WorldWideScience

Sample records for legal authorities policies

  1. Comprehensive National Cybersecurity Initiative: Legal Authorities and Policy Considerations

    Science.gov (United States)

    2009-03-10

    Separation of Powers in National Security Matters....................................................................... 10 Congressional Constraints on Executive Action ........................................................................... 15 Policy Considerations and Congressional Options........................................................................ 17 Conclusion..................................................................................................................................... 18 Author Contact

  2. How to deal with legal uncertainty: Managing and Audit Authorities in Cohesion Policy

    NARCIS (Netherlands)

    Meuleman, Lysette; Brenninkmeijer, A.F.M.

    2017-01-01

    Cohesion policy (ERDF, ESF and CF) is implemented in a system of shared management. Signals received from some EU countries indicate that legal uncertainty is created for beneficiaries of cohesion policy funds due to differences in interpretation of, mostly national, regulation. This is a problem

  3. Responsibility without legal authority? Tackling alcohol-related health harms through licensing and planning policy in local government.

    Science.gov (United States)

    Martineau, F P; Graff, H; Mitchell, C; Lock, K

    2014-09-01

    The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to implement effective population-level health interventions. Case studies of local government alcohol control practices are described. Addressing alcohol-related health harms is constrained by the absence of a specific legal health licensing objective and differences between public health and legal assessments of the relevance of health evidence to a specific place. Local governments can, however, implement health-relevant policies by developing local evidence for alcohol-related health harms; addressing cumulative impact in licensing policy statements and through other non-legislative approaches such as health and non-health sector partnerships. Innovative local initiatives-for example, minimum unit pricing licensing conditions-can serve as test cases for wider national implementation. By combining the powers available to the many local government sectors involved in alcohol control, alcohol-related health and social harms can be tackled through existing local mechanisms. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

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

    Science.gov (United States)

    Henderson, Ana; Fry, Christine R

    2011-01-01

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

  5. National Systematic Legal Review of State Policies on Emergency Medical Services Licensure Levels' Authority to Administer Opioid Antagonists.

    Science.gov (United States)

    Kinsman, Jeremiah M; Robinson, Kathy

    2018-02-27

    Previous research conducted in November 2013 found there were a limited number of states and territories in the United States (US) that authorize emergency medical technicians (EMTs) and emergency medical responders (EMRs) to administer opioid antagonists. Given the continued increase in the number of opioid-related overdoses and deaths, many states have changed their policies to authorize EMTs and EMRs to administer opioid antagonists. The goal of this study is to provide an updated description of policy on EMS licensure levels' authority to administer opioid antagonists for all 50 US states, the District of Columbia (DC), and the Commonwealth of Puerto Rico (PR). State law and scopes of practice were systematically reviewed using a multi-tiered approach to determine each state's legally-defined EMS licensure levels and their authority to administer an opioid antagonist. State law, state EMS websites, and state EMS scope of practice documents were identified and searched using Google Advanced Search with Boolean Search Strings. Initial results of the review were sent to each state office of EMS for review and comment. As of September 1, 2017, 49 states and DC authorize EMTs to administer an opioid antagonist. Among the 40 US jurisdictions (39 states and DC) that define the EMR or a comparable first responder licensure level in state law, 37 states and DC authorize their EMRs to administer an opioid antagonist. Paramedics are authorized to administer opioid antagonists in all 50 states, DC, and PR. All 49 of the US jurisdictions (48 states and DC) that define the advanced emergency medical technician (AEMT) or a comparable intermediate EMS licensure level in state law authorize their AEMTs to administer an opioid antagonist. 49 out of 52 US jurisdictions (50 states, DC, and PR) authorize all existing levels of EMS licensure levels to administer an opioid antagonist. Expanding access to this medication can save lives, especially in communities that have limited

  6. Anti-corruption policy in the system of legal measures

    Directory of Open Access Journals (Sweden)

    Tatyana Viktorovna Filonenko

    2015-09-01

    Full Text Available Objective to determine the scientificmethodological foundations of anticorruption policy. Methods dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anticorruption policy. The author39s model of anticorruption policy is based on the wide range of logical methods of information processing modeling abstraction analysis analogy. Scientific hypothesis and formal legal analysis were also used. Results basing on comparison of the recent theoreticallegal criminallegal and criminological research in the field of legal and anticorruption policy the scientificmethodological foundations of anticorruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anticorruption policy. The concept of legal policy its forms tools subjects and typesare discussed. As a result it becomes possible to describe the current anticorruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anticorruption policy as it allows to clearly see the gaps and shortcomings in lawmaking and law enforcement during the anticorruption policy implementation. Scientific novelty the article makes an attempt to describe the current anticorruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anticorruption policy development. The applied approach allows to bring together criminal law criminology and theoreticallegal research of anticorruption policy. nbsp

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

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

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

  8. Comment: Legal Liability as Climate Change Policy

    OpenAIRE

    Hilary Sigman

    2007-01-01

    Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

  9. Border Security and Military Support: Legal Authorizations and Restrictions

    National Research Council Canada - National Science Library

    Vina, Stephen R

    2006-01-01

    ... enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised. This report will be updated as warranted.

  10. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    http://www.nuigalway.ie/business-public-policy-law/school-of-law/students/cle/. .... ...clinical legal education of final year LLB students, with the focus on analytical ..... Spot tests and minute papers can be applied successfully during student ...

  11. American Legal Realism: Research Programme and Policy Impact

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2017-12-01

    Full Text Available The article addresses two questions:1. Can Legal Realism be seen as a scientific research programme enabling growth of knowledge? To answer that question, the author uses Lakatos’s  work on the methodology of scientific research programmes as a frame of reference.2. What has been the role of American Legal Realism during the first part of the 20th century in helping to develop and implement the New Deal policy vis-à-vis its scientific work?After outlining some characteristics of American Legal Realism and Lakatos’s concept, the author studies LR from this perspective and concludes that LR can at the maximum be seen as a research programme of a very rudimentary nature with largely only a focus on procedures/methods. Despite this conclusion, LR has been important in stimulating questions in which social science research and law came together. Next, the professor-realist-relationship that helped President Roosevelt to have his New Deal developed and implemented is also discussed. A downside of this ‘professor-realist-advisor-partnership’ may have been that a LR scientific research programme has not been developed. Given the increased visibility of New Legal Realism, the paper finally stresses the relevance of working with scientific research programmes and the importance of being on the alert when linking research to (legal policies.

  12. Some considerations on the legal qualification of the contracting authority

    Directory of Open Access Journals (Sweden)

    Ioana Panagoreț

    2016-12-01

    Full Text Available The present study makes an analysis of the concept of contracting authority in the context in which the legal definition of this concept leads, in several specific cases, to doubts and the impossibility of correct application of the law when one puts into discussion the local authorities and some legal persons of public law who have a well-defined legal status. Both situations create real difficulties in practice by the correct application of public procurement law so that it may challenge these parts of such public contracts even if they are of good faith and desire the fair enforcement of law.

  13. Criminal Policy Movements and Legal Education

    Directory of Open Access Journals (Sweden)

    Thula Rafaela de Oliveira Pires

    2016-10-01

    Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.

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

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

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

  15. The new legal basis of the EU's energy policy

    International Nuclear Information System (INIS)

    Farantouris, N.E.

    2011-01-01

    According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)

  16. Tacit Authorization : A Legal Solution for Administrative Silence

    NARCIS (Netherlands)

    Hoogstra, Nicole; de Graaf, K.J.

    2016-01-01

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

  17. Legal aspects of French nuclear policy

    Energy Technology Data Exchange (ETDEWEB)

    1975-06-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for arguing against its tests, albeit underground.

  18. Legal aspects of french nuclear policy

    International Nuclear Information System (INIS)

    Anon.

    1975-01-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for argueing against its tests, albeit underground [fr

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

    National Research Council Canada - National Science Library

    Davis, Jeffrey S

    1990-01-01

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

  20. The lawyer, legal education and population policies in Africa.

    Science.gov (United States)

    Uche, U U

    1976-09-01

    This paper analyses the relationship of the lawyer and legal education to policies of population dynamics in Africa. Lawyers have been reluctant to enter effectively into population studies and consequently are peripheral in influencing the formulation and implementation of population policies in Africa. This "unfortunate" situation reflects the varying attitudes of the lawyer to some aspects of population dynamics. The concept of Human Rights is examined as offering a suitable avenue for increased participation of lawyers into the formulation of population policies. The paper examines the structure of laws affecting parameters of population dynamics in Kenya and the extent to which Kenya's legal structure, as in some other African countries, is pegged to the legal system of their colonial governments. This factor, reinforced by traditional practices and socioeconomic factors, frustrate lawyers' attitudes. These attitudes can be changed by making population law an integral part of legal educational curricula. Breakdowns are given of lawyer's attitudes to fertility and abortion under specified conditions and descriptions of various case studies in Kenya, Sweden, Prague, Czechoslovakia, and England involving abortion laws. Contraception laws in Africa and health codes are detailed in order to trace how people's attitudes tend to frustrate the law, especially concerning veneral diseases. Laws concerning drugs, and especially spatial distribution (urban and rural migration) are described to show how lawyers can become involved in population law. The author's recommended law curriculum is given which emphasizes introductory preparation in the sociological, economic, demographic, health and sex education dimensions of the subject of population law in addition to study of all statutory provisions, orders, regulations, by laws and judicial decisions that have any bearing on population matters. Categories to be studied should include fertility regulation, family law

  1. The Legal and Policy Framework for Waste Disposition - Legal and policy framework for low level waste treatment and disposal

    International Nuclear Information System (INIS)

    Leech, Jonathan

    2014-01-01

    UK policy and strategy for the management of LLW has changed significantly in recent years, not least through development and implementation of the 'UK Strategy for the Management of Solid Low Level Radioactive Waste from the Nuclear Industry' as part of the UK Nuclear Decommissioning Authority's mission. This has influenced all aspects of LLW management in the UK, including metals recycling and VLLW disposal. The paper will outline the legal context for these changes in the UK and highlight how international conventions and legal frameworks have influenced these developments. In particular, the paper will look at the following important influences on choices for recycling and disposal of LLW and VLLW. - The Paris and Brussels Conventions on third party liabilities for nuclear damage; - on-going work to implement the 2004 Protocols to those conventions, including the impact on disposal sites and proposals to exclude VLLW disposal sites from liabilities regimes; - The Revised Waste Framework Directive and Waste Hierarchy; - Relevant European pollution prevention and control legislation and Best Available Techniques. (author)

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

    Directory of Open Access Journals (Sweden)

    Abu Rokhmad

    2017-12-01

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

  3. Federal Agency Scientific Integrity Policies and the Legal Landscape

    Science.gov (United States)

    Kurtz, L.

    2017-12-01

    Federal agencies have worked to develop scientific integrity policies to promote the use of scientific and technical information in policymaking, reduce special-interest influences, and increase transparency. Following recent allegations of agency misconduct, these policies are now more important than ever. In addition to setting standards, scientific integrity policies also provide avenues for whistleblowers to complain about perceived violations. While these policies have their shortcomings (which may differ by agency), they are also one of the better available options for upholding principles of scientific integrity within the federal government. A legal perspective will be offered on what sorts of issues might rise to the threshold to make an official complaint, and the process of actually making a complaint. Other legal avenues for complaining about scientific integrity violations will also be discussed, such as complaints filed with the U.S. Office of Special Counsel or an agency's Office of Inspector General, and bringing the matter to federal court.

  4. Legal Policy of Interfaith Marriage in Indonesia

    Directory of Open Access Journals (Sweden)

    Fathol Hedi

    2017-12-01

    Full Text Available Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.

  5. Policy, Legal and Regulatory Framework for Records Management ...

    African Journals Online (AJOL)

    Policy, Legal and Regulatory Framework for Records Management in the ... of any country and are essential to the administration of law in the justice system. ... as the Kenya Public Archives and Documentation Service Act Cap 19 of 1965; the ...

  6. Social Mechanisms in Elaborating Russian Educational Policy: Legal Monitoring

    Science.gov (United States)

    Gostev, Aleksandr N.; Turko, Tamara I.; Shchepanskiy, Sergey B.

    2016-01-01

    The article presents the results of legal monitoring and those of a sociological research on the efficiency of social mechanisms in Russian Federation education policy. The data obtained substantiates: the need for systematic improvement of Russian legislation in the education sector; revised notions and content of social mechanisms in Russian…

  7. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    various aspects of legal practice and engage in community service learning ... components, namely clinical duty, classroom teaching and clinician/student tutorial ..... Vawda YA "Learning from Experience: The Art and Science of Clinical Law" ... Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the.

  8. Allocation of authority in European health policy.

    Science.gov (United States)

    Adolph, Christopher; Greer, Scott L; Massard da Fonseca, Elize

    2012-11-01

    Although many study the effects of different allocations of health policy authority, few ask why countries assign responsibility over different policies as they do. We test two broad theories: fiscal federalism, which predicts rational governments will concentrate information-intensive operations at lower levels, and redistributive and regulatory functions at higher levels; and "politicized federalism", which suggests a combination of systematic and historically idiosyncratic political variables interfere with efficient allocation of authority. Drawing on the WHO Health in Transition country profiles, we present new data on the allocation of responsibility for key health care policy tasks (implementation, provision, finance, regulation, and framework legislation) and policy areas (primary, secondary and tertiary care, public health and pharmaceuticals) in the 27 EU member states and Switzerland. We use a Bayesian multinomial mixed logit model to analyze how different countries arrive at different allocations of authority over each task and area of health policy, and find the allocation of powers broadly follows fiscal federalism. Responsibility for pharmaceuticals, framework legislation, and most finance lodges at the highest levels of government, acute and primary care in the regions, and provision at the local and regional levels. Where allocation does not follow fiscal federalism, it appears to reflect ethnic divisions, the population of states and regions, the presence of mountainous terrain, and the timing of region creation. Copyright © 2012 Elsevier Ltd. All rights reserved.

  9. Policy administration in tag-based authorization

    NARCIS (Netherlands)

    Etalle, Sandro; Hinrichs, Timothy L.; Lee, Adam J.; Trivellato, Daniel; Zannone, Nicola

    2013-01-01

    Tag-Based Authorization (TBA) is a hybrid access control model that combines the ease of use of extensional access control models with the expressivity of logic-based formalisms. The main limitation of TBA is that it lacks support for policy administration. More precisely, it does not allow

  10. Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

    Science.gov (United States)

    Trinkner, Rick; Cohn, Ellen S

    2014-12-01

    Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  11. Policy designs for cannabis legalization: starting with the eight Ps.

    Science.gov (United States)

    Kilmer, Beau

    2014-07-01

    The cannabis policy landscape is changing rapidly. In November 2012 voters in Colorado and Washington State passed ballot initiatives to remove the prohibition on the commercial production, distribution, and possession of cannabis. This paper does not address the question of whether cannabis should be legal; it instead focuses on the design considerations confronting jurisdictions that are pondering a change in cannabis policy. Indeed, whether or not cannabis legalization is net positive or negative for public health and public safety largely depends on regulatory decisions and how they are implemented. This essay presents eight of these design choices which all conveniently begin with the letter "P": production, profit motive, promotion, prevention, potency, purity, price, and permanency.

  12. Legal aspects of the nuclear policy of the V Republic

    International Nuclear Information System (INIS)

    Colson, J.-P.

    1977-01-01

    Contrary to most other OECD Countries, France does not presently possess an outline Act governing all nuclear activities. The nuclear legal system stems mainly from a series of texts, most of which are of a regularoty nature. This governmental monopoly is apparent in three areas: definition of the principal options in nuclear policy, in particular regarding nuclear power generation; public utilities development and the role of CEA and EDF; overall determination of nuclear power plant siting. (NEA) [fr

  13. Authorization policy in a PKI environment

    Energy Technology Data Exchange (ETDEWEB)

    Thompson, Mary R.; Mudumbai, Srilekha S.; Essiari, Abdelilah; Chin, Willie

    2002-04-10

    The major emphasis of Public Key Infrastructure has been to provide a cryptographically secure means of authenticating identities. While there are a number of proposed standards for authorization structures and protocols based on X.509 or other key-based identities, none have been widely adopted. As part of an effort to use X.509 identities to provide authorization in highly distributed environments, we have developed and deployed an authorization service based on X.509 identified users and access policy contained in certificates signed by X.509 identified stakeholders. The major goal of this system, called Akenti, is to produce a usable authorization system for an environment consisting of distributed resources used by geographically and administratively distributed users.

  14. Authorization policy in a PKI environment

    International Nuclear Information System (INIS)

    Thompson, Mary R.; Mudumbai, Srilekha S.; Essiari, Abdelilah; Chin, Willie

    2002-01-01

    The major emphasis of Public Key Infrastructure has been to provide a cryptographically secure means of authenticating identities. While there are a number of proposed standards for authorization structures and protocols based on X.509 or other key-based identities, none have been widely adopted. As part of an effort to use X.509 identities to provide authorization in highly distributed environments, we have developed and deployed an authorization service based on X.509 identified users and access policy contained in certificates signed by X.509 identified stakeholders. The major goal of this system, called Akenti, is to produce a usable authorization system for an environment consisting of distributed resources used by geographically and administratively distributed users

  15. Introduction of low-osmolar contrast agents in radiology: medical, economic, legal, and public policy issues

    International Nuclear Information System (INIS)

    Jacobson, P.D.; Rosenquist, C.J.

    1988-01-01

    This case study of the public policy implications of introducing a new technology in radiology, namely, low-osmolar contrast media (LOCM), raises the issues of whether and how to place appropriate limits on new technologies. Although these contrast media represent small episodic costs, they may add up to an aggregate expenditure of nearly $1 billion per year if used for all contrast injections. As a result, this technology raises a number of important medical, economic, legal, and public policy questions. The cost-effectiveness analysis and an analysis of the medical evidence suggest that LOCM should be limited to high-risk patients. The authors discuss in this article how the legal system might respond to such limitations, and they consider various public policy options for adopting restrictions on use. They conclude that the medical profession should take the lead in developing protocols for appropriate assessment, reimbursement, and use of LOCM

  16. Clinical trials using a radiopharmaceutical investigational drug: What legal environment and what authorizations required?

    International Nuclear Information System (INIS)

    El-Deeb, G.; Nguon, B.; Tibi, A.; Rizzo-Padoin, N.

    2009-01-01

    Recent revision of the legal environment for clinical research in France provided an opportunity to review what a hospital needs to carry out clinical trials using a radiopharmaceutical investigational drug. Legal measures concerning radiopharmaceutical investigational drugs are indeed more complex than those of classical clinical trials because of the additional legal provisions governing the use of ionizing radiation. Thus, requirements by the concerned staff (sponsor, pharmacist, person in charge of the nuclear activity) are described here. (authors) [fr

  17. On the authority of the Federal Government to give directions in nuclear law licensing procedures - prerequisites and legal protection

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

    Due to the differences about the future energy policies between the big political parties there is a growing confrontation between the Federal Government and some Laender about granting licences for the erection and operation of nuclear plants. On this background the author deals with the legal problem if a Land was directed by the Federal Government to grant the atomic licence and the Land would file an appeal. (WG) [de

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

    Science.gov (United States)

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

    2013-08-01

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

  19. Forest carbon trading : legal, policy, ecological and aboriginal issues

    International Nuclear Information System (INIS)

    Elgie, S.

    2005-01-01

    Canada's forest ecosystems store 88 billion tonnes of carbon, with trees alone storing 13 billion tonnes, twice the global annual carbon emissions. Carbon trading could affect forest management. Certain types of forest carbon project will offer cost-effective carbon sequestration options. This paper addresses current concerns about forest carbon trading such as phony carbon gains, biodiversity impact and increased fossil fuel emissions. Statistics were presented with information on global carbon stocks. The Kyoto Protocol requires that Canada must count all changes in forest carbon stocks resulting from afforestation, reforestation or deforestation, and that Canada has the option of counting carbon stock changes from forest management. The decision must be made by 2006, and considerations are whether to present projected net source or sink, or whether to count current commercially managed areas or all timber productive areas. An outline of federal constitutional authority power regarding Kyoto was presented, including limits and risks of trade and treaty powers. The economics of forest carbon were outlined with reference to increasing forest carbon storage. A two-pronged approach was advised, with avoided logging and plantation and intensive management securing carbon and timber benefits. Examples of pre-Kyoto pilots were presented, including the SaskPower project, the Little Red River Cree project and the Labrador Innu project. The disadvantages of offset trading were presented. It was concluded that forest carbon markets are part of a larger vision for sustainable development in Canada's north, especially for aboriginal peoples, and may indicate a growing market for ecological services. Constitutional limits to federal power to regulate carbon trading are not insurmountable, but require care. Ownerships of forest carbon rights raises important policy and legal issues, including aboriginal right, efficiency and equity. An estimated cost of forest carbon projects

  20. The legal aspects of fetal protection policies in the workplace

    International Nuclear Information System (INIS)

    Jose, D.E.; Scott, E.K.

    1991-01-01

    The concerns of working women have received increasing attention from lawmakers, employers and women themselves as more and more American women enter the workforce. Fetal protection policies evidence a growing awareness by employers that their workplace poses special hazards to the unborn children of women workers. Yet, the fetal protection area is fraught with tension between legitimate competing concerns. Women expect equal employment opportunities, and employers are legally bound to provide equal treatment; however, these interests are challenged by women's desire to deliver healthy babies and employers' desire to avoid causing fetal defects or to be sued for naturally occurring genetic defects. Title 7 of the Civil Rights Act of 1964 and various state laws on fair employment practice embodies societal concerns for fairness in employment as it relates to fetal protection. Fetal protection policies are one example in which discriminatory practices are implicated since under such policies employers may refuse to hire or segregate previously hired pregnant women or women of child bearing age on the grounds that such exclusion or segregation is necessary to protect fetal health or the reproductive capacity of the female employee. A dilemma is presented to the employer of any nuclear workforce which includes women since the permissible dose for a man or woman is many times larger than the dose for a fetus

  1. 31 CFR 545.513 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 545.513 Section 545.513 Money and Finance: Treasury Regulations Relating to Money and Finance... issued on a case-by-case basis authorizing receipt from unblocked sources of payment of professional fees...

  2. 31 CFR 586.509 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 586.509 Section 586.509 Money and Finance: Treasury Regulations Relating to Money and Finance..., authorizing receipt, from unblocked sources, of payment of professional fees and reimbursement of incurred...

  3. 31 CFR 598.507 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 598.507 Section 598.507 Money and Finance: Treasury Regulations Relating to Money and Finance... case-by-case basis authorizing receipt from unblocked sources of payment of professional fees and...

  4. 31 CFR 587.507 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 587.507 Section 587.507 Money and Finance: Treasury Regulations Relating to Money and Finance...-case basis authorizing receipt from unblocked sources of payment of professional fees and reimbursement...

  5. UTILIZATION OF EVALUATION RESULTS IN LEGAL POLICY-MAKING AND ADMINISTRATION

    Directory of Open Access Journals (Sweden)

    Hellmut Wollmann

    2017-01-01

    Full Text Available The article is devoted to the analysis of evaluation method and its impact on legal policy development in governance, including in the area of law enforcement.The author outlines the importance of question whether, when and how the evaluation results of public policies, programs and measures has been utilized (or not utilized in policy making and policy implementation.In the pursuit of this guiding question the article will come in five steps.First, major variants of evaluation will be briefly presented particularly with an eye on their respective “utilization potential”.Second, different concepts will be sketched that have been forwarded to capture the utilization of social science generated knowledge by political, administrative and social actors. The author outlines a detailed description of types of evaluations: a retrospective, prelimi-nary, ongoing, interactive, – as well as existing concepts of application of its results.Third, looking at Germany, Switzerland and the European Union as “cases in point” perti-ent research findings will be discussed. The article also subjected to a detailed analysis of the experience of Germany, Switzerland and the European Union in the field of utilization of evaluation results.Fourth, a summary and conclusion will be given.Fifth, some remarks on pertinent research needs will be made.The author comes to the conclusion that that the rate of the utilization of evaluation-generated knowledge has so far turned out be, by and large, scarce. The author says that re-garding the politically crucial decisions the political rationality and its underlying political will of the decision-makers prevail while concerning less important decisions evaluation-generated evidence does show some effect and, hence, a dose of scientific rationality comes to the fore.There is also a need for further research on the subject of how should (and should not use assessment results when making legal and political decisions.

  6. Legal aspects of the EU policy on irregular immigration

    Directory of Open Access Journals (Sweden)

    Voinikov Vadim

    2015-12-01

    Full Text Available This article addresses the issues pertaining to the adoption and development of legislation on irregular migration in the context of uncontrolled growth in the number of immigrants from North Africa and the Middle East to the EU. The article attempts at studying the EU legislation on irregular migration, classifying it, and analysing the prospects of EU migration legislation in the light of an increase in irregular immigration into the EU. The author systematises, classifies the current EU legislation on irregular immigration, and analyses the conditions, in which this legislation was developed. Using the legislation analysis method, the author proposes the following system of EU legislation on irregular immigration: rules preventing assistance to irregular immigration, rules preventing employment of irregular immigrants, rules on the return of irregular migrants and readmission, rules on border control, and rules on collaboration with third countries. The author pays special attention to analysing the current state of irregular immigration to the EU, which was dubbed the ‘greatest migration crisis in Europe’. The conclusion is that the European Union succeeded in the development of pioneering legislation on irregular immigration, which can serve as the basis for reception by other states. However, changes in the political and economic situation in the EU’s southern borderlands made the current legal mechanisms incapable of withstanding new threats. It necessitates a radical reform of the legislation on irregular immigration.

  7. Evolution of the policy of legal regulation on public procurement in Lithuania

    OpenAIRE

    Ambrazevičienė, Rima

    2004-01-01

    This article aims to present in overview of the evolution of the policy of legal regulations on public procurement in Lithuania in 1990-2004. The public procurement policy in this article is understood as the concept, principles and main aims of legal regulation on this sphere. According to some scientific researchers there are two major paradigm shifts of public procurement policy in the world - a shift from internal processes to value adding benefits and a shift to opening up of public purc...

  8. Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Natalia Saitarli

    2015-08-01

    Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

  9. Classification of economic and legal remedies for the realization of the state regional policy

    Directory of Open Access Journals (Sweden)

    Лілія Сергіївна Тертишна

    2017-09-01

    Full Text Available The article is devoted to the study of the economic and legal mechanism for ensuring the functioning of the state regional policy in Ukraine. The existing legal and regulatory framework on the availability in it necessary and sufficient conceptual apparatus, a list of economic and legal items or the effective implementation of the state regional policy is analyzed. The main defects of the legislation regulating the state regional policy are defined. State regional policy is a fragment of social and economic policies in the scale of its specific administrative units – regions, and in content – by the means of a synthesis of economic and legal methods aimed at solving problems of state investment, innovation, foreign trade, sectoral policies, where the economic and legal means are regarding the economic part of this policy. It was substantiated that the efficiency of national regional policy depends on how successfully the state can combine and integrate all the directions and types of policies and especially their economic and legal means. It is established, that the general means of state regulation are defined in the Commercial Code of Ukraine as a key. However, there is a need to identify and consolidate the entire system of economic and legal means of state regulation that can be applied in the implementation of the state regional policy and to determine the specific implementation mechanisms. It was found that for all state regional policy objects the universal are such economic law enforcement actions as a public-private partnership and special modes of management.

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

    Science.gov (United States)

    Eckes, Suzanne E.

    2017-01-01

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

  11. Racial, Ethnic, or National Minority? Legal Discourses and Policy Frameworks on the Roma in Hungary and Beyond

    Directory of Open Access Journals (Sweden)

    Andras L. Pap

    2015-09-01

    Full Text Available Inspired by recent Hungarian legislative developments that, in reference to the Roma minority, exchanged the term “ethnic minority” with “nationality”, by providing a detailed case study of the development and morphology of policy measures and frameworks in Hungary, the article provides a general assessment of the relationship between policy instruments and terminology: that is, definitions and conceptualizations in international and domestic legal and policy documents for minority groups. The author argues that while terminology in itself is not a reliable signifier for policy frameworks, it may reveal contradictory group conceptualization and inconsistent policy-making. In regards to the Roma, the author claims that the inconsistent labelling as an ethnic, racial and national minority reflects the lack of consistent conceptualization of who the Roma are, and what should be done with them.

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

    Directory of Open Access Journals (Sweden)

    Bakardzhiev Ya. V.

    2015-04-01

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

  13. Public Health and Legal Arguments in Favor of a Policy to Cap the Portion Sizes of Sugar-Sweetened Beverages.

    Science.gov (United States)

    Roberto, Christina A; Pomeranz, Jennifer L

    2015-11-01

    In 2012, the New York City Board of Health passed a regulation prohibiting the sale of sugar-sweetened beverages in containers above 16 ounces in the city's food service establishments. The beverage industry and various retailers sued the city to prevent enforcement of the law, arguing that the board had overstepped its authority. In June 2014, the state's highest court agreed and struck down the regulation. Here we report the results of a content analysis of the public testimony related to the case submitted to the New York City Department of Mental Health and Hygiene. We identified major arguments in support of and against the sugar-sweetened beverage portion limit policy. We offer legal and scientific arguments that challenge the major anti-policy arguments and contend that, although this policy was not implemented in New York City, it can be legally pursued by other legislatures.

  14. Semantic Legal Policies for Data Exchange and Protection across Super-Peer Domains in the Cloud

    Directory of Open Access Journals (Sweden)

    Kua-Ping Cheng

    2012-10-01

    Full Text Available In semantic policy infrastructure, a Trusted Legal Domain (TLD, designated as a Super-Peer Domain (SPD, is a legal cage model used to circumscribe the legal virtual boundary of data disclosure and usage in the cloud. Semantic legal policies in compliance with the law are enforced at the super-peer within an SPD to enable Law-as-a-Service (LaaS for cloud service providers. In addition, cloud users could query fragmented but protected outsourcing cloud data from a law-aware super-peer, where each query is also compliant with the law. Semantic legal policies are logic-based formal policies, which are shown to be a combination of OWL-DL ontologies and stratified Datalog rules with negation, i.e., so-called non-monotonic cq-programs, for policy representation and enforcement. An agent at the super-peer is a unique law-aware guardian that provides protected data integration services for its peers within an SPD. Furthermore, agents at the super-peers specify how law-compliant legal policies are unified with each other to provide protected data exchange services across SPDs in the semantic data cloud.

  15. Tools to Help Society in Decision Making: Legal and Policy Trends. Proceedings of a Topical Session

    International Nuclear Information System (INIS)

    Vari, Anna; Caddy, Joanne; ); Kotra, Janet P.; Pancher, Bertrand; Tromans, Stephan

    2009-01-01

    As part of its programme of work the OECD/NEA Forum on Stakeholder Confidence continues to investigate the theme of 'Tools and Processes to Help Society in Decision Making'. Following a presentation in June 2007 of environmental law and its implications for stakeholder involvement in decision making, the FSC decided to take a look at a variety of legal and policy issues. In particular, interest was expressed in seeing how law and policy may define which stakeholders must be consulted or engaged, and to consider when and whether that is helpful. A topical session was held on June 5, 2008 during the FSC's ninth regular meeting. Case studies were presented from the US, the UK, and France. An international survey of means for open and inclusive policy making was presented by the OECD Government directorate. The results of a questionnaire filled by FSC members served as the basis of the introductory presentation. Two sub-groups retired to discuss the material and a Rapporteur from each delivered feedback in plenary. These proceedings include a summary of the findings and discussions (Anna Vari), and the slides (some with accompanying text) provided for each case study: 1 - Open and Inclusive Policy Making: Emerging Practice in OECD Countries (Joanne Caddy); 2 - Deciding Whether to Authorized Construction at Yucca Mountain Explaining NRC's Process (Janet P. Kotra); 3 - Rights and Obligations under International Conventions (Stephan Tromans); 4 - Setting Criteria for the Representativeness of NGO/CSOs: Report on Hearings at the Request of France's Prime Minister (Bertrand Pancher)

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

    Science.gov (United States)

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

    2015-03-01

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

  17. 45 CFR 2544.105 - What is the legal authority for soliciting and accepting donations to the Corporation?

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false What is the legal authority for soliciting and accepting donations to the Corporation? 2544.105 Section 2544.105 Public Welfare Regulations Relating to... DONATIONS § 2544.105 What is the legal authority for soliciting and accepting donations to the Corporation...

  18. The atomic policy consensus as legally binding contract; Der Atomkonsens als rechtsverbindlicher Vertrag. Gutachten im Rahmen des ICSID-Schiedsverfahrens Vattenfall v. Germany im Auftrag der Vattenfall AB

    Energy Technology Data Exchange (ETDEWEB)

    Kischel, Uwe

    2017-07-01

    The booklet on the atomic policy consensus as legally binding contract covers the following issues: legal prerequisites for legal binding, interpretation viewpoints, possible further aspect of the legal binding.

  19. 78 FR 63203 - Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the...

    Science.gov (United States)

    2013-10-23

    ... Holloway, Assistant General Counsel, or Margaret Forman, Attorney, 999 E Street NW., Washington, DC 20463... FEDERAL ELECTION COMMISSION [Notice 2013-14] Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the Commission AGENCY: Federal Election Commission. ACTION: Policy statement...

  20. 76 FR 45798 - Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the...

    Science.gov (United States)

    2011-08-01

    ... CONTACT: Lorenzo Holloway, Assistant General Counsel, or Allison T. Steinle, Attorney, 999 E Street, NW... FEDERAL ELECTION COMMISSION [Notice 2011-11] Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the Commission AGENCY: Federal Election Commission. ACTION: Policy Statement...

  1. The Legal Policy of Corporation Legal Standing as Rechtspersoon at Indonesian Criminal Justice System

    OpenAIRE

    Maryono Maryono; Yuhelson Yuhelson

    2016-01-01

    Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by bus...

  2. THE FUNCTIONING OF THE BOARDS OF NORMATIVISM: ECONOMIC AND LEGAL AT LOCAL AUTHORITY LEVEL

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    Full Text Available Public administration is an area with particularly social impact over all members of society. In the autonomous administrative authorities, local councils have important responsibilities in the organization of local community life. Within these councils several specialized committees operate and those that have the highest volume of activity are usually economic and legal committee. Their role is to filter out under a particular form, the specific procedure being the approval of local initiatives in the field of specific activity, namely economic and financial and legal. The effects of this operation need to be reflected in the adoption of decisions that meet not only the initiator's intentions, but also the point of view of local elected officials who are specialized in a particular area and reunited within the previous committees.

