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.

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.

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

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

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 ...

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.

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.

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.

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...

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.

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

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.

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 ...

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.

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.

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.

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

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...

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...

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...

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...

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…

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.

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.

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)

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

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

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

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.

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.

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.

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

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.

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)

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.

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

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.

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...

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.

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…

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

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).

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.

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...

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...

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.

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.

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

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

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.

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.

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

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)

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…

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.

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.

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.

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…

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.

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,…

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.

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)

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

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)

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).

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.

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.

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...

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)

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...

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.

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.

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

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

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…

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.

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)

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.

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

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.

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

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

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.

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.

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.

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…

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.

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.

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 ...

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…

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.

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...

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...

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.

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.

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

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)

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...

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...

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

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

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...

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.

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.

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.

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.

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

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.

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.

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.

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...

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...

[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.

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.

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

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.

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.

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...

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)

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

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.

AMERICAN ATTITUDES TOWARD THE STATE LANGUAGE POLICY

Directory of Open Access Journals (Sweden)

Ирина Ивановна Скачкова

2013-04-01

Full Text Available The article is a continuation of studies of the theoretical aspects of language policy in a multinational state in theU.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.DOI: http://dx.doi.org/10.12731/2218-7405-2013-3-25

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...

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.

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

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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…

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)

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

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

The New Cannabis Policy Taxonomy on APIS: Making Sense of the Cannabis Policy Universe.

Science.gov (United States)

Klitzner, Michael D; Thomas, Sue; Schuler, Jonathan; Hilton, Michael; Mosher, James

2017-06-01

The National Institute on Alcohol Abuse and Alcoholism's Alcohol Policy Information System (APIS) is, for the first time, adding legal data pertaining to recreational cannabis use to its current offerings on alcohol policy. Now that Colorado, Washington, Oregon, Alaska, and the District of Columbia have legalized aspects of recreational cannabis, and more states are considering it, there is an urgency to provide high-quality, multi-dimensional legal data to the public health community. This article introduces the Cannabis Policy Taxonomy recently posted on APIS, and explores its theoretical and empirical contributions to the substance abuse literature and its potential for use in policy research. We also present results of interviews with public health experts in alcohol and cannabis policy, which sought to determine the most important variables to address in the initial release of cannabis policy data. From this process, we found that pricing controls emerged as the variable singled out by the largest number of experts. This analysis points to a host of vital policies that are of increasing importance to public health policy scholars and their current and future research.

LEVELS OF STATE REGULATION OF THE LEGAL STATUS OF THE DISPLACED PERSONS IN THE GOLD MINING INDUSTRY OF THE USSR (1930-1950

Directory of Open Access Journals (Sweden)

Kochegarova Elena Danilovna

2013-04-01

Full Text Available Repressive policy of the Soviet state remains one of the actual problems of Russian historical science. The peculiarities of the legal status of displaced persons, their contribution to the socio-economic development of certain regions, the use of labor by industry and government agencies deserve more attention. Purpose The purpose of this work is the analysis of public policy at different levels and reconstruction of the mechanism of development, adoption and implementation of government decisions in the employment of special group in the gold mining industry. Methodology The dialectical approach is a methodological basis of the research and was implemented through the principles of historicism, scientism, objectivity. Results General thrust of the state policy is determined by the directive of the central, regional and local authorities have particularized or duplicated relevant legal documents at higher levels. Dynamics of changes in the legal status of the displaced persons determined mutually exclusive trends: 1 the weakening or removal of restrictions, 2 toughening control. Priority in decisions belonged Party committees at all levels of management, while the real power had repressive authorities. The practical implementation of government decisions at the local level distorted and was adjusted based on personal or group interests. Practical implications The results can be used for further scientific development of the problem of forced migration.

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.

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 ...

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

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.

Local Authorities’ Policies for Disseminating Gender Equality. Evidence from Italy

Directory of Open Access Journals (Sweden)

Elena GORI

2018-02-01

Full Text Available This paper aims to analyze the role of Italian local authorities in disseminating gender equality by using the gender mainstreaming approach. Previous researches in gender were concentrated on legal aspect linked to labor or to violence against women. Moreover, other studies examined the effects of EU funds on local gender policies. However, no research results are provided about methodologies, timing and responsibilities set up by local administrations. The research focuses on a population consisting of local authorities representing the principal regional towns and analyzes the Italian local authorities’ commitment in gender mainstreaming. The result of the analysis is that the local authorities are demonstrating more commitment with policies linked to employment issues. Moreover, Italian municipalities show a signifi cant commitment to spreading GM policies, not only dedicated to women but also to a more inclusive concept of ‘gender’. However, we argue that policies for gender equality are not target-driven: local authorities widespread a wide range of gender policies without defi ning an adequate tool. Policy makers need to refl ect about the possibility to develop a clear frame concerning strategies, resources, measuring and impact indicators in order to issue real ‘gender effective policies’.

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

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

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

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.

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.

Emergent authority and expert knowledge: psychiatry and criminal responsibility in the UK.

Science.gov (United States)

Loughnan, Arlie; Ward, Tony

2014-01-01

In the UK context, the rise of the discipline and practice of forensic psychiatry is intimately connected with the concurrent development of principles and practices relating to criminal responsibility. In this article, we seek to chart the relationship between psychiatry and the principles and practices of criminal responsibility in the UK over the early modern, modern and late modern periods. With a focus on claims about authority and expert knowledge around criminal responsibility, we suggest that these claims have been in a state of perpetual negotiation and that, as a result, claims to authority over and knowledge about criminal non-responsibility on the part of psychiatrists and psychiatry are most accurately understood as emergent and contingent. The apparent formalism of legal discourse has tended to conceal the extent to which legal policy has been preoccupied with maintaining the primacy of lay judgments in criminal processes of evaluation and adjudication. While this policy has been somewhat successful in the context of the trial - particularly the murder trial - it has been undermined by administrative procedures surrounding the trial, including those that substitute treatment for punishment without, or in spite of, a formal determination of criminal responsibility. © 2013.

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...

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)

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

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.

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.

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.

The French electricity policy facing European integration and environmental law

International Nuclear Information System (INIS)

Begue, M.C.

2004-02-01

The french electricity policy is traditionally defined by public authorities. The preference for nuclear power implies great risk and severe damage to the environment. These features of french electricity policy are however questioned by the increasing influence of european law and the (relatively) recent recognition of the environmental issues of such policy. This thesis intends to study the consequences of two 'new' tendencies that seem to be inevitable in the field of electricity policy: the decreasing role of national public authorities and the diffusion of the concept of sustainable development. The theoretical model which underlies the organization of commercial exchanges is replacing the traditional intervention of the State. regarding of this basic good. The adoption of legal rules to organize the electricity market has involved the development of many economic instruments. Those instruments aim at modifying the electricity policy in accordance with the principle of integration of environmental dimension in sectoral policies. The main object of our work is to analyse the consequences of these changes in the concept of public utility as well as in the importance given to environmental protection in the new forms of electricity policies. (author)

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

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

A legal institutional perspective on the European Union External Action Service

DEFF Research Database (Denmark)

Van Vooren, Bart

2010-01-01

It is beyond doubt that setting up the European External Action Service will have a deep impact on EU external policy making. Both in legal and policy terms, this new player thoroughly changes the institutional balance in EU external relations. The goal of this paper is to examine the legal side...... of that coin, by exploring the legal and institutional nature and position of the EEAS in the EU’s external relations machinery. To that end, it queries the meaning of the EEAS’ sui generis status in the EU institutional set-up: what does it mean to say that the EEAS is ‘functionally autonomous’ from...

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...

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

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

Information report made on the behalf of the European Affairs Commission on European policy for nuclear safety

International Nuclear Information System (INIS)

Bizet, J.; Sutour, S.

2011-05-01

This report aims at defining some perspectives for the evolution of the European general legal framework for nuclear safety. The authors first outline the difficulty for a European policy to emerge. They explain this statement by the importance of the current policy of national states, of their operators and of their national regulation authorities. They evoke the few elements of this legal framework (EURATOM Treaty, jurisprudence) but outline the strong cooperation between national authorities. Then, they discuss some progresses which have been noticed during the past two years (the 'safety' directive, a proposition for a directive on the management of used fuel and radioactive wastes, and the recent works by WENRA), and discuss the consequences of the accident in Fukushima. Propositions are made, notably concerning the support to the 'waste' directive, the perpetuation of strength tests, the rewriting of the 'safety' directive of June 2009

Green public procurement – legal base and instruments supporting sustainable development in the construction industry in Poland

Directory of Open Access Journals (Sweden)

Kozik Renata

2016-01-01

Full Text Available In the respect of value, public procurement in the construction industry belongs to one of the largest ones in the domestic market. Therefore, green procurement for construction works should become the center of attention of public authorities in a broad sense, due to its scale and importance for the sustainable development. The authorities and contracting entities who spend public money should have the opportunity to apply such legal articles and instruments that allow them to both optimize public expenditures and consider the environmental factor, such as decreasing carbon emission. To make the idea of sustainable development a reality as European Union’s the most vital aim, EU law is implemented in Poland. Local authorities’ duty is to appropriately shape their policies and use the vital instrument of sustainable development, namely green public procurement. This paper presents a comparative analysis of legal regulations to illustrate the actual Polish and EU laws concerning the construction industry. Even though the generally applicable law allows to implement the idea of sustainable development efficiently, local self-government units in their regional policies do not report any need for specific solutions, or they do so only occasionally.

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.

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…

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.

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

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...

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.

Law-based arguments and messages to advocate for later school start time policies in the United States.

Science.gov (United States)

Lee, Clark J; Nolan, Dennis M; Lockley, Steven W; Pattison, Brent

2017-12-01

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how law-based arguments and messages can be constructed and applied to advocate for later school start time policies in US public secondary schools. The legal infrastructure impacting school start time policies in the United States is briefly reviewed, including descriptions of how government regulates education, what legal obligations school officials have concerning their students' welfare, and what laws and public policies currently exist that address adolescent sleep health and safety. On the basis of this legal infrastructure, some hypothetical examples of law-based arguments and messages that could be applied to various types of advocacy activities (eg, litigation, legislative and administrative advocacy, media and public outreach) to promote later school start times are discussed. Particular consideration is given to hypothetical arguments and messages aimed at emphasizing the consistency of later school start time policies with existing child welfare law and practices, legal responsibilities of school officials and governmental authorities, and societal values and norms. Copyright © 2017 National Sleep Foundation. Published by Elsevier Inc. All rights reserved.

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.

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)

The Clean Development Mechanism as a governance problem. Compensate deficits as well as Europe legal and international legal further progress of climate protection regarding to Copenhagen and Cancun; Der Clean Development Mechanism als Governance-Problem. Steuerungsdefizite sowie europarechtliche und voelkerrechtliche Weiterentwicklungen des Klimaschutzes nach Kopenhagen und Cancun

Energy Technology Data Exchange (ETDEWEB)

Ekardt, Felix; Exner, Anne-Katrin [Rostock Univ. (Germany). Forschungsgruppe Nachhaltigkeit und Klimapolitik

2011-04-15

The authors of the contribution analyze the developments in law, legal interpretation issues as well as climate political and development political effects of the Clean Development Mechanism (CDM) as an element of transnational climate change law which is associated with the states and emission trading (ETS). In the basic intention CDM shall achieve a climate-neutral reduction of costs of climate policy at the simultaneous promotion of development political goals where industrial countries may provide their global or European targets of reduction in part by means of measures in emerging or developing countries rather than by means of local climate protection. However, the specific CDM projects prove to be questionable with respect to the climate policy and development policy. This also is related to enforcement problems that represent a variant of the general environment legal problem of the latent 'interest identity of inspectors and controlled persons'. The proposed European legal and the possible international (land use related) developments of the CDM since 2013 and currently in Cancun probably will not change essentially the fundamental but intensify it even more. With all that, at the same time a kind of exemplary governance analysis arises in the context of the ETS by means of one essential part of its aspects - as well as generally in the context to the perspectives of climate policy according to Cancun.

Climate change policy and international trade. Policy considerations in the US

International Nuclear Information System (INIS)

Weber, Christopher L.; Peters, Glen P.

2009-01-01

Significant recent attention, in both research and policy realms, has been given to the intersection of international trade and global climate change. Trade presents challenges to climate policy through carbon leakage and competitiveness concerns, but also potential solutions through the use of cooperative trade agreements, technology transfer, or carbon tariffs against recalcitrant nations. This study examines how trade may affect climate policy in the US and specifically examines the use of carbon tariffs as suggested by recent bills before the US Congress. We argue that even if such actions are legal at the World Trade Organization, they are probably not necessary to protect industrial competitiveness in the traditional sense, could cover only a small proportion of total embodied emissions in trade, and may in fact be counterproductive at a moment when global cooperation is desperately needed. While political agreement may necessitate at least the threat of carbon tariffs, cooperative agreements such as global sectoral agreements, technology sharing, etc. could be more productive in the short term. (author)

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)

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

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.

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)

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.

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…

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...

Legal culture as a factor of social stability

Directory of Open Access Journals (Sweden)

M M Akulich

2015-12-01

Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

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...

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…

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

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)

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.

The Legal Position of Migrants in Denmark: Assessing the Context around the "Cartoon Crisis"

DEFF Research Database (Denmark)

Adamo, Silvia

2007-01-01

Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident. The anal......Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident....... The analysis offered focuses on general principles and practical notions of Danish immigration and refugee law, integration policies and regulations in light of international legal obligations, rules on family reunification, and the growing importance of citizenship status and anti-terrorism measures. Keywords...... Rights of migrants - Immigration Law - Citizenship Law - Integration policies - Denmark...

