Muscle Activity during Unilateral Vs. Bilateral Battle Rope Exercises

DEFF Research Database (Denmark)

Calatayud, J.; Martin, F.; Colado, J. C.

2015-01-01

Calatayud, J, Martin, F, Colado, JC, Benitez, JC, Jakobsen, MD, and Andersen, LL. Muscle activity during unilateral vs. bilateral battle rope exercises. J Strength Cond Res 29(10): 2854-2859, 2015High training intensity is important for efficient strength gains. Although battle rope training is m...

Airland Battle Doctrine

Science.gov (United States)

1988-09-01

Professional Paper 463 / September 1988 OTIC - EL cOPY V 0- 00 00 N Airland Battle Doctrine DTIC S ELECTE DEC 2 81988D Douglas W. Skinner Dcb A...missiles to ground targets. Initial deployment will be on the Army’s OV-i Bronco and the Air Force’s TR-l and C-18. This is another outgrowth of the

Battle of Narratives

Science.gov (United States)

2012-06-01

NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS Approved for public release; distribution is unlimited BATTLE OF NARRATIVES...from the NAVAL POSTGRADUATE SCHOOL June 2012 Author: Lars Ruth Approved by: Prof. Sean F. Everton Thesis Advisor Dr. Hy...are more important than are others. For example, for some, social security and taxes are very important while gun control and LGBT are not. For

The legal mentality and the succession of the law.

Directory of Open Access Journals (Sweden)

Vladimir Rybakov

2017-01-01

Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

The Ukraine Crisis: The Battle of Superpowers

OpenAIRE

Elmquist-Clausen, Caroline

2016-01-01

This project concerns the Ukraine crisis, and how the crisis can be explained as a battle between Russia and the West. The project takes it departure in neoclassical realism, and uses this theory to understand how the actors in the crisis balance each other. This project concerns the Ukraine crisis, and how the crisis can be explained as a battle between Russia and the West. The project takes it departure in neoclassical realism, and uses this theory to understand how the actors in the cri...

book and video reviews battles in britain and their political

African Journals Online (AJOL)

Illustrated, maps. ISBN I 85326 672 8. R61-00 ... battles fought on British soil from the Norse invasion under King Harold. Hardrada (September ... but also sets each battle against the political and historical background of the time. Seymour ...

Douglas Haig and the Battle of the Somme

Science.gov (United States)

1984-03-01

4J "insights into tomorrow" AA A A tDSTRIBUTON STATEMENT A Approved fta public rlow800 Diasibution Unlimited 84 0 , 0 DISCLAIMER The views and...Israeli Wars, p. 348. 16 John Keegan, The Face of Battle (New York: Penguin Books, 1976), p. 303. 5 17. has said this is characteristically the American way...Random House, 1982. Keegan, John. The Face of Battle. New York: Penguin Books, 1976. Mao Tse-tung. On the Protracted War. Peking: Foreign Languages

Hecamede: Homeric nurse of the battle-wounded in the Trojan War.

Science.gov (United States)

Balanika, Alexia P; Baltas, Christos S

2014-02-01

The Homeric epics present the 10-year lasting Trojan War, offering the description of battle wounds and medical care of injuries. Hecamede is referred by the Homer as a battlefield nurse who had knowledge of the treatment of bleeding battle wounds.

Predicting Battle Outcomes with Classification Trees

National Research Council Canada - National Science Library

Coban, Muzaffer

2001-01-01

... from the actual battlefield, The models built by using classification trees reveal that the objective variables alone cannot explain the outcome of battles, Relative factors, such as leadership, have deep...

Vukovar 1991 Battle and Cultural Memory

Directory of Open Access Journals (Sweden)

Sandra Cvikić

2014-03-01

Full Text Available In this paper it is argued that Vukovar 1991 Battle traumatic memory wearing away process is a social issue and cannot be simply amputated by modernist narratives from accumulated traces of the past. Instead, those traumatic memories are constantly reconstructed, repressed, or transformed in some way or another under the pressure of manipulative power politics and competing ideologies in contemporary Croatian society.  Therefore, the question this paper asks is whether war crimes and atrocities committed in Vukovar 1991 have its meaningful place in the Croatian cultural memory and whether  social research techniques into contemporary cultural memory in Croatia can afford to avoid testimonial narrations of the Vukovar 1991 Battle and war experiences since they are an integral part of the collective memory?

Philostorgius’ Account of the Battle at Mursa

Directory of Open Access Journals (Sweden)

Alenka Cedilnik

2014-07-01

Full Text Available On September 28, 351 AD, Emperor Constantius II defeated the usurper Magnentius in the battle at Mursa. While the battle is described in several ancient sources, the present study focuses on the account given by Philostorgius. Philostorgius is the first known author to have included in his description of the battle the appearance of a cross in the sky, drawing on the writings of an unknown Arian historian. But for all its seemingly miraculous connotations, Philostorgius’ story is no mere figment of the imagination. It is based on a perfectly natural meteorological phenomenon, the parhelia or phantom suns, which had been observed on May 7, 351, in the sky above Jerusalem. They were interpreted at the time as the sign of Christ’s cross, and the contemporary Jerusalem bishop, Cyril, provided a detailed description in a letter to Emperor Constantius. But while the Bishop already saw this phenomenon as a sign of God’s favour to Constantius, the appearance of the cross above Jerusalem was not immediately associated with the slightly later conflict at Mursa. This connection was only established by Arian historians, who used the story of the vision before the Mursa battle to glorify Emperor Constantius, a supporter of Arianism. The earliest source known today is an anonymous Arian historian writing in the late 4th century: his work provided the basis for Philostorgius’ account of the Mursa battle. Still, the association of the visions above Jerusalem and Mursa is perhaps not to be attributed merely to the Arian authors’ partiality to Emperor Constantius. It may have been prompted by two natural but hardly everyday celestial phenomena as well: on May 28, 355, the Balkans, including Mursa, witnessed a total solar eclipse, while August 8, 351, brought a partial eclipse to an area of the Balkans (but not to Mursa. The two eclipses may have influenced Philostorgius’ account of the Mursa battle. While neither the eclipse nor the parhelia visible

Pokémon Battles as a Context for Mathematical Modeling

Science.gov (United States)

McGuffey, William

2017-01-01

In this article I explore some of the underlying mathematics of Poke´mon battles and describe ways that teachers at the secondary level could explore concepts of mathematical game theory in this context. I discuss various ways of representing and analyzing a Poke´mon battle using game theory and conclude with an example of applying concepts of…

Legal issues related to adolescent pregnancy: current concepts.

Science.gov (United States)

Rhodes, A M

1986-09-01

Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.