  3. Legal policy justification for the crime of non-covered use of payment cards

    Directory of Open Access Journals (Sweden)

    Vuković Igor

    2014-01-01

    Full Text Available In this paper the authors discuss the legal policy reasons for the crime of non-covered use of payments cards (Criminal Code, Art. 228(1. In the first part of the paper the ratio legis of this crime is explained. It is concluded that the non-covered use of payment cards deserves to be criminally sanctioned only when, based of the card's use, the card issuer becomes personally liable for payment to the third party not privy to the contract between the issuer and the card-holder. Conversely, criminal proscribing is not justified when debit cards are used at the point-of-sale or the ATM of another bank, since here the issuer authorizes the payment transaction and thereby participates in assuming his own obligation to pay to the third party. The second part of the paper contains critical analysis of the proscribed non-covered use of payment cards in the Serbian Criminal Code. In this respect the authors show the lack of clarity and certain discrepancies with the explained ratio legis of such a crime. Based on the comprehensive analysis of the issues regarding the justification of criminal proscribing in this field, in the last part of the paper the authors suggest possible solutions de lege ferenda.

  4. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  5. Local authorities in the context of energy and climate policy

    International Nuclear Information System (INIS)

    Comodi, Gabriele; Cioccolanti, Luca; Polonara, Fabio; Brandoni, Caterina

    2012-01-01

    Several measures to boost the energy system towards a low-carbon future can be planned and implemented by local authorities, such as energy-saving initiatives in public buildings and lighting, information campaigns, and renewable energy pilot projects. This work analyzes the public administration's role in energy and climate policies by assessing carbon-lowering measures for properties and services managed directly by local governments in central Italy. Both short- and long-term schemes were considered in the analysis of local authority energy strategies. The MARKAL-TIMES energy model was applied to long-term energy planning to assess the effect of low-carbon initiatives on public-sector energy consumption up to 2030. Two energy scenarios were built, i.e. a Business As Usual (BAU) scenario based on current or soon-to-be-adopted national policies, and an Exemplary Public Scenario (EPS) including some further virtuous local policies suggested by local authorities. Our results show that a 20% primary energy reduction can be achieved with respect to the baseline year by means of short-term energy policies (5-year time span), while a primary energy saving of about 30% can be reached with longer-term energy policies (25-year time span), even after taking the increase in energy demand into account. This work goes to show the part that local governments can play in energy policy and their contribution to the achievement of climate goals. - Highlights: ► Assessment of Local Administration (LA) role in energy and climate policy. ► Analysis of both short-term and long-term carbon lowering measures. ► Use of MARKAL-TIMES model generator for long-term energy analysis. ► 20% primary energy reduction can be reached with short-term energy policies. ► 30% primary energy reduction can be reached with longer-term energy policies.

  6. Community-level policy responses to state marijuana legalization in Washington State.

    Science.gov (United States)

    Dilley, Julia A; Hitchcock, Laura; McGroder, Nancy; Greto, Lindsey A; Richardson, Susan M

    2017-04-01

    Washington State (WA) legalized a recreational marijuana market - including growing, processing and retail sales - through voter initiative 502 in November 2012. Legalized recreational marijuana retail sales began in July 2014. In response to state legalization of recreational marijuana, some cities and counties within the state have passed local ordinances that either further regulated marijuana markets, or banned them completely. The purpose of this study is to describe local-level marijuana regulations on recreational retail sales within the context of a state that had legalized a recreational marijuana market. Marijuana-related ordinances were collected from all 142 cities in the state with more than 3000 residents and from all 39 counties. Policies that were in place as of June 30, 2016 - two years after the state's recreational market opening - to regulate recreational marijuana retail sales within communities were systematically coded. A total of 125 cities and 30 counties had passed local ordinances to address recreational marijuana retail sales. Multiple communities implemented retail market bans, including some temporary bans (moratoria) while studying whether to pursue other policy options. As of June 30, 2016, 30% of the state population lived in places that had temporarily or permanently banned retail sales. Communities most frequently enacted zoning policies explicitly regulating where marijuana businesses could be established. Other policies included in ordinances placed limits on business hours and distance requirements (buffers) between marijuana businesses and youth-related land use types or other sensitive areas. State legalization does not necessarily result in uniform community environments that regulate recreational marijuana markets. Local ordinances vary among communities within Washington following statewide legalization. Further study is needed to describe how such local policies affect variation in public health and social outcomes

  7. An Examination of the Legal Authority for the 1999 NATO Air Campaign Against the Federal Republic of Yugoslavia

    National Research Council Canada - National Science Library

    Magnan, Richard

    2000-01-01

    ...?s use of force against the Federal Republic of Yugoslavia (FRY). My objective for this article is to investigate the legal authority for NATO's use of force against the FRY during the Kosovo air campaign...

  8. Public Policy Environment: legalization and judicial activism for sustainable development

    Directory of Open Access Journals (Sweden)

    Belinda Pereira da Cunha

    2017-04-01

    Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, it sought to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development. The methodology used was a literature review and secondary data collection. It was noticed a different activism in the face of environmental issues.

  9. Emerging Water Contaminants: Technical, Legal and Policy Challenges

    Science.gov (United States)

    Deeb, R. A.; Kresic, N.; Laugier, M. C.; Kavanaugh, M. C.

    2002-12-01

    Approximately 120 new chemicals are created each year due to ever-improving industry and technology markets. Releases of new contaminants into the environment can occur during production, use and disposal of these chemicals thereby leading to potential contamination of water supply sources. Very few emerging contaminants are regulated. In addition, knowledge gaps regarding emerging contaminants include lack health effects, occurrence (either because these compounds are not measured or because concentrations are below detection limits of readily available analytical techniques) and fate and transport in the environment especially with regards to mobility and persistence. The sources of these compounds are numerous. One source is treated wastewater, which is re-injected into groundwater aquifers for indirect potable reuse purposes. Emerging compounds of concern can be classified in various classes. This presentation will focus on contaminants, which have emerged in the last 10 years including pharmaceuticals (antibiotics/drugs), personal care products (polycyclic musks), pesticides/herbicides, industrial solvents (1,4-dioxane), gasoline additives (MTBE), disinfection byproducts such as NDMA (N-nitrosodimethylamine), and inorganic compounds such as perchlorate and arsenic. This presentation will present technical, legal and legislative challenges posed by the presence of these contaminants in water. Background information including chemical's history of use, sources in the environments, nationwide occurrence, physical and chemical properties, behavior in the environment and technologies for removal from soil and water will be presented. In addition, case studies on MTBE, pharmaceuticals and personal care products, 1,4-dioxane, arsenic and NDMA will be discussed.

  10. Climate paradox of the G-8: legal obligations, policy declarations and implementation gap

    Directory of Open Access Journals (Sweden)

    Hans Guenter Brauch

    2012-01-01

    Full Text Available This article analyzes the climate policy performance of the G-8 from 1992 to 2012 based on their legal commitments (Annex-1 and Annex-B countries under the UNFCCC (1992 and the Kyoto Protocol (1997 and their policy declarations on their GHG reduction goals until 2050. A climate paradox has emerged due to a growing implementation gap in Canada, USA and Japan, while Russia, Germany, UK, France and Italy fulfilled their GHG reduction obligation.

  11. Violence and Legalized Brothel Prostitution in Nevada: Examining Safety, Risk, and Prostitution Policy

    Science.gov (United States)

    Brents, Barbara G.; Hausbeck, Kathryn

    2005-01-01

    This article examines violence in legalized brothels in Nevada. Debates over prostitution policies in the United States have long focused on questions of safety and risk. These discourses inevitably invoke the coupling of violence and prostitution, though systematic examinations of the relationship between the two are sparse. This article explores…

  12. Discrimination in Legal Practice: An Examination of Policies Impacting on Educational Opportunities for Women

    Science.gov (United States)

    Cavanagh, Jillian; Fisher, Ron

    2008-01-01

    Purpose: This research aims to extend the traditional cultural divide between male and female lawyers by examining contradictory workplace policies that discriminate against the work and education of female auxiliary workers within general legal practice in Australia. Design/methodology/approach: The study uses membership categorisation devices,…

  13. Legal and Policy Issues for LGBT Patients with Cancer or at Elevated Risk of Cancer.

    Science.gov (United States)

    Cahill, Sean R

    2018-02-01

    To understand the major legal and policy issues for lesbian, gay, bisexual and transgender (LGBT) cancer patients. LGBT health policy research. Major policy issues include discrimination, lack of cultural competency and clinically appropriate care, insurance coverage, family recognition, and sexual orientation and gender identity data collection. Nurses play a major role in providing affirming and competent care to LGBT cancer patients. Using correct names and pronouns with transgender patients, and collecting sexual orientation and gender identity data can send an affirming message to LGBT patients, as well as inform decision support and preventive screenings, and improve treatment outcomes. Copyright © 2017 Elsevier Inc. All rights reserved.

  14. [The contributions of local authorities to regional public health policy].

    Science.gov (United States)

    de Maria, Florence; Grémy, Isabelle

    2009-01-01

    Local authorities in France are key players in shaping public health policy by their action on the determinants of health and through their actions aimed at specific population groups. Since the public health act of 9 August 2004 establishing the first regional public health plans, their level of involvement and role continues to grow as coordinators, funders and project managers within the greater Paris metropolitan region. Their active participation in regional policy to improve population health and reduce inequalities in health has led to a better organization of the public health programs implemented (in terms of visibility, dialogue, coordination, transparency, and better awareness of context and integration of local issues). Their participation is also a source of innovation resulting in the proposal and use of new approaches (such as the development of health surveillance and observation for advising the local decision-making process). Within the current context of the "Hospitals, patients, health and territories" bill, which entrusts the governance of regional health policy to a specific agency, the role given to local authorities in this new organizational structure must be clearly defined to take into account all of their existing and potential contributions to public health policy.

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

    Science.gov (United States)

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

    2018-01-01

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

  16. Marijuana policy opinions in Washington state since legalization: Would voters vote the same way?

    Science.gov (United States)

    Subbaraman, Meenakshi Sabina; Kerr, William C

    2016-12-01

    In 2012, voters in Washington state approved Initiative 502 (I-502) which legalized recreational marijuana use at the state level. This study examines the relationship between demographics, marijuana and alcohol use, and voting outcomes, as well as how these variables relate to (i) whether voters would still vote the same way (a reflection of satisfaction with the new policy) and (ii) the likelihood of using marijuana purchased from legal retail stores. The sample consists of 2,007 adult Washington state residents recruited through Random Digit Dial between January and October 2014. Bivariate tests and multivariable regressions were used for analyses. Less than five percent of those who voted for marijuana legalization would change their votes, whereas 14% of those who voted against legalization would change their votes. In multivariable models controlling for demographics, substance use, and marijuana-related opinions, those who voted for legalization had half the odds of changing their votes than those who voted against it. Among past-year non-marijuana users, almost 10% were somewhat/very likely to use marijuana if they could buy it from a legal store. Past marijuana use, the belief that adults should be allowed to grow marijuana for personal use, and the belief that marijuana is not very risky for health were all related to increased likelihood of using marijuana purchased from legal stores. Since November 2012, support for marijuana legalization in Washington state has increased; accounting for the proportion of voters who would change their votes suggests that I-502 would pass today with even more votes in favor.

  17. Rating the Raters: Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics

    Science.gov (United States)

    2000-01-01

    There are three areas of potential legal exposure for an organization such as a trustmark authority involved in e-health quality rating. First, an e-health provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on e-health data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the e-health data provider, questions may arise as to the possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations, and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, the introduction of legislation. PMID:11720941

  18. Rating the "Raters": Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics

    Science.gov (United States)

    Terry, Nicolas P

    2000-01-01

    There are three areas of potential legal exposure for an organization such as a trustmark authority involved in ehealth quality rating. First, an ehealth provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on ehealth data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the ehealth data provider, questions may arise as to possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, legislation.

  19. The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy?

    Directory of Open Access Journals (Sweden)

    Vidya Prahassacitta

    2016-10-01

    Full Text Available The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.

  20. Offshore wind energy development in the exclusive economic zone. Legal and policy supports and impediments in Germany and the US

    International Nuclear Information System (INIS)

    Portman, Michelle E.; Duff, John A.; Koeppel, Johann; Reisert, Jessica; Higgins, Megan E.

    2009-01-01

    The development of renewable energy as a major component of efforts to combat climate change serves as the impetus for the location of energy production facilities in coastal ocean space. Yet, while many coastal nations see offshore renewable energy development as an important way forward, the speed and manner in which these efforts take shape vary dramatically. This paper assesses the role of coastal nations' domestic legal and policy frameworks in the siting of offshore renewable energy facilities in areas under federal jurisdiction. It focuses on two nations - Germany and the United States. Both have articulated their interest in renewable offshore energy, but while Germany has approved many offshore sites, recent US proposals have for the most part stalled. Based on a review of legal and policy documents, laws and regulations, academic literature, and interviews, this research identifies and compares factors that figure most prominently for the development of offshore renewable energy policies. Comparisons are organized under four categories: the regulatory framework, the public's role in siting, targeted economic mechanisms, and indirect mechanisms. The paper concludes with observations about prominent supports and impediments and suggestions for further research. (author)

  1. Legal Sentience and the Problem of the Instant: A Critical Assessment of the Temporal Structure of Precedent and its Implications for Legal Authority

    OpenAIRE

    Wargan, Pawel

    2015-01-01

    This paper assesses the authority of precedent from a phenomenological standpoint. Phenomenology distinguishes between two temporal models. One describes time in an idealised form, as a divisible chain of instants or events. The other looks at lived temporality as fluid and indivisible duration. In the system of precedent, we witness an interaction of both models. The legal order is constructed from slices in time that become the building blocks of future judgments. Precedents are binding for...

  2. The Effects of Formal Legal Pluralism on Indigenous Authorities in the Ecuadorian Highlands

    NARCIS (Netherlands)

    Simon Thomas, Marc

    This article analyzes the different ways that formal legal pluralism is perceived and utilized in Ecuador, where a legal void has resulted from a combination of the constitutional recognition of customary law in 1998 and the subsequent failure to develop coordinating rules that would define the

  3. Enriched namespace to support content-aware authorization policies

    International Nuclear Information System (INIS)

    Ghiselli, A; Stagni, F; Magnoni, L; Riccardo, Z

    2008-01-01

    In the near future, data on the order of hundreds of Petabytes will be spread in multiple storage systems worldwide dispersed in, potentially, billions of replicated data items. Users, typically, are agnostic about the location of their data and they want to get access by either specifying logical names or using some lookup mechanism. A global namespace is a logical layer that allows the view of data resources independently from the physical location. Usually, the naming scheme is designed to be easily interpreted by humans and it is organized into a purely user-defined directory hierarchy. Within this model, a data resource is uniquely addressed by file name and path. Nevertheless, this hierarchical structures of logical namespace lacks adequate flexibility to manage sophisticated organization of data. In particular the implicit classification of the data item derived from the path is not enough meaningful to classify data objects when different orthogonal dimensions are considered. In this paper we expose an enriched namespace able to support a new type of data access authorization policy based on tags. The tags are organized in well-defined hierarchies providing a simple representation of the domain ontology. Only authorized users can label data resources with different tags taken from the domain tag hierarchies. In this way an overlay of classical hierarchical structure of logical namespace with faceted hierarchical tags provides a semantics classification of data entities. Authorization policies defined in respect of tags are content-aware

  4. Enriched namespace to support content-aware authorization policies

    Energy Technology Data Exchange (ETDEWEB)

    Ghiselli, A; Stagni, F [INFN Ferrara, Via Saragat, 1 I44100, Ferrara (Italy); Magnoni, L; Riccardo, Z, E-mail: antonia.ghiselli@cnaf.infn.it, E-mail: luca.magnoni@cnaf.infn.it, E-mail: riccardo.zappi@cnaf.infn.it, E-mail: federico.stagni@fe.infn.it

    2008-07-15

    In the near future, data on the order of hundreds of Petabytes will be spread in multiple storage systems worldwide dispersed in, potentially, billions of replicated data items. Users, typically, are agnostic about the location of their data and they want to get access by either specifying logical names or using some lookup mechanism. A global namespace is a logical layer that allows the view of data resources independently from the physical location. Usually, the naming scheme is designed to be easily interpreted by humans and it is organized into a purely user-defined directory hierarchy. Within this model, a data resource is uniquely addressed by file name and path. Nevertheless, this hierarchical structures of logical namespace lacks adequate flexibility to manage sophisticated organization of data. In particular the implicit classification of the data item derived from the path is not enough meaningful to classify data objects when different orthogonal dimensions are considered. In this paper we expose an enriched namespace able to support a new type of data access authorization policy based on tags. The tags are organized in well-defined hierarchies providing a simple representation of the domain ontology. Only authorized users can label data resources with different tags taken from the domain tag hierarchies. In this way an overlay of classical hierarchical structure of logical namespace with faceted hierarchical tags provides a semantics classification of data entities. Authorization policies defined in respect of tags are content-aware.

  5. The Concept of Extraordinary Crime in Indonesia Legal System: is the Concept an Effective Criminal Policy?

    OpenAIRE

    Prahassacitta, Vidya

    2016-01-01

    The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two le...

  6. Security, development and human rights: normative, legal and policy challenges for the international drug control system.

    Science.gov (United States)

    Barrett, Damon

    2010-03-01

    This commentary addresses some of the challenges posed by the broader normative, legal and policy framework of the United Nations for the international drug control system. The 'purposes and principles' of the United Nations are presented and set against the threat based rhetoric of the drug control system and the negative consequences of that system. Some of the challenges posed by human rights law and norms to the international drug control system are also described, and the need for an impact assessment of the current system alongside alternative policy options is highlighted as a necessary consequence of these analyses. Copyright (c) 2010 Elsevier B.V. All rights reserved.

  7. Brain death determination: the imperative for policy and legal initiatives in Sub-Saharan Africa.

    Science.gov (United States)

    Waweru-Siika, Wangari; Clement, Meredith Edwards; Lukoko, Lilian; Nadel, Simon; Rosoff, Philip M; Naanyu, Violet; Kussin, Peter S

    2017-05-01

    The concept of brain death (BD), defined as irreversible loss of function of the brain including the brainstem, is accepted in the medical literature and in legislative policy worldwide. However, in most of Sub-Saharan Africa (SSA) there are no legal guidelines regarding BD. Hypothetical scenarios based on our collective experience are presented which underscore the consequences of the absence of BD policies in resource-limited countries (RLCs). Barriers to the development of BD laws exist in an RLC such as Kenya. Cultural, ethnic, and religious diversity creates a complex perspective about death challenging the development of uniform guidelines for BD. The history of the medical legal process in the USA provides a potential way forward. Uniform guidelines for legislation at the state level included special consideration for ethnic or religious preferences in specific states. In SSA, medical and social consensus on the definition of BD is a prerequisite for the development BD legislation. Legislative policy will (1) limit prolonged and futile interventions; (2) mitigate the suffering of families; (3) standardise clinical practice; and (4) facilitate better allocation of scarce critical care resources in RLCs. There is a clear-cut need for these policies, and previous successful policies can serve to guide these efforts.

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

    Directory of Open Access Journals (Sweden)

    Staicu Daniela

    2017-07-01

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

  9. R and D policy of the Hungarian Atomic Energy Authority

    International Nuclear Information System (INIS)

    Berki, Tamas; Macsuga, Geza; Neubauer, Istvan

    2010-01-01

    The Hungarian Atomic Energy Authority (HAEA) is authorised by the prescriptions of the law on Atomic Energy to support research and development activities in those scientific and technical areas, which primarily contribute to performing the nuclear safety regulatory responsibility and improving effectiveness and efficiency of licensing, inspection and assessment activities. HAEA's Research and Development program is an essential one: it is run on significant financial resources and with the involvement of a wide range of Technical Support Organisations (TSO). Therefore appropriate priorities have to be applied and directions have to be followed when decisions are made on activities to be supported by the HAEA. These priorities and strategic directions for the R and D activities are defined in the Research and Development Policy of HAEA, which was lastly revised in 2008. The report introduces the summary evaluation and major results of R and D activities sponsored by the HAEA in the previous 2005-2008 cycle and the directions and general elements of the R and D Policy of the ongoing period 2009-2012. (author)

  10. Nigeria's energy policy: Inferences, analysis and legal ethics toward RE development

    International Nuclear Information System (INIS)

    Ajayi, Oluseyi O.; Ajayi, Oluwatoyin O.

    2013-01-01

    The study critically assessed the various policy issues of sustainable energy development in Nigeria. The basic focus was to discuss and analyze some of the laws of the federation as it relates to the development of Renewable Energy in Nigeria. It surveyed the nation's energy policy statement and the vision 20:2020 of the federal government. The Renewable Energy Master Plan developed by the joint efforts of the Energy Commission of Nigeria and United Nations Development Programs were also appraised. The level of development and the index of renewable energy production as stated by the policy statement, the vision 20:2020 and the Renewable Energy Master Plan were highlighted. The study found some policy challenges which include weak government motivation, lack of economic incentives, multiple taxations, non-existent favorable customs and excise duty act to promote renewable energy technologies. Further to this, some legal reforms which may aid the promotion of renewable energy development in Nigeria and also make robust the nation's energy policy were proposed. Some of the laws that require amendment to promote renewable energy include the land use act, environmental impact assessment decree and the investment laws of the federation of Nigeria. - Highlights: • The study exposed the energy policy issues of Nigeria. • The various policy documents and the energy statement of vision 20:2020 were surveyed. • Various challenges impinging growth or renewable energy were highlighted. • Some suggestions for policy reformation were proposed

  11. Reducing the Density and Number of Tobacco Retailers: Policy Solutions and Legal Issues.

    Science.gov (United States)

    Ackerman, Amy; Etow, Alexis; Bartel, Sara; Ribisl, Kurt M

    2017-02-01

    Because higher density of tobacco retailers is associated with greater tobacco use, U.S. communities seek ways to reduce the density and number of tobacco retailers. This approach can reduce the concentration of tobacco retailers in poorer communities, limit youth exposure to tobacco advertising, and prevent misleading associations between tobacco and health messaging. Communities can reduce the density and number of tobacco retailers by imposing minimum distance requirements between existing retailers, capping the number of retailers in a given geographic area, establishing a maximum number of retailers proportional to population size, and prohibiting sales at certain types of establishments, such as pharmacies, or within a certain distance of locations serving youth. Local governments use direct regulation, licensing, or zoning laws to enact these changes. We analyze each approach under U.S. constitutional law to assist communities in selecting and implementing one or more of these methods. There are few published legal opinions that address these strategies in the context of tobacco control. But potential constitutional challenges include violations of the Takings Clause of the Fifth Amendment, which protects property owners from onerous government regulations, and under the Fourteenth Amendment's Equal Protection and Due Process Clauses, which protect business owners from arbitrary or unreasonable regulations that do not further a legitimate government interest. Because there is an evidentiary basis linking the density of tobacco retailers to smoking rates in a community, courts are likely to reject constitutional challenges to carefully crafted laws that reduce the number of tobacco retailers. Our review of the relevant constitutional issues confirms that local governments have the authority to utilize laws and policies to reduce the density and number of tobacco retailers in their communities, given existing public health data. The analysis guides policy

  12. A Legal Analysis of Federal Disability Law as Related to Emerging Technology: Guidelines for Postsecondary Leadership, Policy, and Practice

    Science.gov (United States)

    Ford, Roderick Dwayne

    2014-01-01

    This dissertation identified and described the legal requirements imposed by federal disability mandates and case law related to emerging technology. Additionally, the researcher created a legal framework (guidelines) for higher education institutions to consider during policy development and implementation of emerging technology by providing an…

  13. School Library Policy and Legal Opinions of Texas Public School Principals and Certified Librarians

    Directory of Open Access Journals (Sweden)

    Andrew Shupala

    2006-09-01

    Full Text Available This study involved a survey of the attitudes of Texas public school principals and certified librarians, perceptions andexperiences with regard to school library policy for media selection, and procedures for responding to complaints againstlibrary media. Analysis of the data included a methodology of mixed-methods explanatory design. Selection of the principalsand certified librarians was proportionate and stratified according to the state's 20 Education Service Centerregions. Of the 1,036 independent school districts that employed the state population of 10,014 principals and certifiedlibrarians, 275 independent school districts (26.5 percent allowed participation in the survey. Although random samplingof the state population had not been possible, the demographic and employment characteristics of the study samplewere comparable to those of the state population. Two key findings were (a that the legal opinions of principals andcertified librarians were useful predictors of their opinions of library media selection policy and complaint proceduresand (b that the principals' appreciation of selection policy and complaint procedures sometimes differed from the librarians'because of the principals' different legal perspective of library selection policy and complaint procedures.

  14. Development and Delivery of Coursework: The Legal/Regulatory/Policy Environment of Cyberforensics

    Directory of Open Access Journals (Sweden)

    John W. Bagby

    2006-06-01

    Full Text Available This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through cyber-forensic techniques. This paper discusses different pedagogies that can be used (including project teams, research and writing assignments, student presentations, case analyses, class activities and participation and examinations, evaluation methods, problem-based learning approaches and critical thinking analysis. A survey and evaluation is provided of the growing body of applicable print and online materials that can be utilized. Target populations for such a course includes students with majors, minors or supporting elective coursework in law, information sciences, information technology, computer science, computer engineering, financial fraud, security and information assurance, forensic aspects of cyber security, privacy, and electronic commerce.

  15. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

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

  16. Legal Policy Of Peoples Rights In Around Mining Corporate Post-Mining Activities

    Directory of Open Access Journals (Sweden)

    Teng Berlianty

    2015-08-01

    Full Text Available This study aims to gain an understanding of the essence of the rights of communities around post-mining corporate responsibility towards the fulfillment of the rights of communities around post-mining as well as government policies to protect the sustainability of the post-mining communities around the mining business. This type of research is a normative legal research methods using primary legal materials secondary and tertiary. With the approach of sociolegal through down the field in Gebe to get data concrete. Data were analyzed with qualitative analysis. The results showed that the essence of the rights of communities around mining operations after the mine in the form of the right to a decent life welfare the right to social security in the form of employment the guarantee of free education and healthcare for the local population as well as the right to a good environment and healthy as a guarantee of the continuity of human existence and future generations. These rights have not been fully realized post-mining. Corporate responsibility in accordance with Article 74 of Law No. 40 of 2007 on the fulfillment of the rights of communities around mining operations after the mine in the form of welfare responsibilities clothing food and shelter especially electricity and water have not been met then the social responsibility to empower communities around the mine as stakeholders as well as environmental responsibility. Legal policy such as the empowerment of communities around the mine in order to be self-sufficient after the post-mining public service policies in education and health as a form of existence of government using existing programs nationally and subordinate to the PT. Antam. as well as environmental protection policies in the form of post-mining reclamation formulated in the companys liabilities.

  17. Good legal governance in authoritative public-private partnerships. Conceptualising legitimate partnerships with public authority

    NARCIS (Netherlands)

    Heldeweg, Michiel A.; Sanders, Maurits

    2013-01-01

    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

  18. Legal and policy issues associated with monitoring employee E-mail

    Energy Technology Data Exchange (ETDEWEB)

    Segura, M.A.; Rither, A.C.

    1997-01-01

    This paper examines the legal issues involved with employer monitoring of employee e-mail. In addition to identifying pertinent legal issues, the paper provides guidelines that will help the Pacific Northwest National Laboratory (PNNL) establish a program for monitoring outgoing e-mail to insure compliance with company policies, particularly those regarding protection of trade secrets and proprietary information, and to comply with the Department of Energy`s (DOE) procedures for protecting Export Controlled Information (ECI). Electronic communication has allowed companies to enhance efficiency, responsiveness and effectiveness. E-mail allows employees to transmit all types of data to other individuals inside and outside of their companies. The ease with which information can be transmitted by e-mail has placed trade secrets, proprietary information, and other sensitive data at risk from inadvertent disclosure by employees. As employers attempt to protect their interests through measures such as monitoring e-mail, they may expose themselves to liability under federal and state laws for violating employee privacy. Business use of e-mail has proliferated so rapidly that the federal and state legal systems have not been able to adequately address the issues arising out of its use in the workplace.

  19. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

    Science.gov (United States)

    Ferguson, Laura; Nicholson, Alexandra; Henry, Ian; Saha, Amitrajit; Sellers, Tilly; Gruskin, Sofia

    2018-01-01

    There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent. We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews. The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (in)action. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies. Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy) can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal environment

  20. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

    Directory of Open Access Journals (Sweden)

    Laura Ferguson

    Full Text Available There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent.We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews.The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (inaction. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies.Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal

  1. 25 CFR 115.423 - If you are a custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the...

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false If you are a custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the disbursement of funds from a minor's supervised account without your... custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the disbursement of funds...

  2. The new legal basis of the EU's energy policy; La nouvelle base juridique de la politique energetique de l'UE

    Energy Technology Data Exchange (ETDEWEB)

    Farantouris, N.E. [Universite du Piree, Dept. d' Etudes Internationales et Europeennes (Greece)

    2011-01-15

    According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)

  3. Environmental Governance Challenges in Kiribati : An Agenda for Legal and Policy Responses

    Directory of Open Access Journals (Sweden)

    Dejo Olowu

    2007-12-01

    Full Text Available Since the global notion of environmental governance is principally about how to achieve the goals of environmental conservation and sustainable development, analysing approaches to environmental governance invariably requires critical study of the policies and structures in place that determine how power is exercised and how environmental decisions are made not only in the abstract context of internationalism but with particular regard to national situations. This essay examines the legal and policy frameworks regulating environmental protection and the conservation of biodiversity within the broader goal of effective environmental governance in Kiribati . Acknowledging that Kiribati encounters formidable challenges in institutional, normative and policy terms, this essay particularly deals with the issue of pollution and its long- and short-term implications for this nation of many atolls. While highlighting the existence of significant treaties, municipal laws and diverse policy mechanisms, this essay identifies gaps and weaknesses, making suggestions for their reform and enhancement. Recognising that the path to the future lies in the synergy of initiatives and inputs from the government, the people and all other stakeholders in the environmental well-being of Kiribati, this essay proffers some viable trajectories for strategic responses.

  4. Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

    Science.gov (United States)

    Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

    2016-01-12

    Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons

  5. Empathic media and advertising: Industry, policy, legal and citizen perspectives (the case for intimacy

    Directory of Open Access Journals (Sweden)

    Andrew McStay

    2016-11-01

    Full Text Available Drawing on interviews with people from the advertising and technology industry, legal experts and policy makers, this paper assesses the rise of emotion detection in digital out-of-home advertising, a practice that often involves facial coding of emotional expressions in public spaces. Having briefly outlined how bodies contribute to targeting processes and the optimisation of the ads themselves, it progresses to detail industrial perspectives, intentions and attitudes to data ethics. Although the paper explores possibilities of this sector, it pays careful attention to existing practices that claim not to use personal data. Centrally, it argues that scholars and regulators need to pay attention to the principle of intimacy. This is developed to counter weaknesses in privacy that is typically based on identification. Having defined technologies, use cases, industrial perspectives, legal views and arguments about jurisprudence, the paper discusses this ensemble of perspectives in light of a nationwide survey about how UK citizens feel about the potential for emotion detection in out-of-home advertising.

  6. 78 FR 76738 - Updated Statements of Legal Authority for the Export Administration Regulations

    Science.gov (United States)

    2013-12-19

    ... DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 730, 732, 734, 736, 738, 740... Administration Regulations AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: This... INFORMATION CONTACT: William Arvin, Regulatory Policy Division, Bureau of Industry and Security, Telephone...

  7. 77 FR 64394 - Redelegation of Authority for Office of Field Policy and Management

    Science.gov (United States)

    2012-10-19

    ...'s decision, through the Office of Field Policy and Management leadership. Only the program Assistant... for Office of Field Policy and Management AGENCY: Office of Field Policy and Management, HUD. [[Page... Secretary for Field Policy and Management redelegates certain operational management authority to the HUD...

  8. The Sphere of Authority: Governing Education Policy in Pakistan Amidst Global Pressures

    Science.gov (United States)

    Ali, Sajid

    2017-01-01

    The authority of the nation states and their capacity to govern their education policy has been reconfigured by the processes of globalisation. This paper examines recent education policy in Pakistan in order to reveal the nature of national authority in education policy-making in a challenging context. The central piece of analysis is the…

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  10. Intersectorial health-related policies: the use of a legal and theoretical framework to propose a typology to a case study in a Brazilian municipality

    Directory of Open Access Journals (Sweden)

    Beatriz Helena Tess

    2014-11-01

    Full Text Available This article analyzes intersectorial health-related policies (IHRP based on a case study performed in 2008-2009 that mapped the social policies of the city of Piracicaba, State of Sao Paulo, Brazil. The research strategy comprised quantitative and qualitative methodologies and converging information sources. Legal and theoretical conceptual frameworks were applied to the Piracicaba study results and served as the basis for proposing a typology of IHRP. Three types of IHRP were identified: health policies where the health sector is coordinator but needs non-health sectors to succeed; policies with a sector other than health as coordinator, but which needs health sector collaboration to succeed; and thirdly, genuine intersectorial policies, not led by any one sector but by a specifically-appointed intersectorial coordinator. The authors contend that political commitment of local authorities alone may not be enough to promote efficient intersectorial social policies. Comprehension of different types of IHRP and their interface mechanisms may contribute to greater efficiency and coverage of social policies that affect health equity and its social determinants positively. In the final analysis,, this will lead to more equitable health outcomes.