Contribution of Rostechnadzor in Implementing the State Nuclear Safety Policy

International Nuclear Information System (INIS)

Ferapontov, A.

2016-01-01

The report considers major areas of Rostechnadzor activities on implementation of the state policy in the area of nuclear safety, including actions to be implemented. Ensuring nuclear and radiation safety in the use of atomic energy is one of the most important components of the national security of the Russian Federation. On March 1, 2012, the President of the Russian Federation approved the Basics of State Policy in the Area of Nuclear and Radiation Safety aimed at consistent reduction of risks associated with man-made impact on the public and the environment in using atomic energy, as well as at prevention of emergencies and accidents in nuclear and radiation hazardous facilities. Rostechnadzor is an authorized body for state safety regulation in the use of atomic energy, which implements functions of regulatory and legal control, licensing of various types of activity and federal state supervision of the atomic energy facilities. The activity in the area of regulatory and legal control is implemented in compliance with the Concept of Enhancement of Regulatory and Legal Control of Safety and Standardization in the Area of the Use of Atomic Energy and the Plan of Implementation of this Concept, which envisages the completion of reviewing the regulatory and legal documents by 2023. Corresponding to the Basics of State Policy in the Area of Nuclear and Radiation Safety of the Russian Federation for the Period of 2025, Rostechnadzor successfully implemented the actions of the Federal Target Programme of Nuclear and Radiation Safety up to 2015, creating all conditions for phased reduction of the amounts of nuclear legacy and ensuring radical increase in their level of nuclear and radiation safety. In 2016, Rostechnadzor embarked on implementation of the Federal Target Programme of Nuclear and Radiation Safety up to 2030, with creation of infrastructure facilities for spent fuel and radioactive waste management and definitive response to the challenges of nuclear

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

Directory of Open Access Journals (Sweden)

Dr.Sc. Bojan Tičar

2012-12-01

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

A Legal and Ethical Analysis of the Effects of Triggering Conditions on Surrogate Decision-Making in End-of-Life Care in the US.

Science.gov (United States)

Clint Parker, J; Goldberg, Daniel S

2016-03-01

The central claim of this paper is that American states' use of so-called "triggering conditions" to regulate surrogate decision-making authority in end-of-life care leaves unresolved a number of important ethical and legal considerations regarding the scope of that authority. The paper frames the issue with a case set in a jurisdiction in which surrogate authority to withdraw life-sustaining treatment is triggered by two specific clinical conditions. The case presents a quandary insofar as the clinical facts do not satisfy the triggering conditions, and yet both the appropriate surrogates and the care team agree that withdrawal of life-sustaining treatment is in the best interest of the patient. The paper surveys applicable law across the 50 states and weighs the arguments for and against the inclusion of such triggering conditions in relevant legal regimes. The paper concludes by assessing the various legal and policy options states have for regulating surrogate decision-making authority in light of the moral considerations (including epistemic difficulties), and notes the possibility for conflict within ethics teams arising from the potential tension between prudence, risk-aversion, and moral obligation.

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...

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.

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.

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...

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.

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.

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.

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.

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

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.

BRICS COUNTRIES’ POLITICAL AND LEGAL PARTICIPATION IN THE GLOBAL CLIMATE CHANGE AGENDA

Directory of Open Access Journals (Sweden)

E. Gladun

2016-01-01

Full Text Available The article presents an overview and analysis of international legal regulations on climate change. The authors examine how the international regime related to climate change has evolved in multilateral agreements. A special focus is put on the principle of common but differentiated responsibilities which became the basis of discord among states in discussing targets and responsibilities in climate change mitigation. The authors note that in 2015 the international climate change regime entered a new stage where the most important role is determined for developing countries, both in the legal and in the financial infrastructure, and in the formation of an international climate change policy.The importance of the participation of Brazil, Russia, India, China, and South Africa (BRICS in an international climate change regime has been recognized for some time. The article describes the policy and regulations on climate-related issues in BRICS. The authors compare the key actions and measures BRICS have taken for complying with international climate change documents. They highlight that global climate change action cannot be successful without BRICS countries’ involvement. BRICS must therefore make adequate efforts in emissions reduction measures and significant commitments in respect of the international climate change regime. The authors propose three major steps for BRICS to take the lead in dealing with climate change. First, BRICS need to foster further discussion and cooperation on climate issues and work out an obligatory legal framework to fight climate change collectively as well as unified legislation at their domestic levels. Second, Russia and other BRICS countries have the potential to cooperate in the field of renewable energy through the exchange of technology, investment in the sector, and the participation of their energy companies in each other’s domestic market. Assuming Russia will support the development and enhancement of

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.

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....

Health policy programs realised in Poland in 2016-2017

Science.gov (United States)

Kurowska, Patrycja; Królak, Anna; Giermaziak, Wojciech

2018-01-01

Health Policy Program (Program Polityki Zdrowotnej – PPZ) is a state policy tool for engaging local government units into the mechanism of granting provision of health services. Authors show areas in which self-governments most often took preventive health care actions and describe legislative changes in the Act on provision of health services. The aim of the article is to quantitative and qualitative statement of PPZ prepared in Poland in 2016 and 2017, as well as presenting changing legal situation in the scope of evaluation of these projects. Authors use descriptive method, presenting changes of legal status. The article includes data available in the Bulletin of Public Information by The Agency for Health Technology Assessment. 590 programs were analyzed (239 from 2016 and 351 from 2017). In 2016 – 67% of submitted programs were given a positive opinion and in 2017 – 71%. The most of positively evaluated PPZ submitted by local government units (53% in 2016; 47% in 2017) referred to prevention of infectious diseases by vaccines. On the basis of analyses conducted, significant differences were observed in the implementation of the PPZ in various regions of Poland. In the recent years a big improvement in the quality of planned self-government health programs is observed. It is suggested that due to the regulation defining the model of the health policy program and the model of the final report, this trend will continue.

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...

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

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.

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.

SOCIO-ECONOMIC AND LEGAL ASPECTS OF ENVIRONMENTAL CRIME IN UKRAINE

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Tamara Hubanova

2017-12-01

Full Text Available The increased danger of environmental crime is primarily determined by an increase in anthropogenic pressure on the natural environment, which, in the conditions of the global environmental crisis, threatens to cause significant, often non-renewable, damage to the vital interests of man, society, and the state. Ukraine belongs to the countries with the worst ecological situation. Pollution of the environment reached unprecedented levels in recent years. The purpose of the study is to reveal the essence and causes of environmental crime in Ukraine, socioeconomic aspects of the identified phenomenon, analyse the impact of negative consequences of environmental crime on the Ukrainian economy, as well as study legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues. The subject of the study is the socio-economic and legal aspects of environmental crime in Ukraine. Methodology. In order to achieve the goal, the authors of the study carried out an analysis of the definition of the system of environmental crimes in the scientific literature, various statistical data on the state of the ecological situation and crime in Ukraine, as well as laws and regulations defining the national environmental policy of Ukraine. As a result of the study, the essence and causes of environmental crime in Ukraine are highlighted, socio-economic aspects of the phenomenon, the impact of negative consequences of environmental crime on the Ukrainian economy, and legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues are revealed. Value/originality. The raised issues repeatedly attracted the attention of many researchers; in the scientific literature, various aspects of environmental crime were given attention in the works of famous scholars in the field of criminal and environmental law, experts in the field of economics of natural resources. However, the

Disciplinary and Legal Actions Against Dermatologists in Canada.

Science.gov (United States)

Nasseri, Eiman

2016-01-01

Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.

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

Legal Opportunities for Public Participation in Forest Management in the Republic of Korea

Directory of Open Access Journals (Sweden)

Mi Sun Park

2016-04-01

Full Text Available Participation by multiple actors has been emphasized in managing state forests to meet various demands on forests within a global society. Public participation was also suggested as an approach to sustainable forest management. This paper aims to investigate the legal opportunities of public participation in managing state forests in the case of the Republic of Korea (ROK. Relevant legal and policy documents were selected for content analysis and were analyzed with the levels of participation. Litigation regarding state forest conflicts was analyzed. The ROK legal system includes multiple levels of participation in managing state forests: information sharing, consultation, collaborative decision-making, and implementation. The research results indicate that various stakeholders need legal opportunities to participate in the formation and implementation of policies for the management of state forests. Regulatory enforcement is required for guaranteeing environmental rights—access to information, participation in decision-making, and standing in court. Based on research results, this paper provides us with legal insights on promoting public participation in managing state forests.

Concept Of The Legal System Analysis

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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.

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)

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

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

New Economic Policy As A Period In The History Of The Domestic State And Law

Directory of Open Access Journals (Sweden)

Valeriy V. Burdanov

2014-12-01

Full Text Available In the present article the importance of the Soviet period studying in the context of historical and legal science is explained. The legal nature of the new economic policy and regulatory frameworks of it’s principles implement are analyzed. It is noted that today, obviously, not enough attention is paid to the development of cooperation and yet in our history there are examples of its true heyday, and NEP is an excellent example. Author draws attention to the normative legal acts, devoted to the development of economy during the NEP. In the article a strong correlation of economy with law is shown. Enacted legal acts, which were aimed on the establishment of the legal system in the young Soviet State, were determined by economic factors and their dynamics, but were developed and adopted with the account to the political situation. It is concluded that the New Economic Policy was a course taken forcedly. In this capacity it took shape gradually during the 1921 - 1922 years, what found reflected in decisions of highest Soviet ordinances and resolutions of party congresses, as well as adopted in this period regulations. Denial from the emergency legislation of the "war communism" period made a more flexible policy possible in the NEP period, both in the economy and in other spheres of state and public life. Rejection of emergency measures allowed to start work on the development of law as a regulator of new social relations. During the NEP period an extensive work on the Soviet legislation codification was conducted.

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

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.

From Toques to Tokes: Two challenges facing nationwide legalization of cannabis in Canada.

Science.gov (United States)

Bear, Daniel

2017-04-01

In 2015, a new Liberal Government came to power in Canada, elected on a platform that included legalization and regulation of cannabis for recreational purposes. Their legislation, based on recommendations from a Federal Task Force on Marijuana Legalization and Regulation, is due in early April 2017. This commentary utilizes Canadian Federal policy papers, previous literature, and internal and international agreements to examine two key areas critical to the development of a nationwide regulated market for cannabis in Canada; the need to overcome restrictions to legalizing cannabis in United Nations' drug control treaties, and the unique challenges that non-medical cannabis creates for navigating interprovincial trade policies in Canada. Irrespective of UN conventions that appear to prohibit legalization of cannabis the Government is preparing to bring forward legislation as this article goes to print. At the same time significant squabbles impede the selling of even beer and wine inter-provincially in Canada. This paper identifies the challenges facing Canadian legalization efforts, but also shows how the legalization legislation may provide opportunities to engender significant change beyond the simple legalization of a specific drug. This commentary does not argue for any specific course of action for Canada, but rather explores the nuance of legalization absent from the declaration in the Liberal party platform. The paper argues that Canada's efforts may hasten the dismantling of the UN drug control structure, and provide renewed opportunities for intern-provincial trade in Canada. Copyright © 2017 Elsevier B.V. All rights reserved.

The choices judges make - Court rulings, personal values, and legal constraints

NARCIS (Netherlands)

van Hees, M.V.B.P.M; Steunenberg, B.

In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

The Choices Judges Make: Court Rulings, Personal Values, and Legal Constraints

NARCIS (Netherlands)

Van Hees, Martin; Steunenberg, Bernard

2000-01-01

In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

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)

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.

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.

To the Question of Legal Regulation in Conditions of Information Technologies Development

Directory of Open Access Journals (Sweden)

Alexander A. Galushkin

2014-12-01

Full Text Available In the present article author analyzes questions of legal regulation of the new public relations which appeared in connection with development and a wide circulation of new information and information and communication technologies. In article author carries out the analysis of questions of cyberwars and cyberespionage, opinions of the Russian and foreign scientists are analyzed. In the conclusion author draws a conclusion that emergence of new technologies and their active distribution in society generates a set of the legal problems needing to development of adequate legal decisions.

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.

A Legal Reasoning Component of a Network Security Command and Control System

Science.gov (United States)

2010-03-01

United States Code VA Vulnerability Assessment VLC Virtual Legal Cell xv ACKNOWLEDGMENTS The authors would like to humbly thank Professor Bret...cyberspace environment. In this thesis, the authors address the information warrior’s challenge of obtaining just-in-time legal advice. They...PROPOSED VIRTUAL DYNAMIC LEGAL CELL One of the challenges in cyberspace is to define and detect a hostile act or the use of force. Another major

Integrating research, legal technical assistance, and advocacy to inform shared use legislation in Mississippi.

Science.gov (United States)

Spengler, John O; Frost, Natasha R; Bryant, Katherine K

2014-01-01

The purpose of this article was to describe the process by which research findings informed the successful passage of legislation designed to increase opportunities for physical activity in Mississippi, and discuss implications and lessons learned from this process. The article is descriptive and conceptual, and addresses the collaborative process by which research, legal technical assistance, and advocacy informed and shaped shared use legislation in Mississippi. Collaborators informing this article were an Active Living Research grantee, a staff attorney with the Public Health Law Center, the American Heart Association Mississippi Government Relations Director, and community partners. The American Heart Association and Public Health Law Center developed policy guidance in the form of sample language for legislation as a starting point for states in determining policy needed to eliminate or reduce barriers to the shared use of school recreational facilities. The policy guidance was informed by evidence from Active Living Research-funded research studies. The American Heart Association, supporting a bill shaped by the policy guidance, led the effort to advocate for successful shared use legislation in Mississippi. Research should be policy relevant and properly translated and disseminated. Legal technical assistance should involve collaboration with both researchers and advocates so that policymakers have the information to make evidence-based decisions. Government relations directors should collaborate with legal technical staff to obtain and understand policy guidance relevant to their advocacy efforts. Effective collaborations, with an evidence-based approach, can lead to informed, successful policy change.