Low-level Battle Management Language

NARCIS (Netherlands)

Alstad, A.; Mevassvik, O.M.; Nielsen, M.N.; Løvlid, R.A.; Henderson, H.C.; Jansen, R.E.J.; Reus, N.M. de

2013-01-01

TNO (The Netherlands) and FFI (Norway) are cooperating in extending a COTS Computer Generated Forces (CGF) tool with a Coalition Battle Management Language (C-BML) interface for executing C-BML orders and issuing reports. Due to the lack of satisfactory models for command and control (C2)/combat

Battling Obesity in K-12 Learners from an Exercise Physiology Perspective

Science.gov (United States)

Rattigan, Peter; Biren, Greg

2007-01-01

Physical education practitioners and programs have the opportunity and obligation to help children become physically educated, healthy, and active adults. This article discusses the battle against obesity in K-12 learners from an exercise physiology perspective and focuses on the fact that practitioners have all the tools they need to battle this…

[Turning points in world history: urological comments on pathography of famous people: did Napoleon Bonaparte have a cystitis during the battle of Waterloo and was the battle lost because of that?].

Science.gov (United States)

Hatzinger, M; Stastny, M; Haferkamp, A

2011-03-01

Apparently unimportant diseases of some prominent figures can have a considerable effect on the course of time at turning points in world history. It is quite conceivable that the Battle of Waterloo on 18 June 1815 had been lost by France because Napoleon was not in full possession of his powers, because he was suffering from acute cystitis. Adverse weather conditions with continuous rain and coldness in advance of the battle, extremely primitive hygienic conditions and more than simple quarters for the night led to the development of cystitis. Based on the records of his biographers, his personal physician and the letters to his brother, we know that Napoleon was not able to give the command to attack in the early morning as intended, but in the early noon, only because of his bad general condition. This delay of several hours led, as we all know, to the intervention of Prussia and the devastating defeat of France. Thus it appears that a relatively unimportant urological disease influenced the course of world history crucially.

77 FR 29918 - Proposed Amendment of Class E Airspace; Battle Creek, MI

Science.gov (United States)

2012-05-21

... airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at W. K. Kellogg.... Kellogg Airport, Battle Creek, MI. Controlled airspace is needed for the safety and management of IFR... controlled airspace at W.K. Kellogg Airport, Battle Creek, MI. Environmental Review This proposal will be...

Outrunning Asthma: Football Player Rashad Jennings Battled Childhood Asthma with Exercise and Determination

Science.gov (United States)

... us Outrunning Asthma Football player Rashad Jennings battled childhood asthma with exercise and determination Photo: ABC National Football ... Dancing with the Stars” champion Rashad Jennings battled childhood asthma with grit and determination. He has partnered with ...

Fitting Lanchester Equations to the Battles of Kursk and Ardennes

OpenAIRE

Lucas, Thomas W.; Turkes, Turker

2004-01-01

The article of record as published may be found at http://dx.doi.org/10.1002/nav.10101 Lanchester equations and their extensions are widely used to calculate attrition in models of warfare. This paper examines how Lanchester models fit detailed daily data on the battles of Kursk and Ardennes. The data on Kursk, often called the greatest tank battle in history, was only recently made available. A new approach is used to find the optimal parameter values and gain an understanding...

United States 1st Armored Division and Mission Command at the Battle of Faid Pass

Science.gov (United States)

2017-04-13

MilitaryReview_20130430_ art008.pdf and John Case, “The Exigency for Mission Command: A Comparison of World War II Command Cultures ,” Small Wars Journal...Borzoi Books, 1943), 229-232. 20 Concurrent to these efforts, the US and United Kingdom continued to mass forces in England for a cross channel...and psychological . The Axis had seized the initiative; the Allies just did not know it yet.154 Preparations for the Battle of Kasserine Pass

The Battle of Moscow - Turning Point of World War II

Directory of Open Access Journals (Sweden)

V M Falin

2015-12-01

Full Text Available The article is dedicated to the Battle of Moscow in October- December, 1941. Author analyzes the causes of the failure of German army, who tries to encircle and capture Moscow, the events taking place on the outskirts of Moscow, German troops attempts to encircle Moscow. The author presents data on the speech by Adolf Hitler in Berlin on October 5, 1941, in which he acknowledged the failure of the Blitzkrieg and the Battle for Moscow and its suburbs. The researcher uses the documents of the Wehrmacht High Command, which stated that after the Battle of Moscow, German troops could not on any further stage of the war to restore the quality and morale of the armed forces, with whom Reich rushed to a campaign for world domination. The author, a prominent public and political figure of the USSR, also relies on personal recollections, interviews with prominent generals of World War II, including I. Konev.

Developing the PLA critical care medicine is critical for advancing the level of battle wound treatment in the new era

Directory of Open Access Journals (Sweden)

Wei-qin LI

2017-04-01

Full Text Available Critical care medicine is an emerging unique specialty developed from the later 20th century, since then, it has been enriched with theoretical and practical experiences and becomes the most active subject in the field of clinical medicine. Critical care medicine of the PLA has attained significant achievements in the treatment and research of severe trauma, sepsis, severe heat stroke, multiple organ failure and severe acute pancreatitis. Besides, it stands in the leading position in the organ function maintenance of critically ill patients, continuous hemofiltration and nutrition support in China. Furthermore, critical care medicine plays an important role in the rescue of critically ill patients, medical support and disaster relief. As the relationship between battle wound rescue system and critical care medicine has been increasingly close, transition in the form of war in the new period brings new tasks to battle wound treatment constantly. Combined with the characteristics of information-oriented war condition in the future, developing the PLA critical care medicine and advancing the level of battle wound treatment in the new period point out the direction for the future work of critical care medicine. DOI: 10.11855/j.issn.0577-7402.2017.02.01

Revisiting the Battle of the Little Big Horn

National Research Council Canada - National Science Library

Burns, Matthew

2000-01-01

The Battle of the Little Big Horn has captured the interest of historians, scholars, and military enthusiasts since the day that over 200 United States soldiers under General George Armstrong Custer's...

Disappointed "Heirs" as a Socio-Legal Phenomenon

Directory of Open Access Journals (Sweden)

Daphna Hacker

2014-04-01

Full Text Available This paper focuses on the socio-legal characteristics of succession battles, drawn from a large-scale empirical study of contemporary inheritance and probate procedures and conflicts in Israel. The study shows that litigating disappointed "heirs", i.e. people who challenge the division of the estate because their inheritance hopes have been shattered, are an exception to the rule of undisputed probate and administration of estates. Moreover, the findings point to the will as a risk factor which allows disappointed "heirs" to approach the court, while legal disputes in intestate cases are even scarcer. Based on the findings, the paper also offers a typology of the relational triangles – between the deceased, the alleged heirs, and the disappointed "heirs" - which characterize most of the cases studied. This typology is correlated to the finding that most succession conflicts are not among nuclear family members, but among parties who are remote relatives or with no family relation. Finally, the study documents two dominant outcomes of succession battles: out-of-court compromises that do not respect the prima facie deceased's last wishes; and the irreversible destruction of relationships between siblings. The paper ends with a discussion of the sociological question concerning the possible increase or decrease of the phenomenon of disappointed "heirs", and of the legal implications of the study's findings. Este artículo se centra en las características sociojurídicas de las disputas de sucesión, obtenidas a partir de un estudio empírico a gran escala de los procedimientos contemporáneos de herencias y sucesiones y los conflictos en Israel. El estudio demuestra que los “herederos” decepcionados que litigan, es decir, las personas que cuestionan la división de los bienes porque no se han colmado sus expectativas, son una excepción a la regla de las sucesiones y administración de bienes sin disputas. Es más, los resultados apuntan al

The Gaugamela Battle Eclipse: An Archaeoastronomical Analysis

Science.gov (United States)

Polcaro, V. F.; Valsecchi, G. B.; Verderame, L.