  11. Permission and Authorization in Policies for Virtual Communities of Agents

    NARCIS (Netherlands)

    G. Boella (Guido); L.W.N. van der Torre (Leon)

    2005-01-01

    htmlabstractWe study the design of policies for virtual communities of agents based on peer-to-peer systems or the grid infrastructure. In a virtual community agents can play both the role of resource consumers and the role of resource providers. Moreover, the agents remain in control of their

  12. Shaping legal abortion provision in Ghana: using policy theory to understand provider-related obstacles to policy implementation

    Science.gov (United States)

    2013-01-01

    Background Unsafe abortion is a major public health problem in Ghana; despite its liberal abortion law, access to safe, legal abortion in public health facilities is limited. Theory is often neglected as a tool for providing evidence to inform better practice; in this study we investigated the reasons for poor implementation of the policy in Ghana using Lipsky’s theory of street-level bureaucracy to better understand how providers shape and implement policy and how provider-level barriers might be overcome. Methods In-depth interviews were conducted with 43 health professionals of different levels (managers, obstetricians, midwives) at three hospitals in Accra, as well as staff from smaller and private sector facilities. Relevant policy and related documents were also analysed. Results Findings confirm that health providers’ views shape provision of safe-abortion services. Most prominently, providers experience conflicts between their religious and moral beliefs about the sanctity of (foetal) life and their duty to provide safe-abortion care. Obstetricians were more exposed to international debates, treaties, and safe-abortion practices and had better awareness of national research on the public health implications of unsafe abortions; these factors tempered their religious views. Midwives were more driven by fundamental religious values condemning abortion as sinful. In addition to personal views and dilemmas, ‘social pressures’ (perceived views of others concerning abortion) and the actions of facility managers affected providers’ decision to (openly) provide abortion services. In order to achieve a workable balance between these pressures and duties, providers use their ‘discretion’ in deciding if and when to provide abortion services, and develop ‘coping mechanisms’ which impede implementation of abortion policy. Conclusions The application of theory confirmed its utility in a lower-middle income setting and expanded its scope by showing that

  13. Identifying structural barriers to an effective HIV response: using the National Composite Policy Index data to evaluate the human rights, legal and policy environment

    Science.gov (United States)

    Gruskin, Sofia; Ferguson, Laura; Alfven, Tobias; Rugg, Deborah; Peersman, Greet

    2013-01-01

    Introduction Attention to the negative effects of structural barriers on HIV efforts is increasing. Reviewing national legal and policy environments with attention to the international human rights commitments of states is a means of assessing and providing focus for addressing these barriers to effective HIV responses. Methods Law and policy data from the 171 countries reporting under the Declaration of Commitment from the 2001 United Nations General Assembly Special Session on HIV/AIDS were analyzed to assess attention to human rights in national legal and policy environments as relevant to the health and rights of key populations such as people who inject drugs, men who have sex with men and sex workers. Results Seventy-eight governments and civil society in 106 countries report the existence of laws and policies which present obstacles to accessing HIV services for key populations. Laws and policies which positively affect access to HIV-related services, in and of themselves constituting structural interventions, were also reported. The dissonance between laws and how this impacts the availability and use of HIV-related services deserve greater attention. Conclusions Recognition of the harms inherent in laws that constitute structural barriers to effective HIV responses and the potential positive role that a supportive legal environment can play suggests the need for legal reform to ensure an enabling regulatory framework within which HIV services can be effectively delivered and used by the populations who need them. Moving beyond laws and policies, further efforts are required to determine how to capture information on the range of structural barriers. Teasing apart the impact of different barriers, as well as the structural interventions put in place to address them, remains complicated. Capturing the impact of policy and legal interventions can ultimately support governments and civil society to ensure the human rights of key populations are protected in

  14. Can Legal Interventions Change Beliefs? The Effect of Exposure to Sexual Harassment Policy on Men's Gender Beliefs

    Science.gov (United States)

    Tinkler, Justine Eatenson; Li, Yan E.; Mollborn, Stefanie

    2007-01-01

    In spite of the relative success of equal opportunity laws on women's status in the workplace, we know little about the influence of such legal interventions on people's attitudes and beliefs. This paper focuses, in particular, on how sexual harassment policy affects men's beliefs about the gender hierarchy. We employ an experimental design in…

  15. Policy and Legal Protection for Breastfeeding and Incarcerated Women in Canada.

    Science.gov (United States)

    Paynter, Martha Jane

    2018-05-01

    Most incarcerated women in Canada are mothers. Because women are the fastest growing population in carceral facilities, protecting the rights of incarcerated women to breastfeed their children is increasingly important. There is considerable evidence that incarcerated women in Canada experience poor physical and mental health, isolation, and barriers to care. Incarcerated women and their children could benefit significantly from breastfeeding. This Insight in Policy explores policy and legal protection for breastfeeding in Canada as it relates to carceral facilities, considers key cases regarding breastfeeding rights among incarcerated women, and presents recommendations for policy development and advocacy. The Canadian Constitution and human rights legislation across Canada prohibits discrimination on the basis of gender and includes pregnancy and the possibility of becoming pregnant as a characteristic of gender. Some provinces note that breastfeeding is a characteristic of gender. Women's Wellness Within, a nonprofit organization providing volunteer perinatal support to criminalized women in Nova Scotia, conducted a scan of all provincial and territorial correctional services acts and the federal Corrections and Conditional Release Act: none mention breastfeeding. Protocols for breastfeeding during arrest and lockup by police were not available in any jurisdiction across Canada. International law, including the Convention on the Rights of the Child, the Nelson Mandela Rules, and the Bangkok Rules, have application to the rights of incarcerated breastfeeding women. The Inglis v. British Columbia (Minister of Public Safety) (2013) and Hidalgo v. New Mexico Department of Corrections (2017) decisions are pivotal examples of successful litigation brought forward by incarcerated mothers to advance breastfeeding rights. Improved application and understanding of existent law could advance breastfeeding rights.

  16. Streaming Media in an Uncertain Legal Environment: A Model Policy and Best Practices for Academic Libraries

    Directory of Open Access Journals (Sweden)

    Tina M Adams

    2018-02-01

    Full Text Available As VCRs and DVD players become obsolete, online course offerings increase, and flipped pedagogy becomes ubiquitous, academic librarians are frequently confronted with requests from instructors for streaming media. The authors of this article describe the reasoning for and process by which a policy and best practices to manage streaming media requests were developed at a large public university. This policy is guided by the principles set forth in U.S. Copyright Act’s fair use doctrine (17 U.S.C. § 107 and ARL’s Code of Best Practices in Fair Use for Academic and Research Libraries (2012. The policy also includes a workflow for delivering streaming, ADA-compliant video content that cannot be licensed via conventional library means. Moreover, the comparative costs of purchasing subscription video collections versus licensing individual streaming videos at George Mason University are provided for the fiscal years 2013 through 2016.

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

    Directory of Open Access Journals (Sweden)

    Groenhuijsen Marc

    2015-01-01

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

  18. Developing Public Policy in Romania: Focusing Responsability, Authority and Capacity

    Directory of Open Access Journals (Sweden)

    David C. RINGSMUTH

    2002-02-01

    Full Text Available The model of foreign friends visiting fellow democracies to observe and participate in the civic culture, has a long and distinguished tradition. Tocqueville’s visit to and observations of the United States nearly 200 years ago provide a lofty exemplar to which few could pretend to or attempt to duplicate or approach. Nothing in the following observations is meant to make such a pretense1 My journey in Romania has been and will be substantially less noted and notable, but my observations are offered with similar intentions. Rather they are meant in the spirit and offered with the hope that they might, in some small way, begin to make a contribution to the dialogue about the development of democracy and democratic institutions in Romania. In particular, here, I am concerned with Romania’s ability, will and means to develop public policy.

  19. The Legal Regulation Of The Substitution Of The Budgetary Credit Release Authority In Exceptional Conditions

    Directory of Open Access Journals (Sweden)

    Ionel Bostan

    2016-03-01

    Full Text Available The purpose of our endeavour is to bring into the light of debates the situation that might exceptionally occur at the level of administrative territorial authority (ATU – villages, cities, municipalities and counties when it is affected the budgetary activity because the mayor/chairman of CC (County Council is unable to exert its mandate, the LC (Local County/CC is dissolved and the secretary position of the ATU is vacant. The discussion is focused on the legislative solution adopted by the Government through the Emergency Order, establishing the possibility according to which the prefect can name a person – by detachment – as secretary of the LC/CC. At the same time, it was also identified the solution for preventing a budgetary obstruction caused by the existence of the deliberative authority dissolution state which consists in the enactment of application in the current financial year of the ultimate budget, updated with the allocated amounts in the current year coming from the state budget or other budgets, respecting the monthly expenditures limit of 1/12 of this total budget.

  20. Legal bases of resource policy in the Federal Republic of Germany. A contribution towards law-related geography. Die rechtlichen Grundlagen der Ressourcenpolitik in der Bundesrepublik Deutschland. Ein Beitrag zur Rechtsgeographie

    Energy Technology Data Exchange (ETDEWEB)

    Graafen, R

    1983-01-01

    This work from the field of law-related geography deals with the legal regulations issued in the framework of resource policy and with their territorial effects. One of the purpose of law-related geography is to present those legal regulations which bear on territory in a manner easy to survey. The different legal forms to be considered (law, legal regulation, administrative regulation, statutes, law of the (European Community etc.) provide a means of approach. From the peculiarities of the individual legal forms it is possible to tell for instance in how far they possess validity as against citizens or only as against authorities, in how far they are cogent or only constitute recommendations, or whether citizens are allowed to participate in the precise definition of regulations, what standard of European Community law are immediately applied in the Federal Republic of Germany, or what the order of priority of legal regulations is. The study investigates above all the territory-related consequences of regional and land use planning, the federal mining law, energy policy with regard to black coal, brown coal, petroleum and naturel gas, of the planning of power plans sites, local supply concepts, transport infra-structure policy, the federal immission protection law and of regulations for the protection of nature or governing forest and water management. (orig./HSCH).

  1. 75 FR 75649 - Policy Clarifying Definition of “Actively Engaged” for Purposes of Inspector Authorization

    Science.gov (United States)

    2010-12-06

    ...-1060] Policy Clarifying Definition of ``Actively Engaged'' for Purposes of Inspector Authorization... Flight Standards Management System Order 8900.1. DATES: The comment period for the Notice of Proposed... 5, 2010 the FAA published a Notice of Proposed Policy, entitled Policy Clarifying Definition of...

  2. Engaging Maori in Biobanking and Genetic Research: Legal, Ethical, and Policy Challenges

    Directory of Open Access Journals (Sweden)

    Angela Beaton

    2015-06-01

    Full Text Available Publically funded biobanking initiatives and genetic research should contribute towards reducing inequalities in health by reducing the prevalence and burden of disease. It is essential that Maori and other Indigenous populations share in health gains derived from these activities. The Health Research Council of New Zealand has funded a research project (2012-2015 to identify Maori perspectives on biobanking and genetic research, and to develop cultural guidelines for ethical biobanking and genetic research involving biospecimens. This review describes relevant values and ethics embedded in Maori indigenous knowledge, and how they may be applied to culturally safe interactions between biobanks, researchers, individual participants, and communities. Key issues of ownership, privacy, and consent are also considered within the legal and policy context that guides biobanking and genetic research practices within New Zealand. Areas of concern are highlighted and recommendations of international relevance are provided. To develop a productive environment for "next-generation" biobanking and genomic research,"‘next-generation" regulatory solutions will be required.

  3. Political and Legal Bases of Foreign Policy Activity of the European Union in the Region of Central Asia

    Directory of Open Access Journals (Sweden)

    Turdimurat M. Tursunmuratov

    2017-10-01

    Full Text Available The author analyses the European Union’s foreign policy in Central Asia. He indicates the basic tendencies of development of the EU cooperation with the countries of Central Asian region. Further, the author analyzes the implementation of joint projects within the framework adopted by the Partnership Agreements. Based on a critical analysis, the researcher highlights a number of constraints to effective development of relations between the EU and Central Asian states. He carries out a structural analysis of conceptual documents of the European Union for the development of bilateral and multilateral relations with Central Asian countries in the region. Scientific novelty of this work lies in the systematization of stages in the evolution of relations between the European Union and the countries of Central Asia. The author divides the formation of cooperation into four main stages. The first stage of the relations between the EU and the countries of Central Asia includes conceptual framework of the legal regulatory structure of bilateral and multilateral cooperation. The second stage is characterized by the realization of a number of joint projects in the field of transport communications, democratic transformations, regional security and stability. The third stage of the relations is determined by acquiring of special geographical significance of the region of Central Asia resulting from the engagement of the International Security Assistance Force in Afghanistan in 2001. The fourth stage has begun in 2015 with the adoption of the EU Strategy for a New Partnership with Central Asia for 2017-2021. These studies serve as a basis for developing some important proposals and recommendations for the improvement of the effectiveness of cooperation between the parties.

  4. The Rise of the Crime Victim and Punitive Policies? Changes to the Legal Regulation of Intimate Partner Violence in Finland.

    Science.gov (United States)

    Kotanen, Riikka

    2017-10-01

    This article examines intimate partnership violence as a question of criminal justice policy in Finland, and contributes to criminological discussions regarding oft-stated connections between the politicization of the victim, the treatment of offenders, and repressive criminal justice policies. In this discussion, legislation aiming to regulate and prevent violence against women has often been utilized as an example of such punitive policies. Although criminal policies in Nordic countries differ significantly from more punitive Anglophone policies, punitive tendencies, it has been argued, have increased in the former, too. This article analyzes the change in legal regulations and the criminal political status of intimate partner violence in Finland between 1990 and 2004, while examining the juxtaposition of victims and offenders alongside repressive demands.

  5. Legalization of Cannabis in the USA : A System Dynamics Approach to Drug Policy

    NARCIS (Netherlands)

    Van Staveren, R.; Thompson, A.W.

    2013-01-01

    Colorado and Washington State have made history by approving measures to make marijuana sale and use legal for people over the age of 21, in direct opposition to federal law. While there is a sizable discussion of the actual repercussions that legal marijuana would entail, no one knows what will

  6. 75 FR 42088 - Policy Statement Establishing a Pilot Program for Requesting Consideration of Legal Questions by...

    Science.gov (United States)

    2010-07-20

    ... Requesting Consideration of Legal Questions by the Commission AGENCY: Federal Election Commission. ACTION.... However, if within 60 business days of the filing of a request for consideration, the Commission has not.... Accordingly, any legal issues that qualify for consideration under the Advisory Opinion process are not...

  7. Recent advances in nuclear forensic science - The identification of unknown nuclear materials and co-operation with the legal authorities

    International Nuclear Information System (INIS)

    Ray, I.L.F.; Schubert, A.; Schenkel, R.

    2001-01-01

    Full text: Nuclear Forensic Science is a new branch of forensic science, which has arisen out of necessity following the dissolution of the former Soviet Union and East Block countries. One result of this break up was the emergence of a new form of smuggling, involving nuclear materials, radioactive sources and scrap metal contaminated with radioactive substances. Since 1994 the Institute for Transuranium Elements of the European Commission Joint Research Centre has played a major role in combating the illicit trafficking in nuclear materials and contaminated scrap metals. The Institute has the advantages of extensive experience in handling these materials, which require sophisticated instruments mounted in glove boxes. As part of the European Commission Joint Research Centre the Institute is also independent of national interests within the European Union and abroad. Some twenty-five cases of illicit trafficking have been examined so far. Some of the latest cases will be described and the methods developed at the Institute for isotopic and microstructural fingerprinting of nuclear materials will be illustrated. The microstructural fingerprint is a new technique developed here, which complements the isotopic analysis of the samples, and is highly characteristic of the production process and subsequent history of the materials involved. Furthermore, the microstructural fingerprint cannot be disguised by, for example, the addition of other substances or isotopes to the sample. An extensive database on commercial nuclear materials is maintained by the Institute, and this is being enlarged to include microstructural information such as porosity, grain size, precipitation, dislocation structures, pellet surface roughness, etc. The database can be used for comparison when samples of unknown provenance are seized. The Institute places emphasis on developing close co-operation with the legal authorities to optimize the side-by-side working of law enforcement officers and

  8. Inclusive Education and ELT Policies in Colombia: Views from Some "PROFILE" Journal Authors

    Science.gov (United States)

    Robayo Acuña, Lina María; Cárdenas, Melba Libia

    2017-01-01

    This article reports on a study aimed at exploring inclusive policies in the teaching of English as a foreign language in Colombia, as evidenced in the articles published in the "PROFILE" Journal by Colombian authors. The use of the documentary research method and critical discourse analysis showed that some policies--mainly The National…

  9. Uganda tax policy reforms: A case study of Uganda revenue authority URA

    OpenAIRE

    Kato, Simon Kagambirwe

    2014-01-01

    In this study I examined the implementation of tax policy reforms at Uganda Revenue Authority. In particular, I examined the impact of the tax policy reforms implemented since the restructuring of Uganda Revenue Authority in 2005. Although Uganda's taxation system is a vital area of study, it has not gotten enough attention from researchers. This is because, in the Ugandan and generally African developing countries context, taxation involves vital and, to a large ex...

  10. Neuroscience Data and Tool Sharing: A legal and policy framework for neuroinformatics

    Czech Academy of Sciences Publication Activity Database

    Eckersley, P.; Egan, G.F.; de Schutter, E.; Yiyuan, T.; Novák, Mirko; Šebesta, Václav; Mathiessen, L.; Jaaskelainen, I.P.; Ruotsalainen, U.; Herz, A.V.M.; Hoffmann, K.P.; Ritz, R.; Ravindranath, V.; Beltrame, F.; Amari, S.; Usui, S.; Lee, S. Y.; van Pelt, S.; Bjaalie, J.G.; Wrobel, A.; da Silva, F.M.; Gonzales, C.; Grillner, S.; Verschure, P.; Dalkara, T.; Bennett, R.; Willshaw, D.; Koslow, S.H.; Miller, P.L.; Subramanian, S.; Toga, A.W.

    2003-01-01

    Roč. 1, č. 2 (2003), s. 149-165 ISSN 1539-2791 Source of funding: V - iné verejné zdroje Keywords : neuroscience * neuroinformatics * legal frameworks * collaborative research Subject RIV: IN - Informatics, Computer Science

  11. The Legal Status of Low Speed, Electric, Automated Vehicles in Texas : Policy Brief

    Science.gov (United States)

    2018-01-01

    This report explores whether vehicles that are both Neighborhood Electric Vehicles (NEVs) and Automated Vehicles (AVs) may operate legally on public roads in Texas. First is an examination of Neighborhood Electric Vehicles and how they are governed i...

  12. A Model-Based Framework for Legal Policy Simulation and Compliance Checking

    OpenAIRE

    Soltana, Ghanem

    2017-01-01

    Information systems implementing requirements from laws and regulations, such as taxes and social benefits, need to be thoroughly verified to demonstrate their compliance. Several Verification and Validation (V&V) techniques, such as reliability testing, and modeling and simulation, can be used for assessing that such systems meet their legal. Typically, one has to model the expected (legal) behavior of the system in a form that can be executed (simulated), subject the resulting models and th...

  13. Economic policy of the monetary authorities as factor of achievement of abstract financial stability

    Directory of Open Access Journals (Sweden)

    Tashtamirov M.R.

    2016-11-01

    Full Text Available this article is devoted to the questions of the crisis phenomena in Russian economy in sector of a monetary and credit system and a role of economic policy of the monetary authorities (Bank of Russia in ensuring financial stability. Short assessment of the main macroeconomic indicators of the country economy is given. The author is describing the actions of economic management regarding monetary control. It is inexpedient that the Central Bank for carrying out the tough restriction policy directed to oppression of economic development and further primitivizing of national economy. It is offered to transform monetary policy for ensuring anti-recessionary actions exiting the stagnating condition.

  14. Realigning government action with public health evidence: the legal and policy environment affecting sex work and HIV in Asia.

    Science.gov (United States)

    Gruskin, Sofia; Pierce, Gretchen Williams; Ferguson, Laura

    2014-01-01

    The HIV epidemic has shed light on how government regulation of sex work directly affects the health and well-being of sex workers, their families and communities. A review of the public health evidence highlights the need for supportive legal and policy environments, yet criminalisation of sex work remains standard around the world. Emerging evidence, coupled with evolving political ideologies, is increasingly shaping legal environments that promote the rights and health of sex workers but even as new legislation is created, contradictions often exist with standing problematic legislation. As a region, Asia provides a compelling example in that progressive HIV policies often sit side by side with laws that criminalise sex work. Data from the 21 Asian countries reporting under the UN General Assembly Special Session on HIV in 2010 were analysed to provide evidence of how countries' approach to sex-work regulation might affect HIV-related outcomes. Attention to the links between law and HIV-related outcomes can aid governments to meet their international obligations and ensure appropriate legal environments that cultivate the safe and healthy development and expression of sexuality, ensure access to HIV and other related services and promote and protect human rights.

  15. Application of legal measures as part of the policy for prevention of corruption in public sphere: Kosovo case

    Directory of Open Access Journals (Sweden)

    Vilard Bytyqi

    2016-07-01

    Full Text Available This paper will address the application of legal measures as part of the policy of corruption prevention in the public sphere. At present, corruption offenses have become a very dangerous phenomenon for the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice, and jeopardizing the essential development and the rule of law. Knowing that these criminal offenses carry a high social risk and are conducted with high professionalism from people who have the state power, a greater focus should be placed on its prevention. Naturally, the criminal sanctions against criminal acts of corruption have their positive effect, punitive and preventive, but these are the last measures that the state should use. The state of Kosovo in an effort to prevent corruption, has established in legal terms an advanced legislation in accordance with international laws and comparable to developed countries.

  16. An Anatomy of Authority: The Bologna and ASEM Education Secretariats as Policy Actors and Region Builders

    Science.gov (United States)

    Dang, Que Anh

    2018-01-01

    This paper examines the sources of authority behind the Bologna and ASEM secretariats' technocratic appearance and administrative routines, and argues that they are transnational policy actors in their own right. By drawing on principal-agent theory and the concept of "authority," it offers an alternative framework for understanding the…

  17. Legal issues in the harmonization of different levels of public authority in Russia: The case of natural resource development

    Energy Technology Data Exchange (ETDEWEB)

    Borodach, M. V; Keeping, J.

    2002-03-31

    One of the key challenges faced by policy makers in Russia is working out a reasonable division of responsibilities between the central government -- the government of the Russian Federation -- and the various political units which comprise the country. Unfortunately, the 1993 Constitution is not in all respects clear on division of powers and responsibilities. As a result, many inter-jurisdictional questions arise that unless resolved, will have incalculable impact on the development of Russia's natural resources. This article discusses some of the factors that must be considered in addressing the total harmonization of powers of the various levels of authority in Russia which have a bearing on the development of subsoil resources. These include: (1) clarification of powers possessed by different levels of public authority in the Russian federation with regard to subsoil resources; (2) mechanisms for harmonizing the powers of the various levels of public authority in Russia, (3) special features of the political organization of the Tyumen region, Russia's most important oil and gas producing area, and (4) the role of new political and territorial units in the system of Russian federalism. 6 end-notes.

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

    Science.gov (United States)

    Speldewinde, Christopher A; Parsons, Ian

    2015-01-01

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

  19. The Latest in Vaccine Policies: Selected Issues in School Vaccinations, Healthcare Worker Vaccinations, and Pharmacist Vaccination Authority Laws.

    Science.gov (United States)

    Barraza, Leila; Schmit, Cason; Hoss, Aila

    2017-03-01

    This paper discusses recent changes to state legal frameworks for mandatory vaccination in the context of school and healthcare worker vaccination. It then discusses state laws that allow pharmacists the authority to vaccinate.

  20. 41 CFR 102-85.5 - By what authority is the pricing policy in this part prescribed?

    Science.gov (United States)

    2010-07-01

    ... pricing policy in this part prescribed? 102-85.5 Section 102-85.5 Public Contracts and Property Management...-PRICING POLICY FOR OCCUPANCY IN GSA SPACE Pricing Policy-General § 102-85.5 By what authority is the pricing policy in this part prescribed? (a) General authority is granted in the Federal Property and...

  1. An Instrument for a Legal Review of Public School Curriculum Policies and Procedures.

    Science.gov (United States)

    Zirkel, Perry A.

    The "Legal Audit Instrument for Public School Curriculum" described in this paper is intended for those making decisions in curricular matters. The instrument has been derived from court decisions that are based on the Federal Constitution, legislation, and regulations. Corresponding cases and provisions within each state will require…

  2. Policy Brief: What is the Legal Framework for Automated Vehicles in Texas?

    Science.gov (United States)

    2017-11-01

    During the 85th Texas Legislature in 2017, Texas enacted a law related to automated vehicles. The bill, SB 2205, creates the legal framework for automated vehicle operation and testing in Texas. Although this law addresses a number of issues that can...

  3. Opinions on legality principles considered in the FLEGT/VPA policy in Ghana and Indonesia

    NARCIS (Netherlands)

    Wiersum, K.F.; Elands, B.H.M.

    2013-01-01

    The Forest Law Enforcement, Governance and Trade programme (FLEGT) of the European Union aims at stimulating both legal timber production and good forest governance. The EU establishes Voluntary Partnership Agreements (VPAs) with individual tropical timber exporting countries; these VPAs should be

  4. Policy Contexts of Social Work in Britain: the wider implications of 'New' Labour and the 'New Legal Regime'

    Directory of Open Access Journals (Sweden)

    2003-11-01

    Full Text Available Several commentators have expressed disappointment with New Labour's apparent adherence to the policy frameworks of the previous Conservative administrations. The employment orientation of its welfare programmes, the contradictory nature of the social exclusion initiatives, and the continuing obsession with public sector marketisation, inspections, audits, standards and so on, have all come under critical scrutiny (c.f., Blyth 2001; Jordan 2001; Orme 2001. This paper suggests that in order to understand the socio-economic and political contexts affecting social work we need to examine the relationship between New Labour's modernisation project and its insertion within an architecture of global governance. In particular, membership of the European Union (EU, International Monetary Fund (IMF and World Trade Organisation (WTO set the parameters for domestic policy in important ways. Whilst much has been written about the economic dimensions of 'globalisation' in relation to social work rather less has been noted about the ways in which domestic policy agenda are driven by multilateral governance objectives. This policy dimension is important in trying to respond to various changes affecting social work as a professional activity. What is possible, what is encouraged, how things might be done, is tightly bounded by the policy frameworks governing practice and affected by those governing the lives of service users. It is unhelpful to see policy formulation in purely national terms as the UK is inserted into a network governance structure, a regulatory framework where decisions are made by many countries and organisations and agencies. Together, they are producing a 'new legal regime', characterised by a marked neo-liberal policy agenda. This paper aims to demonstrate the relationship of New Labour's modernisation programme to these new forms of legality by examining two main policy areas and the welfare implications they are enmeshed in. The first is

  5. Flexible working policies and environments in UK Local Authorities: current practice

    OpenAIRE

    Price, Ilfryn

    2001-01-01

    The research surveys the uptake of 'modern' or flexible working practices in UK Local Authorities, especially as it impacts on property and office accommodation.\\ud Nearly all permit flexible starting and finishing times for as many employees as is practical while forms of accredited hours working for at least some appropriate employees are policy in a majority. Flexible practices with property and ICT implications, working from home without a dedicated work station, formal policies, 'hot' de...

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

    NARCIS (Netherlands)

    Jeppesen, C.G.

    2008-01-01

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

  7. Access Control with Delegated Authorization Policy Evaluation for Data-Driven Microservice Workflows

    Directory of Open Access Journals (Sweden)

    Davy Preuveneers

    2017-09-01

    Full Text Available Microservices offer a compelling competitive advantage for building data flow systems as a choreography of self-contained data endpoints that each implement a specific data processing functionality. Such a ‘single responsibility principle’ design makes them well suited for constructing scalable and flexible data integration and real-time data flow applications. In this paper, we investigate microservice based data processing workflows from a security point of view, i.e., (1 how to constrain data processing workflows with respect to dynamic authorization policies granting or denying access to certain microservice results depending on the flow of the data; (2 how to let multiple microservices contribute to a collective data-driven authorization decision and (3 how to put adequate measures in place such that the data within each individual microservice is protected against illegitimate access from unauthorized users or other microservices. Due to this multifold objective, enforcing access control on the data endpoints to prevent information leakage or preserve one’s privacy becomes far more challenging, as authorization policies can have dependencies and decision outcomes cross-cutting data in multiple microservices. To address this challenge, we present and evaluate a workflow-oriented authorization framework that enforces authorization policies in a decentralized manner and where the delegated policy evaluation leverages feature toggles that are managed at runtime by software circuit breakers to secure the distributed data processing workflows. The benefit of our solution is that, on the one hand, authorization policies restrict access to the data endpoints of the microservices, and on the other hand, microservices can safely rely on other data endpoints to collectively evaluate cross-cutting access control decisions without having to rely on a shared storage backend holding all the necessary information for the policy evaluation.

  8. Constructing collaborative communities of researchers in the environmental domain. A case study of interdisciplinary research between legal scholars and policy analysts

    NARCIS (Netherlands)

    van Rijswick, Marleen; bruzzone, silvia; Larrue, Corinne; Wiering, Mark; Crabbé, Ann

    2016-01-01

    The article offers an analysis of the interactions between legal and policy science researchers within a European project on flood risk management using a “Policy Arrangement Approach” (PAA). While interdisciplinary research is increasingly becoming a ‘must’ in environmental governance, under what

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

    Science.gov (United States)

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

    2018-03-01

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

  10. Legalization of recreational marijuana and community sales policy in Oregon: Impact on adolescent willingness and intent to use, parent use, and adolescent use.

    Science.gov (United States)

    Rusby, Julie C; Westling, Erika; Crowley, Ryann; Light, John M

    2018-02-01

    Studies investigating the impact of medical marijuana legalization have found no significant changes in adolescent use. In one of the few studies focused on recreational marijuana, we investigated how recreational marijuana legalization and community sales policy influenced factors that likely impact youth use (youth willingness and intent to use, parent use) as well as youth use. Legalization of recreational marijuana in Oregon coincided with our study on adolescent substance use. Cohort 1 transitioned from 8th to 9th grade prior to legalization and Cohort 2 made this transition during legalization (N = 444; 53% female). Communities were allowed to opt out of sales. Multivariate linear regression models estimated the impact of legalization and community sales policy on changes in attitudes and parent use (2 time points 1 year apart). Zero-inflated Poisson growth curve models estimated the effects on initial levels and rate of change from 8th through 9th grade (4 time points). In communities opting out of sales, the prior-to-legalization cohort was less likely to increase their willingness and intent to use marijuana, and the legalization cohort was more likely to increase intent to use. For youth who used marijuana, legalization was associated with increased use, and those in communities opting out of sales had greater growth in marijuana use. Community policy appears to impact youth attitudes toward, and use of, marijuana. Results suggest that legalization of recreational marijuana did not increase marijuana use for youth who did not use marijuana but did increase use in youth who were already using. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

  11. Policy and strategy of the Cuban Regulatory Organization for the establishment of the legal and regulation frame

    International Nuclear Information System (INIS)

    Arnau F, A.; Alonso G, I.; Sarabia M, I.

    2006-01-01

    The National Center of Nuclear Security, Cuban entity authorized to exercise the regulation functions and control of the security of the use of the nuclear energy and the accounting and control of the nuclear materials, has among its functions, to elaborate and to propose for its approval to the corresponding instances, the juridical, technical dispositions and of procedure in its competition sphere, what demands that in this sense clear guidelines exist to carry out this social mission. The fact of assuming this function demands the necessity of a Politics for the establishment of the legal and regulation frame that expresses in a coherent way the general lines on those that it behaves the elaboration of the standards that govern this activity, to reach the end in an efficient and effective way and consequently the adoption of a Strategy that frames the necessary actions that assure the one execution and development of the politics and the pursuit of the precise rules for an optimal result. The Politics for the establishment of the legal and regulation frame of the National Center of Nuclear Security is based on a group of general principles that mark the guidelines so that this activity is chord to the national juridical system, to the good ones international practices and the recommendations of the International Atomic Energy Agency appropriated to the national experience and the daily reality, being this a transparent and reconciled process in such a way that the addressee of these standards can contribute their recommendations to the ends of achieving an effective applicability of the legal and regulation frame that governs this activity in the country. The development and pursuit of these principles is sustained in a group of actions to the help of the strategy for the establishment of the legal and regulation frame, embracing the actions so much during the process of elaboration of the legal frame, its systematic revision, the publication and distribution

  12. The Vietnamese legal and policy framework for co-management in special-use forests

    NARCIS (Netherlands)

    KimDung, Nguyen; Bush, Simon R.; Mol, Arthur P.J.

    2017-01-01

    Co-management has been introduced into Special Use Forests (SUFs) of Vietnam for more than 10 years. However, the extent to which Vietnamese laws and policies support co-management remains unclear. This paper reviews existing policies and laws from the national to commune levels and assesses their

  13. Food Policy and Legal Battles: The Case of the ECA and PDS in Kerala

    NARCIS (Netherlands)

    J.E. Mooij (Jos)

    1997-01-01

    textabstractThis paper is one in a large collection of papers, articles, books and reports on food policy in India. Indeed, food policy is a widely researched topic in India. To name a few genres, there are several historical overviews and evaluations of PDS; there are economic models and

  14. Off to the Courts? Or the Agency? Public Attitudes on Bureaucratic and Legal Approaches to Policy Enforcement

    Directory of Open Access Journals (Sweden)

    Quinn Mulroy

    2018-04-01

    Full Text Available A key curiosity in the operation of the American regulatory state lies with its hybrid structure, defined by centralized, bureaucratic approaches but also more decentralized actions such as lawsuits brought by private citizens in the courts. While current research on these two pathways focuses at the elite level—exploring how and why political actors and institutions opt for legal or administrative strategies for implementing different public policies—there is little research that examines public attitudes toward how policy is enforced in the U.S. Given that the public is a key partner in this process, this paper integrates public attitudes into the discussion, tapping into conceptions of “big government,” privatization, and the tort reform movement. Using original data from a series of vignette-based experiments included in the 2014 Cooperative Congressional Election Survey, we examine public preferences about how policy is regulated—by private citizens in the courts or by government officials in agencies—across a broad number of policy areas. We offer one of the first studies that adjudicates the boundaries of public attitudes on litigation and bureaucratic regulation in the U.S., offering implications for how elites might approach the design of policy implementation for different issue areas.