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.

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.

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

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

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.

#MeToo? Legal Discourse and Everyday Responses to Sexual Violence

Directory of Open Access Journals (Sweden)

Alison Gash

2018-05-01

Full Text Available Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.

Lessons learned after three years of legalized, recreational marijuana: The Colorado experience.

Science.gov (United States)

Ghosh, Tista S; Vigil, Daniel I; Maffey, Ali; Tolliver, Rickey; Van Dyke, Mike; Kattari, Leonardo; Krug, Heather; Reed, Jack K; Wolk, Larry

2017-11-01

In November 2012 Colorado voters approved legalized recreational marijuana. On January 1, 2014 Colorado became the first state to allow legal sales of non-medical marijuana for adults over the age of 21. Since that time, the state has been monitoring potential impacts on population health. In this paper we present lessons learned in the first three years following legal sales of recreational marijuana. These lessons pertain to health behaviors and health outcomes, as well as to health policy issues. Our intent is to share these lessons with other states as they face the prospect of recreational marijuana legalization. Copyright © 2017 Elsevier Inc. All rights reserved.

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

Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

Science.gov (United States)

Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

2017-01-28

As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

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.

Public opinion and medical cannabis policies: examining the role of underlying beliefs and national medical cannabis policies

OpenAIRE

Sznitman, Sharon R.; Bretteville-Jensen, Anne Line

2015-01-01

Background Debate about medical cannabis legalization are typically informed by three beliefs: (1) cannabis has medical effects, (2) medical cannabis is addictive and (3) medical cannabis legalization leads to increased used of cannabis for recreational purposes (spillover effects). We examined how strongly these beliefs are associated with public support for medical cannabis legalization and whether this association differs across divergent medical cannabis policy regimes. Methods Robust reg...

Impacts of Changing Marijuana Policies on Alcohol Use in the United States

Science.gov (United States)

Guttmannova, Katarina; Lee, Christine M.; Kilmer, Jason R.; Fleming, Charles B.; Rhew, Isaac C.; Kosterman, Rick; Larimer, Mary E.

2015-01-01

Background Marijuana policies are rapidly evolving. In the United States, recreational use of marijuana is now legal in four states and medical marijuana is legal in 23 states. Research evaluating such policies has focused primarily on how policies affect issues of price, access to, use, and consequences of marijuana. Due to potential spillover effects, researchers also need to examine how marijuana policies may impact use and consequences of alcohol. Methods The current paper is a critical review of articles evaluating alcohol outcomes associated with marijuana decriminalization, medical marijuana legalization, and non-medical or recreational marijuana legalization. We identified articles and reports through (1) online searches of EBSCO host database including Academic search premier, Econlit, Legal collection, Medline, Psych articles, and PsycINFO, as well as PubMed and Google Scholar databases; (2) review of additional articles cited in papers identified through electronic searches; and (3) targeted searches of state and local government records regarding marijuana law implementation. We reviewed studies with respect to their data sources and sample characteristics, methodology, and the margin of alcohol and marijuana use, timing of policy change, and the aspects of laws examined. Results The extant literature provides some evidence for both substitution (i.e., more liberal marijuana policies related to less alcohol use as marijuana becomes a substitute) and complementary (i.e., more liberal marijuana policies related to increases in both marijuana and alcohol use) relationships in the context of liberalization of marijuana policies in the United States. Conclusions Impact of more liberal marijuana policies on alcohol use is complex, and likely depends on specific aspects of policy implementation, including how long the policy has been in place. Further, evaluation of marijuana policy effects on alcohol use may be sensitive to the age group studied and the

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...

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 ...

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.

Financial Management: DoD Process for Reporting Contingent Legal Liabilities

National Research Council Canada - National Science Library

Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

2006-01-01

.... The report is intended to convey systemic concerns across DoD and to provide DoD management and legal counsel the basis for developing policies and procedures for reporting and disclosing contingent...

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

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.

Legal Drugs Are Good Drugs And Illegal Drugs Are Bad Drugs

Directory of Open Access Journals (Sweden)

Dina Indrati

2011-07-01

Full Text Available ABSTRACT : Labelling drugs are important issue nowadays in a modern society. Although it is generally believed that legal drugs are good drugs and illegal drugs are bad drugs, it is evident that some people do not aware about the side effects of drugs used. Therefore, a key contention of this philosophical essay is that explores harms minimisation policy, discuss whether legal drugs are good drugs and illegal drugs are bad drugs and explores relation of drugs misuse in a psychiatric nursing setting and dual diagnosis.Key words: Legal, good drugs, illegal, bad drugs.

The emerging public discourse on state legalization of marijuana for recreational use in the US: Analysis of news media coverage, 2010-2014.

Science.gov (United States)

McGinty, Emma E; Samples, Hillary; Bandara, Sachini N; Saloner, Brendan; Bachhuber, Marcus A; Barry, Colleen L

2016-09-01

US states have begun to legalize marijuana for recreational use. In the absence of clear scientific evidence regarding the likely public health consequences of legalization, it is important to understand how the risks and benefits of this policy are being discussed in the national dialogue. To assess the public discourse on recreational marijuana policy, we assessed the volume and content of US news media coverage of the topic. We analyzed the content of a 20% random sample of news stories published/aired in high circulation/viewership print, television, and Internet news sources from 2010 to 2014 (N=610). News media coverage of recreational marijuana policy was heavily concentrated in news outlets from the four states (AK, CO, OR, WA) and DC that legalized marijuana for recreational use during the study period. Overall, 53% of news stories mentioned pro-legalization arguments and 47% mentioned anti-legalization arguments. The most frequent pro-legalization arguments posited that legalization would reduce criminal justice involvement/costs (20% of news stories) and increase tax revenue (19%). Anti-legalization arguments centered on adverse public health consequences, such as detriments to youth health and well-being (22%) and marijuana-impaired driving (6%). Some evidence-informed public health regulatory options, like marketing and packaging restrictions, were mentioned in 5% of news stories or fewer. As additional states continue to debate legalization of marijuana for recreational use, it is critical for the public health community to develop communication strategies that accurately convey the rapidly evolving research evidence regarding recreational marijuana policy. Copyright © 2016 Elsevier Inc. All rights reserved.

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

Photovoltaic commercialization: an analysis of legal issues affecting a government-accelerated solar industry

Energy Technology Data Exchange (ETDEWEB)

Lamm, D.

1980-06-01

The Photovoltaics Research, Development, and Demonstration Act of 1978 is discussed. Legal issues, including solar access, the need for performance standards, the effects of building codes on photovoltaic system use and commercialization, and manufacturer and installer performance guarantees, are examined. Electric utility policies are examined, including interconnection, and rates and legal issues affecting them. (LEW)

Quantifying the impact of legal culture and institution on carbon emissions

Science.gov (United States)

Li, Q.; Wang, B.; Yu, C.; Deng, H.; Cai, W.; Wang, C.

2015-12-01

Anthropogenic carbon emissions has been believed to trigger more than half of the global warming over the past half a century. Climate change analysis based on human activities should not neglect the driving force of human society. Different countries or regions have different legal culture traditions and legal systems that can greatly influence regional carbon emissions. This will lead to differences in implementation way and implementation intensity of the law and policies. Without understanding the social and legal background, it is not enough to understand how the climate change rules work and what the effects enforce. Using the panel data of 71 countries from 1996-2010, this study analyzes the effects of macro channels influencing mitigation policies, which contains rules and regulations including value, religion, genealogy of law, public participation, regulatory, government effectiveness, corruption, rule of law, etc. The results show that the interaction between legal variables and economic variables is very important for carbon emissions reduction. The law affects the carbon emissions by adjusting the economic and other related variables, and vice verse, economic and other variables will also impact the level of the rule of law. The study also reveals that developing national economy is most countries' urgent current task, and there are not sound strategies or strong enforcement to guarantee the achievement of the emissions reduction commitment. It is not enough to make justice dominant by cultivating a fair attitude. Practical measures and institutional means for social justice must be promoted. These results will give insight to policy makers in creating feasible and practical climate polices.

Legal, economic and cultural aspects of file sharing

NARCIS (Netherlands)

van Eijk, N.; Poort, J.P.; Rutten, P.

2010-01-01

This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the

Techniques for analyzing the impacts of certain electric-utility ratemaking and regulatory-policy concepts. Regulatory laws and policies. [State by state

Energy Technology Data Exchange (ETDEWEB)

None

1980-08-01

This report is a legal study prepared to provide a review of the substantive and procedural laws of each regulatory jurisdiction that may affect implementation of the PURPA standards, and to summarize the current state of consideration and implementation of policies and rate designs similar or identical to the PURPA standards by state regulatory agencies and nonregulated utilities. This report is divided into three sections. The first section, the Introduction, summarizes the standards promulgated by PURPA and the results of the legal study. The second section, State Regulatory Law and Procedure, summarizes for each state or other ratemaking jurisdiction: (1) general constitutional and statutory provisions affecting utility rates and conditions of service; (2) specific laws or decisions affecting policy or rate design issues covered by PURPA standards; and (3) statutes and decisions governing administrative procedures, including judicial review. A chart showing actions taken on the policy and rate design issues addressed by PURPA is also included for each jurisdiction, and citations to relevant authorities are presented for each standard. State statutes or decisions that specifically define a state standard similar or identical to a PURPA standard, or that refer to one of the three PURPA objectives, are noted. The third section, Nonregulated Electric Utilities, summarizes information available on nonregulated utilities, i.e., publicly or cooperatively owned utilities which are specifically exempted from state regulation by state law.

Radioactive waste: institutional determinants of management and disposal policy in three European countries

International Nuclear Information System (INIS)

Berkhout, Frans.

1989-01-01

The objective of this thesis has been to write a detailed historical account of the policy and practice of radioactive waste management in Britain, Sweden and West Germany, and to draw out implications for theory and public policy. By comparing the evolution of the policy process in three countries it has been possible to develop a better understanding of the particular operational, regulatory and political factors determining policy in each case. The main conclusions are three-fold. First, the presence or absence of commitments to the reprocessing of spent fuel for a wide range of strategic, industrial and legal reasons have been critical to the success in finding an acceptable radwaste management and disposal policy (or strategy). Politically it is not possible to make a clear distinction between radwaste management and policy for the rest of the back-end of the nuclear fuel cycle. Second, because of this complex but intimate relationship to reprocessing policy, the dynamism and consistency of radwaste policies are highly dependent on the industrial and political contexts of the drive to reprocessing. Traditionally a view on reprocessing has been virtually synonymous with a faith or scepticism in the future of nuclear power. Third, the policy process, and indeed its goals was rather unique to national circumstances (the legal and institutional framework, industrial and political structures). This demonstrates one of the principle arguments of the thesis which is that the innovation process for radwaste management and disposal technologies cannot be seen merely as a technical process, but has to be seen as a process of political and institutional negotiations. (author)

Evaluating the public health impacts of legalizing recreational cannabis use in the United States.

Science.gov (United States)

Hall, Wayne; Lynskey, Michael

2016-10-01

Since 2012 four US states have legalized the retail sale of cannabis for recreational use by adults, and more are likely to follow. This report aimed to (1) briefly describe the regulatory regimes so far implemented; (2) outline their plausible effects on cannabis use and cannabis-related harm; and (3) suggest what research is needed to evaluate the public health impact of these policy changes. We reviewed the drug policy literature to identify: (1) plausible effects of legalizing adult recreational use on cannabis price and availability; (2) factors that may increase or limit these effects; (3) pointers from studies of the effects of legalizing medical cannabis use; and (4) indicators of cannabis use and cannabis-related harm that can be monitored to assess the effects of these policy changes. Legalization of recreational use will probably increase use in the long term, but the magnitude and timing of any increase is uncertain. It will be critical to monitor: cannabis use in household and high school surveys; cannabis sales; the number of cannabis plants legally produced; and the tetrahydrocannabinol (THC) content of cannabis. Indicators of cannabis-related harms that should be monitored include: car crash fatalities and injuries; emergency department presentations; presentations to addiction treatment services; and the prevalence of regular cannabis use among young people in mental health services and the criminal justice system. Plausible effects of legalizing recreational cannabis use in the United States include substantially reducing the price of cannabis and increasing heavy use and some types of cannabis-related harm among existing users. In the longer term it may also increase the number of new users. © 2016 Society for the Study of Addiction.

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

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...

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)

Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.

Science.gov (United States)

Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

2018-01-01

Non-therapeutic body modification interventions are permitted within the limits of the use of one's own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications

Science.gov (United States)

Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

2018-01-01

Abstract Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. Results In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. Conclusion If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors. PMID:29675481

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…

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...

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.

Informed consent and the law--an English legal perspective.