A total lunar eclipse occurred during the night preceding the decisive Battle of Gaugamela (20th September 331 BCE), when the Macedonian army, led by Alexander the Great, finally defeated the Persian king Darius and his army. This astronomical event, well known to historians, had a relevant role on the battle outcome. The eclipse was described in detail by Babylonian astronomers, though, unfortunately, the text of their report has only partially been preserved. We have reconstructed the evolution of the phenomenon as it appeared to the observer in Babylonia, by using the positional astronomy code "Planetario V2.0". On the base of this reconstruction we suggest a number of integrations to the lost part of the text, allowing a finer astrological interpretation of the eclipse and of its influence on the mood of the armies that set against each other on the following morning.

The Battle of Gallipoli/Çanakkale was Ottoman Albanian and German

OpenAIRE

Mulaj, Isa

2015-01-01

The Battle of Gallipoli/Çanakkale or the Dardanelles Campaign as one of the greatest catastrophe of World War I (WWI) and major Axis victory, apart from Turkey, received little attention in the history textbooks of European countries until recently. It was most likely neglected because the Allies emerged victorious of WWI in aggregate terms. The belligerents from many nations in the Battle of Çanakkale, especially from the Balkans, ended up in the camp which they fought against – the victorio...

Legal socialization of personality as a phenomenon of legal psychology

Directory of Open Access Journals (Sweden)

Borisova S.E.

2017-01-01

Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

Support for the Confederate Battle Flag in the Southern United States: Racism or Southern Pride?

Directory of Open Access Journals (Sweden)

Joshua D. Wright

2017-05-01

Full Text Available Supporters of the Confederate battle flag often argue that their support is driven by pride in the South, not negative racial attitudes. Opponents of the Confederate battle flag often argue that the flag represents racism, and that support for the flag is an expression of racism and an attempt to maintain oppression of Blacks in the Southern United States. We evaluate these two competing views in explaining attitudes toward the Confederate battle flag in the Southern United States through a survey of 526 Southerners. In the aggregate, our latent variable model suggests that White support for the flag is driven by Southern pride, political conservatism, and blatant negative racial attitudes toward Blacks. Using cluster-analysis we were able to distinguish four distinct sub-groups of White Southerners: Cosmopolitans, New Southerners, Traditionalists, and Supremacists. The greatest support for the Confederate battle flag is seen among Traditionalists and Supremacists; however, Traditionalists do not display blatant negative racial attitudes toward Blacks, while Supremacists do. Traditionalists make up the majority of Confederate battle flag supporters in our sample, weakening the claim that supporters of the flag are generally being driven by negative racial attitudes toward Blacks.

Legal Reform, De-colonization and State-building in Palestine ...

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

Legal Reform, De-colonization and State-building in Palestine. Demands for legal reform have come from both inside and outside Palestine. Inside Palestine, legal reform is seen as a prerequisite for democracy and good governance. Outside, legal reform is perceived as integral to the continued peace process with Israel.

An Approach to Quantifying Pokemon's Entertainment Impact with focus on Battle

OpenAIRE

Panumate, Chetprayoon; Xiong, Shuo; Iida, Hiroyuki

2015-01-01

This paper explores the attractiveness of Pokemon which is a turn-based Role Playing Game (RPG) and has been very popular for the decades. In this study we focus on Pokemon battle which is the most important component in Pokemon. The game refinement theory is used as a tool to assess the degree of sophistication of Pokemon battle. For this purpose we apply two approaches of game progress modeling to derive game refinement measure, i.e., score limit sports approach and board game approach. We ...

The Battle of Algiers: A War of Liberation

Science.gov (United States)

Carter, Margaret

1971-01-01

The author describes the film, The Battle of Algiers," and suggests discussion ideas for a classroom analysis: emotional response; labels, e.g., enemy; responsibility; alternatives; justice; warfare and crime. Learning activities and resources are also suggested. (Author/JB)

The Battle between Battery and Fuel Cell Powered Electric Vehicles: A BWM Approach

Directory of Open Access Journals (Sweden)

Geerten van de Kaa

2017-10-01

Full Text Available The transition to a more sustainable personal transportation sector requires the widespread adoption of electric vehicles. However, a dominant design has not yet emerged and a standards battle is being fought between battery and hydrogen fuel cell powered electric vehicles. The aim of this paper is to analyze which factors are most likely to influence the outcome of this battle, thereby reducing the uncertainty in the industry regarding investment decisions in either of these technologies. We examine the relevant factors for standard dominance and apply a multi-criteria decision-making method, best worst method, to determine the relative importance of these factors. The results indicate that the key factors include technological superiority, compatibility, and brand reputation and credibility. Our findings show that battery powered electric vehicles have a greater chance of winning the standards battle. This study contributes to theory by providing further empirical evidence that the outcome of standards battles can be explained and predicted by applying factors for standard success. We conclude that technology dominance in the automotive industry is mostly driven by technological characteristics and characteristics of the format supporter.

The battle of Brokdorf

International Nuclear Information System (INIS)

Schulte, R.

1996-01-01

Defining notoriety, or the level of public agitation, continues to be a difficult venture. It was like this ten years ago, when construction of the Brokdorf Nuclear Power Station was completed. The controversial decisions in energy policy preceding the start of power operation are almost forgotten, or have been dismissed, by now. In the early eighties, newspaper archives reserved many meters of shelf space to these topics. In late 1982, the press coverage exceeded everybody's imagination. The archive of the HEW utility at that time held some 11,000 press clippings in 30 files, and this collection was far from being complete. After all, Brokdorf was a hot topic not only in Germany. News about Brokdorf was published all over the globe, in Australia, the United States, Argentina, and Alaska. It is hard to unterstand today why Brokdorf had such a catalytic action at that time, causing either complete rejection or raising the question whether a measure of energy policy once approved was to be upheld by politics. Yet, the protests launched at that time still read like instructions to anybody wanting to exploit emotions for purposes of shaping policy. Rarely has there been a similar case in the history of industry of a company polarized, politicized and, in certain phases, even paralyzed like this. This makes the 'Battle of Brokdorf' a fascinating, little known piece of contemporary controversial energy policy. (orig.) [de

76 FR 72025 - Noise Compatibility Program Notice for W.M. Kellogg Airport, Battle Creek, MI

Science.gov (United States)

2011-11-21

... for W.M. Kellogg Airport, Battle Creek, MI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION... exposure maps submitted by the City of Battle Creek, Michigan for W.K. Kellogg Airport under the provisions... noise compatibility program that was submitted for W.K. Kellogg Airport under part 150 in conjunction...

