocate properly the resources, risks and benefits. The main elements of the institutional framework are established by the national legislation. The traditional domains for the development of the partnerships are necessary at the national level and for infrastructure. The increasing tendency toward decentralization of the provision of services introduces a lot of public-private opportunities like health, education and other social services in the non-traditional areas, as well. The study analysis presents the idea of partnership as a means of solving the problem of more and more limited resources which are at the disposal of public administration. The quality of legal framework and government policies for the development of partnerships gives to this way of cooperation, either the quality of strategy in the public policies, which purpose is to obtain greater benefits by combining the resources of those two sectors, or the limited solution to the re-launch of the economy and to meet the general interest.
Full Text Available National laws represent a combination of customary and ethical, but also political and other opinions in a society. Particularly delicate, are the laws regulating the issue of assisted reproduction. In this area, broad social acceptance of legal solutions is an essential prerequisite for their use, while achieving the consent of the majority, especially the consensus is extremely difficult, almost impossible. As much as the laws seek to implement those views that are predominant, the adopted solutions will always remain incapable of granting wishes to a certain number of people. These persons, in an understandable effort to realize their desire for an offspring at any cost, will not hold back from seeking help at any place, even if it meant going to distant destinations and extracting large sums of money. In fact, many patients go to other countries which set less restrictive rules in the field of assisted reproduction, and it appears that in the near future we could not expect a reduction of this trend. This phenomenon, which is in theory called reproductive tourism, has long been a reality that one can see as a problem, while others view it as an irreplaceable solution. This paper seeks to highlight the main causes of this phenomenon, but also to try and give an answer as to, whether reproductive tourism should be prevented (and how or actually its maintenance in force reduces moral conflict in society through a mechanism that recognizes the right of everyone to a considerable extent of free will in decision making regarding the most significant issues which offspring certainly is.
Belenki, Liudmila; Sterzik, Vera; Bohnert, Michael; Zimmermann, Klaus; Liehr, Andreas W
Reflectance spectrometry is a fast and reliable method for the characterization of human skin if the spectra are analyzed with respect to a physical model describing the optical properties of human skin. For a field study performed at the Institute of Legal Medicine and the Freiburg Materials Research Center of the University of Freiburg, a scientific information repository has been developed, which is a variant of an electronic laboratory notebook and assists in the acquisition, management, and high-throughput analysis of reflectance spectra in heterogeneous research environments. At the core of the repository is a database management system hosting the master data. It is filled with primary data via a graphical user interface (GUI) programmed in Java, which also enables the user to browse the database and access the results of data analysis. The latter is carried out via Matlab, Python, and C programs, which retrieve the primary data from the scientific information repository, perform the analysis, and store the results in the database for further usage.
There is unanimity among states to protect the continuation of life of the individual as a safeguard against their collective extinction. The right to life is accordingly guaranteed but its antithesis, the right to die is the subject of an unending debate. The controversy over the right to die is deepened by rapid advances in medicine, creating the capability for prolongation of life beyond the span which one's natural strength can endure. Ghana's supreme law explicitly guarantees the right to life but remains ambiguous on right to die, particularly euthanasia and assisted dying. Thus, some of the other rights, such as the right to dignity and not to be tortured, can creatively be exploited to justify some instances of euthanasia. Ghana's criminal code largely proscribes euthanasia. Notwithstanding, proscription of euthanasia and assisted dying by the law, in Ghana's empirical work undertaken in some of the communities in Ghana, suggests that euthanasia is quietly practisedin health facilities and private homes, especially in the rural areas. Contrary to the popular reasons assigned in the literature of the Western world, with respect to the practice or quest for legalization of euthanasia as being a necessity for providing relief from pain or hopeless quality of life, empirical data from social and anthropological studies conducted in Ghana reveal that poverty is the motivation for informal euthanasia practice in Ghana rather than genuine desire on part of patients to die or their relatives to see to their accelerated death. Apart from poverty, traditional cultural values of African societies consider non-natural death as a taboo and ignominy to the victim and his family. Thus, any move by the government to legalize euthanasia will need to be informed by widely held consultations and a possible referendum; otherwise the law may be just a mere transplant of Western models of legislation on euthanasia without reflecting the ethos of the African people.
Альберт Илдусович Абдрахманов
Full Text Available The article is dedicated to the study o/f political and legal terms for Public-Private Partnerships (PPP development while PPP becomes the issue of today for Russian political and social-economic life. The article covers particularly the analysis of the effective legislation of PPP at the federal and regional levels and appraisal of the current political trends regarding the development of legal partnership between the government and companies in the connection with the legislation. The author provides research especially of the prospects of the PPP federal Draft Law and reveals key specifics and problems of the legal environment of PPP in districts of the Russian Federation.
... accordance with good legal practice and the policies and guidance provided by the Judge Advocate General. (6... other matters requiring an educated ability to relate the general body and philosophy of law to a specified legal problem of a client. Guidance in this matter may be had from various official sources...
Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.
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
Hudson, P.; Hudson, R.; Philip, J.; Boughey, M.; Kelly, B.; Hertogh, C.M.P.M.
Objective: Despite the availability of palliative care in many countries, legalization of euthanasia and physician-assisted suicide (EAS) continues to be debated - particularly around ethical and legal issues - and the surrounding controversy shows no signs of abating. Responding to EAS requests is
... 42 Public Health 1 2010-10-01 2010-10-01 false Solicitation of legal business; negotiation of... § 35.14 Solicitation of legal business; negotiation of release or settlement; assistance prohibited. All employees of the Service and all persons attached in any capacity to a station or hospital...
Administration for Children and Families (DHHS), Washington, DC. Div. of State Legalization and Repatriation.
The State Legalization Impact Assistance Grant (SLIAG) Program, administered by the Administration for Children and Families within the Department of Health and Human Services, provides grants to states to help them pay the costs of providing services to certain aliens legalized under the Immigration Reform and Control Act of 1986 (IRCA). An…
... sufficient legal training to preside over criminal proceedings; affording the defendant the right to... 45 CFR Part 1614 Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal... represent eligible persons in any and all criminal proceedings in tribal courts. Previously, the LSC Act and...
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
Elsea, Jennifer K; Schwartz, Moshe; Nakamura, Kennon H
.... In Iraq, private firms known as Private Security Contractors (PSCs) serve to protect individuals, transport convoys, forward operating bases, buildings, and other economic infrastructure, and are training Iraqi police and military personnel...
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
"Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.
Pepper, S.E.; Epel, L.; Maise, G.; Reisman, A.; Skalyo, J.
The US Program of Technical Assistance to IAEA Safeguards (POTAS) relies on technical expertise found in the U. S private and public sectors. Since 1993, the international Safeguards Project Office (ISPO) has sought to increase the role of the private sector in POTAS. ISPO maintains and continues to develop a database of US companies interested in providing technical expertise to the IAEA. This database is used by ISPO to find appropriate contractors to respond to IAEA requests for technical assistance when the assistance can be provided by the private sector. The private sector is currently providing support in the development of equipment, training, and procedure preparation. POTAS also supports the work of private consultants. This paper discusses ISPO's efforts to identify suitable vendors and discusses conditions that hinder more substantial involvement by the private sector. In addition, the paper will discuss selected projects that are currently in progress and identify common problems that impede the progress and success of tasks performed by the private sector
Elsea, Jennifer; Serafino, Nina M
.... In Iraq, private companies are currently providing security services such as the protection of individuals, nonmilitary transport convoys, buildings, and other economic infrastructure, as well...
Colombi Ciacchi, Aurelia; Heiderhoff, Bettina; Lohsse, Sebastian
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”,
Full Text Available This paper presents the basic legal instruments of mutual assistance in tax matters in the field of direct and indirect taxation in European union, forms of mutual assistance and its importance in fight against international tax evasion and international double taxation. Namely, processes of globalization and liberalization, in terms of taxation in accordance with the principle of worldwide income, have meant that information that is available to a tax administration is not enough to correctly determine tax liability. In such situations states can rely on mutual assistance which may be manifested as exchange of tax information, collaboration by officials and simultaneous controls.
Power, Sally; Curtis, Andrew; Whitty, Geoff; Edwards, Tony
It is now nearly thirty years since Margaret Thatcher and her Conservative administration introduced the Assisted Places Scheme (their first education policy) and over ten years since New Labour abolished it. The Scheme, which was designed to provide a ladder of opportunity for academically able students from poor backgrounds to attend private…
Eugênio Duarte Vasques
Full Text Available The scope of this essay is to analyze aspects of individual limited liability company in the Brazilian legal system, which raises the issue of the requirement of minimum capital contribution to the company’s constitution. Therefore, we seek to expose initially the historical responsibility of the individual entrepreneur, and then the current context of Portuguese single shareholder private companies. After these considerations, we focus on addressing the situation of the individual entrepreneur in Brazil and the creation of a new species of corporation that guarantees the limitation of liability to the individual entrepreneur in a manner similar to the Portuguese experience.
Jones, David Albert; Paton, David
Several US states have legalized or decriminalized physician-assisted suicide (PAS) while others are considering permitting PAS. Although it has been suggested that legalization could lead to a reduction in total suicides and to a delay in those suicides that do occur, to date no research has tested whether these effects can be identified in practice. The aim of this study was to fill this gap by examining the association between the legalization of PAS and state-level suicide rates in the United States between 1990 and 2013. We used regression analysis to test the change in rates of nonassisted suicides and total suicides (including assisted suicides) before and after the legalization of PAS. Controlling for various socioeconomic factors, unobservable state and year effects, and state-specific linear trends, we found that legalizing PAS was associated with a 6.3% (95% confidence interval 2.70%-9.9%) increase in total suicides (including assisted suicides). This effect was larger in the individuals older than 65 years (14.5%, CI 6.4%-22.7%). Introduction of PAS was neither associated with a reduction in nonassisted suicide rates nor with an increase in the mean age of nonassisted suicide. Legalizing PAS has been associated with an increased rate of total suicides relative to other states and no decrease in nonassisted suicides. This suggests either that PAS does not inhibit (nor acts as an alternative to) nonassisted suicide, or that it acts in this way in some individuals but is associated with an increased inclination to suicide in other individuals.
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.…
Snyder Sulmasy, Lois; Mueller, Paul S
Calls to legalize physician-assisted suicide have increased and public interest in the subject has grown in recent years despite ethical prohibitions. Many people have concerns about how they will die and the emphasis by medicine and society on intervention and cure has sometimes come at the expense of good end-of-life care. Some have advocated strongly, on the basis of autonomy, that physician-assisted suicide should be a legal option at the end of life. As a proponent of patient-centered care, the American College of Physicians (ACP) is attentive to all voices, including those who speak of the desire to control when and how life will end. However, the ACP believes that the ethical arguments against legalizing physician-assisted suicide remain the most compelling. On the basis of substantive ethics, clinical practice, policy, and other concerns articulated in this position paper, the ACP does not support legalization of physician-assisted suicide. It is problematic given the nature of the patient-physician relationship, affects trust in the relationship and in the profession, and fundamentally alters the medical profession's role in society. Furthermore, the principles at stake in this debate also underlie medicine's responsibilities regarding other issues and the physician's duties to provide care based on clinical judgment, evidence, and ethics. Society's focus at the end of life should be on efforts to address suffering and the needs of patients and families, including improving access to effective hospice and palliative care. The ACP remains committed to improving care for patients throughout and at the end of life.
Gulia Fagimovna Galiullina
Full Text Available The article examines the conditions of attracting the potential private business investments to a defense industry to enhance the country's defense and national security on the basis of the following argument: "business wins if the state wins". The authors suggest to supplement the existing forms of cooperation between the state and business in the defense industry by the mechanism of a Public-Private Partnership (PPP, which is based on cooperation and risks sharing between the state and business. Also a constraints range which wear a systemic character and act as a barrier on the way of PPP investment projects creation and realization in the defense industry is grouped in four areas: in terms of economics, management, law and policy aspects.Objective: to substantiate the necessity for a public-private partnership mechanism use in Russia's defense industrySubject of study: PPP as a legal form of projects in the defense industry of Russia.Result: a role of PPP in the development of the defense industry is explained and PPP projects implementing constraints are systematized in this area in terms of economics, management, law and policy.DOI: http://dx.doi.org/10.12731/2218-7405-2014-3-5
McQuoid-Mason, David J
In the recent case of Stransham-Ford v. the Minister of Justice and Correctional Services, the North Gauteng High Court held that a terminally ill patient who was experiencing intractable suffering was entitled to commit suicide with the assistance of his doctor and that the doctor's conduct would not be unlawful. The court was careful to state that it was not making a general rule about doctor-assisted suicide. The latter should be left to the Parliament, the Constitutional Court and 'future courts'. The judge dealt specifically with the facts of the case at hand. In order to understand the basis of the decision it is necessary to consider: (i) the facts of the case; (ii) the question of causation; (iii) the paradox of 'passive' and 'active' euthanasia; (iv) the test for unlawfulness in euthanasia cases; and (v) the meaning of doctor-assisted suicide. It is also necessary to clarify the present legal position regarding doctor-assisted suicide.
... her discretion, may grant an employee permission to testify or produce official records and information in response to a demand or request. In making this decision, the General Counsel shall consider... proceedings between private litigants: Testimony and production of documents. (a) No employee may produce...
Wadi, Yonissa Marmitt; Olinto, Beatriz Anselmo; Casagrande, Attiliana De Bona
The article discusses different psychiatric assistance arrangements in Paraná from the earliest years through today, taking into account the state's unique features and relations with national policies. This assistance was first provided in 1903, when the Hospício Nossa Senhora da Luz philanthropic asylum was founded. It was only in 1954 that Hospital Colônia Adauto Botelho, the state's first public hospital, began operations. In the 1960s, the Paraná government signed agreements with private hospitals for more beds in the interior, accelerating the provision of psychiatric assistance and fostering a privatization approach. This strategy led to the current situation in Paraná, where specialized hospitals are the rule, despite the existence of other facilities foreseen under the psychiatric reform legislation.
Leonardo José Peixoto Leal
of examination lawyers and tenders, existing today a new vision called "legal education crisis" in Brazil. According to Carl Rogers (1972, the main role of the teacher is not only to teach but to help the student to learn. This idea has been legitimized internationally since the publication of the UNESCO Report (Delors, 1998, when it pointed out that "learning to know" constitutes one of the pillars of contemporary education. Rogers (1972, in the 1960s, drew up a list of 10 assumptions implicit deeply rooted among teachers, paradigms that should be addressed by teachers The methodology used was literature and documents with a qualitative approach in the case like an argument from Case Study, considering the Master in Law and the experiences of the Monitoring and Group Study Program. It concludes that the critical evaluation is important in the formation of the legal profession, because the legal education needs to renew itself, from a teaching practice centered learning.
Sheryl M Strasser
Full Text Available Introduction: The aging population is a rapidly growing demographic in the United States. Isolation, limited autonomy, and declining physical and mental health render many older adults vulnerable to elder mistreatment (EM. The purpose of this study was to assess the prevalence and correlates of EM among a sample of older adults using legal assistance services in Atlanta, Georgia.Methods: Researchers administered surveys to consenting older adults (aged 60þ in 5 metro Atlanta community centers that hosted legal assistance information sessions as part of the Elderly Legal Assistance Program. The surveys screened for risk factors and prevalence of EM risk using valid and reliable measures and included additional questions regarding demographics characteristics and healthcare use behaviors.Results: Surveys were completed by 112 participants. Findings reveal that 32 (28.6% respondents met the criteria for elder abuse / neglect risk; 17 (15.2% respondents met criteria for depression; and 105 (93.7% had visited a healthcare provider during the past 6 months.Conclusion: The rates of EM risk in this sample were higher than those previously reported in research. Findings support continued examination of unique risks that may be present among older adults who may be possibly facing legal issues. Additionally, the reported frequency of healthcare visits among participants reveals a promising opportunity to examine development of a more widespread EM screening approach to be conducted in non-emergency settings. Interdisciplinary collaboration is required to inform screening approaches that account for complexities that EM cases present. [West J Emerg Med. 2013;14(4:309–315.
Full Text Available This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state to apply to another state (requested state for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the
Full Text Available This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order to create fair business practice and ensure a “tangible” result for the plaintiff in relation to the judgment, the court could (should take advantage of the freedom to maneuver and, by implementing justice, change the method of restitution (pertaining to the subject – assign the shares to the plaintiff (an aggrieved shareholder simultaneously creating an obligation on the same person to settle properly with the last owner of the disputed shares.
Jensen, Christian Fuglesang S; Khan, Omar; Sønksen, Jens
.9%). No significant differences were found in volume, concentration and total motile sperm count although the Bland-Altman plot bias for concentration was clinically significant (15.9 × 106/ml). CONCLUSIONS: In this small series, motility was significantly higher at private laboratories compared to a university......OBJECTIVE: Obtaining a semen analysis (SA) is an essential step in evaluating infertile men. Despite using standardized procedures for analysis semen quality in the same individual often varies on repeated tests. The objective of this study was to investigate inter-laboratory variation in semen...... quality between private- and university-based assisted reproductive technology (ART) laboratories. MATERIALS AND METHODS: IRB approval was obtained to retrospectively evaluate men with a SA at both the private- and university-based ART laboratories. When more than one SA was available from either...
... International Law (ACPIL): Notice of Public Meeting on Draft Principles Regarding the Enforceability of Close-Out Netting The Office of the Assistant Legal Adviser for Private International Law, Department of... Legal Advisor, Office of Private International Law, Office of the Legal Advisor, Department of State...
Full Text Available This paper presents an overview of the basic elements of the status of public-private partnerships in community law. Displays an overview of EU legislation that deals with the PPP and the basic principles of community law and their impact on PPP arrangements. In particular, analyzes Articles 56 and 49 of the EU Treaty on the freedom to provide services and freedom of establishment and the positive provisions on transparency, and examples from the case law of the European Court of Justice. It analyzes the Public Procurement Directives of the European Commission and its impact on PPP. In particular, we analyze the relationship Directive as concessions as a PPP model and other contractual PPPs, as well as their position in relation to the EU Treaty and the fundamental principles of community law. In conclusion summarizing the shortcomings of the current EU legislative framework in relation to PPP.
Burkhardt, S; La Harpe, R; Harding, T W; Sobel, J
The purpose of this paper is to present the legal aspects associated with assisted suicide in Switzerland and compare them with those in other countries. Like euthanasia, assisted suicide is a subject that induces much discussion in many countries. While the law is very liberal in some countries, such as Belgium and the Netherlands (where both euthanasia and assisted suicide take place), these practices are very controversial in other countries, such as France, where they remain taboo subjects. In the United States of America, the laws concerning assisted suicide can differ greatly from one state to another. For example, in Oregon, assisted suicide is allowed if applied by a medical doctor; in others, this act is illegal. In Canada, it is punishable according to the Criminal Code. In Switzerland euthanasia is punishable by law. However, the penal code does not condemn assisted suicide, whether carried out by a medical doctor or another person, provided it is not carried out through selfish motives. The application of these practices has become simplified in recent years and societies for the right to die with dignity based on this principle have come into being (Exit and Dignitas). In the French- and German-speaking parts of Switzerland the association Exit assists individuals living in Switzerland with serious progressive and incurable disease in their engagement to end their life. The association Dignitas, in the German-speaking part of Switzerland, also undertakes--in the same circumstances--to assist individuals coming from foreign countries. Dignitas welcomes several such individuals every year, especially from Germany, where a similar approach does not currently exist.
... International Law (ACPIL); Notice of Public Meeting of Its Study Group on the Hague Convention on Choice of Court Agreements The Office of the Assistant Legal Adviser for Private International Law, Department of... Assistant Legal Adviser for Private International Law, Department of State, Washington, DC. Participants...
... International Law (ACPIL): Notice of Public Meeting of Its Study Group on the Hague Convention on Choice of Court Agreements The Office of the Assistant Legal Adviser for Private International Law, Department of..., 2012. Keith Loken, Assistant Legal Adviser, Private International Law, Department of State. [FR Doc...
Full Text Available The study of the legal and penal mechanism by which European Union Member States jointly act for preventing and combating certain categories of crimes, includes the analysis of conventions regarding legal assistance that Member States undertake to grant each other the catching and prosecution of people who commit crimes on their territory, either violating the domestic criminal law or the international criminal law represented by international conventions that require signatory states to incriminate or punish certain categories of crimes, against which they pledged to fight together. Conventions adopted at European Union level concerning international legal assistance in criminal matters, give legal expression to the most complex and most effective form of cooperation between States in the fight against crime, establishing brand new ways of international legal assistance in criminal matters.The importance of the Conventions regarding legal assistance in criminal matters result from the fact that they ensure the correct application of European criminal law relating to combating the worst types of crimes, making possible criminal liability and conviction of various crimes, with the help of other member states of the European conventions.
Martin, Katie S; Cook, John T; Rogers, Beatrice L; Joseph, Hugh M
To examine participation in the Food Stamp Program, food pantries, and soup kitchens and to identify reasons food-insecure households choose not to participate. Cross-sectional retrospective cohort study. In respondents' homes. 330 randomly selected low-income households (below 185% of poverty). Participation in any of 3 public or private food assistance programs and barriers to participation in each program. Chi-square tests of association between program participation and sociodemographic characteristics. Logistic regression tested for associations between program participation and ethnicity and between food security status and household composition while controlling for potential confounding factors. Controlling for socioeconomic status, Black households are less than half as likely to receive food stamps (odds ratio [OR] = 0.49; P food pantries (P food stamps (OR = 0.44; P =.04) as nonelderly households and are more likely to say that they feel uncomfortable receiving food stamps (P =.05). Low-income households' perceptions of which programs are socially acceptable differ by race and age. Outreach for food stamps and private food assistance should accommodate these differences so that food-insecure households can benefit from all available food assistance.
Laux, Johannes; Röbel, Andreas; Parzeller, Markus
Under German criminal law, euthanasia assisted by the attending physician involves the risk of criminal prosecution. However, in the absence of clear legal provisions, the law concerning euthanasia has been primarily developed by court rulings and jurisprudential literature in the last 30 years. According to a traditional classification there are four categories of euthanasia: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. However, there is still no generally accepted definition for the general term "euthanasia". The development of the law on the permissibility of euthanasia was strongly influenced by the conflict between the right of self-determination of every human being guaranteed by the Constitution and the constitutional mandate of the state to protect and maintain human life. The decisions of the German Federal Court of Justice on euthanasia in the criminal trials "Wittig" (1984), "Kempten" (1994) and "Putz" (2010) as well as the ruling of the 12th Division for Civil Matters of the Federal Court of Justice (2003) are of special importance. Some of these decisions were significantly influenced by the discussions in the jurisprudential literature. However, the German Bundestag became active for the first time as late as in 2009 when it adopted the 3rd Guardianship Amendment Act, which also contains provisions on the legal validity of a living will independent of the nature and stage of an illness. In spite of the new law, an analysis of the "Putz" case makes it especially clear that the criminal aspects of legal issues at the end of a person's life still remain controversial. It is to be expected that this issue will remain the subject of intensive discussion also in the next few years.
Strate, John; Kiska, Timothy; Zalman, Marvin
At the November 1998 general election, Michigan citizens were given the opportunity to vote on Proposal B, an initiative that would have legalized physician-assisted suicide (PAS). PAS initiatives also have been held in Washington State, California, Oregon, and Maine, with only Oregon's passing. We use exit poll data to analyze the vote on Proposal B. Attributes associated with social liberalism -- Democratic Party identification, less frequent church attendance, more education, and greater household income -- led to increased odds of a "yes" vote. Attributes associated with social conservatism -- Republican Party identification and frequent church attendance -- led to decreased odds of a "yes" vote. Similar to the abortion issue, PAS's supporters strongly value personal autonomy, whereas its opponents strongly value the sanctity of life. Voter alignments like those in Michigan will likely appear in other states with the initiative process if PAS reaches their ballots.