  15. The Vietnamese Legal and Policy Framework for Co-Management in Special-Use Forests

    Directory of Open Access Journals (Sweden)

    Nguyen KimDung

    2017-07-01

    Full Text Available Co-management has been introduced into Special Use Forests (SUFs of Vietnam for more than 10 years. However, the extent to which Vietnamese laws and policies support co-management remains unclear. This paper reviews existing policies and laws from the national to commune levels and assesses their facilitation of co-management in SUFs. The review demonstrates there is support for co-management, albeit scattered and uncoordinated across a range of policies and laws. Modifications to policy on ownership and use rights would support the development of SUF co-management. Additionally, clearer legislative underpinning for benefit sharing in SUFs could better incentivize the participation of local people and private sector actors to engage in more effective co-management arrangements.

  16. Granting authority to a new policy. A community benefit services policy becomes part of the general business strategy.

    Science.gov (United States)

    Karibo, J

    1994-05-01

    Bon Secours Health System's new strategic plan and community benefit services policy integrates the planning, budgeting, evaluating, and reporting of community benefit services into management processes at the same level of authority as other operational activities. The strategic plan of Bon Secours Health System, headquartered in Marriottsville, MD, documents the system's mission, operating principles, vision, and five goals, one of which is to improve the communities' health status. The community benefit services operating policy requires that the Bon Secours Health System chief executive officer (CEO) and each local system CEO and nursing home administrator form a multidisciplinary local work group to be responsible for community benefit services. Each local work group assesses the needs of its community within the framework of the annual planning process. Determining what services are needed and how to deliver them is relatively easy. The difficult task is determining which of the many needs to address. What a community lacks may be the result of poor or inadequate public policy. For example, its priority may not be healthcare. In these situations healthcare providers may be best able to serve the community by providing indirect support to social service providers or by advocating for change. The community benefit services operating policy provides a standard approach to match the community's priority needs with the institution's resources and produce a measurable improvement in health status.

  17. Ethical and legal analyses of policy prohibiting tobacco smoking in enclosed public spaces.

    Science.gov (United States)

    Oriola, Taiwo A

    2009-01-01

    A spate of legislations prohibiting cigarette smoking in enclosed public spaces, mainly on grounds of public health protection, recently swept across cities around the world. This is in tandem with a raft of increasingly restrictive national laws that emerged on the back of the ratification of the WHO Framework for Tobacco Control by more than one 168 countries in 2005. The central debate on the increasingly restrictive tobacco laws revolves on the extent to which public health interests justification should ground political intervention in a private right as basic as tobacco smoking, which interestingly is often lumped in the food and beverage category. The pertinent legal and ethical questions therefore are the following: Is or should there be a general unrestricted right to tobacco smoking? If there were such a right, should public health or ethical considerations trump private right to smoke in enclosed public spaces? And if public health interests were so paramount, should they go farther and ground tobacco smoking proscription in all private and public spheres? Using ethical principles and rights-based arguments, the paper critically examines the legal and ethical ramifications of public health justification for tobacco smoking proscription in enclosed public spaces.

  18. Navigating Special Education in Charter Schools Part I: Understanding Legal Roles and Responsibilities. Authorizing Matters. Issue Brief

    Science.gov (United States)

    Rhim, Lauren Morando

    2007-01-01

    Special education and related services are mandated by the federal Individuals with Disabilities Education Act (IDEA) and related state special education policies. Policies and procedures associated with implementing IDEA can be complex, cumbersome and time consuming. IDEA is founded on the notion that a free appropriate public education is a…

  19. Legal ecotones: A comparative analysis of riparian policy protection in the Oregon Coast Range, USA.

    Science.gov (United States)

    Boisjolie, Brett A; Santelmann, Mary V; Flitcroft, Rebecca L; Duncan, Sally L

    2017-07-15

    Waterways of the USA are protected under the public trust doctrine, placing responsibility on the state to safeguard public resources for the benefit of current and future generations. This responsibility has led to the development of management standards for lands adjacent to streams. In the state of Oregon, policy protection for riparian areas varies by ownership (e.g., federal, state, or private), land use (e.g., forest, agriculture, rural residential, or urban) and stream attributes, creating varying standards for riparian land-management practices along the stream corridor. Here, we compare state and federal riparian land-management standards in four major policies that apply to private and public lands in the Oregon Coast Range. We use a standard template to categorize elements of policy protection: (1) the regulatory approach, (2) policy goals, (3) stream attributes, and (4) management standards. All four policies have similar goals for achieving water-quality standards, but differ in their regulatory approach. Plans for agricultural lands rely on outcome-based standards to treat pollution, in contrast with the prescriptive policy approaches for federal, state, and private forest lands, which set specific standards with the intent of preventing pollution. Policies also differ regarding the stream attributes considered when specifying management standards. Across all policies, 25 categories of unique standards are identified. Buffer widths vary from 0 to ∼152 m, with no buffer requirements for streams in agricultural areas or small, non-fish-bearing, seasonal streams on private forest land; narrow buffer requirements for small, non-fish-bearing perennial streams on private forest land (3 m); and the widest buffer requirements for fish-bearing streams on federal land (two site-potential tree-heights, up to an estimated 152 m). Results provide insight into how ecosystem concerns are addressed by variable policy approaches in multi-ownership landscapes, an

  20. The Lisbon Treaty and Changes in the Legal Rules on the Common Commercial Policy

    Directory of Open Access Journals (Sweden)

    Janků Martin

    2017-06-01

    Full Text Available The EU Lisbon Treaty 2007 (LT brings some changes for the common commercial policy (CCP and the decision-making processes related to it. CCP is newly included in the one area with all the external activities of the EU, with foreign and security policy, international environmental policy, development aid and economic, financial and technical cooperation with third countries. The fundamental areas of the CCP have been expanded to include foreign direct investment, services and trade-related aspects of intellectual property rights. The EU’s exclusive competence for external negotiation of agreements in areas of exclusive competence and internal CCP regarding their implementation were confirmed. The changes affect the role of the European Parliament and also the functioning of the European Council, the Council, and competences of the High Representative for Foreign Affairs and Security Policy and the European External Action Service. Together with these changes, there will be also changes in procedures within the European Union. A number of aspects of the decision-making process are not yet entirely clarified, and only the practice of the participation of the EU Member States and the European Parliament in the formation of the common commercial policy will bring more meaningful conclusions. The changes brought by the LT will affect not only the extent of the influence of EU Member States on the common commercial policy, but they can also affect the position of the EU in the context of international trade, particularly in the area of negotiating commitments and rules of multilateral and bilateral trade and investment agreements.

  1. Environmental Public Policies: Legalization and Judicial Activism for Sustainable De-velopment

    Directory of Open Access Journals (Sweden)

    Belinda Pereira Cunha

    2016-12-01

    Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, we intend to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development.

  2. [The legal question of the obtention of human stem cells for biomedical research. Legislation policy considerations].

    Science.gov (United States)

    Romeo Casabona, Carlos María

    2006-01-01

    The future Law on Biomedical Research, whose draft bill has been approved by the Council of Ministers and that will soon begin its parliamentary process of approval, will regulate, among other matters, the research with embryos. Likewise, it will make a pronouncement on the so-called therapeutic cloning. This report makes a detailed analysis of different matters that must be borne in mind by the legislator in order to face the process of evaluation and approval of said Law in relation with the aforementioned matters. It makes a special analysis of the legal texts of an international nature to which Spain is unavoidably subjected to, in such a way that the legislative text that will finally be approved is not contrary to the dispositions that are within such.

  3. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  4. Inclusiveness in the Vocational Education Policy and Legal Frameworks of Kenya and Tanzania

    Science.gov (United States)

    Malle, Abebe Yehualawork

    2016-01-01

    This study examines the status of inclusiveness in the education and training policies of Ethiopia in comparison to those of selected East African countries. The focus is on vocational education in terms of the special educational and training needs of students with disabilities. Focus group discussions and interviews conducted in Kenya and…

  5. Legalized or Not? Poor Public Communication Causes Confusion over the New Cannabis Policy in Belgium

    Science.gov (United States)

    Gelders, Dave; Van Mierlo, Jan

    2004-01-01

    During the last three years, the newly announced drug policy, specifically cannabis, has been the subject of debate between the Government and the opposition parties within the Belgian Federal Government. Public communication by the Federal Government and the competent ministers was incomplete, untimely, inconsistent, tendentious and polemical.…

  6. Legal and policy foundations for global generic competition: Promoting affordable drug pricing in developing societies.

    Science.gov (United States)

    Zapatero Miguel, Pablo

    2015-01-01

    The so-called 'TRIPS flexibilities' restated in 2001 by the World Trade Organization's Doha Declaration on TRIPS and Public Health offer a variety of policy avenues for promoting global price-based competition for essential medicines, and thus for improving access to affordable medicines in the developing world. In recent years, developing countries and international organisations alike have begun to explore the potentialities of global generic markets and competition generally, and also of using compulsory licensing to remedy anti-competitive practices (e.g. excessive pricing) through TRIPS-compatible antitrust enforcement. These and other 'pro-competitive' TRIPS flexibilities currently available provide the critical leverage and policy space necessary to improve access to affordable medicines in the developing world.

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

    OpenAIRE

    Groenhuijsen Marc

    2015-01-01

    The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described...

  8. School Library Policy and Legal Opinions of Texas Public School Principals and Certified Librarians

    OpenAIRE

    Andrew Shupala

    2006-01-01

    This study involved a survey of the attitudes of Texas public school principals and certified librarians, perceptions andexperiences with regard to school library policy for media selection, and procedures for responding to complaints againstlibrary media. Analysis of the data included a methodology of mixed-methods explanatory design. Selection of the principalsand certified librarians was proportionate and stratified according to the state's 20 Education Service Centerregions. Of the 1,036 ...

  9. Legal Policy Of Corruption Eradication At State-Owned Enterprises Sector In Indonesia

    Directory of Open Access Journals (Sweden)

    Zulkipli

    2015-08-01

    Full Text Available A mandate of the constitution of the Republic of Indonesia as the highest law is the creation of Indonesia people that is just and prosperous and then the development in all sectors becomes a necessity for achieving that goal. To achieve continuity and development success the enforcement of law supremacy in the form of prevention and eradication of corruption is a necessary condition condition sine qua non. Type of legal research conducted is normative. This research was carried out by discussion of concepts doctrine and theory principles as well as legislation which is correlated to the philosophical construction on state finances. The results of the research indicated that law enforcement of corruption against the management of limited state-owned enterprises during this that damage SEOs state is one of the important parts in the form of control the management of SOEs whose responsible and integrity. Though on the other hand the debate over the use of the criminal instruments in resolving the problems that occurred in the transaction of SOEs state that damage will continue to occur but against the actor of state-owned companies still put forward the principle of prudence in running the business because in some judicial practice has been expandingconstructing carelessness be a part of unlawful action in corruption crime.

  10. INTERPRETATION PUBLIC POLICY IN RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD IN INDONESIA TURN ASIDE THE LEGAL CERTAINTY

    Directory of Open Access Journals (Sweden)

    Nurnaningsih Amriani

    2014-09-01

    Full Text Available Does not violate “public policy (public order/openbaare orde” is the one of the main reasons for the recognition and enforcement of foreign arbitral award in Indonesia. It follow the rules of Article V of the New York Convention 1958 in which Indonesia ratified through Presidential Decree No. 34 of 1981. This article aims to provide a form of judge interpretation of the meaning of public order before and after the enactment of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, so there is no legal certainty. Therefore the meaning of "public policy" does not limit the scope described in the decree and the Arbitration Act, therefore the interpretation obtained by the decision of the Supreme Court who refused and received recognition of foreign arbitral award in Indonesia. Through the interpretation of this article, the parties involved in the arbitration agreement can predict whether their arbitration award may be given the recognition and implementation in Indonesia.

  11. Evaluation of a medication order writing standards policy in a regional health authority

    Science.gov (United States)

    Raymond, Colette B.; Coates, Jan; Woloschuk, Donna M. M.

    2013-01-01

    Background: The Winnipeg Regional Health Authority (WRHA) implemented a medication order writing standards (MOWS) policy (including banned abbreviations) to improve patient safety. Widespread educational campaigns and direct prescriber feedback were implemented. Methods: We audited orders within the WRHA from 2005 to 2009 and surveyed all WRHA staff in 2011 about the policy and suggestions for improving education and compliance. Results: Overall, orders containing banned abbreviations, acronyms or symbols numbered 2261/8565 (26.4%) preimplementation. After WRHA-wide didactic education, the proportion declined to 1358/5461 (24.9%) (p = 0.043) and then, with targeted prescriber feedback, to 1186/6198 (19.1%) (p < 0.0001). A survey of 723 employees showed frequent violations of the MOWS, despite widespread knowledge of the policy. Respondents supported ongoing efforts to enforce the policy within the WRHA. Nonprescribers were significantly more likely than prescribers to agree with statements regarding enhancing compliance by defining prescriber/transcriber responsibilities and placing sanctions on noncompliant prescribers. Discussion: Education, raising general awareness and targeted feedback to prescribers alone are insufficient to ensure compliance with MOWS policies. WRHA staff supported ongoing communication, improved tools such as compliant preprinted orders and reporting and feedback about medication incidents. A surprising number of respondents supported placing sanctions on noncompliant prescribers. Conclusion: Serial audits and targeted interventions such as direct prescriber feedback improve prescription quality in inpatient hospital settings. Education plus direct prescriber feedback had a greater impact than education alone on improving compliance with a MOWS policy. Future efforts at the WRHA to improve compliance will require an expanded focus on incentives, resources and development of action plans that involve all affected staff, not just prescribers

  12. Substate federalism and fracking policies: does state regulatory authority trump local land use autonomy?

    Science.gov (United States)

    Davis, Charles

    2014-01-01

    State officials responsible for the regulation of hydraulic fracturing (fracking) operations used in the production of oil and gas resources will inevitably confront a key policy issue; that is, to what extent can statewide regulations be developed without reducing land use autonomy typically exercised by local officials? Most state regulators have historically recognized the economic importance of industry jobs and favor the adoption of uniform regulatory requirements even if these rules preempt local policymaking authority. Conversely, many local officials seek to preserve land use autonomy to provide a greater measure of protection for public health and environmental quality goals. This paper examines how public officials in three states-Colorado, Pennsylvania, and Texas-address the question of state control versus local autonomy through their efforts to shape fracking policy decisions. While local officials within Texas have succeeded in developing fracking ordinances with relatively little interference from state regulators, Colorado and Pennsylvania have adopted a tougher policy stance favoring the retention of preemptive oil and gas statutes. Key factors that account for between state differences in fracking policy decisions include the strength of home rule provisions, gubernatorial involvement, and the degree of local experience with industrial economic activities.

  13. Local and Regional Authorities as Resources for Implementing Universal Design Policy in Norway.

    Science.gov (United States)

    Lund, Einar

    2016-01-01

    The municipalities and regional authorities are in general resources for achieving national goals. Their management and works are crucial to the development and implementation of Universal Design. Through several programmes, national authorities have worked for activating the local and regional levels. The results are visible. We can see a long-term national strategy to help make society accessible to everyone and prevent discrimination. Participating municipalities and regional authorities are now able to create their own policy and strategies and implement solutions. The national programs have involved interested and motivated municipalities. All the 18 counties in Norway have been involved more or less in different periods and the same with up to a third of the about good 400 municipalities.

  14. Rise in legal skirmishes and intellectual property protectionism force companies to re-examine technology policy

    Energy Technology Data Exchange (ETDEWEB)

    Smith, M.

    2006-12-15

    The possession of intellectual property (IP) has become an important part of a technologically advanced oil and gas industry. Firms that specialize in IP law are now aiding oil and gas companies to establish company-wide IP policies to protect their inventions and properly profit from them. However, many companies do not have a clear policy to report on the commercial value of their IP assets or keep track of efforts made to gain value from them. A patent policy could require that patents be applied for only when the scientific merits and the business merits justify the allocation of personnel and financial resources. Patent disputes can be expensive and have led some companies into financial difficulties. Companies who have not successfully defended their patents may fall victim to patent trolls, who search for un-enforced patents in order to force companies to pay for licence fees or damage awards for the patents that they acquire. Anecdotal evidence suggests that licensing is becoming an important means of generating revenue from process innovations. Petrobank Energy and Resources Ltd. has formed its own research and development company to protect patents for its proprietary toe-to-heel air injection (THAI) oilsands recovery process, and has established a patent cooperation treaty, where patents are filed in various countries in a single procedure. However, many oil and gas companies insist that some new technologies are better protected as trade secrets. To secure a patent, a company must publicly disclose all aspects of an invention. Trade secrets are an option where secrecy can be maintained after commercialization. Unlike patent protection, which expires after 20 years, trade secrets can last indefinitely, as long as the secret is not publicly disclosed or independently developed by a competitor. While patenting may offer a competitive lead-time for some companies, many industry officials prefer to focus on using their innovations in the field. The oil and

  15. Information Warfare: Legal, Regulatory, Policy and Organizational Considerations for Assurance. Second Edition.

    Science.gov (United States)

    1996-07-04

    exceed their authorized access and cause damage. Previous statute excluded insiders. Legislators feared that it might be used against whistle -blowers...displays x Ultrasound visualization (augmented-reality echography display) x x Electronic support measurement bistatic sensor technology x Acoustic...disclosure or whistle blowing. Computer Matching and Privacy Act of 1988. KEY WORDS: Privacy, computer matching, Federal government ABSTRACT: Protects

  16. Identifying health insurance predictors and the main reported reasons for being uninsured among US immigrants by legal authorization status.

    Science.gov (United States)

    Vargas Bustamante, Arturo; Chen, Jie; Fang, Hai; Rizzo, John A; Ortega, Alexander N

    2014-01-01

    This study identifies differences in health insurance predictors and investigates the main reported reasons for lacking health insurance coverage between short-stayed (≤ 10 years) and long-stayed (>10 years) US immigrant adults to parse the possible consequences of the Affordable Care Act among immigrants by length of stay and documentation status. Foreign-born adults (18-64 years of age) from the 2009 California Health Interview Survey are the study population. Health insurance coverage predictors and the main reasons for being uninsured are compared across cohorts and by documentation status. A logistic-regression two-part multivariate model is used to adjust for confounding factors. The analyses determine that legal status is a strong health insurance predictor, particularly among long-stayed undocumented immigrants. Immigration status is the main reported reason for lacking health insurance. Although long-stayed documented immigrants are likely to benefit from the Affordable Care Act implementation, undocumented immigrants and short-stayed documented immigrants may encounter difficulties getting health insurance coverage. Copyright © 2013 John Wiley & Sons, Ltd.

  17. Legal Aspects of the Implementation of European Union’s Common Commercial Policy: Lithuanian Experience and Practice

    Directory of Open Access Journals (Sweden)

    Valantiejus Gediminas

    2016-12-01

    Full Text Available The Common Commercial Policy is the essential basis of the European Union (hereinafter - the EU, which, in particular, is a free trade area between the 28 Member States with a common external customs tariff and a common foreign trade policy as well as common trade rules with the third countries. Implementation of this policy is characterized by the fact that it is based on an exclusive competence of the EU, which after the Treaty of Lisbon (2009 became even more apparent. Therefore the countries of the EU should follow the same legal principles and rules in the regulation of their foreign trade, that is to apply the uniform EU rules on the calculation of customs duties and determination of the customs origin of goods, customs valuation and tariff classification of goods (Common Customs Tariff. However, implementation of these provisions is always experiencing stress due to the different interests of the EU Member States and the different national practices, especially when the administration of customs duties is actually implemented only at the level of individual EU Member States. Therefore the aim of the article is to assess the implementation of the EU’s CCP from the perspective of the EU Member State (Lithuania and to describe existing discrepancies which may serve as an obstacle for the development of common regulatory regime for import customs duties in the EU or hinder its main economic goals in international trade. Analysis of relevant scientific problems is mainly based on the comparative method (comparison of the practice of the national courts in the Republic of Lithuania and the Court of Justice of the European Union in disputes related to the functioning of the EU's customs union and generalization of professional experience (national and EU judicial practice. The research leads to the conclusion that a uniform implementation of Common Commercial Policy and the Common Customs Tariff, as its main element, is not fully ensured on

  18. Legal rights of client councils and their role in policy of long-term care organisations in the Netherlands

    Directory of Open Access Journals (Sweden)

    Westert Gert P

    2011-09-01

    Full Text Available Abstract Background Legislation demands the establishment of client councils in Dutch nursing homes and residential care facilities. The members of those councils are residents or their representatives. Client councils have the right to participate in the strategic management of long-term care facilities. More specifically, they need to be consulted regarding organisational issues and a right to consent on issues regarding daily living of residents, including CQ-index research. CQ-index research concerns a method that measures, analyses and report clients' experiences about the quality of care. Research questions were: 'Do client councils exercise their rights to be consulted and to give their consent?' and 'What is the role of client councils in the process of measuring clients' experiences with the CQ-index and what is their opinion about the CQ-index?' Methods Postal questionnaires were sent to members of 1,540 client councils of Dutch nursing homes and residential care facilities. The questionnaire focussed on background information and client councils' involvement in decision-making and strategic management. Results The response rate was 34% (n = 524. Most councils consisted of seven members (range: 5 to 12 members. One out of four members participating in the client councils were clients themselves. Although councils have a legal right to be consulted for organisational issues like finance, vision, annual report, and accommodation, less than half the councils (31-46% reported that they exercised this right. The legal right to consent was perceived by 18 to 36% of the councils regarding client care issues like food and drink, complaints registration, respectful treatment, and activities. For CQ-index research, only 18% of the client councils perceived a right to consent. Their rights to choose an approved contractor -who performs CQ-index research- and indicating improvement priorities, were hardly used. Conclusions Client councils play a

  19. Author Details

    African Journals Online (AJOL)

    Okeke, GN. Vol 2 (2011) - Articles Fundamental Objectives and Directives Principles of State Policy: A Viable Anti-Corruption Tool in Nigeria Abstract PDF · Vol 2 (2011) - Articles A Legal Approach to Combating Terrorism: Modern Dimension Abstract PDF · Vol 1 (2010) - Articles Judicial precedent in the Nigerian legal ...

  20. Identification of policies for a sustainable legal trade in rhinoceros horn based on population projection and socioeconomic models

    Science.gov (United States)

    Di Minin, Enrico; Laitila, Jussi; Montesino-Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter S; Conway, Anthony J; Moilanen, Atte

    2015-01-01

    Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological–economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the socioeconomic drivers of poaching, based on data collected from 1990 to 2013, and to project the total number of rhinoceroses likely to be illegally killed from 2014 to 2023. Rhinoceros population dynamics were then modeled under 8 different policy scenarios that could be implemented to control poaching. We also estimated the economic costs and benefits of each scenario under enhanced enforcement only and a legal trade in rhinoceros horn and used a decision support framework to rank the scenarios with the objective of maintaining the rhinoceros population above its current size while generating profit for local stakeholders. The southern white rhinoceros population was predicted to go extinct in the wild El Grano de los Datos de Costo Económico con Referencia Espacial y de Beneficio a la Biodiversidad y la Efectividad de una Estrategia de Determinación de Costos Resumen Entre 1990 y 2007, en promedio fueron cazados ilegalmente cada año 15 rinocerontes sureños blancos (Ceratotherium simum simum) y negros (Diceros bicornis) en Sudáfrica. Desde 2007 la caza ilegal de rinocerontes sureños blancos por su cuerno ha escalado a más de 950 individuos al año en 2013. Llevamos a cabo un análisis ecológico-económico para determinar si el comercio legal de cuerno de rinoceronte sureño blanco podría facilitar la protección del rinoceronte. Se usaron modelos lineales generalizados para examinar a los conductores socio-económicos de la caza furtiva, con base en datos colectados

  1. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy.

    Science.gov (United States)

    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

    2014-08-01

    heterogeneous and often contradictory. The lack of legal harmonization and uneven access to infertility treatment and PGD/PGS fosters considerable cross-border reproductive care in Europe, and beyond. This continually evolving field requires communication between the clinical genetics and IVF teams and patients to ensure that they are fully informed and can make well-considered choices. Funding was received from ESHRE, ESHG and EuroGentest2 European Union Coordination Action project (FP7 - HEALTH-F4-2010-26146) to support attendance at this meeting. © The Author 2014. Published by Oxford University Press on behalf of the European Society of Human Reproduction and Embryology. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

  2. The Use of Legal, Illegal, and Roll-you-own Cigarettes to Increasing Tobacco Excise Taxes and Comprehensive Tobacco Control Policies-Findings from the ITC Uruguay Survey

    Science.gov (United States)

    Curti, Dardo; Shang, Ce; Ridgeway, William; Chaloupka, Frank J.; Fong, Geoffrey T

    2015-01-01

    Background Little research has been done to examine whether smokers switch to illegal or roll-your-own (RYO) cigarettes in response to a change in their relative price. Objective This paper explores how relative prices between three cigarette forms (manufactured legal, manufactured illegal, and RYO cigarettes) are associated with the choice of one form over another after controlling for covariates, including sociodemographic characteristics, smokers’ exposure to anti-smoking messaging, health warning labels, and tobacco marketing. Methods Generalized estimating equations (GEE) were employed to analyse the association between the price ratio of two different cigarette forms and the usage of one form over the other. Findings A 10% increase in the relative price ratio of legal to RYO cigarettes is associated with 4.6% increase in the probability of consuming RYO over manufactured legal cigarettes (P≤0.05). In addition, more exposure to anti-smoking messaging is associated with lower odds of choosing RYO over manufactured legal cigarettes (P≤0.05). Non-significant associations exist between the manufactured illegal to legal cigarette price ratios and choosing manufactured illegal cigarettes, suggesting that smokers do not switch to manufactured illegal cigarettes as prices of legal ones increase. However, these non-significant findings may be due to lack of variation in the price ratio measures. In order to improve the effectiveness of increased taxes and prices in reducing smoking, policy makers need to narrow price variability in the tobacco market. Moreover, increasing anti-smoking messaging reduces tax avoidance in the form of switching to cheaper RYO cigarettes in Uruguay. PMID:25740084

  3. Energy policy turnaround and network stability. The new legal general conditions for operators of transmission networks and distribution networks according to paragraph paragraph 13, 14 EnWG; Energiewende und Netzstabilitaet. Die neuen rechtlichen Rahmenbedingungen fuer Uebertragungs- und Verteilernetzbetreiber nach paragraph paragraph 13, 14 EnWG

    Energy Technology Data Exchange (ETDEWEB)

    Weise, Michael; Hartmann, Thies Christian [Becker Buettner Held, Berlin (Germany); Woeldeke, Frank [Braunschweiger Netz GmbH, Braunschweig (Germany)

    2012-06-15

    Network operators have a legal obligation to operate a safe, reliable and efficient energy supply system. The energy policy turnaround in summer 2011 make this order to a special challenge. The further increase in decentralized power supply and the loss of power generation capacity due to the nuclear phase-out are significant factors influencing the safety and reliability of energy supply. The legislator has already changed the central regulations of the Energy Economy Act. The authors of the contribution under consideration present an overview of the current legal framework for network operators. Subsequently, individual measures are presented.

  4. Policy and strategy of the Cuban Regulatory Organization for the establishment of the legal and regulation frame; Politica y estrategia del Organo Regulador Cubano para el establecimiento del marco legal y reglamentario

    Energy Technology Data Exchange (ETDEWEB)

    Arnau F, A.; Alonso G, I.; Sarabia M, I. [Centro Nacional de Seguridad Nuclear (Cuba)

    2006-07-01

    The National Center of Nuclear Security, Cuban entity authorized to exercise the regulation functions and control of the security of the use of the nuclear energy and the accounting and control of the nuclear materials, has among its functions, to elaborate and to propose for its approval to the corresponding instances, the juridical, technical dispositions and of procedure in its competition sphere, what demands that in this sense clear guidelines exist to carry out this social mission. The fact of assuming this function demands the necessity of a Politics for the establishment of the legal and regulation frame that expresses in a coherent way the general lines on those that it behaves the elaboration of the standards that govern this activity, to reach the end in an efficient and effective way and consequently the adoption of a Strategy that frames the necessary actions that assure the one execution and development of the politics and the pursuit of the precise rules for an optimal result. The Politics for the establishment of the legal and regulation frame of the National Center of Nuclear Security is based on a group of general principles that mark the guidelines so that this activity is chord to the national juridical system, to the good ones international practices and the recommendations of the International Atomic Energy Agency appropriated to the national experience and the daily reality, being this a transparent and reconciled process in such a way that the addressee of these standards can contribute their recommendations to the ends of achieving an effective applicability of the legal and regulation frame that governs this activity in the country. The development and pursuit of these principles is sustained in a group of actions to the help of the strategy for the establishment of the legal and regulation frame, embracing the actions so much during the process of elaboration of the legal frame, its systematic revision, the publication and distribution

  5. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  6. CASE COMMENT ON NATIONAL LEGAL SERVICES AUTHORITY V. UNION OF INDIA & OTHERS (AIR 2014 SC 1863: A RAY OF HOPE FOR THE LGBT COMMUNITY

    Directory of Open Access Journals (Sweden)

    M.K. Sahu

    2016-01-01

    Full Text Available The lives of human beings are full of complexities, but LGBT face much more trauma compared to other people. What is necessary is to understand the sentiments of the LGBT community and also to grant them common human rights. But the world lowers its eyes and refuses a discussion over the granting of basic human rights to the LGBT community. And it is so sad to see that such discrimination exists even in the 21st century. Indian law, on the whole, only recognizes the paradigm of the binary genders of male and female, based on a person’s sex assigned at birth, which permits a gender system, including the laws relating to marriage, adoption, inheritance, succession and taxation, and welfare legislation. The most pertinent question with respect to the LGBT community is whether LGBT are to be discriminated against by other human beings. Merely being different does not give others the authority to ostracize one from society. In fact, in July 2009 the Delhi High Court ruled that consensual same-sex relations between adults in private could not be criminalized. Then in a recent judgment, the Supreme Court of India expressed its concerns over the mental trauma, emotional agony and pain of the members of the transgender community: all forms of mental suffering of the LGBT community, as well as ignorance and isolation of the community, were brought to an end by the Court’s decision in National Legal Services Authority v. Union of India & Others.

  7. Public Policy and the Prison System Failure Brazil: Legal Theses 17 and 18 of the Attorney General's Office - Ago, and Immediate Intervention Judicial Power

    Directory of Open Access Journals (Sweden)

    Daniela Carvalho Almeida Da Costa

    2015-12-01

    Full Text Available The purpose of this paper is to analyze the legal feasibility of the judiciary determine the Executive to carry out works in prisons; confronting the reservation of the theory of financially possible and the immediate applicability of explicit fundamental rights in the Constitution, and the latest understanding of our Constitutional Court on the subject. Thus, it was taken as a backdrop the extraordinary appeal object if 592 581 / RS - which resulted in the legal arguments of nos 17 and 18 of the Attorney General - PGR, which concerned about the problem of "judicial control policies public "to ensure the preservation of the fundamental right to physical and moral integrity of prisoners, including renovation, expansion and construction of prisons in the event of failure of state entities. Finally, there was a brief analysis of the structural crisis of the Brazilian prison system, sign flagrant violation of the supreme value of human dignity.

  8. Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

    Science.gov (United States)

    Pelton, Joseph N.

    1996-02-01

    This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern

  9. The Legal Policy Of The General Election As An Independent Commission A Review Of Indonesian Election 2014

    Directory of Open Access Journals (Sweden)

    Josner Simanjuntak

    2015-08-01

    Full Text Available Abstract The Legal Institution of the General Election in Indonesia has an important role in the process of elections to realize the sovereignty of the people. The legal institution is independent as mandated of the Indonesian constitution The 1945 Constitution. In the Election organizers as a chapter of the 1945 Constitution stating that the Election Commission shall be independent and impartial toward participating in the election and political party. However in practice this task is not easy and can be run smoothly it is difficult to maintain a balanced relationship between the participant election commissions. This research is a descriptive analytic one using juridical normative approach to study the legal principles legal synchronization. The technique being used to gather data is librarian research supported by field research using interview and questionnaire technique. The data being gathered are analyzed qualitatively. The result of the research shows that the legal institution the general election in undertaking has not been independent as expected because for institutional and administrative for has not been independence and not impartiality and not professionalism. The rules in the process of elections is it not the election system and achievement of justice.

  10. Modern Questions Of The Legal Philosophy

    Directory of Open Access Journals (Sweden)

    Gennadiy A. Torgashev

    2014-06-01

    Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

  11. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

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

    2016-01-01

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

  12. Implementation of new policy and principles of harmonisation of nuclear emergency preparedness in conditions of emergency Response Centre of the Nuclear Regulatory Authority of the Slovak Republic

    International Nuclear Information System (INIS)

    Janko, K.; Zatlkajova, H.; Sladek, V.

    2003-01-01

    With respect to Chernobyl accident the changes in understanding of nuclear emergency preparedness have initiated a developing process resulting in an effective enhancement of conditions ensuring adequate response to nuclear or radiological accidents of emergency situations in many countries. The Slovak Nuclear Regulatory Authority (UJD) in frame of co-operations with IAEA, EC, OECD/NEA and other international organisations has actively participated in this challenging work targeting implementation of international experience and best practices in the country. The new international policy (principles declared e.g. in 'Memorandum of Understanding', IAEA, Vienna, 1997) based on experiences propagating importance of regional co-operation, harmonised approach and clear strategy for protective measures implementation in case of a nuclear or radiological accident has influenced the development also in Slovakia. The implementation process in the country was supported by changes in legal conditions regulating peaceful use of nuclear energy [1,2] including basic rules for emergency preparedness published in the second half of 1990 years. The principles of emergency preparedness in Slovakia fully support regional harmonisation and co-operation. Effective implementation of international practice and sharing of experience substantially contributed to the level of emergency response in the country and to the harmonisation of emergency response preparedness creating also conditions for an efficient regional integration. (authors)

  13. Applying ethical and legal principles to new technology: the University of Auckland Faculty of Medical and Health Sciences' policy 'Taking and Sharing Images of Patients.'