Battle Management Language capable Computer Generated Forces

NARCIS (Netherlands)

Bronkers, R.; Henderson, H.; Reus, N.M. de; Alstad, A.; Mevassvik, O.M.; Skogsrud, G.

2011-01-01

The development of Coalition Battle Management Language (C-BML) by SISO and its evaluation by the NATO MSG-085 task group and predecessor NATO MSG-048 has led Norway and the Netherlands to develop C-BML interfaces for their Command and Control Information Systems (C2ISs) NORTaC-C2IS and ISIS. FFI

Traditional Festivals to Become Legal Holidays

Institute of Scientific and Technical Information of China (English)

无

2007-01-01

@@ As nearly everyone knows already,the state is going to rearrange the schedule of legal holidays. The four traditional Chinese festivals, inluding Mid-Autumn Day, Dragon Boat Festival,Tomb-Sweeping Day and Spring Festival Eve, will be made into legal holidays. As for the Golden Week system, should it be continued or canceled?

Legal highs on the Internet.

Science.gov (United States)

Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

2010-02-01

This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

Battle Management as a Basic Air Force Doctrine Operational Function

National Research Council Canada - National Science Library

Rhone, Jon M

2008-01-01

According to JP 1-02, Department of Defense Dictionary of Military and Associated Terms, battle management is "The management of activities within the operational environment, based on the commands...

Lope and the Battle-Speech

Directory of Open Access Journals (Sweden)

Juan Carlos Iglesias-Zoido

2013-05-01

Full Text Available This article analyzes the way in which Lope de Vega conceives in his theater the pre-battle harangue, the most characteristic speech in ancient and renaissance historiography. Having this aim in mind, I have analyzed the role played by this type of speech in a group of plays dealing with historical and military subjects. These plays were written in a period when Lope was particularly interested in historical issues: La Santa Liga (1598-1603, Arauco domado (1599, El asalto de Mastrique (1595-1606 and Los Guanches de Tenerife (1604-1606.

John Pope - Failure at Second Battle of Bull Run

National Research Council Canada - National Science Library

Morio, Daniel

2002-01-01

Was the failure of the Army of Virginia at the Second Battle of Bull Run a result of General John Pope being a failure as a leader or were there other circumstances that helped him in his loss? Conclusion...

The Battle for Iron between Humans and Microbes.

Science.gov (United States)

Carver, Peggy L

2018-01-01

Iron is an essential micronutrient for bacteria, fungi, and humans; as such, each has evolved specialized iron uptake systems to acquire iron from the extracellular environment. To describe complex 'tug of war' for iron that has evolved between human hosts and pathogenic microorganisms in the battle for this vital nutrient. A review of current literature was performed, to assess current approaches and controversies in iron therapy and chelation in humans. In humans, sequestration (hiding) of iron from invading pathogens is often successful; however, many pathogens have evolved mechanisms to circumvent this approach. Clinically, controversy continues whether iron overload or administration of iron results in an increased risk of infection. The administration of iron chelating agents and siderophore- conjugate drugs to infected hosts seems a biologically plausible approach as adjunctive therapy in the treatment of infections caused by pathogens dependent on host iron supply (e.g. tuberculosis, malaria, and many bacterial and fungal pathogens); however, thus far, studies in humans have proved unsuccessful. Copyright© Bentham Science Publishers; For any queries, please email at epub@benthamscience.org.

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

Directory of Open Access Journals (Sweden)

Bilal Dewansyah

2015-08-01

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

The Battle for Okinawa: A Direct Approach for Direct Defeat

National Research Council Canada - National Science Library

Robling, Terry

1995-01-01

Throughout the fall of 1944 and early spring of 1945, the Japanese defenders of Okinawa prepared a defensive battle strategy that resulted in Japanese defeat and the most casualties for both forces...

True Stories of Censorship Battles in America's Libraries

Science.gov (United States)

Nye, Valerie, Ed.; Barco, Kathy, Ed.

2012-01-01

Intellectual freedom is a core value of librarianship, but fighting to keep controversial materials on the shelves can sometimes feel like a lonely battle. And not all censorship controversies involve the public objecting to a book in the collection--libraries are venues for displays and meetings, and sometimes library staff themselves are tempted…

Operationalizing Air-Sea Battle in the Pacific

Science.gov (United States)

2015-02-01

Joumall 25 \\/ FEATURE Ballard, Harysch, Cole, & Hall Operationalizing Ait’-Sea Battle in the Pacific tribes and nomadic marauders such as the...communications in general, the former focuses on the digital data links between different platforms. The original CSBA operational con- cept touches on this...very capable fourth-generation fighters; and it has fielded layers of upgraded and double- digit surface-to-air missile systems and antiaircraft

Battle Management Language: Proof of Principle and Future Developments

NARCIS (Netherlands)

Reus, N. M.de; Krom, P.P.J. de; Schade, U.; Pullen, J.M.

2008-01-01

The NATO Modeling and Simulation Group Technical Activity 048 (MSG-048) was chartered in 2006 to investigate the potential of a Coalition Battle Management Language (C-BML) for Multinational and NATO interoperation of command and control systems with Modeling and Simulation. At its May, 2007

Legal. Post-agenda gender battles.

Science.gov (United States)

Leach, Mark

2010-10-28

Comparable overall remuneration is not enough to protect employers from Equal Pay claims. Employers must ensure that they can provide legitimate reasons for any difference in remuneration structures, particularly when contrasting predominantly male roles with predominantly female roles.

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-01-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks. PMID:28502999

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis.

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-06-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks.

The Gunboat ‘Delgado Pareho’: Creation and Battle Path

Directory of Open Access Journals (Sweden)

Alejandro Anca Alamillo

2014-09-01

Full Text Available On the base of official data and archives, the battle path of the Spanish 3 class gunboat ‘Delgado Pareho’, previously ‘Dart’ yacht purchased in the USA in 1895, was restored. The shows the influence of the gunboat during the Spanish-American War.

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)

Legal Education: Critical of Contemporaneity

Directory of Open Access Journals (Sweden)

Patrícia Verônica Nunes Carvalho Sobral

2016-10-01

Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

The Battle Command Sustainment Support System: Initial Analysis Report

Science.gov (United States)

2016-09-01

products including jet fuels, distillate fuels, residual fuels, automotive gasoline , specified bulk lubricating oils, aircraft engine oils, fuel...contained within this report. 15. SUBJECT TERMS Mission command Software Tactical applications (TacApps) Command post ...computing environment (CPCE) Command post client Battle command sustainment support System (BCS3) Logistics

The Effects of Automation on Battle Manager Workload and Performance

National Research Council Canada - National Science Library

Soller, Amy; Morrison, John

2008-01-01

...) can moderate this degradation. The sources for this survey range from studies that describe the basic limits of human memory capacity to those that assess the number of battle managers needed to operate a partially automated missile defense system...

