Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7
presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, le. ~~rt n the
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
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 (WIP...... trademarks are used as (parts of) domain names to express criticism of the trademark holder or the trademark itself (e.g. “TMsucks.com” / “lorteTM.dk”)....
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.
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 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.
... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... Act of 1964 and pertinent Navy instructions. (b) Nature of assistance. Legal assistance officers and... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are...
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.
... LEGAL SERVICES CORPORATION 45 CFR Part 1626 Restrictions on Legal Assistance to Aliens AGENCY... assistance to aliens. The revisions are intended to implement three statutory changes on aliens eligible for... provided to aliens, were enacted in 1996 and have been reincorporated annually with amendments. Section 504...
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 the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Poli...
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.
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
...] National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers, Availability of... Financial Assistance/Subsidy Arrangement (Arrangement), (90 as of June 1, 2010) private sector property... Financial Assistance/ Subsidy Arrangement (Arrangement) to notify private insurance companies (Companies...
...] National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers, Availability of... Financial Assistance/Subsidy Arrangement (Arrangement), 87 (as of July 1, 2011) private sector property... Financial Assistance/ Subsidy Arrangement (Arrangement) to notify private insurance companies (Companies...
...] National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers, Availability of FY... Assistance/Subsidy Arrangement (Arrangement), 85 (as of June 2013) private sector property insurers sell... Financial Assistance/ Subsidy Arrangement (Arrangement) to notify private insurance companies (Companies...
...] National Flood Insurance Program (NFIP); Assistance to Private Sector Property Insurers, Availability of FY... Assistance/Subsidy Arrangement (Arrangement), 82 (as of April, 2012) private sector property insurers sell... Financial Assistance/ Subsidy Arrangement (Arrangement) to notify private insurance companies (Companies...
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
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…
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
Public administration represents that special state activity that is neither law nor justice. Through public administration state achieve its goals, respecting legal regulations. Utility is a general interest activity, made by public administration, whose mission is to satisfy the general interest. Taking about constitutional basement we can declare that our constitutional text work in modern constitutional markscale. The constitutional text contains expressly or implicitly regulations about ...
Personalized medicine is booming. It tends to provide a medical management "tailored" for groups of patients, or for one unique patient, but also to identify risk groups to develop public health strategies. In this context, some radicalization phenomenon can emerge, leading to not only personalized medicine but also privatized medicine, which can lead to a capture of the medical public resource. If the "privatization" of medicine is not limited to producing adverse effects, several potentially destabilizing phenomena for patients still remain. First, some objective factors, like the adjustment of scientific prerequisites, are emerging from personalized medicine practices (clinical trial, public health policy) and are interfering with the medical doctor/patient relationship. Another risk emerges for patients concomitantly to their demand for controlling their own health, in terms of patients' security although these risks are not clearly identified and not effectively communicated. These practices, related to a privatized medicine, develop within the healthcare system but also outside, and the government and legislators will have to take into account these new dimensions in drafting their future regulations and policies. © 2014 médecine/sciences – Inserm.
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 life, and what this means for claims to residence rights as a precursor to citizenship. It does this by reviewing case law of the European Court of Justice (CJEU) and of the European Court of Human Ri...
Walker, R M
In Oregon, physicians can prescribe lethal amounts of medication only if requested by competent, terminally ill patients. However, the possibility of extending the practice to patients who lack decisional capacity exists. This paper examines why the legal extension of physician-assisted suicide (PAS) to incapacitated patients is possible, and perhaps likely. The author reviews several pivotal court cases that have served to define the distinctions and legalities among "right-to-die" cases and the various forms of euthanasia and PAS. Significant public support exists for legalizing PAS and voluntary euthanasia in the United States. The only defenses against sliding from PAS to voluntary euthanasia are adhering to traditional physician morality that stands against it and keeping the issue of voluntary euthanasia legally framed as homicide. However, if voluntary euthanasia evolves euphemistically as a medical choice issue, then the possibility of its legalization exists. If courts allow PAS to be framed as a basic personal right akin to the right to refuse treatment, and if they rely on right-to-die case precedents, then they will likely extend PAS to voluntary euthanasia and nonvoluntary euthanasia. This would be done by extending the right to PAS to incapacitated patients, who may or may not have expressed a choice for PAS prior to incapacity.
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
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.
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.
Russia remains one of the countries with a most favourable approach towards human reproduction in Europe, allowing almost everybody wanting to have a child of their own through assisted reproduction treatment to fulfill their dream. The legal situation around assisted reproduction treatment in Russia is very favourable; surrogacy, gamete and embryo donation are permitted, even on a commercial level. Gestational surrogacy is an option for heterosexual couples and single women, although a court decision might be needed to register a 'surrogate' child born to a couple who are not officially married or a single woman. However, it is not explicitly allowed nor prohibited for single men. Copyright 2010 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.
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.
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.
Edward S. Cohen
Full Text Available Private corporate actors have played a central role in the construction of the legal rules of globalized capitalism over the past four decades. In no sector has this been more true than in global finance, where private agents have reshaped the norms and practices of credit creation and allocation. The global financial crisis, however, has led many states to challenge aspects of this power and raised broader questions about the legitimacy and future of private power in the global legal order(s. In this paper, I argue that –while state actors have clawed back significant power in global finance– the specific powers of credit creation and allocation combined with the structural pull of transnational legal pluralism will enable major private financial institutions to retain substantial power in the face of these challenges and questions. In the process, I present some broad suggestion about how we can think about private power in the making of global commercial law. Durante las últimas cuatro décadas, actores corporativos privados han desempeñado un papel decisivo en la construcción de las normas legales del capitalismo globalizado. En ningún sector ha sido esto más cierto que en las finanzas globales, donde los agentes privados han reformado las normas y prácticas de la creación de crédito y asignación. La crisis financiera global, sin embargo, ha llevado a muchos estados a cuestionar aspectos de este poder y planteado cuestiones más amplias acerca de la legitimidad y el futuro del poder privado en el/los ordenamiento/s jurídico/s global/es. En este trabajo se sostiene que –mientras que los actores estatales han recuperado un poder significativo en las finanzas globales– los poderes específicos de la creación de crédito y asignación combinados con la fuerza estructural del pluralismo jurídico transnacional permitirán a las principales instituciones financieras privadas retener poder sustancial ante estos retos y preguntas
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
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.
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.
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.
Full Text Available The article is devoted to legal regulation of procedural rights and obligations of persons in a dwelling or other private property of which the search is carried out. Analyzed enforcement practice of Ukraine and the European court of human rights, foreign criminal procedure law, clarified the shortcomings of the normative regulation of the legal status of the individual, which can interfere with the right to inviolability of the home or other private property of a person. Suggestions to amend the current legislation with the provisions of the voluntary disclosure of the objects specified in the resolution, or the indication of the location of the person sought.
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.
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
... 45 Public Welfare 4 2010-10-01 2010-10-01 false Complaints by clients about manner or quality of...) LEGAL SERVICES CORPORATION CLIENT GRIEVANCE PROCEDURES § 1621.4 Complaints by clients about manner or... clients about the manner or quality of legal assistance that has been rendered by the recipient to the...
technology. At a level of social and moral principles, many people believe that some assisted reproductive technology techniques go beyond the limits of acceptable medical intervention. It is important to take these opinions into consideration, but who ultimately decides what is acceptable and what is not? In this review we will address the ethical and social issues surrounding this emerging new technology. Additionally, legal developments regarding its clinical introduction in the United Kingdom and the USA, and the impact on technique and patient management in the future will be discussed. Legislation related to genetic manipulation in South Africa will also be considered in this context.
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
Downie, J; Chambaere, K; Bernheim, J L
To review the empirical claims made in: Pereira J. Legalizing euthanasia or assisted suicide: the illusion of safeguards and controls. Curr Oncol 2011;18:e38-45. We collected all of the empirical claims made by Jose Pereira in "Legalizing euthanasia or assisted suicide: the illusion of safeguards and controls." We then collected all reference sources provided for those claims. We compared the claims with the sources (where sources were provided) and evaluated the level of support, if any, the sources provide for the claims. We also reviewed other available literature to assess the veracity of the empirical claims made in the paper. We then wrote the present paper using examples from the review. Pereira makes a number of factual statements without providing any sources. Pereira also makes a number of factual statements with sources, where the sources do not, in fact, provide support for the statements he made. Pereira also makes a number of false statements about the law and practice in jurisdictions that have legalized euthanasia or assisted suicide. Pereira's conclusions are not supported by the evidence he provided. His paper should not be given any credence in the public policy debate about the legal status of assisted suicide and euthanasia in Canada and around the world.
Etscheidt, Susan Larson
Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student's need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the…
... over criminal proceedings; affording the defendant the right to effective assistance of counsel and, if... Criminal Proceedings in Tribal Courts AGENCY: Legal Services Corporation. ACTION: Request for information... funds to be used by grantees to represent eligible persons in any and all criminal proceedings in tribal...
In February 1996, Gainesville College, in Georgia, conducted a study of students in its Legal Assistant Management (LAM) Program to determine retention rates, numbers of graduates, and course pass rates. Retention and graduation rates were calculated for 175 students who enrolled in at least one LAM course from spring 1991 to fall 1995. In…
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.
Boulet, Gertjan; de Hert, Paul; Aden, H.
Our main finding is that the area of cooperation between the private sector and LEAs strongly resembles an “area in between” regulations. The cooperation between private sector and LEAs in the fight against cybercrime is “likely to be occurring independently of the actual existence of any applicable
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.
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.
Carcagno, George J.; And Others
This paper presents the results of an experiment in which private employment agencies were used to place public assistance clients in jobs. Contains brief descriptions of the experiment and the AFDC clients who participated in it. Key experimental findings are outlined and policy implications are discussed. (CT)
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.
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.
Euthanasia or assisted suicide—and sometimes both—have been legalized in a small number of countries and states. In all jurisdictions, laws and safeguards were put in place to prevent abuse and misuse of these practices. Prevention measures have included, among others, explicit consent by the person requesting euthanasia, mandatory reporting of all cases, administration only by physicians (with the exception of Switzerland), and consultation by a second physician. The present paper provides evidence that these laws and safeguards are regularly ignored and transgressed in all the jurisdictions and that transgressions are not prosecuted. For example, about 900 people annually are administered lethal substances without having given explicit consent, and in one jurisdiction, almost 50% of cases of euthanasia are not reported. Increased tolerance of transgressions in societies with such laws represents a social “slippery slope,” as do changes to the laws and criteria that followed legalization. Although the initial intent was to limit euthanasia and assisted suicide to a last-resort option for a very small number of terminally ill people, some jurisdictions now extend the practice to newborns, children, and people with dementia. A terminal illness is no longer a prerequisite. In the Netherlands, euthanasia for anyone over the age of 70 who is “tired of living” is now being considered. Legalizing euthanasia and assisted suicide therefore places many people at risk, affects the values of society over time, and does not provide controls and safeguards. PMID:21505588
Euthanasia or assisted suicide-and sometimes both-have been legalized in a small number of countries and states. In all jurisdictions, laws and safeguards were put in place to prevent abuse and misuse of these practices. Prevention measures have included, among others, explicit consent by the person requesting euthanasia, mandatory reporting of all cases, administration only by physicians (with the exception of Switzerland), and consultation by a second physician.The present paper provides evidence that these laws and safeguards are regularly ignored and transgressed in all the jurisdictions and that transgressions are not prosecuted. For example, about 900 people annually are administered lethal substances without having given explicit consent, and in one jurisdiction, almost 50% of cases of euthanasia are not reported. Increased tolerance of transgressions in societies with such laws represents a social "slippery slope," as do changes to the laws and criteria that followed legalization. Although the initial intent was to limit euthanasia and assisted suicide to a last-resort option for a very small number of terminally ill people, some jurisdictions now extend the practice to newborns, children, and people with dementia. A terminal illness is no longer a prerequisite. In the Netherlands, euthanasia for anyone over the age of 70 who is "tired of living" is now being considered. Legalizing euthanasia and assisted suicide therefore places many people at risk, affects the values of society over time, and does not provide controls and safeguards.