Chambaere, Kenneth; Bernheim, Jan L
In 2002, physician-assisted dying was legally regulated in the Netherlands and Belgium, followed in 2009 by Luxembourg. An internationally frequently expressed concern is that such legislation could stunt the development of palliative care (PC) and erode its culture. To study this, we describe changes in PC development 2005-2012 in the permissive Benelux countries and compare them with non-permissive countries. Focusing on the seven European countries with the highest development of PC, which include the three euthanasia-permissive and four non-permissive countries, we compared the structural service indicators for 2005 and 2012 from successive editions of the European Atlas of Palliative Care. As an indicator for output delivery of services to patients, we collected the amounts of governmental funding of PC 2002-2011 in Belgium, the only country where we could find these data. The rate of increase in the number of structural PC provisions among the compared countries was the highest in the Netherlands and Luxembourg, while Belgium stayed on a par with the UK, the benchmark country. Belgian government expenditure for PC doubled between 2002 and 2011. Basic PC expanded much more than endowment-restricted specialised PC. The hypothesis that legal regulation of physician-assisted dying slows development of PC is not supported by the Benelux experience. On the contrary, regulation appears to have promoted the expansion of PC. Continued monitoring of both permissive and non-permissive countries, preferably also including indicators of quantity and quality of delivered care, is needed to evaluate longer-term effects. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.
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
Some considerations on the legal regulation of the process for public licitation, contracts and agreements on the establishment of educational partnerships between the government and the private sector
Adriana A. Dragone Silveira
Full Text Available Currently the joint between the public administration and the private sector assumes new contours in function of the of the Brazilian State reform, configuring itself as a trend that if it has accented in the educational area, in the São Paulo’s cities, from the municipalization (municipal ownership of elementary school education, with the consolidation of partnerships and agreements involving the purchase of educational private system’s for municipal education net’s, the vacant subvention in private entities and the hiring of private institutions, aiming at the elaboration of educational politics for the management municipal. (ADRIÃO, BORGHI, 2008. Thus being, this article to look for introduce and to analyze, from the national legislation, the procedures for the establishment of these different partnership’s modalities between the municipal government and private institutions, physical or corporation body, discussing the rules for the licitation process for the services and works hiring, property and consumer goods acquisition, for the contracts celebration and the accords establishment with social organizations to transfer it of public resources, to look for understand the legal possibilities for the introduction of the privatizations mechanisms in the education.
Tsevelvaanchig, Uranchimeg; Narula, Indermohan S; Gouda, Hebe; Hill, Peter S
Regulating the behavior of private providers in the context of mixed health systems has become increasingly important and challenging in many developing countries moving towards universal health coverage including Mongolia. This study examines the current regulatory architecture for private healthcare in Mongolia exploring its role for improving accessibility, affordability, and quality of private care and identifies gaps in policy design and implementation. Qualitative research methods were used including documentary review, analysis, and in-depth interviews with 45 representatives of key actors involved in and affected by regulations in Mongolia's mixed health system, along with long-term participant observation. There has been extensive legal documentation developed regulating private healthcare, with specific organizations assigned to conduct health regulations and inspections. However, the regulatory architecture for healthcare in Mongolia is not optimally designed to improve affordability and quality of private care. This is not limited only to private care: important regulatory functions targeted to quality of care do not exist at the national level. The imprecise content and details of regulations in laws inviting increased political interference, governance issues, unclear roles, and responsibilities of different government regulatory bodies have contributed to failures in implementation of existing regulations. Copyright © 2017 John Wiley & Sons, Ltd.
... International Law (ACPIL)--Online Dispute Resolution Study Group Meeting (ODR) The Department of State, Office of Legal Adviser, Office of Private International Law ACPIL online dispute resolution (ODR) study... take place at the Office of the Assistant Legal Adviser for Private International Law, Department of...
... International Law (ACPIL): Public Meeting on Arbitration; Correction AGENCY: Department of State. ACTION: Notice... concerning a U.S. Department of State Advisory Committee on Private International Law (ACPIL) Public Meeting.... Coffee, Acting Assistant Legal Adviser, Private International Law, Officer of the Legal Adviser. [FR Doc...
Grosse, Claudia; Grosse, Alexandra
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.
D.D. Bradlow (Daniel); M.S. Chapman (Megan)
markdownabstract__Abstract__ This paper systematically describes the public participation standards currently applied by multilateral development banks (MDBs) to the private sector and seeks to identify emerging trends and areas for further development or improvement. It begins by outlining the
Piciocchi, Cinzia; Ducato, Rossana; Martinelli, Lucia; Perra, Silvia; Tomasi, Marta; Zuddas, Carla; Mascalzoni, Deborah
This paper outlines some of the challenges faced by regulation of genetic biobanking, using case studies coming from the Italian legal system. The governance of genetic resources in the context of genetic biobanks in Italy is discussed, as an example of the stratification of different inputs and rules: EU law, national law, orders made by authorities and soft law, which need to be integrated with ethical principles, technological strategies and solutions. After providing an overview of the Italian legal regulation of genetic data processing, it considers the fate of genetic material and IP rights in the event of a biobank's insolvency. To this end, it analyses two case studies: a controversial bankruptcy case which occurred in Sardinia, one of the first examples of private and public partnership biobanks. Another case study considered is the Chris project: an example of partnership between a research institute in Bolzano and the South Tyrolean Health System. Both cases seem to point in the same direction, suggesting expediency of promoting and improving public-private partnerships to manage biological tissues and biotrust to conciliate patent law and public interest.
Piracy under international law grants states the right to exercise universal jurisdiction, provided that all conditions of its definition are cumulatively met. Yet academic debate continues as to whether one requirement, that piratical acts be committed ‘for private ends’, excludes politically
EKSISTENSI BANTUAN HUKUM TERHADAP PRAJURIT TNI SEBAGAI PELAKU TINDAK PIDANA DAN PRAKTIKNYA / The Existence And Practice Of Legal Assistance To Indonesian National Armed Forces Personnel As Criminal Offender
Tumbur Palti D Hutapea
Full Text Available Bantuan Hukum merupakan bantuan yang diberikan oleh seorang ahli di bidang hukum atau penasihat hukum kepada seorang yang terkena masalah hukum di setiap tahapan pemeriksaan baik di luar maupun di dalam pengadilan. Peranan bantuan hukum bagi Prajurit TNI sangat diperlukan dalam menghadapi permasalahan hukum yang dihadapinya. Peraturan perundang-undangan yang mengatur bantuan hukum di lingkungan TNI sepanjang sejarah berdirinya TNI telah mengutamakan bantuan hukum yang berasal dari internal TNI berdasarkan perintah di mana personilnya belum memiliki akreditasi/sertifikasi, sehingga kalangan eksternal sulit memasuki lingkungan hukum militer sebab harus memperoleh izin Perwira Penyerah Perkara (Papera. Perlunya prioritas percepatan RUU tentang Peradilan Militer yang salah satunya merevisi aturan pemberian bantuan hukum kepada Prajurit TNI. Selanjutnya diperlukan kebebasan memilih dan menetapkan layanan bantuan hukum dari advokat profesional atau dengan menggunakan sarana posbakum, khususnya perkara yang diancam pidana mati dan pidana tambahan berupa pemecatan dari dinas militer. Legal assistance is an assistance given by an expertise in law area or legal advisors to those who have legal problems at every stage of investigation both outside and inside the court. The role of legal assistance for Indonesian National Armed Forces personnel is important. The Legislation covering legal assistance in the Indonesian National Armed Forces community throughout the history has prioritized internal legal assistance where the personnel itself does not have certification/ accreditation for it. The external is hard to get involve and have to obtain special permission from the Officers hand the case (Papera. Accelerating the Bill on Military Justice to revise the rules on providing legal assistance to Army personnel is priority. Furthermore, the necessary freedom to choose and establish legal assistance services of a professional advocate or by means POSBAKUM
Bosshard, G; Broeckaert, B; Clark, D; Materstvedt, L J; Gordijn, B; Müller-Busch, H C
To analyse legislation and medical professional positions concerning the doctor's role in assisted dying in western Europe, and to discuss their implications for doctors. This paper is based on country-specific reports by experts from European countries where assisted dying is legalised (Belgium, The Netherlands), or openly practiced (Switzerland), or where it is illegal (Germany, Norway, UK). Laws on assisted dying in The Netherlands and Belgium are restricted to doctors. In principle, assisted suicide (but not euthanasia) is not illegal in either Germany or Switzerland, but a doctor's participation in Germany would violate the code of professional medical conduct and might contravene of a doctor's legal duty to save life. The Assisted Dying for the Terminally Ill Bill proposed in the UK in 2005 focused on doctors, whereas the Proposal on Assisted Dying of the Norwegian Penal Code Commission minority in 2002 did not. Professional medical organisations in all these countries except The Netherlands maintain the position that medical assistance in dying conflicts with the basic role of doctors. However, in Belgium and Switzerland, and for a time in the UK, these organisations dropped their opposition to new legislation. Today, they regard the issue as primarily a matter for society and politics. This "neutral" stance differs from the official position of the Royal Dutch Medical Association which has played a key role in developing the Dutch practice of euthanasia as a "medical end-of-life decision" since the 1970s. A society moving towards an open approach to assisted dying should carefully identify tasks to assign exclusively to medical doctors, and distinguish those possibly better performed by other professions.
... within Indian country. Public Law 113-4, Sec. 904(c), 127 Stat. 122. ``Indian country'' is a term of art... in an Indian tribal court is not a `criminal proceeding.' '' 41 FR 38506, Sept. 10, 1976. Neither the... principal defense asserted involves rights arising from a treaty with Indians. A number of legal services...
Assisted suicide has been an issue for terminally ill patients for many years. This is because patients who suffer from terminal illnesses are forced to make difficult choices at the end of their lives...
Paul R. Reed; Carol J. Cumber
In October, 1996 Private Moments, an adult novelty store, opened for business in Huntsville, Texas. Huntsville had no ordinances in place to prevent the opening of this type of business. In fact, the local Small Business Development Center provided guidance and assistance to Edward Delagarza, the founder and owner of Private Moments. Many of the Huntsville citizens, unhappy with the opening of Private Moments, approached the City Council requesting that it be closed immediately and asked for ...
Laux, Johannes; Röbel, Andreas; Parzeller, Markus
In Germany, physician-assisted euthanasia involves numerous risks for the attending physician under criminal and professional law. In the absence of clear legal provisions, four different categories of euthanasia have been developed in legal practice and the relevant literature: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. The so-called "help during the dying process" by administering medically indicated analgesic drugs without a life-shortening effect is exempt from punishment if it corresponds to the will of the patient. If the physician omits to give such analgesic drugs although the patient demands them, this is deemed a punishable act of bodily injury. The same applies if the physician administers analgesics against the will of the patient. Medically indicated pain treatment which has a potential or certain life-shortening effect (indirect active euthanasia) is permitted under certain conditions: if there are no alternative and equally suitable treatment options without the risk of shortening the patient's life, if the patient has given his consent to the treatment and if the physician does not act with the intention to kill. The deliberate killing of a dying or terminally ill patient for the purpose of ending his suffering (direct active euthanasia) is prohibited. This includes both deliberately killing a patient against or without his will (by so-called "angels of death") and the killing of a patient who expressly and earnestly demands such an act from his physician (killing on request/on demand). Physician-assisted suicide is generally not liable to punishment in Germany. Nevertheless, the action may be subject to punishment if the physician omits to rescue the life of an unconscious suicide victim. "Palliative sedation" is regarded as a special case. It may become necessary if certain symptoms in the terminal stage of a fatal disease unbearable for the patient cannot be controlled by any other
... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice that the ACPIL ODR Study Group... International Law, Office of the Legal Adviser, Department of State. [FR Doc. 2013-25405 Filed 10-25-13; 8:45 am...
The earthquake that struck the central coast of Peru on 15 August 2007 was a disaster that mobilized international humanitarian assistance to address the needs of the affected people in the regions of Huancavelica, Ica, and Lima. It also was an opportunity to prove the effectiveness of regulations and procedures to facilitate the entry and distribution of donations and medical goods during a major emergency. In the first month after the earthquake, the national government approved new regulations that aimed to reduce waiting time while reducing the number of requisites required by customs. More than 5,500 tons of international donations arrived in Peru in a short period of time. Many donated medicines arrived unsorted, without an international non-proprietary (generic) name on the label, and some medicines did not have any relationship with the diseases that would appear in the aftermath of the event.
... International Law (ACPIL): Notice of Public Meeting of the Study Group on the Hague Convention on Choice of Court Agreements The Office of the Assistant Legal Adviser for Private International Law, Department of... individuals who advise the Office of Private International Law that they wish to participate in the...
... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice that the ACPIL ODR Study Group... information. Dated: September 11, 2012. Michael J. Dennis, Office of Private International Law, Office of the...
... International Law (ACPIL): Public Meeting of the Study Group on Family Law The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the Study Group on Family Law to discuss Part V of a questionnaire on private international law issues...
Randall, G. Kevin; Martin, Peter; MacDonald, Maurice; Margrett, Jennifer; Bishop, Alex J.; Poon, Leonard W.
We investigated the influence of social relations on health outcomes in very late life by examining the support-efficacy convoy model among older adults who resided in three different residential environments (centenarians in private homes, n = 126; centenarians in assisted living facilities, n = 55; centenarians in nursing homes, n = 105). For each group, path analytic models were employed to test our hypotheses; analyses controlled for sex, mental status, education, perceived economic sufficiency, and activities of daily living. The hypothesized relationships among the models' variables were unique to each of the three groups; three different models fit the data depending upon residential environment. The direct and indirect effects of social relations assessments were positive for the mental and physical health of very old adults, suggesting that participants welcomed the support. However, residential status moderated the associations between the assessments of social relations, self-efficacy, and both outcomes, physical and mental health. PMID:21792391
Harper, Joyce; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo J; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan
How has the interface between genetics and assisted reproduction technology (ART) evolved since 2005? The interface between ART and genetics has become more entwined as we increase our understanding about the genetics of infertility and we are able to perform more comprehensive genetic testing. In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and ART and published an extended background paper, recommendations and two Editorials. An interdisciplinary workshop was held, involving representatives of both professional societies and experts from the European Union Eurogentest2 Coordination Action Project. In March 2012, a group of experts from the European Society of Human Genetics, the European Society of Human Reproduction and Embryology and the EuroGentest2 Coordination Action Project met to discuss developments at the interface between clinical genetics and ART. As more genetic causes of reproductive failure are now recognized and an increasing number of patients undergo testing of their genome prior to conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and PGD may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from RCTs to substantiate that the technique is both effective and efficient. Whole genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving, but still remains very
This paper highlights emerging trends, programmes and policies in privatization of education in Western countries. These trends are educational vouchers, choice of private schools, private school liberalization, private contracting of specific services, tuition tax credits and deductions for parents ,subsidies and assistance grants to private…
Tarnow, W J
Physician-assisted suicide is one of the most controversial issues in society today. We live in an age where medical technology has developed so fast and so far that those who would have swiftly succumbed to deadly diseases in the not too distant past are now living, or, rather, being kept alive long past the point of meaningful existence. Although everyone sympathizes with the painful plight of the terminally ill, the specter of physician-assisted suicide gives many pause, and rightfully so: one need only think of the carbon monoxide contraption in the back of Dr. Death's infamous van to realize that society must address the issue of the right to die. Is there any solution to this great debate? In this note, Mr. William Tarnow passionately answers in the affirmative. Mr. Tarnow analyzes the constitutionality of state statutes which either criminalize or legalize physician-assisted suicide under both the Due Process and Equal Protection Clauses of the Constitution of the United States. The note also considers the case law, largely from the federal Ninth Circuit Court of Appeals, invalidating and upholding such statutes under the Constitution. Arguing that there is indeed a constitutional liberty interest in physician-assisted suicide, Mr. Tarnow concludes by suggesting that state legislatures can and must create legislation that legalizes physician-assisted suicide and passes constitutional muster.
provedures used to provide me with nourishment and hydration (including, for example, parenteral feeding, intravenous feedings, misting, and endotracheal or...example, parenteral feeding, intravenous feedings, misting, and endotracheal or nasogastric tube use) be instituted or, if previously instituted, to...die naturally with only the administracion of medication or the performance of any medical procedure deemed necessary to provide me with comfort care
Balmer, N. J.; Pleasence, P.
Among LAW Survey respondents, 2,611 people (13%) described themselves as business owners. These business owners reported 984 business-related legal problems, 65 per cent of which resulted in adverse consequences (e.g. loss of income, illness or relationship breakdown). This not only impacted on business and the Australian economy, but also on business owners’ private lives and their families. Providing timely and integrated legal assistance services to business owners has the potential to mit...
Altmann, J.; Roesel, H.
The 4th Amendment to the German Nuclear Law has procured the legal base for the disposal of radioactive waste in the German Federal Republic. The Nuclear Law states that the Physikalisch-Technische Bundesanstalt (PTB) in Braunschweig is responsible for the disposal of radioactive waste. The PTB can be assisted in its responsibilities by persons and institutions of private character. Involving private persons and corporations in the licensing process figures a legal problem, and there has been a seminar in the PTB discussing such problems. The present contribution gives a brief summary of the opinions stated by the various legal experts taking part in this seminar. (orig./HP) [de
Bagley, Constance; Tvarnø, Christina D.
This article provides a game theory and law-and-management analysis of for- profit pharmaceutical public-private partnerships, a complex type of legal arrangement in the highly regulated pharmaceutical industry. A pharmaceutical public-private partnership (PPPP) agreement is a legally binding...
... International Law; Closed Meeting In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S... International Law (ACPIL) to take place on May 13, 2013, at the Department of State, Washington, DC. Pursuant to.... Keith Loken, Assistant Legal Adviser, Private International Law. [FR Doc. 2013-09955 Filed 4-25-13; 8:45...
Harper, J.C.; Geraedts, J.; Borry, P.; Cornel, M.C.; Dondorp, W.; Gianaroli, L.; Harton, G.; Milachich, T.; Kaariainen, H.; Liebaers, I.; Morris, M.; Sequeiros, J.; Sermon, K.; Shenfield, F.O.; Skirton, H.; Soini, S.; Spits, C.; Veiga, A.; Vermeesch, J.R.; Viville, S.; de Wert, G.; Macek, M.
In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and assisted reproductive technology (ART), and published an extended background paper, recommendations and two
Harper, J.; Geraedts, J.; Borry, P.; Cornel, M.C.; Dondorp, W.J.; Gianaroli, L.; Harton, G.; Milachich, T.; Kaariainen, H.; Liebaers, I.; Morris, M.; Sequeiros, J.; Sermon, K.; Shenfield, F.; Skirton, H.; Soini, S.; Spits, C.; Veiga, A.; Vermeesch, J.R.; Viville, S.; de Wert, G.; Macek, M.
Study question: How has the interface between genetics and assisted reproduction technology (ART) evolved since 2005? Summary answer: The interface between ART and genetics has become more entwined as we increase our understanding about the genetics of infertility and we are able to perform more
... International Law (ACPIL): Public Meeting of the Study Group on Family Law The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the... International Law, the Conference's Permanent Bureau has published a Questionnaire for Member States on the...
... International Law (ACPIL): Notice of Public Meeting of Its Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser for Private International Law, Department of State hereby gives... International Law, Department of State, Washington, DC. Participants should appear by 9:45 a.m. at the C Street...
... International Law (ACPIL): Notice of Public Meeting of the Study Group on the Hague Judgments Project The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives... International Law. Last April, the General Affairs and Policy Council of the Hague Conference decided to proceed...
... International Law (ACPIL): Public Meeting on Arbitration The Office of the Assistant Legal Adviser for Private International Law, Department of State, gives notice of a public meeting to discuss a draft convention on... United Nations Commission on International Trade Law (UNCITRAL). The public meeting will take place on...
... International Law (ACPIL): Notice of Public Meeting of the Study Group on International Arbitration and Conciliation The Office of the Assistant Legal Adviser for Private International Law, Department of State.... A Working Group of the United Nations Commission on International Trade Law (UNCITRAL) is currently...
... International Law (ACPIL): Public Meeting on Cross-Border Insolvency The Office of the Assistant Legal Adviser for Private International Law, Department of State, gives notice of a public meeting to discuss... Commission on International Trade Law (UNCITRAL). The public meeting will take place on Monday, November 4...
... International Law (ACPIL): Notice of Public Meeting of the Study Group on Choice of Law in International Commercial Contracts The Office of the Assistant Legal Adviser for Private International Law, Department of... law in international contracts, and Recommendations for the commentary and other relevant documents...
... International Law (ACPIL): Notice of Public Meeting of the Study Group on Choice of Law in International Commercial Contracts The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the Study Group on Choice of Law in International...
Dar, Shir; Lazer, Tal; Swanson, Sonja; Silverman, Jan; Wasser, Cindy; Moskovtsev, Sergey I; Sojecki, Agata; Librach, Clifford L
What are the medical, psychosocial and legal aspects of gestational surrogacy (GS), including pregnancy outcomes and complications, in a large series? Meticulous multidisciplinary teamwork, involving medical, legal and psychosocial input for both the intended parent(s) (IP) and the gestational carrier (GC), is critical to achieve a successful GS program. Small case series have described pregnancy rates of 17-50% for GS. There are no large case series and the medical, legal and psychological aspects of GS have not been addressed in most of these studies. To our knowledge, this is the largest reported GS case series. A retrospective cohort study was performed. Data were collected from 333 consecutive GC cycles between 1998 and 2012. There were 178 pregnancies achieved out of 333 stimulation cycles, including fresh and frozen transfers. The indications for a GC were divided into two groups. Those who have 'failed to carry', included women with recurrent implantation failure (RIF), recurrent pregnancy loss (RPL) and previous poor pregnancy outcome (n = 96; 132 cycles, pregnancy rate 50.0%). The second group consisted of those who 'cannot carry' including those with severe Asherman's syndrome, uterine malformations/uterine agenesis and maternal medical diseases (n = 108, 139 cycles, pregnancy rate 54.0%). A third group, of same-sex male couples and single men, were analyzed separately (n = 52, 62 cycles, pregnancy rate 59.7%). In 49.2% of cycles, autologous oocytes were used and 50.8% of cycles involved donor oocytes. The 'failed to carry' group consisted of 96 patients who underwent 132 cycles at a mean age of 40.3 years. There were 66 pregnancies (50.0%) with 17 miscarriages (25.8%) and 46 confirmed births (34.8%). The 'cannot carry pregnancy' group consisted of 108 patients who underwent 139 cycles at a mean age of 35.9 years. There were 75 pregnancies (54.0%) with 15 miscarriages (20.0%) and 56 confirmed births (40.3%). The pregnancy, miscarriage and live birth
O'Brien, II, James M
...) as defense contractors. The history of privatized security, consideration of ethical and legal issues, and examination of three case studies allows assessment of PMCs in accordance with five criteria for success...
Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.
Nichiforel, Liviu; Keary, Kevin; Deuffic, Philippe
Private forests are widespread in Europe providing a range of ecosystem services of significant value to society, and there are calls for novel policies to enhance their provision and to face the challenges of environmental changes. Such policies need to acknowledge the importance of private...... forests, and importantly they need to be based on a deep understanding of how property rights held by private forest owners vary across Europe. We collected and analysed data on the content of property rights based on formal legal requirements existing in 31 European jurisdictions. To allow a comparison...... across jurisdictions, we constructed an original Property Rights Index for Forestry encompassing five rights domains (access, withdrawal, management, exclusion and alienation). We documented substantial variation of the private forest owners' rights, and notably to i) make decisions in operational...
Frati, Paola; Foldes-Papp, Zeno; Panici, Pierluigi B; Brunelli, Roberto; Zaami, Simona; Busardò, Francesco P; Fineschi, Vittorio
Pregnancy in advanced reproductive age is nowadays part of the social and welfare scenario. The effects and assessment of the risks and complications in women over the age of 43 must still be more specifically defined. The aim of this study is to compare the outcomes between spontaneous pregnancies with those induced by assisted reproductive technology (ART) in women ≥ 43 years. This retrospective observational study enrolled 114 women with an age of ≥ 43 divided as follows: 74 with spontaneous pregnancies and 40 with ART-induced pregnancy. For statistical analysis, a t-test was used to compare the parameters analyzed for quantitative variables and χ2 was used for qualitative variables. A p-value ≤ 0.05 was considered statistically significant. Statistical Analysis was performed using the program SPSS 16.0 for Windows. The statistically significant differences between IVF and spontaneous pregnancy groups were respectively: gestational hypertension (30% vs 6.8%), preeclampsia (17.5% vs 2.7%), preterm delivery (47.5% vs 13.5%), IUGR (17.5% vs 4.1%), caesarian section (95% vs 70.3%), length of recovery (8.6±7.2 vs 5.9±3) and mean birth weight (2641± 695 g vs 3207±496 g). Women in advanced reproductive age (≥ 43 years) who undergo assisted fertilization procedures are at a higher risk of complications compared to women of the same age with spontaneous pregnancies.