Science.gov (United States)

Hassan, Majid

2008-01-01

'Informed consent' is a widely used term, but its application in a legal perspective can be varied. American and Commonwealth jurisdictions have developed a 'patient-based' true informed consent approach, whereas in the English legal system a 'doctor-based' approach has traditionally been applied in relation to disclosure of risk. This article will seek to compare these approaches and give a brief overview of some of the key legal rulings which have shaped the requirement of consent. The decision in the English case of Chester vs. Afshar is considered as showing the significance the court attached to the principle of autonomy and using ethical and policy considerations to depart from established principles of English law relating to consent to treatment and disclosure of risk. This review is intended as general information and not as legal advice which should be sought from defence organisation and specialist health care lawyers. Copyright 2008 S. Karger AG, Basel.

Legal Considerations for Health Care Practitioners After Superstorm Sandy.

Science.gov (United States)

Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

2016-06-01

During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524).

A Study on the Information Analysis and Legal Affairs

International Nuclear Information System (INIS)

Chung, W. S.; Yang, M. H.; Yun, S. W.; Lee, D. S.; Kim, H. R.; Noh, B. C.

2009-02-01

It is followed that results and contents of a Study on the Nuclear Information Analyses and Legal Affairs. Our team makes an effort to secure KAERI's best legal interest in the process of enacting nuclear laws and codes, international collaborative study, and management. Moreover, as a international trend analysis, we studied Japan government's position to nuclear energy under the aspect of reducing climate change and supplying sustainable energy. Improvement of Japan's radiation use showed increasing contribution of radiation technology to the people. Results of studies of nuclear policy of Kazakhstan, forecasting global trend in 2030 of Nuclear area, and new U.S. government's policy to nuclear energy are also explained. Lastly, we performed evaluation of source of electric generator which reduce emitting carbon dioxide in the aspect of greenhouse gas emission statistic and tested green gas reducing ability of Korea's green source of electric generator that reducing greenhouse gas effect

Bridging legal and economic perspectives on interstate municipal solid waste disposal in the US

International Nuclear Information System (INIS)

Longo, Christine; Wagner, Jeffrey

2011-01-01

Research highlights: → Legal and economic opinions of free interstate trade of MSW in the US are reviewed. → Economic theory of landfill space as the article of commerce can align opinions. → Waste management policies implied by this economic theory are compared/contrasted. - Abstract: Managing municipal solid waste (MSW) within and across regions is a complex public policy problem. One challenge regards conceptualizing precisely what commodity is to be managed across space and time. The US Supreme Court view is that waste disposal is the article of commerce per se. Some justices, however, have argued that while waste disposal is the article of commerce, its interstate flow could be impeded by states on the grounds that they have the authority to regulate natural resource quality within their boundaries. The argument in this paper is that adopting the economic theory view of the article of commerce as landfill space brings the majority and dissenting US Supreme Court views-and the resulting sides of the public policy dispute-into closer alignment. We discuss waste management policy tools that emerge from this closer alignment that are more likely to both withstand judicial scrutiny and achieve economic efficiency.

The principle(s) of co-existence in Europe: Social, economic and legal avenues

NARCIS (Netherlands)

Purnhagen, K.; Wesseler, J.H.H.

2015-01-01

The European policy of coexistence follows a number of well-established social, economic and legal principles. Applying these principles in practice has resulted in a complex “rag rug” of coexistence policies in Europe. This rag rug makes enforcement of these principles difficult, at times even

Health: Policy or Law? A Population-Based Analysis of the Supreme Court's ACA Cases.

Science.gov (United States)

Parmet, Wendy E

2016-12-01

This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell , the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future. Copyright © 2016 by Duke University Press.

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.

Legal Aspects of Teaching Music Students with Disabilities

Science.gov (United States)

Crockett, Jean B.

2017-01-01

The public education of students with disabilities in the United States is governed by federal policies that promote school improvement, protect students from discrimination, and provide those who need it with special education and related services to meet their individual needs. This article explains the legal aspects of teaching students with…

Legal provisions governing the acknowledgment of test results

International Nuclear Information System (INIS)

Strecker, A.

1982-01-01

The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de

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.

Regulatory risks associated with nuclear safety legislation after Fukushima Daiichi Nuclear Accident in Japan. Focus on legal structure of the nuclear reactor regulation act

International Nuclear Information System (INIS)

Tanabe, Tomoyuki; Maruyama, Masahiro

2016-01-01

Nuclear safety regulations enforced after Fukushima Daiichi Nuclear Accident under the Nuclear Reactor Regulation Act face the following regulatory problems that involve potential risk factors for nuclear businesses; 1) 'entity based regulation' unable to cope with business cessation or bankruptcy of the entity subject of regulation, 2) potential risk of the Nuclear Regulation Authority's inappropriate involvement in nuclear industry policy beyond their duty, and 3) compliance of backfits under vague regulations. In order to alleviate them, this report, through analyzing these regulatory problems from the view point of sound development of the nuclear industry, proposes the following regulatory reforms; (1) To clarify the rule for industry policy in nuclear regulations and enable the authority, Ministry of Economy, Trade and Industry, to choose most appropriate industrial policy measure. (2) Through establishing safety goals as measures to promote continuous improvement of nuclear safety regulations, to stimulate timely adjustments of the regulations, and to introduce a legal mechanism into the nuclear regulation systems under which validity of administrative law and its application can be checked. (author)

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)

The legal status of sustainable development in the Nigerian ...

African Journals Online (AJOL)

Sustainable development underpins environmental governance in all jurisdictions, but its legal status is still controversial. The major problem which Nigerian courts and policy-makers will continue to face when implementing and enforcing sustainable development in environmental governance is whether it is a moral or ...

Toward Effective Water Pipe Tobacco Control Policy in the United States: Synthesis of Federal, State, and Local Policy Texts.

Science.gov (United States)

Colditz, Jason B; Ton, Jessica N; James, A Everette; Primack, Brian A

2017-07-01

Water pipe tobacco smoking (WTS) is growing in popularity among U.S. young adults and is associated with health risks similar to those of cigarette smoking. The purpose of this study is to examine existing tobacco control policies (TCPs) in order to investigate how they engage WTS. A systematic synthesis of content and legal interactions among federal, state, and local TCP documents. Pennsylvania, which represents a politically and demographically diverse microcosm of the United States. No human subjects. Federal and state TCPs were retrieved via public legal repositories. Local policy searches were conducted via county/municipal Web sites, inclusive of 13 localities that had autonomous health departments or existing TCPs based on a National Cancer Institute report. Full-text TCPs were double coded within a grounded theory framework for health policy analysis. Emergent codes were used to compare and contrast policy texts and to examine legal interactions among TCPs. Examination of policy categories including youth access, use restrictions, and taxation revealed WTS as largely omitted from current TCPs. WTS was sometimes addressed as an "other" tobacco product under older TCPs, though ambiguities in language led to questionable enforceability. State preemptions have rolled back or prevented well-tailored reforms at the local level. Federal preemptions have likewise constrained state TCPs. Outdated, preempted, and unclear policies limit the extent to which TCPs engage WTS. Health advocates might target these aspects of TCP reform.

Abstract legal effect of juridical acts in European and Serbian law

Directory of Open Access Journals (Sweden)

Dudaš Atila

2012-01-01

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

Legal and judicial perspectives on the disposal of high-level nuclear waste

International Nuclear Information System (INIS)

Muntzing, L.M.

1985-01-01

Nuclear Waste Policy Act of 1982 creates a maze of legal requirements that are complex and subject to differing interpretations. The intervention of the courts should be anticipated as varying interests dispute the correct path through the maze to high-level waste disposal. A significant number of legal issues and unsettled questions exist that will need to be resolved. The challenge will be to minimize the delays that legal conflicts can produce. This can be helped by resolving uncertainties and conflicts early before they are on the critical path or negotiating resolutions, normally a difficult and costly endeavor

Improving biomedical journals' ethical policies: the case of research misconduct.

Science.gov (United States)

Bosch, Xavier

2014-09-01

Scientific journals may incur scientific error if articles are tainted by research misconduct. While some journals' ethical policies, especially those on conflicts of interest, have improved over recent years, with some adopting a uniform approach, only around half of biomedical journals, principally those with higher impact factors, currently have formal misconduct policies, mainly for handling allegations. Worryingly, since a response to allegations would reasonably require an a priori definition, far fewer journals have publicly available definitions of misconduct. While some journals and editors' associations have taken significant steps to prevent and detect misconduct and respond to allegations, the content, visibility of and access to these policies varies considerably. In addition, while the lack of misconduct policies may prompt and maintain a de novo approach for journals, potentially causing stress, publication delays and even legal disputes, the lack of uniformity may be a matter of contention for research stakeholders such as editors, authors and their institutions, and publishers. Although each case may need an individual approach, I argue that posting highly visible, readily accessible, comprehensive, consistent misconduct policies could prevent the publication of fraudulent papers, increase the number of retractions of already published papers and, perhaps, reduce research misconduct. Although legally problematic, a concerted approach, with sharing of information between editors, which is clearly explained in journal websites, could also help. Ideally, journals, editors' associations, and publishers should seek consistency and homogenise misconduct policies to maintain public confidence in the integrity of biomedical research publications. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

European Union and diaspora engagement policy within changing realities

Directory of Open Access Journals (Sweden)

Violina MARDARI

2017-10-01

Full Text Available The article presents an analysis of the European Union and diaspora engagement policy within changing realities. The author focuses on the main research question concerning how the new, uncontrolled migration flows may influence the approach on diaspora engagement policy within member states. This process could have positive as well as negative implications for the Community space even if the EU attempts to develop a new legal framework on migration. The interdisciplinary approach and methods as empirical analysis, comparison and observation on some good practices and new issues gave the possibility to estimate the results of how changing diaspora role perception reduces the gap between different migrants in the EU and improves the diaspora engagement dialogue on institutional and civil society level.

Aspects of dento/medico-legal report writing.

Science.gov (United States)

Wood, Geoff D

2014-03-01

This paper offers some guidance on aspects of dento/medico-legal report writing, citing anonymized examples from the author's caseload for clarification of the points made, and also serves to illustrate that sometimes not everything is as straightforward as it may initially appear. It provides reference to the current Civil Procedure Rules in England and Wales and its relevance in report writing. To provide guidance on aspects of dento/medico-legal report writing.

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.

Shared Electronic Health Record Systems: Key Legal and Security Challenges.

Science.gov (United States)

Christiansen, Ellen K; Skipenes, Eva; Hausken, Marie F; Skeie, Svein; Østbye, Truls; Iversen, Marjolein M

2017-11-01

Use of shared electronic health records opens a whole range of new possibilities for flexible and fruitful cooperation among health personnel in different health institutions, to the benefit of the patients. There are, however, unsolved legal and security challenges. The overall aim of this article is to highlight legal and security challenges that should be considered before using shared electronic cooperation platforms and health record systems to avoid legal and security "surprises" subsequent to the implementation. Practical lessons learned from the use of a web-based ulcer record system involving patients, community nurses, GPs, and hospital nurses and doctors in specialist health care are used to illustrate challenges we faced. Discussion of possible legal and security challenges is critical for successful implementation of shared electronic collaboration systems. Key challenges include (1) allocation of responsibility, (2) documentation routines, (3) and integrated or federated access control. We discuss and suggest how challenges of legal and security aspects can be handled. This discussion may be useful for both current and future users, as well as policy makers.

Legal problems of nuclear fuel reprocessing

International Nuclear Information System (INIS)

Rossnagel, A.

1987-01-01

The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

[Medical data security in medico-legal opinioning].

Science.gov (United States)

Susło, Robert; Swiatek, Barbara

2005-01-01

Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

Legal and institutional foundations of adaptive environmental governance

Directory of Open Access Journals (Sweden)

Daniel A. DeCaro

2017-03-01

Full Text Available 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.

Liberal coercion? Prostitution, human trafficking and policy

OpenAIRE

Cho, Seo-young

2013-01-01

Liberal prostitution policy aims at improving labour conditions for prostitutes and protecting victims of forced prostitution. Its policy orientation predicts that the policy choice of liberalizing prostitution is positively associated with better protection policy for trafficking victims and enhanced anti-trafficking measures. In this paper, I investigate empirically whether the legalization of prostitution improves protection policy for victims, as it is presumed. The results of my analysis...

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.

Shall we marry? Legal marriage as a commitment event in same-sex relationships.

Science.gov (United States)

Schecter, Ellen; Tracy, Allison J; Page, Konjit V; Luong, Gloria

2008-01-01

This study is a part of an exploratory study of 50 married and unmarried same-sex couples in Massachusetts conducted by the Wellesley Centers for Women following legalization of same-sex marriage in Massachusetts in 2004. This article examines whether and how legalization of same-sex marriage impacted same-sex partners' commitment to one another, presentation to others as a couple, and treatment as a couple by others. Roughly one-quarter of the couples studied chose not to mark their commitment with ceremonies of any kind, while nearly three-fourths of the couples had either commitment (non-legal) ceremonies, legal weddings, or both. While decisions to legally marry largely were based on gaining legal protections, unforeseen impacts on self and relationships with family, friends, and the larger society revealed multiple layers of meaning. Implications of the study for public policy and social change are discussed.

Domestic violence: legal issues for health care practitioners and institutions.

Science.gov (United States)

Hyman, A

1996-01-01

If health care practitioners and institutions became familiar with legal options available to survivors of domestic violence, they could better facilitate their patients' access to potentially life-saving recourses. Such options include calling the police and obtaining civil protection orders and bringing custody, divorce, and support actions. Provider awareness of legal obligations and other legal considerations that arise when handling domestic violence cases is important for patient care and the practice of good risk management. Examples of such issues include domestic violence protocol requirements, documentation of abuse, and repercussions of mandatory reporting laws. Health care providers should work in collaboration with community domestic violence programs in educating staff on issues pertaining to domestic violence and in crafting policies that promote patient safety and autonomy.