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.…
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.
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.
Spengler, John O; Frost, Natasha R; Bryant, Katherine K
The purpose of this article was to describe the process by which research findings informed the successful passage of legislation designed to increase opportunities for physical activity in Mississippi, and discuss implications and lessons learned from this process. The article is descriptive and conceptual, and addresses the collaborative process by which research, legal technical assistance, and advocacy informed and shaped shared use legislation in Mississippi. Collaborators informing this article were an Active Living Research grantee, a staff attorney with the Public Health Law Center, the American Heart Association Mississippi Government Relations Director, and community partners. The American Heart Association and Public Health Law Center developed policy guidance in the form of sample language for legislation as a starting point for states in determining policy needed to eliminate or reduce barriers to the shared use of school recreational facilities. The policy guidance was informed by evidence from Active Living Research-funded research studies. The American Heart Association, supporting a bill shaped by the policy guidance, led the effort to advocate for successful shared use legislation in Mississippi. Research should be policy relevant and properly translated and disseminated. Legal technical assistance should involve collaboration with both researchers and advocates so that policymakers have the information to make evidence-based decisions. Government relations directors should collaborate with legal technical staff to obtain and understand policy guidance relevant to their advocacy efforts. Effective collaborations, with an evidence-based approach, can lead to informed, successful policy change.
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.
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.
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.
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.
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.
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.
Battin, Margaret P; van der Heide, Agnes; Ganzini, Linda; van der Wal, Gerrit; Onwuteaka-Philipsen, Bregje D
Debates over legalisation of physician-assisted suicide (PAS) or euthanasia often warn of a "slippery slope", predicting abuse of people in vulnerable groups. To assess this concern, the authors examined data from Oregon and the Netherlands, the two principal jurisdictions in which physician-assisted dying is legal and data have been collected over a substantial period. The data from Oregon (where PAS, now called death under the Oregon Death with Dignity Act, is legal) comprised all annual and cumulative Department of Human Services reports 1998-2006 and three independent studies; the data from the Netherlands (where both PAS and euthanasia are now legal) comprised all four government-commissioned nationwide studies of end-of-life decision making (1990, 1995, 2001 and 2005) and specialised studies. Evidence of any disproportionate impact on 10 groups of potentially vulnerable patients was sought. Rates of assisted dying in Oregon and in the Netherlands showed no evidence of heightened risk for the elderly, women, the uninsured (inapplicable in the Netherlands, where all are insured), people with low educational status, the poor, the physically disabled or chronically ill, minors, people with psychiatric illnesses including depression, or racial or ethnic minorities, compared with background populations. The only group with a heightened risk was people with AIDS. While extralegal cases were not the focus of this study, none have been uncovered in Oregon; among extralegal cases in the Netherlands, there was no evidence of higher rates in vulnerable groups. Where assisted dying is already legal, there is no current evidence for the claim that legalised PAS or euthanasia will have disproportionate impact on patients in vulnerable groups. Those who received physician-assisted dying in the jurisdictions studied appeared to enjoy comparative social, economic, educational, professional and other privileges.
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.
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.
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.
... Act to authorize LSC funds to be used for representation of persons charged with criminal offenses in... law and punishable by death, imprisonment, or a jail sentence. A misdemeanor or lesser offense tried... Judiciary explained: Section 7(b)(2) permits a legal services program to provide representation in a very...
Ragot, M.; Lee, M.
More than twenty-five years after the advent of DNA markers, marker-assisted selection (MAS) has become a routine component of some private maize breeding programmes. Line conversion has been one of the most productive applications of MAS in maize breeding, reducing time to market and resulting in countless numbers of commercial products. Recently, applications of MAS for forward breeding have been shown to increase significantly the rate of genetic gain when compared with conventional breeding. Costs associated with MAS are still very high. Further improvements in marker technologies, data handling and analysis, phenotyping and nursery operations are needed to realize the full benefits of MAS for private maize breeding programmes and to allow the transfer of proven approaches and protocols to public breeding programmes in developing countries. (author)
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...
building assistance Targeted, multiphase engagements catered to a country’s rule of law needs, such as modernizing military legislation and...own Judge Advocates General and that these provide rule of law training catered to addressing local issues, which may not be standardized across
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
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
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
Battin, Margaret P; van der Heide, Agnes; Ganzini, Linda; van der Wal, Gerrit
Background Debates over legalisation of physician‐assisted suicide (PAS) or euthanasia often warn of a “slippery slope”, predicting abuse of people in vulnerable groups. To assess this concern, the authors examined data from Oregon and the Netherlands, the two principal jurisdictions in which physician‐assisted dying is legal and data have been collected over a substantial period. Methods The data from Oregon (where PAS, now called death under the Oregon Death with Dignity Act, is legal) comprised all annual and cumulative Department of Human Services reports 1998–2006 and three independent studies; the data from the Netherlands (where both PAS and euthanasia are now legal) comprised all four government‐commissioned nationwide studies of end‐of‐life decision making (1990, 1995, 2001 and 2005) and specialised studies. Evidence of any disproportionate impact on 10 groups of potentially vulnerable patients was sought. Results Rates of assisted dying in Oregon and in the Netherlands showed no evidence of heightened risk for the elderly, women, the uninsured (inapplicable in the Netherlands, where all are insured), people with low educational status, the poor, the physically disabled or chronically ill, minors, people with psychiatric illnesses including depression, or racial or ethnic minorities, compared with background populations. The only group with a heightened risk was people with AIDS. While extralegal cases were not the focus of this study, none have been uncovered in Oregon; among extralegal cases in the Netherlands, there was no evidence of higher rates in vulnerable groups. Conclusions Where assisted dying is already legal, there is no current evidence for the claim that legalised PAS or euthanasia will have disproportionate impact on patients in vulnerable groups. Those who received physician‐assisted dying in the jurisdictions studied appeared to enjoy comparative social, economic, educational, professional and other privileges. PMID
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.
María del Carmen López Aniorte
Full Text Available This paper provides analysis from a legal perspective on the conflict between fundamental right of to privacy of workers, and the exercise of power by management using means to capture image or sound, the control of the tools of information technology, and engaging detectives – professionals who currently possess innovative devices that enhance the efficacy of their investigation, but raise questions regarding their constitutionality. The Constitutional Tribunal admits that these means for monitoring are legal, as long as the measures taken are justified, appropriate, necessary and balanced. Furthermore, the casuistic nature of this law allows for the adoption of contradictory legal solutions in analogous or identical cases, generating a situation of legal insecurity, affecting the workers, the business owners, and the detectives they engage, when there is no clear delimitation for the legal context of their actions. DOI: http://dx.doi.org/10.5377/rpsp.v4i1.1554
This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...
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
Burak Hamza ERYİĞİT
Full Text Available Yerel kamusal mal ve hizmetlerin en önemli üretici birimleri olan yerel yönetimlerin bu mal ve hizmetleri üretirken kullandıkları yöntemler, dünyada meydana gelen siyasi, ekonomik, idari, sosyal ve teknolojik gelişmelere paralel olarak sürekli bir dönüşüm göstermektedir. Böylelikle önceleri bizzat yerel yönetimler tarafından üretilen birçok mal ve hizmet, dünyada bahsi geçen değişim ve dönüşüme paralel bir biçimde farklı alternatif yöntemlerin kullanılmasını beraberinde getirmiştir.Bu çalışmanın amacı dünyada alternatif hizmet üretme yöntemlerindeki değişim ve dönüşüm ışığında Türk Yerel Yönetim Sistemi için de uygulamaya koyulan özelleştirme yöntemlerinin hukuksal altyapısını değerlendirmeye tabi tutmak; böylelikle literatürde birbirine karıştırılan bazı yöntemler ile, uygulamada kullanıldığı halde literatürde üzerinde durulmamış yöntemlere vurgu yapmaktır. Bu bağlamda bu çalışmada “kiralama yöntemi” ile “kiraya verme yöntemi” ve “intifa hakkının devri yöntemi” özellikle ele alınmış ve değerlendirmeye tabi tutulmuştur.-Methods which are used production for goods and services of Local administrations which are the most important producer units for local public goods and services, throughout Political, economic, administrative, social and technologic developments which occur in the world show in parallel continuous transformation. Thus, many goods and services formerly produced by the local authorities themselves has brought world changes and transformations in parallel as using alternative methods. The purpose of the study, methods of producing alternatives in the world in the light of change and transformation practice for Turkish Local Administration System laid the legal infrastructure privatization methods to be subjected to evaluation; it made emphasizes both some methods which are mixed with each other in the literature and the
Or, Calvin; Tong, Ellen; Tan, Joseph; Chan, Summer
The health care reform initiative led by the Hong Kong government's Food and Health Bureau has started the implementation of an electronic sharing platform to provide an information infrastructure that enables public hospitals and private clinics to share their electronic medical records (EMRs) for improved access to patients' health care information. However, previous attempts to convince the private clinics to adopt EMRs to document health information have faced challenges, as the EMR adoption has been voluntary. The lack of electronic data shared by private clinics carries direct impacts to the efficacy of electronic record sharing between public and private healthcare providers. To increase the likelihood of buy-in, it is essential to proactively identify the users' and organizations' needs and capabilities before large-scale implementation. As part of the reform initiative, this study examined factors affecting the adoption of EMRs in small or solo private general practice clinics, by analyzing the experiences and opinions of the physicians and clinical assistants during the pilot implementation of the technology, with the purpose to learn from it before full-scale rollout. In-depth, semistructured interviews were conducted with 23 physicians and clinical assistants from seven small or solo private general practice clinics to evaluate their experiences, expectations, and opinions regarding the deployment of EMRs. Interview transcripts were content analyzed to identify key factors. Factors affecting the adoption of EMRs to record and manage health care information were identified as follows: system interface design; system functions; stability and reliability of hardware, software, and computing networks; financial and time costs; task and outcome performance, work practice, and clinical workflow; physical space in clinics; trust in technology; users' information technology literacy; training and technical support; and social and organizational influences. The
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
Four months after the Three Mile Island-2 accident, the Pennsylvania Law Journal assembled many of the most prominent attorneys with experience in nuclear power issues to discuss and explore some of the questions confronting lawyers and their clients affected by the nation's worst civilian nuclear accident. It is significant that the conference was held in Hershey, Pennsylvania, seven miles from Harrisburg, the State Capitol, and 15 miles from Three Mile Island. The conference focused on the legal issues, of rates, used and useful, and cost of replacement energy; and the litigation issues - extraordinary nuclear occurrence, theories of liability, and damages. The audience also had a need to discuss the future of Federal regulation as well as the issues of most immediate concern
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.