Private education contributes a great deal to education in China, but people are confused about the prospects of teacher development, tax problems, property rights problems, remunerations, and so forth. Legal provisions stipulate that private education and public education have the same legal status and rights, but there is still a long way to go…
Fiedler, John L; Wight, Jonathan B
Efforts to privatize portions of the health sector have proven more difficult to implement than had been anticipated previously. One common bottleneck encountered has been the traditional organizational structure of the private sector, with its plethora of independent, single physician practices. The atomistic nature of the sector has rendered many privatization efforts difficult, slow and costly-in terms of both organizational development and administration. In many parts of Africa, in particular, the shortages of human and social capital, and the fragile nature of legal institutions, undermine the appeal of privatization. The private sector is left with inefficiencies, high prices and costs, and a reduced effective demand. The result is the simultaneous existence of excess capacity and unmet need. One potential method to improve the efficiency of the private sector, and thereby enhance the likelihood of successful privatization, is to transfer managerial technology--via franchising--from models that have proven successful elsewhere. This paper presents a feasibility analysis of franchizing the successful Bolivian PROSALUD system's management package to Zambia. The assessment, based on PROSALUD's financial model, demonstrates that technology transfer requires careful adaptation to local conditions and, in this instance, would still require significant external assistance.
Department of Homeland Security — This Private Schools feature dataset is composed of all Private elementary and secondary education features in the United States as defined by the Private School...
Dunlay, Shannon M; Haas, Lindsey R; Herrin, Jeph; Schilz, Stephanie R; Stulak, John M; Kushwaha, Sudhir S; Shah, Nilay D
Very little is known about health care resource utilization, including post-acute care use and hospital readmissions, after left ventricular assist device (LVAD) implantation. Administrative claims from a database of multiple United States health plans were used to identify patients that received an LVAD (ICD-9 code 37.66) and survived to hospital discharge from January 1-2006, through September 30-2013. Post-acute care use was defined as a skilled nursing facility or rehabilitation stay within 90 days after hospital discharge. Patients were censored at heart transplantation or end of coverage through December 31-2013. Of 583 patients (mean age 55 years, 77% male), 223 (38.3%) used post-acute care services, more commonly in patients with diabetes, who required hemodialysis, and who had LVADs implanted at hospitals in more populated areas, with more beds, and in the northeast region (P device complications, heart failure, and arrhythmia. Readmission risk was higher in patients who had diabetes, peripheral vascular disease, and longer hospital length of stay, but it did not differ by post-acute care use. Use of post-acute care services varies based on hospital characteristics. We found no association between post-acute care use and readmission risk after LVAD implantation. Copyright © 2015 Elsevier Inc. All rights reserved.
Drawing on the World Bank's Private Participation in Infrastructure Project Database, this Note provides an overview of private activity in infrastructure in developing countries between 1990 and 2000. Three main trends characterized that decade: Private activity in infrastructure grew each year except 1998 and 1999. Most developing countries introduced some form of private activity in inf...
Ramírez García, Hugo Saúl
This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.
Herrmann, Janne Rothmar
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....
Herrmann, Janne Rothmar
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....
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
Human Resources Division - Tel. 73634
Administrative Circular No. 20 on the use of private vehicles for official duty is shortly to be revised with a view to making certain procedures more flexible. CERN no longer requires members of the personnel to take out optional private insurances (insurance for official journeys, legal assistance insurance) in the case of duty travel for the Organization, since the associated risks are covered by CERN's own insurance. Pending the above mentioned revision, members of the personnel may continue to use their private vehicles for official duty in accordance with the others provisions laid down in the Circular Reminder: Owners of private vehicles must of course be insured by the normal compulsory car insurance required by the laws of the Host States when driving on and off the CERN sites.
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.
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.
Bagley, Constance; Tvarnø, Christina D.
This article provides a game theory and law-and-management analysis of for- profit pharmaceutical public-private partnerships, a complex type of legal arrangement in the highly regulated pharmaceutical industry. A pharmaceutical public-private partnership (PPPP) agreement is a legally binding...... contract be- tween a private pharmaceutical enterprise and a public research university (or a private university conducting publicly funded research) to support research leading to new commercial pharmaceutical and biologic products. The key purpose of this article is to provide a theoretical explanation...... and a practical perspective on how properly crafted PPPP arrangements can promote innovation more efficiently than traditional self-optimizing contracts. In particular, a properly framed binding contract, coupled with respect for positive incentives, can move the parties away from an inefficient prisoners...
The author, based on the circumstances that contributed to the creation of private prisons, has explained the historical development of private prisons in the United States and Great Britain. After that, the author has analyzed the strengths and weaknesses of the prison run by private companies. Namely, the author has, stating the benefits of private prisons (reduced overcrowding penitencijarnih institution, cheaper accommodation cost per prisoner, provide better services, the possibility of ...
Rogers, W.L.; Bourgeacq, J.P.
This paper addresses different aspects of exporting the American knowledge and experience in the private development of small-scale hydropower projects. It details the export and adaptation/translation of American PURPA philosophy to other countries. The major stumbling blocks on the road to exportation are listed. The subject countries market evaluation is explained, as well as methods for researching and gathering the necessary information on a specific country. Methods of choosing a target country are discussed, and the criteria necessary for making a choice are detailed. The subject of legal framework and privatization of power generation issues overseas and the ways and means to help the export of U.S. expertise through U.S. Government programs are described. The subjects of financing and joint ventures with local entities are also included in this paper. Various scenarios for private development overseas are presented
Jerrard, Jane; Bolt, Nancy; Strege, Karen
This timely special report from ALA Editions provides a succinct but comprehensive overview of the "privatization" of public libraries. It provides a history of the trend of local and state governments privatizing public services and assets, and then examines the history of public library privatization right up to the California…
Private handshaking allows pairs of users to determine which (secret) groups they are both a member of. Group membership is kept secret to everybody else. Private handshaking is a more private form of secret handshaking [BRS+03], because it does not allow the group administrator to trace users. We
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.
Privatizing community animal health worker based veterinary services delivery system in West Kordofan, Southern Sudan; The needed roles of community animal health assistant (CAHA) and Pastoral unions.
Miyashita, Ayako; Hasenbush, Amira; Wilson, Bianca DM; Meyer, Ilan; Nezhad, Sheila; Sears, Brad
This report summarizes findings of the Legal Assessment of Needs Study (“LeAN Study”) – an online survey with 387 respondents who identified as people living with HIV/AIDS (“PLWH”). We describe respondents’ legal needs, respondents’ experiences getting assistance for identified legal needs from both legal and non-legal sources, and barriers respondents faced in accessing assistance from both legal and non-legal sources. We describe differences and similarities among subpopulations that are tr...
Randall, Lisa H; Curran, Eileen A; Omer, Saad B
Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009-2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges. Copyright © 2013 Elsevier Ltd. All rights reserved.
Full Text Available The author, based on the circumstances that contributed to the creation of private prisons, has explained the historical development of private prisons in the United States and Great Britain. After that, the author has analyzed the strengths and weaknesses of the prison run by private companies. Namely, the author has, stating the benefits of private prisons (reduced overcrowding penitencijarnih institution, cheaper accommodation cost per prisoner, provide better services, the possibility of applying a new philosophy in the manner of execution of sentence, with modern Penitentiary program, with the aim of re-socialization and the reduction of recidivism and weaknesses of the private prisons (the question of legitimac, a chronic lack of space in the Penitentiary system is not solved, business-oriented policies of private prisons, less salaries, poor performance of the security service, worst food, weak enforcement of parole, lack of appropriate penitentiary program, wanted to draw attention to the professional public about controversy of the introduction private companies in the management structure of penitentiary institutions . As the Republic of Serbia is, constantly in the last twenty years, faced with the increasing number of inmates, as well as the chronic shortage of money, which affects on the situation in industrial areas of prisons, there are options to give licenses to private companies to manage prisons. Therefore, the author has paid special attention to potential problems of introducing private prisons in the penitentiary system in Serbia.
Ing. Florin Aliu
Full Text Available Privatization is considered an initial step toward market economy, restructuring financial and economic sector that enables competition in the economy. Privatization is the most painful process in economy where beside legal establishment and political will, it includes also the aspect of fairness and honesty. Analysis of this process is based on the models and comparisons between Kosovo and countries of central and Eastern Europe, in order to give a clearer picture on the overall process of privatization in Kosovo Methodology that is used to analyze this issue is based on empirical results and also qualitative interpretation of the models and also on studying particular asset privatization process. A widely discussed case of privatization in Kosovo is that of Post and Telecom of Kosovo (PTK. Since each company has its own value, I have focused my appraising analysis on the financial statements with a special observation on Cash Flow from Operation, as the most significant indicator on showing how company is using her physical and human recourses to generate money. I have based my research on using methodology of discounted cash flow from operation analysis, even though the company valuation was done using net cash flow from operation analysis. Cash Flow valuation then was discounted by the T-bonds interest rate. This paper tries to bring a conclusion that privatization process in Kosovo have not brought the results excepted, firstly by setting an inappropriate price of assets and lastly by restructuring overall privatization sector and the overall industry. Kosovo, consequently, lost a big opportunity to create a competitive environment of financial industry: starting from the banking industry followed the pension trust which remained at their initial steps of development
Babín Vich, Francisco de Asís
The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.
Costa Ramos, Vânia
The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).
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....
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...
Address Points, Points of Interest: AIRPORT_PRIVATE, AIRPORT_PUBLIC, ARMORY, ASSISTED LIVING, CAMPGROUND, CHILD CARE CENTERS, CHURCH, COLLEGE, COMMUNITY ENTRANCE, COMMUNITY REC CENTER, COURT, FARMERS MARKET, FIRE DEPT, GOVERNMENT BUILDING, HEALTH CENTER, HOSPITAL, etc, Published in 2011, 1:2400 (1in=200ft) scale, Anne Arundal County Government.
NSGIC Local Govt | GIS Inventory — Address Points dataset current as of 2011. Points of Interest: AIRPORT_PRIVATE, AIRPORT_PUBLIC, ARMORY, ASSISTED LIVING, CAMPGROUND, CHILD CARE CENTERS, CHURCH,...
An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)
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.
This research discusses on the analysis of International law on the seizure of assets in South East Asia countries according to UNCAC and AMLAT. Questions posed are (1) how is the implementation of International law principles on the seizure of assets based on UNCAC and AMLAT? (2), what are the forms of International legal instruments on seizure of assets in South East Asia region? The research shows that (1) the implementation of International law principles in seizure of assets in South Ea...
Full Text Available Having limited legal status has direct negative consequences for Syrian refugees’ access to protection and assistance during their stay in Lebanon. Limited legal status also increases the risks of abuse and exploitation.
Adena R. Rissman
Full Text Available Information is critical for environmental governance. The rise of digital mapping has the potential to advance private-land conservation by assisting with conservation planning, monitoring, evaluation, and accountability. However, privacy concerns from private landowners and the capacity of conservation entities can influence efforts to track spatial data. We examine public access to geospatial data on conserved private lands and the reasons data are available or unavailable. We conduct a qualitative comparative case study based on analysis of maps, documents, and interviews. We compare four conservation programs involving different conservation tools: conservation easements (the growing but incomplete National Conservation Easement Database, regulatory mitigation (gaps in tracking U.S. Fish and Wildlife Service's endangered species habitat mitigation, contract payments (lack of spatial data on U.S. Department of Agriculture's Conservation Reserve Program due to Farm Bill restrictions, and property-tax incentives (online mapping of Wisconsin's managed forest tax program. These cases illuminate the capacity and privacy reasons for current incomplete or inaccessible spatial data and the politics of mapping private land. If geospatial data are to contribute fully to planning, evaluation, and accountability, we recommend improving information system capacity, enhancing learning networks, and reducing legal and administrative barriers to information access, while balancing the right to information and the right to privacy.
The amount of resources, particularly prepaid resources, available for health can affect access to health care and health outcomes. Although health spending tends to increase with economic development, tremendous variation exists among health financing systems. Estimates of future spending can be beneficial for policy makers and planners, and can identify financing gaps. In this study, we estimate future gross domestic product (GDP), all-sector government spending, and health spending disaggregated by source, and we compare expected future spending to potential future spending. We extracted GDP, government spending in 184 countries from 1980-2015, and health spend data from 1995-2014. We used a series of ensemble models to estimate future GDP, all-sector government spending, development assistance for health, and government, out-of-pocket, and prepaid private health spending through 2040. We used frontier analyses to identify patterns exhibited by the countries that dedicate the most funding to health, and used these frontiers to estimate potential health spending for each low-income or middle-income country. All estimates are inflation and purchasing power adjusted. We estimated that global spending on health will increase from US$9·21 trillion in 2014 to $24·24 trillion (uncertainty interval [UI] 20·47-29·72) in 2040. We expect per capita health spending to increase fastest in upper-middle-income countries, at 5·3% (UI 4·1-6·8) per year. This growth is driven by continued growth in GDP, government spending, and government health spending. Lower-middle income countries are expected to grow at 4·2% (3·8-4·9). High-income countries are expected to grow at 2·1% (UI 1·8-2·4) and low-income countries are expected to grow at 1·8% (1·0-2·8). Despite this growth, health spending per capita in low-income countries is expected to remain low, at $154 (UI 133-181) per capita in 2030 and $195 (157-258) per capita in 2040. Increases in national health spending
AbstractThis research discusses on the analysis of international law on the seizure of assets in South East Asia countries according to UNCAC and AMLAT. Questions posed are (1) how is the implementation of international law principles on the seizure of assets based on UNCAC and AMLAT? (2), what are the forms of international legal instruments on seizure of assets in South East Asia region? The research shows that (1) the implementation of international law principles in seizure of assets in ...
This report presents GAO's views on matters raised by the Vice Chairman, Joint Committee on Atomic Energy, related to the private ownership of uranium enrichment and reemphasizes GAO's belief that the Government should add on to one of its existing enrichment plants to provide the next increment of enrichment capacity
Meulen, van der B.M.J.
Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private
A Agência Nacional de Saúde e a política de saúde mental no contexto do sistema suplementar de assistência à saúde: avanços e desafios The Brazilian National Health Agency and the mental health policy in the context of the private health system: developments and challenges
Rachel Torres Salvatori
Full Text Available O presente estudo trata das políticas de saúde mental conduzidas pela Agência Nacional de Saúde Suplementar - ANS, no cenário da assistência dispensada pelos planos privados de assistência à saúde. Dessa forma, analisa o modelo de regulação econômica e assistencial do setor suplementar, a forma de atuação da ANS como organismo regulador e o tratamento dispensado à assistência à saúde mental nos normativos emanados pela Agência. Concluiu-se que, apesar de avanços como a obrigatoriedade de cobertura para todas as doenças listadas na CID-10, a inclusão do tratamento das tentativas de suicídio e das lesões autoinfligidas, o atendimento por uma equipe multiprofissional, a ampliação do número de sessões com psicólogo, com terapeuta ocupacional e de psicoterapia, e a inclusão do hospital-dia na rede credenciada da operadora, a assistência à saúde mental ainda é pouco normatizada pelos regramentos vigentes no sistema de atenção à saúde suplementar, existindo muitas lacunas a serem preenchidas. A regulamentação dos mecanismos de coparticipação e franquia, a coparticipação crescente como limitador da internação psiquiátrica sem o repensar em uma rede substitutiva e a limitação do número de sessões de psicoterapia de crise são alguns dos desafios colocados para a ANS, no sentido de que esta cumpra realmente o seu papel institucional de promoção da defesa do interesse público na assistência suplementar à saúde.This work analyses the mental health policy-making activity of the Brazilian National Health Agency (ANS, responsible for controlling health insurance companies. Three points are discussed: a the framework of an economic and private health assistance regulatory activity, b the ANS and its regulation activity and c the rules produced by ANS in the mental health care field. It was concluded that, despite advances like the legal obligation to ensure medical treatment to all the diseases listed in
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...
Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.
This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the
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.
Frederico de Andrade Gabrich
There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...
Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy. European Society of Human Genetics and European Society of Human Reproduction and Embryology.
Harper, Joyce C; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan
In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and assisted reproductive technology (ART), and published an extended background paper, recommendations and two Editorials. Seven years later, in March 2012, a follow-up interdisciplinary workshop was held, involving representatives of both professional societies, including experts from the European Union Eurogentest2 Coordination Action Project. The main goal of this meeting was to discuss developments at the interface between clinical genetics and ARTs. As more genetic causes of reproductive failure are now recognised and an increasing number of patients undergo testing of their genome before conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and preimplantation genetic diagnosis (PGD) may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from randomised clinical trials to substantiate that the technique is both effective and efficient. Whole-genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (International Standards Organisation - ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving but still remains very heterogeneous and often contradictory. The lack of legal harmonisation and uneven access to infertility treatment and PGD/PGS fosters considerable cross-border reproductive care in Europe and beyond. The aim of this paper is to complement previous publications and provide
Boon, Tove Enggrob; Meilby, Henrik
I 2012 blev der gennemført en undersøgelse af de private skovejere. Skovejerne har ofte baggrund i jordbruget, og en stor del har en uddannelse inden for land- eller skovbrug. De fleste er aktive beslutningstagere – alene eller sammen med andre. Siden 2002 synes medlemskab af Skovdyrkerforeninger...
The efforts in progress now in Great Britain to liberalize the nuclear decommissioning activity market imply that by 2012 the competitive commercial private companies will lead the national nuclear decommissioning and decontamination related activity market. Paper dwells upon the new market peculiar features and upon some peculiar features of the new market related activities [ru
The paper is devoted to the problems of the impact of privatization on corporate governance formation in Poland. It discusses the dilemmas of choosing a model for privatization and corporate governance, legal background, mechanisms of corporate governance formation depending on a privatization method applied, and the evolution of these structures in the course of systemic transformation in Poland. The Author comes to the conclusion that the processes of privatization and corporate governance ...
Frederico de Andrade Gabrich
Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.
private, and private regulation models. This project will help feed into those debates by developing a better understanding of the legal models and incentives that are most effective in Latin America. Specifically, researchers will look at models that ...
Narcis Eduard MITU; Alia Gabriela DUŢĂ
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.
Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.
Leenes, R.E.; Svensson, Jorgen S.
The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.
... litigation management procedures and cost guidelines. DEAR 931.205-33 requires litigation and other legal... commonplace among businesses. The Legal Management Plan assists Department Counsel in understanding the contractor's internal procedures, litigation protocols and processes to manage costs. Legal Management Plans...
Contains Executive Summary and Chapters on: Introduction; Political and economic background; Energy supply; The Chinese electricity sector; Private power in China; Issues for private investors; Fuel choice in private projects; Private investors in China; Listed Chinese generators; Private power prospects; Implemented private generation projects; Planned private Generation Projects; Plants owned by listed Chinese generators. (Author)
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work......When the International Association of IT Lawyers (IAITL) held its first international conference in 2006 in Hamburg, it could never have been envisaged just how successful the programme would become as a firm 'not to be missed' date of the calendar of increasing numbers of academics and others...
Full Text Available The connection of the person deprived of his/her liberty with the family is an important aspect to be kept in the prison environment both for him/her and for the family. This connection is accomplished in particular by the right to private visit as provided within the legal regulations. Identifying the origins of the right to private visit and establishing the nature of this private right represent a goal, given that its peculiarity is that although it is regarded as a right, its implementation seems to be closer to the concept of reward. The radiography of the concept „private visit” is trying to identify both the willingness of the legislator that regulated this right, but also the realities from the prisons in terms of concrete realization of this right, considering both the legal provisions and the concrete situations in prisons.
Rhonan Ferreira da Silva
Full Text Available INTRODUÇÃO: o mercado de trabalho tem se mostrado saturado de profissionais atuando nos grandes centros urbanos e, por este motivo, as estratégias de produtividade são imprescindíveis. A delegação de funções aos auxiliares odontológicos tem se tornado vital e corriqueira para aqueles que exercem a Ortodontia. OBJETIVO: conhecer o perfil do cirurgião-dentista especialista nesta área e as funções delegadas por ele à equipe auxiliar. METODOLOGIA: foi aplicado um questionário a todos os especialistas em Ortodontia e Ortopedia Facial inscritos no Conselho Regional de Odontologia de Goiás, com atividade em Goiânia e Aparecida de Goiânia. RESULTADOS E CONCLUSÃO: os resultados demonstraram que os ortodontistas, de um modo geral, aproveitam bem a mão-de-obra auxiliar chegando até a ultrapassar os limites ético-legais.INTRODUCTION: the work market has been shown to be saturated with professionals working at large urban centers and, for this reason, productive strategies are indispensable. The delegation of functions to dental assistants is becoming vital and quite common for those that work with Orthodontics. AIM: to evaluate the profile of the orthodontists and the workload delegated by them to the dental assistant team. METHODS: a questionnaire was given to all specialists in Orthodontics and Dentofacial Orthopedics registered at the Regional Council of Dentistry of Goiás, with practices in Goiânia and Aparecida de Goiânia. RESULTS AND CONCLUSIONS: the results demonstrated that orthodontists, in general, take advantage of the work labor of the dental assistants even surpassing the ethical-legal limits.
Agbebaku, C. A.; Adavbiele, A. Justina
Today, the classroom beyond the border through online Open University education in Nigeria has made it possible for many students to obtain university degrees. However, the reliability and legality of such degrees have become questionable. This paper is a descriptive exploratory case study regarding the public and private sector end-users, whose…
Full Text Available O presente trabalho vislumbra um breve histórico dos planos de saúde no Brasil, examinando as interfaces entre o público e o privado. Realiza, ainda, uma análise da evolução e regulamentação da saúde suplementar, definindo as modalidades assistenciais de saúde, bem como enuncia as principais diferenças entre os planos e assistência médico-hospitalar e odontológico. Demonstra, em dados atuais, a cobertura exercida pelos planos de saúde suplementar e sua relação com a assistência pública de saúde. Por outro lado, enfoca a assistência, planos de saúde e o mercado de trabalho da odontologia, correlacionando, também com dados atuais, os desafios e as novas oportunidades do mercado de saúde suplementar, enfocado principalmente no setor odontológico. Ainda que o setor odontológico esteja em um momento extraordinário dentro do sistema privado de atenção à saúde, e que dados da ANS apontem para um crescimento desse setor de 210% nos últimos sete anos, a cobertura de serviços do setor suplementar de saúde está aquém das reais demandas, não contemplando, portanto, a assistência integral à saúde.The present work presents a brief history of health plans in Brazil examining the interface between the public and the private sector. The evolution and regulation of the supplementary care system is analyzed, the different care modalities are defined and the main differences between health plans and dental care insurance are pointed out. The coverage provided by the supplementary care system and its relationship with the public health system is shown on the basis of current data. On the other hand, the study focuses on the care services, health plans and the labor market in the sector correlating, also on the basis of current data, the challenges and new opportunities of the supplementary care market, mainly in the dental sector. Although the dental sector is living an extraordinary moment within the private health care
On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...
Establishing a Public-Private Partnership (P3) program within a public agency involves issues from : enabling legislation through identification, evaluation, negotiation and management of P3 projects. : Public agencies will need: : A legal framew...
trade, and commerce as engines of economic growth. From its own practical support for private sector development, IDRC has learned that two kinds of assistance can pay dividends: improving the business environment, and stimulating innovation. If donor agencies work to enhance the general environment for business —.
Obani, P.; Gupta, J.
This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private
An adequate amount of prepaid resources for health is important to ensure access to health services and for the pursuit of universal health coverage. Previous studies on global health financing have described the relationship between economic development and health financing. In this study, we further explore global health financing trends and examine how the sources of funds used, types of services purchased, and development assistance for health disbursed change with economic development. We also identify countries that deviate from the trends. We estimated national health spending by type of care and by source, including development assistance for health, based on a diverse set of data including programme reports, budget data, national estimates, and 964 National Health Accounts. These data represent health spending for 184 countries from 1995 through 2014. We converted these data into a common inflation-adjusted and purchasing power-adjusted currency, and used non-linear regression methods to model the relationship between health financing, time, and economic development. Between 1995 and 2014, economic development was positively associated with total health spending and a shift away from a reliance on development assistance and out-of-pocket (OOP) towards government spending. The largest absolute increase in spending was in high-income countries, which increased to purchasing power-adjusted $5221 per capita based on an annual growth rate of 3·0%. The largest health spending growth rates were in upper-middle-income (5·9) and lower-middle-income groups (5·0), which both increased spending at more than 5% per year, and spent $914 and $267 per capita in 2014, respectively. Spending in low-income countries grew nearly as fast, at 4·6%, and health spending increased from $51 to $120 per capita. In 2014, 59·2% of all health spending was financed by the government, although in low-income and lower-middle-income countries, 29·1% and 58·0% of spending was OOP
Human reproduction is interrelated with privacy. However, in most countries where new reproductive technologies are used public regulations have been passed to provide a legal framework for such technologies. This interference in private life can be justified by the need to control medical intervention in the human reproductive process. But in order to find a balance between public regulations and other social regulations, this article analyses the impact private regulation may have on issues raised by reproductive technologies. It also addresses the issue of the influence of private bodies on the drafting of public regulations.