Virtual Close Quarter Battle (CQB) Graphical Decision Trainer

Science.gov (United States)

2002-09-01

leave a gap in what would traditionally be thought of as an ideal locomotion device. Research has shown that the introduction of vestibular cues in...NAVAL POSTGRADUATE SCHOOL Monterey, California THESIS VIRTUAL CLOSE QUARTER BATTLE (CQB) GRAPHICAL DECISION TRAINER by Jordan Reece...including suggestions for reducing this burden, to Washington headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson

Transforming the European legal order: The European Court of Justice at 60+

OpenAIRE

Guth, J

2016-01-01

The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the Member States. It briefly outlines the early case law which transformed the legal order, and the preliminar...

Legalizing physician-assisted suicide and/or euthanasia: Pragmatic implications

NARCIS (Netherlands)

Hudson, P.; Hudson, R.; Philip, J.; Boughey, M.; Kelly, B.; Hertogh, C.M.P.M.

2015-01-01

Objective: Despite the availability of palliative care in many countries, legalization of euthanasia and physician-assisted suicide (EAS) continues to be debated - particularly around ethical and legal issues - and the surrounding controversy shows no signs of abating. Responding to EAS requests is

The Confusion of the Battlefield. A New Perspective on the Tapestries of the Battle of Pavia (c. 1525-1531

Directory of Open Access Journals (Sweden)

Paredes, Cecilia

2014-12-01

Full Text Available This contribution is devoted to the tapestry cycle of the Battle of Pavia conserved at the Museo Capodimonte in Naples. Seven tapestries compose this prestigious tapestry set that commemorates the first military success of Charles V: the battle held in Pavia on 24 February 1525. Up to now the tapestries have been interpreted as independent panels representing different episodes of the battle. In this contribution we will show that the seven panels actually originated in one single design, which we rediscovered by assembling them in a different sequence. In fact, the panels provide a description of the battle in a fabulous and unique panoramic landscape: the most monumental siege city view ever conceived in the sixteenth century. This discovery not only changes our lecture of the tapestries, but also raises numerous questions that should be addressed in future studies.

On the other side of the battle: Russian nurses in the Crimean War.

Science.gov (United States)

Benson, E R

1992-01-01

One redeeming feature that emerged from the horrors of the Crimean War was the skilled and compassionate nursing care provided by women. The work of Florence Nightingale and her nurses with the British forces is a familiar story. What is less well-known is that the fighting forces on the other side of the battle lines also had their contingent of nurses who helped to alleviate the suffering of their sick and wounded. This paper discusses the events leading up to the organization of Russia's volunteer nurses who provided care on their side of the battle.

Minimally legally invasive dentistry.

Science.gov (United States)

Lam, R

2014-12-01

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

CASE STUDY: China — Young researchers battle poverty and ...

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

2010-12-14

Dec 14, 2010 ... CASE STUDY: China — Young researchers battle poverty and bureaucracy in rural China ... And the “three pig rule” is just one example of the problems the local people ... Revenues were applied to system maintenance and all financial ... The researchers, of course, were trained in science, fieldwork, and ...

Islam’s First Arrow: The Battle of Badr as a Decisive Battle in Islamic History and Its Significance Today

Science.gov (United States)

2011-06-01

of the Bible “eye-for-an-eye” mentality may have contributed to the political instability and rampant tribal infighting so common during this period...Khaybar (Betrayal), Battle of Karbala (Noble Sacrifice), Shaytan’s ( Satan ) Handiwork, (Ruse), Seventy-two Virgins (Noble Sacrifice), Mahdi (Deliverance...Publishing: 2004. http://www.intelcenter.com/Badr-al-Riyadh- v1-1. pdf Armstrong, Karen. Muhammad: A Prophet For Our Time. New York: Harper Collins, 2006

The battle of Gallipoli: The politics of remembering and forgetting in Turkey

Directory of Open Access Journals (Sweden)

Yücel Yanıkdağ

2015-02-01

Full Text Available Differences in the competing versions of public memory for the Battle of Gallipoli have become more pronounced as we approach 18 March 2015 (in Turkey 18 March, the naval battle, marks the anniversary, not the landing of 25 April. For many decades, the official nationalist narrative portrayed Gallipoli as a “rehearsal” for or even as part of the War of Independence (1919-1922.  The victory was due almost solely to the military genius of Mustafa Kemal. This public memory might have been dominant for decades, but competing versions also developed. This article will largely deal with what can be called the Islamized or “religionised” memory of Gallipoli.  For some who adhere to this view, Gallipoli is where the “Turkish” soldier stopped the last Crusaders. For others, their version of the battle does not include Mustafa Kemal. Yet, both sides have something in common as they prepare to celebrate the victory. Both the nationalist and the Islamist memories ignore the possible connections to another event which is remembered on 24 April, the day before the Entente landing in Gallipoli: the order given for the deportation of Anatolian Armenians. The “celebration” for one is likely to overwhelm the remembrance and mourning of the other.

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.

"God save us from psychologists as expert witnesses": the battle for forensic psychology in early twentieth-century Germany.

Science.gov (United States)

Wolffram, Heather

2015-11-01

This article is focused on the jurisdictional battle between psychiatrists and psychologists over psychological expertise in legal contexts that took place during the first decades of the 20th century. Using, as an example, the debate between the psychologist William Stern, the psychiatrist Albert Moll, and the jurist Albert Hellwig, which occurred at the International Congress for Sexual Research held in Berlin in 1926, it aims to demonstrate the manner in which psychiatrists' responses to psychologists' attempts to gain admittance to Germany's courtrooms were shaped not only by epistemological and methodological objections, but also by changes to expert witnessing that had already encroached on psychiatrists' professional territory. Building upon recent work examining the relationship between psychologists and jurists prior to the First World War, this article also seeks to examine the role of judges and lawyers in the contest over forensic psychology in the mid-1920s, arguing that they ultimately became referees in the increasingly public disputes between psychiatrists and psychologists. (c) 2015 APA, all rights reserved).

Interface Heuristics and Style Guide Design: An Air Battle Management Case Study

National Research Council Canada - National Science Library

Nelson, W. T; Bolia, Robert S

2005-01-01

This paper describes the development of a human-machine interface style guide designed to promote a common look and feel among operator interfaces employed by air battle managers in the United States...

The Airpower Tenet of Centralized Control From Organizational and Battle Management Perspectives

National Research Council Canada - National Science Library

Depalmer, Steven

1997-01-01

.... The tenet is examined from both an organizational and a battle management aspect. The organizational aspect refers to the command and procedural arrangements that permit a Joint Forces Air Component Commander (JFACC...