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...
Дмитрий Владимирович Рубинштейн
Full Text Available The article analyzes the activities of assistant barristers and their role in the history of the Russian Bar system. In particular, the author proves the proposition that in practice assistant barristers were an independent part of the Bar system. They were both jurors and members of private attorney institutions. In this regard, the article describes the main activities of St. Petersburg Council of barristers concerning assistant barristers, in particular their status, legal education, forms of control of their daily practice, etc. Simultaneously, the author pays special attention to the analysis of the creation and improvement of the legal base for assistant barristers’ activities. In the author’s opinion, it was done up to 1917. Particular attentionis paid to the work of the Commission of assistant barristers related to establishing and holding legal conferences at which there were delivered lectures and discussed essays on various topical issues of law practice.
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.
This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....
M.A. Loth (Marc)
textabstractIn 2005 the Dutch Supreme Court decided a wrongful life case.2 This case concerned a woman who consulted her midwife during her pregnancy because there had been two cases of handicaps in her husband’s family, due to chromosomal disorder. The midwife did not think it necessary to
Luiz Felipe Pinto
Full Text Available Foram utilizados o Cadastro de Beneficiários da Agência Nacional de Saúde Suplementar (ANS e a Pesquisa Nacional por Amostra de Domicílios (PNAD/IBGE para descrever o perfil da cobertura dos serviços por planos privados de saúde. Apesar da regulação pela ANS, não se deve perder de vista que o acesso, a utilização e a cobertura populacional em planos de saúde precisam ser periodicamente monitorados, principalmente na região Sudeste, que concentra 70% da população coberta por planos de saúde. Também são necessários estudos mais detalhados sobre as capitais brasileiras, que constituem grandes centros de concentração de clientela; e investigações para os subgrupos etários que mais utilizam os serviços de saúde: crianças menores de 5 anos, mulheres em idade fértil e idosos. Os resultados do estudo indicam que, no Sistema de Saúde Brasileiro, os planos privados de assistência à saúde se configuram como mais um fator de geração de desigualdades sociais no acesso e na utilização de serviços de saúde, pois cobrem apenas uma parcela específica da população brasileira: pessoas de maior renda familiar, de cor branca, com maior nível de escolaridade, inseridas em determinados ramos de atividade do mercado de trabalho, moradores das capitais/regiões metropolitanas.The Beneficiaries' Frame from ANS and the data of the PNAD/IBGE have been used to describe the profile of the private health plans' coverage. Although the regulation functions of ANS, one should not forget that private health insurance access, use and coverage should be monitored continuously, specially the private market of Southeast Region, which concentrate 70% of coverage people in Brazil. Others studies are also necessary for Brazilian capitals, which constitute great urban cities of insurance people. Besides this, more detailed investigation must be developed for age groups with higher utilization of health services: children up to 5 years, women
Herrmann, Janne Rothmar
in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...
environment such as that in Abu Grahib prison , where military personnel tasked with similar duties to that of contractors have been held legally accountable... Grahib Prison . The Washington Post. Office of Management and Budget Circular A-76. (August 4, 1988. Revised 1999). Performance of Commercial...downsizes the military after the Global War on Terror as it did after the Cold War. Private contractors depend largely upon former service members to
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.
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.
The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...
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...
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.
Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.
This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 , xxv + 303 pp.
This Bachelor Thesis titled Private labels deals with distribution strategy based on the introduction of private labels especially in retail chains. At the beginning it is focused on the general concept of private label offered by retailers, where is mentioned basic characteristics, history and structuring of distribution brands. Subsequently this thesis informs readers about the introduction of new special distribution brands, which focus primarily on the new consumption habits of customers....
Andersen, Hans Skifter
for private udlejningsboligers pris, økonomi og kvalitet. Det økonomiske afkast af investering i private udlejningsejendomme har været højt i de sidste 10 år, men fortrinsvist pga. værdistigninger. For tiden er disse gået i stå, hvilket gør den økonomiske fremtid for den private udlejningssektor mindre...
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,...
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.
Verhoef, Erik T.
This paper studies the efficiency impacts of private toll roads in initially untolled networks. The analysis allows for capacity and toll choice by private operators, and endogenizes entry and therewith the degree of competition, distinguishing and allowing for both parallel and serial competition.
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.
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.
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
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
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
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
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
Kay Heidbreder of Blacksburg, has been appointed University Counsel by the Virginia Attorney General and will head the university's legal office. Heidbreder, who holds the position of assistant attorney general, has been associate general counsel at Virginia Tech since 1985.
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.
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
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...
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...... 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...... systems to build and share innovation. When coupled with appropriate attention to the difficult task of coordinating the actions of interdependent actors, a PPPP arrangement can enhance the likelihood of successful commercialization of pharmacological discoveries by flipping the par- ties’ incentives...
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 ...
This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references
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.
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.
Kjær, Poul F.
A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift...... is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social processes. While developments in this direction can certainly be observed, this article provides a more nuanced perspective....... Outlining a long-term historical perspective, this article reconstructs the manifold and volatile dynamic between institutionalized forms of public and private authority. It does soon the basis of the argument that, in the course of this evolutionary process, the very function and meaning of both public...
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.
... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Subpoena and other legal..., DEPARTMENT OF HOMELAND SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 General § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be...
Flood, Colleen M; Thomas, Bryan
Blurring of public/private divide is occurring in different ways around the world, with differential effects in terms of access and equity. In Canada, one pathway towards privatization has received particular attention: duplicative private insurance, allowing those with the financial means to bypass queues in the public system. We assess recent legal and policy developments on this front, but also describe other trends towards the blurring of public and private in Canada: the reliance on mandated private insurance for pharmaceutical coverage; provincial governments' reliance on public-private partnerships to finance hospitals; and the incorporation of for-profit clinics within the public health care system.
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)
The United Kingdom government announced in May 1995 plans to privatize the country's two nuclear generating companies, Nuclear Electric and Scottish Nuclear. Under the plan, the two companies will become operating divisions of a unified holding company, to be called British Electric, with headquarters in Scotland. Britain's nuclear plants were left out of the initial privatization in 1989 because the government believed the financial community would be unwilling to accept the open-ended liability of decommissioning the original nine stations based on the Magnox gas-cooled reactor. Six years later, the government has found a way around this by retaining these power stations in state ownership, leaving the new nuclear company with the eight Advanced Gas-cooled Reactor (AGR) stations and the recently completed Sizewell B PWR stations. The operating Magnox stations are to be transferred to BNFL, which operates two Magnox stations of their own at Calder Hall and Chapelcross
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...
Andrade Lima, L. de
The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)
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…
陳仲嶙 Chung-Lin Chen
Full Text Available 以民間自己的力量進行棲地之圈護與保育，而非僅寄望政府對管制區域的劃設與執法，在英、美等國已有長久歷史且成績斐然。此一理念在我國雖仍屬起步階段，但經過十多年的醞釀，近年以環境信託為號召的倡議已吸引愈來愈多的關注。本文認為，私部門對土地管領或監護以直接達成土地保育，可作為國土治理的重要環節，而可能運用於取得土地之管理或監護的法律工具繁多，非僅公益信託一端；對相關法律工具更全面的理解，將有助於考量不同脈絡與需求，於個案中尋求適切可行的法律工具，也將有助於在立法政策上進行更完整的思索。 The idea and practices that the private sector devotes to land conservation by directly acquiring and managing land have developed for a long time and reached great achievements in many countries such as the U.K. and the U.S. In recent years, this idea, in the name of the “environment trust,” has drawn more and more attention in Taiwan. This article intends to show that private approaches to land conservation could play a critical role in Taiwan’s environmental governance and argue that the legal instruments to be used in private land conservation are potentially diverse, rather than only a charitable trust can be invoked. The comprehensive understanding and comparison of the potential legal instruments in this article will help practitioners to match adequate instruments to specific real contexts and help the legislature to devise a comprehensive law reform.
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
Juan Stuardo Yazlle Rocha
financiamento do SUS, reprimindo demanda e desestimulando os prestadores privados a trabalhar com pacientes SUS levou a uma seletividade negativa para o SUS. O resultado foi que aumentou a diferença nos padrões de assistência entre os serviços públicos e privados.INTRODUCTION: The last decade saw the creation and implementation of the Brazilian National Health System (NHS public, universal and equalitarian with the objective of offering wide coverage to meet the population's health needs. The objective of the study was the assessment of the evolution of public and private hospital care on a populational basis during the period of the implementation of the NHS. METHODS: The 984,142 inpatients of the general hospitals of Ribeirão Preto, Brazil, during the period 1986 to 1996 were studied and those of them living in their own municipal district were selected. The inpatients are classified according to the financing system as private, pre-payment and NHS; the social situation of the patients and the profile of hospital morbidity are analysed. RESULTS: In the period studied a continuous growth in the number of hospitalizations is observed, both in absolute numbers and in coefficient per thousand inhabitants, increasing from 43,773 to 55,844 inpatients per year. Though when the categories of the hospitalizations are studied, it is seen that private inpatients present a reduction both in absolute numbers and as a coefficient from 3,181 (7.3% to 2,215 (3.9%; the NHS inpatients decrease in absolute numbers and in a percentage by a third at the end of the period - falling from 33,254 (76.0% to 29,373 (51.7%. On the other hand the pre-payment inpatient system triplicates in absolute numbers and duplicates by rate for inhabitant - from 7,338 (16.8% to 25,256 (44.4%. The NHS hospital care attends mainly unskilled and semi-skilled manual workers; the professionals, technicians, non manual and skilled manual workers being assisted by the private services. The hospital morbidity of
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
Due to a strike among nurses in the spring of 2008, the existing waiting time guarantee of one month was suspended until June 1, 2009. Regions turned to private hospitals to assist reducing the hump of patients. It has been claimed that the private sector used to be favorably treated by the Liber...
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.
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
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
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....
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
The end of the Cold War witnessed the growth and spread of legally established private military contractors (PMCs) playing largely undefined roles in wars, international security and post-conflict reconstruction. The operations of PMCs in Iraq and Afghanistan in the 21st century have been marked by gross human rights ...
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
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
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....
... 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... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Private Capital for NMVC Companies...
private sector . After all, corruption does not just involve government. Business people and lawyers and citizens pay the bribes, even as they condemn bribery. They should be invited to become part of the solution. But how? The first point to note is that business people and citizens know where corruption exists and how corrupt systems work. Citizens understand how bribery shapes the services they receive or don’t receive. Accountants know the illicit games played with audits and taxes. Lawyers understand corrupt legal practices. Business people know all about corrupt
.... Some topics discussed in this volume include interviewing and client counseling, preventive law programs, estate planning, family support, family law, separation agreements, consumers laws, income tax law, and a discussion of legislation such as the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses Protection Act.
... 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...