Full Text Available Legal framework for privatization in Croatia was based on two key laws: the Transformation Act of 1991, and the Privatization Act of 1993, amended in 1996. Early start of privatization process in 1990s in Croatia was marked by the transformation of socially-owned companies into stock holding companies or limited liability companies. The first step (1991-1993 of this process of almost 2700 companies which entered privatization was their evaluation and transformation into private ownership entities. The second step (1994- 1997 consisted of privatization of CPF portfolio. The portfolios change constantly, not only as a result of privatization but also because companies themselves change, as does their position in the market. The third step (1998 in the privatization process was voucher privatization. Privatization of large infrastructure and utility companies designated as public enterprises began in 1999 (Croatian Telecom and INA in 2002 (public enterprises are privatized on the basis of separate laws. Attempts to discuss privatization in Croatia in terms of SWOT analysis have been motivated by the stark difference among Croatian professional economists in an appraisal of Croatia's performance during the transition process in general and of the privatization process in particular. Therefore we considered the elements of SWOT analysis to be an acceptable way to delve into the confusing world of bickering arguments on the state and perspective of the Croatia's privatization process. In this paper we have tried to provide an impartial approach by employing two criteria i.e. strength and weaknesses in judging the events and results of the privatization process in Croatia. Strength of the overall privatization process can be mostly ascribed to the institutional swiftness on micro as well as on macro level. On the micro level 80% of the companies were formally privatized in the first two years despite unfavorable external conditions comprising the
Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to
The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de
The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de
This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....
This article examines the question of whether private obstetric care in South Africa (SA) can be saved in view of the escalation in medical and legal costs brought about by a dramatic increase in medical negligence litigation. This question is assessed with reference to applicable medical and legal approaches. The crux of ...
van der Elst, C.F.; Vermeulen, E.P.M.; De Cordt, Y.; Navez, E.J.
This Chapter in a comparative book on private limited liability companies starts with an illustration of the former success of the Dutch limited liability company (BV). Next it addresses the competitive European legal environment within which the Dutch BV has to operate. The study shows how the
Bugeaud, G. J. R.
The principles underlying private placements in Alberta, and the nature of the processes employed by the Alberta Securities Commission in handling such transactions were discussed. The Alberta Securities Commission's mode of operation was demonstrated by the inclusion of various documents issued by the Commission concerning (1) special warrant transactions prior to listing, (2) a decision by the Executive Director refusing to issue a receipt for the final prospectus for a distribution of securities of a company and the reasons for the refusal, (3) the Commission's decision to interfere with the Executive Director's decision not to issue a receipt for the final prospectus, with full citation of the Commission's reasons for its decision, (4) and a series of proposed rules and companion policy statements regarding trades and distributions outside and in Alberta. Text of a sample 'short form prospectus' was also included
Miyashita, Ayako; Hasenbush, Amira; Sears, Brad
This report summarizes findings of the Legal Assessment of Needs Study (“LeAN Study”) – an online survey with 387 respondents who identified as people living with HIV/AIDS – for transgender women living with HIV in Los Angeles County. We describe respondents’ legal needs, respondents’ experiences getting assistance for identified legal needs from both legal and non-legal sources, and barriers respondents faced in accessing assistance from both legal and non-legal sources. We describe differen...
R. Jeff Teasley; John C. Bergstrom; H. Ken Cordell; Stanley J. Zarnoch; Paul Gentle
Outdoor recreation on private land is influenced by myriad factors. To provide background and context on these factors, this chapter first overviews the private land situation in the United States and provides general information and discussion related to ownership and tenure, land-use patterns, legal restrictions, and economic conditions, including taxation issues....
Full Text Available The Republic of Serbia is one of the last countries that legally regulate the private security sector, which is a new conceptual system of the national security system. Since the law is expected to solve many issues and dilemmas, and bring order to the area, which by some accounts is a very profitable branch of economy. Expectations were that by the end to regulate issues such as: 1 the need for institutionalization of partnership between the public and private sectors for mutual benefit, 2 the need of expressing mutual interest to establish the desired condition of security in the entire society and 3 the need to define the mechanisms and authority to achieve mentioned above. Based on this, legal framework of private security should explicitly provide: 1 a new role of the private sector, 2 communication and data exchange between the public and private sector, 3 mandatory notification about prepared or committed criminal acts on which there is information, 4 cooperation in the tasks of necessarily protected facilities, 4 cooperation in crisis situations including natural disasters, traffic accidents, strikes, sabotage, terrorist attacks, etc., 5 cooperate in the selection and training of staff and 6 cooperation in planning activities and project design of security. This paper presents a critical review of some theoretical and professional controversies in the solutions provided by law, for the purpose of answering whether it is achieving the purpose of passing of such a legal act.
This doctoral thesis presents solutions to some of the legal problems encountered in the interpretation of the various laws and regulations governing nuclear waste disposal, and reveals the legal system supporting the variety of individual regulations. Proposals are made relating to modifications of problematic or not well defined provisions, in order to contribute to improved juridical security, or inambiguity in terms of law. The author also discusses the question of the constitutionality of the laws for nuclear waste disposal. Apart from the responsibility of private enterprise to contribute to safe treatment or recycling, within the framework of the integrated waste management concept, and apart from the Government's responsibility for interim or final storage of radioactive waste, there is a third possibility included in the legal system for waste management, namely voluntary measures taken by private enterprise for radioactive waste disposal. The licence to be applied for in accordance with section 3, sub-section (1) of the Radiation Protection Ordinance is interpreted to pertain to all measures of radioactive waste disposal, thus including final storage of radioactive waste by private companies. Although the terminology and systematic concept of nuclear waste disposal are difficult to understand, there is a functionable system of legal provisions contained therein. This system fits into the overall concept of laws governing technical safety and safety engineering. (orig./HSCH) [de
Van Dijk, F
"The issue is addressed whether assistance to persons in need can be left to the ¿family' and the ¿community'. In that case people depend on their social networks. The support a person receives through a given network of social ties is examined. However, ties are diverse and subject to change. By means of a model of the dynamics of social ties, the conditions for adequate private support are analyzed. The sustainability of private support over time is examined by incorporating the impact on social ties of lending and receiving support. It is shown that support is only an effective alternative in a limited number of situations." excerpt
Belfield, Clive R.
U.S. students now have four choices of schooling: public schooling, private-religious schooling, private-independent schooling, and home-schooling. Of these, home-schooling is the most novel: since legalization across the states in the last few decades, it has grown in importance and legitimacy as an alternative choice. Thus, it is now possible to…
Thaysen, Jens Damgaard
This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Private Capital for NMVC Companies... VENTURE CAPITAL (âNMVCâ) PROGRAM Qualifications for the NMVC Program Capitalizing A Nmvc Company § 108.230 Private Capital for NMVC Companies. (a) General. Private Capital means the contributed capital of a NMVC...
Formas jurídicas de colaboración público-privada en el derecho español: orígenes europeos y evolución de la regulación de los diferentes modelos de colaboración (Legal forms of public private partnerships in spanish law: european origins and evolution...
Full Text Available The use of public-private partnerships has increased and the European Union has become the driving force behind them. In addition, in the current economic situation, budget constraints are an important factor for the rise of these contracts, which allows creating new business opportunities for the private sector and improves the effectiveness and efficiency of public investment management. In the Spanish case the collaboration between public and private sector over the last years has been through different legal forms, but mainly through administrative licensing contract for public works. But it is in 2007 when the current Law 30/2007 of public sector contracts, enter one of the largest developments, the incorporation of a new contract: Collaboration agreement between the public sector and the private sector. El empleo de los contratos de colaboración público-privada se ha ido incrementando y la Unión Europea se ha convertido en una firme impulsora de los mismos. Por otro lado, en el contexto económico actual, las restricciones presupuestarias son un factor relevante para el auge de estos contratos, que permiten crear nuevas oportunidades de negocio para el sector privado y mejorar la eficacia y eficiencia de la inversión pública de la Administración. En el caso español se ha producido esta colaboración entre entes públicos y privados a lo largo de los últimos años mediante diferentes formas jurídicas, pero principalmente a través del contrato administrativo de concesión de obra pública. Sin embargo es en el año 2007 cuando con la vigente Ley 30/2007, de Contratos del Sector Público, se introduce una de las mayores novedades, la incorporación de un nuevo contrato típico denominado contrato de colaboración entre el sector público y el sector privado. Die Verwendung von Verträgen für öffentlich-private Partnerschaften ist gestiegen und die Europäische Union ist zu einem starken Antragsteller geworden. Auf der anderen
Full Text Available The main focus of this paper is legal status of private enforcement agents in Serbia. The 2011 Serbian Law on Enforcement and Security has introduced private enforcement agents as legal professionals in charge mainly for carrying out of the enforcement. Special enforcement procedure for collection of utilities and similar claims has become exclusive competence of private enforcement agents. Since enforcement procedure has always been regarded as a set of coercive measures against enforcement debtor, it became questionable whether this coercion could be exercised by private enforcement agents. It has been argued by legal scholars that enforcement of civil judgments and other enforcement deeds belongs only to the state authority. The author tackles this issue from the standpoint of decisions of constitutional courts and jurisprudence of European Court of Human Rights.
... affecting older persons in economic or social need, for example, public benefits, institutionalization and... judicial representation in the areas of law affecting older persons with economic or social need; (3... employees shall: (1) Participate in any public demonstration, picketing, boycott, or strike, except as...
Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...
Saúde suplementar no Brasil: abordagens sobre a articulação público/privada na assistência à saúde Salud suplementaria en Brasil: enfoques sobre la vertebración pública/privada en la asistencia a la salud Private health insurance in Brazil: approaches to public/private patterns in healthcare
Full Text Available Este artigo parte de uma revisão de 270 textos sobre saúde suplementar publicados entre 2000 e 2010, e seleciona 17 que abordam a questão da articulação entre o público e o privado na assistência à saúde. A análise do seu conteúdo considera os conceitos e expressões utilizadas, os elementos teóricos relacionados e as linhas argumentativas predominantes. A leitura das estratégias argumentativas aponta a existência de uma visão crítica sobre o atual modus operandi da articulação público/privado, fundamentada na Medicina Social e nas bases teóricas do movimento da Reforma Sanitária Brasileira, ao lado de contribuições que, apoiadas em visões empresariais inspiradas por uma perspectiva neoliberal, tomam os aspectos econômicos em seu sentido estrito como foco da discussão sobre saúde suplementar. Resta evidente que a compreensão da articulação público/privada na saúde requer o desenvolvimento de uma sólida base empírica, analisada com base em pressupostos teóricos adequados ao grau de complexidade inerente à zona de fronteira da articulação entre o público e o privado na assistência à saúde.Este artículo parte de una revisión de 270 textos sobre salud suplementaria, publicados entre 2000 y 2010, y selecciona 17 que abordan la cuestión de la vertebración entre lo público y lo privado en la asistencia a la salud. El análisis de su contenido considera conceptos y expresiones utilizadas, elementos teóricos, así como las líneas argumentativas predominantes relacionados con la cuestión. La lectura de las estrategias argumentativas apunta la existencia de una visión crítica sobre el actual modus operandi de la vertebración pública/privada, fundamentada en la Medicina Social y en las bases teóricas del movimiento de la Reforma Sanitaria Brasileña, además de contribuciones que - apoyadas en visiones empresariales inspiradas por una perspectiva neoliberal - toman aspectos económicos en su sentido
Angela van der Berg
Full Text Available It is anticipated that the occurrence and intensity of disasters will increase globally and in South Africa where typical disasters include droughts, floods, extreme hailstorms, gales, fires and earthquakes, as well as sinkholes arising from mining activity in dolomitic areas. Disasters such as these result in human suffering and damage to the resources and infrastructure on which South Africans rely for their survival and the maintenance of their quality of life. Section 24 of the Constitution of the Republic of South Africa, 1996 affords to everyone the right to an environment that is not harmful to his or her health and well-being. It may be argued that a person's sense of environmental security in relation to the potential risks and dangers of disaster falls within the scope of the protection provided by section 24. The responsibility to intervene for the protection of the interests inherent in the constitutional environmental right lies with the government of South Africa. Disaster management specifically is a functional area of competence of national and provincial government, but practice has shown that the actual implementation of and planning for disaster management happens in the local government sphere. Against the backdrop of these introductory discussions and, given the fact that several municipalities in South Africa are under-resourced, this article very specifically aims to critically discuss and describe from a legal perspective the potential and function of public-private partnerships (PPPs between local government (municipalities and the private sector (such as industries in fulfilling the legally entrenched disaster management mandate of municipalities. Through a critical evaluation of some existing PPPs, this article illustrates that the private sector has a key role to play in assisting municipalities to fulfil their legally entrenched disaster management mandate.
A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)
Glennen, Robert E.
In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)
Apperson, Ron; Waxman, Everett
This is the latest edition of a handbook designed to assist school administrators in preventing and dealing with school disruptions and certain related legal matters. Because the handbook was prepared specifically for use by administrators in the Los Angeles Unified School District, it is based on laws and regulations that may not apply elsewhere.…
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:.
Juraci A Cesar
Full Text Available OBJETIVOS: avaliar a assistência à gestação e ao parto entre o setor público e privado no município de Rio Grande, RS. MÉTODOS: aplicou-se questionário padronizado a todas as gestantes residentes neste município que tiveram filho em 2007. Investigaram-se aspectos relativos a cuidados recebidos desde o início da gestação até o pós-parto imediato. A análise estatística consistiu da comparação de proporções nestes dois grupos através do teste de qui-quadrado. RESULTADOS: dentre os 2584 nascimentos cujas mães residiam no município, foram obtidas informações sobre 2557, o que representa 98,9% do total. Destas mães, 96% realizaram pelo menos uma consulta de pré-natal. Gestantes atendidas no setor privado iniciaram o pré-natal mais cedo, realizaram um maior número de consultas médicas, exame de sangue e ultrassonografia pélvica, exame ginecológico, das mamas e citopatológico de colo uterino. Gestantes do setor público realizaram maior número de exames de urina e sorologia para sífilis e foram mais comumente suplementadas com sulfato ferroso. Todas estas diferenças foram estatisticamente significativas (pOBJECTIVES: to compare public and private sector maternity care in the municipality of Rio Grande, in the Brazilian State of Rio Grande do Sul. METHODS: a standardized questionnaire was applied to all pregnant women residing in this municipality who had a child in 2007. All aspects, from the beginning of gestation to immediate post-partum were investigated. Statistical analysis took the form of comparison of proportions for these two groups, using the chi-squared test. RESULTS: of the 2584 children born whose mothers resided in the municipality, information was obtained on 2557, representing 98.9% of the total. Of these mothers, 96% received at least one prenatal consultation. Pregnant women attended by the private sector began prenatal care earlier, had a larger number of medical consults, blood tests, pelvic
Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What are the minimum terms of private counsel's employment? 101.201 Section 101.201 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION ADMINISTRATION Employment of Private Counsel § 101.201 What are the minimum terms of private...
Full Text Available This study is meant, first of all, to analyze the incriminations that the new Romanian Criminal Code sets for the protection of a person’s private life as a social value of maximum significance both for the human being and for any democratic society as a whole.There are two criminal offences treated in this study that are not to be found in the current criminal legislation: violation of private life and criminal trespassing of a legal person’s property. Likewise, the study will bring forth the novelties and the differences regarding the offences of criminal trespassing of a natural person’s property, disclosure of professional secret, violation of secret correspondence, illegal access to computerized system and illegal interception of electronic data transfer – acts that when, directly or indirectly, committed can cause harm to the intimacy of a person’s life.As an expression of the interdisciplinary nature of this subject, the study also sets out, as a subsidiary aspect, an evaluation of the circumstances under which the new criminal proceeding legislation allows public authorities to interfere with an individual’s private life. Thus, the emphasis is on the analysis of the circumstances under which special surveillance and investigation techniques can be used as evidence proceedings regulated by the new Romanian Criminal Procedure Code.
"nSomebody spent all of his or her life for learning piano (playing).But piano is very expensive. Working with piano is vital need of his life but he has no money. All of his assests (capital)were his art . He needed a full and perfect piano. He had about10 friends which bought a piano for him. He played piano and his friends enjoyed from music and gain some financial benefits of his concerts. Only an artist can understand that pleasure of the pianist is unique and much more than his fri...
Sheldon, C T; Aubry, T D; Arboleda-Florez, J; Wasylenki, D; Goering, P N
The following study evaluates the complex association between legal involvement and mental illness. It describes a population of consumers of community mental health programs, comparing those with legal involvement to those without legal involvement, on a number of demographic, clinical and social indicators. It is a secondary analysis of data collected in studies making up the Community Mental Health Evaluation Initiative (CMHEI) in the province of Ontario, Canada. Legal involvement was a significant issue among community mental health program consumers; about one in five consumers had at least some contact with the legal system in the preceding nine months. Legally involved consumers were more likely to be in receipt of social assistance and be unstably housed than those legally uninvolved. However, there were no significant differences between legally involved and uninvolved consumers with respect to severity of symptomatology, current medication use or number of hospitalization days in the past 9 months. A predictive model compared the differential impact of clinical and social determinants upon legal involvement. Analyses failed to uncover a significant relationship between severity of psychiatric symptomatology and legal involvement. Significant predictors of legal involvement included gender, race, drug use as well as housing instability, and receipt of social assistance. Legal involvement was attributable to factors other than the severity of mental illness; these results challenge assumptions that the most symptomatically severe consumers are most at risk of legal involvement. Accordingly, the rate of legal involvement in a sample of community mental health program users must be considered in a broad context, with particular emphasis on social disadvantage.
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 Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...
Rosenbaum, Sara; Schmucker, Sara
Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services. Enforcement efforts confront problems of proof, remedies whose effectiveness may be blunted by underlying residential segregation patterns, and a judiciary closed to legal challenges focusing on discriminatory impact rather than intentional discrimination. But Title VI enforcement has experienced a resurgence, with strategies that seek to use the law as a basic compliance tool across the range of federally assisted programs. This resurgence reflects an enduring commitment to more equitable outcomes in federally funded programs that bear directly on community health, and it stands as a testament to the vital importance of a legal framework designed to move the nation toward greater health equity. Copyright © 2017 by Duke University Press.
Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.
Marco Gameiro Antunes
The paper will also describe how the ownership (public vs. private of coastal and estuarine margins is seen in some legal systems, considering the contribution of MPD to the protection of estuarine water and to the biodiversity resources.
Chambliss, William; Scorza, Thomas
Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…
María del Carmen Cortizo
application by the State’s legal-judicial system. We indicate problems related to application of the law in a way that reproduces the conservative legal culture present in society and therefore, in the operators of rights. This is exacerbated if the question of violence against women, as well as forms for prevention and punishment, are not understood as a complex cultural issue that is not limited to the “judicialization” of private space.
California Natural Resource Agency — Private Water District boundaries are areas where private contracts provide water to the district in California. This database is designed as a regions polygon...
California Department of Resources — Private Water District boundaries are areas where private contracts provide water to the district in California. This database is designed as a regions polygon...
My PhD research focuses on the relationship between the formation and operation of a Public-Private Partnership (PPP) and public procurement law as a legal framework for the award of the PPP contract. The complex nature of PPP projects including long term high value contracts, long award process...... to apply when awarding a Public-Private Partnership contract, as well as to analyse if a deregulation of PPP’s award framework could potentially resolve these potential legal challenges. The latter consideration of deregulation of PPP award framework is based on comparison of highly regulated European...
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...
Rogers, W.L.; Bourgeacq, J.P.
This paper addresses different aspects of exporting the American knowledge and experience in the private development of small-scale hydropower projects. It details the 'export' and 'adaptation/translation' of American PURPA philosophy to other countries. The major stumbling blocks on the road to exportation are listed. The subject countries'market evaluation is explained, as well as methods for researching and gathering the necessary information on a specific country. Methods of choosing a target country are discussed, and the criteria necessary for making a choice are detailed. The subject of legal framework and privatization of power generation issues overseas and the ways and means to help the 'export of U.S. expertise' through U.S. Government programs are described. The subjects of financing and joint ventures with local entities are also included in this paper. Various scenarios for private development overseas are presented
Alford, John; Greve, Carsten
. These and other factors complicated efforts to apply New Public Management and similar frameworks in strategy concepts in a governmental context. Partly also the traditional private-sector focus on single organizations did not resonate with the growth of network governance from the 1990s. The authors argue......Strategic concepts and practices first evolved in the private sector, so they evoked much controversy when they migrated to the public sector from the late 1970s onwards. Partly this was about their (in)applicability to the distinctive features of government organizations, in particular their focus...... on public as well as private value, their situation in a political rather than a market environment, their almost exclusive capacity to use legal authority to achieve purposes, and the extent to which they often need to share power over personnel and resources with other public sector agencies...
Esparza-Pérez, Rosa Verónica
Infertility represents a problem in the context of reproductive health; to treat it were developed the techniques of assisted human reproduction, despite medical advances, the practice of techniques is subject to medical, legal and ethical dysfunctions. In Mexico, since the late 1980s assisted reproduction clinics were set up in public and private sector hospitals; however, they do not yet have a legal framework to regulate them in a specific way, which causes human rights violations that could be avoided with adequate regulation. This article advances the need to provide Mexico with such regulation as a means of guaranteeing both human rights and the rights of physicians and other health workers involved in these techniques. Copyright: © 2017 SecretarÍa de Salud.
Marishet, Mohammed Hamza
The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.
Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.
Full Text Available Voluntary Sustainability Standards (VSS might develop into a viable alternative to public regulation. However, it turns on the (regulatory circumstances whether that holds true in practice. If public regulation on CSR topics is lacking, governments are unable to agree upon certain topics on a global level or diverging public regulation exists, VSS can be helpful to set global standards. Obviously, private standards will especially be helpful if they are commensurate with local public legislation (and e.g. treaties and/or are accepted by local governments. If one neglects this, numerous domestic structures might exist that frustrate VSS. Furthermore, governments have to remain vigilant as to whether these private regimes do not result in market disruption, consumer detriment or hamper trade. VSS might also compete with public arrangements which might limit the uptake of VSS. However, if public regulation exists VSS might be a viable alternative if compliance with not too compelling public norms by market participants is rather poor and the public policymaker is aiming to incentivize the better performing part of the market to embark on higher standards and thus only desires to regulate the less performing part of the market. However, of paramount importance is the effectiveness of VSS in order to be a viable alternative to public regulation. The effectiveness of VSS should be assessed using an integrated multi-disciplinary (comparative approach entailing legal, impact-assessment, legitimacy, governance and behavioural aspects. Only effective VSS in the aforementioned sense are a true alternative to public regulation.Beyond that, the legal perspective in connection with (the effectiveness of VSS is discussed, featuring FSC and UTZ Certified as an example. It is important from this perspective that VSS have a clear and sufficiently selective objective and sufficiently specific norms, are regularly evaluated, entail ‘conflict of law rules’ and
Large land areas in Cameroon are under agribusiness and logging concessions. While private sector investments hold out promise for green development and poverty reduction, the country faces key governance challenges, including a legal system in flux and weak regulation of rural land relations. Uncoordinated ...
This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which ...
Liddell, Debora L.; Douvanis, Costas J.