The battle for meaning: A cross-national film reception analysis of The Battle Cry of Peace in Switzerland and the Netherlands during World War I

NARCIS (Netherlands)

de Zwaan, K.; gerber, adrian

2016-01-01

This article offers a cross-national analysis of the historical reception of the American war film The Battle Cry of Peace (J. Stuart Blackton and Wilfred North/Vitagraph, 1915) in the neutral countries of the Netherlands and Switzerland during World War I. Treating propaganda as a mode de lecture,

Colonel Joseph J. Reynolds and the Saint Patrick's Day Celebration on Powder River Battle of Powder River (Montana, 17 March 1876)

National Research Council Canada - National Science Library

Hedegaard, Michael

2001-01-01

The Battle of Powder River occurred on 17 March 1876 in southeastern Montana. Historians and researchers have consistently overlooked the importance of this battle on the outcome of the Great Sioux War of 1876. Colonel Joseph J...

78 FR 68699 - Establishment of Class E Airspace; Battle Mountain, NV

Science.gov (United States)

2013-11-15

...) navigation aid, Battle Mountain, NV. A favorable comment from the National Business Aviation Association...-4537. SUPPLEMENTARY INFORMATION: History The FAA published a final rule in the Federal Register... Final Rule Accordingly, pursuant to the authority delegated to me, the description under the History...

Development of legal environment for Rosatom Corporation

International Nuclear Information System (INIS)

El'fimova, T.L.

2012-01-01

The scope of legal and regulatory work within the Corporation Rosatom is characterized with the large number of legal acts that have been developed and adopted under the initiative of the Corporation Rosatom that aim to address objectives associated with the advancement of the nuclear energy of Russia. The rapidly expanding industry requires their continuous development and improvement. The tasks and problems of legislation pertaining to use of nuclear energy and safety regulation are discussed in the paper [ru

Economic and Legal Aspects of Electronic Money

OpenAIRE

Otakar Schlossberger

2016-01-01

The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant infl...

Enacting Informal Science Learning: Exploring the Battle for Informal Learning

Science.gov (United States)

Clapham, Andrew

2016-01-01

Informal Science Learning (ISL) is a policy narrative of interest in the United Kingdom and abroad. This paper explores how a group of English secondary school science teachers, enacted ISL science clubs through employing the Periodic Table of Videos. It examines how these teachers "battled" to enact ISL policy in performative conditions…

Dictatorship of Virtue: Multiculturalism and the Battle for America's Future.

Science.gov (United States)

Bernstein, Richard

This book addresses the issue of multicultural education and the political battles waged over it in U.S. schools. The volume examines the perspectives of both advocates and critics and applauds the true meaning of multiculturalism equality of opportunity and social justice. The fear is there is pulling away from certain cultural norms…

Adding Reports to Coalition Battle Management Language for NATO MSG-048

NARCIS (Netherlands)

Pullen, J.M.; Corner, D.; Singapogo, S.S.; Clarc, N.; Cordonnier, N.; Menane, M.; Khimeche, L.; Mevassvik, O.M.; Alstad, A.; Schad, U.; Frey, M.; Reus, N. M. de; Krom, P.P.J. de; Grand, N.P. le; Brook, A.

2009-01-01

The NATO Modeling and Simulation Group Technical Activity 48 (MSG-048) was chartered in 2006 to investigate the potential of a Coalition Battle Management Language for multinational and NATO interoperation of command and control systems with modeling and simulation. Its initial work in defining and

Marijuana Legalization: Impact on Physicians and Public Health.

Science.gov (United States)

Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

Culture and Remembrance of War: the Battle of Vukovar and Its Social Repercussions

Directory of Open Access Journals (Sweden)

Mateo Žanić

2016-08-01

of remembrance, especially the verdicts for the “Vukovar Three”(V. Šljivančanin, M. Mrkšić and M. Radić. However, when Generals A. Gotovina and M. Markač were acquitted of war crimes on 16 November 2012, many concluded that Croatia won the legal war as well, and that the truth about the aggressors and victims was finally confirmed. In the third stage, after 2013, the main aspect of the remembrance culture is the discussion of the importance of the Battle of Vukovar for national identity and inside politics. The results of the 2011 Census showed that there were 34.9% of Serbs in Vukovar. The representatives of the Independent Democratic Serb Party demanded to be allowed to use Serbian language and the Cyrillic alphabet on the basis of that data. That caused debates in Croatian public, because it meant that the city that had been occupied until 1998, would again have street names in Cyrillic. That led to disagreements about the implementation of The Constitutional Act on The Rights of National Minorities in the Republic of Croatia in Vukovar. The attention was mostly focused on the valuation of heroic deeds and victim suffering in the Croatian War of Independence in comparison to other national goals. The division was especially noticeable during the memorial service for the Vukovar Remembrance Day in 2013. Vukovar then became an important part of the national identity and politics, where one side believed that the biggest problem was the lack of respect towards the victims, while the other side was more concerned about the fact that the civil rights of minorities were not respected. This period is predominated by the tension surrounding the rutinization of memory. Rutinization is a process predominated by debates about whether one historical event should be reconstructed using facts and given over to institutions, or it should get wider symbolic value, important for formation or preservation of the group’s opinion about itself. Some of the participants

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.

The face of war: Trauma analysis of a mass grave from the Battle of Lützen (1632.

Directory of Open Access Journals (Sweden)

Nicole Nicklisch

Full Text Available Contemporary accounts of battles are often incomplete or even erroneous because they reflect the-often biased-viewpoints of the authors. Battlefield archaeology faces the task of compiling an historical analysis of a battle and of gathering all the available facts. Besides cultural historical evidence and artefacts, the human remains of those who have fallen in battle also provide invaluable information. In studying mass graves from a military context, the injury types and patterns are significant. They allow us to reconstruct the circumstances surrounding the soldiers' deaths and provide information on the hostilities that occurred on the battlefield. One such mass grave was discovered in 2011 at Lützen, Saxony-Anhalt (Germany. Based on its geographical location and on the results obtained from archaeological examinations carried out in the area, the grave could be dated to the Thirty Years War (1618-1648. Further archaeological research confirmed that the dead had been soldiers from the Battle of Lützen (1632. The mass grave was block-lifted and then comprehensively examined at the State Museum of Prehistory in Halle (Saale. As well as osteological examinations to determine age, sex, height, state of health, i.e. diseases or injuries, imaging methods were also employed and histological and isotopic analyses carried out. The focus of this study was on the injuries sustained by the soldiers both prior to and during the battle. The results revealed that the 47 deceased had been between the ages of 15 and 50 when they died. Numerous healed injuries showed that the men had often been involved in violent encounters. Approximately three in every four soldiers had injuries that could have been fatal. Wounds inflicted by handguns, particularly to the skull, were predominant. The integrative analysis of the archaeological and anthropological data allowed us to conclude that the majority had been killed during a cavalry attack.