    Science.gov (United States)

    Jonas, Monique; Malpas, Phillipa; Kersey, Kate; Merry, Alan; Bagg, Warwick

    2017-01-27

    To develop a policy governing the taking and sharing of photographic and radiological images by medical students. The Rules of the Health Information Privacy Code 1994 and the Code of Health and Disability Services Consumers' Rights were applied to the taking, storing and sharing of photographic and radiological images by medical students. Stakeholders, including clinicians, medical students, lawyers at district health boards in the Auckland region, the Office of the Privacy Commissioner and the Health and Disability Commissioner were consulted and their recommendations incorporated. The policy 'Taking and Sharing Images of Patients' sets expectations of students in relation to: photographs taken for the purpose of providing care; photographs taken for educational or professional practice purposes and photographic or radiological images used for educational or professional practice purposes. In addition, it prohibits students from uploading images of patients onto image-sharing apps such as Figure 1. The policy has since been extended to apply to all students at the Faculty of Medical and Health Sciences at the University of Auckland. Technology-driven evolutions in practice necessitate regular review to ensure compliance with existing legal regulations and ethical frameworks. This policy offers a starting point for healthcare providers to review their own policies and practice, with a view to ensuring that patients' trust in the treatment that their health information receives is upheld.

  14. Legal and administrative regulation of the petroleum industry in Trinidad and Tobago: a study of law and policy in petroleum development

    Energy Technology Data Exchange (ETDEWEB)

    Khan, K I.F.

    1984-01-01

    This work has, through an in-depth assessment of the law and institutions employed in the petroleum industry in Trinidad and Tobago, evaluated their viability in achieving declared state objectives and in providing a legal and administrative framework for regulating this industry. After considering the evolution of laws, policies, and institutions, the work focuses mainly on the petroleum contract, the national oil company, taxation of petroleum operations, and the ways of integrating the industry into the national economy and achieving an effective transfer of technology. These central areas are examined from a policy perspective which looks at their role, inter alia, as instruments of development, for securing active state participation, in the creation of an efficient and effective regulatory infrastructure and in allowing an optimum development of the resources, in the interest of the state. Further this examination provides the basis for suggested reforms and improvements to the existing model.

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

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

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

  16. Space and the complexity of European rules and policies: The common projects Galileo and GMES—precedence for a new European legal approach?

    Science.gov (United States)

    Froehlich, Annette

    2010-04-01

    The two European flagship space projects, Galileo and GMES, clearly show that the current existing legal rules of the two organisations involved (European Union and European Space Agency) are not compatible. Moreover, it is quite impossible to implement a common project if every single organisation insists on the application of its own rules strictu sensu. Nevertheless, due to the political desire to advance these projects rapidly and to make them a success, legal obstacles were to be overcome. Consequently, recently concluded agreements between ESA and the EU-Commission concerning the financial and governmental matters of the Galileo and GMES implementation feature a new approach to cooperation between these two organisations. However, the question remains if they can be taken as precedence for a future institutionalised cooperation? It follows that the agreements have to be analysed in order to understand how a mutually acceptable agreement was reached despite the disparity in the rules of both organisations. In this regard, especially the financial decision agreement concerning Galileo in December 2007 shows a very interesting and unique way in applying EU-competition law. In the same way, the GMES-Delegation Agreement of spring 2008 is a good example of how two different legal systems can be applied to make a project success. Additionally, the reasons and arguments of both organisations have to be considered, especially once the Treaty of Lisbon will be in force. As these two main projects of the European Space Policy are characterized by the desire for a successful European cooperation, they can be regarded as an important step forward for a new legal approach. A new system emerges which could be taken into consideration for further common projects undertaken by ESA and the EU.

  17. Vast Rise of Unconventional Hydraulic Fracturing in the United States, and the Extensive Adverse Ecological and Legal Consequences, Resulting from Failed Federal and State Regulatory Policies

    Science.gov (United States)

    Krokus, A.

    2017-12-01

    The quantity of unconventional HF campaigns has increased immensely, predominantly in the US, over the past decade. Numerous scholars have published research pertaining to the negative consequences resulting from HF. The principal contributor of the detrimental damage sustained, is the regulations administering HF, fail to protect against adverse externalities such as the increased frequency and intensity of injection induced seismicity. Induced earthquakes are now associated within the scope of civil litigation. Historically, seismicity has been perceived as an unpredictable catastrophic event. Currently, there is a plethora of litigation transpiring due to induced seismicity. These credible cases pose as a peril to existing legal theory, generating the potential to manifest profound consequences. Conducting qualitative policy oriented research indicated that regulations which protect against unfavorable repercussions, are administered by state authorities and corporations, who provide absolute governance. The EPA of 2005, 42 USCS § 15801 exempted HF from CWA, 33 USCS § 1251 and SWDA, 42 USCS § 300f. Applying an analytical jurisprudence approach, utilizing qualitative, longitudinal, and explanatory indagation, this study reviewed judicial dictum, orbiter dictum, along with transcripts related to every pending, dismissed, or settled litigated claim, related to damages involving induced seismicity in the states of AR, OK, and TX. Concluding that plaintiffs seeking declaratory and injunctive relief under RCRA, 42 U.S.C. § 6972(a)(1)(B) will be unsuccessful. District judges have followed precedent established by 319 U.S. 315 (1943), recently demonstrated in Sierra Club v. Chesapeake Operating, 5:16-CV-00134, and Pawnee Nation v. Eagle Road Oil, No. CIV-2017-803. Federal legislators can enact safe regulations under U.S. Const. art. I, § 8, cl. 3, articulated in 312 U.S. 100 (1941), reaffirmed by 317 U.S. 111 (1942), and 514 U.S. 549 (1995). OR has predicted a 40

  18. FY2012 National Defense Authorization Act: Selected Military Personnel Policy Issues

    Science.gov (United States)

    2012-01-05

    19 Military Regulations Regarding Marriage ...21 Use of Military Installations as Sites for Marriage Ceremonies and Participation of Chaplains and Other Military and Civilian Personnel in...111-321 called for the repeal of Title 10 U.S.C., Section 654, which served as the basis for the 1993 policy banning open homosexuality in the

  19. Secondhand Smoke Exposure and Smoke-Free Policy Support Among Public Housing Authority Residents in Rural and Tribal Settings.

    Science.gov (United States)

    Schmidt, Lisa M; Reidmohr, Alison A; Helgerson, Steven D; Harwell, Todd S

    2016-12-01

    Previous research has shown that multi-unit housing (MUH) residents are at risk of secondhand smoke (SHS) exposure, which can transfer between units. The purpose of this study was to determine SHS exposure and examine attitudes towards smoking policies among public housing authority (PHA) residents in rural and tribal settings. A self-administered questionnaire was completed by 895 adult tenants (41 % response rate) living in PHA multiunit buildings in Montana in 2013. Our primary outcome was tenant support of smoke-free policies; our secondary outcome was exacerbation of child asthma symptoms due to SHS exposure. In 2014, we used multiple logistic regression models to test associations between independent variables and outcomes of interest. The majority (80.6 %) of respondents supported having a smoke-free policy in their building, with support being significantly higher among nonsmokers [adjusted odds ratio (aOR) 4.2, 95 % confidence interval (CI) 1.5-11.6] and among residents living with children (aOR 2.9, 95 % CI 1.3-6.2). Tribal residents were as likely to support smoke-free policies as non-tribal residents (aOR 1.4; 95 % CI 0.5-4.0). Over half (56.5 %) of respondents reported SHS exposure in their home; residents in a building with no smoke-free policy in place were significantly more likely to report exposure (aOR 3.5, 95 % CI 2.2-5.5). SHS exposure was not significantly associated with asthma symptoms. There is a significant reduction in exposure to SHS in facilities with smoke-free policies and there is strong support for such policies by both tribal and non-tribal MUH residents. Opportunities exist for smoke-free policy initiatives in rural and tribal settings.

  20. Sustainability, energy policy, climatic change, world food supply. Political and legal challenges of the 21th century

    International Nuclear Information System (INIS)

    Haertel, Ines

    2014-01-01

    The book on sustainability, energy policy, climatic change, world food supply as political challenges in the 21th century includes contributions on the following topics: sustainability and environment, energy and climatic change, agriculture and world food supply.

  1. Health, Climate Change and Energy Vulnerability: A Retrospective Assessment of Strategic Health Authority Policy and Practice in England

    Directory of Open Access Journals (Sweden)

    J. Richardson B.Sc., Ph.D., RN., DipDN., CPsychol., PGCE.

    2008-01-01

    Full Text Available Background A number of policy documents suggest that health services should be taking climate change and sustainability seriously and recommendations have been made to mitigate and adapt to the challenges health care providers will face. Actions include, for example, moving towards locally sourced food supplies, reducing waste, energy consumption and travel, and including sustainability in policies and strategies. A Strategic Health Authority (SHA is part of the National Health Service (NHS in England. They are responsible for developing strategies for the local health services and ensuring high-quality performance. They manage the NHS locally and are a key link between the U.K. Department of Health and the NHS. They also ensure that national priorities are integrated into local plans. Thus they are in a key position to influence policies and practices to mitigate and adapt to the impact of climate change and promote sustainability. Aim The aim of this study was to review publicly available documents produced by Strategic Health Authorities (SHA to assess the extent to which current activity and planning locally takes into consideration climate change and energy vulnerability. Methods A retrospective thematic content analysis of publicly available materials was undertaken by two researchers over a six month period in 2008. These materials were obtained from the websites of the 10 SHAs in England. Materials included annual reports, plans, policies and strategy documents. Results Of the 10 SHAs searched, 4 were found to have an absence of content related to climate change and sustainability. Of the remaining 6 SHAs that did include content related to climate change and energy vulnerability on their websites consistent themes were seen to emerge. These included commitment to a regional sustainability framework in collaboration with other agencies in the pursuit and promotion of sustainable development. Results indicate that many SHAs in England

  2. Exchange of information between nuclear safety authorities: Policy of the French regulator

    International Nuclear Information System (INIS)

    Asty, Michel

    2000-01-01

    Full text: The decree setting up the Nuclear Safety Authority in 1973 entrusted it with international assignments whose objectives are still valid: - develop exchanges of information with foreign counterparts on regulatory systems and practices, on problems encountered in the nuclear safety field and on provisions made, with a view to enhancing its approach, and - becoming better acquainted with the actual operating practice of these Safety Authorities from which lessons could be learned for its own working procedures; - improving its position in the technical discussions with the French operators, since its arguments would be strengthened by practical knowledge of conditions abroad; - make known and explain the French approach and practices in the nuclear safety field and provide information on measures taken to deal with the problems encountered. This approach has several objectives: - promote the circulation of information on French positions on certain issues, such as very low level waste, for instance; - assist some countries wishing to create or modify their Nuclear Safety Authority, such as countries of the former USSR, the Central and Eastern European countries, and emerging countries on other continents; - help, when requested, foreign Safety Authorities required to issue permits for nuclear equipment of French origin; - provide the countries concerned with all relevant information on French nuclear installations located near their frontiers. Examples are given on the way the French Nuclear Safety Authority implements these objectives. (author)

  3. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy

    Science.gov (United States)

    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

    2013-01-01

    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

  4. Navigating the Contested Terrain of Teacher Education Policy and Practice: Authors Respond to SCALE

    Science.gov (United States)

    Henning, Nick; Dover, Alison G.; Dotson, Erica; Agarwal-Rangath, Ruchi; Clayton, Christine D.; Donovan, Martha K.; Cannon, Susan O.; Cross, Stephanie Behm; Dunn, Alyssa Hadley

    2018-01-01

    Stanford Center for Assessment, Learning, and Equity (SCALE) provided a commentary on the manuscripts in the first part of this special issue, which highlighted the benefits of edTPA and the necessity for such assessment programs to improve teacher education and strengthen teaching practices. In turn, the authors responded to the SCALE commentary.…

  5. Health Data Sharing Preferences of Consumers: Public Policy and Legal Implications of Consumer-Mediated Data Management

    Science.gov (United States)

    Moon, Lisa A.

    2017-01-01

    An individual's choice to share or have control of the sharing or withholding of their personal health information is one of the most significant public policy challenges associated with electronic information exchange. There were four aims of this study. First, to describe predictors of health data sharing preferences of consumers. Second, to…

  6. USING SPLINE FUNCTIONS FOR THE SUBSTANTIATION OF TAX POLICIES BY LOCAL AUTHORITIES

    Directory of Open Access Journals (Sweden)

    Otgon Cristian

    2011-07-01

    Full Text Available The paper aims to approach innovative financial instruments for the management of public resources. In the category of these innovative tools have been included polynomial spline functions used for budgetary sizing in the substantiating of fiscal and budgetary policies. In order to use polynomial spline functions there have been made a number of steps consisted in the establishment of nodes, the calculation of specific coefficients corresponding to the spline functions, development and determination of errors of approximation. Also in this paper was done extrapolation of series of property tax data using polynomial spline functions of order I. For spline impelementation were taken two series of data, one reffering to property tax as a resultative variable and the second one reffering to building tax, resulting a correlation indicator R=0,95. Moreover the calculation of spline functions are easy to solve and due to small errors of approximation have a great power of predictibility, much better than using ordinary least squares method. In order to realise the research there have been used as methods of research several steps, namely observation, series of data construction and processing the data with spline functions. The data construction is a daily series gathered from the budget account, reffering to building tax and property tax. The added value of this paper is given by the possibility of avoiding deficits by using spline functions as innovative instruments in the publlic finance, the original contribution is made by the average of splines resulted from the series of data. The research results lead to conclusion that the polynomial spline functions are recommended to form the elaboration of fiscal and budgetary policies, due to relatively small errors obtained in the extrapolation of economic processes and phenomena. Future research directions are taking in consideration to study the polynomial spline functions of second-order, third

  7. Legal Deposit provision of the National Library Act: implementation ...

    African Journals Online (AJOL)

    Abstract. The Legal Deposit Act of the National Library of Nigeria is critically examined with regard to its implementation, presentation and benefits. ... The paper presents guidelines for collective drive and statutory functions and services implementations. ... for Authors · for Policy Makers · about Open Access · Journal Quality.

  8. Requirements of health policy and services journals for authors to disclose financial and non-financial conflicts of interest: a cross-sectional study.

    Science.gov (United States)

    Khamis, Assem M; Hakoum, Maram B; Bou-Karroum, Lama; Habib, Joseph R; Ali, Ahmed; Guyatt, Gordon; El-Jardali, Fadi; Akl, Elie A

    2017-09-19

    The requirements of the health policy and services journals for authors to report their financial and non-financial conflicts of interest (COI) are unclear. The present article aims to assess the requirements of health policy and services journals for authors to disclose their financial and non-financial COIs. This is a cross-sectional study of journals listed by the Web of Science under the category of 'Health Policy and Services'. We reviewed the 'Instructions for Authors' on the journals' websites and then simulated the submission of a manuscript to obtain any additional relevant information made available during that step. We abstracted data in duplicate and independently using a standardised form. Out of 72 eligible journals, 67 (93%) had a COI policy. A minority of policies described how the disclosed COIs of authors would impact the editorial process (34%). None of the policies had clear-cut criteria for rejection based on the content of the disclosure. Approximately a fifth of policies (21%) explicitly stated that inaccurate or incomplete disclosures might lead to manuscript rejection or retraction. No policy described whether the journal would verify the accuracy or completeness of authors' disclosed COIs. Most journals' policies (93%) required the disclosure of at least one form of financial COI. While the majority asked for specification of source of payment (71%), a minority asked for the amount (18%). Overall, 81% of policies explicitly required disclosure of non-financial COIs. A majority of health policy and services journal policies required the disclosure of authors' financial and non-financial COIs, but few required details on disclosed COIs. Health policy journals should provide specific definitions and instructions for disclosing non-financial COIs. A framework providing clear typology and operational definitions of the different types of COIs will facilitate both their disclosure by authors and reviewers and their assessment and management by

  9. Confronting Cyber-Bullying: What Schools Need to Know to Control Misconduct and Avoid Legal Consequences

    Science.gov (United States)

    Shariff, Shaheen

    2009-01-01

    This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators' legal responsibilities to intervene when such…

  10. Designing "Real-World" trials to meet the needs of health policy makers at marketing authorization.

    Science.gov (United States)

    Calvert, Melanie; Wood, John; Freemantle, Nick

    2011-07-01

    There is increasing interest in conducting "Real-World" trials that go beyond traditional assessment of efficacy and safety to examine market access and value for money questions before marketing authorization of a new pharmaceutical product or health technology. This commentary uses practical examples to demonstrate how high-quality evidence of the cost-effectiveness of an intervention may be gained earlier in the development process. Issues surrounding the design and analysis of "Real-World" trials to demonstrate relative cost-effectiveness early in the life of new technologies are discussed. The modification of traditional phase III trial designs, de novo trial designs, the combination of trial-based and epidemiological data, and the use of simulation model-based approaches to address reimbursement questions are described. Modest changes to a phase III trial protocol and case report form may be undertaken at the design stage to provide valid estimates of health care use and the benefits accrued; however, phase III designs often preclude "real-life" practice. Relatively small de novo trials may be used to address adherence to therapy or patient preference, although simply designed studies with active comparators enrolling large numbers of patients may provide evidence on long-term safety and rare adverse events. Practical examples demonstrate that it is possible to provide high-quality evidence of the cost-effectiveness of an intervention earlier in the development process. Payers and decision makers should preferentially adopt treatments with such evidence than treatments for which evidence is lacking or of lower quality. Copyright © 2011 Elsevier Inc. All rights reserved.

  11. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    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)

  12. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  13. Liberalisation of EC gas transportation. A critical review of legal and policy arguments driving the discussion on third party access

    International Nuclear Information System (INIS)

    Walde, T.W.

    1992-01-01

    There is no integrated European gas market, but a number of national, quite tightly segregated and insulated gas markets. Gas is partly produced in these national markets (Netherlands, UK, less so in France and Germany) and imported from major, EC- and non-EC, gas exporters (countries emerging out of former USSR, Norway, Netherlands, Algeria, Libya). All European national gas markets are dominated by monopolies or quasi-monopolies controlling importation, transportation and local distribution; in some, particularly the French and South European gas markets, the gas business is controlled by public monopolies. In the United Kingdom, gas is dominated by a now private monopoly under the surveillance of a regulator - OfGas, whose duties include the oversight of competition in the gas industry in the UK and the task of facilitating direct purchases from gas producers (i.e. North Sea oil and gas companies) and traders. (author)

  14. Yesterday's war; tomorrow's technology: peer commentary on 'Ethical, legal, social and policy issues in the use of genomic technologies by the US military'.

    Science.gov (United States)

    Evans, Nicholas G; Moreno, Jonathan D

    2015-02-01

    A recent article by Maxwell J. Mehlman and Tracy Yeheng Li, in the Journal of Law and the Biosciences , sought to examine the ethical, legal, social, and policy issues associated with the use of genetic screening and germ-line therapies ('genomic technologies') by the US Military. In this commentary, we will elaborate several related matters: the relationship between genetic and non-genetic screening methods, the history of selection processes and force strength, and the consequences and ethics of, as Mehlman and Li suggest, engineering enhanced soldiers. We contend, first, that the strengths of genomic testing as a method of determining enrollment in the armed forces has limited appeal, given the state of current selection methods in the US armed forces. Second, that the vagaries of genetic selection, much like other forms of selection that do not bear causally or reliably on soldier performance (such as race, gender, and sexuality), pose a systematic threat to force strength by limiting the (valuable) diversity of combat units. Third, that the idea of enhancing warfighters through germ-line interventions poses serious ethical issues in terms of the control and ownership of 'enhancements' when members separate from service.

  15. Author Details

    African Journals Online (AJOL)

    Abdulraheem-Mustapha, MA. Vol 1 (2010) - Articles Corruption in Nigeria: A call for an aggressive legal solution. Abstract PDF. ISSN: 2276-7371. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...

  16. Author Details

    African Journals Online (AJOL)

    Aldiyarova, Aidana. Vol 7 (2016) - Articles Legal matters of the modern silk road between the people's Republic of China and the Republic of Kazakhstan Abstract PDF. ISSN: 2276-7371. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's ...

  17. Author Details

    African Journals Online (AJOL)

    Thom, Rita GM. Vol 6, No 3 (2003) - Articles HIV/AIDS and mental illness: ethical and medico-legal issues for psychiatric services. Abstract PDF. ISSN: 1994-8220. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and ...

  18. Author Details

    African Journals Online (AJOL)

    Mulugeta, Wondwossen. Vol 32 (2014) - Articles Legal framework for implementation of m-government in Ethiopia: best practices and lessons learnt. Abstract PDF. ISSN: 0514-6216. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners ...

  19. Author Details

    African Journals Online (AJOL)

    Gowak, S M. Vol 2, No 2 (2008) - Articles Alternative Dispute Resolution in Ethiopia- A Legal Framework Abstract PDF. ISSN: 2070-0083. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact ...

  20. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

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

  1. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  2. INHERENT VICE & INSUFFICIENT PACKING CLAUSES FOR ALL RISKS INSURANCE POLICIES UNDER BRITISH INSTITUTE CARGO CLAUSES : legal issues arising from claims of loss during sea transportation of large technical equipments

    OpenAIRE

    Cheng, Jia

    2010-01-01

    Analysis and presentation of this thesis is supported by studies of many relevant cases where the major arguments are set around the exclusion clauses concerning the ‘all risks cover’ policy as found in Institute Cargo Clauses. Two cases are especially emphasized, namely Mayban General Assurance BHD v. Alstom Power Plants Ltd. and Global Process Systems Inc v. Syarikat Takaful Malaysia Berhad , mainly because of the special nature of the subject matter insured in these cases. The legal i...

  3. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  4. Regulatory authority infrastructure for Namibia

    International Nuclear Information System (INIS)

    Shangula, K.

    2001-01-01

    The Republic of Namibia is participating in the International Atomic Energy Agency's Model Project for the Improvement of National Regulatory Authority Infrastructures in Member States. The paper illustrates our experience in solving problems and difficulties confronted in establishing an effective regulatory authority operating within the existing national infrastructure that should be supported by the Government. An effective regulatory authority is seen as part of the wider administrative scope of our Government through ministerial mandates given by the State from time to time, guaranteeing its independence when implementing legal provisions under statutes. Sections of the report illustrate our experience in the following areas: 1. National radiation protection policy 2. Structure of our national regulatory authority 3. Laws and regulations 4. Provisions for notification, authorization and registration 5. In-depth security measures for radiation sources and radioactive material 6. Systems for the inspection of radiation sources, radioactive materials, enforcement of legal provisions 7. Extent of the applications of radiation sources and radioactive materials in the country. The paper provides information regarding existing Government policy on radiation protection; structure and legal aspects of the national regulatory, including statutes and regulations; the extent of application and uses of radiation sources and security of radioactive materials; human resources: strengths and constraints; management practices and financing of regulatory authority; and plans for emergency recovery of orphan sources. National plans for management of disused sources, recovery of orphan sources, abnormal emergencies, communication of information to affected persons on exposure effects, and the safety training of persons using these applications are discussed. the paper provides a summary and some suggestions of the way forward for Namibia. (author)

  5. Compliance. Regulatory policy P-211

    International Nuclear Information System (INIS)

    2001-05-01

    This regulatory policy describes the basic principles and directives for establishing and conducting the Canadian Nuclear Safety Commission (CNSC) Compliance Program. The program is aimed at securing compliance by regulated persons with regulatory requirements made under the Nuclear Safety and Control Act ('the Act'). The policy applies to persons who are regulated by the CNSC through the Act, regulations and licences, as well as by decisions and orders made under the Act. The policy applies to officers and employees of the CNSC, and its authorized representatives or agents, who are involved in developing and carrying out compliance activities. Compliance, in the context of this policy, means conformity by regulated persons with the legally binding requirements of the Act, and the CNSC regulations, licences, decisions, and orders made under the Act. Compliance activities are CNSC measures of promotion, verification and enforcement aimed at securing compliance by regulated person with the applicable legally binding requirements. (author)

  6. Analysis of the Constitutional and Legal Relations of the Romanian Ombudsman Institution with the other Public and Non-Governmental National Authorities

    Directory of Open Access Journals (Sweden)

    Mădălina Cocosatu

    2012-12-01

    Full Text Available Objectives: In the democratic states, the assertion and respect of the fundamental rights of the citizens represent an essential characteristic, both at the national, and at the international level. In this paper, we shall analyze the relations that are established with the Parliament, the executive power, the judicial power, the Constitutional Court and the non-governmental organizations. These relations are of collaboration, control or information, depending on the activity performed by the respective institution or structure. Prior work: I’ve tried to find and debate hermeneutical new regulations and doctrinal opinions in this domain very important for those who practice Administrative law and Constitutional law. Results: In European Union and Member States, the enforcement decisions of Ombudsman is viewed with great interest, being considered an important public authority. Value: We believe that the role of ombudsman is accentuated by the importance given to it by the public authorities, but also by the degree of the institution’s reception by the public opinion. In this sense, the relations between Ombudsman and the non-governmental organizations are of collaboration, focused, mainly, on two directions: in the field of preventing possible breaches of the citizens’ rights and liberties and in the field of the actual protection of the rights breached.

  7. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  8. Evaluating the Legitimacy of Contemporary Legal Strategies for Obesity.

    Science.gov (United States)

    Morain, Stephanie

    2015-12-01

    Contemporary legal strategies for obesity raise troubling questions regarding individual liberty and the legitimate scope of public health authority. This article argues that the predominant approach to assessing public health legitimacy--John Stuart Mill's "harm principle"--may be unsuitable for evaluating the legitimacy of legal strategies for obesity. The article proposes an alternative test for assessing the legitimate scope of public health authority: John Rawls's liberal principle of legitimacy. It outlines how Rawls's principle would evaluate obesity policies, and contrasts this evaluation to that of Mill. The alternative test avoids some of the limitations of the Millian approach, and may offer an improved mechanism for assessing the liberty effects of policies for obesity and other public health activities.

  9. Author Details

    African Journals Online (AJOL)

    Love, Alison. Vol 29, No 2 (2002) - Articles Policy-makers, the Press and Politics: Reporting a Public Policy Document Details. ISSN: 0379-0622. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...

  10. Author Details

    African Journals Online (AJOL)

    van Zyl, G. Vol 38, No 1 (2008): - Articles Economic Growth, Redistribution Policy and Fiscal Policy in South Africa: An SVAR Analysis Abstract. ISSN: 1995-641X. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and ...

  11. Policy

    African Journals Online (AJOL)

    A paper presented at the Economic Commission for Africa. Second Meeting of ... solutions to their own challenges. However, the age ..... is highly complementary to improved varieties of fertilizer [26]. ... still the subject of debate on ethical, legal, bio- diversity and .... The dimensions of sustainable agriculture are multiple [30] ...

  12. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  13. Legal Network report calls for decriminalization of prostitution in Canada.

    Science.gov (United States)

    Betteridge, Glenn

    2005-12-01

    In December 2005 the Canadian HIV/AIDS Legal Network released Sex, work, rights: reforming Canadian criminal laws on prostitution. The report examines the ways in which the prostitution-related provisions of the Criminal Code, and their enforcement, have criminalized many aspects of sex workers' lives and have promoted their social marginalization. Evidence indicates that the criminal law has contributed to health and safety risks, including the risk of HIV infection, faced by sex workers. The Legal Network calls for the decriminalization of prostitution in Canada, and for other legal and policy reforms that respect the human rights and promote the health of sex workers. Despite the report's Canadian focus, its human rights analysis is relevant to the situation of sex workers in other countries where prostitution is illegal and sex workers face rights abuses. In this article, Glenn Betteridge, the principal author of the report, briefly sets out the case for law reform.

  14. Environmetal protection within the law relating to regional policy. Anchoring the climatic protection und the protection of biodiversity within the law relating to regional policy; Umweltschutz im Planungsrecht. Die Verankerung des Klimaschutzes und des Schutzes der biologischen Vielfalt im raumbezogenen Planungsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Janssen, Gerold; Albrecht, Juliane [Leibniz-Institut fuer oekologische Raumentwicklung e.V., Dresden (Germany)

    2008-03-15

    The report is concerned with the anchoring of the climate protection within the law relating to regional policy. The report covers the following topics: (1) Fundamentals of planning policy: the regional planning legislation, municipal planning authority, constitutional provisos, environmental protection as constitutional principle; (2) climate protection laws: legal instruments; legal planning relevance of climate protection instruments deficiencies and protective effect; (3) biodiversity protection: laws concerning biodiversity, legal planning relevance of biodiversity protection instruments: deficiencies and protective effects.

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

    NARCIS (Netherlands)

    Waddington, L.B.; Toepke, C

    2014-01-01

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

  16. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  17. 41 CFR 301-71.108 - What internal policies and procedures must we establish for travel authorization?

    Science.gov (United States)

    2010-07-01

    ... and procedures must we establish for travel authorization? 301-71.108 Section 301-71.108 Public Contracts and Property Management Federal Travel Regulation System TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES AGENCY RESPONSIBILITIES 71-AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS Travel Authorization § 301-71.108...

  18. Letalidade policial e indiferença legal: A apuração judiciária dos ‘autos de resistência’ no Rio de Janeiro (2001-2011

    Directory of Open Access Journals (Sweden)

    Michel Misse

    2015-09-01

    Full Text Available O artigo apresenta os principais resultados de pesquisa sobre homicídios cometidos por policiais na cidade do Rio de Janeiro em suposto confronto legal. Foi acompanhado o fluxo de uma amostra do processamento policial e judiciário dos casos de mortes cometidas por policiais e inicialmente registrados como “homicídio proveniente de auto de resistência”, isto é, com presumida legítima defesa. Foi também descrito o trabalho de elaboração dos inquéritos e processos e as práticas da construção de versões sobre o fato que ganham forma nos autos, identificando assim os elementos que permitem legitimar ou questionar a legalidade da ação policial. The article Police Lethal Force and Legal Indiffer­ence: The Judicial Processing of ‘Resistance Killings’ in Rio de Janeiro (2001-2011 presents the main re­sults of a research on police killings in the city of Rio de Janeiro. It analyses the processing flow, in the criminal jus­tice system, of a sample of homicide cases committed by police officers and initially recorded as “resistance killings”, that is, as committed in presumed self-defense. The paper also describes the work in the investigation reports and criminal processes and the practices of constructing the versions of facts that take form in the case-files, thus, iden­tifying the elements that either legitimize or cast doubt on the legality of police lethal action.Keywords: police lethal force, resistance killing, process flow in criminal justice system, police, Rio de Janeiro

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

    OpenAIRE

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional l...

  20. Globalization and new policy concerns

    DEFF Research Database (Denmark)

    Daugbjerg, Carsten; Swinbank, Alan

    2015-01-01

    The transfer of some decision-making authority from the domestic to the supranational arena as a result of the establishment of the World Trade Organization (WTO) in 1995 potentially changed domestic policy dynamics. The WTO agreements reflect the trade policy concerns addressed in the Uruguay...... Round in the late 1980s and early 1990s. This article applies and adapts historical institutionalism to explain how international organizations may constrain and facilitate certain domestic policy options. It demonstrates that, while the WTO legal framework has become more receptive of environmental...

  1. Actio Libera in Causa in Paraguay in the light of the german penal dogmatic: a decision between criminal policy and the legality principlempire to Republic.

    Directory of Open Access Journals (Sweden)

    César A. Cañete Prette

    2016-08-01

    Full Text Available The Paraguayan Criminal Code prescribes culpability as a necessary condition for the imposition of a sanction/punishment. Likewise, in its art. 23, it establishes that, whoever at the moment of the commission of a crime or offense, by cause of a grave perturbation to its consciousness, is not aware of the anti-juridical nature of its acts, shall be deemed irreproachable, and henceforth shall be free from the imposition of a sanction. Given that said norm does not contemplate an exemption, this allows the perpetrator to escape the ius puniendi, when he/she purposefully provokes the state of irreproachability to perpetrate the planned act. This is the problem which the actio libera in causa seeks to provide an answer for. The application of the said theory is however neither anchored in the Paraguayan doctrine or case law. Under this considerations, the present article seeks to contribute to this discussion by carrying out a legal analysis of the application of the action libera in causa in the light of the theories discussed in the German criminal law scholarship, looking to shed light on the potential legal consequences that the application or rejection of the action libera in causa would have considering the current state of the Paraguayan criminal laws/Paraguayan criminal legal system.

  2. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

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

  3. Legal and political obstacles to smoke-free regulation in Minnesota regions.

    Science.gov (United States)

    Cork, Kerry; Forman, Carolyn

    2008-12-01

    As communities move toward statewide smoke-free regulation, progress is often stymied by legal and political challenges that arise when multiple cities and counties share regulatory power within what is, for economic purposes, a single population center. Political challenges are exacerbated by legal inconsistencies and uncertainties, such as confusing and conflicting lawmaking power in boards of health, cities or counties, and diverse procedures and timelines for adopting and amending ordinances. Surprisingly little research is available about the legal and political obstacles communities face in regulating tobacco on a regional basis. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006, to examine the approaches regulatory authorities took in each of these communities, and to identify strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. Legal impediments included confusing rules for passing smoke-free laws via ballot measures (initiatives and referenda); distracting lawsuits; and conflicts over legal jurisdiction. Political challenges included the recurrent argument for regional consistency, protracted timelines, pending legislation and elections, and mayoral vetoes. Legal and political challenges similar to those in this study appear in smoke-free campaigns across the U.S. By recognizing the risks posed by these obstacles, advocates will be better prepared to advance smoke-free policies effectively.

  4. 14 CFR 385.21 - Authority of the Chief, Accounting Division, Office of Budget and Policy, Federal Transit...

    Science.gov (United States)

    2010-01-01

    ... OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) ORGANIZATION STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS Assignment of Functions to Staff Members § 385.21 Authority...