Lehr, R I; Middlebrooks, D J
Employers who offer EAPs should be aware of their rights as well as the rights of employees. Appropriate steps should be taken to assure that employees are fully informed of the conditions of participating in a program prior to volunteering for treatment. An issue that must be considered is the confidentiality of information arising during the course of treatment. Several court cases involving the physician-patient relationship offer guidelines in this area.
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.
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
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 ...
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.
Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello
This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied
In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de
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:.
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)
Izaguirre, Ada Karina; Hunt, Catherine
Drawing on the World Bank's Private Participation in Infrastructure Project Database, this Note reviews developments in the water and sewerage sector of developing countries in 2004 and changes in private participation in the sector since 2001. Data for 2004 show that total investment in water and sewerage projects with private participation amounted to nearly US$2 billion. Recent private ...
Various fiscal considerations frequently encountered in the context of the planning of private electricity production projects were described. Two major themes were discussed: 1) the different jurisdictional vehicles that can be used during the planning of private electricity production projects and the associated fiscal considerations, and 2) the two main fiscal incentives of the Income Tax Act (Canada) which could impact on the financing and operation costs of such a project, namely the accelerated amortization and the possibility of deducting the costs associated to renewable energies and energy savings in Canada. This was a general presentation that did not go into specific details and did not represent a legal opinion. refs
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
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.
...) and tasked it with assessing the vulnerabilities or, and threats to, eight ranked critical infrastructures and developing a national strategy for protecting those infrastructures from physical and cyber threats...
"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...
... 7 Agriculture 6 2010-01-01 2010-01-01 false Certification process for private-sector entities. 652... ASSISTANCE Certification § 652.23 Certification process for private-sector entities. (a) A private sector... individual basis as part of the private-sector entity's certification and ensures that the requirements set...
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.
Blume, Peter Erik
and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...
Mackenzie, Geraldine; Carter, Hugh
This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.
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.
, poses legal challenges for the procurement of PPP contracts. The overall research objective of my doctoral thesis is to analyse, clarify and discuss potential legal challenges resulting from European Union public procurement law - provided in Directive 2004/18/EC – which a public authority is obliged......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...
José Luis Castro-Montero
Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.
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.
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.
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...
Tom R. Tyler
Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.
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
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....... 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...
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
J.T.J. Smit (Han); W.A. van den Berg (Ward)
textabstractThis study presents a dynamic model for the private equity market in which information revelation and uncertainty rationally explain the cyclical pattern of investment flows into private equity. The net benefit of private equity over public equity is i) uncertain and ii) agents have
Trinder, L.; Hunter, R.; Hitchings, E.; Miles, J.; Smith, L.; Moorhead, R.; Sefton, M.; Hinchly, V.; Pearce, J.; Bader, K.
This study was designed to develop the evidence base on litigants in person in private family law cases, including their behavioural drivers, experiences and support needs, and impact on the court prior to the implementation of legal aid reforms in April 2013. Fieldwork was conducted between January and March 2013. The study delivered primarily qualitative evidence. The researchers sampled 151 private law family cases where a hearing was observed, the court file examined and parties and p...
This work as based on the ex-positio sinkronik system aims at giving a minimum contribution in the application of the international private law and clarifies the omission, collision and legal problematic aspects in practice. At the end of this work, there are our conclusions which serve as a deduction over the analysis and studies done to this part of the private international law.
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.
Barberis, M; Paxman, J M
Private support for the development of family planning programs continues to grow and now includes industries that provide family planning services, commercial outlets that distribute contraceptives, community groups that help to build demand, private medical practitioners who include contraception as a part of health care, organizations that provide technical and financial assistance to developing country programs, pharmaceutical firms, and foundations that underwrite contraceptive research. Although the mix of private and public programs differs from country to country, these 2 family planning programs complement each other and often work in close partnership. The private sector has the advantages of being able to pioneer innovative programs the public sector is unwilling or unable to pursue, to bring foreign financial and technical assistance to developing countries without political implications, and to achieve financially self-sustaining family planning efforts that are linked to other development efforts. In many countries, the private sector has been instrumental in developing a national family planning program and in eliminating barriers to family planning in countries with restrictive laws and policies. The private sector has been especially important in pioneering grassroots programs that improve the status of women through education, health care, training, and economic opportunity.
... Philippines and India. The amended notice applicable to TA-W-73,370 is hereby issued as follows: All workers..., Legal Editorial Operations, Cleveland Office, Including Workers Whose Unemployment Insurance (UI) Wages... To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as...
... Philippines and India. The amended notice applicable to TA-W-73,370 is hereby issued as follows: ``All workers..., Legal Editorial Operations Cleveland Office Including Workers Whose Unemployment Insurance (UI) Wages... Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of...
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
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 ...
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.
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...... 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...... management and the formulation of management goals, ii) withdraw timber resources from their forest, and iii) exclude others from the use of forest resources. We identified broad relations between the scope for decision making of private forest owners and jurisdictions' former socio-political background...
Since 1989, when it became legally possible for private higher education to operate in New Zealand, the sector has grown to become a significant part of the country's higher education system. We explore the private penetration, trace the changes that have occurred in private higher education, and evaluate the sector's position in New Zealand…
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...... to finally be able to affirm, reject or nuance Stein’s classic claim....
Leenes, Ronald; Palmerini, Erica; Koops, Bert-Jaap; Bertolini, Andrea; Salvini, Pericle; Lucivero, Federica
Robots are slowly, but certainly, entering people’s professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the
Singh, M; Jha, R
To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.
Reifon Cristabella Eventia
Full Text Available Build, Operate and Transfer (BOT represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms.
Full Text Available Unmanned vehicles are becoming a common sighting in our day-to-day life and are soon going to become an important economic drive in creating workspaces and help achieve new milestones in human activities. As such, the technology revolving around the unmanned vehicles will push itself as much as it’s needed but with each achievement in the field of robotics a legal issue arises around how to use the newly acquired piece of technology in a public or private space and whether or not should such a technology be placed under a strict governmental control. As the saying by Prof. Henry W. Haynes (1879 goes “The possession of great powers and capacity for good implies equally great responsibilities in their employment. Where so much has been given much is required.” so does an unmanned vehicle and its operator must follow a degree of legal guidelines on how to properly use the gadget and to also to understand the legal limitations when interacting with other entities. This paper will focus on identifying and answering some legal issues regarding what is required for a drone to fly over an identifiable space, but also if the operator must have a document that was conferred by a state to acknowledge the skills of the pilot or should a software limitation be in place for national security safeguards. The paper will also tackle the issue of identifying legal documents from different states that can be applied to drone flight operations and also if different states have adopted sanctions to persons who did not abide to said legal norms.
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.
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.
E-therapy is a term that has been coined to describe the process of interacting with a therapist online in ongoing conversations over time when the client and counselor are in separate or remote locations and utilize electronic means to communicate with each other. It is a relatively new modality of assisting individuals resolve life and relationship issues. E-therapy utilizes the power and convenience of the internet to allow simultaneous (synchronous) and time-delayed (asynchronous) communication between an individual and a professional. For the purposes of this paper, e-therapy is defined as a licensed mental health care professional providing mental health services via e-mail, video conferencing, virtual reality technology, chat technology, or any combination of these. It does not include self-help methods such as public bulletin boards or private listservs. E-therapy is not psychotherapy or psychological counseling per se since it does to presume to diagnose or treat mental or medical disorders. However, e-therapy is flexible enough to also address many difficulties which clients present to the online therapist. As in other types of therapy, such as bibliotherapy, occupational therapy, and rehabilitation therapy), e-therapy does assist a person in addressing specific concerns with specific skills. This article examines the following issues of e-therapy. First, the types of e-therapy and related services are described to provide a background for the article. Second, the ethical codes which have been adopted by three major professional organizations (American Counseling Association, National Board for Certified Counselors, and the International Society for Mental Health Online) pertaining to e-therapy are summarized for professional and consumer use. Finally, the practical, ethical, and legal issues of e-therapy services are discussed fully.
By decision of 5-2-75 - 4 SA 234/74 -, the Frankfurt regional labour court has confirmed the legal notice to quit given to a machinist working in a nuclear plant by his employer. In spite of a previous instruction on safety regulations, the man had twice parked his private car on an escape route to be kept clear, and, in spite of an explicit order, had not moved his car. The main grounds upon which the judgment of the court was based are presented in the article. (HP/AK) [de
Cumming, Joy; Mawdsley, Ralph
In a companion article, we considered legal issues in language and culture in private schooling in two U.S. contexts: "Silva v. St. Anne Catholic School" and "Doe v. Kamehameha Schools". In this article, we consider the facts and findings of these two cases under the human rights and antidiscrimination legal frameworks of…
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 Ukraine, in the conditions of reforming society and change of powers of state bodies a new institution – the institution of private executors is being introduced. Due to the ambiguity of this innovation, the article identifies the shortcomings of its legal settlement and potential risks of its operation for business and citizens; formulates recommendations for their elimination.
Egalite, Anna J.; Wolf, Patrick J.
Parents in the United States have had the legal right to choose the school their child attends for a long time. Traditionally, parental school choice took the form of families moving to a neighborhood with good public schools or self-financing private schooling. Contemporary education policies allow parents in many areas to choose from among…
In many countries, a large proportion of forest biodiversity exists on private land. Legal restrictions are often inadequate to prevent loss of habitat and encourage forest owners to manage areas for biodiversity, especially when these management actions require time, money, and ...
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
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.
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.
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.
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)
Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin
In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.
Privatization has been recognized as a worldwide phenomenon. In this pa-per, a political economy approach is developed to analyze privatization. The ap-proach assumes that political economy and privatization overlap in people’s need. So, the framework of political economy in privatization is based on the ‘need’ phi-losophy. Government and private sectors are contrasted in this respect, leading to a conclusion on privatization as a method to manage the economy. Keywords: privatization, politic...
Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.
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.
Benson, Helene A.
This speech focuses on women and private pension plans, such as private pension coverage and smaller benefit amounts. Pension issues affecting women as employees include participation in plans, vesting, break-in service, benefit accruals, integration with Social Security, sex-based actuarial tables, portability, inflation, and individual…
Bovenberg, L.; van Ewijk, C.
Private pensions can enhance international and intergenerational risk-sharing and create a deeper European capital market, which allows for better diversification of country-specific risks and facilitates economic growth. Private funding of pensions creates a more integrated European capital market
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…
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
Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during
Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.
... 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...
... Distribution to private investors and SBA. 107.1570 Section 107.1570 Business Credit and Assistance SMALL... private investors and SBA. If you have outstanding Participating Securities or Earmarked Assets, you may... and your private investors in proportion to the capital contributions of each. You must notify SBA of...
Full Text Available In our analyses of 10,390 companies from 51 countries, we find that in countries that have small capital markets free cash flow is positively related to board size. However, this positive relation becomes significantly weak for companies in large securities markets. This result suggests that managers in underdeveloped capital markets have an incentive to construct less effective boards to extract private benefits. However, the distorted managerial incentive is alleviated in developed countries that have various disciplinary mechanisms to ensure good governance practices. We do not find clear evidence that legal protection of shareholder rights mitigates the managerial incentive to construct less effective boards.