A Goddess for semiotics of law and legal discourse

Directory of Open Access Journals (Sweden)

Jan M. Broekman

2011-12-01

Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on

77 FR 46283 - Amendment of Class E Airspace; Battle Creek, MI

Science.gov (United States)

2012-08-03

...) Standard Instrument Approach Procedures at W.K. Kellogg Airport. The airport's geographic coordinates also... controlled airspace at W.K. Kellogg Airport (77 FR 29918) Docket No. FAA-2011-1110. Interested parties were... instrument approach procedures at W.K. Kellogg Airport, Battle Creek, MI. This action is necessary for the...

battle on the lomba, 1987 the day a south african armoured battalion

African Journals Online (AJOL)

plt

navigate between perceptions and reality and to find the truth in the debate about ... such, the book focuses mostly on major events and actions augmented by ... mobile battle in the dense bushes of Angola in the absence of air superiority and.

Which role for nuclear power in the battle against global warming?

International Nuclear Information System (INIS)

Jean-Baptiste, Ph.; Ducroux, R.

2000-01-01

The climatic impact of massive releases of carbon dioxide from the burning of fossil fuels has become a major international issue. Atmospheric CO 2 concentration continually increases. At the present rate, it is predicted that by 2040 it will have doubled with respect to its pre-industrial level. In a growing world economy, now dependent on fossil fuels for 90% of its energy, only a drastic change in energy policy involving extensive use of CO 2 -free energies can make it possible to stabilize atmospheric CO 2 levels. With 35 % of its primary energy from nuclear reactors, France sets a good example for the greenhouse gas reduction. Using this energy has resulted in a 20% reduction in releases since 1973. During the same period, world emissions have increased by 45%. In view of the French experience in 25 years of managing a large number of nuclear reactors in respecting safety requirements and environmental impact, it appears that nuclear energy has an important role to play in the battle against greenhouse gases. (authors)

Musculoskeletal disorders in main battle tank personnel

DEFF Research Database (Denmark)

Nissen, Lars Ravnborg; Guldager, Bernadette; Gyntelberg, Finn

2009-01-01

PURPOSE: To compare the prevalence of musculoskeletal disorders of personnel in the main battle tank (MBT) units in the Danish army with those of personnel in other types of army units, and to investigate associations between job function in the tank, military rank, and musculoskeletal problems......, and ankle. RESULTS AND CONCLUSIONS: There were only 4 women in the MBT group; as a consequence, female personnel were excluded from the study. The participation rate was 58.0% (n = 184) in the MBT group and 56.3% (n = 333) in the reference group. The pattern of musculoskeletal disorders among personnel...

The ultimate solution to the quantum Battle of the Sexes game

International Nuclear Information System (INIS)

Frackiewicz, Piotr

2009-01-01

We present the unique solution to the quantum Battle of the Sexes game. We show the best result to be achieved when the game is played according to Marinatto and Weber's scheme. The result which we put forward does not surrender the criticism of previous works on the same topic.

Long-term impact of battle injuries; five-year follow-up of injured Dutch servicemen in Afghanistan 2006-2010.

Directory of Open Access Journals (Sweden)

Rigo Hoencamp

Full Text Available OBJECTIVES: Units deployed to armed conflicts are at high risk for exposure to combat events. Many battle casualties (BCs have been reported in the recent deployment to Afghanistan. The long-term impact of these combat injuries, at their five-year end point, is currently unknown. To date, no systematic inventory has been performed of an identified group of BCs in comparison to non-injured service members from the same operational theatre. DESIGN: Observational cross-sectional cohort study. SETTING: Open online survey among Dutch BCs that deployed to Afghanistan (2006-2010. PARTICIPANTS: The Dutch BCs (n = 62 were compared to two control groups of non-injured combat groups (battle exposed [n = 53], and non-battle exposed [n = 73]. MAIN OUTCOME MEASURES: Participants rated their impact of trauma exposure (Impact of Events [IES], post deployment reintegration (Post Deployment Reintegration Scale [PDRS], general symptoms of distress (Symptom Checklist 90 [SCL-90], as well as their current perceived quality of life (EuroQol-6D [EQ-6D]. Also cost effectiveness (Short From health survey [SF-36] and care consumption were assessed (Trimbos/iMTA questionnaire. RESULTS: Over 90% of BCs were still in active duty. The mean scores of all questionnaires (IES, EQ-6D, SF-36, and SCL-90 of the BC group were significantly higher than in the control groups (p<0.05. The PDRS showed a significantly lower (p<0.05 outcome in the negative subscales. The mean consumption of care was triple that of both control groups. A lower score on quality of life was related to higher levels of distress and impact of trauma exposure. CONCLUSIONS: This study showed a clear long-term impact on a wide range of scales that contributes to a reduced quality of life in a group of BCs. Low perceived cost effectiveness matched with high consumption of care in the BC group in comparison to the control groups. These results warrant continuous monitoring of BCs.

Marijuana Legalization: Impact on Physicians and Public Health

Science.gov (United States)

Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

[THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

Science.gov (United States)

Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

2018-04-01

Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

Evidence Supporting Broader Access To Safe Legal Abortion

OpenAIRE

Faundes; Anibal; Shah; Iqbal H.

2016-01-01

Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal con...

Battle Experience; Solomon Islands Actions Information. Bulletin Number 4

Science.gov (United States)

1942-11-01

IS SECONDARY TO TOR- PEDOES . THE FOUR DESTROYERS IN THE REAR COULD HAVE BEEN MORE EFFECTIVELY EMPLOYED IN THE VAN CONCENTRATED WITH THE OTHER...PROPERLY. THEY SHOULD BE USED OFFENSIVELY. THEIR TOR­ PEDOES ARE THEIR PRIMARY WEAPONS AND SHOULD BE USED PROPERLY AT EVERY OPPORTUNITY. Shortly after...is out in guns #4 and #5 but they still have power and battle lighting. All safety links on the torpedoes failed. Three torpedoes slid out of #1

A Belief Network Decision Support Method Applied to Aerospace Surveillance and Battle Management Projects

National Research Council Canada - National Science Library

Staker, R

2003-01-01

This report demonstrates the application of a Bayesian Belief Network decision support method for Force Level Systems Engineering to a collection of projects related to Aerospace Surveillance and Battle Management...

Physical Training Program Guidelines for U.S. Navy Recruits: Preparing Recruits for Battle Stations

National Research Council Canada - National Science Library

Trone, D

1999-01-01

...) a directive instructing RDCs to ensure that the physical conditioning program for women is sufficient to prepare them for successful completion of the final physical readiness test and Battle Stations...