  5. "Mr Police Officer, I Thought Cannabis Was Legal"--Introducing New Policy regarding Cannabis in Belgium: A Story of Good Intentions and Babel

    Science.gov (United States)

    Gelders, Dave; Laenen, Freya Vander

    2007-01-01

    Over the last five years, the announced new policy on drugs, cannabis in particular, has been the subject of much debate within the Belgian Federal Government and between the government and the opposition parties. Unclear policies and poor public communication from the Federal Government, the competent minister and the other parties caused immense…

  6. Undocumented Youth Living Between the Lines: Urban Governance, Social Policy, and the Boundaries of Legality in New York City and Paris

    Science.gov (United States)

    Ruszczyk, Stephen P.

    This dissertation compares the transition to adulthood of undocumented youth in New York and Paris, along with analysis of the construction of illegality in each city. In both the United States and France, national restrictions against undocumented immigrants increasingly take the form of deportations and limiting access to social rights. New York City and Paris, however, mitigate the national restrictions in important but different ways. They construct "illegality" differently, leading to different young adult outcomes and lived experiences of "illegality." This project uses seven years of multi-site ethnographic data to trace the effects of these mitigated "illegalities" on two dozen (male) youth. We can begin to understand the variation in these undocumented young men's social lives within and between cities by centering on (1) governance structure, the labyrinth of obtaining rights associated with citizenship, (2) citizenship, the possibility of gaining a legal status, steered in particular by civil society actors, and (3) identity, here centered on youths' negotiation of social mobility with the fear of enforcement. Biographical narratives show the shifts in social memberships as youth transition to new countries, new restrictions at adulthood, and new, limiting work. In New York, most social prospects are flattened as future possibilities are whittled down to ones focusing on family and wages. Undocumented status propels New York informants into an accelerated transition to adulthood, as they take on adult responsibilities of work, paying bills, and developing families. In Paris, youth experience more divergent processes of transitioning to adulthood. Those who are more socially integrated use a civil society actor to garner a (temporary) legal status, which does not lead to work opportunities. Those who are less socially integrated face isolation as they wait to gain status and access to better jobs. Paris undocumented youth are thus characterized by a

  7. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

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

  8. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

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

  9. The legal process of environmental evaluation and examination in North America and in the European Union

    International Nuclear Information System (INIS)

    Delpiano, V.

    1999-01-01

    The most important goal of the Environmental Law is to maximize the prevention approach. As so far, a scheme has been initiated since a few years to reach this objective: a legal environmental process with a lot of mechanisms whose the objective is to estimate the environmental impact of a project in order to control it. This legal environmental process including for example the Environmental Impact Assessment is more and more integrated in the environmental policies of the industrialized countries. It began in North America, first in the U.S.A. but also in Canada. A few years after, the countries of the Western Europe, particularly the European Unions, have introduced a similar legal process taking into account the specificities of these European countries. So if the goals of this legal environmental preventive approach are similar in North America and in Western Europe, the implementation is often different according to the legal, economic but also sociological structures of these two major regions. This Phd Thesis try to study the two major impacts of this legal evaluating process: it is implemented by the public authorities to reach with a best result a Sustainable Development. But also, it tries to combine the protection of the Environment and the utilisation of legal, economic and financial mechanisms of the Market to obtain a fair trade competition. (authors)

  10. The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

    Science.gov (United States)

    Burman, Monica

    2010-02-01

    The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

  11. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

    Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

  12. PUBLIC POLICY AND TAXATION

    Directory of Open Access Journals (Sweden)

    IOSIF MOLDOVAN

    2014-10-01

    Full Text Available The state administration process and hence also the economy coordination effort requires the promotion of robust, consistent and transparent public policy, which must be accepted by all stakeholders of economic development. Public policy is a set of measures taken by the authorities legally constituted as public power. Under normal conditions these policy aims at improving living conditions of citizens by developing grounded strategies which are applied by measures implemented to stimulate economic development in all its complexity by harmonizing the efforts of the institutional and non-institutional bodies responsible for ensuring the overall public interest. In Romania, public policies, especially fiscal ones on which we dwell, not reached in many cases the expected effects primarily because of their superficial grounding, lack of transparency, unpredictability, poor communication and secondly as an effect of ineffective management of public financial resources.

  13. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  14. 42 CFR 57.1511 - Opinion of legal counsel.

    Science.gov (United States)

    2010-10-01

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

  15. Sustainability, energy policy, climatic change, world food supply. Political and legal challenges of the 21th century; Nachhaltigkeit, Energiewende, Klimawandel, Welternaehrung. Politische und rechtliche Herausforderungen des 21. Jahrhunderts

    Energy Technology Data Exchange (ETDEWEB)

    Haertel, Ines (ed.)

    2014-07-01

    The book on sustainability, energy policy, climatic change, world food supply as political challenges in the 21th century includes contributions on the following topics: sustainability and environment, energy and climatic change, agriculture and world food supply.

  16. A Formidable Task: Reflections on obtaining legal empirical evidence on human trafficking in Canada

    Directory of Open Access Journals (Sweden)

    Hayli Millar

    2017-04-01

    Full Text Available This article explores the experiences, challenges and findings of two empirical research studies examining Canada’s legal efforts to combat human trafficking. The authors outline the methodologies of their respective studies and reflect on some of the difficulties they faced in obtaining empirical data on human trafficking court cases and legal proceedings. Ultimately, the authors found that Canadian trafficking case law developments are in their early stages with very few convictions, despite a growing number of police-reported charges. The authors assert it is difficult to assess the efficacy and effects of Canadian anti-trafficking laws and policies due to the institutional and political limitations to collecting legal data in this highly politicised subject area. They conclude with five recommendations to increase the transparency of Canada’s public claims about its anti-trafficking enforcement efforts and call for more empirically-based law reform.

  17. Author Details

    African Journals Online (AJOL)

    Nwoye, CD. Vol 7, No 2 (2013) - Articles Nigerian nation-building and public policy implementation: from the perspective of Habermas' discourse ethics. Abstract PDF. ISSN: 2006-6910. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's ...

  18. Author Details

    African Journals Online (AJOL)

    Matzopoulos, R. Vol 5, No 2 (2012) - Articles Conflict of interest: A tenacious ethical dilemma in public health policy, not only in clinical practice/research. Abstract PDF. ISSN: 1999-7639. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's ...

  19. Author Details

    African Journals Online (AJOL)

    Mangu, AMB. Vol 38, No 1&2 (2013) - Articles US Foreign Policy under President Barack Obama and the Promotion of Multilateralism and the Rule of Law Abstract PDF. ISSN: 0850-3907. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's ...

  20. Author Details

    African Journals Online (AJOL)

    Bach, HS. Vol 20 (2003) - Articles Environmental Education Policy Processes in the Southern African Region Abstract PDF. ISSN: 2411-5959. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...

  1. Author Details

    African Journals Online (AJOL)

    Mogomotsi, Goemeone E.J.. Vol 60 (2017) - Articles Live by the gun, die by the gun: Botswana's 'shoot-to-kill' policy as an anti-poaching strategy. Abstract PDF. ISSN: 1991-3877. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners ...

  2. Author Details

    African Journals Online (AJOL)

    Chenwi, Lilian. Vol 11, No 2 (2007) - Articles Taking those with special housing needs from the doldrums of neglect: A call for a comprehensive and coherent policy on special needs housing. Abstract PDF. ISSN: 2077-4907. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  3. Author Details

    African Journals Online (AJOL)

    Neema, Clementia Murembe. Vol 4, No 2 (2016) - Articles Microcredit in Uganda: Fundamental Reform or Just another Neoliberal Policy? Abstract PDF. ISSN: 1821-8148. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms ...

  4. Author Details

    African Journals Online (AJOL)

    Miller, Paige. Vol 4, No 2 (2016) - Articles Microcredit in Uganda: Fundamental Reform or Just another Neoliberal Policy? Abstract PDF. ISSN: 1821-8148. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of ...

  5. Author Details

    African Journals Online (AJOL)

    Zhattau, VS. Vol 2, No 2 (2013) - Articles Fiscal Policy as an Engine of Economic Growth in Nigeria Abstract PDF. ISSN: 2227-5452. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL ...

  6. Author Details

    African Journals Online (AJOL)

    Ndubuisi, J. Vol 11, No 4 (2014) - Articles Stock Market Reactions to Fiscal Policy Shocks: Empirical Evidence From Nigeria Abstract. ISSN: 1813-2227. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of ...

  7. Author Details

    African Journals Online (AJOL)

    Kayandabila, Y. Vol 1, No 2 (2013) - Articles Fiscal Policy and Debt Dynamic: Evidence from Tanzania Abstract PDF. ISSN: 1821-8148. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL ...

  8. Author Details

    African Journals Online (AJOL)

    Brux, Jacqueline Murray. Vol 4, No 2 (2016) - Articles Microcredit in Uganda: Fundamental Reform or Just another Neoliberal Policy? Abstract PDF. ISSN: 1821-8148. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and ...

  9. Author Details

    African Journals Online (AJOL)

    Idemudia, RUP. Vol 3, No 1 (2007) - Articles Combating the Menace of Transnational Human Trafficking in Nigeria: A Challenge to Public Policy. Abstract. ISSN: 0795-0632. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms ...

  10. Foreign experience of increasing the level of anti-corruptive legal conscience in citizens

    Directory of Open Access Journals (Sweden)

    Aleksandr Vladimirovich Butkov

    2015-03-01

    Full Text Available Objective to describe tools and mechanisms of forming the anticorruptive legal conscience implemented in some foreign countries with a view to elaborate recommendations and implement them into the Russian legislation and lawenforcement practice. Methods dialectic materialism and comparative and analytical methods. Results the main tools and mechanisms are described of forming the anticorruptive legal conscience implemented in some countries in Asia Europe Australia and America which can be used in anticorruption activity in Russia. Scientific novelty for the first time in the Russia juridical literature the author describes the main tools and mechanisms of forming the anticorruptive legal conscience implemented in some foreign countries. Practical value possibility to use the research results by the subjects of the state policy of corruption counteraction to form the anticorruptive legal conscience with tools and mechanisms used in some foreign countries. nbsp

  11. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

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

  12. Prevention of the Moral Degradation of Society as one of the Purposes of State and Legal Policy of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Julia O. Bragina

    2015-06-01

    Full Text Available Prevention of falling of moral and moral installations, cultural traditions is an actual problem of the modern Russian state. Constitution of the Russian Federation sets justice bases, thereby defining the democratic contents and embodying the requirement of idea of justice and humanity. At the same time concepts of morals, moral thereof, questions of spiritual and moral character are out of a legal framework aren't enshrined in the legislation. On the basis of the Country constitution, according to the Law of the Russian Federation "About education" the Concept of spiritual and moral education of the Russian school students in which basic values are stated is developed: patriotism, social solidarity, civic consciousness, a family, work and creativity, science, those moral installations which would provide successful development of the state.

  13. Concept of contracting authority

    OpenAIRE

    Kasiliauskaitė, Vitalija

    2016-01-01

    Concept of Contracting Authority Law on Public Procurement the procurement concept implies the conclusion that public procurement be declared only such purchases are carried out by the contracting authority. The contracting authorities can be a subject of state and municipal management institutes, whose assignment authority is determined by a functional approach. Also, contracting authorities may be public and legal entities, but that the public interest and operates non-commercial activities...

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

    OpenAIRE

    Голуб, Віктор Олександрович

    2014-01-01

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

  15. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    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

  16. "The Road to Hell Is Paved with Good Intentions": A Historical, Theoretical, and Legal Analysis of Zero-Tolerance Weapons Policies in American Schools

    Science.gov (United States)

    Mongan, Philip; Walker, Robert

    2012-01-01

    With the passing of the Gun Free School Act of 1994, the 1990s bore witness to the birth of zero-tolerance policies. During the remainder of that decade, several school shootings occurred that solidified zero-tolerance in schools across the United States. With the possibility of threats constantly increasing, school personnel having a thorough…

  17. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

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

  18. Pharmaceuticalisation and ethical review in South Asia: issues of scope and authority for practitioners and policy makers.

    Science.gov (United States)

    Simpson, Bob; Khatri, Rekha; Ravindran, Deapica; Udalagama, Tharindi

    2015-04-01

    Ethical review by expert committee continues to be the first line of defence when it comes to protecting human subjects recruited into clinical trials. Drawing on a large scale study of biomedical experimentation across South Asia, and specifically on interviews with 24 ethical review committee [ERC] members across India, Sri Lanka and Nepal, this article identifies some of the tensions that emerge for ERC members as the capacity to conduct credible ethical review of clinical trials is developed across the region. The article draws attention to fundamental issues of scope and authority in the operation of ethical review. On the one hand, ERC members experience a powerful pull towards harmonisation and a strong alignment with international standards deemed necessary for the global pharmaceutical assemblage to consolidate and extend. On the other hand, they must deal with what is in effect the double jeopardy of ethical review in developing world contexts. ERC members must undertake review but are frequently made aware of their responsibility to protect interests that go beyond the 'human subject' and into the realms of development and national interest [for example, in relation to literacy and informed consent]. These dilemmas are indicative of broader questions about where ethical review sits in institutional terms and how it might develop to best ensure improved human subject protection given growth of industry-led research. Crown Copyright © 2014. Published by Elsevier Ltd. All rights reserved.

  19. Author Details

    African Journals Online (AJOL)

    custodial measures: Panacea to recidivism and prison congestion in Nigeria Abstract PDF · Vol 9, No 2 (2018) - Articles Attraction of business and restriction in legal practice in Nigeria and United States: need for globalization via legal education

  20. Canadian Campus Smoking Policies: Investigating the Gap between Intent and Outcome from a Student Perspective

    Science.gov (United States)

    Baillie, Lynne; Callaghan, Doris; Smith, Michelle L.

    2011-01-01

    Background: Young adults remain the earliest legal target for the tobacco industry. Against this, the existence of smoking policies would appear to offer some protection to students on campus. However, little research has been conducted into the outcomes of such policies from a student perspective. Methods: The authors conducted 8 focus groups at…

  1. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  2. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

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

    OpenAIRE

    Werner Krawietz

    2014-01-01

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

  4. Legal Briefing: Adult Orphans and the Unbefriended: Making Medical Decisions for Unrepresented Patients without Surrogates.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2015-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving medical decision making for incapacitated patients who have no available legally authorized surrogate decision maker. These individuals are frequently referred to either as "adult orphans" or as "unbefriended," "isolated," or "unrepresented" patients. The challenges involved in obtaining consent for medical treatment on behalf of these individuals have been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the "single greatest category of problems" encountered in bioethics consultation. In 2012, JCE published a comprehensive review of the available mechanisms by which to make medical decisions for the unbefriended. The purpose of this "Legal Briefing" is to update the 2012 study. Accordingly, this "Legal Briefing" collects and describes significant legal developments from only the past three years. My basic assessment has not changed. "Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform." Most facilities are "muddling through on an ad hoc basis." But the situation is not wholly negative. There have been a number of promising new initiatives. I group these developments into the following seven categories: 1. Increased Attention and Discussion 2. Prevention through Better Advance Care Planning 3. Prevention through Expanded Default Surrogate Lists 4. Statutorily Authorized Intramural Mechanisms 5. California Litigation Challenging the Team Approach 6. Public Guardianship 7. Improving Existing Guardianship Processes. Copyright 2015 The Journal of Clinical Ethics. All rights reserved.

  5. Energy strategy in Europe: The legal framework

    International Nuclear Information System (INIS)

    Daintith, T.; Hancher, L.

    1986-01-01

    This book is a product of collaboration on the theme of legal implementation of economic policy in Europe. The general concern of the project with the way in which economic policies are translated into law, and with the dual role of law as both instrument of, and constraint upon, policy is here focussed on the field of energy policy in the Community and, in particular, on the new energy strategy of the Commission and the legal context in which it must operate. The book has the following chapters: Legal perspective on energy policy; The Community's record in the energy sector; National energy objectives; Legal structuring of national energy, industries and markets; National energy policies; The operation of basic Common Market principles in the energy sector; The Community energy strategy - an evaluation. Four appendices show: The development of an energy strategy for the Community; Community communications, proposals and measures 1979-1983; National plans and policy statements; Colloquium on implementation of energy policy in the EEC, held in Florence 1982. (orig./HSCH)

  6. Public Health Effects of Medical Marijuana Legalization in Colorado.

    Science.gov (United States)

    Davis, Jonathan M; Mendelson, Bruce; Berkes, Jay J; Suleta, Katie; Corsi, Karen F; Booth, Robert E

    2016-03-01

    The public health consequences of the legalization of marijuana, whether for medical or recreational purposes, are little understood. Despite this, numerous states are considering medical or recreational legalization. In the context of abrupt changes in marijuana policy in 2009 in Colorado, the authors sought to investigate corresponding changes in marijuana-related public health indicators. This observational, ecologic study used an interrupted time-series analysis to identify changes in public health indicators potentially related to broad policy changes that occurred in 2009. This was records-based research from the state of Colorado and Denver metropolitan area. Data were collected to examine frequency and trends of marijuana-related outcomes in hospital discharges and poison center calls between time periods before and after 2009 and adjusted for population. Analyses were conducted in 2014. Hospital discharges coded as marijuana-dependent increased 1% per month (95% CI=0.8, 1.1, pcenter calls mentioning marijuana (pcenter calls increased 0.8% per month (95% CI=0.2, 1.4, pcenter calls also increased 56% (95% CI=49%, 63%, p<0.001) in the period following the policy change. Further, there was one hospital discharge coded as dependent for every 3,159 (95% CI=2465, 3853, p<0.001) medical marijuana registrant applications. The abrupt nature of these changes suggests public health effects related to broad policy changes associated with marijuana. This report may be used to assist in policy decisions regarding the short-term public health effects of marijuana legalization. Copyright © 2016 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

  7. Sustainable development and the nature of environmental legal ...

    African Journals Online (AJOL)

    2. What is the exact difference between a principle and a legal rule, and between a principle and a policy? 3. What is the relationship between a principle and more concrete legal rules and policies? It is argued that principles of environmental law receive their high moral value from the ideal of sustainable development.

  8. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    , negation of adversarial use of space and a fully-capable National Missile Defense (NMD). [American] ICBMs will continue to provide a credible strategic deterrence, while advanced, conventional weapons operating in or through space will provide our National Command Authorities (NCA) with formidable and flexible options for prompt, global, conventional strike." As we will see in this paper, the current international legal framework restricting the stationing and use of weapons in space is composed mainly of three treaties. They are: the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (1972), called commonly the `ABM treaty', the `Outer Space Treaty' (1967) and the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963). We will also see that - contrary to public opinion - those current legal instruments, even coupled with other international legal texts, do not prohibit the `weaponisation' of space. For instance, The Article Four of the Outer Space Treaty is often cited as the main legal argument against militarisation of space. This article does indeed prohibit the installation or stationing of "any objects carrying nuclear weapons or any other kinds of weapons of mass destruction", "in orbit around the Earth", "on celestial bodies", "in outer space" and "in any other manner". But, aside from the weapons identified (nuclear weapons and weapons of mass destruction), nothing prohibits a government signatory to the Outer Space Treaty, to actually station other types of weapons in space, such as laser-based systems. In this paper, the current situation of potential `weaponisation' of space, the international impacts of such a policy and the gaps of the international legal framework concerning the militarisation of space, will prompt some comments and practical recommendations.

  9. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

    of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  10. Review. Teaching Legal and Administrative Science Nadia-Cerasela Anitei and Roxana Alina Petraru

    OpenAIRE

    Doina Mihaela POPA

    2011-01-01

    The work Didactica predarii stiintelor juridice si administrative (Teaching Legal and Administrative Science) authors Nadia- Cerasela Anitei and Roxana Alina Petraru is structured around the following 10 lessons: 1. General notions about teaching legal science, 2. Teaching legal science, 3. Learning with application in legal science, 4. Legal science teaching aims, 5. Education curriculum for teaching legal science, 6. Learning Methods 7. Educational assessment with applications for legal sci...

  11. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

    In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions

  12. Death with Dignity: A Tripartite Legal Response

    Science.gov (United States)

    Leblang, Theodore Raymond

    1978-01-01

    This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)

  13. Suretyship in Serbian and comparative legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan

    2014-01-01

    Full Text Available The author has compared the institute of suretyship in Serbian law and other comparative legal systems, both continental and common-law. With the development of economy, these instruments of creditor's protection in the contractual relationship have gained full promotion. The analysis of the similarities and differences in the treatment of suretyship implies a relationship between the European legal systems.

  14. The legal status of nuclear power in Germany

    International Nuclear Information System (INIS)

    Mann, Thomas

    2014-01-01

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

  15. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

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

  16. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

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

  17. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

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

  18. Legal and economic implications of the competition policy of the Federal Cartel Office for the public sector of the power supply industry

    International Nuclear Information System (INIS)

    Hartmann, U.

    1994-01-01

    The German gas industry defends itself against the planned amendments of the German Energy Act and the Antitrust Law, objections being based on energy, environmental and regulatory considerations. The amendments most under debate are intended to discontinue demarcation agreements among suppliers, and to establish mandatory Third Party Access. The author's concluding statement is that the gas industry cannot see the point in the Government's move to prescribe such a (probably lethal) medicine to a flourishing branch of industry. (orig./HSCH) [de

  19. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

    This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

  20. Forced Dependency and Legal Barriers: Implications of the UK’s Immigration and Social Security Policies for Minoritized Women Living in Abusive Intimate Relationships in Northern Ireland

    Directory of Open Access Journals (Sweden)

    Monica McWilliams

    2015-12-01

    Full Text Available This paper examines the complexities of the help-seeking process of minoritized women (primarily asylum-seekers and immigrants experiencing domestic violence in Northern Ireland. The term ‘minoritized’ is used here to emphasize that “minority” status is not a static or innate trait of certain groups but instead is the outcome of a process of being positioned as a minority. The paper addresses the intersections of ethnicity, nationality, class and gender and shows how state policies in relation to immigration and social security reinforce inequalities in gendered power relations. Despite attempts to improve the social security and immigration systems, the findings from a Northern Ireland study show how recent policy changes have not addressed the systemic institutional racism and institutionalised patriarchy in these agencies. Where avenues for action are undermined by such practices, the policies raise concerns about the safety and protection of minoritized women living in abusive relationships. We argue that the UK is failing to meet its human rights responsibilities to provide adequate support and assistance to minoritized women in abusive relationships and conclude that delivering state accountability alongside a human rights framework based on security, autonomy, liberty and equality is what is needed. Este artículo analiza las complejidades del proceso de búsqueda de ayuda en Irlanda del Norte para mujeres pertenecientes a minorías (principalmente solicitantes de asilo e inmigrantes que sufren violencia doméstica. El término 'minoritarizadas' se utiliza aquí para hacer hincapié en que la situación de "minoría" no es un rasgo estático o innato de ciertos grupos, sino que es el resultado de un proceso de ser posicionado como una minoría. El artículo aborda las intersecciones de origen étnico, nacionalidad, clase y género y muestra cómo las políticas estatales en relación a la inmigración y la seguridad social

  1. Low level radioactive waste management and discharge policies in Turkey

    International Nuclear Information System (INIS)

    Oezdemir, T.; Oezdemir, C.; Uslu, I.

    2005-01-01

    The legal infrastructure in Turkey for the management of low-level radioactive waste covers the liquid, solid and gaseous wastes. Management of these radioactive wastes is briefly described in this paper. Moreover, delay and decay tank systems that are used to collect and store the low level radioactive wastes as a part of low-level radioactive effluent discharge policy are introduced. (author)

  2. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  3. Sustainable development and the nature of environmental legal principles

    Directory of Open Access Journals (Sweden)

    J Verschuuren

    2006-05-01

    . Principles can become rules over time, when directly applicable in concrete cases. The nine functions are following: 1. principles can enhance the normative power of statutory rules; 2. principles can help to fill in open or unclear statutory rules; 3. principles can increase legal certainty and enhance the legitimacy of decision-making; 4. principles form the basis for new statutory rules; 5. principles give guidance to self-regulation; 6. principles create flexibility in the law; 7. principles help to implement international obligations; 8. principles stimulate the integration of environmental considerations into other policy fields; 9. principles are necessary to pursue an ideal. Principles thus influence the meaning of a rule but, at the same time, the application of a rule in a concrete case gives the relevant principle a clearer meaning than the principle has on its own. This goes for rules in various legal documents, such as acts and regulations, as well as transnational regulations, and self regulatory rules. Principles thus are dynamic beacons in a wild ocean of ever changing concrete environmental rules. Although the underlying ideal of sustainable development has a rather anthropocentric character, the danger of influencing environmental legal principles (and through principles legal rules and policies as well in a highly anthropocentric way is small. Firstly, because man is an inseparable part of nature and is very much dependent on balanced and intact ecosystems, especially when future generations are considered as well. Secondly, there is a moral relationship between man and nature. Natural objects have an inherent value: not destroying these objects contributes to the virtue of man. The ecological aspects of the ideal of sustainable development can be sufficiently advanced in decision-making processes by governmental authorities and courts, because most principles that rule environmental decision-making processes create enough room to take into account the

  4. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

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

  6. Medical Marijuana and Marijuana Legalization.

    Science.gov (United States)

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

    State-level marijuana liberalization policies have been evolving for the past five decades, and yet the overall scientific evidence of the impact of these policies is widely believed to be inconclusive. In this review we summarize some of the key limitations of the studies evaluating the effects of decriminalization and medical marijuana laws on marijuana use, highlighting their inconsistencies in terms of the heterogeneity of policies, the timing of the evaluations, and the measures of use being considered. We suggest that the heterogeneity in the responsiveness of different populations to particular laws is important for interpreting the mixed findings from the literature, and we highlight the limitations of the existing literature in providing clear insights into the probable effects of marijuana legalization.

  7. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Prica Miloš

    2014-01-01

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

  9. Food Service Guideline Policies on State Government-Controlled Properties.

    Science.gov (United States)

    Zaganjor, Hatidza; Bishop Kendrick, Katherine; Warnock, Amy Lowry; Onufrak, Stephen; Whitsel, Laurie P; Ralston Aoki, Julie; Kimmons, Joel

    2016-09-13

    Food service guideline (FSG) policies can impact millions of daily meals sold or provided to government employees, patrons, and institutionalized persons. This study describes a classification tool to assess FSG policy attributes and uses it to rate FSG policies. Quantitative content analysis. State government facilities in the United States. Participants were from 50 states and District of Columbia in the United States. Frequency of FSG policies and percentage alignment to tool. State-level policies were identified using legal research databases to assess bills, statutes, regulations, and executive orders proposed or adopted by December 31, 2014. Full-text reviews were conducted to determine inclusion. Included policies were analyzed to assess attributes related to nutrition, behavioral supports, and implementation guidance. A total of 31 policies met the inclusion criteria; 15 were adopted. Overall alignment ranged from 0% to 86%, and only 10 policies aligned with a majority of the FSG policy attributes. Western states had the most FSG policies proposed or adopted (11 policies). The greatest number of FSG policies were proposed or adopted (8 policies) in 2011, followed by the years 2013 and 2014. The FSG policies proposed or adopted through 2014 that intended to improve the food and beverage environment on state government property vary considerably in their content. This analysis offers baseline data on the FSG landscape and information for future FSG policy assessments. © The Author(s) 2016.

  10. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  11. National policies and their international aspects

    International Nuclear Information System (INIS)

    Saddington, K.

    1979-01-01

    Much work has been done on the technical problems associated with the decommissioning of nuclear facilities. However, the topic raises many problems of a political/legal nature. This paper seeks to identify those areas where such problems arise and points to the role of governments in framing national policies within which decommissioning activities can be carried out. The value of international collaboration is emphasized. (author)

  12. Chernobyl and no legal consequences

    International Nuclear Information System (INIS)

    Sterzel, D.

    1987-01-01

    The author is doubtful about the judgement of the Superior Administrative Court Lueneburg of October 28, 1986 relating to the nuclear power plant of Brokdorf. Fundamental rights of citizens who live in the vicinity of a nuclear power plant are not guaranteed. The protection of life according to article 2 of the German Constitution should have priority over legal protection of atomic power plants pursuant to art. 14 of the Constitution. (CW) [de

  13. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    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)

  14. The Opium Wars, Opium Legalization, and Opium Consumption in China

    OpenAIRE

    Jeffrey A. Miron; Chris Feige

    2005-01-01

    The effect of drug prohibition on drug consumption is a critical issue in debates over drug policy. One episode that provides information on the consumption-reducing effect of drug prohibition is the Chinese legalization of opium in 1858. In this paper we examine the impact of China's opium legalization on the quantity and price of British opium exports from India to China during the 19th century. We find little evidence that legalization increased exports or decreased price. Thus, the eviden...

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  16. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

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

  17. Author Details

    African Journals Online (AJOL)

    custodial measures: Panacea to recidivism and prison congestion in Nigeria Abstract PDF · Vol 6 (2015) - Articles The legal regime for the protection of asylum seekers and refugees: An overview of the Geneva Convention 1951. Abstract PDF.

  18. THE DEVELOPMENT OF COMPETITIVE LEGAL STUDIES AS A RESPONSE TO THE DISORDERS IN THE LEGAL JOB MARKET (WHAT NEEDS TO BE DONE IN ORDER TO PROMOTE THE INTEREST OF STUDENTS, SOCIETY AND NATIONAL ECONOMY? - THE NEED TO DECIDE BETWEEN HOLDING IN PLACE AND ACTIVATING AVAILABLE ACADEMIC RESOURCES

    Directory of Open Access Journals (Sweden)

    Zvonimir Jelinić

    2016-01-01

    Full Text Available The author brings into context the issue of employability of law graduates with the current problems in legal education, namely with the fact that number of graduates coming from Croatian law schools have tremendous problems with finding a job after graduation. The author calls for a change in the system of legal education and makes a proposal that a new approach to the matter at issue needs to be adopted as soon as possible. The central part of reform should consider the development of completely new and competitive faculty curricula that would reflect changes in the national legal system and its surroundings as well as projections of development of markets for legal services at home and abroad. In the world of change only those who are able to adapt to the market needs and changes have a chance to survive in an ever faster changing world of law, markets and educational policies.

  19. Constitutional values, therapeutic jurisprudence and legal education ...

    African Journals Online (AJOL)

    ... they have the power to transform thoughts, policies and lives, and that practising law is ... The values and philosophies that law lecturers instil in law students can ... The question remains: How do we transform legal education in South Africa? ... to our constitutional vales and an ability to engage critically with these values.

  20. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  1. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

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

  2. CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

    Directory of Open Access Journals (Sweden)

    Camelia IGNĂTESCU

    2013-12-01

    Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.

  3. Evidential Authorization*

    Science.gov (United States)

    Blass, Andreas; Gurevich, Yuri; Moskal, Michał; Neeman, Itay

    Consider interaction of principals where each principal has its own policy and different principals may not trust each other. In one scenario the principals could be pharmaceutical companies, hospitals, biomedical labs and health related government institutions. In another scenario principals could be navy fleets of different and not necessarily friendly nations. In spite of the complexity of interaction, one may want to ensure that certain properties remain invariant. For example, in the navy scenario, each fleet should have enough information from other fleets to avoid unfortunate incidents. Furthermore, one wants to use automated provers to prove invariance. A natural approach to this and many other important problems is to provide a high-level logic-based language for the principals to communicate. We do just that. Three years ago two of us presented the first incarnation of Distributed Knowledge Authorization Language (DKAL). Here we present a new and much different incarnation of DKAL that we call Evidential DKAL. Statements communicated in Evidential DKAL are supposed to be accompanied with sufficient justifications. In general, we construe the term “authorization” in the acronym “DKAL” rather liberally; DKAL is essentially a general policy language. There is a wide spectrum of potential applications of KAL. One ambitious goal is to provide a framework for establishing and maintaining invariants.

  4. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  5. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1998-12-16

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

  7. Legal framework of the Radiation Protection in Guatemala

    International Nuclear Information System (INIS)

    Freire, Diana

    2002-01-01

    This presentation prepared by the Deputy Director of Energy Mrs. Diana Freire de Nave overviews the following issues: objectives and functions of the national authority on the following activities: controlling, licensing and inspections. Also describes the legal process to authorize installations, operators, equipment and the legal frame on radiation safety in Guatemala

  8. Transforming the Legal Studies Classroom: Clickers and Engagement

    Science.gov (United States)

    Park, Susan; Farag, Denise

    2015-01-01

    In this article the authors address the use of a personal response system ("clickers") in legal studies courses. As legal studies professors, the authors both found that the use of clickers transformed their classrooms--both professors and students are more engaged in the material and in the process of teaching and learning. Building off…

  9. 48 CFR 750.7107 - Limitations upon exercise of authority.

    Science.gov (United States)

    2010-10-01

    ... Actions To Protect Foreign Policy Interests of the United States 750.7107 Limitations upon exercise of... action is necessary to protect the foreign policy interests of the United States; (2) Unless other legal...

  10. The Application of Choice-Based Conjoint Model to Study Government Authorities Preference: A Case of Traffic-Subsidy-Pollution Related Policy in Indonesia

    Directory of Open Access Journals (Sweden)

    Gudono Gudono

    2010-09-01

    Full Text Available According to the UN, air pollution kills more than 3 millionpeople each year (UN-Habitat 2007. Despite the magnitude ofthe impact, delays in making decisions about the environmentare quite common among governments worldwide. The purposesof this study are twofold. First, the study is to investigate therelative strength of attributes of environmental policy such asmethods of vehicle restriction, percentage of reduction in lead (and CO2 content, and percentage of subsidy reduction. Second, the study is to test government choice when it facesconservative, “scientific,” and popular policy alternatives. Toachieve both objectives this research uses an experimentalmethod. The orthogonal design is adopted for stimuli presenta-tion and conjoint analysis is used for data analysis. The re-search participants are students of an accounting graduateprogram of a state university in Java (Indonesia.The results suggest CO2/lead reduction has the strongesteffect on policy maker preference. In addition, those policymakers tend to prefer the  status quo condition which indicatesconservative views. This is demonstrated by the tendency of theirchoice on an alternative policy package which requires minimum changes compared with the existing policies (a maximumutility of 64.3 percent vs. 28.6 percent and 7.1 percent of otheralternatives. In addition, bureaucrats tend to play “safe”(namely the reduction of lead content in gasoline when thepossibility of resistance is imminence. Some consequences of theresearch findings are also discussed.   Keywords: conjoint analysis; mixed environmental; public policy; utility function

  11. THE MANIFESTATION OF THE EUROPEAN CENTRAL BANK’S LEGAL PERSONALITY AT NATIONAL, EUROPEAN AND INTERNATIONAL LEVEL

    Directory of Open Access Journals (Sweden)

    MONICA ŞAGUNA

    2012-05-01

    Full Text Available The European Central Bank is one of the world’ s most important central banks, responsible for the monetary policy covering the 17 member States of the Eurozone. Established by the European Union in 1998, it was given the exclusive right to authorize the issue of banknotes within the European Union. The European Central Bank has legal personality under public international law. As article 282, paragraph 3 of the Treaty on functioning of the European Union and article 9, paragraph 1 of the Statute of the European System of Central Banks and of the European Central Bank states, the European Central Bank and the National Central Banks enjoy their own legal personality. The European Central Bank, given its important role in the economic integration, is the single institution of the European Union which has legal personality. This is a premise for it to fulfill its objectives. In this framework, the purpose of my paper is to analyze the effects of the European Central Bank’s legal personality from a complete perspective: at national, European and international level. Therefore the objectives of my study are: an introspection in the concept of legal personality, the identification of the reason why it was entrusted to a single institution of the European Union and a detailed analyze of the effects of the European Central Bank’ s legal personality.