Describes current social and legal status of gay students. Examines scope of the problem; defines legal issues; and cites relevant cases regarding students' rights of association, access to university services/facilities, and privacy. Discusses homosexuality as "illegal act" and notes differences between private and public institutions. Discusses…
This paper reports that providing energy assistance to developing countries remains a relatively low priority of the Agency for International Development. AID is helping some developing countries meet their energy needs, but this assistance varies substantially because of the agency's decentralized structure. Most AID energy funding has gone to a handful of countries-primarily Egypt and Pakistan. With limited funding in most other countries, AID concentrates on providing technical expertise and promoting energy policy reforms that will encourage both energy efficiency and leverage investment by the private sector and other donors. Although a 1989 congressional directive to pursue a global warming initiative has had a marginal impact on the agency's energy programming, many AID energy programs, including those directed at energy conservation, help address global warming concerns
This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.
Frederick Schauer; Barbara A. Spellman
Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...
Hertel, Thomas Klitgaard
This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....
Full Text Available Privatization not only results in the transfer of state assets, but it also reduces economic role of the government. Developing and developed countries have experienced privatization in different ways for years. This article focuses upon the issue of privatization in Turkey. Turkey launched its comprehensive economic liberalization program named ‘structural adjustment reform' in 1980 by the stimulation of the World Bank and IMF. Later on, privatization has been an official state ideology with two institutions, the Privatization Higher Council and the Privatization Administration. Some of their implementations have been given. Privatization policies have multiple, often together with often inter-related and conflicting political, economic and financial objectives. They must be evaluated according to political, social and economical structures and conditions of the country concerned. Together with privatization, competition and its institutional framework with implementations have also been analyzed in the paper. The paper maintains that there seemed no direct and strong relationship between the privatization endeavours and institutional competition. Finally, the study points out that Turkey seems to be a bare-foot runner in its privatization venture unless there is a proper competitive market, together with a sound social security system and a profound capital market.
van der Heide, Agnes
Several countries have adopted laws that regulate physician assistance in dying. Such assistance may consist of providing a patient with a prescription of lethal medication that is self-administered by the patient, which is usually referred to as (physician) assistance in suicide, or of administering lethal medication to a patient, which is referred to as euthanasia. The main aim of regulating physician assistance in dying is to bring these practices into the open and to provide physicians with legal certainty. A key condition in all jurisdictions that have regulated either assistance in suicide or euthanasia is that physicians are only allowed to engage in these acts upon the explicit and voluntary request of the patient. All systems that allow physician assistance in dying have also in some way included the notion that physician assistance in dying is only accepted when it is the only means to address severe suffering from an incurable medical condition. Arguments against the legal regulation of physician assistance in dying include principled arguments, such as the wrongness of hastening death, and arguments that emphasize the negative consequences of allowing physician assistance in dying, such as a devaluation of the lives of older people, or people with chronic disease or disabilities. Opinion polls show that some form of accepting and regulating euthanasia and physician assistance in suicide is increasingly supported by the general population in most western countries. Studies in countries where physician assistance in dying is regulated suggest that practices have remained rather stable in most jurisdictions and that physicians adhere to the legal criteria in the vast majority of cases. © 2013 Elsevier B.V. All rights reserved.
Full Text Available In reality privatization has never occurred according to the handbook rules of ordinary market transactions. Not even in advanced market economies can privatization transactions be described by the Walrasian or Arrowian, or Leontiefian equilibrium models, or by the equilibrium models of the game theory. In these economies transactions of privatization take place in a fairly organic way – which means that those are driven by the dominance of private property rights and in a market economy. But despite this fact Western privatization also some peculiar features as compared to ordinary company takeovers, since the state as the seller may pursue non – economic goals. Changes in the dominant form of property change positions and status of many individuals and groups in the society. That’s why privatization can even less be explained by ordinary market mechanisms in transition countries where privatizing state-owned property have happened in a mass scale and where markets and private property rights weren't established at the time process of privatization began. In this paper I’ll discuss and analyze the phenomenon of privatization in context of different economic theories arguing that empirical results go in favor of the public choice theory (Buchanan, 1978, theory of "economic constitution" (Brennan and Buchanan 1985, (Buchanan and Tullock, 1989, and theory of "collective action" (Olson, 1982. These theories argues that transition from one economic system into another, for example transition from collectivistic, socialistic system into capitalism and free market economy with dominant private property, will not happen through isolated changes of only few economic institutions, no matter how deep that changes would be. In other words privatization can not give results if it's not followed by comprehensive change of economic system because privatized companied wouldn't be able to operate in old environment.
The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.
Sunstein, Cass Robert
Can computers, or artificial intelligence, reason by analogy? This essay urges that they cannot, because they are unable to engage in the crucial task of identifying the normative principle that links or separates cases. Current claims, about the ability of artificial intelligence to reason analogically, rest on an inadequate picture of what legal reasoning actually is. For the most part, artificial intelligence now operates as a kind of advanced version of LEXIS, offering research assistance...
Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene
Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.
Stewart, Cameron L; Aparicio, Lorena C; Kerridge, Ian H
• Cord blood banking raises ethical and legal issues which highlight the need for careful regulatory approaches to the emerging bioeconomy. • Consent processes for both private and public banking should be inclusive and representative of the different familial interests in the cord blood. • Property law is a potentially useful way of understanding the mechanisms for donation to both public and private banks. • Increasing tensions between public and private models of banking may require the adoption of hybrid forms of banking.
Full Text Available Investigated the features of the functioning and development of private farms in market conditions, reveals inconsistency of legal norms of these farms. Proved that the introduction of personal peasant economy will help improve the legal norms of these farms to improve financial and credit policy of the state of their development and promote the competitiveness of small and medium agricultural enterprises.
Studies to date show how low-fee private (LFP) schools, including unrecognised ones, have gained practical legitimacy and continue to increase in number. However, little explanation is offered regarding the legal legitimacy of such unrecognised LFP schools. This paper intends to fill this gap by examining the legal legitimacy of unrecognised…
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
Private Sector Participation in Financing Road Network in Nigeria: A Critical Review of the BOT Model. ... issues have to be addressed before a country like Nigeria with a glaring weak and corrupt legal system, shaky and weak financial system and political instability will begin to enjoy the advantages in the BOT framework.
But the PSOs can only perform their duty as ordinary citizens, not as police. This article presents the findings of interviews and a survey intended to gauge the extent to which senior actors in the private security industry and the police think security officers need additional legal powers, and what powers would be suitable for ...
This article explores the current issues on the public-private divide in the Ethiopian higher education landscape and their policy implications. It critically examines issues related to legal and regulatory frameworks in order to understand the public-private divide in the Ethiopian higher education context. The article is based on two premises.…
Anglin, R. L.
Stereosat, a free flying Sun synchronous satellite whose purpose is to obtain worldwide cloud-free stereoscopic images of the Earth's land masses, is proposed as a joint private sector/government venture. A number of potential organization models are identified. The legal, economic, and institutional issues which could impact the continuum of potential joint private sector/government institutional structures are examined.
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)
Full Text Available This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh, but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order – the ‘shadow of the law’ - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.
Cain, Jeff; Fink, Joseph L
Widespread use of social media applications like Facebook, YouTube, and Twitter has introduced new complexities to the legal and ethical environment of higher education. Social communications have traditionally been considered private; however, now that much of this information is published online to the public, more insight is available to students' attitudes, opinions, and character. Pharmacy educators and administrators may struggle with the myriad of ethical and legal issues pertaining to social media communications and relationships with and among students. This article seeks to clarify some of these issues with a review of the legal facets and pertinent court cases related to social media. In addition, 5 core ethical issues are identified and discussed. The article concludes with recommendations for pharmacy educators with regard to preparing for and addressing potential legal issues pertaining to social media.
Walsh, Simon J
A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.
Pope, Thaddeus Mason
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.
key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958......-1967) is still fairly limited. Historical literature on the history of the European executives has largely ignored the legal aspects of the European administration and the nature of the legal service. This paper, which is based on until now unused primary sources from the Commission archive as well as several...
Miranda Sarmento, J.J.
Public-private partnerships (PPPs) are increasing in number worldwide and are used to build and manage large public infrastructure projects. In PPPs, the private sector plays a role in developing and maintaining public infrastructure and services, which is usually a public sector responsibility.
As an engine of economic growth, private enterprise plays an impor- tant role in combatting poverty by creating jobs and livelihood opportunities. In helping develop- ing countries pursue private sector development strategies that benefit women, youth, and the poor, inno- vative research supported by IDRC is laying the ...
Authoritarian teaching practices in ballet inhibit the use of private speech. This paper highlights the critical importance of private speech in the cognitive development of young ballet students, within what is largely a non-verbal art form. It draws upon research by Russian psychologist Lev Vygotsky and contemporary socioculturalists, to…
The historical development of private universities in Japan is traced, with special attention to the Imperial Ordinance of University of 1918, and postwar developments. The present state of private universities is examined, considering especially their role in national education, finances and financial support, and public support of the…
van den Berg, V.A.C.
This paper investigates private supply of two congestible infrastructures that are serial, where the consumer has to use both in order to consume. Four market structures are analysed: a monopoly and 3 duopolies that differ in how firms interact. It is well known that private supply leads too high
... 7 Agriculture 7 2010-01-01 2010-01-01 false Private non-industrial forest land. 701.57 Section 701... RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART § 701.57 Private non-industrial forest land. (a..., assistance made available under this section with respect to private, non-industrial forest land in an...
Dunar, III, Charles J; Mitchell, Jared L; Robbins, III, Donald L
Since the end of the Cold War, the Private Military Industry has skyrocketed. This study gathers, compiles and examines demographic and financial information on 585 private and public companies that operate in the Private Military Industry...
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)
This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy
Taylor, Kelley R.
The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…
This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…
What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...
Guttmacher, Alan F.; And Others
A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…
Full Text Available All modern states today have organized and regulated system of security that includes different role of private security sector which is defined and limited by law. The law represents the basis and limits the activities of all social subjects including the private security sector. Today, legal regulation of private security industry has gone very far in modern democratic societies. So-called model of control through the contract with the business model is abandoned and approach to the model of control by the state is accepted. The new model has almost the same elements used by the state when it comes to controlling the public sector or the police. Analyses indicate that issues related to the control of the private security can be legally regulated in a manner that is typically European, but also have an entirely different approach and variety of combinations that regulate the functioning of private security sector respecting national characteristics. The paper represents the main principles of control of private security abroad with special emphasis on the possible role of international law.
Núñez Vaquero, Álvaro
This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...
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).
... private counsel to represent it in regard to business loans when the volume of activity in an area is not... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false When does SBA hire private counsel? 101.200 Section 101.200 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION ADMINISTRATION...
Đapović Lasta S.
Full Text Available Rape was identified as a criminal act in the earliest known legal writings, Hamurabi's legal code (cir. 2000 BC. In the Balkans, in the Middle Ages, rape was always punished in one way or another, in the statutes of the Adriatic maritime towns, which were under the rule of the Nemanjić state or the West. All categories of women, even prostitutes and slaves, were protected by law from sexual violence in many statutes. Also in Dušan's legal code the regulation is found, severely punishing rapists. Laws following the Second Serbian Uprising, also provide severe punishment for sexual violence, especially towards women but also male minors. Legal and court practice, following the Second World War, indicate that the protection of women from sexual violence is completely inadequate and this at a time when women had achieved equal rights with men in many spheres of life. World events at the end of the 20th century: collapse of the Soviet Union: as well as the happenings in this region,: war, ethnic and religious conflicts resulted in massive rape of women, opening of brothels, trading women and family violence. Non state organizations, mainly women in expert associations, invest great effort to rectify this very unsatisfactory situation. They exert pressure for change in the law and in court practice, by which women would have more effective defense against sexual violence, as well as organized assistance for women victims of traffic, and warning of the possible danger.
Doubt, Lorna; Paterson, Margo; O'Riordan, Anne
Education of rehabilitation professionals traditionally has occurred in acute care hospitals, rehabilitation centres, and other publicly funded institutions, but increasing numbers of rehabilitation professionals are now working in the community in private agencies and clinics. These privately owned clinics and community agencies represent underutilized resources for the clinical training of students. Historically, private practitioners have been less likely to participate in clinical education because of concerns over patient satisfaction and quality of care, workload, costs, and liability. Through a program funded by the Ministry of Health of Ontario, we conducted a series of interviews and focus groups with private practitioners, which identified that several incentives could potentially increase the numbers of clinical placements in private practices, including participation in the development of student learning objectives related to private practice, professional recognition, and improved relationships with the university departments. Placement in private practices can afford students skills in administration, business management, marketing and promotion, resource development, research, consulting, networking, and medical-legal assessments and processes. This paper presents a discussion of clinical education issues from the perspective of private practitioners, based on the findings of a clinical education project undertaken at Queen's University, Kingston, Ontario, and previous literature.
Issues relating to the privatization of Ontario Hydro were discussed in light of the Corporation's first ever indication of being in favour of privatization in its January 26, 1996 submission to the Macdonald Committee, which is studying electric sector reform options for the Ontario government. In the course of the Committee hearings a majority of the interested parties were in favour of some form of privatization, except the labour union, which was, and continues to be, opposed. While welcoming the apparent change in attitude, IPPSO believes that Ontario Hydro's new proposal would, in fact,lessen competition, rather than increase it. It was stated that what Ontario Hydro is asking is to be granted commercial rights, which some experts describe as absolute freedom without meaningful regulation or competition for an indefinite period of time. Details of Ontario Hydro's submission to the Committee, and the basis of the objection of the privatization supporters were explained
Syverson, Paul F; Reed, Michael G; Goldschlag, David M
.... These are both kept confidential from network elements as well as external observers. Private Web browsing is achieved by unmodified Web browsers using anonymous connections by means of HTTP proxies...
9. juulist Dunaujvarosi Kaasaegse Kunsti Instituudis eesti ja briti kunstnike ühisnäitus "Private Views. Ruum taasavastatud eesti ja briti kaasaegses kunstis". Kuraatorid Pam Skelton, Mare Tralla. Osalejad.
9. juulist Dunaujvarosi Kaasaegse Kunsti Instituudis eesti ja briti kunstnike ühisnäitus "Private Views. Ruum taasavastatud eesti ja briti kaasaegses kunstis" Kuraatorid Pam Skelton, Mare Tralla. Osalejad
Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first
Badke, Lara K.
A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.
Sergey Grigoryevich Vazhenin
Full Text Available Public-private partnership is a relatively new but very promising tool to modernize the Russian economy. The existing regulatory framework in Russia for the public-private partnership projects remains incomplete. Gaps and shortcomings in the law will always be, any law is not perfect and can be improved indefinitely. The Federal Law "On Concession Agreements" is no exception. However, many legal gaps which are characteristic for the existing regulatory and legal framework for public-private partnerships can be eliminated or narrowed due to more detailed project preparation. The industry-specific public-private partnerships' peculiarities especially need to be clarified as well as stages of preparation of concession agreements, the contents of contracts, the order of cash payments etc. We should agree with the position of those economists who believe that an important feature of public-private partnership in Russia could become the concept of "the state is following business," referring to the joint efforts to overcome the infrastructure constraints in the implementation of specific strategic projects. However, in the traditional sense, the public-private partnership demonstrates the opposite, i.e. it is characterized by the concept of "business follows the state", based on which the state is making some efforts to attract private capital into infrastructure development. A certain set of problems and risks of building public-private partnerships in Russia has already formed; they not only form some of its content specificity, but also inhibit its spreading across the country. The experts distinguish the following frequent problems and risks: - High level of corruption, which determines significant risk to comply with the partnership agreements; - Unfavorable and not perfect legal environment for the formation and development of public-private partnership; - Low level of confidence in the economy and society in general. Of particular importance to
Claudiu Ramon D. Butculescu
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.
Full Text Available The article features the advantages of living in a private house, such as feeling of privacy and safety and redistribution of roles between spouses, which have a positive impact on the family relationships, housekeeping and raising children. Besides, living in the country allows to cut down expenses: energy efficiency of present-day building materials enables to build a warm private house with minimum expenditure on warming, and with the possibility to freely regulate the heating system.
The French nuclear public group Areva (the fusion of CEA-Industrie, Framatome and Cogema companies) will actively prepare its privatization and stock exchange introduction before the end of the first half of 2005, in order to re-launch its acquisitions and associations policy. However, the advantages of this privatization with a preponderant public share-holding will depend on the intentions of the French government. Short paper. (J.S.)
In February 1988, the Government announced their intention of privatizing the electricity supply industry of England, Wales and Scotland. The Government's proposals were outlined in two White Papers. Cm 322 covered the proposals for England and Wales and Cm 327 the proposals for Scotland. This article deals with the events covering the stages of the privatization process from just before passing of the Electricity Bill in July 1989 to December 1990. (author)
Roč. 4, č. 1 (2008), s. 83-105 ISSN 1744-1048 Institutional research plan: CEZ:AV0Z70680506 Keywords : private international law * nationality * prohibition of discrimination Subject RIV: AG - Legal Sciences
Roč. 150, č. 8 (2011), s. 831 ISSN 0231-6625 Institutional research plan: CEZ:AV0Z70680506 Keywords : private international law * conference Milano, April 14-16, 2011 Subject RIV: AG - Legal Sciences
Morris, Janet R
Bet Tzedek, Hebrew for the "House of Justice," provides free legal assistance to older adults in Los Angeles County. Their civil attorneys work alongside prosecutors and service providers for the elderly as members of multidisciplinary teams to assist older adults with complicated elder abuse and neglect cases. Case examples demonstrate how civil attorneys collaborate with the Los Angeles County Elder Abuse Forensic Center to address financial abuse, real estate fraud, and self-neglect issues. Cooperation among the courts, Bet Tzedek, and other county agencies has resulted in more user-friendly processes to expedite filing of conservatorships and elder abuse restraining orders.
Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D
To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.
Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.
The decision to privatize comes from a policy determination that the Government no longer needs particular assets or no longer needs to be in control of all the means by which products or services are obtained or delivered. Most broadly defined, privatization substitutes, in whole or in part, private market mechanisms for the traditional Government role as employer, financier, owner, operator, and/or regulator of a product or service. This definition admits a wide variety of actions, from innovative contractual arrangements to outright divestiture of activities or assets. But all of these actions share common objectives: to remove the agency from those activities that are not inherently governmental functions or core business lines; to improve the management of remaining activities; to reduce the costs of doing business; and to shift greater performance and financial risk to the private sector. This report by the Privatization Working Group provides an indepth analysis of the major issues that surround privatization within the Department of Energy (DOE). The report divides privatization initiatives at the DOE into three major types: divestiture of functions, contracting out, and asset transfers. It includes the results of a survey of the entire DOE system that identifies more than 200 potential privatization opportunities. The report also includes 13 case studies that explore actual DOE privatization efforts over the past 2 years. Additionally, it summarizes the key legal authorities that govern each of the three types of privatization opportunities in the DOE. The report makes a series of recommendations and outlines accompanying actions that will help the DOE seize the opportunities presented by privatization and confront its challenges.
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.
Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.
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...
Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won
Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.
The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of
[email protected] . SUPPLEMENTARY INFORMATION: Section 1007(a)(2) of the Legal Services Corporation Act (``Act...: Authority: Secs. 1006(b)(1), 1007(a)(1) Legal Services Corporation Act of 1974, 42 U.S.C. 2996e(b)(1), 2996f... LEGAL SERVICES CORPORATION 45 CFR Part 1611 Income Level for Individuals Eligible for Assistance...
....gov . SUPPLEMENTARY INFORMATION: Section 1007(a)(2) of the Legal Services Corporation Act (Act), 42 U... continues to read as follows: Authority: Secs. 1006(b)(1), 1007(a)(1) Legal Services Corporation Act of 1974... LEGAL SERVICES CORPORATION 45 CFR Part 1611 Income Level for Individuals Eligible for Assistance...
Mendes, Cynthia de Almeida; Martins, Alexandre de Arruda; Teivelis, Marcelo Passos; Kuzniec, Sérgio; Wolosker, Nelson
To describe and analyze the results of a public-private partnership between the Ministry of Health and a private hospital in a project of assistance and scientific research in the field of endovascular surgery. The flows, costs and clinical outcomes of patients treated in a the public-private partnership between April 2012 and July 2013 were analyzed. All patients underwent surgery and stayed at least one day at the intensive care unit of the private hospital. They also participated in a research protocol to compare two intravenous contrast media used in endovascular surgery (iodinated contrast and carbon dioxide). A total of 62 endovascular procedures were performed in 57 patients from the public healthcare system. Hospital and endovascular supplies expenses were significantly higher as compared to the amount paid by the Unified Health System (SUS - Sistema Único de Saúde) in two out of three disease groups studied. Among outpatients, the average interval between appointment and surgery was 15 days and, in hospitalized patients 7 days. All procedures were successful with no conversion to open surgery. The new contrast medium studied - carbon dioxide - was effective and cheaper. The waiting time for patients between indication and accomplishment of surgery was significantly reduced. Public-private partnerships can speed up care of patients from public health services, and generate and improve scientific knowledge.
Mendes, Cynthia de Almeida; Martins, Alexandre de Arruda; Teivelis, Marcelo Passos; Kuzniec, Sérgio; Wolosker, Nelson
Objective To describe and analyze the results of a public-private partnership between the Ministry of Health and a private hospital in a project of assistance and scientific research in the field of endovascular surgery. Methods: The flows, costs and clinical outcomes of patients treated in a the public-private partnership between April 2012 and July 2013 were analyzed. All patients underwent surgery and stayed at least one day at the intensive care unit of the private hospital. They also participated in a research protocol to compare two intravenous contrast media used in endovascular surgery (iodinated contrast and carbon dioxide). Results A total of 62 endovascular procedures were performed in 57 patients from the public healthcare system. Hospital and endovascular supplies expenses were significantly higher as compared to the amount paid by the Unified Health System (SUS - Sistema Único de Saúde) in two out of three disease groups studied. Among outpatients, the average interval between appointment and surgery was 15 days and, in hospitalized patients 7 days. All procedures were successful with no conversion to open surgery. The new contrast medium studied - carbon dioxide – was effective and cheaper. Conclusion The waiting time for patients between indication and accomplishment of surgery was significantly reduced. Public-private partnerships can speed up care of patients from public health services, and generate and improve scientific knowledge. PMID:25295457
Representações e experiências das mulheres sobre a assistência ao parto vaginal e cesárea em maternidades pública e privada Women's representations and experiences with vaginal and cesarean delivery in public and private maternity hospitals
Andréa de Sousa Gama
Full Text Available Este estudo analisa as diferentes representações e experiências quanto ao parto vaginal e cesárea de mulheres de diferentes estratos sócio-econômicos, bem como a natureza das relações profissionais de saúde/usuárias no contexto institucional em que estão inseridas. A pesquisa de natureza qualitativa foi desenvolvida em três maternidades do Município do Rio de Janeiro, Brasil, sendo uma pública, uma conveniada com o SUS e uma particular, com mulheres que tiveram os dois tipos de parto. Os resultados revelam que o modelo de organização dos serviços público e privado apresentam variações que produzem diferentes tipos de assistência e de relação entre os profissionais de saúde e as usuárias, dando forma a experiências distintas entre as mulheres pesquisadas. Todavia, ao empreendermos uma crítica assentada nas relações de gênero, podemos verificar que o modelo de assistência ao parto permanece submetendo quem deve ser sujeito e reproduzindo o projeto da medicalização - mesmo que este processo se manifeste de formas diferenciadas entre os grupos estudados -, o que reduz o campo da assistência e inviabiliza um lugar de poder diferenciado das usuárias.This study analyzes the different representations and experiences of women from different social classes, including issues related to their relations with hospital staff in different institutional settings. This qualitative study focused on women who had experienced both types of delivery, in three maternity hospitals in Rio de Janeiro, Brazil (one public, one fully private, and another private under an outsourcing agreement with the public health system. The study showed that variations in public and private service models result in different types of delivery care and different relations with staff, and are reflected in different birthing experiences for the women. However, a critical gender perspective shows that in both cases, the service models reproduce the
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...
Faria, N.M. de
Some legal aspects about nuclear power plants siting in face of environment legislation and policy in the Brazilian law are discussed. The public participation in the process of site selection in face of actual constitutional precepts and the decision given by Supreme Court which determined to private competence of the Union, given by Constitutional rules and by the law number 6803 in 1980. (M.C.K.) [pt
of Justice adopted in the famous cases Van Gend en Loos (1963) and Costa V. ENEL (1964). These two cases, which introduced respectively direct effect and supremacy of European law inside the national legal order, would over time develop into the central pillars in what is now most often characterised...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958...... key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...