Balancing economic freedom against social policy principles: EC competition law and national health systems.

Science.gov (United States)

Mossialos, Elias; Lear, Julia

2012-07-01

EU Health policy exemplifies the philosophical tension between EC economic freedoms and social policy. EC competition law, like other internal market rules, could restrict national health policy options despite the subsidiarity principle. In particular, European health system reforms that incorporate elements of market competition may trigger the application of competition rules if non-economic gains in consumer welfare are not adequately accounted for. This article defines the policy and legal parameters of the debate between competition law and health policy. Using a sample of cases it analyses how the ECJ, national courts, and National Competition Authorities have applied competition laws to the health services sector in different circumstances and in different ways. It concludes by considering the implications of the convergence of recent trends in competition law enforcement and health system market reforms. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

European Council of Legal Medicine (ECLM) accreditation of forensic pathology services in Europe.

Science.gov (United States)

Mangin, P; Bonbled, F; Väli, M; Luna, A; Bajanowski, T; Hougen, H P; Ludes, B; Ferrara, D; Cusack, D; Keller, E; Vieira, N

2015-03-01

Forensic experts play a major role in the legal process as they offer professional expert opinion and evidence within the criminal justice system adjudicating on the innocence or alleged guilt of an accused person. In this respect, medico-legal examination is an essential part of the investigation process, determining in a scientific way the cause(s) and manner of unexpected and/or unnatural death or bringing clinical evidence in case of physical, psychological, or sexual abuse in living people. From a legal perspective, these types of investigation must meet international standards, i.e., it should be independent, effective, and prompt. Ideally, the investigations should be conducted by board-certified experts in forensic medicine, endowed with a solid experience in this field, without any hierarchical relationship with the prosecuting authorities and having access to appropriate facilities in order to provide forensic reports of high quality. In this respect, there is a need for any private or public national or international authority including non-governmental organizations seeking experts qualified in forensic medicine to have at disposal a list of specialists working in accordance with high standards of professional performance within forensic pathology services that have been successfully submitted to an official accreditation/certification process using valid and acceptable criteria. To reach this goal, the National Association of Medical Examiners (NAME) has elaborated an accreditation/certification checklist which should be served as decision-making support to assist inspectors appointed to evaluate applicants. In the same spirit than NAME Accreditation Standards, European Council of Legal Medicine (ECLM) board decided to set up an ad hoc working group with the mission to elaborate an accreditation/certification procedure similar to the NAME's one but taking into account the realities of forensic medicine practices in Europe and restricted to post

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.

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 ...

Making offshore industries greener: negotiating environmental policy in the Dutch oil and gas sector

International Nuclear Information System (INIS)

Hinssen, J.

1994-01-01

In this paper the negotiations between the Dutch Government and the oil and gas sector regarding environmental measures for the offshore industry are analysed. Dutch environmental policy is presently being developed via 'Target Group Management'. The instrument used in this approach is policy negotiations, resulting in covenants. By signing a covenant, both government and industry take responsibility for the development and implementation of a realistic environmental policy. Negotiating environmental policies, however, can be problematic. This relates to the delay in obtaining an integrated approach to environmental problems. It is not unlikely that, in the four years required for the negotiation process, a legally binding environmental law might also have been developed. It is concluded that the value of the covenant mainly depends on the goodwill of the parties involved. (Author)

Psychological and sociological research and the decriminalization or legalization of prostitution.

Science.gov (United States)

Rio, L M

1991-04-01

In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

Legal-Age Students' Provision of Alcohol to Underage College Students: An Exploratory Study

Science.gov (United States)

Brown, Richard L.; Matousek, Therese A.; Radue, Mary B.

2009-01-01

Objective: The authors investigated the magnitude and cultural context of legal-age university students' provision of alcohol to underage students and how such alcohol provision might be deterred. Participants: 130 legal-age students at a midwestern university in the United States were randomly selected. Methods: The authors assessed 16 focus…

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.)

Legal Drugs Are Good Drugs and Illegal Drugs Are Bad Drugs

OpenAIRE

Indrati, Dina; Prasetyo, Herry

2011-01-01

ABSTRACT : Labelling drugs are important issue nowadays in a modern society. Although it is generally believed that legal drugs are good drugs and illegal drugs are bad drugs, it is evident that some people do not aware about the side effects of drugs used. Therefore, a key contention of this philosophical essay is that explores harms minimisation policy, discuss whether legal drugs are good drugs and illegal drugs are bad drugs and explores relation of drugs misuse in a psychiatric nursing s...

A Case against the Legal Rules on Conflicted Interested Transactions in Colombian Corporate Law

Directory of Open Access Journals (Sweden)

Juan Antonio Gaviria

2017-07-01

Full Text Available This paper contends and explains why the Colombian corporate legal rules on conflict of interest are inefficient, proposing some legal changes. In particular, this paper poses four criticisms. First, Colombian law requires that the highest corporate body shall always authorize any transaction between the legal entity and any of its managers or controlling shareholders. Second, such authorization lacks any legal effect whenever the transaction is detrimental to the company. Third, all transactions entered into without such approval are voidable. Fourth, there are no exceptions regarding transactions among companies belonging to the same entrepreneurial group.

A critique of cannabis legalization proposals in Canada.

Science.gov (United States)

Kalant, Harold

2016-08-01

An editorial in this issue describes a cannabis policy framework document issued by a major Canadian research centre, calling for legalization of non-medical use under strict controls to prevent increase in use, especially by adolescents and young adults who are most vulnerable to adverse effects of cannabis. It claims that such a system would eliminate the severe personal, social and monetary costs of prohibition, diminish the illicit market, and provide more humane management of cannabis use disorders. It claims that experience with regulation of alcohol and tobacco will enable a system based on public health principles to control access of youth to cannabis without the harm caused by prohibition. The present critique argues that the claims made against decriminalization and for legalization are unsupported, or even contradicted, by solid evidence. Early experience in other jurisdictions suggests that legalization increases use by adolescents and its attendant harms. Regulation of alcohol use does not provide a good model for cannabis controls because there is widespread alcohol use and harm among adolescents and young adults. Government monopolies of alcohol sale have been used primarily as sources of revenue rather than for guarding public health, and no reason has been offered to believe they would act differently with respect to cannabis. Good policy decisions require extensive unbiased information about the individual and social benefits and costs of both drug use and proposed control measures, and value judgments about the benefit/harm balance of each option. Important parts of the necessary knowledge about cannabis are not yet available, so that the value judgments are not yet possible. Therefore, a better case can be made for eliminating some of the harms of prohibition by decriminalization of cannabis possession and deferring decision about legalization until the necessary knowledge has been acquired. Copyright © 2016 Elsevier B.V. All rights reserved.

China's policy in the Arctic: tradition and modernity

Directory of Open Access Journals (Sweden)

Valery N. Konyshev

2017-01-01

Full Text Available Abstract: The article describes the features of China's policy in the Arctic region, taking into account their relationship with the political and cultural traditions, which have a long history. Ambiguities in the assessments of intentions and prospects of China's policy in the Arctic is largely due underestimation of ties by the Western experts. The authors believe that the current China's foreign policy in general and toward the Arctic, in particular, is formed under the infl uence of such factors as the combination of «soft» and «hard» methods of management, existing sharp contradictions between the elites in the political leadership of the state, and the tradition of long-term planning in strategy. In accordance with this, the Arctic dimension of modern China foreign policy, seeks to achieve the strategic goal of access to the resources of the region in many directions simultaneously. The most important instruments include the revision of the legal status of the Arctic, an active part in the work of international organizations and active bilateral inter-state cooperation, avoiding open confrontation, “waiting” policy and incremental measures aimed at the gradual squeezing of competitors.

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

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

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.

Legal and ethical issues arising with preimplantation human embryos.

Science.gov (United States)

Robertson, J A

1992-04-01

The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

32 CFR 270.8 - Authorization of payment.

Science.gov (United States)

2010-07-01

...) MISCELLANEOUS COMPENSATION OF CERTAIN FORMER OPERATIVES INCARCERATED BY THE DEMOCRATIC REPUBLIC OF VIETNAM... purpose. Any payment authorized to a person under a legal disability, may, in the discretion of the Commission, be paid for the use of the person, to the natural or legal guardian, committee, conservator, or...

Attendance Policies and Student Grades

Science.gov (United States)

Risen, D. Michael

2007-01-01

The details described in this case study examine the issues related to attendance policies and how such policies might be legally used to affect student grades. Concepts discussed should cause graduate students in educational administration to reflect on the issues presented from various points of view when the students complete an analysis of the…

Legal and social concerns to the development of bioremediation technologies

Energy Technology Data Exchange (ETDEWEB)

Bilyard, G.R.; McCabe, G.H.; White, K.A.; Gajewski, S.W.; Hendrickson, P.L.; Jaksch, J.A.; Kirwan-Taylor, H.A.; McKinney, M.D.

1996-09-01

The social and legal framework within which bioremediation technologies must be researched, developed, and deployed in the US are discussed in this report. Discussions focus on policies, laws and regulations, intellectual property, technology transfer, and stakeholder concerns. These discussions are intended to help program managers, scientists and engineers understand the social and legal framework within which they work, and be cognizant of relevant issues that must be navigated during bioremediation technology research, development, and deployment activities. While this report focuses on the legal and social environment within which the DOE operates, the laws, regulations and social processes could apply to DoD and other sites nationwide. This report identifies specific issues related to bioremediation technologies, including those involving the use of plants; native, naturally occurring microbes; non-native, naturally occurring microbes; genetically engineered organisms; and microbial products (e.g., enzymes, surfactants, chelating compounds). It considers issues that fall within the following general categories: US biotechnology policy and the regulation of field releases of organisms; US environmental laws and waste cleanup regulations; intellectual property and patenting issues; technology transfer procedures for commercializing technology developed through government-funded research; stakeholder concerns about bioremediation proposals; and methods for assuring public involvement in technology development and deployment.

Legal and social concerns to the development of bioremediation technologies

International Nuclear Information System (INIS)

Bilyard, G.R.; McCabe, G.H.; White, K.A.; Gajewski, S.W.; Hendrickson, P.L.; Jaksch, J.A.; Kirwan-Taylor, H.A.; McKinney, M.D.

1996-09-01

The social and legal framework within which bioremediation technologies must be researched, developed, and deployed in the US are discussed in this report. Discussions focus on policies, laws and regulations, intellectual property, technology transfer, and stakeholder concerns. These discussions are intended to help program managers, scientists and engineers understand the social and legal framework within which they work, and be cognizant of relevant issues that must be navigated during bioremediation technology research, development, and deployment activities. While this report focuses on the legal and social environment within which the DOE operates, the laws, regulations and social processes could apply to DoD and other sites nationwide. This report identifies specific issues related to bioremediation technologies, including those involving the use of plants; native, naturally occurring microbes; non-native, naturally occurring microbes; genetically engineered organisms; and microbial products (e.g., enzymes, surfactants, chelating compounds). It considers issues that fall within the following general categories: US biotechnology policy and the regulation of field releases of organisms; US environmental laws and waste cleanup regulations; intellectual property and patenting issues; technology transfer procedures for commercializing technology developed through government-funded research; stakeholder concerns about bioremediation proposals; and methods for assuring public involvement in technology development and deployment

Policy to Foster Civility and Support a Healthy Academic Work Environment.

Science.gov (United States)

Clark, Cynthia M; Ritter, Katy

2018-06-01

Incivility in academic workplaces can have detrimental effects on individuals, teams, departments, and the campus community at large. Alternately, healthy academic workplaces generate heightened levels of employee satisfaction, engagement, and morale. This article describes the development and implementation of a comprehensive, legally defensible policy related to workplace civility and the establishment of a healthy academic work environment. A detailed policy exemplar is included to provide a structure for fostering a healthy academic work environment, a fair, consistent, confidential procedure for defining and addressing workplace incivility, a mechanism for reporting and subsequent investigation of uncivil acts if indicated, and ways to foster civility and respectful workplace behavior. The authors detail a step-by-step procedure and an incremental approach to address workplace incivility and reward policy adherence. [J Nurs Educ. 2018;57(6):325-331.]. Copyright 2018, SLACK Incorporated.

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 ...

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 ...

FINANCIAL INSTRUMENTS OF THE STATE POLICY FOR THE PREVENTION OF TERRORIST ACTS IN UKRAINE

Directory of Open Access Journals (Sweden)

Mykola Bunchuk

2017-11-01

Full Text Available The article’s objective is to determine the mechanism for implementing the financial instruments of the state policy to counter terrorist acts in the territory not controlled by Ukrainian authorities in Donetsk and Luhansk regions. Methodology. Within the scientific research, for the most effective approaches at the national level to prevent the threat of international terrorism, under the conditions of the deep internal political crisis and extremely difficult economic situation, in order to improve the efficiency of public administration in developing and implementing the anti-terrorism state policies in Ukraine, the paper analyses international and domestic regulations on preventing the terrorist financing, considers factors that affect the deterioration of the social and economic situation of the temporarily occupied parts of Donbas. Results of the research allow formulating the definition of financial instruments of antiterrorist policies, the paper develops and proposes a series of organizational measures in order to prevent the terrorist financing in Ukraine. Practical implications. Based on the above, we propose an option of classification of main illegal mechanisms that may be used to finance terrorist activities in the territories of Donetsk and Luhansk regions uncontrolled by Ukrainian authorities, dividing them into internal and external. Given the above studied factors and classification of financing of terrorist acts in eastern Ukraine, we can assume that for the purpose of evading duty payable to relevant state bodies of Ukraine, external supplies of inventories in the uncontrolled areas of the Donetsk region, which are later obtained by illegal armed groups, are possibly carried out as follows: on behalf of a commercial entity registered in a foreign country for the Ukrainian commercial entity, registered in settlements located in the uncontrolled territory; crossing of international transit traffic that moves through the

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)

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

International Nuclear Information System (INIS)

Brinkmann, M.