  12. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

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

  13. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

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

  14. AMERICAN ATTITUDES TOWARD THE STATE LANGUAGE POLICY

    Directory of Open Access Journals (Sweden)

    Skachkova Irina Ivanovna

    2013-03-01

    Full Text Available The article is a continuation of studies of the theoretical aspects of language policy in a multinational state in the U.S. example. The study of language policy in highly developed countries can make a considerable contribution to solving language and national problems of the states that have begun democratic transformation not long ago. Now, some politicians and scientists again raise the question of the recognition of English official, despite the fact that English is the official language, de facto and this status is not threatened. Therefore, using the statistical method, and the analysis of the collected data and documentary sources, the author examines the classification of statements of U.S. researchers on the need of the state language policy in the U.S., the history of debates and legal disputes over the language policy of the state language, different points of view as to why the founding fathers did not secure the official status of English in the constitution. The author also discusses the differences between assimilation and multicultural model of the state. In conclusion, the author says that minority groups are now realizing the value of their languages ​​and making great efforts to save them. Status of the English language is currently not threatened, so the desire of many scientists and politicians to legalize the official status of the English language is most likely due to the approval of the English language as a national symbol.

  15. Port Authority Best Practices

    Science.gov (United States)

    Best practices for port authorities include near-port community collaboration, anti-idling policies, expanding off-peak hours, development of EMS, developing an emissions inventory, education, electric power and substituting trucking for rail or barge.

  16. The national legal framework in France

    International Nuclear Information System (INIS)

    Touitou-Durand, Florence

    2017-01-01

    Ms Touitou-Durand presented the French legal framework regarding public participation. The 2005 Charter for the Environment, which has constitutional value, lays down the principle of public participation in decisions likely to affect the environment. These include, among others, Nuclear Safety Authority decisions on technical prescriptions or on modifications requested by licensees. France is a Party to the Aarhus and Espoo Conventions and applies the relevant European directives related to the matter. Whereas the Aarhus Convention covers access to environmental information held by public authorities, French provisions go further by creating obligations also for the operator of a nuclear installation, which must grant access to information on the risks related to ionising radiation that can result from its activity and on the measures taken to prevent or reduce these risks. The principle of transparency in the nuclear field was introduced in French law in 2006 and further incorporated in the Environmental Code. It grants the public the right to reliable and accessible information on nuclear safety, radiological protection, the prevention of and fight against malicious acts, and civil security actions in the event of an accident. Two bodies are called to deal with stakeholder involvement, namely the High Committee for Transparency and Information on Nuclear Security and the Local Information Committees, the latter being mandatory for any site comprising one or several nuclear installations. The Local Information Committees are composed of representatives of local authorities, environmental protection organisations, trade unions, experts and residents of the area where the site is located. Regarding involvement of the public in project-level decisions, Ms Touitou-Durand explained that the eventual authorisation by decree of the creation of a nuclear installation must be preceded by a formal public debate (when located on a new site), an environmental impact

  17. Economical assumption for formation of independent energy policy in developing countries

    International Nuclear Information System (INIS)

    Tamonis, M.; Kveselis, V; Klevas

    1996-01-01

    This study concerning the power production and consumption problems in developing countries analyses the following aspects: energy efficiency, fuel prices, technological advances, management of energy demand and environment policy. To obtain background data for state support power programs economical, legal and socio-psychological conditions are considered. (author). 1 fig., 1 tab

  18. Thinking Whimsically: Queering the Study of Educational Policy-Making and Politics

    Science.gov (United States)

    Lugg, Catherine A.; Murphy, Jason P.

    2014-01-01

    This paper discusses employing queer theory (QT) and queer legal theory (QLT) for critical policy analysis as applied to education. In doing so, the authors will highlight how both QT and QLT can empower analyses to look beyond the identity politics of a particular time period or space and toward potential reforms in curriculum, pedagogy, and…

  19. Author Details

    African Journals Online (AJOL)

    Osiruemu, E. Vol 3, No 2 (2005) - Articles The Legality Of Deregulating The Downstream Sector Of The Nigeria Oil Industry Abstract · Vol 3, No 1 (2005) - Articles Poverty Of Parents And Child Labour In Benin City: A Preliminary Account Of Its Nature And Implications Abstract. ISSN: 1596-8308. AJOL African Journals Online.

  20. Author Details

    African Journals Online (AJOL)

    Anyogu, Felicia. Vol 6 (2015) - Articles A critical examination of the impact of armed conflict on children: A case study of Uganda Abstract PDF · Vol 4 (2013) - Articles The disproportionate effect of the death penalty on women in Nigeria Abstract PDF · Vol 3 (2012) - Articles Towards the strict legal enforcement of best practice ...

  1. Author Details

    African Journals Online (AJOL)

    Yilma, KM. Vol 9, No 1 (2015) - Articles The Internet and Regulatory Responses in Ethiopia: Telecoms, Cybercrimes, Privacy, E-commerce, and the New Media Abstract PDF · Vol 9, No 1 (2015) - Articles The Internet and Ethiopias IP Law, Internet Governance and Legal Education: An Overview Abstract PDF. ISSN: 1998- ...

  2. Author Details

    African Journals Online (AJOL)

    Ross, E. Vol 104, No 1 (2014) - Articles Parents' perceptions of HIV counselling and testing in schools: Ethical, legal and social implications. Abstract PDF · Vol 104, No 5 (2014) - Articles Parents' perceptions of HIV counselling and testing in schools: Study methodology deeply flawed. Abstract PDF. ISSN: 0256-95749.

  3. Author Details

    African Journals Online (AJOL)

    Abstract PDF · Vol 104, No 7 (2014) - Articles Certificate of Need: Legal nightmare in the making? Abstract PDF · Vol 104, No 6 (2014) - Articles E Cape illegal immune-booster given 'false' approval – officials suspended. Abstract PDF · Vol 104, No 6 (2014) - Articles SAMA grasps the racial nettle, winning huge majority vote

  4. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  5. The policies

    International Nuclear Information System (INIS)

    Laruelle, Ph.; Snegaroff, Th.; Moreau, S.; Tellenne, C.; Brunel, S.

    2005-01-01

    Fourth chapter of the book on the geo-policy of the sustainable development, this chapter deal with the different and international policies concerned by the problem. The authors analyze the american energy attitude and policy, the economical equilibrium facing the environmental equilibrium for the european policy, the sanctified and sacrificed nature and the japanese attitude, India and China, the great fear of the 21 century and the sustainable development in Africa. (A.L.B.)

  6. The impact of cuts in legal aid funding on charities.

    Science.gov (United States)

    Morris, Debra; Barr, Warren

    2013-03-01

    This article focusses on the specific impact of the cuts in legal aid funding on the charitable sector. The sector plays a significant role in advice giving. Some charities have the provision of legal advice as their sole purpose, whilst the work of other charities includes the giving of legal advice. Funding comes via a number of sources including legal aid, local authorities and charitable trusts. Whilst this volume highlights the legal aid reforms that will lead to significant cuts in funding, this article notes that charitable providers of legal advice have also suffered major cuts from their other traditional funding sources. Against this background, the article considers the serious and often unforeseen consequences for charities of the legal aid reforms, which go far beyond the impact on the high street law firm and access to justice for claimants.

  7. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1991-01-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor) the author examines the legal aspects of public participation in the administrative procedures of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. (orig./HP) [de

  8. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

    Malheiros, T.M.M.; Knoefell, T.M.J.

    1988-01-01

    The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt

  9. Do legal frameworks direct merger outcomes? A study of the legal ...

    African Journals Online (AJOL)

    This article traces the legal challenges and contestations embedded in five recent cases of higher education mergers in South Africa. I am aware that there are a number of forms of mergers. For the purposes of this article I use the term as one that is descriptive of a policy decision. Where necessary I make a brief distinction ...

  10. Legal culture: characteristics and specifics (on the example of contemporary Kazakhstan

    Directory of Open Access Journals (Sweden)

    G R Absattarov

    2014-12-01

    Full Text Available The article considers the legal culture as an ‘ideal phenomenon’ providing value meanings for the outlook of the Kazakhs and the basis for the development of the population legal consciousness. The author focuses on the national significance of the legal, civil society and the development of new legal social ideals, norms and rules, examines key problems and contradictions in the legal culture of today’s Kazakhstan.

  11. Under the (legal) radar screen: global health initiatives and international human rights obligations

    Science.gov (United States)

    2012-01-01

    Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on. PMID

  12. Under the (legal radar screen: global health initiatives and international human rights obligations

    Directory of Open Access Journals (Sweden)

    Hammonds Rachel

    2012-11-01

    Full Text Available Abstract Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers

  13. Under the (legal) radar screen: global health initiatives and international human rights obligations.

    Science.gov (United States)

    Hammonds, Rachel; Ooms, Gorik; Vandenhole, Wouter

    2012-11-15

    Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on.

  14. Nuclear power hazard control policy

    International Nuclear Information System (INIS)

    Chicken, J.C.

    1982-01-01

    This study presents an analysis of the factors that appear to have influenced the formation and form of nuclear power hazard control policy in Britain. A simple account is given of the technical nature of nuclear hazards and of the legal and administrative framework that has been constructed to control them. The subsequent analysis concentrates primarily on the influence exerted by social and political factors. Particular attention is directed to those political groups which have developed a special interest in the problems of nuclear power, and to the interplay between organised groupings and public opinion generally. The metamorphosis of these groupings is traced from the origins of the nuclear industry in the Second World War to their prominent role during the Windscale Inquiry. Attention is given to the policy constraint imposed by increased expectations in the form of demands for higher standards of living, and improvements in the quality of the environment. The study is concerned with both policy-making and with policy implementation; with interest articulation as well as with the functioning of formal institutions. The evolution of policy takes place in an atmosphere of keen economic debate and conflicting moral perceptions. A model of the policy-making system is postulated. (author)

  15. The international legal position on transboundary shipments of radioactive waste

    International Nuclear Information System (INIS)

    Grimston, M.C.

    1997-01-01

    The recent decision not to grant planning permission for construction of a Rock Characterisation Facility near Sellafield has reopened the question of long-term radioactive waste disposal policy in the UK. One possible solution would be the construction and operation of a small number of international radioactive waste disposal facilities, taking waste from several countries. Such an approach would allow pooling of international expertise; would allow the choice of excellent sites from geological and demographical standpoints; and may be economically attractive depending on economies of scale. However, the approach would also increase the amount of waste transport, and may reduce the pressure on producers to reduce the volumes of waste arising. This paper traces the development of international legal attitudes to transboundary transport of radioactive and other hazardous waste. It concludes that as international law now stands it would be very difficult to establish a network of international waste disposal facilities, and therefore strategies which are developed will be nationally based. (Author)

  16. The penal aspect of the essence of the legal institute

    Directory of Open Access Journals (Sweden)

    Олег Миколайович Кревсун

    2016-04-01

    Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

  17. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

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

    2008-01-01

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

  18. Legality, legitimacy and formal and informal decision-making processes: when does a decision become legitimate?

    International Nuclear Information System (INIS)

    Zwetkoff, C.

    2004-01-01

    A few words on the purpose of this paper are given by way of introduction. A brief analysis will be made of the relationship between legality and legitimacy in relation to decision-making processes and within the context of the policies concerning the public management of technological risks. The aim is to raise questions and outline some reflections based on the theory of the state, from the perspective of the conditions of the institutionalization of power. I shall first clarify a few conceptual points. The notion of legality refers to the notion of compliance with legal standards, that is to say, with the law. Is the decision made by a person empowered by law so do to (legal competence)? Is it taken in compliance with legal procedure? And are the effects implicitly in keeping with the spirit of the law? The legitimacy of the power of those who govern, or the legitimacy of their decisions, is not determined solely by legal standards but rather, is a matter of individual and social representation or view. As Hobbes says, in essence, to govern is to convince: to convince people of the rightfulness of the source of the power of those who govern and of the action or public policies that they formulate. The paper is organised around three propositions: 1. The role of the legitimacy or social acceptability of public policies has always been an element of the way all political systems function. This role, however, occupies an increasingly important place on the political agenda in a societal decision-making context that has undergone irreversible changes. 2. Although the essence of the social legitimacy of public policies remains the same, the conditions, mechanisms and criteria evolve. 3. The critical centrality of social legitimacy, together with the evolution of the criteria for legitimate decision, today modify the decision-making mechanisms that were established in response to the requirements of classical democracy. We observe a political organisation i n the

  19. A legal primer for the obesity prevention movement.

    Science.gov (United States)

    Mermin, Seth E; Graff, Samantha K

    2009-10-01

    Public health advocates and scientists working on obesity prevention policy face challenges in balancing legal rights, individual freedom, and societal health goals. In particular, the US Constitution and the 50 state constitutions place limits on the ability of government to act, even in the best interests of the public. To help policymakers avoid crossing constitutional boundaries, we distilled the legal concepts most relevant to formulating policies aimed at preventing obesity: police power; allocation of power among federal, state, and local governments; freedom of speech; property rights; privacy; equal protection; and contract rights. The goal is to allow policymakers to avoid potential constitutional problems in the formation of obesity prevention policy.

  20. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  1. Browse Author Index

    African Journals Online (AJOL)

    Buri, MM 1 - 20 of 20 Items. ISSN: 0855-5591. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL · News. OTHER RESOURCES... for Researchers · for Journals · for Authors · for Policy ...

  2. The question of the legal basis of prevention of sexual violence in the republic of Kazakhstan

    OpenAIRE

    Kalguzhinova A.

    2016-01-01

    The article is devoted to the sources of legal regulation of sexual violence prevention as a kind of domestic violence. Analyzed the legal provisions regulating the concept, types, measures of prevention of domestic violence, the activities of the competent authorities.

  3. Legal regime of communal waste disposal

    OpenAIRE

    Záruba, Lukáš

    2009-01-01

    Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s....

  4. Author Details

    African Journals Online (AJOL)

    Waste Management Policy Implementation in South Africa: An Emerging Stakeholder Participation Paradox Abstract PDF · Vol 20 (2003) - Articles Book Review: Understanding Environmental Policy Processes: Cases from Africa Abstract PDF · Vol 23 (2006) - Articles Actor/Actant-Network Theory as Emerging Methodology ...

  5. Author Details

    African Journals Online (AJOL)

    Harunah, H B. Vol 9 (2003) - Articles Evolving national cultural policies for modern African states: Nigeria's experience and the implementation of its cultural policy at the grassroots. Abstract · Vol 10 (2004) - Articles The effects of the Nupe invasion of 1860 on Auchi indigenous names and modes of clothing. Abstract.

  6. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  7. The comparison of Polish and Norwegian policy and research on work-life balance – current state of knowledge and future perspectives. Narrative review

    OpenAIRE

    Stańczak, Aleksander; Merecz-Kot, Dorota; Jacukowicz, Aleksandra

    2017-01-01

    The sense of work-life balance has an undoubted impact not only on employees’ quality of life and work performance, but also on the functioning of companies. Therefore, efforts to maintain work-life balance are beneficial to workers, employers, authorities and researchers. Poland and Norway are the examples of European countries with different work-life balance policies both on legal and organizational levels. This paper aims to compare legal solutions in two economically different countries ...

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

    International Nuclear Information System (INIS)

    Gherbaz, S.

    2009-01-01

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

  9. Local Authority Empowerment towards Quality Living Environment for Coastal Reclamation Area

    Directory of Open Access Journals (Sweden)

    Yusup Mohammad

    2016-01-01

    Full Text Available Good urban governance administration system is the key to a successful physical planning development. A local authority of a local government concentrates on planning administration and executes the policies and strategies either the federal or state, or even the local’s policies and strategies. Based on its characteristic as the lowest level of government, it becomes the best authority to regulate and monitor the development process within their territory. The significance of a local authority in providing quality living environment invites various academia and professionals to ponder the best urban governance system at a local level. However, there are issues with regards to financial and technical capacity of a local authority, its legal limitation and development instrument adopted in providing urban services for coastal reclamation area in Malaysia. The aim of this paper is to investigate the capability of local authorities in Malaysia in implementing their function as drawn by the legislation. Hence, this paper examines the roles and functions of a local authority as the lowest level of government administration agency in providing urban services; collecting revenue; safeguarding the physical environment in Malaysia, particularly when dealing with development in a coastal reclamation area. Primary data collection was gathered through face-to-face interview sessions involving government agencies and stakeholders. Legal documents, policies and development plans were then analysed to support the primary data for further understanding of the issues concerning the capacity of a local authority especially when providing urban services within its area. The study is expected to provide a new approach to local authorities in Malaysia in providing quality living environment in terms of development procedure, the role and function, legal empowerment, and decentralisation of function particularly in enhancing the current practices at local level.

  10. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  11. Legal Portion in Russian Inheritance Law

    Science.gov (United States)

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

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

  12. The Legal Context for Teacher Improvement.

    Science.gov (United States)

    Belsches-Simmons, Grace; Bray, Judith

    Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

  13. 7. Emerging Applications and Some legal Issues

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 6; Issue 8. Electronic Commerce - Emerging Applications and Some Legal Issues. V Rajaraman. Series Article Volume 6 Issue 8 August ... Author Affiliations. V Rajaraman1. IBM Professor of Information Technology JNCASR Bangalore 560 064, India.

  14. Sceptical remarks on the 'open' legal concept

    International Nuclear Information System (INIS)

    Sendler, H.

    1987-01-01

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

  15. Ethical and Legal Responsibilities of Counselors.

    Science.gov (United States)

    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)

  16. Citing Legal Material in APA Journals.

    Science.gov (United States)

    Osborne, Allan G., Jr.

    1992-01-01

    Guidelines are offered to authors on the correct citation format for legal references, including statutes and regulations, court decisions, and law review articles. Standards are based on those published by the Harvard Law Review Association and the American Psychological Association. (DB)

  17. A legal approach to radioactive waste management

    International Nuclear Information System (INIS)

    Derche, B.; Rocamora, P.; Salelles, A.

    1983-01-01

    The authors of this paper review the major legal problems raised by radioactive waste management. They stress the complexity of such problems by posing three main queries: surveillance or no surveillance; liability or no liability and finally internationalisation or national jurisdiction. This analysis seeks to provide food for thought on each point rather than a solution to the questions reviewed. (NEA) [fr

  18. 25 CFR 117.22 - Disbursements to legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Disbursements to legal guardians. 117.22 Section 117.22... COMPETENCY § 117.22 Disbursements to legal guardians. Any disbursement authorized to be made to an Indian by... to the guardian. All expenditures by a guardian of the funds of his ward must be approved in writing...

  19. The contractual and legal framework for petroleum exploration in Cameroon

    International Nuclear Information System (INIS)

    Ndi, George

    1992-01-01

    Cameroon has been a producer and net exporter of oil now for almost 15 years, although the country remains a minor player in the international oil industry. However, with its privileged location on the West African coast and an offshore oil industry which is centred on the Gulf of Guinea, Cameroon has been, and remains, a regional oil producer of some importance. This article sets out to analyse the legal aspects of the commercial exploitation of oil in Cameroon by examining the applicable law, exploration/production contracts, and the fiscal regime. Its purpose is to try to provide a setting which facilitates a proper understanding of the legal frame-work in which the petroleum industry operates in Cameroon, as well as an indication of the direction of government policy towards the further development and expansion of the industry. But first, it will be useful to begin the discussion with an examination of the role of petroleum production in the national economy. (author)

  20. Energy Security of Russia and the EU: Current Legal Problems

    Energy Technology Data Exchange (ETDEWEB)

    Seliverstov, S.

    2009-07-01

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

  1. Energy Security of Russia and the EU: Current Legal Problems

    International Nuclear Information System (INIS)

    Seliverstov, S.

    2009-01-01

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

  2. Legal Regulation and Consumers: The RFID Industry's Perspective

    Science.gov (United States)

    Ronzani, Daniel

    Many journal articles have presented research on the adoption and diffusion of Radio Frequency Identification (RFID) from a regulatory or consumer perspective. This research takes a reverse viewpoint. It researches the industry's experience with regulation by law and its experience with consumers. First, semi-structured interviews with RFID industry stakeholders are conducted on the topics of (UHF) frequency law, database law, and privacy law. Second, the industry's experience with (i) regulation by law and (ii) the consumers is collected in a worldwide online survey with companies and organisations that research, produce, sell, and consult on RFID technology. Third, empirical data is evaluated by different territories and industries to discuss four observations about legal regulation and consumers made by the authors with four feedback observations from the online survey. Given the evaluation of the empirical data, this article recommends that the RFID industry engage in better constructive dialogue with the legal regulator , strengthen its knowledge on applicable legislation, and re-evaluate its information policy to the consumer.

  3. Energy transition and legal transition: renewable energies development in France

    International Nuclear Information System (INIS)

    Darson, Alice

    2015-01-01

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

  4. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Yunisrina Qismullah Yusuf

    2016-03-01

    Full Text Available Guidelines for Article Submission SiELE journal accepts articles on research and development in the field of teaching and learning of English, linguistics, educational development, policy and cultural studies in education. To be considered for publication, the article should be presented in the following system: First page: include a title page with the full title of the paper (must not exceed 16 words, the author(s’ name(s, affiliation(s, phone number(s and e-mail address of the corresponding author. A brief bio-data of the author(s (maximum of 100 words is provided in this page. Second p age and subsequent page: Submissions should be between 4000-6000 (including abstract, table(s, figure(s and references in A4 size paper with margins as the following: top 3 cm, bottom 3 cm, right 2.5 cm and left 4 cm. The font is Times New Roman, size 12 and single spaced. The article should generally consist of the following sections: introduction, review of literature, method, findings, discussion and conclusion. Headings and subheadings should be presented as follows (provide a space between the headings and sub-headings. 1 INTRODUCTION 1.1 Subheading of the Content 1.1.1 Subheading of the Content For Tables, the title size is 12 and the content size is 10. Please number the tables subsequently throughout your article and the title is written above the table. For Figures, the title size is 12 and the content size (if any is 10. Please number the figures subsequently throughout your article and the title is written below the figure. The reference list should be arranged alphabetically following the guidelines of the Publication Manual of the American Psychological Association (5th ed.. See the following examples:   Book: Ellis, R. (2003. Task-based language learning and teaching. Oxford: Oxford University Press. Internet source: Andrewes, S. (2003. Group work v. whole-class activities. Retrieved October 1, 2012 from http://www.teachingenglish.org

  5. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Yunisrina Qismullah Yusuf

    2015-03-01

    Full Text Available Guidelines for Article Submission SiELE journal accepts articles on research and development in the field of teaching and learning of English, linguistics, educational development, policy and cultural studies in education. To be considered for publication, the article should be presented in the following system: First page: include a title page with the full title of the paper (must not exceed 16 words, the author(s’ name(s, affiliation(s, phone number(s and e-mail address of the corresponding author. A brief bio-data of the author(s (maximum of 100 words is provided in this page. Second page and subsequent page: Submissions should be between 4000-6000 (including abstract, table(s, figure(s and references in A4 size paper with margins as the following: top 3 cm, bottom 3 cm, right 2.5 cm and left 4 cm. The font is Times New Roman, size 12 and single spaced. The article should generally consist of the following sections: introduction, review of literature, method, findings, discussion and conclusion. Headings and subheadings should be presented as follows (provide a space between the headings and sub-headings. 1 INTRODUCTION 1.1 Subheading of the content 1.1.1 Subheading of the content For Tables, the title size is 12 and the content size is 10. Please number the tables subsequently throughout your article and the title is written above the table. For Figures, the title size is 12 and the content size (if any is 10. Please number the figures subsequently throughout your article and the title is written below the figure. The reference list should be arranged alphabetically following the guidelines of the Publication Manual of the American Psychological Association (5th ed.. See the following examples: Back Matter| 79 80 | STUDIES IN ENGLISH LANGUAGE AND EDUCATION, Volume 1, Number 1, March 2014 Book: Ellis, R. (2003. Task-based language learning and teaching. Oxford: Oxford University Press. Internet source: Andrewes, S. (2003. Group work v

  6. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Yunisrina Qismullah Yusuf

    2015-10-01

    Full Text Available Guidelines for Article Submission   SiELE journal accepts articles on research and development in the field of teaching and learning of English, linguistics, educational development, policy and cultural studies in education. To be considered for publication, the article should be presented in the following system: First page: include a title page with the full title of the paper (must not exceed 16 words, the author(s’ name(s, affiliation(s, phone number(s and e-mail address of the corresponding author. A brief bio-data of the author(s (maximum of 100 words is provided in this page. Second page and subsequent page: Submissions should be between 4000-6000 (including abstract, table(s, figure(s and references in A4 size paper with margins as the following: top 3 cm, bottom 3 cm, right 2.5 cm and left 4 cm. The font is Times New Roman, size 12 and single spaced. The article should generally consist of the following sections: introduction, review of literature, method, findings, discussion and conclusion. Headings and subheadings should be presented as follows (provide a space between the headings and sub-headings. 1         INTRODUCTION 1.1      Subheading of the Content  1.1.1   Subheading of the Content  For Tables, the title size is 12 and the content size is 10. Please number the tables subsequently throughout your article and the title is written above the table. For Figures, the title size is 12 and the content size (if any is 10. Please number the figures subsequently throughout your article and the title is written below the figure. The reference list should be arranged alphabetically following the guidelines of the Publication Manual of the American Psychological Association (5th ed.. See the following examples:   Book: Ellis, R. (2003. Task-based language learning and teaching. Oxford: Oxford University Press. Internet source: Andrewes, S. (2003. Group work v. whole-class activities. Retrieved October 1, 2012 from

  7. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Yunisrina Qismullah Yusuf

    2014-03-01

    Full Text Available Guidelines for Article Submission   SiELE journal accepts articles on research and development in the field of teaching and learning of English, linguistics, educational development, policy and cultural studies in education. To be considered for publication, the article should be presented in the following system: First page: include a title page with the full title of the paper (must not exceed 16 words, the author(s’ name(s, affiliation(s, phone number(s and e-mail address of the corresponding author. A brief bio-data of the author(s (maximum of 100 words is provided in this page. Second page and subsequent page: Submissions should be between 4000-6000 (including abstract, table(s, figure(s and references in A4 size paper with margins as the following: top 3 cm, bottom 3 cm, right 2.5 cm and left 4 cm. The font is Times New Roman, size 12 and single spaced. The article should generally consist of the following sections: introduction, review of literature, method, findings, discussion and conclusion. Headings and subheadings should be presented as follows (provide a space between the headings and sub-headings. 1         INTRODUCTION 1.1      Subheading of the content  1.1.1   Subheading of the content  For Tables, the title size is 12 and the content size is 10. Please number the tables subsequently throughout your article and the title is written above the table. For Figures, the title size is 12 and the content size (if any is 10. Please number the figures subsequently throughout your article and the title is written below the figure. The reference list should be arranged alphabetically following the guidelines of the Publication Manual of the American Psychological Association (5th ed.. See the following examples:   Book: Ellis, R. (2003. Task-based language learning and teaching. Oxford: Oxford University Press. Internet source: Andrewes, S. (2003. Group work v. whole-class activities. Retrieved October 1, 2012 from

  8. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Yunisrina Qismullah Yusuf

    2014-09-01

    Full Text Available Guidelines for Article Submission   SiELE journal accepts articles on research and development in the field of teaching and learning of English, linguistics, educational development, policy and cultural studies in education. To be considered for publication, the article should be presented in the following system: First page: include a title page with the full title of the paper (must not exceed 16 words, the author(s’ name(s, affiliation(s, phone number(s and e-mail address of the corresponding author. A brief bio-data of the author(s (maximum of 100 words is provided in this page. Second page and subsequent page: Submissions should be between 4000-6000 (including abstract, table(s, figure(s and references in A4 size paper with margins as the following: top 3 cm, bottom 3 cm, right 2.5 cm and left 4 cm. The font is Times New Roman, size 12 and single spaced. The article should generally consist of the following sections: introduction, review of literature, method, findings, discussion and conclusion. Headings and subheadings should be presented as follows (provide a space between the headings and sub-headings. 1         INTRODUCTION 1.1      Subheading of the content  1.1.1   Subheading of the content  For Tables, the title size is 12 and the content size is 10. Please number the tables subsequently throughout your article and the title is written above the table. For Figures, the title size is 12 and the content size (if any is 10. Please number the figures subsequently throughout your article and the title is written below the figure. The reference list should be arranged alphabetically following the guidelines of the Publication Manual of the American Psychological Association (5th ed.. See the following examples:   Book: Ellis, R. (2003. Task-based language learning and teaching. Oxford: Oxford University Press. Internet source: Andrewes, S. (2003. Group work v. whole-class activities. Retrieved October 1, 2012 from

  9. Legal and regulatory framework of Uranium's enrichment

    International Nuclear Information System (INIS)

    Antelo, Josefina; Figueredo, Micaela S.; Mangone, Gisela P.; Manin, Maria L.; Pota, Luciana F.

    2009-01-01

    The object of this paper is to develop the legal aspects referred to the activities of uranium's enrichment, in order to achieve the pacific use of nuclear energy and to obey treatments, agreements and international conventions in which Argentine is party and through them assumes the non proliferation's commitment. In this context, we will develop the rights and obligations established in those legal instruments, as well as the juridical concerns of the eventual subscription of Argentine to the Additional Protocol approved by the Board of Governors in 1997. (author)

  10. Legal aspects of transfrontier air pollution

    International Nuclear Information System (INIS)

    Rauschning, D.

    1986-01-01

    This contribution deals with the technical developments and the necessary adaptation of the legal and social systems in the various states. The author first discusses provisions of international law with regard to giving proof of environmental pollution caused by a neighbour state. He then deals with the legal aspects of long-distance air pollution. Finally, the Federal German substantial air pollution control law and relevant licensing provisions are taken as an example to show how the Federal Republic of Germany comes up to the obligations set by international law, to provide for due protection of the environment in neighbour states. (orig./HSCH) [de

  11. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  12. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

    There has been much discussion and some controversy on the legal issues faced by the Department of Energy's (DOE) protective forces in the performance of their security duties. These include the observance of legal proprieties in the arrest of non-violent demonstrators, the use of lethal weapons, and the extent of protective forces' authority to carry weapons and protect DOE's security interests offsite. In brief, the need to protect DOE's security interests may be in nominal conflict with other requirements. When faced with a potential conflict in requirements, we in the DOE security community must place first attention to the security mission -- to deter and prevent hostile acts

  13. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  14. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  15. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    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

  16. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    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

  17. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system.Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies.Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field.Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis.Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models.Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes. The

  18. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system. Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies. Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field. Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis. Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models. Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes

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

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

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

  20. The EU Vs. Russia: Legal Nature and Implementation of the Union’s Restrictive Measures

    Directory of Open Access Journals (Sweden)

    Voinikov Vadim

    2015-03-01

    Full Text Available The author proposes his take on the EU sanctions against Russia. He aims to understand the legal nature of the EU restrictions, the exact procedure of their implementation, revision, and repeal, as well as their judicial review. To this end, he proposes a system of sanction classification, analyses current EU legislation on the imposition and implementation of sanctions, as well as the case law on the sanction policy. The author also examines EU sanctions imposed on other countries and compares them to the Russian ones. He thus comes up with the following classification of sanctions against Russia: individual sanctions, those targeted at Crimea and Sevastopol, and anti-Russian economic sanctions. He concludes that the EU sanctions against Russia are inconsistent with the legal nature of restrictive measures, since they are a punishment rather than a policy tool. The author believes that in the current political conditions it may be difficult for the European Union to reach a unanimous agreement to repeal or prolong the sanctions. This article is inspired by the discussions that took place during the international conference “Russia and the EU: the Question of Trust” held in Luxembourg on November, 28—29 (2014.

  1. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Chief Editor

    2016-06-01

    , and explore the implications of your findings for future research and for clinical practice or policy. Do not repeat in detail data or other information given in other parts of the manuscript, such as in the Introduction or the Results section.Link the conclusions with the goals of the study but avoid unqualified statements and conclusions not adequately supported by the data. In particular, distinguish between clinical and statistical significance, and avoid making statements on economic benefits and costs unless the manuscript includes the appropriate economic data and analyses. Avoid claiming priority or alluding to work that has not been completed. State new hypotheses when warranted, but label them clearly. g. References i. General Considerations Related to ReferencesAuthors should provide direct references to original research sources whenever possible. References should not be used by authors, editors, or peer reviewers to promote self-interests. Although references to review articles can be an efficient way to guide readers to a body of literature, review articles do not always reflect original work accurately. On the other hand, extensive lists of references to original work on a topic can use excessive space. Fewer references to key original papers often serve as well as more exhaustive lists, particularly since references can now be added to the electronic version of published papers, and since electronic literature searching allows readers to retrieve published literature efficiently.Do not use conference abstracts as references: they can be cited in the text, in parentheses, but not as page footnotes. References to papers accepted but not yet published should be designated as “in press” or “forthcoming.” Information from manuscripts submitted but not accepted should be cited in the text as “unpublished observations” with written permission from the source.Avoid citing a “personal communication” unless it provides essential information

  2. Author: M Swanepoel LEGAL ASPECTS WITH REGARD TO ...

    African Journals Online (AJOL)

    user

    Associate Professor, Unisa, School of Law, Department of. Jurisprudence. E-mail: MagdSwanem@unisa.ac.za. 1. Burchell Principles of ..... a result, he lapsed into an automatistic state, during which he began shooting at people in the bar, killing one person. The question was whether the accused had suffered from a mental ...