Frans van Dijk
The issue is addressed whether assistance to persons in need can be left to the `family' and the `community'. In that case people depend on their social networks. The support a person receives through a given network of social ties is examined. However, ties are diverse and subject to change. By means of a model of the dynamics of social ties, the conditions for adequate private support are analyzed. The sustainability of private support over time is examined by incorporating the impact on so...
Full Text Available The medical services market in Poland is financed mainly with funds from national health insurance, yet year by year, an increasing importance of private resources in financing health services can be noticed. Apart from common (national health insurance, medical care is primarily financed directly by the patient and possibly by his employer (occupational medicine, additional private medical care. The purpose of this paper is to present the basic legal and market aspects of private health insurance in Poland, including a presentation of the structure of private healthcare expenses in Poland.
Steinmetz, M; Dittrich, V; Röser, K
Due to the spread of intervertebral disc degeneration, insurance companies and experts are regularly confronted with related assessments of insured persons under their private accident insurance. These claims pose a particular challenge for experts, since, in addition to the clinical assessment of the facts, extensive knowledge of general accident insurance conditions, case law and current study findings is required. Each case can only be properly assessed through simultaneous consideration of both the medical and legal facts. These guidelines serve as the basis for experts and claims.managers with respect to the appropriate individual factual assessment of intervertebral disc degeneration in private accident insurance.
Juan Carlos Expósito Vélez
Full Text Available Given the renewed and growing importance of the initiative of the private sector in developing public infrastructure and public utilities, especially as a consequence of the incentives created by the law, this study intends to address the various aspects of the new legal framework for the formation of concession contracts as a result of a particular initiative or idea and not as a product of the needs defined by the Administration, with a particular emphasis on the requirements for the formation of public works concessions, but without forgetting how the mechanism of private initiative applies to public utilities when they require a concession contract to be provided.
Walker, Denise D
Eight states and the District of Columbia have legalized the recreational use of cannabis for adults and more are expected to follow suit. After alcohol, cannabis is the most commonly used drug by adolescents. Consumption of this drug during this developmental period poses unique risks. Therefore, attention must be paid both to how legalization affects adolescents and how tailored interventions can effectively address their needs for assistance. This commentary offers considerations for how legalization might be crafted so as to benefit adolescents. It additionally focuses on how services might be designed to reach and intervene with teens who are questioning their use or are experiencing a cannabis use disorder and desire assistance in quitting. Copyright © 2017. Published by Elsevier Inc.
Full Text Available Urpose : The purpose of this research was to determine the requirements for privatization of Iran Pro League (IPL football clubs. Methods: A questionnaire was developed and distributed among a sample of IPL coaches, executives (senior executives from the Ministry of Youth Affairs and Sports and the Privatization Organization, and faculty members (public and private universities. Descriptive statistics and Kruskal-Wallis test were used for data analysis. Besides, AHP was used in Expert Choice software to weight and rank the items. Results: The results showed that the most important factors were fighting corruption and rent-seeking during and after biddings (political, improving public perception of privatization of football clubs (sociocultural, increasing revenues from ticket sales (economic, transparency in laws regarding football club privatization (legal, and the changing structure and role of the government from exclusive ownership to oversight (structural. Conclusion: Given the results of this research, the most important requirements for privatization of IPL football clubs include offering television broadcast rights, advertisement rights, and ticket sale rights to the clubs, and these and other factors discussed earlier are likely to accelerate privatization of football clubs.
Full Text Available Given the importance of sport for international integration, affirmation, a sense of belonging and other values of general interest, in order to maintain and open new prospects of development, it is necessary to form the private security system along with state security system, with a view to creating conditions for development sports athletes to achieve better results both in domestic and international competitions. Private security is only one element of an integrated security system which, with its efficient organization with the use of adequate means and measures should provide answers to new challenges, risks and threats. Private security in line with the new understanding of the concept of security has an important role in providing athletes.
To date, the debate over private prisons has focused largely on the relative efficiency of private prisons as compared to their publicly run counterparts, and has assumed that, if private contractors can run the prisons for less money than the state without a drop in quality, then states should be willing to privatize. This comparative efficiency approach, however, has two significant problems. First, it is concerned exclusively with efficiency, despite the fact that the privatization of pris...
Stern, Ralph D., Ed.
Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…
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)
Mitochondrial transfer: Ethical, legal and social implications in assisted reproduction. ... Mitochondrial transfer has also been closely associated with reproductive cloning, which is regulated differently worldwide. Children born from these techniques might experience an identity crisis. Although three gametes are needed to ...
This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…
Marina Moya González
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.
Ray, Gayl M.; Wilson, Nick; Mangini, Rick
This document, which lists core business and legal office management competencies identified by representatives from education and business and industry throughout Ohio, is intended to assist individuals and organizations in developing college tech prep programs that will prepare students from secondary through post-secondary associate degree…
Nadelmann, Ethan A.
Argues that current drug control policies are failing and that new proposals are even more costly and repressive. Contends that legalization would eliminate many drug-related problems and allow the government to redirect its efforts toward assistance and positive inducements. (FMW)
Sampson, James P., Jr.; And Others
This document contains chapter 6 (5 articles) of a collection of 35 articles primarily from American Association for Counseling and Development (AACD) publications on the most important legal and ethical topics about which all school counselors need to be informed. "Ethical Issues Involved With the Use of Computer-Assisted Counseling, Testing, and…
Bancos de sangue de cordão umbilical e placentário para uso familiar, de caráter privado, no Brasil: subsídios técnicos, legais e éticos para uma análise de implementação Private umbilical cord blood banks for family use, in Brazil: technical, legal and ethical issues for an implementation analysis
Marilia R. Mendes-Takao
legislation, banks for allogeneic use (government services and exclusively autologous use (private services can be created in the country. The storage of UCB units for direct donation (family use can occur in public cord blood banks, hemotherapy services and transplant centers when there is a specific need to treat a known patient that is a member of the newborn's family. Even with the legislation being quite clear about the creation of cord blood banks and distribution of UCB units, ANVISA has identified an interest, demonstrated by the population and regulated sector, in the possibility of releasing UCB units, stored in autologous cord blood banks, with the purpose of clinical applicability to another family member other than the newborn owner of the cells. The objective of this study is to promote a discussion on a possible alteration in the legal parameters that support the implementation of autologous cord blood banks, towards the constitution of private banks for family use, pointing out the main issues. The study analyzed the technical and legal criteria related to cord blood banks, described the characteristics of HSC from different sources and types of transplant donations and procedures; discussed concerns related to Bioethical principles, current and potential clinical HSC applications, and possibly risks and benefits.
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
Rivera Izabal, L M
In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.
T du Plessis
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.
This paper is a critical review of east German privatization policy. It is argued that the restitution of old property rights has been a major obstacle to investment and that the attempt to sell two thirds of an economy in the market place is bound to be a failure. Such an attempt implies serious macro and microeconomic stock-flow problems which erode the sales prices of Treuhand assets, induce the Treuhand to slow down its sales, and reduce private investment. By combining a participation mo...
This paper reports that Petroleos del Peru is forging ahead on several fronts despite Peru's political turmoil and uncertainty over where government ordered-privatization will take it. The state oil company: is expected to sign contract soon related to development of Chambira oil field in the northern jungle; let contract to a group of Peruvian and Brazilian companies for construction of an oil terminal at Talara on the Pacific coast; and received expressions of interest in participating in an operating contract on an offshore block operated by its Petromar SA offshore subsidiary under the government's privatization program
This paper reports that Petroleos del Peru is forging ahead on several fronts despite Peru's political turmoil and uncertainty over where government ordered-privatization will take it. The state oil company: is expected to sign contract soon related to development of Chambira oil field in the northern jungle; let contract to a group of Peruvian and Brazilian companies for construction of an oil terminal at Talara on the Pacific coast; and received expressions of interest in participating in an operating contract on an offshore block operated by its Petromar SA offshore subsidiary under the government's privatization program.
Z. Gonul BALKIR
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
Cawley, J F; Ott, J E; DeAtley, C A
Physician assistants were intended to be assistants to primary care physicians. Physicians in private practice have only moderately responded to the availability of these professionals. Cutbacks in the numbers of foreign medical graduates entering American schools for graduate medical education, concern for overcrowding in some specialties, and the economic and clinical capabilities of physician assistants have lead to new uses for these persons. Physician assistants are employed in surgery and surgical subspecialties; in practice settings in institutions such as medical, pediatric, and surgical house staff; and in geriatric facilities, occupational medicine clinics, emergency rooms, and prison health systems. The projected surplus of physicians by 1990 may affect the use of physician assistants by private physicians in primary care.
Bhatt, Jashpal Kaur
This thesis examines the scope of the legal protection of pregnancy and maternity with respect to private sector workers in Peninsular or West Malaysia. The analysis focuses on how effectively the law deals with the adverse or unfavourable treatment of women workers in respect of pregnancy and maternity. The feminized workplace in Malaysia is assessed to determine the manner in which women’s ‘double burden’ in productive and reproductive labour results in the various legal issues fac...
Borges, Jose C.
The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs
... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...
... International Law (ACPIL); Online Dispute Resolution (ODR) Study Group Meeting The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online...: April 11, 2012. Michael Dennis, Attorney-Adviser, Office of Private International Law, Office of the...
... International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law... Intellectual Property (IP) The Department of State, Office of the Legal Adviser, Private International Law and... of State, Office of Private International Law, 2430 E Street, NW., Washington, DC. This is not a...
... International Law (ACPIL): Public Meeting on Jurisdiction and the Recognition and Enforcement of Judgments The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice... the Council on General Affairs and Policy of the Hague Conference on Private International Law...
Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni
A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.
There is a great deal of confusion about the meaning of the concept public-private partnership (PPP). Much is written on the subject but only rarely do authors give an adequate account of what they mean when they talk about PPP, nor do they acknowledge that there exist qualitatively different PPP...
Boon, Tove Enggrob; Meilby, Henrik
Private skovejere er spurgt om skovens indhold af naturværdier. Store ejendomme har flere forskellige naturværdier end mindre ejendomme. Ejere af store ejendomme mener at skovens naturværdier har større betydning end ejere af mindre ejendomme. Samarbejde og øget indtjening i relation til øgede na...
club (teens between 12-16 years) in Denmark will be presented. The teens are always situated end located when they use the cell phone. When they use it, temporary personal reserves are created, in which they do territorial demands. As the most obvious they forget themselves and ?go private?. It has...
The Court of Appeal has ruled that a person is deprived of their liberty in their own home even though care and treatment was provided in the person's own home and funded using the person's money. In this article Richard Griffith discusses when a private deprivation of liberty must be authorised by a welfare order from the Court of Protection.
Sørensen, Morten; Wang, Neng; Yang, Jinqiang
We investigate whether the performance of private equity (PE) investments is sufficient to compensate investors (LPs) for risk, long-term illiquidity, management, and incentive fees charged by the general partner (GP).We analyze the LPs’ portfolio-choice problem and find that management fees....... On average, LPs may just break even, net of management fees, carry, risk, and costs of illiquidity....
Yang Yuguang; Cao Weifeng; Wen Qiaoyan
We propose a two-party quantum private comparison protocol using single photons, in which two distrustful parties can compare whether their secrets are equal with the help of a third party (TP). Any information about the values of their respective secrets will not be leaked out even with a compromised TP. Security is also discussed.
Antony W. Dnes
Increasing private sector participation to improve the efficiency of infrastructure services is a growing trend around the world. Some elements of most infrastructure activities exhibit "natural monopoly" characteristics, meaning that one or more services or products can be produced most cheaply by a single firm. This raises the issues of organizing an infrastructure industry so as to gain...
the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous
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...
Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund
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....
The radiograph itself plays a major role in medical malpractice cases. Also, many questions arise concerning the rights to and storage of x-ray films. These issues are addressed in this chapter. To keep the terminology simple, the word radiograph represents all imaging documentation on hard copy film (x-rays, nuclear medicine, computer-assisted studies, ultrasound, and magnetic resonance imaging)
After the events of September 11, the United Nations Security Council adopted Resolution 1373 (2001) which has been called the 'Counter-Terrorism Code' of the world, because it creates legal obligations for all 192 Member States of the United Nations. UN Security Council Resolutions 1373 (2001), 1540 (2004) and 1735 (2006) as well as a defined set of 13 global treaties constitute the universal legal framework against terrorism which must be implemented in a manner consistent with international human rights obligations. Basically, these 13 treaties as well as Resolution 1373 are international criminal law instruments. Within this universal legal framework, the framework against nuclear terrorism is constituted by Resolution 1540, the Convention on the Physical Protection of Nuclear Material (CPPNM) which entered into force in 1987, and the International Convention for the Suppression of Terrorist Bombings which is in force since 2001. These three legal instruments will be supplemented by the International Convention for the Suppression of Acts of Nuclear Terrorism, an amendment to the CPPNM and two Protocols amending the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, once these instruments, all of which were adopted in 2005, enter into force. The Terrorism Prevention Branch (TPB) of the United Nations Office on Drugs and Crime (UNODC) assists countries which are in need of legislative assistance for the drafting of appropriate counter-terrorism laws that duly take into account the obligations contained in Resolution 1373, the United Nations sanctions against Al-Qaida and the Taliban as well as in the 13 universal conventions for the prevention and the suppression of terrorism, including the CPPNM and the new International Convention for the Suppression of Acts of Nuclear Terrorism. UNODC/TPB has also
data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...
Full Text Available The paper analyzes the legal regime of water management facilities in the light of Serbian, foreign and European law. Different divisions of water management facilities are carried out (to public and private ones, natural and artificial ones, etc., with determination of their legal relevance. Account is taken of the issue of protection from harmful effects of waters to such facilities, as well. The paper points also to rules on the water management facilities, from acts of planning, to individual administrative acts and measures for maintenance of required qualitative and quantitative condition of waters, depending on their purpose (general use or special, commercial use o waters. Albeit special rules on water management facilities exist, due to the natural interlocking between all the components of the environment (water, air and soil, a comprehensive approach is required. A reference is made to other basic principles of protection of water management facilities as well, such as the principle of prevention, principle of sustainable development and the principle "polluter pays". The last one represents the achievement of contemporary law, which deviates from the idea accepted in the second half of 20th century that supported the socialization of risk from harmful effects of waters.
Full Text Available Der Zusammenhang zwischen sexueller Differenz und deren juristischen Folgen wird in der Wiener Studie näher beleuchtet. Auch wenn die Zeiten der offenen Diskriminierung vorüber zu sein scheinen, die Ungleichheit vor dem Recht bleibt bestehen. Noch immer liegen die Verdienste von Frauen deutlich unter denen von Männern, immer noch wird – auch gesetzlich – der Bereich des Privaten als genuin weiblicher verstanden, die Öffentlichkeit dagegen ist männlich. Hier setzen die Fragen zur gerechten Machtverteilung an, die der Band behandelt. Die Interdependenz von gesellschaftlicher Veränderung und rechtlichem Wandel wird von Elisabeth Holzleithner anhand verschiedener Diskurse vorgeführt.The connection between sexual difference and its juridicial consequences is examined more closely in this Viennese study. Even when the times of open discrimination seem to have subsided, inequality in the legal sphere still remains. Women’s incomes are still distinctly below those of men. The private sphere is still understood—also legally—as being genuinely feminine, whereas the public sphere is considered masculine. The questions considered in the volume regarding the just distribution of power stem from these issues. The interdependence of societal change and legal transformation is presented by Elisabeth Holzleithner on the basis of various discourses.
Full Text Available In a world like today’s one, with communication, trade and the increasing cross-border travels, the issue of the conflict of laws appears in every aspect of the private law. It is important that every member of the legal community understands the conflict of laws. This is important especially for judges, because they are the ones who should solve cross-border disputes submitted to them, which affect the personal lives of individuals and their businesses. Judges are precisely those who, with their work, should increase the confidence of the parties and the public, both within the community of their country and in other countries. However, in a broader view, not only lawyers but all legal subjects must have general knowledge in this field in order to perform effective agreements. Thus, through this article we aim to shed light on the regulation of private legal relations that are characterized by a foreign element, presenting innovations brought by Law No. 10426 ‘On Private International Law’ which entered into force on 02.06.2011.
Martina Skalická Dušátková
Full Text Available A well-functioning private equity and venture capital market is affected by a range of institutional aspects. This study intends to answer the question on what is the current tax and legal environment for private equity and venture capital investments in Czech Republic as previous studies have emphasized that a rather poor scope of resources available. Qualitative data with content analysis proved to be the best way to assess the institutional framework. Data collection methods cover a comparative analysis of scientific literature documents and reports, as well as primary data from interviews with experts in the industry. The results of both secondary and primary data analysis were categorized and serious gaps in the institutional framework were identified and discussed. Our results indicate that the issue of legal and organisational structure suitable for private equity and venture capital funds may be resolved through a national equivalent to a Limited Partnership which has already been adopted into Czech law. However, a tax handicap was identified implying that it is necessary to amend the tax legislation so that the legal regulation extends the tax exemption. Another amendment should then be directed towards eliminating or mitigating the barriers imposed on pension. We believe that our findings provide valuable implications for the government, banks, stock exchanges and venture capital industry while formulating new strategies how to increase the level of investments in this specific environment of Czech Republic.
Mangin, P; Bonbled, F; Väli, M; Luna, A; Bajanowski, T; Hougen, H P; Ludes, B; Ferrara, D; Cusack, D; Keller, E; Vieira, N
Forensic experts play a major role in the legal process as they offer professional expert opinion and evidence within the criminal justice system adjudicating on the innocence or alleged guilt of an accused person. In this respect, medico-legal examination is an essential part of the investigation process, determining in a scientific way the cause(s) and manner of unexpected and/or unnatural death or bringing clinical evidence in case of physical, psychological, or sexual abuse in living people. From a legal perspective, these types of investigation must meet international standards, i.e., it should be independent, effective, and prompt. Ideally, the investigations should be conducted by board-certified experts in forensic medicine, endowed with a solid experience in this field, without any hierarchical relationship with the prosecuting authorities and having access to appropriate facilities in order to provide forensic reports of high quality. In this respect, there is a need for any private or public national or international authority including non-governmental organizations seeking experts qualified in forensic medicine to have at disposal a list of specialists working in accordance with high standards of professional performance within forensic pathology services that have been successfully submitted to an official accreditation/certification process using valid and acceptable criteria. To reach this goal, the National Association of Medical Examiners (NAME) has elaborated an accreditation/certification checklist which should be served as decision-making support to assist inspectors appointed to evaluate applicants. In the same spirit than NAME Accreditation Standards, European Council of Legal Medicine (ECLM) board decided to set up an ad hoc working group with the mission to elaborate an accreditation/certification procedure similar to the NAME's one but taking into account the realities of forensic medicine practices in Europe and restricted to post
Full Text Available This article explores the ways in which the concept of privacy is understood in the context of social media and with regard to users’ awareness of privacy policies and laws in the ‘Post-Snowden’ era. In the light of presumably increased public exposure to privacy debates, generated partly due to the European “Right to be Forgotten” ruling and the Snowden revelations on mass surveillance, this article explores users’ meaning-making of privacy as a matter of legal dimension in terms of its violations and threats online and users’ ways of negotiating their Internet use, in particular social networking sites. Drawing on the concept of legal consciousness, this article explores through focus group interviews the ways in which social media users negotiate privacy violations and what role their understanding of privacy laws (or lack thereof might play in their strategies of negotiation. The findings are threefold: first, privacy is understood almost universally as a matter of controlling one’s own data, including information disclosure even to friends, and is strongly connected to issues about personal autonomy; second, a form of resignation with respect to control over personal data appears to coexist with a recognized need to protect one’s private data, while respondents describe conscious attempts to circumvent systems of monitoring or violation of privacy, and third, despite widespread coverage of privacy legal issues in the press, respondents’ concerns about and engagement in “self-protecting” tactics derive largely from being personally affected by violations of law and privacy.
consolidating and buying other firms to become more diversified or increase their market share. One of the largest, Armor Holdings, owns subsidiaries in Russia...cuisine, dress, literature, music , and language is an example of the attack on national identity. At the same time, the liberalization of trade is...for Combat Patrols; Critics Question Legality ,” Los Angeles Times, November 27, 2015, accessed 15 December, 2015, 64 already controlling two
The US National Labor Relations Board (NLRB) has ruled that graduate students in private universities and colleges who work as teaching or research assistants are statutory employees of their institutions who have the right to join unions.
Raisler, K.M.; Gregory, A.M.
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
Ovidiu – Horia Maican
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.
Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України
In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...
Petersen, Birgitte; Jacobsen, Claus Haugaard
The aim of this poster is to delineate dilemmas, pros and cons in neophyte psychologists undertaking clinical training in a context of a private psychologist practice in order to obtain their authorization as a psychologist. Introduction: In Denmark the universities training of psychologist...... is mainly theoretical. Thus, the clinical training is to be obtained after graduation. In order to obtain authorization as a psychologist the candidates must receive 160 hours of clinical supervision during fulltime occupation in at least two years. Until recently, this postgraduate training was mainly...... hours of supervision a week. The employment can be either as an employee or the unauthorized psychologist can be a private psychologist herself. Some of the requirements are recommendations, others are rules to follow. This Trainee Assistant Candidate Arrangement has never been systematically subjected...
Hodge, Graeme; Greve, Carsten
Public-private partnership has been a globally popular strategy for governments over the past two decades to deliver public-infrastructure. But private finance approaches have also been controversial, and there has been much written on issues such as defining and characterising partnerships......, valuing risk, measuring value-for-money and on questions of performance. Crucial matters of governance including aspects such as accountability and decision making have also been discussed. Whilst some of the appeal of the PPP approach to infrastructure may have waned since the global financial crisis...... the role of PPP as governance tool, the influence of PPP on urban and regional planning matters, PPPs and pension funds, changing forms of PPP transparency, and the psychological appeal of PPPs to citizens, ministers and markets. And above this, a meta-frame of the internationalisation of the PPP...
Trying to drum up business for what would be the first private temporary storage facility for spent nuclear fuel rods, the Mescalero Apaches are inviting officials of 30 utilities to convene March 10 at the tribe's New Mexico reservation. The state public utilities commission will also attend the meeting, which grew from an agreement the tribe signed last month with Minneapolis-based Northern States Power Co
ABB Combustion Engineering (ABB CE) and seven other companies have submitted a plan to the DOE for deploying a multipurpose reactor at the Savannah River Plant. The facility would consume excess plutonium as fuel, irradiate tritium producing targets, and generate electricity. The plan proposes to establish a consortium that would privately finance and own two System 80+ nuclear units and a mixed oxide fuel fabrication facility
A virtual private network (VPN) is the essential security feature that allows remote monitoring systems to take advantage of the low communications cost of the internet. This paper introduces the VPN concept and summarizes the networking and security principles. The mechanics of security, for example, types of encryption and protocols for exchange of keys between partners, are explained. Important issues for partners in different countries include the interoperability and mutual accreditations of systems. (author)
Gennem kredit- og långivning bidrager private banker til at øge pengemængden og blæse finansbobler op. Hvorfra kommer bankernes særlige ret til pengeskabelse? Bl.a. fra de engelske guldsmede i 1600-tallet, der først lånte ud af deres guld, men snart fandt det mere lukrativt blot at udlåne...
This paper has been delivered within the context of the research project "Transnational Private Regulatory Regimes: Constitutional foundations and governance design". This paper considers the topic of private regulation and enforcement for internationally active financial services firms. The paper documents the following types of regulation and enforcement that involve significant private input: house rules, contracts, internal compliance, management-based regulation, private standard-sett...
Cooper, J.; Perali, F.; Veronesi, M.
This study has the objective to bring to the fore the importance of appropriate incentive schemes for the protection of biodiversity and ecosystems on private lands. The analysis describes the effectiveness of the regulations implemented in advanced countries. In particular, first the study presents some examples and discusses the implications of the actual legislation in developed countries for the protection of biodiversity and ecosystem services. Then, the study analyses the legal doctrine regarding compensation, and the available economic instruments for ecosystem services protection. Finally, the study presents the best economic tools capable to align private behavior with the social goals of protecting the services offered by the ecosystems and favoring the participation of private owners to projects for sustainable production and conservation. Special attention is paid to the institution of Community Foundations using as models those implemented in the United States. [it
Full Text Available The economic evolution of the last decades has entailed major changes concerning the Human Resource Management practices, in both private and budgetary sector of Romania. In order to maintain efficiency and market competitivity, a company must adapt to these changes by altering its human resource strategy since managers are encountering increasingly complex challenges as to attracting, motivating and retaining employees. Such an objective might be accomplished by elaborating a competitive system of employee compensation. This article focuses on the stage reached by the Human Resource Management in the compensation and benefits system of the private and budgetary sector. For the latter, we are focusing on the romanian system of higher education. This study demonstrates that the compensation and benefits system which is implemented in romanian universities is limited and can offer few opportunities as compared to the one implemented by private companies. It is worth saying that the legal system has a negative impact in this matter.