1998-01-01

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

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....

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

Organizational and legal mechanism of the environmental protection

Directory of Open Access Journals (Sweden)

А. П. Гетьман

2014-12-01

Full Text Available Organizational and legal mechanisms of environmental protection are defined by the author of the article as a mechanism of organization and system of activities of state executive power bodies and local self-government bodies in the field of environmental public relations arising in connection with environmental protection and environmental safety provision. The rules of administrative law are its legal basis, alongside with the norms of environmental law. The former designed to reflect the specifics of the subject, objects, subjects and principles of legal regulation of social relations in this area. The latter define common goals, objectives and functions of state public relations management nature.

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

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)

Special Education in America: Its Legal and Governmental Foundations.

Science.gov (United States)

Ballard, Joseph, Ed.; And Others

The text presents six chapters on the legal and governmental bases of special education. In the Introduction, F. Weintraub and J. Ballard cite the legislative and litigative history of P.L. 94-142, the Education for All Handicapped Children Act, and briefly address information sources on such policy issues as procedural safeguards, underserved…

Alternative dispute resolution of medical-legal issues.

Science.gov (United States)

Barton, H M

1991-02-01

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

Radwaste Management in Small Nuclear Country - National Policy and Strategy

International Nuclear Information System (INIS)

Zagar, Tomaz

2014-01-01

The lecture will briefly present the Slovene nuclear program and its legal framework focused on the radioactive waste management policy and strategy aspect. Slovenia is an example of small EU member state with small shared nuclear power program demonstrating safe, secure and efficient management of radioactive waste. Different principles of radioactive waste management will be discoursed; among others including: minimization of waste generation, the polluter pays principle, safe storage followed by final disposal and also new findings on research and development of storage, disposal and recycling of radioactive waste. (author)

Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

Directory of Open Access Journals (Sweden)

Marcus Faro de Castro

2016-08-01

Full Text Available Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD approach and the Legal Analysis of Economic Policy (LAEP perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

The legal regime for private space tourism activities—An overview

Science.gov (United States)

Hobe, Stephan

2010-06-01

"Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.

Early Impacts of Marijuana Legalization: An Evaluation of Prices in Colorado and Washington.

Science.gov (United States)

Hunt, Priscillia; Pacula, Rosalie Liccardo

2017-06-01

Following the legalization and regulation of marijuana for recreational purposes in states with medical markets, policymakers and researchers seek empirical evidence on how, and how fast, supply and demand changed over time. Prices are an indication of how suppliers and consumers respond to policy changes, so this study uses a difference-in-difference approach to exploit the timing of policy implementation and identify the impacts on marijuana prices 4-5 months after markets opened. This study uses unique longitudinal survey data of prices paid by consumers and a web-scraped dataset of dispensary prices advertised online for three U.S. medical marijuana states that all eventually legalized recreational marijuana. Results indicate there were no impacts on the prices paid for medical or recreational marijuana by state-representative residents within the short 4- to 5-months window following legalization. However, there were differences in how much people paid if they obtained marijuana for recreational purposes from a recreational store. Further analysis of advertised prices confirms this result, but further demonstrates heterogeneous responses in prices across types of commonly advertised strains; prices either did not change or increased depending on the strain type. A key implication of our findings is that there are both supply and demand responses at work in the opening of legalized markets, suggesting that evaluations of immediate effects may not accurately reflect the long run impact of legalization on consumption.

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

THREE MODELS OF NATIONAL CRIMINAL POLICY IN THE CONTEXT OF GLOBALIZATION

Directory of Open Access Journals (Sweden)

Ivan Kleymenov

2017-01-01

Full Text Available The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. Identification of the model of criminal policy in a particular state is a complex task that requires independent research.The subject. The article is devoted to modeling of the national criminal policy in modern conditions of globalization. The article discusses various models of criminal policy in the conditions of globalization.The purpose of the author is to describe the basic models of national criminal policy in modern conditions of globalization.The methodology. The author uses the method of analysis and synthesis, formal legal method as well as sociological methods (survey.The results, scope of application. The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. The sovereign model is based on doctrine of weak state and a strong combat criminal activity. It is distinguished by the pursuit of the realization of the equality of all before the law, criminal strategic and political planning system with a clear definition of goals and objectives; criminological security. The reform of criminal policy is characterized byuncertainty goals and objectives, utopianism and pretentiousness, dependence on standards of the international organization, the lower prestige of criminology, reduction of social programs, lobbying of group interests, permanent amendments to the criminal and criminal procedure legislation. Experimental model of criminal policy is connected with approbation of such technologies of management of society that are criminal and contrary to human experience in fighting crime.Conclusions. Criminal

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 ...

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 ...

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...

Science Policy in Spain: National Programs and Public Perception of Science

Directory of Open Access Journals (Sweden)

Veronica M. Novikova

2016-01-01

Full Text Available The article studies the organization and financing of the Spanish state policy in the field of scientific and technological research and innovation, its institutional basic and the legal and regulatory framework, as well as analyzes the problem of Spanish public opinion on research and work of scientists. The author uses the methods of texts analysis, interviews and expert assessments. First, the author examines the legislative framework of scientific and technical policy of the Kingdom of Spain, the theoretical basis of its development and implementation Then, we study the institutional characteristics of scientific policy in the country, in particular the principal organs of coordination, financing and implementation, including their functional powers. Finally, we investigate the Spanish people perception of the science as a whole, the introduction of new technologies and the sources of material support to scientific research. In conclusion, the past 10years have seen active steps of the Spanish authorities improve the legislation in the field of science in order to ensure the effective implementation of innovation and enhance the overall competitiveness of the country in the international arena. An important finding was also positive changes in the public attitude towards science and the intensification of the dialogue between the scientific community and the public.

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

Regaining momentum for international climate policy beyond Copenhagen

Directory of Open Access Journals (Sweden)

Haug Constanze

2010-06-01

Full Text Available Abstract The 'Copenhagen Accord' fails to deliver the political framework for a fair, ambitious and legally-binding international climate agreement beyond 2012. The current climate policy regime dynamics are insufficient to reflect the realities of topical complexity, actor coalitions, as well as financial, legal and institutional challenges in the light of extreme time constraints to avoid 'dangerous' climate change of more than 2°C. In this paper we analyze these stumbling blocks for international climate policy and discuss alternatives in order to regain momentum for future negotiations.

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.

Legal identity as spiritual constituent of sense of justice

Directory of Open Access Journals (Sweden)

Y. S. Kravtsov

2015-03-01

Full Text Available The modern social and cultural situation of modern man requires mobility and adequate response to the requirements of modern society, and put it in front of the need to revise the traditional goals and targets. The authors show that it is not a system of knowledge and skills in itself, but a set of core competencies in modern intellectual, social, legal, communication, information sphere should be the main result of the process of formation of legal consciousness of modern man. In identifying the identification own life trajectory, gaining experience of independent activity and personal responsibility law today a special place. The authors emphasize that the position of acting, its identity is defined situation in the legal space. From its goals, values, personal preferences affect the choice of a particular mode of action. Familiarity with the legal situation as a choice situation, analysis of the position and actions of the person who is the subject of them, it is the spiritual content of justice, and creates conditions for personal self­determination ­ to find an answer to the question «Who am I, what do I want?»

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

Parents Representations of the Legal Socialization of Children

Directory of Open Access Journals (Sweden)

Kalashnikova A.S.,

2014-11-01

Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children

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...

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

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...

Organ donation as transition work: Policy discourse and clinical practice in The Netherlands.

Science.gov (United States)

Paul, Katharina T; Avezaat, Cees J J; Ijzermans, Jan N; Friele, Roland D; Bal, Roland A

2014-07-01

An increasing number of patients become eligible for organ transplants. In the Netherlands, at the level of policy discourse, growing waiting lists are often referred to as a persistent "shortage" of organs, producing a "public health crisis." In this way, organ donation is presented as an ethical, social, and medical necessity. Likewise, policy discourse offers a range of seemingly unambiguous solutions: improving logistical infrastructure at the level of hospitals, developing organizational and legal protocols, as well as public information campaigns. Instead of taking these problem and solution definitions as given, we critically examine the relationship between policy discourse and clinical practice. Based on a historical review, first, we trace the key moments of transformation where organ donation became naturalized in Dutch policy discourse, particularly in its altruistic connotation. Second, based on in-depth interviews with medical professionals, we show how those involved in organ donation continue to struggle with the controversial nature of their clinical practice. More specifically, we highlight their use of different forms of knowledge that underlie clinicians' "transition work": from losing a patient to "gaining" a donor. © The Author(s) 2013.

The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada Comment on "Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts".

Science.gov (United States)

Lake, Stephanie; Kerr, Thomas

2016-09-10

A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization - adolescent usage and impaired driving - and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization - specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use - that have to date not received adequate attention. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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)

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

Colour revolutions: criminal-legal aspect

Directory of Open Access Journals (Sweden)

Sergey Alekseyevich Gordeychik

2015-03-01

Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

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.

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)

The legal ensurance of underground ultimate storage of radioactive wastes without risk

International Nuclear Information System (INIS)

Prasse, R.

1974-01-01

1. The legal position towards the property owner: a) with a view to the freedom of property claim, b) in the light of the influence of the property owner. 2. The legal position towards the neighbouring property owners: a) resistance rights of the body corporate responsible for the ultimate storage, b) resistance rights of the neighbouring property owner. 3. The legal position towards those authorized to mine: a) mining free minerals, b) mining minerals reserved for the state. 4. The legal position towards prospectors. (orig./HP) [de

Information report made on the behalf of the European Affairs Commission on European policy for nuclear safety; Rapport d'information fait au nom de la commission des affaires europeennes (1) sur la politique europeenne de surete nucleaire

Energy Technology Data Exchange (ETDEWEB)

Bizet, J.; Sutour, S.

2011-05-15

This report aims at defining some perspectives for the evolution of the European general legal framework for nuclear safety. The authors first outline the difficulty for a European policy to emerge. They explain this statement by the importance of the current policy of national states, of their operators and of their national regulation authorities. They evoke the few elements of this legal framework (EURATOM Treaty, jurisprudence) but outline the strong cooperation between national authorities. Then, they discuss some progresses which have been noticed during the past two years (the 'safety' directive, a proposition for a directive on the management of used fuel and radioactive wastes, and the recent works by WENRA), and discuss the consequences of the accident in Fukushima. Propositions are made, notably concerning the support to the 'waste' directive, the perpetuation of strength tests, the rewriting of the 'safety' directive of June 2009

Agro-environmental policies in Germany

International Nuclear Information System (INIS)

Frohberg, K.; Weingarten

1997-01-01

Agricultural activities always have impacts on the environment. Whereas soil erosion is a minor problem in Germany water pollution due to modern and intensive agriculture is of major concern. At first the paper discusses to what extent agriculture contributes to environmental pollution in Germany, in particular to the pollution of surface waters (as well as hydroelectric power constructions on the Danube) and groundwater by nutrients and pesticides. Agro-environmental policy in Germany is dominated by command-and-control-measures. Hence, in the second section, recent developments of the most important legal and institutional settings concerning water conservation policies are surveyed with special emphasis on the Federal Water Act and the Implementation of the Nitrate Directive into German legislation by the Fertilizer Ordinance. Thirdly, impacts of alternative water conservation policies are investigated using a regionalized agricultural sector model. Information obtained by this model analysis cover the development of N-balances, potential nitrate concentrations in the recharged groundwater, costs potentially effected by this and resulting agricultural incomes on the country level of the former Federal Republic Germany. The last section focuses on programs promoting environmentally sound farming practices, which gained increasing importance in the Common Agricultural Policy of the European Union in the last years. It is argued that this development will also continue in the future. (author)

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)

Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

Science.gov (United States)

Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K.; Morsi, Hisham

2017-01-01

Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour. PMID:29186780

Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

Directory of Open Access Journals (Sweden)

Muthanna Samara

2017-11-01

Full Text Available Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK. Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment.

Science.gov (United States)

Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K; Morsi, Hisham

2017-11-24

Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

Legal positions of the Constitutional Court of Ukraine: main signs and definition

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

Legal Issues of A Surrogacy Contract Based on Iranian Acts

Directory of Open Access Journals (Sweden)

Amir Pirouz

2011-06-01

Full Text Available Assistive technologies have always opened new horizons in human's life, posed solutions to problemsand brought relief and prosperity for human beings. Iranian judicial authorities have recently recognizedthe importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy anda surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable andreligiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, thisreview studies the four building blocks of a valid contract: the intention and consent of parties, theirlegal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerningcontracts and responsibilities of parties, the authors of the present article deal with main commitmentsand responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertilityclinic or medical institute, and surrogate's husband. The authors conclude that a surrogacy contract isaccepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such acontract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights andlegal needs of all parties to a surrogacy contract.