Huang Hongmei; Zhang Chengjun
Setting up virtual private network for business enterprise provides a low cost network foundation, increases enterprise's network function and enlarges its private scope. The text introduces virtual private network's principal, privileges and protocols that use in virtual private network. At last, this paper introduces several setting up virtual private network's technologies which based on LAN
Huang Hongmei; Zhang Chengjun
Setting up virtual private network for business enterprise provides a low cost network foundation, increases enterprise network function and enlarges its private scope. This text introduces virtual private network principal, privileges and protocols applied in virtual private network. At last, this paper introduces several setting up virtual private network technologies which is based on LAN
Ali Babar, Muhammad; Pantić, Zoran
on open source software. One of the key objectives of this project was to create relevant material for providing a reference guide on the use of open source software for designing and implementing a private cloud. The primary focus on this document is to provide a brief background on different theoretical......, and a view on the different aspects of cloud computing in this document. Defining the cloud computing; analysis of the economical, security, legality, privacy, confidentiality aspects. There is also a short discussion about the potential impact on the employee’s future roles, and the challenges of migrating...... to a private cloud. The management of the instances and the related subjects are out of the scope of this document. This document is accompanied by three supplemental books that contain material from our experiences of scaling out in the virtual environment and cloud implementation in a physical environment...
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...
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)
I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning
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
Kjær, Poul F.
. The dual (trans-)national re-constitution of Western Europe in the years immediately after the Second World War, which the European integration process was an integrated part of, successfully remedied this development. However, over the last decades, Europe has experienced a ‘turn to governance’, which......The ‘turn to corporatism’ in the interwar period implied an erosion of the fragile institutionalisation of legally-constituted public power due to its suspension of the legal infrastructure of society and the concomitant breakdown of the distinction between the public and private realms of society...
Full Text Available One of the main characteristics of the new millennium is the affirmation of human rights in all aspects of human existence, with the intention of turning declarative statements into reality. Development of up-to-date assisted reproductive technologies (ART and their application in infertility treatment have raised numerous ethical, legal, religious, social and other questions. In vitro fertilization, donation of gametes, embryos and pre-embryos, cryopreservation of gametes, embryos, ovarian and testicular tissues, embryo transfer, genetic reproductive techniques, cloning and other sophisticated methods used in infertility treatment require cooperation between the medical and legal professions. Ethical aspects of human reproduction and assisted fertilization are based on full respect of the life of an individual even before conception, from pre-embryo stage, via embryo stage and fetus stage to a newborn infant. Regarding investigative and clinical projects, this standpoint implies the legalization of all ART procedures, unencumbered exchange of information and consensus about their application, and adherence to the basic ethical principles of autonomy benefit, justice and common welfare. Ethical postulates provide unequivocal directions in the creation of new life and resolve all possible ethical dilemmas, protecting the rights of doctors and participant in relevant procedures alike and reasserting the crucial principle - respect of human dignity.
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.
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.
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.
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
Small businesses can be an important vehicle for .... Small and medium enterprises make up most of private businesses in the. Middle East ... Small businesses can drive more equi- table growth. ... patterns affect job creation and the demand ...
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...
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
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
... Trade (Continued) TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE PRODUCTIVITY, TECHNOLOGY AND INNOVATION Promotion of Private Sector Industrial Technology Partnerships § 1160.3 Assistance to industrial...
Gurun, Ayfer; Millimet, Daniel L.
We assess the causal effect of private tutoring on the probability of university placement in Turkey. We find that tutoring increases the probability of being placed in a university when non-random selection is ignored. Moreover, among those utilizing private tutoring, greater expenditure on tutoring is also positively associated with university placement. However, we find evidence of positive selection into tutoring, but negative selection into greater expenditures among those receiving tuto...
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)
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.
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
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.
Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in
Beran, Roy G
Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.
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.
Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)
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.
This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.
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
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
... LEGAL SERVICES CORPORATION 45 CFR Part 1611 Income Level for Individuals Eligible for Assistance... (``Corporation'') is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal...
... LEGAL SERVICES CORPORATION 45 CFR Part 1611 Income Level for Individuals Eligible for Assistance... (``Corporation'') is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal...
... LEGAL SERVICES CORPORATION 45 CFR Part 1611 Income Level for Individuals Eligible for Assistance... (``Corporation'') is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal...
... LEGAL SERVICES CORPORATION 45 CFR Part 1611 Income Level for Individuals Eligible for Assistance... Corporation (``Corporation'') is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual...
Rosimary Gonçalves de Souza
Full Text Available Este artigo busca uma aproximação de algumas das mudanças em curso no sistema de saúde, focalizando especificamente o setor privado prestador de serviços de saúde, que, ao longo das últimas décadas, vem mantendo peso decisivo na condução da política de saúde. Nesse sentido, importa mapear as diferentes modalidades sob as quais se insere a iniciativa privada na prestação de serviços de saúde, mostrando as mudanças mais significativas na relação entre o setor público e o privado, tendo como contraponto o contexto das décadas de 1970 e 1980. Algumas dessas modalidades se constituem, na verdade, de uma intensificação ou consolidação de padrões e tendências presentes desde os anos 70, como o setor que integra as seguradoras de saúde e as empresas de medicina de grupo. Outras, como a atuação das cooperativas médicas junto ao setor público, mostram-se como tendências em expansão numa conjuntura de crise fiscal do estado e regressividade dos investimentos no campo social.This article intends an approach with some of the changes in course in the health system, specifically the private supplier of health services, that comes maintaining along the last decades decisive weight in the conduction of the health policy. In that sense, it imports to show the different modalities under which this sector interferes the private initiative in the installment of health services, showing the more important changes in the relationship between the public and the private sectors, tending as counterpoint the context of the decades of 70 and 80. Some of those modalities are constituted, actually, an consolidation of patterns and present tendencies since the seventies, as the section that integrates the insurance companies of health and the group medicine companies. Other, as the performance of the medical cooperatives close to the public section, they are shown as tendencies in expansion in a conjuncture of fiscal crisis of the state and
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...
Euthanasia and assisted suicide are not part of French laws of bioethics and lack, for the time being, definition and normative framework other than their criminal prosecution. To transform them into a right, these concepts certainly call for an ethical and legal debate. This paper aims to question the ideas to be considered, the conceptual bases and normative tools that may be useful to the discussion.
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.
The author confines himself to sabotage and espionage. Necessary counter-measures are determined by the respective type of activities. Sect. 618 of the German Civil Code and Sect. 120 a of the Industrial Code give basic legal provisions for the protection of industrial personnel. The legal position held by owner or occupant forms the legal basis for 'vulnerable point protection'. The owner's rights are assigned to the industrial police and are exercised in correspondence with the service or employment contract set up according to Sect. 611 and the following sections of the German Civil Code. Outside guards work according to the performance contract given int the Sections 675, 611, 631 of the German Civil Code. The security personnel has the common right of self-help: self-defence, civil rights concerning the state of national emergency and self-defence under criminal law, rights derived from ownership and property. The author critically argues views held by Mr. Hoffmann-Riem who thinks that police powers have been assigned to private persons. He definitely answers in the negative to the execution of, or encroachment on, sovereign (police) powers by industrial security personnel. A special legal regulation is not necessary, since private protection in form of professional selfdefence is admissible under the law in force. (HSCH) [de
Ha, Nguyen Thi Hong; Berman, Peter; Larsen, Ulla
The private provision of health services in Vietnam was legalized in 1989 as one of the country's means to mobilize resources and improve efficiency in the health system. Ten years after its legalization, the private sector has widely expanded its activities and become an important provider of health services for the Vietnamese people. However, little is known about its contribution to the overall objectives of the health system in Vietnam. This paper assesses the role of the private health care provider by examining utilization patterns and financial burden for households of private, as compared with public, services. We found that the private sector provided 60% of all outpatient contacts in Vietnam. There was no difference by education, sex or place of residence in the use of private ambulatory health care. Although there was evidence suggesting that rich people use private care more than the poor, this finding was not consistent across all income groups. The private sector served young children in particular. Also, people in households with several sick members at the same time relied more on private than public care, while those with severe illnesses tended to use less private care than public. The financial burden for households from private health care services was roughly a half of that imposed by the public providers. Expenditure on drugs accounted for a substantial percentage of household expenditure in general and health care expenditure in particular. These findings call for a prompt recognition of the private sector as a key player in Vietnam's health system. Health system policies should mobilize positive private sector contributions to health system goals where possible and reduce the negative effects of private provision development.
... 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... charged with the development of legal instruments for resolving both business to business and business to...
... 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... development of legal instruments for resolving both business to business and business to consumer cross-border...
Iriskulbekov, Erik; Balybaeva, Asylgul
A recent court case of a breach of the privacy rights of a person living with HIV/AIDS in Kyrgyzstan is the first of its kind in Central Asia, write Erik Iriskulbekov and Asylgul Balybaeva. ADILET, the NGO that brought the case to court, is one of only a few NGOs in Central Asia that provide legal assistance related to HIV and AIDS.
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…
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.…
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.
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 The majority of household savings are in the form of bank deposits. It is therefore of interest for credit institutions to tailor their deposit policy for getting finances from non-banking entities and to provide the private sector with the loans that are necessary for investment activities and consumption. This paper deals with the determinants of the saving rate of the private sector of Slovakia. Economic, financial and demographic variables influence savings. Growth of income per capita, private disposable income, elderly dependency ratio, real interest rate and inflation have a positive impact on savings, while increases in public savings indicate a crowding out effect. The inflation rate implies precautionary savings, and dependency ratio savings for bequest. There are also implications for governing institutions deciding on the implementation of appropriate fiscal and monetary operations.
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.
Drawing on the nationally representative "Participation and Expenditure in Education" surveys, we document the incidence and cost of private tutoring at different stages of schooling over the last two decades in India. As private tutoring involve two decisions: a) whether to take private tuition or not, and b) how much to spend on private tutoring conditional on positive decision in (a), we analyze the determinants of the two decisions separately using a Hurdle model. We find that private tut...
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.
Ulsenheimer, K.; Heinemann, N.
It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de
Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section
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
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.
?To go private? As an object the cell phone is a diminutive phenomenon, but its power and importance in the social space is infinite. What happens in the social space when the cell phone is used and when it is turned off? As a point of departure observations from a field study conducted in a youth...... 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...
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
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...
This article aims to provide no more than a brief summary and overview of some of the principal legal questions which arise in connection with assisted human conception. There is no requirement of legal suitability for natural parenthood, though a child may be removed from parental care at birth if its welfare is considered to be at risk. Where medical or other assistance is required, however, the law and social judgments may impinge on the freedom of individuals to procreate. Commercial surrogacy has recently been criminalized, but private surrogacy arrangements without reward are not illegal--although any contract would probably be unenforceable through the courts. If medical intervention is required to achieve assisted conception, the availability of resources for NHS treatment, the physical and mental health of the prospective mother and father, and the welfare (or lack of it) of any prospective child, may be factors in deciding whether an infertility unit will offer treatment. Such practices must not operate unfairly and must not discriminate on racial grounds. If treatment is provided, and a woman becomes pregnant, the ordinary abortion laws will apply and, it is thought, will extend to the selective reduction of a multiple pregnancy--there is no claim in English law for 'wrongful birth'. AID does not constitute adultery, and the law has recently been reformed to recognize children born following AID as legitimate to their social parents. A child may be regarded as the legitimate child of a surrogate mother's marriage, but where the baby is genetically distinct from the surrogate mother, the law, and is uncertain and as yet could be conflicting claims of parenthood without legislation. The storage and disposal of human gametes and embryos may raise problems of 'ownership'.