  3. Access authorization: reducing legal exposure during the screening process

    International Nuclear Information System (INIS)

    Ingram, J.

    1987-01-01

    Due to strong local opposition to the establishment and maintenance of nuclear power facilities, a lawsuit against a large power company is often perceived by the individual juror as an opportunity to strike a blow for the little guy, regardless of the merits of the underlying case. The following suggestions attempt to incorporate the primary concern of jurors that the program should be one designed to minimize the likelihood that an employee will be unfairly terminated or rejected, but without jeopardizing the safety of the facility: (1) any psychological test should be in writing and administered and scored according to professionally accepted criteria. Any employee or applicant receiving an abnormal score should be given an opportunity to retake the test. (2) All employees should be subjected to a structured clinical interview by a licensed psychiatrist or psychologist, not only those who performed questionably on the written test. Any employee or applicant who does not pass the clinical interview should be given the opportunity to be reexamined by another psychologist or psychiatrist. (3) The employee should be confronted with all adverse data, such as prior history of crime, alcoholism, etc., and be given the opportunity to explain or deny the information. (4) It must be made clear to the employee that the failure to certify him as stable is not the same as certifying that he is unstable. (5) Communication of the test results should be made only to the licensee and the applicant

  4. Border Security and Military Support: Legal Authorizations and Restrictions

    National Research Council Canada - National Science Library

    Vina, Stephen R

    2006-01-01

    .... Reported escalations in criminal activity and illegal immigration, however, have prompted some law makers to reevaluate the extent and type of military support that occurs in the Mexico-United States border region...

  5. EPA Communications Stylebook: Authorities and Legal Information Guide

    Science.gov (United States)

    This chapter's information is generally applicable to all public communications documents, whether printed or only posted on the web. It covers copyright and trademark issues, the scope of government works and authorship, fair use, privacy, and more.

  6. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Chief Editor

    2015-12-01

    Full Text Available Author GuidelinesIJCH strictly adheres on the recommendations for the Conduct, Reporting, Editing and Publication of Scholarly Work in Medical Journals as per the standard universal guidelines given by International Committee of Medical Journal Editors (ICMJE - Recommendations for Uniform Requirements for Manuscripts. Authors are requested to visit http://www.icmje.org/index.html before making online submission of their manuscript(s.  http://www.icmje.org/recommendations/browse/manuscript-preparation/preparing-for-submission.html Preparing for SubmissionPAGE CONTENTSGeneral PrinciplesReporting GuidelinesManuscript SectionsTitle PageAbstractIntroductionMethodsResultsDiscussionReferencesTablesIllustrations (FiguresUnits of MeasurementAbbreviations and Symbols1. General PrinciplesThe text of articles reporting original research is usually divided into Introduction, Methods, Results, and Discussion sections. This so-called “IMRAD” structure is not an arbitrary publication format but a reflection of the process of scientific discovery. Articles often need subheadings within these sections to further organize their content. Other types of articles, such as meta-analyses, may require different formats, while case reports, narrative reviews, and editorials may have less structured or unstructured formats.Electronic formats have created opportunities for adding details or sections, layering information, cross-linking, or extracting portions of articles in electronic versions. Supplementary electronic-only material should be submitted and sent for peer review simultaneously with the primary manuscript.2. Reporting GuidelinesReporting guidelines have been developed for different study designs; examples include CONSORT for randomized trials, STROBE for observational studies, PRISMA for systematic reviews and meta-analyses, and STARD for studies of diagnostic accuracy. Journals are encouraged to ask authors to follow these guidelines because

  7. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  8. Whither the legal control of nuclear energy?

    International Nuclear Information System (INIS)

    Riley, Peter

    1995-01-01

    International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs

  9. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

  10. Energy policy

    International Nuclear Information System (INIS)

    Forrester, J.W.

    1979-01-01

    The author places the energy problem in the context of world economy. The various obstacles encountered in the United States to spell out a viable national energy policy are cited. A certain number of practical proposals is given to lead to an 'effective policy' which would allow energy economy at the same time as energy development, that is, including nuclear energy [fr

  11. The Orthodox parish in the Russian Empire as an object of fi scal policy of the secular and ecclesiastical authorities in the late XIX — early XX centuries

    Directory of Open Access Journals (Sweden)

    А. BEGLOV

    2014-04-01

    Full Text Available In the article the system of taxation of Orthodox parishes of the Russian Empire in the late XIX — early XX centuries is reconstructed on the new archival materials and the numerous contributions that the parishes carried out from its own funds in favor of the diocesan institutions and charitable organizations are described. Attempt are made to estimate the number of different charges, which existed in this period (the author now includes over 80 items and their size and severity for the parish budget. In this regard, it is concluded that such deductions in some cases accounted for more than half of the income of the parish churches. The author describes the reasons for turning the formally voluntary fees in favor of charitable institutions in virtually compulsory. It investigates the failed attempts of the Supreme Church leadership to reform the system of parish charges in the early XXth century, in particular, the work of the two synodal committees (active in 1905 under the chairmanship of Archbishop Nikon (Sofi yskiy and in 1909, under the chairmanship of Archbishop Anthony (Khrapovitsky. The author comes to the conclusion that these charges were not the only cause of poverty of many parishes (especially rural parishes in Central Russia, but they weakened the parish as a religious community, for the charges were a pretext for permanent discontent among the parishioners about the parish clergy and diocesan authorities. Not the last role here was played by the fact that the diocesan institutions, which were funded by the parish funds were of an estate character.

  12. Author Details

    African Journals Online (AJOL)

    PROMOTING ACCESS TO AFRICAN RESEARCH. AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search · USING AJOL · RESOURCES. Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads.

  13. Author Correction

    DEFF Research Database (Denmark)

    Gröbner, Susanne N; Worst, Barbara C; Weischenfeldt, Joachim

    2018-01-01

    In this Article, author Benedikt Brors was erroneously associated with affiliation number '8' (Department of Developmental Neurobiology, St Jude Children's Research Hospital, Memphis, Tennessee, USA); the author's two other affiliations (affiliations '3' and '7', both at the German Cancer Researc...

  14. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... An algorithm to retrieve Land Surface Temperature using Landsat-8 Dataset Abstract PDF. ISSN: 2225-8531.

  15. The problem of the legal nature of Green Certificates in the Italian legal system

    International Nuclear Information System (INIS)

    Colcelli, Valentina

    2012-01-01

    Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

  16. ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

    Directory of Open Access Journals (Sweden)

    Camelia, CHIRILA

    2014-11-01

    Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

  17. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  18. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  19. The legal aspects of the power breakdown in August 2003

    International Nuclear Information System (INIS)

    Dunberry, E.

    2004-01-01

    The power breakdown on August 14, 2003 could re-occur. There are legal liabilities over interruptions of power without notice and honouring of contract terms. This risk must be managed with prudence and diligence. (author)

  20. Electronic Health Information Legal Epidemiology Data Set 2014

    Data.gov (United States)

    U.S. Department of Health & Human Services — Authors: Cason Schmit, JD, Gregory Sunshine, JD, Dawn Pepin, JD, MPH, Tara Ramanathan, JD, MPH, Akshara Menon, JD, MPH, Matthew Penn, JD, MLIS This legal data set...

  1. Valid, legally defensible data from your analytical laboratories

    International Nuclear Information System (INIS)

    Gay, D.D.; Allen, V.C.

    1989-01-01

    This paper discusses the definition of valid, legally defensible data. The authors describe the expectations of project managers and what should be gleaned from the laboratory in regard to analytical data

  2. Legal framework of radioactive waste management in Indonesia

    International Nuclear Information System (INIS)

    Ridwan, M.

    2000-01-01

    The nuclear programme and the related legal framework in Indonesia is outlined. The provisions and principles concerning the management of radioactive waste are described. Furthermore, aspects of liability for nuclear damage and public involvement are addressed. (author)

  3. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1992-02-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor), the author examines the legal aspects of public participation in the administrative procedure of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. This is reflected also in studies of the legal functions of public participation, according to which the lawfulness of procedures is observed without, however, the legitimacy of the project being achieved. (orig./HP) [de

  4. The National Security Agency (NSA eavesdropping on Americans
    A programme that is neither legal nor necessary

    Directory of Open Access Journals (Sweden)

    Zmarak Khan

    2006-12-01

    Full Text Available On 16 December 2005, the New York Times reported that the President had authorized the National Security Agency (NSA to spy on Americans, inside the United States, without first obtaining a warrant from the secret FISA court. Although the President has described the NSA activities to be legal and critical to our national security, the programme has started a national controversy, raising questions over its legality and necessity. Consequently, there have been pending legal challenges, congressional investigations, and public outcry over the use of such expansive presidential authority. The legal community, including the American Bar Association, considers the programme illegal. The only district court that has addressed the issue has held it to be an unconstitutional programme that violates FISA. This comment highlights several reasons for why warrantless wiretapping is illegal and unnecessary. The comment also notes public policy reasons against presidential power that is not subject to any checks from Congress or review from the judiciary. Finally, it argues that the President needs to immediately cease the programme; asks Congress to take its oversight responsibility more seriously; and reasons that the judicial review protects against abuse.

  5. Political and Legal Doctrine of Simon Bolivar

    Directory of Open Access Journals (Sweden)

    Mixail V. Fedorov

    2014-03-01

    Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

  6. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  7. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

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

  8. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  9. Using scientific evidence to inform public policy on the long distance transportation of animals: role of the European Food Safety Authority.

    Science.gov (United States)

    Ribò, Oriol; Candiani, Denise; Aiassa, Elisa; Correia, Sandra; Afonso, Ana; De Massis, Fabrizio; Serratosa, Jordi

    2008-01-01

    The authors review the work of the previous Scientific Committee on Animal Health and Animal Welfare and the current European Food Safety Authority (EFSA) in providing scientific advice on the welfare aspects of animal transport and the impact of this advice on the European Union (EU) regulatory framework. Through its Protocol on the Protection and Welfare of Animals, the Treaty of Amsterdam obliges European institutions to pay full regard to the welfare requirements of animals when formulating and implementing EU legislation. Regulation 1/2005 states that EU legislation should be amended to take into account new scientific evidence. Provisions for poultry, cats and dogs take into account the recommendations included in EFSA's Scientific Opinion which considers different species (poultry, deer, rabbits, dogs and cats, fish and exotic animals). Examples of the effect of the scientifically based conclusions and recommendations from the Scientific Opinion on the measures in Regulation 1/2005 are summarised and show the impact of scientific evidence on EU legislation.

  10. Using scientific evidence to inform public policy on the long distance transportation of animals: role of the European Food Safety Authority

    Directory of Open Access Journals (Sweden)

    Oriol Ribò

    2008-03-01

    Full Text Available The authors review the work of the previous Scientific Committee on Animal Health and Animal Welfare and the current European Food Safety Authority (EFSA in providing scientific advice on the welfare aspects of animal transport and the impact of this advice on the European Union (EU regulatory framework. Through its Protocol on the Protection and Welfare of Animals, the Treaty of Amsterdam obliges European institutions to pay full regard to the welfare requirements of animals when formulating and implementing EU legislation. Regulation 1/2005 states that EU legislation should be amended to take into account new scientific evidence. Provisions for poultry, cats and dogs take into account the recommendations included in EFSA's Scientific Opinion which considers different species (poultry, deer, rabbits, dogs and cats, fish and exotic animals. Examples of the effect of the scientifically based conclusions and recommendations from the Scientific Opinion on the measures in Regulation 1/2005 are summarised and show the impact of scientific evidence on EU legislation.

  11. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  12. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  13. Author's capabilities in author indexing

    International Nuclear Information System (INIS)

    Ooi, Shoichi

    1988-01-01

    The purpose of this paper is to provide a author capability of current author indexing practices in journal literature indexing practices in 'Journal of Nuclear Science and Technology of Japan'. This Journal employed keywords freely assigned by author and not taken from INIS Thesaurus or other vocabulary list. Author examined 413 literatures, comparing keywords assigned by the literatures' authors with descriptor's (ATOMINDEX) assigned by an experienced professional indexer. The results of the comparisons showed that the average set of terms assigned by author included about 70% of all the terms assigned to the same literature by the professional indexer. Authors eventually would contribute, for the most effective point to create reference to information is at the time of its generation. Consequently, it may be possible to transfer them easily to descriptors in every secondary information system. (author)

  14. POLITIK HUKUM PENGUATAN FUNGSI NEGARA UNTUK KESEJAHTERAAN RAKYAT (Studi Tentang Konsep Dan Praktik Negara Kesejahteraan Menurut UUD 1945 / LEGAL POLICY OF STRENGTHENING STATE FUNCTIONS FOR PEOPLE’S WELFARE (Concepts And Practices Study Of Welfare State Based On The 1945 Constitution

    Directory of Open Access Journals (Sweden)

    Agus Riwanto

    2017-11-01

    Full Text Available Konsep negara dalam praktik ketatanegaraan menurut konstruksi konstitusi terbagi dalam dua kutub yang berlawanan, yaitu negara kesejahteraan (welfare state dan negara liberal (liberal state. Keduanya berbeda, yang pertama menuntut fungsi negara yang kuat dan luas dalam mengatur keadilan ekonomi, sedang yang kedua sebaliknya mempercayakan pada pasar bebas dalam perekonomian, sehingga fungsi negara harus dipinggirkan. Berdasarkan metode penelitian yuridis-sosiologis (socio-legal sesuai Pasal 33 UUD 1945 Pasca amandemen Indonesia menganut konsep negara kesejahteraan. Namun secara sosiologis dalam praktiknya berkecenderungan menganut negara liberal yang tak menyejahterakan rakyat. Tantangan negara kesejahteraan Indonesia adalah negara liberal yang melahirkan sistem ekonomi kapitalis. Pilihan yang tersedia untuk melawan sistem ekonomi kapitalis adalah dengan melakukan aneka usaha politik hukum (legal policy, yakni: Pertama, memfungsikan kembali peran fungsi negara dalam pengaturan dan pengendalian ekonomi. Kedua, memperbesar penghasilan negara melalui pajak dan diimbangi dengan belanja sosial yang tinggi untuk mewujudkan kesejahteraan sosial dan keadilan ekonomi. According to the constitution, the state concept in constitutional practice can be divided into two opposite poles, namely welfare and liberal state. They have different characteristics in which the first concept (welfare state requires a strong and extensive state functions to regulate an economic justice, on the contrary the second concept (liberal state relies on the free market economy which state’s role should be marginalized. Sosio-legal research is used in this article. Based on the Article 33 of Indonesian post constitutional amendment of 1945, Indonesia embraced the concept of welfare state. Yet, the practice sociologically tends to embrace a liberal state that is not suitable with the welfare of the people. There are challenges, in the context of liberal state, faced by Indonesia

  15. Author Details

    African Journals Online (AJOL)

    Can a 'Realist Pan-Africanism' Be a Relevant Tool Toward the Transformation of African and African Diaspora Politics? Imagining a Pan-African State Abstract PDF · Vol 9, No 1-2 (2006) - Articles The Welfare State Within the Context of Liberal Globalisation in Africa: Is the Concept Still Relevant in Social Policy Alternatives ...

  16. Author Details

    African Journals Online (AJOL)

    Did Pan-Africanism beget Nationalism? Race and Territory in the Discourse on Pan-Africanism Abstract · Vol 11 (2011) - Articles The Making of an African American Foreign Policy Lobby: The American Negro Leadership Conference on Africa Abstract. ISSN: 1596-5031. AJOL African Journals Online. HOW TO USE AJOL.

  17. Author Details

    African Journals Online (AJOL)

    Financing and delivery mechanisms for mosquito control tools in Sudan: A Strengths Weaknesses Opportunities and Threats (SWOT) analysis. Abstract · Vol 15, No 1 (2010) - Articles Health sector reform processes in Nigeria: A review of factors that have enabled or constrained policy implementation in Enugu and Anambra ...

  18. Author Details

    African Journals Online (AJOL)

    Check, NA. Vol 38, No 2 (2008): - Articles France-Africa Policy and the Formation of the Union for the Mediterranean: Implications for a United Africa Abstract · Vol ... Abstract · Vol 41, No 2 (2011) - Articles Global Climate Change Politics and its Implications for Sustainable Forest Management in the Congo Basin Rainforest

  19. Author Details

    African Journals Online (AJOL)

    Onuegbulam, M. Chigozie. Vol 8, No 2 (2017) - Articles Whistle blowing policy and the fight against corruption in Nigeria: implications for criminal justice and the due process. Abstract PDF · Vol 9, No 2 (2018) - Articles Restorative justice intervention in the repression of crime in oil and gas production in Nigeria Abstract PDF.

  20. Author Details

    African Journals Online (AJOL)

    Yinusa, DO. Vol 6, No 10 (2009) - Articles Determinants of Child Labour and Schooling in Botswana: Evidence from 2005/2006 Labour Force Survey Abstract PDF · Vol 5, No 7 (2008) - Articles Exchange Rate Volatility, Currency Substitution and Monetary Policy in Nigeria Abstract. ISSN: 1810-0163. AJOL African Journals ...

  1. Author Details

    African Journals Online (AJOL)

    ... antimicrobial stewardship minimise the need for ultrabroad-spectrum combination therapy for treatment of nosocomial infections in a trauma intensive care unit: An audit of an evidence-based empiric antimicrobial policy. Abstract PDF · Vol 103, No 7 (2013) - Articles Evidence-based medicine – are we boiling the frog?

  2. Author Details

    African Journals Online (AJOL)

    Akanbi, Olusegun Ayodele. Vol 4, No 1 (2016) - Articles The Dynamic Effects of Monetary Policy on Real Variables in Namibia Abstract PDF · Vol 5, No 2 (2017) - Articles The impact of informal economy on the interest rate pass-through: evidence from an ARDL model. Abstract PDF · Vol 5, No 2 (2017) - Articles The relative ...

  3. Author Details

    African Journals Online (AJOL)

    Adebola, FB. Vol 16 (2010) - Articles A Cost Control Policy for Material Requirements Planning and Procurements. Abstract · Vol 19 (2011) - Articles A new Tripartite Randomized Response Technique Abstract · Vol 20, No 1 (2012) - Articles On a Numerical Comparison of the Proposed Randomized Response Technique ...

  4. Author Details

    African Journals Online (AJOL)

    Competitive Strategy and Total Quality Management Culture in organizations. Abstract PDF · Vol 1, No 2 (2007) - Articles Supervision and Quality Assurance Strategies in Education: Implication for Educational Policy Making Abstract PDF · Vol 1, No 2 (2007) - Articles English Pronunciation Errors: A Case Study of Amhara ...

  5. Author Details

    African Journals Online (AJOL)

    Taleshi, M. Vol 9, No 1S (2017): Special Issue - Articles Structural-functional development policies for converted villages to cities for ordering urban network. Case of East Azerbaijan Province/Iran Abstract PDF. ISSN: 1112-9867. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians ...

  6. Author Details

    African Journals Online (AJOL)

    Fine needle aspiration cytology of thyroid nodules at Kenyatta National Hospital, Nairobi Abstract · Vol 90, No 10 (2013) - Articles Cryotherapy Following Visual Inspection with Acetic Acid and Lugol's Iodine (Via/Vili) in Khwisero, Western Kenya: Lesson from the Field Affecting Policy and Practice Abstract PDF. ISSN: 0012- ...

  7. Author Details

    African Journals Online (AJOL)

    Wilson, Good. Vol 8, No 3 (2011) - Articles Corruption and Development in Nigeria: Matters Arising Abstract · Vol 8, No 3 (2011) - Articles The Underdevelopment of Nigeria: Who is to Blame - Failure of Leadership or Her Political Economic System? Abstract · Vol 8, No 4 (2011) - Articles Population Policy and National ...

  8. Author Details

    African Journals Online (AJOL)

    Review of Policy, Regulatory, and Organizational Frameworks of Environment and Health in Ethiopia Abstract PDF · Vol 30, No 1 (2016): Special Issue - Articles Health Effects of Environmental Exposures, Occupational Hazards and Climate Change in Ethiopia: Synthesis of Situational Analysis, Needs Assessment and the ...

  9. Author Details

    African Journals Online (AJOL)

    Opue, JA. Vol 10, No 1 (2012) - Articles Fiscal Policy and Economic Development in Nigeria (1960 - 2011) Abstract · Vol 10, No 2 (2012) - Articles The effect of exchange rate devaluation on selected agricultural export commodities in Nigeria Abstract. ISSN: 1597-0906. AJOL African Journals Online. HOW TO USE AJOL.

  10. Author Details

    African Journals Online (AJOL)

    Blecher, Mark. Vol 92, No 6 (2002) - Articles Downsizing of a provincial department of health - Causes and implications for fiscal policy. Abstract PDF · Vol 106, No 6 (2016) - Articles Guest Editorial: Health financing lessons from Thailand for South Africa on the path towards universal health coverage. Abstract PDF · Vol 86, ...

  11. Author Details

    African Journals Online (AJOL)

    Kassahun, TE. Vol 6, No 2 (2012) - Articles Ethiopia's WTO Accession and Financial Services Liberalization: Striking the Balance between Trade Liberalization and Domestic Policy Space Abstract PDF · Vol 8, No 1 (2014) - Articles Rethinking Ethiopia's Bilateral Investment Treaties in light of Recent Developments in ...

  12. Author Details

    African Journals Online (AJOL)

    Abstract · Vol 15, No 2 (2008) - Articles potential impacts of trade policy reform arising from the economic partnership agreement (EPA) on wage and employment in Nigerian manufacturing subsectors. Abstract · Vol 19, No 1 (2012) - Articles Are there Potential Economic Benefits from China-Nigeria Trade Agreements

  13. Author Details

    African Journals Online (AJOL)

    Bamidele, Oluwaseun. Vol 43, No 1 (2013) - Articles Book Review African foreign policy and diplomacy from antiquity to the 21st century, Volume 1. Abstract · Vol 46, No 2 (2016) - Articles Boko Haram group in Nigeria: religious intolerance and proliferation of small arms and light weapons in perspective. Abstract.

  14. Author Details

    African Journals Online (AJOL)

    Nyawo-Shava, VZ. Vol 1, No 1 (2010) - Articles Critical Exposure of Successes of Neoliberal Reforms: The 'Renown' Case of Chile Abstract · Vol 1, No 1 (2010) - Articles The Impact of Agricultural Liberalization on the Rural Poor in Lesotho: Concise Policy Appraisal of 'Less Governance'/Deregulation on Agricultural ...

  15. Legal and Institutional Foundations of Adaptive Environmental ...

    Science.gov (United States)

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

  16. On the obstacles and solutions in the application of Chinese criminal legal aid system

    Directory of Open Access Journals (Sweden)

    Wang Sh.

    2016-06-01

    Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

  17. 50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

    Science.gov (United States)

    2010-10-01

    ... Treaty require a Management Authority to make a legal acquisition finding before issuing export permits... before issuing certain CITES exemption documents. (b) Types of legal acquisition. Legal acquisition refers to whether the specimen and its parental stock were: (1) Obtained in accordance with the...

  18. The Impact of Legal Medicine Education on Medical Students' Attitudes toward Law.

    Science.gov (United States)

    LeBlang, Theodore R.; And Others

    1985-01-01

    Physicians' negative attitudes toward law and the legal system derive from the lack of understanding of basic legal principles relating to medical practice. The impact of required curriculum programing in legal medicine at Southern Illinois University School of Medicine is assessed. (Author/MLW)

  19. Concept Of The Legal System Analysis

    Directory of Open Access Journals (Sweden)

    Petr E. Zhigockiy

    2015-03-01

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

  20. 48 CFR 750.7105 - Approving authorities.

    Science.gov (United States)

    2010-10-01

    ... CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy Interests of the United States 750.7105 Approving authorities. All authority to approve actions...

  1. Author Details

    African Journals Online (AJOL)

    Visemih, Willium Muffee. Vol 9, No 2 (2001) - Articles The Role Of Internal Control In The Rural Development Of Cameroon: The Case Of The South West Development Authority (Soweda) Abstract. ISSN: 0856-6372. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's ...

  2. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Abstract PDF · Vol 3, No 6 (2011) - Articles Mixed convection flow and heat transfer in a vertical wavy channel containing porous and fluid layer with traveling thermal waves. Abstract PDF · Vol 3, No 8 ...

  3. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Singh, J. Vol 3, No 2 (2011) - Articles Plane waves in a rotating generalized thermo-elastic solid with voids. Abstract PDF. ISSN: 2141-2839. AJOL African Journals Online. HOW TO USE AJOL.

  4. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Vol 12 (2008) - Articles On the wave equations of shallow water with rough bottom topography. Abstract · Vol 14 (2009) - Articles Energy generation in a plant due to variable sunlight intensity

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    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Iliopsoas haematoma in a rugby player. Abstract PDF · Vol 29, No 1 (2017) - Articles The use of negative pressure wave treatment in athlete recovery. Abstract PDF. ISSN: 2078-516X. AJOL African ...

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    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Ismail, A. Vol 9, No 3S (2017): Special Issue - Articles Investigate of wave absorption performance for oil palm frond and empty fruit bunch at 5.8 GHz. Abstract PDF · Vol 9, No 3S (2017): Special Issue ...

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    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Isa, M.F.M.. Vol 9, No 3S (2017): Special Issue - Articles Experimental and numerical investigation on blast wave propagation in soil structure. Abstract PDF · Vol 9, No 3S (2017): Special Issue - ...

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    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... No 3S (2017): Special Issue - Articles Experimental and numerical investigation on blast wave propagation in soil structure. Abstract PDF · Vol 9, No 3S (2017): Special Issue - Articles Simulation on ...

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    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Duwa, S S. Vol 8 (2004) - Articles Lower hybrid waves instability in a velocity–sheared inhomogenous charged dust beam. Abstract · Vol 9 (2005) - Articles The slide away theory of lower hybrid bursts

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    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Vol 45 (2016) - Articles From vectors to waves and streams: An alternative approach to semantic maps1. Abstract PDF · Vol 48 (2017) - Articles Introduction: 'n Klein ietsie for Johan Oosthuizen

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    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... to blast loadings. Abstract PDF · Vol 9, No 3S (2017): Special Issue - Articles Experimental and numerical investigation on blast wave propagation in soil structure. Abstract PDF. ISSN: 1112-9867.

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    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... The use of negative pressure wave treatment in athlete recovery. Abstract PDF · Vol 29, No 1 (2017) - Articles The prevalence, risk factors predicting injury and the severity of injuries sustained during ...

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    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Vol 29, No 1 (2017) - Articles The use of negative pressure wave treatment in athlete recovery. Abstract PDF · Vol 29, No 1 (2017) - Articles The prevalence, risk factors predicting injury and the ...

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

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

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

  15. Professional Closure Beyond State Authorization

    Directory of Open Access Journals (Sweden)

    Gitte Sommer Harrits

    2014-03-01

    Full Text Available For decades, the Weberian approach to the study of professions has been strong, emphasizing state authorization and market monopolies as constituting what is considered a profession. Originally, however, the Weberian conception of closure, or the ways in which a profession is constituted and made separate, was broader. This article suggests a revision of the closure concept, integrating insights from Pierre Bourdieu, and conceptualizing professional closure as the intersection of social, symbolic and legal closure. Based on this revision, this article demonstrates how to apply such a concept in empirical studies. This is done by exploring social, symbolic and legal closure across sixteen professional degree programs. The analyses show a tendency for some overlap between different forms of closure, with a somewhat divergent pattern for legal closure. Results support the argument that we need to study these processes as an intersection of different sources of closure, including capital, lifestyles and discourse

  16. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  17. Piercing and tattoos in adolescents: legal and medico-legal implications

    Directory of Open Access Journals (Sweden)

    Conti Adelaide

    2018-04-01

    Full Text Available Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.

  18. Quem sou eu para discordar de um ministro do STF? O ensino do direito entre argumento de autoridade e livre debate de ideias Who am I to disagree with a supreme court justice? Legal education between argument from authority and free debate of ideas

    Directory of Open Access Journals (Sweden)

    Virgílio Afonso da Silva

    2010-06-01

    Full Text Available Este artigo tem como objetivo narrar uma experiência concreta com aulas participativas. O que se pretende é, entre outras coisas, demonstrar que nem sempre são necessárias reformulações radicais na metodologia do ensino jurídico para que resultados positivos sejam alcançados. Algumas das formas tradicionais de ensino - no caso em questão, os seminários - às vezes não produzem os efeitos desejados, por deficiências no planejamento ou por reproduzirem vícios do ensino jurídico, como: Ensino não participativo; foco no argumento de autoridade; muita exposição e pouco debate; falta de incentivo a posturas críticas etc. A reprodução desses vícios, aliada ao fato de que, nos seminários, muitas vezes o professor está ausente, parece-nos ser a causa da percepção generalizada de que aulas de seminários são uma forma menos importante de aprendizado. Nossa experiência tem demonstrado que esse cenário pode ser muito diferente, se alguns cuidados forem tomados.The aim of this paper is to narrate an experience with participative classes. We argue that radical changes in the current methods of legal education are not always necessary in order to achieve positive outcomes. Sometimes the participative methods already used in brazilian legal education - we focus on seminars - fail to lead to good results either due to deficiencies in planning, or because they tend to replicate the most common problems associated with non-participative methods, such as: Focusing on arguments from authority; excess of lecturing and lack of debate; lack of incentive to critical attitudes, among many others. The replication of these problems, combined with the recurrent absence of the professor responsible for the course, seems to us to be the main cause of the widespread perception that seminars are a method of learning of minor importance. our experience, however, has shown that this scenario may change significantly if due care is exercised.

  19. THE IMPORTANCE OF TAX AMNESTY POLICY IN EFFORTS TO OVERCOME TAX EVASION IN INDONESIA

    OpenAIRE

    Imas Sholihah

    2017-01-01

    Fundamental problems of taxation in Indonesia is a low tax ratio and management of the tax systemhas not been well ordered, especially the handling of the tax evaders. Tax amnesty policy is presentas one of the solutions of the problems of taxation and is part of the tax reform. There are pros andcons to this policy as it pertains to the settings in the Tax Forgiveness Act is considered less sense offairness and legal certainty and are vulnerable to abuse of authority. This policy became impo...

  20. Authoring Tools

    Science.gov (United States)

    Treviranus, Jutta

    Authoring tools that are accessible and that enable authors to produce accessible Web content play a critical role in web accessibility. Widespread use of authoring tools that comply to the W3C Authoring Tool Accessibility Guidelines (ATAG) would ensure that even authors who are neither knowledgeable about nor particularly motivated to produce accessible content do so by default. The principles and techniques of ATAG are discussed. Some examples of accessible authoring tools are described including authoring tool content management components such as TinyMCE. Considerations for creating an accessible collaborative environment are also covered. As part of providing accessible content, the debate between system-based personal optimization and one universally accessible site configuration is presented. The issues and potential solutions to address the accessibility crisis presented by the advent of rich internet applications are outlined. This challenge must be met to ensure that a large segment of the population is able to participate in the move toward the web as a two-way communication mechanism.

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  2. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    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, 𔃺 le. ~~rt n the

  3. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    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

  4. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

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

  5. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  6. Author Details

    African Journals Online (AJOL)

    Seeking Behavior Towards Dysmenorrhea among Female Students of a Private University in Ogun State, Nigeria Abstract PDF. ISSN: 2320-2041. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  7. Author Details

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    Journal Home > Advanced Search > Author Details. Log in or Register ... (2013) - Articles Technical Note: Development of a Photobioreactor for Microalgae Culture ... Design, Construction and Evaluation of Motorized Okra Slicer Abstract PDF ...

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    Monitoring on Attitudes toward Internet Fraud among Undergraduate Students of Obafemi Awolowo University, Ile-Ife Abstract PDF. ISSN: 2070-0083. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  9. Author Details

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    , Incubators and the Effects of a Spray-Disinfectant - A Quarterly Ammonium Compound Abstract. ISSN: 1116-1043. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  10. Author Details

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    676X. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL · News. OTHER RESOURCES.

  11. Author Details

    African Journals Online (AJOL)

    , happiness, hope and marital satisfaction among married people in Makurdi Metropolis, Nigeria Abstract. ISSN: 1596-9231. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about ...

  12. Author Details

    African Journals Online (AJOL)

    communication-style and parental neglect as predictors of aggressive tendencies among Secondary School adolescents. Abstract. ISSN: 0189-0263. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  13. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details. Log in or Register to ... No 1 (2014) - Articles Knowledge and Attitudes towards Basic Cardiopulmonary Resuscitation (CPR) among Community Nurses in Remo Area of Ogun State, Nigeria

  14. Author Details

    African Journals Online (AJOL)

    Mental State Examination and the Montreal Cognitive Assessment Test in schizophrenia. Abstract PDF. ISSN: 2078-6786. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about ...

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    African Journals Online (AJOL)

    ” Passages in the Context of Homosexuality Controversy: A Nigerian Perspective Abstract PDF. ISSN: 2141-7040. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  16. Author Details

    African Journals Online (AJOL)

    plant interactions and arthropod trophic structure in an endangered grassland in the Free State province, South Africa Abstract. ISSN: 1022-0119. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  17. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details. Log in or Register to get ... Optical bus of centralized relay protection and automation system of medium voltage switchgear for data collection and transmission. Abstract PDF. ISSN: 1112- ...

  18. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details. Log in or ... The prevention of mother-to-child HIV transmission programme and infant feeding practices ... Evaluation of a diagnostic algorithm for smear-negative pulmonary tuberculosis in ...

  19. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details ... Design and Implementation of an M/M/1 Queuing Model Algorithm and its Applicability in ... Vehicle Identification Technology to Intercept Small Arms and Ammunition on Nigeria Roads

  20. Author Details

    African Journals Online (AJOL)

    509X. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL · News. OTHER RESOURCES.