Intelligent Flowcharting Developmental Approach to Legal Knowledge Based System

Directory of Open Access Journals (Sweden)

Nitin Balaji Bilgi

2011-10-01

Full Text Available The basic aim of this research, described in this paper is to develop a hybrid legal expert system/ knowledge based system, with specific reference to the transfer of property act, within the Indian legal system which is often in demand. In this paper the authors discuss an traditional approach to combining two types of reasoning methodologies, Rule Based Reasoning (RBR and Case Based Reasoning (CBR. In RBR module we have interpreted and implemented rules that occur in legal statutes of the Transfer of property act. In the CBR module we have an implementation to find the related cases. The VisiRule software made available by Logic Programming Associates is used in the development of RBR part this expert system. The authors have used java Net Beans for development of CBR. VisiRule is a decision charting tool, in which the rules are defined by a combination of graphical shapes and pieces of text, and produces rules.

Renewable energies in the Brazilian legal system: a constitutional vision; As energias renovaveis no ordenamento juridico brasileiro: uma visao constitucional

Energy Technology Data Exchange (ETDEWEB)

Lanzillo, Anderson Souza da Silva; Xavier, Yanko Marcius de Alencar [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

2009-08-15

The focus of this article is the inclusion of renewable energy in Brazil under the legal institutional aspect from the Brazilian Constitution of 1988. The legal perspective, set up three central pillars of questions: what questions the renewable energy in Brazil put in the legal treatment of the theme? What constitutional legal instruments for the management of renewable energy? Which legal instruments that would be recommended, as policy instruments, for the inclusion of renewable energy in Brazil? With these questions, we will develop the argument of the text.

Genesis of regulatory and legal provision of financial safety

Directory of Open Access Journals (Sweden)

M.V. Pataridze-Vyshynska

2016-07-01

Full Text Available The article describes the main problems that concern regulatory and legal provision of financial safety. The scientific groundwork of researchers of this matter in Ukraine is analyzed and its gaps are revealed. The state competences concerning the regulation of financial safety are investigated. The legal provision of financial safety in a retrospective section is considered. The short characteristic of the main legal instruments that make the subsoil for formation of financial safety environment is provided. The main stages of legislative process of ensuring financial safety are found out. The paradigm of financial safety formation is generalized. The possibilities of ensuring financial safety in different areas of the state financial policy through the definition of problem aspects and ways of their decision are defined. It is certain that the problem of protection of national interests in the economic sphere is rather actual, especially in formation of financial safety environment in modern conditions. This problem is subject to further investigation of both lawmakers and scientists-economists.

Implementation of Ecological Policies in Danube Delta Area

Directory of Open Access Journals (Sweden)

Trifon Belacurencu

2007-04-01

Full Text Available Public authorities and the local community have become lately increasingly aware of the complex relationship between the environment and the economic activity and of the need for integrating environmental requirements into economic activities. Therefore, a strategy that aims at a sustained development which takes into account the environmental aspects is imperative. Environmental policies represent a set of measures and tools with the objective of controlling and limiting the process of deterioration of environment quality. The design of environmental policies for the Danube Delta is not an easy task, due primarily to the major changes that affect the deltaic ecosystem, the patterns of behavior and consumption, poverty and isolation of the local communities, etc. The environmental policies in the Danube Delta have no longer an auxiliary role, rather reactive, but instead they are meant to set objectives at the economic, legal, educational and social levels and to guide the strategy for their achievement. In this paper I have outlined both the objectives of the environmental policies and the types of measures (general, direct and indirect for their implementation in the area of the Danube Delta.

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…

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.

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...

Telecommunications and internet broadband policy: sorting out the pieces for telerehabilitation.

Science.gov (United States)

Seelman, Katherine D

2010-01-01

Technological change is accelerating and with it regulatory upheaval. Most of us agree that providing universal telecommunication services to all our citizens is a worthy ideal. Nonetheless, many of us do not agree that regulation should be the means to make broadband Internet services widely available. This Viewpoint begins sorting out pieces of the emerging United States, regulatory and policy puzzle for broadband Internet with an eye to the interests of telerehabilitation providers and consumers. Just how might changes in legal authority, regulation and agency jurisdictions impact us?

Monetary impacts and currency wars: a blind spot in the discourse about Transnational Legal Orders

Directory of Open Access Journals (Sweden)

Marcus Faro de Castro

Full Text Available Abstract The literature on transnational legal orders (TLOs establishes new criteria for the elaboration of analyses regarding complex legal and economic issues which transcend the nation state. By looking into the so-called "currency war" controversy of 2010-2013, the paper argues that TLO theory remains limited in its ability to shed light on relevant aspects of cross-border impacts of monetary policy changes.

Killing us softly: the dangers of legalizing assisted suicide.

Science.gov (United States)

Golden, Marilyn; Zoanni, Tyler

2010-01-01

This article is an overview of the problems with the legalization of assisted suicide as public policy. The disability community's opposition to assisted suicide stems in part from factors that directly impact the disability community as well as all of society. These factors include the secrecy in which assisted suicide operates today, in states where it is legal; the lack of robust oversight and the absence of investigation of abuse; the reality of who uses it; the dangerous potential of legalization to further erode the quality of the U.S. health care system; and its potential for other significant harms. Legalizing assisted suicide would augment real dangers that negate genuine choice and self-determination. In view of this reality, we explore many of the disability-related effects of assisted suicide, while also addressing the larger social context that inseparably impacts people with disabilities and the broader public. First, after addressing common misunderstandings, we examine fear and bias toward disability, and the deadly interaction of assisted suicide and our profit-driven health care system. Second, we review the practice of assisted suicide in Oregon, the first U.S. state to legalize it, and debunk the merits of the so-called Oregon model. Third and finally, we explore the ways that so-called "narrow" assisted suicide proposals threaten inevitable expansion. Copyright © 2010 Elsevier Inc. All rights reserved.

Information security policies and procedures a practitioner's reference

CERN Document Server

Peltier, Thomas R

2004-01-01

INFORMATION SECURITY POLICIES AND PROCEDURES Introduction Corporate Policies Organizationwide (Tier 1) Policies Organizationwide Policy Document Legal Requirements Duty of Loyalty Duty of Care Other Laws and Regulations Business Requirements Where to Begin? Summary Why Manage This Process as a Project? Introduction First Things First: Identify the Sponsor Defining the Scope of Work Time Management Cost Management Planning for Quality Managing Human Resources Creating a Communications Plan Summary Planning and Preparation Introduction Objectives of Policies, Stand

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....

A comparison of the legal frameworks supporting water management in Europe and China.

Science.gov (United States)

Yang, X; Griffiths, I M

2010-01-01

This paper has compared the legal frameworks supporting water management in Europe and China, with special focus on integrated river basin management (IRBM) to identify synergies and opportunities in policymaking and implementation. The research shows that China has committed to the efficient management of water resources through various policy tools during the current period. This commitment, however, has often been interrupted and distorted by politics, resulting in the neglect of socioeconomic and environmental priorities. The European legal framework supporting water management underwent a complex and lengthy development, but with the adoption of the Water Framework Directive provides a policy model on which to develop an integrated and sustainable approach to river basin management, elements of which may help to meet the demands of the emerging 21st century Chinese society on these critical natural resources.

Japan after the Quake: Prospects for climate policy

International Nuclear Information System (INIS)

Luta, Alexandru

2011-01-01

The triple calamity of 11 March 2011 has dealt a serious blow domestically to the credibility of the Japanese nuclear industry, putting the country's energy policy in flux.The severe impact on the country's infrastructure, the unwieldiness of its bureaucracy and the chaotic political situation preclude Japan's energy policy from explicitly re-orientating itself before the middle of 2012, but political consensus seems to be emerging that the country's mid-term pledge on emission reductions will need to be curtailed.The bill on renewable energy passed under Prime Minister Kan marked a step in the right direction, but was shallow and politically opportunistic. Its future impact on policy is uncertain.With other policy instruments on climate proposed by the Democratic Party of Japan toothless or abandoned, Tokyo's ability to engage in significant mitigation activities domestically is in question.Opposition to a second commitment period to the Kyoto Protocol remains firm; Japan will continue to pursue bilateral mechanisms outside the UNFCCC framework.Given its frail domestic policy and a stated readiness to act internationally outside multilateral frameworks, Japan's promise to carry out significant mitigation activities even in the absence of a clear and comprehensive post-2012 legal instrument should be viewed with a critical eye.(Author)

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

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.

Dying to starve: A comparative analysis of legal aspects relating to ...

African Journals Online (AJOL)

The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is to clarify legal issues of consent and self-determination, with regard to both adult and minor patients. In addition, the ...

When the War Doesn’t End: Detainees in Legal Limbo

Science.gov (United States)

2014-05-01

it most. While the images of Abu Ghraib may have been forgotten by many, the limitless detention laws provide a legal basis that allows many to...11 Detainee Policy: Popular President Meets Unified Government. Universitat der Bundeswehr 2013, 92. 35 Strasser, Steven 2004. The Abu Ghraib

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.

Physician-assisted suicide: the legal slippery slope.

Science.gov (United States)

Walker, R M

2001-01-01

In Oregon, physicians can prescribe lethal amounts of medication only if requested by competent, terminally ill patients. However, the possibility of extending the practice to patients who lack decisional capacity exists. This paper examines why the legal extension of physician-assisted suicide (PAS) to incapacitated patients is possible, and perhaps likely. The author reviews several pivotal court cases that have served to define the distinctions and legalities among "right-to-die" cases and the various forms of euthanasia and PAS. Significant public support exists for legalizing PAS and voluntary euthanasia in the United States. The only defenses against sliding from PAS to voluntary euthanasia are adhering to traditional physician morality that stands against it and keeping the issue of voluntary euthanasia legally framed as homicide. However, if voluntary euthanasia evolves euphemistically as a medical choice issue, then the possibility of its legalization exists. If courts allow PAS to be framed as a basic personal right akin to the right to refuse treatment, and if they rely on right-to-die case precedents, then they will likely extend PAS to voluntary euthanasia and nonvoluntary euthanasia. This would be done by extending the right to PAS to incapacitated patients, who may or may not have expressed a choice for PAS prior to incapacity.

48 CFR 601.603-70 - Delegations of authority.

Science.gov (United States)

2010-10-01

... authorized must comply. In view of the contracting officer's responsibility for the legal, technical, and... emergency or contingency operations necessary to protect life or federal property. This authority is limited...

Evaluation of Legal Data Protection Requirements in Cloud Services in the Context of Contractual Relations with End-Users

Directory of Open Access Journals (Sweden)

Darius Štitilis

2014-03-01

Full Text Available Purpose – to analyse the compliance with basic principles of data protection in selected consumer oriented cloud services contracts, and also to highlight the adequate level of data protection in the mentioned contracts, evaluating existing data protection directive 95/46/EC, also proposed General data protection regulation.Design/methodology/approach – various survey methods have been used in the work integrated. Documental analysis method has been used in analysis of scientific literature, legal acts and other documents, where aspects of legal data protection requirements have been included. Legal documents analysis method together with logical-analytic method has been used in analysing Directive 95/46/EU, Proposal for a regulation of the European Parliament and of the Council and jurisprudence of the European Court of Human Rights. Comparative method has been applied for revealing difference between particular cloud services contracts and also comparing the compliance of cloud services contracts to requirements of basic European data protection principles, established in the international documents.Findings – from the brief analysis of selected consumer oriented cloud service providers, it may be implied that more or less all the legal principles, established in the legal acts, are reflected in the privacy policies and/or service agreements. However, it shall be noted that there is a big difference in wording of the analysed documents. Regarding other principles, all examined cloud service providers do not have indemnification provisions regarding unlawful use of personal data.Research limitations/implications – the concept of the contract was presented in a broad sense, including the privacy policies and/or terms and conditions of the service providers. In accordance with the content of the principles, the authors grouped data protection principles, applied in cloud services into fundamental and recommendatory.Practical implications

Ethical and legal challenges associated with disaster nursing.

Science.gov (United States)

Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

2015-06-01

In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

Euthanasia in Belgium: legal, historical and political review.

Science.gov (United States)

Saad, Toni C

2017-01-01

This article describes and evaluates the Belgian euthanasia experience by considering its practice and policy, both before and after the formal decriminalisation of euthanasia in 2002. The pre-legal practice of euthanasia, the evolution of euthanasia legislation, criticism of this legislation, the influence of politics, and later changes to the 2002 Act on Euthanasia are discussed, as well as the subject of euthanasia of minors and the matter of organ procurement. It is argued that the Belgian euthanasia experience is characterised by political expedition, and that the 2002 Act and its later amendments suffer from practical and conceptual flaws. Illegal euthanasia practices remain a live concern in Belgium, something which nations who are seeking to decriminalise euthanasia should consider. Copyright © 2017 by the National Legal Center for the Medically Dependent and Disabled, Inc.

What is legal medicine--are legal and forensic medicine the same?

Science.gov (United States)

Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

45 CFR 1643.5 - Recipient policies and recordkeeping.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Recipient policies and recordkeeping. 1643.5 Section 1643.5 Public Welfare Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION RESTRICTION ON ASSISTED SUICIDE, EUTHANASIA, AND MERCY KILLING § 1643.5 Recipient policies and...

[Legal secrecy: abortion in Puerto Rico from 1937 to 1970].

Science.gov (United States)

Marchand-Arias, R E

1998-03-01

The essay discusses abortion in Puerto Rico from 1937 to 1970, concentrating in its legal status as well as its social practice. The research documents the contradictions between the legality of the procedure and a social practice characterized by secrecy. The essay discusses the role of the Clergy Consultation Service on Abortion in promoting the legal practice of absortion in Puerto Rico. It also discusses the ambivalent role of medical doctors who, despite being legally authorized to perform abortions to protect the life and health of women, refused to perform the procedure arguing abortion was illegal. The essay concludes with a brief discussion on perceptions of illegality regarding abortion, emphasizing the contradictions between the practice of abortion and that of sterilization in Puerto Rico.