Victor Imanuel W. Nalle
Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.
Victor Imanuel W. Nalle
Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.
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.
A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.
Roman, Paul M.; And Others
Provides an overview of the value of employee assistance programs (EAP) as mechanisms to solve organizational problems. The article is based on a field study of 480 EAPs in private sector organizations with 500 or more employees. (JOW)
Sterilization in Yugoslavia is no population policy measure. Decision about the birth of children is free, a private problem of any individual, a basic right guaranteed by the Constitution. However, according to certain laws in Slovenia and Croatia, sterilization is allowed as a family planning method in persons over 35 year old. Only exceptionally can sterilization be applied in persons younger than 35 years: according to the Slovenian law, in cases when a person lacks the capacity of reasoning and also when there are medical indications, and according to the Croatian law, when there are medical and eugenic reasons (if the child is supposed to be born with negative congenital properties).
Carter is a bellwether decision, an adjudication on a narrow point of law whose implications are vast across society, and whose impact may not be realized for years. Coupled with Quebec's Act Respecting End-of-life Care it has sharply changed the legal landscape with respect to actively ending a person's life. "Medically assisted dying" will be permitted under circumstances, and through processes, which have yet to be operationally defined. This decision carries with it moral assumptions, which mean that it will be difficult to reach a unifying consensus. For some, the decision and Act reflect a modern acknowledgement of individual autonomy. For others, allowing such acts is morally unspeakable. Having opened the Pandora's Box, the question becomes one of navigating a tolerable societal path. I believe it is possible to achieve a workable solution based on the core principle that "medically assisted dying" should be a very rarely employed last option, subject to transparent ongoing review, specifically as to why it was deemed necessary. My analysis is based on 1. The societal conditions in which have fostered demand for "assisted dying", 2. Actions in other jurisdictions, 3. Carter and Quebec Bill 52, 4. Political considerations, 5. Current medical practice. Leading to a series of recommendations regarding. 1. Legislation and regulation, 2. The role of professional regulatory agencies, 3. Medical professions education and practice, 4. Public education, 5. Health care delivery and palliative care. Given the burden of public opinion, and the legal steps already taken, a process for assisted-dying is required. However, those legal and regulatory steps should only be considered a necessary and defensive first step in a two stage process. The larger goal, the second step, is to drive the improvement of care, and thus minimize assisted-dying.
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
Koch, Christian; Jensen, Jesper Ole
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 t...
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.
Yang Yuguang [College of Computer Science and Technology, Beijing University of Technology, Beijing 100124 (China); Cao Weifeng [College of Electric and Information Engineering, Zhengzhou University of Light Industry, Zhengzhou 450002 (China); Wen Qiaoyan [State Key Laboratory of Networking and Switching Technology, Beijing University of Posts and Telecommunications, Beijing 100876 (China)], E-mail: firstname.lastname@example.org
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.
including Bosnia, Ukraine, Chile , and others made up the largest portion of private contractors in Iraq.43 Mercenary...56 movements, schools are now advocating “diversity rather than unity” and make “little effort to inculcate immigrants in American culture...identities are becoming increasingly important as a result of failures to assimilate new immigrants . Huntington highlights that immigrants from Mexico
Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.
Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...
The term 'nuclear security' is generally accepted to mean 'the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear material, other radioactive substances or their associated facilities.' While the ultimate responsibility for nuclear security within a State rests entirely with that State, the need for regional and international cooperation has become increasingly evident with the growing recognition that the ability to prevent, detect and respond to the threats to nuclear security within one State is affected by the adequacy and effectiveness of nuclear security measures taken by other States, particularly when nuclear material is transported across national frontiers. Since the early 1970s, the IAEA has been called upon to play an ever increasing role in assisting States, upon request, to strengthen their national legal infrastructures and physical protection systems, as well as to facilitate regional and international efforts to enhance nuclear security, including measures to protect against nuclear terrorism. This publication brings together the legally binding primary international instruments and the internationally accepted non-binding instruments that constitute the international legal framework for nuclear security. It does not discuss the safety and safeguards related instruments, which also form a part of the broader legal framework for nuclear security. By setting out the legislative bases for the mandate of the IAEA in the area of nuclear security, it is hoped that this publication will increase awareness of the IAEA's role in facilitating national, regional and international efforts to enhance nuclear security , including measures to protect against nuclear terrorism. It is also intended to serve as a guide in carrying out the IAEA's nuclear security mandate and functions assigned to it under these instruments, including in the elaboration of nuclear security
Andriichenko Zhanna O.
Full Text Available The article identifies and systematizes the existing legal obstacles to the autonomy of higher education institution and develops recommendations to overcome them. The approaches to establishing the legal status of institutions of higher education in the current legislation of Ukraine are characterized. The impact of the legal status of higher education institution on its legal personality and the institutional autonomy has been determined. Views of scholars together with foreign experience of property titles in the imposition of property on higher education institution, were analyzed. Directions for the development of legal regulation of the system of public law legal entities in Ukraine have been defined. In order to ensure the development of the model of public administration in the sphere of higher education, it has been proposed that most of the higher education institutions should change the legal status of public legal entity – budgetary institution to the status of private legal entity – profitable or non-profitable higher education institution of the public / communal form of ownership, for which the founder would regularize property on the right of ownership. This will eliminate the conservatism, strict regulation on the part of the State, that is linked to the status of publicity, and, in order to develop the autonomy of higher education institution, will allow to take advantage of dispositivity inherent in private law entities in determining their legal personality.
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...
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
This article discusses the issue of mixed public and private law in the Nuclear Energy Act, in particular with regard to the legal framework governing radioactive waste management. In fact, neither the old nor the new legal arrangements are exclusively of public law nature because a number of private law items are included. This fact is illustrated on some examples including provisions on liability for nuclear damage, the legal authority of the Radioactive Waste Repository Agency, and financial compensation to municipalities affected by the preparation of a deep geological radioactive waste disposal facility. (orig.)
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)
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.
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 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.
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
Commissions for an expert assessment place basically high demands on commissioned eye specialists because this activity differs from the normal routine field of work. In addition to assessing objective symptoms and subjective symptomatics in a special analytical manner, eye specialists are expected to have knowledge of basic legal terminology, such as proximate cause, evidence and evidential value. Only under these prerequisites can an ophthalmologist fulfill the function of an expert with a high level of quality and adequately adjust the special medical ophthalmological expertise to the requirements of the predominantly legally based clients commissioning the report and oriented to the appropriate valid legal norms. Particularly common difficulties associated with making an ophthalmological expert report for private accident insurance, e.g. determination of the reduction in functional quality, consideration of partial causality and assessment of diplopia are discussed.
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.
Habibzadeh, Mohammad Ja'far
The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…
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.
Thorsen, Mats Skjervheim
This thesis is based on six months of fieldwork conducted in Montevideo, the capital of Uruguay. The country legalized cannabis in 2013, but during my fieldwork only two of three aspects of the law were implemented. It was legal to cultivate privately or join a cannabis club, but there are no places to legally buy the product. In the thesis, I aim to explore different aspects of the cannabis movement in the country. In the first empirical chapter I look at how my informants perceive cannabis,...
for the legal or gray market acquisition of weapons—sometimes in huge quantities—and including far more than the side arms sometimes specified in...passing interest only—but reflecting the reputation for “gray market ,” legally questionable, or downright illegal private security initiatives in...these groups, some Licorne soldiers [deployed French “ Unicorn Force” peacekeep- ers], once their four-month commission is up, come knock- ing at their
Andrecka, Marta; Peterkova, Katerina
procurement. This is true both for the public and private sectors. However, there is only limited legal regulation of sustainable procurement, which causes many uncertainties in respect to the possibility to include sustainability concerns into procurement processes as well as consequences of (not) doing so...... and private procurement and similarities and differences between the sectors are identified. We find that in both sectors sustainability topics (i) are increasingly considered and implemented into contracts; (ii) deal with similar issues in both contexts; (iii) cover issues that are linked to the subject....... Still, it is found that while there is a right to include sustainability considerations into both public and private procurement processes, there are only contours of the legal obligation to do so. In respect to private procurement, the right to give considerations to sustainability issues...
This article describes the US and Japan's "Common Agenda for Cooperation in Global Perspective." This agenda was launched in July 1993. The aim was to use a bilateral partnership to address critical global challenges in 1) Promotion of Health and Human Development; 2) Protection of the Environment; 3) Responses to Challenges to Global Stability; and 4) Advancement of Science and Technology. The bilateral effort has resulted in 18 initiatives worldwide. Six major accomplishments have occurred in coping with natural disasters in Kobe, Japan, and Los Angeles, US; coral reefs; assistance for women in developing countries; AIDS, children's health; and population problems. The bilateral effort has been successful due to the active involvement of the private sector, including businesses and nongovernmental organizations (NGOs). Many initiatives are developed and implemented in cooperation with local NGOs. The government needs the private sector's technical and managerial fields of expertise. Early investment in NGO efforts ensures the development of self-sustaining programs and public support. An Open Forum was held in March 12-13, 1998, as a commemoration of the 5-year cooperative bilateral effort. Over 300 people attended the Forum. Plenary sessions were devoted to the partnership between public and private sectors under the US-Japan Agenda. Working sessions focused on health and conservation. Participants suggested improved legal systems and social structures for facilitating activities of NGOs, further development by NGOs of their capacities, and support to NGOs from corporations.
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, car....... On average, LPs may just break even, net of management fees, carry, risk, and costs of illiquidity.......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......, carried interest, and illiquidity are costly, and GPs must generate substantial alpha to compensate LPs for bearing these costs. Debt is cheap and reduces these costs, potentially explaining the high leverage of buyout transactions. Conventional interpretations of PE performance measures appear optimistic...
Valkanou, Theodora; Mitkidis, Katerina
with respect to the sensitive topic of social and environmental conditions in international supply chains. This paper presents a critical account of the ways the incorporation of CSR standards in supply chain contracts has been addressed through the lenses of contract law and regulatory doctrine. Legal...... conducted empirical research in order to comprehend the operation of CSR standards in supply chain contracts in practice. The present article documents and critically reviews the different streams of legal scholarship in this area with a view to reaching conclusions on whether (further) exploration by legal......An intensive rise of private regulatory governance within the Corporate Social Responsibility (CSR) arena has preoccupied legal scholars for over a decade now. The role of supply chain contracts as means to regulate CSR issues has gradually gained momentum in legal scholarship, especially...
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.
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
Kjellstrom, Sven B.
State capitalism has been a basic tenet of the developing strategy for Turkey for half a century, with import-substituting industrialization through state economic enterprises (SEEs) as a guiding principle. By 1980 a serious economic and political crisis called for a reassessment of economic policies. Policy reorientation was radical : from import substitution to export promotion, from interventionism to market forces, and from promotion of SEEs to promotion of the private sector. The state's...
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
Sahin, Sila; Prowse, Martin Philip; Weigh, Nadia
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...... sector. It concentrates on those areas that are of particular focus for DFID policy and strategy....