Gribnau, J.L.M.; Soeteman, A.
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,
What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.
This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...
... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...
... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...
Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)
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...
Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...
This paper critically engages with the European Regulatory Private Law thesis (ERPL). The main strength of ERPL is that it offers an entirely new perspective on European private law. However, as a complete theory of European private law, ERPL is too one-sided, both from a descriptive and from a
Bernstein, Shai; Lerner, Josh; Sørensen, Morten
The growth of the private equity industry has spurred concerns about its impact on the economy. This analysis looks across nations and industries to assess the impact of private equity on industry performance. We find that industries where private equity funds invest grow more quickly in terms...
Abat Ninet, Antoni
The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...
This brochure provides general information about relocation assistance provided by the Iowa Department of Transportation (DOT) for those individuals who may be required to move as a result of a highway project. It is not intended to be a legal docume...
Full Text Available There have been controversies over the legal attribute of the decision of dismissal, suspension, or discontinuation of employment of public and private school teachers. The Supreme Administrative Court passed a resolution in July, 2009. In this resolution, the legal relationship between public schools and their teachers was regarded as administrative contracts while the legal attribute of the decision of dismissal, suspension, or discontinuation of employment was categorized into administrative dispositions. Besides, the administrative disposition will not take effect until it obtains approval from the competent educational authorities, and teachers can seek administrative appeal as remedy first, which makes remedy procedure complicated. Therefore, this study first attempts to categorize the legal relationship between the public and private schools and their teachers. Then, the legal attribute of the decision of dismissal, suspension, or discontinuation of employment and the remedy procedure are discussed. It is concluded in this study that the legal relationships between public/private schools and their teachers fall into the categories of administrative/civic contract respectively. Any decision of dismissal, suspension, or discontinuation of employment should be based on this categorization, and the remedy procedure can thus be reduced. Besides teacher’s appeal and re-appeal system being in accordance with Teacher’s Act, the appeal of declaratory judgment on contractual relationship to either the Administrative Court or the Civic Court can also be filed. As a result, the remedy procedure can be simplified to an extent to follow the basic principles stated in the resolution.
Adriana Nicoleta ODINÃ
The essential aspects related to the freedom of expression and the right to private and family life – as human rights – are consecrated by the international regulations in the matter, but they are also consecrated as fundamental rights regulated at the level of the constitutions and regulations within the national legal systems of all democratic states. The freedom of expression and the right to private and family life are two of the fundamental human rights which grant significance to the so...
Frankel, Mark S
Along with concerns about the deleterious effects of politically driven government intervention on science are the intrusion of private sector interests into the conduct of research and the reporting of its results. Scientists are generally unprepared for the challenges posed by private interests seeking to advance their economic, political, or ideological agendas. They must educate and prepare themselves for assaults on scientific freedom, not because it is a legal right, but rather because social progress depends on it.
Full Text Available "Private political archives" are understood by me as all acts collected intently by a private person. These acts are connected with the person's participation in political life and gathered in order to be used in public activity as the source of argumentation and information about factors and mechanisms of political processes. Private political archives of the first half of the XVI century were mainly created by royal servants, often with reference to their job duties. These duties could inspire to collect political acts for private purposes. During the reign of Sigismund Augustus, archives of gentry activists were developed to small extent and they mainly focused on parliamentary life. Private political archives were created outside the executionist movement, namely in the community gathered around the royal court. After 1572, Crown and Lithuanian magnates greatly influenced the creation of political archives. Archives of lesser gentry, scarce and poor, did not disappear completely. However, they became difficult for identification. Therefore, developmental process concerned exclusively documentary "treasure troves" created by magnates. They had the financial means and possibilities to create truly valuable political archives. The same as in the previous period the dynamisms of executionist movement was reflected in political archival documentation, now the creation of patronage system and clientele, or traditionally understood magnate oligarchy, (depending on the point of view corresponded best to archives development. The heritage of previous generations was the treasure trove of patterns and solutions. However, this trove was used selectively, on one hand giving up patterns and rights that were uncomfortable, and, on the other, giving the value of precedence to unexpected acts that gained more importance or even new content in changed political conditions. The application of interpretation principle raised interest in old acts and patterns
Tamez, S; Bodek, C; Eibenschutz, C
During the late 70's and early 80's in Mexico, as in the rest of Latin-America, sanitary policies were directed to support the growth of the private sector of health care at the expense of the public sector. This work analyzes the evolution of the health insurance market as a part of the privatization process of health care. The analysis based on economic data, provides the political profile behind the privatization process as well as the changes in the relations between the State and the health sector. The central hypothesis is that the State promotes and supports the growth of the private market of medical care via a series of legal, fiscal and market procedures. It also discusses the State roll in the legal changes related to the national insurance activity. A comparative analysis is made about the evolution of the insurance industry in Argentina, Brazil, Chile and Mexico during the period 1986-1992, with a particular enfasis in the last country. One of the principal results is that the Premium/GNP and Premium/per capita, display a general growth in the 4 countries. This growth is faster for Mexico for each one) because the privatization process occurred only during the most recent years. For the 1984-1991 period in Mexico the direct premium as percentage of the GNP raised from 0.86% to 1.32%. If one focussed only in the insurance for health and accidents branches the rice goes form 8.84% in 1984 to 19.08% in 1991. This indicates that the insurance industry is one of the main targets of the privatization process of the health care system in Mexico. This is also shown by the State support to fast expansion of the big medical industrial complex of the country. Considering this situation in the continuity of the neoliberal model of Mexico, this will profound the inequity and inequality.
Assistência odontológica pública e suplementar no município de São Paulo na primeira década do século XXI Private and public dental care in the city of São Paulo in the first decade of the XXI century
Marco Antonio Manfredini
Full Text Available Na primeira década do século XXI registra-se a ocorrência de dois movimentos importantes no âmbito da assistência odontológica pública e privada no Brasil: a entrada da saúde bucal na agenda de prioridades políticas do governo federal e o vigoroso crescimento na oferta de serviços odontológicos suplementares. Analisou-se a ocorrência desses fenômenos no município de São Paulo, mediante a busca de dados nos documentos oficiais e nas bases eletrônicas da Prefeitura Municipal de São Paulo, do Ministério da Saúde e da Agência Nacional de Saúde Suplementar (ANS, além de consulta à literatura científica. No período estudado, de janeiro de 2000 a dezembro de 2009, com base em indicadores como a Cobertura de Primeira Consulta Odontológica Programática e a Cobertura Populacional Potencial, verificaram-se percentuais que caracterizam baixa assistência pública e uma situação de grande distanciamento do princípio constitucional do acesso universal aos cuidados odontológicos. O crescimento do número de beneficiários de serviços suplementares, por meio de planos exclusivamente odontológicos e de outros planos foi expressivo em igual período, correspondendo a uma importante ampliação da cobertura populacional nesta modalidade assistencial. Constata-se que, comparativamente ao quadro geral nacional, a situação do município de São Paulo revela precariedade no acesso à assistência odontológica pública, com reduzida oferta de serviços a adultos e idosos. Considerando, ainda, as limitações do mercado de serviços suplementares para prover assistência odontológica para todos os brasileiros, reforça-se a necessidade de continuidade e expansão do Brasil Sorridente, que é a expressão programática da Política Nacional de Saúde Bucal.Two concomitant movements occur in the first decade of the XXI century within the private and public dental services in Brazil: the entrance of oral health on the agenda of
The case of Ms B throws up some interesting issues regarding the role of the nurse in assisting patients in making and implementing their decisions. The High Court transcript makes it clear who the voices with influence in legal matters were, and why the decisions they took were made. Absent from the myriad voices is that of the profession of nursing. Are nurses silenced by professional boundaries, the legal framework or lack of confidence? The concept of nursing advocacy is once again thrown into relief and critical questions need asking about the limits of professional nursing practice.
Full Text Available Public/Private Partnerships can be seen as one particular topos where the divide between the public domain, all levels of the Public Administration and the private initiative and private property is turned into a joint venture rather than a confrontation or a cleavage. Some of the possible combinations of public and private and where public/private partnerships might fit are displayed analytically. The importance of political theory or ideology in conceiving the relationships between ‘public’ and ‘private’, and the conceptions of a market economy as opposed to a social market economy cannot be exaggerated enough, but equally important are the legal or regulatory framework and the underlying dominant legal culture and legal principles, and of course the economic and financial situation. Public/private partnerships thrive in some conditions, but seem to wane in others, and the current predicament is not favourable, taking into account that only the regulatory framework is supportive of these ventures. Los partenariados público-privados se pueden entender como un espacio particular, en el que el sector público, todos los niveles de la administración pública, y la iniciativa privada y la propiedad privada, abordan una empresa conjunta, en lugar mantener posturas contrapuestas. Se muestran algunas de las posibles combinaciones del sector público y privado, en las que tendrían cabida los partenariados público/privados. Es patente la importancia de la teoría o la ideología política para entender las relaciones entre lo público y lo privado, y las concepciones de una economía de mercado frente a una economía social, pero tampoco se puede negar la importancia del marco legal o reglamentario y la cultura jurídica dominante subyacente, y los principios jurídicos, sin olvidar la situación económica y financiera. Los partenariados público-privados prosperan en algunas condiciones, pero no lo hacen siempre, y la situación econ
Wetherall, Anthony; Robin, Isabelle
The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice
Feteris, E.; Kloosterhuis, H.
In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary
This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)
This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage
Elmer, D.B.; Rogers, K.; Vanston, J.H.; Elmer, D.B.; Gustavson, T.C.; Kreitler, C.W.; Letlow, K.; Lopreato, S.C.; Meriwether, M.; Ramsey, P.; Rogers, K.E.; Williamson, J.K.
The legal issues are discussed in two areas: legal scholarship and legal support. Scholorship is distinguished from support by concentration on abstract analyses of issue that include resource definition, ownership, taxation, and multistate reservoirs. Support is based entirely on those legal tasks called up by the technical work schedule in the areas of Resource Assessment, Advanced Research and Technology, Institutional and Environmental, and Resonance Utilization. The legal section will, in the future, make recommendations and implement procedures designed to assist in the rapid and orderly development of the resource. The PERT (Program Evaluation Review Techniques) chart for sequencing of legal scholarship and support tasks is included. An oral presentation on geothermal resources in Texas, a resource model for the resource utilization section, and some excerpts from legislation pertaining to geothermal energy are provided in an Appendix. (MCW)
Southern Education Foundation, 2011
Georgia is one of seven states that currently allow tax credits for scholarships to private schools. Georgia's law was enacted in May 2008 in order to assist low income students to transfer out of low performing public schools. Operations under the new act began in late 2008. The law permits taxpayers in Georgia to reduce their annual state taxes…
Hunt, R.D.; McGinnis, C.P.; Welch, T.D.
The Tank Focus Area is funded to develop, demonstrate, and deploy technologies that will assist in the treatment and closure of its nuclear waste tanks. Pretreatment technologies developed to support the privatization effort by the Department of Energy are reviewed. Advancements in evaporation, solid-liquid separation, sludge treatment, solids controls, sodium management, and radionuclide removal are considered.
The National Labor Relations Board last week gave a nod to the first graduate students' union at a private university. The board's ruling that graduate teaching and research assistants at New York University qualify as "employees" potentially puts them on equal footing with colleagues at publicly funded campuses in more than 20 states. University administrators deplored the ruling, which thrilled labor organizers.
... in political, the processes and other sectors like industries, banks, government establishments/institutions, law enforcement and judicial system, legislative assemblies, that is to say in both private and public sectors etc.1 This article will proffer aggressive legal solution as a panacea to this hydra-headed cankerworm.
The U.S. Department of Energy (DOE) has chosen to accomplish the Tank Waste Remediation System disposal mission via privatization. The disposal mission has been divided into two privatization phases. Phase I, a 'proof of concept' phase, will establish and demonstrate the technical, commercial, and procurement capabilities necessary far privatization to proceed. Once established, privatization will be expanded in the form of a second phase (Phase II) to dispose of the remainder of the tank waste. In conjunction with preparation of the Tank Waste Remediation System (TWRS) Privatization Request for Proposals (RFP)(RL, 1996), a location was selected for the Phase I demonstration facilities (Shord, 1996). The location selected was the area previously developed and characterized for the Grout Disposal Site, adjoining the 200 East Area. The site is of sufficient size for a Private Contractor (PC) to carry out pretreatment, immobilization, and vitrification operations and possesses the required characteristics (e.g., close to feed tanks) to best facilitate the Phase I operations. This overall long-range Master Site Plan (MSP) has been developed to establish a ''baseline'' for the (TWRS) Privatization Phase I (TPPI) PC Site. The MSP depicts the planned layout for the PC Site along with various interfaces between the site and other Hanford utilities and functions. The complete integration of TPPl MSP with overall Hanford Site planning process will assist in establishing the PC site and the necessary priorities to meet the Hanford cleanup mission. The MSP has been developed systematically into a comprehensive, safe, flexible, logical and cost-effective plan. The general philosophy behind the preparation of a MSP for the TPPl program is that it will serve as a single source documentation of the planning for the development of the TPPl complex. The effort will plan temporary and permanent land use, utilities, and traffic flow for the overall program. It will identify needs
Pulkkis, Göran; Grahn, Kaj; Mårtens, Mathias; Mattsson, Jonny
Mobile Virtual Private Networking (VPN) solutions based on the Internet Security Protocol (IPSec), Transport Layer Security/Secure Socket Layer (SSL/TLS), Secure Shell (SSH), 3G/GPRS cellular networks, Mobile IP, and the presently experimental Host Identity Protocol (HIP) are described, compared and evaluated. Mobile VPN solutions based on HIP are recommended for future networking because of superior processing efficiency and network capacity demand features. Mobile VPN implementation issues associated with the IP protocol versions IPv4 and IPv6 are also evaluated. Mobile VPN implementation experiences are presented and discussed.
Sahin, Sila; Prowse, Martin Philip; Weigh, Nadia
Agriculture is and will continue to be critical to the futures of many developing countries. This may or may not be because agriculture can contribute directly and/or indirectly to economic growth. But it will certainly be critical because poverty is still predominantly a rural phenomenon...... and this looks set to remain for the next two decades at least. The agriculture and growth evidence paper series has been developed to cover a range of issues that are of most relevance to DFID staff. The paper is not intended to be a comprehensive overview of all issues relating to agriculture and the private...
Hansen, Annette Skovsted
New and independent donors are adding their own twist to the experiences of receiving ODA and their examples are already inspiring the DAC, UN, and other multiple- and bilateral aid relationships. Rather than competition among development paradigms, I see negotiations of ideas of development and ...... and a co-existence of a multiplicity of approaches. I will argue that a trend of new and old actors inspiring each other will continue and the explicit focus on private sector development is just a first outcome....
Yi, Xun; Bertino, Elisa
This book deals with Private Information Retrieval (PIR), a technique allowing a user to retrieve an element from a server in possession of a database without revealing to the server which element is retrieved. PIR has been widely applied to protect the privacy of the user in querying a service provider on the Internet. For example, by PIR, one can query a location-based service provider about the nearest car park without revealing his location to the server.The first PIR approach was introduced by Chor, Goldreich, Kushilevitz and Sudan in 1995 in a multi-server setting, where the user retriev
Lehmann, Martin; Jeppesen, S.
Public-private partnerships in the environmental field have emerged as one option in the pursuit of sustainable development. So-called ‘Green Networks’, ‘Cleaner Production Centres’, ‘Waste Minimisation Clubs’ are among others highlighted as alternatives to governmental regulation. While being...... promoted as an option for governments in the South to make up for lack of sufficient environmental legislation and enforcement, the majority of these examples, however, stem from countries in the North. Uncritical transfer of such concepts to contexts in the South along with substantial, external donor...
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.
Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.
Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen
This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.
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...
Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.
An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working
Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.
Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.
One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.
The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing
..., or the partners' contributed capital of a Partnership Licensee, in either case subject to the... Capital for Licensees. 107.230 Section 107.230 Business Credit and Assistance SMALL BUSINESS... Permitted sources of Private Capital for Licensees. Private Capital means the contributed capital of a...
Riddle, Christopher A
This article explores at least two dominant critiques of assisted dying from a disability rights perspective. In spite of these critiques, I conclude that assisted dying ought to be permissible. I arrive at the conclusion that if we respect and value people with disabilities, we ought to permit assisted dying. I do so in the following manner. First, I examine recent changes in legislation that have occurred since the Royal Society of Canada Expert Panel on End-of-Life Decision-Making report, published in this journal. I suggest that these changes are likely to only strengthen opposition to assisted dying from disability rights activists and people with disabilities. Second, I focus on respect for people with disabilities and in particular, respect for their autonomy and decision-making abilities. Third, I explore the opposition to assisted dying that focuses on risk and the vulnerability of people with disabilities. Here I suggest that this risk ought not to be of special concern. Ultimately, I conclude that upholding respect for the disabled requires the legalization of assisted dying, rather than the denial of access in a misguided effort to protect people with disabilities. © 2017 John Wiley & Sons Ltd.
І. M. Alieksieieva
Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts
Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.
The article analyses the issues of implementation of public-private partnership in public health system of certain countries. On the example of long-term international project EUROPEAID the basic criteria and characteristics of such partnership are demonstrated The priority areas for public-private partnership are established (AIDS prevention, reproductive health, tuberculosis, etc.). The conditions determining the effectiveness of public-private partnership in the medical care system are established The organizational and legal approaches to enhance the implementation of are established in public health of Russia are proposed.
Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...
Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.
. The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...
Estudo comparativo das características clínicas e abordagem de pacientes com fibromialgia atendidos em serviço público de reumatologia e em consultório particular Comparative study of the clinical features and approach of the patients with fibromyalgia assisted at the rheumatology outpatient clinic and at physician private practice
José Eduardo Martinez
correlação entre a intensidade dos sintomas e renda familiar ou escolaridade não se mostrou diferente do ponto de vista estatístico. CONCLUSÃO: não houve relação entre a apresentação clínica da FM e nível socioeconômico determinado pela renda familiar nem a escolaridade formal. Observou-se associação entre o acesso ao serviço assistencial privado e menor idade de instalação da doença. Isso pode ter ocorrido por facilidade de assistência médica mais precoce nesse grupo.INTRODUCTION: Fibromyalgia is a painful chronic syndrome associated to tender areas on digital palpation. Its origin is unknown and probably related to a dysfunction on pain processing pathways. The most frequent accompanying symptoms are: fatigue, sleeping disorders, chronic migraine, irritable bowels syndrome and others disorders. There is an important emotional influence related to stress response. Education, social and economical status could influence clinical presentation. The main purpose of the present study are to determine if there are differences in clinical presentation, symptoms intensity and type of treatment among patients treated in public or private health systems and establish if there is a correlation among main symptoms intensity, family income and formal education status. PATIENTS AND METHODS: Eighty patients that fulfilled the American College of Rheumatology (ACR Classification Criteria for Fibromyalgia had been studied. They were divided in two groups according to treatment location: 40 patients have been assisted at the Rheumatology Outpatient Clinic of Sorocaba Hospital Complex (SHC and 40 patients at one of the authors' private practice. Clinical variables (pain, fatigue, anxiety, depression and quality of life were measured through a numerical analogic scales (0 - 10. Family income was evaluated according to the number of minimum wages earned monthly and education according to complete years of formal education. Comparison among groups was analyzed using Chi
João Maurício Adeodato
Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.
Seib, Charrlotte; Dunne, Michael P; Fischer, Jane; Najman, Jackob M
The nature of sex work changes over time for many reasons. In recent decades around the world, there has been movement toward legalization and control of sex economies. Studies of the possible impact of legalization mainly have focused on sexually transmitted infections and violence, with little attention to change in the diversity of sexual services provided. This study examined the practices of sex workers before and after legalization of prostitution. Cross-sectional surveys of comparable samples of female sex workers were conducted in 1991 (N = 200, aged 16-46 years) and 2003 (N = 247, aged 18-57 years) in Queensland, Australia, spanning a period of major change in regulation of the local industry. In 2003, male clients at brothels and private sole operators (N = 161; aged 19-72 years) were also interviewed. Over time, there was a clear increase in the provision of "exotic" sexual services, including bondage and discipline, submission, fantasy, use of sex toys, golden showers, fisting, and lesbian double acts, while "traditional" services mostly remained at similar levels (with substantial decrease in oral sex without a condom). Based on comparisons of self-reports of clients and workers, the demand for anal intercourse, anal play, and urination during sex apparently exceeded supply, especially in licensed brothels. Within this population, legalization of sex work coincided with a substantial increase in diversity of services, but it appears that in the regulated working environments, clients who prefer high risk practices might not dictate what is available to them.
Full Text Available Todays, due to high construction costs and lack of economic potential of owners of old textures, public and private partnership is one of the restoration methods of these textures. Public-private partnership in the investment and implementation of worn and old textures’ restoration with guidance, support and supervision of governmental and public pillars is considered as a master key in restoration of old textures. This study aims at examining the effect of public and private partnership on restoration of old textures as well as providing strategies for strengthening and expanding this type of partnership. This article, based on descriptive-analytical approach, initially analyzes the existing problems and empowers the sections related to the rehabilitation and modernization of the textures. Then, through public and private partnership dealing with features such as shortening project times, reducing the project's financial problems, having financial–technical power, adopting equal rights for partners, and using flexible planning. Further, according to the findings of this study, in the case of legal infrastructures for public-private partnership, compliance of urbanism criteria with major goals of urban textures’ modernization, adequacy of facilities and incentive packages, the cooperation of owners, an increase in the supervision of the relevant institutions on partnership and the use of local experts and investors, the success of this partnership and restoration may be stably guaranteed.
João Guilherme Sampaio dos Anjos
Full Text Available The social assistance has intrinsic historical, legal and political relationship to social rights. Fundamental rights have assumed a legal-constitutional role since the mid-twentieth century. Through historical and doctrinal review of fundamental rights and social welfare, the identification of legal frameworks and institutional instruments of social assistance that demonstrate their ability to contribute to the realization of social rights and the problem of realization of social rights, social assistance seems to be able to play a prominent role as a public policy that helps to point out a solution to the problem of lack of effectiveness of social rights.
Libassi, F.P.; Donaldson, L.F.
This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect
The responsibility for nuclear security rests entirely with each State. There is no single international instrument that addresses nuclear security in a comprehensive manner. The legal foundation for nuclear security comprises international instruments and recognized principles that are implemented by national authorities. Security systems at the national level will contribute to a strengthened and more universal system of nuclear security at the international level. The binding security treaties are; Convention on the Physical Protection of Nuclear Material, the 2005 amendment thereto, Safeguards Agreements between the Agency and states required in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Model Protocol additional to agreement(s) between State(s) and the Agency for the application of Safeguards Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management
As a basic survey to serve for establishment of science and technology policies, a survey was carried out on the actual status of R and D fund assistance in the U.S.A., roles of the government and civil sectors, and how they are interrelated. The survey was performed in detail on the following items: the assistance and cooperation measures taken by the U.S. government, and technological policies of the U.S. government; fund subsidies and policies toward technological research and development provided by the U.S. government; research and development plans and projects being the object of the subsidies given by the U.S. government; assistance and cooperation of private organizations for financing research and development activities in the U.S.A.; cooperation and joint works among industries, the government and universities (research consortiums) in the research and development activities; legal assistance policies for research and development in the U.S.A., the favorable tax system for research and development, the 1984 National Joint Research Act, and the actual status and analysis of the legal assistance policies in the U.S.A. for aiding research and development tests. (NEDO)
Prada, Elena; Maddow-Zimet, Isaac; Juarez, Fatima
Although Colombia partially liberalized its abortion law in 2006, many abortions continue to occur outside the law and result in complications. Assessing the costs to the health care system of safe, legal abortions and of treating complications of unsafe, illegal abortions has important policy implications. The Post-Abortion Care Costing Methodology was used to produce estimates of direct and indirect costs of postabortion care and direct costs of legal abortions in Colombia. Data on estimated costs were obtained through structured interviews with key informants at a randomly selected sample of facilities that provide abortion-related care, including 25 public and private secondary and tertiary facilities and five primary-level private facilities that provide specialized reproductive health services. The median direct cost of treating a woman with abortion complications ranged from $44 to $141 (in U.S. dollars), representing an annual direct cost to the health system of about $14 million per year. A legal abortion at a secondary or tertiary facility was costly (medians, $213 and $189, respectively), in part because of the use of dilation and curettage, as well as because of administrative barriers. At specialized facilities, where manual vacuum aspiration and medication abortion are used, the median cost of provision was much lower ($45). Provision of postabortion care and legal abortion services at higher-level facilities results in unnecessarily high health care costs. These costs can be reduced significantly by providing services in a timely fashion at primary-level facilities and by using safe, noninvasive and less costly abortion methods.