Tobacco policies in Austria during the Third Reich.

Science.gov (United States)

Bachinger, E; McKee, M

2007-09-01

The anti-smoking stance taken by Adolf Hitler, coupled with Nazi support for research on smoking and lung cancer and campaigns to discourage smoking, have encouraged pro-smoking groups to equate tobacco control activities with totalitarianism. Previous work has described the situation in Germany. To examine the situation in Austria, also part of the Reich after 1938. Iterative analysis of documents and reports about the situation in Austria in the 1930s and 1940s, supplemented by a review of Reich legal ordinances, party newspapers, health behaviour guidelines issued by Nazi party organisations and interviews with expert informants. In contrast to the situation in Germany where, albeit to a much lesser degree than is commonly believed, some anti-smoking policies were adopted, the Nazi authorities in Austria made almost no attempt to discourage smoking and the Austrian tobacco company worked closely with the Nazi authorities to ensure that supplies were maintained. Especially when looked at in the Austrian context, the much-cited link between anti-smoking policies and Nazism is a gross over-simplification. This purported link should not be used to justify the continued failure to act effectively against smoking in Germany and Austria.

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)

Social world of organ transplantation, trafficking, and policies.

Science.gov (United States)

Yousaf, Farhan Navid; Purkayastha, Bandana

2016-05-01

Although success of organ transplants reflects advances in medical procedures, the success has generated debates about the ethical standards and policies that govern transplants, especially the acquisition of organs for transplants. We focus on laws, policies, and organ trafficking to highlight the interdisciplinary perspectives that can shape our understanding of transplantation as a social phenomenon. We discuss international policies and country-specific legislation from Pakistan to point to gaps and their implications for protecting vulnerable people who are exploited for organ removal. International collaboration and the legal framework need to be strengthened to fight the menace globally and to deal with the cases of organ trafficking within the legal ambit of human trafficking so that the rights of victims are upheld by states, justice systems, and ultimately medical establishments and practitioners.

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

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)

Human rights versus legal control over women's reproductive self-determination.

Science.gov (United States)

Uberoi, Diya; de Bruyn, Maria

2013-06-14

States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights. Copyright © 2013 Uberoi and de Bruyn. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

Competition Policy in Malaysia

OpenAIRE

Lee, Cassey

2004-01-01

Malaysia does not have a national competition law. Competition is regulated at the sectoral level in the country. Two economic sectors have legal provisions for competition law but these have been relatively ineffectively enforced. The benefits of Malaysia's industrial policy as well as the policy reforms in regulation and trade have been compromised by the lack of a formal institution to address competition related issues. Hence, the future priority and direction of regulatory reform is obvi...

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...

Below regulatory concern standards: The limits of state and local authority

International Nuclear Information System (INIS)

Silverman, D.J.

1990-01-01

The paper discusses: (1) the scope of the Nuclear Regulatory Commission's authority to develop and implement below regulatory concern or BRC standards; and (2) the limitations on the legal authority of states and local governments to create impediments to full implementation of such standards. The paper demonstrates that the NRC is acting well within its statutory authority in developing BRC regulations and guidelines, and that the ability of state and local governments to impede generators' use of those regulations and guidelines on the basis of legal or regulatory initiatives is substantially circumscribed. While some generators may be reluctant, as a result of political factors, to utilize BRC standards, the decision whether or not to use such standards should not be made without careful consideration of the applicable legal and regulatory limitations on state and local authority

Marijuana: A Study of State Policies & Penalties.

Science.gov (United States)

Peat, Marwick, Mitchell and Co., Columbia, MD.

This study is a comprehensive analysis of issues concerning marijuana that are of importance to state policy makers. It reviews the medical, legal, and historical dimensions of marijuana use and examines the range of policy approaches toward marijuana possession and use which state officials have considered. Attention is directed to the experience…

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...

Physician alert: the legal risks associated with 'on-call' duties in the USA.

Science.gov (United States)

Paterick, Zachary R; Patel, Nachiket J; Paterick, Timothy Edward

2018-06-13

On-call physicians encounter a diverse aggregate of interfaces with sundry persons concerning patient care that may surface potential legal peril. The duties and obligations of an on-call physician, who must act as a fiduciary to all patients, create a myriad of circumstances where there is a risk of falling prey to legal ambiguities. The understanding of the doctor-patient relationship, the obligations of physicians under the Emergency Medical Treatment and Labor Act, the meaning of medical informed consent and the elements of negligence will help physicians avoid the legal risk associated with the various encounters of being on call. After introducing the legal concepts, we will explore the interactions that may put physicians at legal risk and outline how to mitigate that risk. Being on call is time consuming and arduous. While on call, physicians have a duty to act morally and ethically in the best interest of the patients. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Corporal punishment in light of the criminal policies of the religious state

Directory of Open Access Journals (Sweden)

Mohammad Mahdi AnjomShoae

2011-07-01

Full Text Available In the Islamic Republic of Iran in which a Muslim jurist has absolute authority over all its pillars and affairs, the supreme leader’s views play an important role both directly in determining the criminal policy for confronting and preventing behavioral and moral corruptions (as a part of general policies of system, and indirectly in passing and approving laws in accordance and agreement with the standards of Islamic Shariah. Disciplining and punishing children as a part of criminal policy in the jurisprudential teachings of Islam are recognized as a right for parents and the approved laws also confirm this. However, restrictions such as observing the limits of custom and expediency are the requirements for exercising this right that has a great influence on adjusting it and protecting children. Disciplining child offenders by the courts and juvenile centers is one of the mechanisms that govern the criminal policy to confront the abnormal behavior of children and in fact replace corporal punishment and rough behavior which result in normal controlled reactions. In the international view, adoption of CRC (Convention on the Rights of Child by the Islamic Republic of Iran with reservations can raise some misconceptions regarding the contradiction between domestic law and religious opinions on the matter with international law and may cast doubt on its international commitments. In addition to describing the legal status of corporal punishment of children, this study will reveal the position of the legal system of the Islamic Republic of Iran towards this important international document more than before.

COMPARATIVE LEGAL STUDY OF THE FREEDOM OF SPEECH IN RUSSIA AND CHINA. RUSSIAN LEGAL SYSTEM’ INFLUENCE ON THE CHINESE LEGAL SYSTEM

Directory of Open Access Journals (Sweden)

Stanislav Yu Kolmakov

2013-01-01

Full Text Available The article analyzes the features, similarities and differences of the legal systems of Russia and China and reveals that Russia is a more democratic state compared to China in the field of protection of the freedom of speech. The author concludes that Russia can influence China by methods of international treaties which allow cooperation between states with different state and social orders and by promoting the ideas of the freedom of expression through research exchanges.

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...

Severe neurological impairment: legal aspects of decisions to reduce care.

Science.gov (United States)

Beresford, H R

1984-05-01

Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain ("brain death"). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents can authorize physicians to reduce care for neurologically impaired children is the focus of current litigation. Implicit in this litigation is the question of how severe neurological impairment must be before parents and physicians may lawfully agree to reduce care. For severely impaired but not vegetative adults, there is some legal authority to justify certain decisions to reduce care. The issue of whether withholding feeding from a severely demented patient with life-threatening medical problems constitutes criminal behavior is now being considered by a state supreme court.

Uses of Extra-Legal Sources in "Amicus Curiae" Briefs Submitted in "Fisher v. University of Texas at Austin"

Science.gov (United States)

Marin, Patricia; Horn, Catherine L.; Miksch, Karen; Garces, Liliana M.; Yun, John T.

2018-01-01

As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

A global warming forum: Scientific, economic, and legal overview

International Nuclear Information System (INIS)

Geyer, R.A.

1993-01-01

A Global Warming Forum covers in detail five general subject areas aimed at providing first, the scientific background and technical information available on global warming and second, a study and evaluation of the role of economic, legal, and political considerations in global warming. The five general topic areas discussed are the following: (1) The role of geophysical and geoengineering methods to solve problems related to global climatic change; (2) the role of oceanographic and geochemical methods to provide evidence for global climatic change; (3) the global assessment of greenhouse gas production including the need for additional information; (4) natural resource management needed to provide long-term global energy and agricultural uses; (5) legal, policy, and educational considerations required to properly evaluate global warming proposals

In Rei The Academic Cartography of Sugar Sweetened Beverages: Scientific and Technical Information, Interdisciplinarity, and Legal Academia

Energy Technology Data Exchange (ETDEWEB)

White, L.C.

2016-07-01

It has long been noted that there are crucial differences between the functions of the law and science (Brief for Bloembergen et al., 1993). Difference in function leads to different logics and processes of enacting law and science, including the system for generating a body of peer-reviewed research. The current research uses an overarching anthropological approach to address academic communication between two powerful and influential social groups: scientists and legal scholars. Using Burt’s (1992) structural holes, which examines the position of actors across network gaps, and the newer area of cultural holes, which adds a cultural dimension through linguistic networks (Pachucki & Breiger, 2010), this research looks at whether, in addition to structural divides in patterns of citations between legal academic and scientific publishing, there are also language and contextual differences. By investigating these key issues this research will not only expand the applications of these well validated scientometric techniques to new areas, but also will explore the intersection of two academic publication areas, the way they communicate, and how information across both is attempting to influence policy. (Author)

Ageing prisoners' health care: analysing the legal settings in Europe and the United States.

Science.gov (United States)

Bretschneider, Wiebke; Elger, Bernice; Wangmo, Tenzin

2013-01-01

Relatively little is known about the current health care situation and the legal rights of ageing prisoners worldwide. To date, only a few studies have investigated their rights to health care. However, elderly prisoners need special attention. The aim of this article is to critically review the health care situation of older prisoners by analysing the relevant national and international legal frameworks with a particular focus on Switzerland, England and Wales, and the United States (U.S.). Publications on legal frameworks were searched using Web of Science, PubMed, MEDLINE, HeinOnline, and the National Criminal Justice Reference Service. Searches utilizing combinations of keywords relating to ageing prisoners were performed. Relevant reports and policy documents were obtained in order to understand the legal settings in Switzerland, England and Wales, and the U.S. All articles, reports, and policy documents published in English and German between 1774 to June 2012 were included for analysis. Using a comparative approach, an outline was completed to distinguish positive policies in this area. Regulatory approaches were investigated through evaluations of soft laws applicable in Europe and U.S. Supreme Court judgements. Even though several documents could be interpreted as guaranteeing adequate health care for ageing prisoners, there is no specific regulation that addresses this issue completely. The Vienna International Plan of Action on Ageing contributes the most by providing an in-depth analysis of the health care needs of older persons. Still, critical analysis of retrieved documents reveals the lack of specific legislation regarding the health care for ageing prisoners. No consistent regulation delineates the provision of health care for ageing prisoners. Neither national nor international institutions have enforceable laws that secure the precarious situation of older adults in prisons. To initiate a change, this work presents critical issues that must be

Sexual harassment in academia: legal and administrative challenges.

Science.gov (United States)

Dowell, M

1992-01-01

Guidelines and institutional policies regarding sexual harassment in academia have a relatively short and controversial background. Deference to Equal Employment Opportunity Commission (EEOC) guidelines in employment sexual harassment incidents guides much of the thinking in contemporary courts. Title IX of the Educational Amendments and the Civil Rights Restoration Act of 1987 are but two of the legal redresses available to students with harassment grievance complaints. Lack of definition of the term as well as research studies in nursing complicate the issue of sexual harassment. The potential impact of harassment on nursing students both in the classroom and in the practice area is significant. Nursing administrators and educators must be proactive in writing and implementing policies regarding sexual harassment.

Cross-border quest: the reality and legality of transplant tourism.

Science.gov (United States)

Ambagtsheer, Frederike; Zaitch, Damián; van Swaaningen, René; Duijst, Wilma; Zuidema, Willij; Weimar, Willem

2012-01-01

Background. Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians. Methods. The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism. Results. All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove. Conclusions. Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified.

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

Science.gov (United States)

Cockfield, Arthur J.

2010-01-01

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

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.

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.

Health policy considerations for our sexual minority patients.

Science.gov (United States)

O'Hanlan, Katherine A

2006-03-01

Homosexuality and transsexuality are still widely viewed by lay individuals as morally negative and deserving of legal proscription. Peer-reviewed data confirm that experiences of legal discrimination are associated with stress-related health problems, reduced utilization of health care, and financial and legal challenges for individuals and families, especially those with children. In the last 3 years, the American Psychiatric Association, American Psychological Association, and American Psychoanalytic Association have each reviewed the research on sexual orientation and identity, and each has confirmed that sexual orientation and gender identity do not correlate with mental illness or immorality. They have each endorsed laws that confer equality to sexual minorities, including nondiscrimination in employment, medical insurance coverage, adoption, and access to civil marriage. The American College of Obstetricians and Gynecologists (ACOG), by virtue of its history of advocacy for women's health, is in a position to promote policy and make similar recommendations, recognizing that sexual minority women's health and their family issues are an integral component of taking care of all women. The College should review the policies of America's premier mental health associations and consider including sexual orientation and gender identity in its own nondiscrimination policy, and ACOG should issue a policy statement in support of laws to provide safety from violence and discrimination, equal employment opportunities, equal health insurance coverage, and equal access to civil marriage.