A report sponsored by a group of nuclear suppliers and the Royal Bank suggested that the Candu reactor system would sell better if it were owned by a private company. Licensing of a Candu reactor in the U.S.A. was also suggested. The author of this article agrees with these points, but disagrees with the suggestion that safeguards should be relaxed. He suggests that contracts should stipulate that instrumentation should be supplied as much as possible from Canadian sources
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
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...... these initiatives in an institutional framework and suggest how the experiences can be understood in their own rights....
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)
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...
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...
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...
Borrull, Alexandre Lopez; Oppenheim, Charles
Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…
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...
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,
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...
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
An environmental technology transfer business assistance program is needed to encourage collaboration and technology transfer within the international community. This program helped to find appropriate mechanisms to facilitate the transfer of these technologies for use by DOE environmental restoration and waste management (ER/WM) programs while assisting U.S. private industry (especially small and medium size business) in commercializing the technologies nationally and abroad
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.
Gregoric, Aleksandra; Masten, Arjana Brezigar; Zajc, Katarina
of the multiple blockholder structures that these firms were assigned at privatization. We observe significant path dependence: patterns of ownership and control are in part determined by the persistence of the initial privatization owners (state funds, privatization investment funds, employees, and managers...
D. Ed. (Educational Management) The cornerstone of this research is to understand the role of the Private Higher Education (PHE) sector in South Africa, including the challenges and problems encountered by the Private Higher Education Institutions (PHEIs) in competing in the public HE sector that is legally accountable to and funded by government. The country’s HE sector is deeply fragmented owing to the past racial divisions and inequalities, and the research thus intends to contribute to...
Patel, Ibrahim; Thörn, Simon
Background: This study focuses on three reforms which the Swedish government have performed: The abolishment of the audit requirement, the reduction of the legal capital requirement, and the reduction of the employment taxes. What effect have they had on the establishment of private limited companies? Purpose: The purpose of this dissertation is to explain the influence government reforms have on the establishment and re-establishment of private limited companies inSweden. Method: An explanat...
This paper concerns the relationship between private philanthropy and social movements. At a time when the unions, social service and legal aide agencies, and other structures that supported social movements of the past are suffering declining resources and public legitimacy or are failing to move with the needs of the new working poor, privately funded non-profit organizations have become the primary vehicle for organizing poor and marginalized communities. Relatively few scholars have inves...
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.
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
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
Adjei, Joseph K.; Olesen, Henning
information. On the other hand, consumers have expressed concerns that their rights and ability to control their personal information are violated. Paradoxically, it appears that users provide personal data freely and willingly, as it has been observed on Facebook and other social networks. This study...... is an attempt to understand the relationship between individuals’ intentions to disclose personal information, their actual personal information disclosure behaviours, and how these can be leveraged to develop privacy-enhancing identity management systems (IDMS) that users can trust. Legal, regu...
Hart, T M
The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.
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
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.
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…
Full Text Available Privatization is a very complicated process that builds a market economy. It entails numerous problems, the overcoming of which depends on the pace and scale of privatization in a particular country. The privatization process of the Polish economy is assessed differently, and still raises a lot of controversy and debate, not only for the economy, but also politics. This is particularly the privatization of state assets. Privatization was one of the foundations for political transformation in Poland and other Central- and Eastern European countries. Some say that was a great success, while for others it was a field for plunder and affairs. Who is right? Is privatization a success or a failure? This paper aims to present the arguments posed by both supporters and opponents of the privatization in Poland.
... of Nonpublic Records and Testimony of OPIC Employees in Legal Proceedings AGENCY: Overseas Private...; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United State based companies to compete with...
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.
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
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.
Baturan Luka O.
Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.
in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...
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.
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.
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
John L. Greene; Terry K. Haines
Use of federal and state forest management assistance programs can enable nonindustial private forest owners to reduce their management expenses and practice better stewardship. This paper summarizes six federal and twelve state assistance programs available to owners in the North Central states. It also describes how to calculate the amount of a government...
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
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.
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)
Fabio Assis Pinho
Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.
Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident. Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione
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.
Barton, H M
Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.
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.
A. O. AYENI
Full Text Available This study provides relevant economic ideas that can assist Nigeria and other Africancountries in making innovative policies at privatizing university education. A review of the education market scene on the continent provides an imperfect market with adverse consequences occasioned by inadequate information and unbridled competition.Advocating a joint role for sharing the costs and benefits of university education between government and private sectors, the study suggests a four-policy option for adoption by Nigeria and other African countries. These are, in ascending order of importance: regulated private, subsidized private, competitive private, and complementary private systems of iversity educationUsing the Backcock University in Nigeria as an example, this paper demonstrates thepositive managerial influence of a competitive and complementary system of private university. Nevertheless, to forestall market failure, this study rounds off by pointing out the reformatory, regulatory and redemptive roles of government in the management ofprivate universities in Nigeria and other African countries.
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.
Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...
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.
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
Rathor, M Y; Rani, Mohammad Fauzi Abdul; Shah, Azarisman Mohammad; Akter, Sheikh Fariuddin
Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surgical treatment. Recent changes in the health care delivery system and the complex sociological settings, in which it is practiced, have resulted in an increase in judicial activity and medical negligence lawsuits for physicians. While IC is a well-established practice, it often fails to meet its stated purpose. In the common law, the standard of medical care to disclose risks has been laid down by the Bolam test- a familiar concept to most physicians, but it has been challenged recently in many jurisdictions. This paper aims to discuss some important judgments in cases of alleged medical negligence so as to familiarize doctors regarding their socio-legal obligations. We also propose to discuss some factors that influence the quality of IC in clinical practice. Literature review. The law of medical consent has been undergoing changes in recent years. Case law appears to be evolving towards a more patient centered standard of disclosure. Patient's expectations are higher and they are aware of the power of exercising their rights. Failure to obtain IC is one of the common allegations in medical malpractice suits. The medical professionals need to change their mindset and avoid claims of negligence by providing information that is "reasonable" in the eyes of the court.
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
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 ...
from bigamy and incest . D. The void/voidable distinction. The grounds relating to annulment apply to voidable marriages — marriages with such defects...differences, uses neutral language [" son lives with father every other weekend"] rather than "loaded words" with win-lose implications [i.e., "custody...mutual consent" What if mom disagrees to Wednesday night supper with dad? What if dad disagrees with mom having the children on the 4th of July? What
257-1829 Commander (dl) 14th Coast Guard District Prince Kalanianaole Federal Building 300 Ala Moana Blvd, 9th Floor Honolulu, Hawaii 96850-4982...a),aarons.org Practice Area: 351 - Criminal Law - Defense, 400 - General Practice Bars Admitted: NM County of Practice: Santa Fe, Rio Arriba , Los
electronic (cyber) crimes committed within one state but the effect of which is ..... the important distinguishing features between extradition and deportation is therefore ..... Nations Security Council Resolution 1373/2001, which requires member ...
N. G. Gojda
Full Text Available Summary: Article is devoted to the legislation review of the public-private partnership projects of the healthcare sector inUkraine. Authors focused attention on the basic problems of public-private partnership projects inUkraine. Objective: Analysis of the legal framework provides the possibility of public-private partnerships in health care ofUkraine and confirms the relevance of the scientific concept of development of public-private partnerships in health care ofUkraine. Methods: There were used periodic data of legal, economic and medical research publications inUkraine and CIS countries on regulatory support public-private partnerships. Results: The researches in many countries have proven the established of state regulatory bodies that carefully study various aspects of the business partnership in the services of provision of health care. Developed numerical models as simple infrastructure projects implement business participation in providing non-medical services (construction, hotels and utilities, technical re-equipment etc. to complex integrated models that involve the transfer of important state functions to private partner (strategic planning, highly specialized medical care, research, medical education, etc.. Conclusion: The development of public-private partnerships in health care of Ukraine is possible only in condition of further improvement of legislation to the line with the norms and principles of international law, providing a clear and coordinated cooperation of all branches and friendly to business partnership administrative environment.
foundation to develop training for law enforcement and security personnel to utilize behavioral indicators in a safe, legal, and effective manner...hope to develop more efficient and effective means of assisting the police to identify and safely interdict persons carrying illegal firearms. This...by Velcro hook and loop fastener tape. Attached to the elastic wrap is a pocket with a security strap that holds the gun in place. When fastened to
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.
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.
Gray, John; Ciofalo, Andrew
Absent the constitutional rights enjoyed by the student press at state institutions of higher education, the administration at a private institution is legally free to control the content of its student press. Explores a theory that shifts the focus to academic freedom protected by contracts between faculty and institutions. (MLF)
Various definitions have been framed for public-private partnerships (PPPs) in health depending on the desired relationship and the characteristics of the respective sectors. These relationships span from a continuum of loose relationships with narrow objectives, lack of a legal status and an absence of a formalized ...
Bunte, F.H.J.; Galen, van M.A.; Winter, de M.A.; Dobson, P.; Bergès-Sennou, F.; Monier-Dilhan, S.; Juhász, A.; Moro, D.; Sckokai, P.; Soregaroli, C.; Meulen, van der B.M.J.; Szajkowska, A.
The report studies the impact of private labels on the competitiveness of the European food processing industry and investigates whether a system of producer indication may improve the functioning of the food supply chain. The impact is studied using economic theory and empirical and legal analysis.
Conclusions: Independent interventions will have little chance of success and sustainability. Different intervention programs should consider legal issues, attitude and knowledge of physicians in the private sector, and building a simple reporting process for physicians. Intervention programs in which the reporting process offers incentives for all stakeholders can help improving and sustaining the disease reporting system.
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
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...... of total production and employment and appear less exposed to aggregate shocks. Our robustness tests provide some evidence that is consistent with our effects being driven by our preferred channel....
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...... time, and how can their similarities and differences be explained?; (iii) how do differing national policy and regulation frameworks serve to facilitate or hinder the formation of PPPs, exemplified by four case studies from the schools sector?; (iv) what framework conditions does the EU set for PPP...... 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...
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
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
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.
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.
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.
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
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
Lavery, J V; Dickens, B M; Boyle, J M; Singer, P A
Euthanasia and assisted suicide involve taking deliberate action to end or assist in ending the life of another person on compassionate grounds. There is considerable disagreement about the acceptability of these acts and about whether they are ethically distinct from decisions to forgo life-sustaining treatment. Euthanasia and assisted suicide are punishable offences under Canadian criminal law, despite increasing public pressure for a more permissive policy. Some Canadian physicians would be willing to practise euthanasia and assisted suicide if these acts were legal. In practice, physicians must differentiate between respecting competent decisions to forgo treatment, providing appropriate palliative care, and acceeding to a request for euthanasia or assisted suicide. Physicians who believe that euthanasia and assisted suicide should be legally accepted in Canada should pursue their convictions only through legal and democratic means. PMID:9164399
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
Article published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
Article by Dr Frank Wooldridge published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
Mueller, Paul S.; Swetz, Keith M.; Freeman, Monica R.; Carter, Kari A.; Crowley, Mary Eliot; Severson, Cathy J. Anderson; Park, Soon J.; Sulmasy, Daniel P.
OBJECTIVE: To describe a series of patients with heart failure supported with a ventricular assist device (VAD) who requested (or whose surrogates requested) withdrawal of VAD support and the legal and ethical aspects pertaining to these requests.