Full Text Available The paper analyses public subsidies aimed to enhance development and innovation in the Slovakian private sector. The paper reviews theoretical approaches of the necessity of public support to research and development activities in order to increase private investment in research and development. An overview of research and development support tools in Slovakia is presented. The analytical part of the work is oriented on a comparative analysis of two granting agencies in Slovakia [Agency for Research and Development (ARD and Agency of Operational Program Research and Development (OPRD]. Special attention is given to direct public financial support. Logit analysis showed a relationship between success of grant applicants and their characteristics. We find that the following have impact on success of the application: Age of the company, amount of the grant required, legal form of the company, and the agency to which the application for grant was submitted. Applicants with legal form Ltd. (limited liability company have a higher chance of receiving grant than other legal forms. The highest chance of success has a request for a grant of up to 500.000 €. According to the results of our analysis, the chance to obtain a grant decreases with each passing year.
Full Text Available Privatization has become a truly global process which varies significantly from one country to another. The real test for the privatization experts is to take into account not only the international best practice but also the local cultural and economic conditions. In the field of public utilities, France pioneered the system of privatization by contracting-out or gestion déléguée - delegated management.
Full Text Available Privatization has become a truly global process which varies significantly from one country to another. The real test for the privatization experts is to take into account not only the international best practice but also the local cultural and economic conditions. In the field of public utilities, France pioneered the system of privatization by contracting-out or gestion déléguée - delegated management.
governmental actions during emergency situations. At a minimum, the courts have shown a high degree of deference and provided immunity protection for discretionary governmental actions. For example, government organizations are often protected from legal redress for making basic policy decisions such as whether or not to implement an early warning system for emergency actions. Some national and state governments, however, have gone further to provide a legal shield of immunity through specific statutory enactments. Statutory protections generally extend to both the governmental organizations and the decision makers therein. In contrast, these protections are not always extended to third parties such as private businesses, which are often part of the chain of people and organizations that are critical for providing emergency notifications to the public. These businesses include the warning devices manufacturers, the communications systems installers, the software developers, and many other non-governmental parties essential to notifying the public. It can be argued that the legal risk in providing these private sector products or services serves to ensure their quality. But these businesses' real or perceived risk of liability could dissuade their participation in the notification system, or at least chill their innovation. Those involved in designing, developing, implementing, and operating emergency notification systems must consider how their unique situation will be impacted and potentially altered by the legal environment, or in some cases how they should affect change to that legal environment in order to have successful warning systems.
The purpose of this study was to examine a concept and content of a public-private partnership as a perspective tool for development of cooperation among the EEU countries. The standard and legal base and institutes of PPP development in the EEU countries are studied herein. Main problems of PPP development are determined on the basis of the…
Mortimer, Michael J.
Political and legal conflicts between the need for targeted private forest conservation and the continued assurance of private property rights in the U.S. presents a seemingly intractable resource management problem. Scandinavian use of habitat protection areas on private forests offers an additional tool that may be suitable for solving the historical and on-going tension found within U.S. efforts to reconcile desires to maintain lands in a forested condition while also respecting private property rights. This article presents a comparative cross-sectional policy analysis of Sweden, Finland, and the U.S., supported with a supplemental case example from the Commonwealth of Virginia. Similarities in all three countries among forest ownership patterns, use of public subsidies, and changing attitudes towards conservation are generally encouraging. Additionally, Virginia’s current consideration and development of state-wide forest policies focused on forestland and open space conservation suggests both a need and an opportunity to systematically assess the applicability of the Nordic forest reserve approach to local private forest conservation. Future research at a high-resolution, and specifically at the state level, should focus on the social and political factors that would ultimately determine the viability of a forest reserve program.
Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development
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
The purpose of this bibliography is to present a select set of documents that may be of interest to the Offeror, covering a variety of subject areas related to the TWRS Privatization Project. The organization of this bibliography is by subject area. Some of the documents overlap subject areas, and may be presented in more than one. Additionally, assignment of a document to one subject area does not necessarily preclude that document from containing information relevant to other subject areas not identified. The subject areas include, in order of presentation:. Waste Characterization; Pre-treatment; High-level Waste Immobilization; Low-level Waste Immobilization; Low-level Waste Melter Test Program; Performance Assessment; and General Safety.
Koch, Christian; Jensen, Jesper Ole
businesses and represent operable units for the clients and citizens. Cases are focused within education and healthcare. The analysis suggests that another type of economy apparently is in play. It is thus characteristic within education projects in UK that the largest portion of small PPPs are of a size......Public Private Partnerships (PPP) are frequently mobilized as a purchasing form suitable for large infrastructure projects. And it is commonly assumed that transaction costs linked to the establishment of PPP make them prohibitive in small sizes. In a Danish context this has been safeguarded...... by the authorities, which recommend sizes over 13,5 million € (100 million DKr). PPP is here understood as Design, Build, Finance and Operate projects. The paper shows, when looking at Germany, Italy and United Kingdom, that small PPP (below 13,5 million €) are widespread in two investigated countries; United...
The purpose of this bibliography is to present a select set of documents that may be of interest to the Offeror, covering a variety of subject areas related to the TWRS Privatization Project. This bibliography is not, nor is intended to be, exhaustive or complete. It was prepared with the intent of providing a sampling of representative documents potentially helpful to Offerors. The documents referenced herein have been identified as representative of those potentially helpful to Offerors. This list of documents does not represent the full extent of available and potentially helpful information, nor should it be taken as a representation of documents determined to be of greater importance than other documents not referenced herein. There are numerous documents available to the public that are NOT cited in this bibliography; the Offeror is encouraged to perform searches for alternate sources of information.
The purpose of this bibliography is to present a select set of documents that may be of interest to the Offeror, covering a variety of subject areas related to the TWRS Privatization Project. The organization of this bibliography is by subject area. Some of the documents overlap subject areas, and may be presented in more than one. Additionally, assignment of a document to one subject area does not necessarily preclude that document from containing information relevant to other subject areas not identified. The subject areas include, in order of presentation:. Waste Characterization; Pre-treatment; High-level Waste Immobilization; Low-level Waste Immobilization; Low-level Waste Melter Test Program; Performance Assessment; and General Safety
Helby Petersen, Ole
This PhD dissertation studies national similarities and differences in policy and regulation of public-private partnerships (PPPs), with an empirical focus on Denmark and Ireland. The starting point and motivation for the study is the observation that whereas PPPs are often depicted in the academic...... literature and in policy practice as a globally disseminated governance scheme, in reality, a closer examination of the PPP reform landscape reveals significant differences in national governments’ PPP policy and regulation and in the amount of actually implemented PPP projects. By comparing the initiatives...... taken by the Irish government, which has embraced PPPs, with those of the Danish government, which has been a PPP sceptic, this study inquires into the fundamental questions as to how, why and to what consequences some governments have developed widespread policy and regulation frameworks to support...
Janoska, J.; Benka, M.; Sobinkovic, B.; Haluza, I.
The state has been talking about privatization of 6 municipal heating plants since 2001. The tenders were to start last year. But nothing has happened and the future is uncertain. The city councils would prefer to receive, if not 100%, then at least a majority stake in the heating plants free of charge. But the Cabinet has decided to sell 51% to investors. The privatization agency - the National Property Fund (FNM) is preparing a proposal to increase the stake offered for sale to 67%. According to information provided by the FNM the sale will begin after Cabinet approval. The Fund intends to apply the same model to the sale of all the heating plants. Last year, a major German company Verbundnetz Gas declared its interest in purchasing large municipal heating plants in Slovakia. But it has been waiting for a response ever since. The French company - Dalkia, which has 10-years' experience of doing business in Slovakia, is interested in all the heating plants to be offered for sale. The Austrian company - Stefe is not new to the business either, it is interested mainly in the regions where it has already established itself - Central and Eastern Slovakia. Strategic investors expect financial groups to show interest too. The Penta Group has not hid its ambitions - it has already privatised a company which represents the key to the future development of heat management in Bratislava - Paroplynovy cyklus. Whereas Penta is not new to the heat production business another financial group - Slavia Capital is still surveying the sector. Should it not succeed, it plans several projects that would allow it to take a stake in the sector
Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of ... Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the ...
On the other hand if the UK requests the extradition of a US citizen, it would have to show evidence that the US citizen has committed the ... citizen, who in 2011 threatened to unleash foot-and-mouth disease on British livestock in a biological terror attack unless he was paid $4 million. 76. Roach also threatened to launch a ...
... Act of 2003 (TVPRA), and the Violence Against Women and Department of Justice Reauthorization Act of... representation on matters such as domestic and poverty law, employment, housing, and benefits, so long as such..., as amended, and the Violence Against Women and Department of Justice Reauthorization Act of 2005...
Rodica Diana APAN
Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.
Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.
Andrea Gutiérrez García
Full Text Available Gender-based violence has moved from being understood as a private matter to social problem. This manifestation of discrimination, inequality and power of men over women in the context of relationships is condemn in our country by the Law on Integral Protection Measures against Gender Violence 1/2004 of December 28.However, prostitution which has its foundations in the same patriarchal structure has no specific legislation that highlights this fact and condemns it. In our paper, taking as an example the Organic Law 1/2004, we developed a proposal justified on the actions that should be carried out at this respect. We mainly focus on three issues: equal education; discourage demand and protection and assistance to victims. We also bear in mind the need of social intolerance and legal condemnation in relation to the people who get benefits from the exploitation of others. La violencia de género ha pasado de ser considerada un asunto privado a entenderse como un problema social. Esta manifestación de discriminación, desigualdad y poder de los hombres sobre las mujeres en el marco de las relaciones de pareja es condenada en nuestro país por la Ley Orgánica de Medidas de Protección Integral contra la Violencia de Género 1/2004 de 28 de diciembre.Sin embargo, la prostitución, que hunde sus cimientos en la misma estructura patriarcal en la que se asienta la violencia de género, carece de una legislación específica que ponga de manifiesto esta relación y la condene. En este trabajo tomando como ejemplo la Ley Orgánica 1/2004 de medidas de protección integral contra la violencia de género, elaboramos una propuesta justificada sobre las actuaciones que deberían abordarse al hacer frente a esta problemática. Nos centramos principalmente en tres cuestiones que consideramos básicas: educación en igualdad; desincentivación de la demanda; protección y ayuda a las víctimas. Además, resulta imprescindible la construcción de entorno
This report describes one group of nonprofit organizations that provide free civil legal assistance to qualifying low-income people. Between 1997-2001, legal services programs made significant strides in using technology to improve services. In the mid-1990s, they began using new technologies on an increasingly regular basis. However, few had…
Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.
Legal uncertainty exists with regards to the relationship between a violation of public law conduct of business rules and private law norm setting. In the area of financial services this uncertainty has led to the question whether private law duties of care can deviate from the norms pursuant to
Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches
In this Advanced Introduction, the reader is taken on an intellectual journey through the different facets and dimensions of private law, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law,
Boudreau, Kevin J.; Jeppesen, Lars Bo; Reichstein, Toke
Today's crowdfunding raises funds for tiny, private entrepreneurial ventures without granting funders private claims to a project's future value. Rather than “investments,” these are “contributions.” This paper argues that for such crowdfunding neither producer nor consumer surplus – i.e., project...
n. Privatization Alone Is Not Enough. The sale of Egyptian state interests in cement was only the beginning in a long process to establish an efficient and competitive industry. The privatization of state-owned companies attracted new players to Egypt's cement industry and generated export growth. But at the time, the market ...
Grassiani, Erella; Diphoorn, T.G.
This introduction emphasizes the value of an anthropological lens within the research on private security. Although much scholarly work has been conducted on private security throughout the past decades, anthropological attention for this subject was somewhat delayed. Yet, the works that have
Both active euthanasia and assisted suicide are legal in The Netherlands, Belgium, Luxemburg and, most recently, in Canada. Examination of national legislations of countries where both active euthanasia and assisted suicide are legal. The number of accomplished active euthanasia cases and that of assisted suicide cases. Analysis of national statistical data. Comparison of statistical data before and after 2010. Comparison of the related practices in the surveyed countries. The number of active euthanasia cases markedly predominates over the number of assisted suicide cases. Cancer is a main reason for active euthanasia, or assisted suicide. In countries with a larger population, the number of active euthanasia cases is higher than that in countries with a smaller population. Regarding the fact that the applicants for active euthanasia withdraw their requests in a smaller number than the applicants for assisted suicide, patients prefer the choice of active euthanasia. Since the related legislative product is too recent in Canada at present, it may be only presumed that a certain preference will also develop in the related practices in Canada. Orv. Hetil., 2016, 157(40), 1595-1600.
The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)
Patrícia Verônica Nunes Carvalho Sobral
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.
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...
textabstract“The language – and therefore also to some large degree the practice – of morality today is in great disorder,”1 Alasdair MacIntyre writes, and as long as our moral world is diverse and pluralistic, the confusion will not be easily overcome. Indeed, the legal world is daily confronted
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 ...
Cronin, Joseph M.; Kenyon, Regan
In examining the state's role in private education, this article discusses court cases bearing on state services to private schools, state regulation of different types of private schools, collaborative efforts between public and private schools, and emerging state attitudes toward private education. (Author/WD)
Sørensen, Michael Tophøj; Aunsborg, Christian
The paper focuses formal as well as informal public-private partnerships (PPP) in Danish urban regeneration areas. The concept ‘urban regeneration areas’ was introduced in the 2003 Planning Act as old, remaining industrial areas within the city boundaries by now were recognized as an ressource....../neighbour interests, e.g. exceeding what is directly permitted by written law) or supporting (encourage developers to re-develop an area, e.g. by subsidies). The purpose of the paper is to describe the range of possible partnerships between public and private partners, and to investigate their legal background...... into housing while neighbouring noisy industries go on. Beyond this, from a municipal point of view there are several public interests to manage when old, remaining industrial areas face re-development. The motive of the municipal council can either be regulative (safeguarding certain financial or other public...
Schildmann, Jan; Herrmann, Eva; Burchardi, Nicole; Schwantes, Ulrich; Vollmann, Jochen
Suicide and assisted suicide are not criminal acts in Germany. However, attempting suicide may create a legal duty for physicians to try to save a patient's life. This study presents data on medical students' legal knowledge and ethical views regarding physician assisted suicide (PAS). The majority of 85 respondents held PAS to be illegal. More…
Saša Zupan Korže
Full Text Available Tourism consists of activities related to travel, hospitality and entertainment that are partly determined by state regulations. The purpose of this paper is to a explore the existing legal framework for tourism; b to present a critical view of private tourism sector on the state's regulation. The research was carried out in 2017. Data were obtained a from relevant secondary sources (laws, bylaws, EU directives, websites, articles, books and b from in-depth semi-structured interviews. We utilize an approach of a mixed-method research design. First, we conducted a review on existing regulations for running tourism business in Slovenia. We supported our findings with empirical data, obtained by interviewing eight representatives of private tourism entities and two state representatives, responsible for tourism. In the results, we presented the legislation framework for running tourism business and highlight some challenges on practical application of legal framework in tourism sector. This research adds a new dimension to tourism research. It contributes to better knowledge and understanding of the influence of Slovenian legislation on running tourism business.
Raimundo Nonato Delgado-Rodrigues
Full Text Available Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.
Delgado-Rodrigues, Raimundo Nonato; Allen, Alexander N; Santos, Leandro Galuzzi dos; Schenck, Carlos H
Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.
Full Text Available SUMMARYThis paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.
Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær
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....
Daniela Angelina JELINČIĆ
Full Text Available Over the past few decades public-private partnership or PPP has become a new way for delivering and fi nancing public sector projects. It may involve investment in fully economic infrastructure such as highways, railways, airports, seaports, etc. up to the investments in social infrastructure projects, such as schools, hospitals, museums and other signifi cant and historic buildings of public interest. The main objective of this article is to analyze the situation in Croatia, Poland, Slovakia and Slovenia concerning the topic of public- private partnership (PPP in order to provide grounds for possible future investments in cultural heritage in these countries. For this purpose, a comparative analysis of legal and institutional frameworks was carried out as well as structured interviews with key stakeholders (public and private sector representatives. Special attention has been paid to the use of PPP projects in the revitalization of cultural heritage. The results of the analysis showed the lack of PPP investments in the cultural sector, and also identifi ed possible obstacles in public sector administrative procedures. The results of the analysis may be further used to stimulate both public authorities to set strategic directions for heritage revitalization plans based on PPP schemes as well as private investors who may seek feasible business models complemented with social responsibility benefits.
Swamidass, S Joshua; Matlock, Matthew; Rozenblit, Leon
Many scientific questions are best approached by sharing data--collected by different groups or across large collaborative networks--into a combined analysis. Unfortunately, some of the most interesting and powerful datasets--like health records, genetic data, and drug discovery data--cannot be freely shared because they contain sensitive information. In many situations, knowing if private datasets overlap determines if it is worthwhile to navigate the institutional, ethical, and legal barriers that govern access to sensitive, private data. We report the first method of publicly measuring the overlap between private datasets that is secure under a malicious model without relying on private protocols or message passing. This method uses a publicly shareable summary of a dataset's contents, its cryptoset, to estimate its overlap with other datasets. Cryptosets approach "information-theoretic" security, the strongest type of security possible in cryptography, which is not even crackable with infinite computing power. We empirically and theoretically assess both the accuracy of these estimates and the security of the approach, demonstrating that cryptosets are informative, with a stable accuracy, and secure.
Full Text Available Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a a single market and production base, (b a highly competitive economic region, (c a region of equitable economic development, and (d a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher education in law. The author researched that Indonesian higher education system still faces issues, especially in legal education. Compared to other states that manages higher education in a relatively guided term, Indonesian legal education is still regulated generally by the government, operated by state and private educational entity, and further trained by profession organization. Indonesian legal education standard has not been supported by proper accreditation bureaucracy from BAN-PT or fair treatment from the government between state and private university. As a result, the quality of Indonesian law graduate still varies. Indonesian legal education is special in nature since it is considered profession and regulated by code of ethic. According to the author, legal education should be integrated with profession organization so that upon graduation, law graduates can directly conduct internship according to their desired profession and compete against ASEAN law graduates.
Lamden, K H; Sudell, A J
Purchasers of health care receive no routine information on the use of the private health sector by their residents, and are consequently unaware of any resulting differentials in access to health services. This information would assist in assessing need for services on a locality basis. For the period 1990-1992 surgical activity data from the single private hospital in Preston were examined by electoral ward of residence and compared with corresponding NHS data. For the procedures examined, the private sector contributed only 8 per cent to overall surgical activity within Preston. People from the more affluent wards were far more likely to use the private sector than those from deprived wards. The private sector did not introduce any inequity of access to surgery within Preston at electoral ward level. However, in districts with higher levels of private sector activity significant differentials in access may exist.
Sloat, Robert S.
Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)
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
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery
Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.
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,
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.
National School Boards Association, Alexandria, VA. Council of School Attorneys.
In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…
Clearwater, S.W.; Scanlon, J.M.
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
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…
Macdonald, R. St. J.
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)
Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"
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)
Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.
issues; assistance with entrepreneurship ; internships, apprenticeships, and training; financial assistance; and access to information and tools. We...assistance with legal issues • assistance with entrepreneurship • internships, apprenticeship, and training • financial assistance • access to...after secondary, graduate , or professional school; employment plans; or job search competencies.8 6 For more information on COOL, see Credentialing
Petroleos del Peru predicts a 10% increase in Peru's oil production this year and a further increase in 1994. Petroperu also forecasts a sharp increase in drilling in Peru this year. After several years of declining oil production, a gradual turnaround in the cash strapped country's petroleum industry is largely tied to its progress in privatization. The government last year began a campaign to privatize all state owned companies by the end of July 1995. The paper discusses forecasts by Petroperu; the contract of Occidental del Amazonas Inc.; the Petromar privatization; Great Western's contract; development of the Aguaytia gas field; and refinery contracts
Lisett D. Páez Cuba
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.
T du Plessis
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.
Does enrollment in private school increase educational attainment? After reviewing some research on national trends concerning private (versus public) schooling, the author examines how private school options in the Chicago metropolitan area might affect academic achievement for various demographic groups.
Full Text Available Improving sustainability performance in developing infrastructure projects is an important strategy for pursuing the mission of sustainable development. In recent years, the business model of public-private-partnership (PPP is promoted as an effective approach in developing infrastructure projects. It is considered that the distribution of the contribution on project investment between private and public sectors is one of the key variables affecting sustainability performance of PPP-type projects. This paper examines the impacts of the contribution distribution between public and private sectors on project sustainability performance. A model named the sustainability performance-based evaluation model (SPbEM is developed for assisting the assessment of the level of sustainability performance of PPP projects. The study examines the possibility of achieving better sustainability through proper arrangement of the investment distribution between the two primary sectors in developing PPP-type infrastructure projects.
Martin, George A.; Tipton, David A.; Long, Irene D.
In an effort to maintain employee health and welfare, ensure customer satisfaction, and to deliver high quality emergency medical care when necessary to employees located overseas, NASA has instituted a new contract with International SOS Assistance INC. International SOS Assistance INC. will provide civil servants and contractors engaged in official NASA business with many services upon request during a medical or personal emergency. Through the years, International SOS Assistance INC. has developed the expertise necessary to provide medical service in all remote areas of the world. One phone call connects you to the SOS network of multilingual staff trained to help resolve travel, medical, legal, and security problems. The SOS network of critical care and aeromedical specialists operates 24 hours a day, 365 days a year from SOS Alarm Centers around the world. This exhibit illustrates the details of the NASA-International SOS Assistance INC. agreement.
Full Text Available Starting from the importance of defining the registered office with the commercial law, this study aims at analyzing the legal connotations of the business office in the fiscal law. The separations of the notions originate in the European regulations included in Law no 31/1990 regarding the commercial companies. Law no 105/1992 regarding the international private law, the Fiscal Code, and the International Conventions regarding the avoidance of double taxation. Depending on the fiscal legal status of the subject as either resident or non-resident, this study aims at finding what are the differences and the relations between the institutions called: registered office – business office.
Petersen, Lars Axel
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...
Full Text Available In Bangladesh, Formal legal education is provided by either a department of a university or an affiliated college. There are four public universities and above twenty six private universities in our country with law as a regular subject of teaching. Besides, the National University imparts teaching of law through law colleges in the country. All public and private universities providing law graduate degree by conventional system but many people deprived from this opportunities. Thus to increase equitable access to education and to develop the human resources of the country the Bangladesh Open University playing significant role. Large numbers of students of rural areas, particularly women, out of school and adults who must do work to support their families are include with the university. Bangladesh Open University is the only institution in Bangladesh which imparts education in open and distance mode and offers 23 formal programmes, the demand for the introduction of LL.B programme for the benefit of those who have been, for various reasons, deprived of the opportunity of undertaking graduate course in law in conventional mode of education. The decision to offer the programme in distance mode is being taken in response to the earnest desire of the relevant quarters expressed in various dailies and formal applications submitted to the university authority as the learners in the open and distance mode learn at his own place and any time whenever he feels convenient to learn and is not for restricted by time, space or age. Distance learning is, indeed, presently considered as a viable alternative of the conventional system of education to fulfill the growing demand for legal education.This paper presents the new academic trends in Bangladesh Open University by distance learning Bachelor of Laws (LL.B. degree and modern aspects of the legal education at School of Law in Bangladesh Open University.
... Page Resize Text Printer Friendly Online Chat Assistive Technology Assistive technology (AT) is any service or tool that helps ... be difficult or impossible. For older adults, such technology may be a walker to improve mobility or ...