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
Frans L. Leeuw
Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.
Claudiu Ramon D. BUTCULESCU
Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.
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,
Perotti, E.C.; Guney, S.E.
In recent years a vast transfer of state-owned assets to the private sector has taken place in many countries, irrespective of their level of development or the political affiliation of their government. Privatization is believed to improve economic incentives; attract managerial and technological
Most research on private equity is based on American theory, tested on American empirical data. Nevertheless, the private equity concept has gained a solid foothold in the Nordic region, especially in Sweden. This article analyzes whether American-biased assumptions prevail in the Nordic countries...
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...
In Private Military and Security Contractors: Controlling the Corporate Warrior a multinational team of 16 scholars and a practitioner from political science, sociology, and law address a developing phenomenon: controlling the use of privatized force by states in international politics. Robust...
Institute for College Access & Success, 2014
Private loans are one of the riskiest ways to finance a college education. Like credit cards, they typically have variable interest rates. Both variable and fixed rates are higher for those who can least afford them--as high as 13% in June 2014. Private loans are not eligible for the important deferment, income-based repayment, or loan forgiveness…
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…
Balmer, N. J.; Pleasence, P.
New analysis of LAW Survey data has identified three distinct groups among business owners according to their likelihood of experiencing business-related and other types of legal problems ‒ ‘normal’, ‘highly elevated’ and ‘extreme’. As is the case with individuals, a relatively small proportion of business owners account for the bulk of problems. Targeted legal assistance services are needed for this group.
Foged, Søren Kjær; Aaskoven, Lasse
Privatization varies considerably among local governments. One of the oft-listed explanations is the ability of public employees to block privatization. However, many studies on the influence of public employees on privatization do not use very precise measures of the influence of public employees...... Danish municipalities in 2012, we are able to measure the strength of the public eldercare union as well as the number of the public eldercare workers relative to the number of local voters. We find that the increased union strength measured in terms of union density at the municipal level leads...... to substantially and significantly less privatization through the voucher market. By comparison, the estimated relationship between the relative number of public workers and privatization does not reach statistical significance. Features of the voucher market and qualitative evidence suggest that the union...
Full Text Available 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 the matter is essentially a question of affordability. From a medical perspective, it seems that the English system (as articulated by the Royal College of Obstetricians and Gynaecologists as well as American perspectives may be well suited to the SA situation. Legal approaches are assessed in the context of the applicable medicolegal framework in SA, the present nature of damages and compensation with reference to obstetric negligence liability, as well as alternative options (no-fault and capping of damages to the present system based on fault. It is argued, depending on constitutional considerations, that a system of damages caps for noneconomic damages seems to be the most appropriate and legally less invasive system in conjunction with the establishment of a state excess insurance fund.
The result of the study is that the nuclear waste management defined by sect. 9a of the Atomic Energy Law cannot be realized without violating the constitution or other relevant laws. This evaluation of the nuclear waste management concept is based on an in-depth discussion of technological difficulties involved in nuclear waste management, and on the examination of all existing rules and regulations (Radiation Protection Ordinance, intermediate storage and burial, and reprocessing) at home and abroad, which lead to legal aspects of nuclear waste management which, according to established German law, are to be characterized as being 'unclear'. The author demonstrates especially the lack of precision in law of the term 'radioactive waste'. He points out that a sufficient regulation on the dismantlement of nuclear reactors is missing and he sets forth uncertainties relating to administrative law which are involved in bringing in private companies for burial as it is provided by law. The concluding constitutional assessment of the nuclear waste management regulation of the Atomic Energy Law shows that sect. 9a of the Atomic Energy Law does not meet completely constitutional requirements. (orig./HP) [de
The Chemical Weapons Convention (CWC) offers a unique challenge to the US system of constitutional law. Its promise of eliminating what is the most purely genocidal type of weapon from the world`s arsenals as well as of destroying the facilities for producing these weapons, brings with it a set of novel legal issues. The reservations about the CWC expressed by US business people are rooted in concern about safeguarding confidential business information and protecting the constitutional right to privacy. The chief worry is that international verification inspectors will misuse their power to enter commercial property and that trade secrets or other private information will be compromised as a result. It has been charged that the Convention is probably unconstitutional. The author categorically disagrees with that view and is aware of no scholarly writing that supports it. The purpose of this presentation is to show that CWC verification activities can be implemented in the US consistently with the traditional constitutional regard for commercial and individual privacy. First, he very briefly reviews the types of verification inspections that the CWC permits, as well as some of its specific privacy protections. Second, he explains how the Fourth Amendment right to privacy works in the context of CWC verification inspections. Finally, he reviews how verification inspections can be integrated into these constitutional requirements in the SU through a federal implementing statute.
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.
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)
... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate legal instruments that may take the form of annexes on... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser...
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.
...- and medium-sized businesses in which other financial institutions are reluctant to invest. With the breakup of the Soviet Union in 1991, enterprise funds were subsequently established in the newly independent states...
... 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 ...
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...... 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....../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...
Full Text Available The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however
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.
... it, too. Back to top What is the Cost for Assisted Living? Although assisted living costs less than nursing home ... Primarily, older persons or their families pay the cost of assisted living. Some health and long-term care insurance policies ...
Full Text Available Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.
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.
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.
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.
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.
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
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
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"
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...
of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...
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)
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)
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,
Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...
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)
Andrus, Kay L.
Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…
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
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.
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.
Full Text Available Adoption of the New Civil Code (NCC meant a "turning point" for the radical concept of the subjects participating in legal relations which, according to the Commercial Code (now repealed almost all provisions usually were traders. Currently, the Unification of Private Law, according to the monistic conception embraced by NCC there are a series of difficulties in the conceptual framework of "professionals", the "company" and, especially, the professional traders. Professional traders are individuals: the individual, authorized individual and family business. The legal status of the three categories of individuals falling into the category of professionals traders is regulated by Ordinance no. 44/2008, amended.
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.
130 A legal person as a member of an elective body of a limited company Abstract This thesis deals with one of the significant novelties in Czech company law adopted in connection with the recodification of private law, namely the general option to appoint a legal person as a member of a statutory, supervisory or another elective body of a limited company, i.e. limited liability company or joint stock company. The thesis presents the topic in a broader context and it is aimed to provide the r...
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.
Mehmet Unsal Memis
Full Text Available This paper investigates the relationship between earnings management-audit quality and earnings management-legal system quality by using 1507 firms’ observations from listed companies in private firms across different 8 emerging countries. Consistent with previous research, differentiation between Big 4 and non-Big 4 audit firms are used as a audit quality proxy and discretionary accruals are used to measure the earnings management. According to the results, only for Brazilian and Mexican companies, there is significant relationship between the discretionary accruals and audit quality. For the other countries there is not significant relationship. Furthermore efficiency of the legal system helps decrease earnings management incentives. Along with results, the big four auditors do not constrain the earnings management incentives in every emerging country but effective legal system does. In this analysis we used other earnings management related variables like the size of the firms, leverage, lagged ROA of the firms which have loss in the previous year and Tobin Q as control variables.
Mª Ángeles Orts Llopis
Full Text Available Understanding the differences and subtleties between the legal communication of the English-speaking world, and the Continental law countries –and, more specifically, Spain- has become a necessary practice in the global context. For the most part, it involves unravelling the differences and concomitances between the array of legal genres produced by the professionals of the specialist communities within these two traditions (i.e., Common Law and Continental Law. This paper attempts an analysis in layers –generic or pragmatic, textual or cognitive, and formal or superficial– of two types of genre within the domain of public and private law, namely delegated legislation and tenancy agreements or leases, the study of which has been seldom attempted, despite the customary presence of these instruments in the legal routine. The result of such analysis will, hopefully, cast some light on the way these communities interact within themselves and with the rest of the world, providing new clues to tackle the application of those genres and making it possible to draw new conclusions about the way in which linguistic interaction takes place in the context of these specialist communities in English and Spanish.
... Regarding Private Education Loans and Private Educational Lenders AGENCY: Bureau of Consumer Financial... Justice and the Federal Trade Commission, to prepare a Report on Private Education Loans and Private... Justice and the Federal Trade Commission, to prepare a Report on Private Education Loans and Private...
Sriphiromya, Pakawadee; Theeraroungchaisri, Anuchai
Drug risk management has many tools for minimizing risk and black-boxed warnings (BBWs) are one of those tools. Some serious adverse drug reactions (ADRs) emerge only after a drug is marketed and used in a larger population. In Thailand, additional legal warnings after drug approval, in the form of black-boxed warnings, may be applied. Review of their characteristics can assist in the development of effective risk mitigation. This study was a cross sectional review of all legal warnings imposed in Thailand after drug approval (2003-2012). Any boxed warnings for biological products and revised warnings which were not related to safety were excluded. Nine legal warnings were evaluated. Seven related to drugs classes and two to individual drugs. The warnings involved four main types of predictable ADRs: drug-disease interactions, side effects, overdose and drug-drug interactions. The average time from first ADRs reported to legal warnings implementation was 12 years. The triggers were from both safety signals in Thailand and regulatory measures in other countries outside Thailand. Copyright © 2014 Elsevier Inc. All rights reserved.
Rhodes, A M
Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.
This master thesis is trying to describe the situation of private sector in public health care systems. As a private sector we understand patients, private health insurance companies and private health care providers. The focus is placed on private health care providers, especially in ambulatory treatment. At first there is a definition of health as a main determinant of a health care systems, definition of public and private sectors in health care systems and the difficulties at the market o...
The institution of active euthanasia has been legal in Colombia since 2015. In California, the regulation on physician-assisted suicide will come into effect on January 1, 2016. The legal institution of active euthanasia is not accepted under the law of the United States of America, however, physician-assisted suicide is accepted in an increasing number of member states. The related regulation in Oregon is imitated in other member states. In South America, Colombia is not the first country to legalize active euthanasia: active euthanasia has been legal in Uruguay since 1932. The North American legal tradition markedly differs from the South American one and both are incompatible with the Central European rule of law. In Hungary and in most European Union countries, solely the passive form of euthanasia is legal. In the Benelux countries, the active form of euthanasia is legal because the supranational law of the European Union does not prohibit it. Notwithstanding, European Union law does not prescribe legalization of either the active form of euthanasia, or the physician-assisted suicide.
Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.
Caroline Lydia Hart
Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...
Knobeloch, Lynda; Gorski, Patrick; Christenson, Megan; Anderson, Henry
Between July 1, 2007, and December 31, 2010, Wisconsin health departments tested nearly 4,000 rural drinking water supplies for coliform bacteria, nitrate, fluoride, and 13 metals as part of a state-funded program that provides assistance to low-income families. The authors' review of laboratory findings found that 47% of these wells had an exceedance of one or more health-based water quality standards. Test results for iron and coliform bacteria exceeded safe limits in 21% and 18% of these wells, respectively. In addition, 10% of the water samples from these wells were high in nitrate and 11% had an elevated result for aluminum, arsenic, lead, manganese, or strontium. The high percentage of unsafe test results emphasizes the importance of water quality monitoring to the health of nearly one million families including 300,000 Wisconsin children whose drinking water comes from a privately owned well.