Towards Computing the Battle for Hearts and Minds: Lessons from the Vendée

Science.gov (United States)

Hurwitz, Roger

We analyze the conditions and processes that spawned a historic case of insurgency in the context of regime change. The analysis is an early step in the development of formal models that capture the complex dynamics of insurgencies, resistance and other conflicts that are often characterized as "battles for hearts and minds" (henceforth BHAM). The characterization, however, flattens the complexities of the conflict. It suggests bloodless engagements where victories come from public relations and demonstration projects that foster positive attitudes among a subject population. Officials conducting these battles sometimes use the label to mask their ignorance of the complexities and sometimes with the intention of minimizing their difficulties in dealing with them. Modeling can therefore be a constructive step in overcoming their impoverished thinking.

The battle of Britain - as it really was | Esterhuyse | Scientia Militaria ...

African Journals Online (AJOL)

Scientia Militaria: South African Journal of Military Studies. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 20, No 4 (1990) >. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register. The battle of Britain - as it really ...

Two Approaches to Developing a Multi-Agent System for Battle Command Simulation

NARCIS (Netherlands)

Løvlid, R.A.; Alstad, A.; Mevassvik, O.M.; Reus, N.M. de; Henderson, H.C.; Vecht, B.van der; Luik, T.T.

2013-01-01

In the military, Command and Control Information Systems (C2ISs) are used for issuing commands to subordinate units. In training or decision support, simulations are used instead of live military forces. The Coalition Battle Management Language (C-BML) is currently being developed as an interface

Effects of social support and battle intensity on loneliness and breakdown during combat.

Science.gov (United States)

Solomon, Z; Mikulincer, M; Hobfoll, S E

1986-12-01

A sample of 382 Israeli soldiers who developed combat stress reactions (CSR) during the 1982 Israel-Lebanon War were compared with groups of carefully matched controls who did not develop CSR. Lack of social support from officers was found to be related to greater feelings of loneliness and greater likelihood of CSR in soldiers. Lack of social support from buddies was found to be related to greater loneliness. Intensity of battle was also found to be related to greater feelings of loneliness and increased likelihood of CSR. A path model was tested and supported. The model suggests that battle intensity and officer support lead to CSR directly and indirectly by causing increased feelings of loneliness. Possible cognitive and psychodynamic explanations for the findings are offered. The limitations of making causal statements from retrospective perceptions is discussed.

Defeating Mechanisms of Armours for Main Battle Tanks

Institute of Scientific and Technical Information of China (English)

Manfred Held

2005-01-01

The fundamental protection principles of the new armours for main battle tanks against kinetic energy projectiles (KE) and chemical energy weapons (CE)--shaped charges are shortly described and their efficiency against both threats discussed. The armour topics can be split into: "perpendicular or zero-degree armours", such as rolled homogeneous armour (RHA), also with extremely high strength, ceramics, glass, liquid filled columns and explosive filled cells,"inclined armours", as spaced RHA plates with their corner effects, bulging armour, additive and integrated explosive reactive armours (ERA) and "hard kill active defence possibilities" in different defeating distances.

Global comparison of warring groups in 2002-2007: fatalities from targeting civilians vs. fighting battles.

Science.gov (United States)

Hicks, Madelyn Hsiao-Rei; Lee, Uih Ran; Sundberg, Ralph; Spagat, Michael

2011-01-01

Warring groups that compete to dominate a civilian population confront contending behavioral options: target civilians or battle the enemy. We aimed to describe degrees to which combatant groups concentrated lethal behavior into intentionally targeting civilians as opposed to engaging in battle with opponents in contemporary armed conflict. We identified all 226 formally organized state and non-state groups (i.e. actors) that engaged in lethal armed conflict during 2002-2007: 43 state and 183 non-state. We summed civilians killed by an actor's intentional targeting with civilians and combatants killed in battles in which the actor was involved for total fatalities associated with each actor, indicating overall scale of armed conflict. We used a Civilian Targeting Index (CTI), defined as the proportion of total fatalities caused by intentional targeting of civilians, to measure the concentration of lethal behavior into civilian targeting. We report actor-specific findings and four significant trends: 1.) 61% of all 226 actors (95% CI 55% to 67%) refrained from targeting civilians. 2.) Logistic regression showed actors were more likely to have targeted civilians if conflict duration was three or more years rather than one year. 3.) In the 88 actors that targeted civilians, multiple regressions showed an inverse correlation between CTI values and the total number of fatalities. Conflict duration of three or more years was associated with lower CTI values than conflict duration of one year. 4.) When conflict scale and duration were accounted for, state and non-state actors did not differ. We describe civilian targeting by actors in prolonged conflict. We discuss comparable patterns found in nature and interdisciplinary research. Most warring groups in 2002-2007 did not target civilians. Warring groups that targeted civilians in small-scale, brief conflict concentrated more lethal behavior into targeting civilians, and less into battles, than groups in larger

Battle for the Enlightenment: Neoliberalism, Critical Theory and the Role of Circumvential Education in Fostering a New Phase of the Enlightenment

Science.gov (United States)

Letizia, Angelo

2013-01-01

Higher education is one of the last democratic institutions in society and it is currently under attack by advocates of neo-liberalism. The purpose of this paper is to illustrate how this "battle" can be framed as a battle over the direction of the Enlightenment. Critical Theory and neoliberalism both emerged from academia in response to…

Battle Staff Training System II: Computer-Based Instruction Supporting the Force XXI Training Program

National Research Council Canada - National Science Library

Wampler, Richard

1998-01-01

This report documents the methodology and lessons learned in the development of the Innovative Tools and Techniques for Brigade and Below Staff Training II - Battle Staff Training System II (ITTBBST-BSTS II...

Application of Coalition Battle Management Language (C-BML) and C-BML Services to Live, Virtual, and Constructive (LVC) Simulation Environments

Science.gov (United States)

2011-12-01

Schade et al 2010), Joint Battle Management Lan - guage (JBML) (Levine et al 2007), Integrated Battle Management Language (IBML), and NATO Model...the format and content of an XML document containing C-BML expressions conform to the lan - guage specification described by the XML schema). Furthermore...loosely based on the Open Systems Interconnection ( OSI ) stack and the Transmission Control Protocol / Internet Protocol (TCP/IP) model, which

Battling Obesity with Quality Elementary Physical Education: From Exposure to Competence

Science.gov (United States)

Bott, Timothy S.; Mitchell, Murray

2015-01-01

Sedentary behaviors contribute to the obesity epidemic in this country and physical educators can play an important role in the battle to improve the quality of life of our citizens. Motor skill competency is a substantive factor in a person's decision to be active or not, and a quality physical education program can tip the balance in favor of…

Economic and Legal Aspects of Electronic Money

Directory of Open Access Journals (Sweden)

Otakar Schlossberger

2016-06-01

Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

The Priority Measures on the Restoration of Stalingrad Region after the End of the Battle on the Volga

Directory of Open Access Journals (Sweden)

Olesya A. Gomanenko

2018-02-01

Full Text Available This paper is devoted to the study of the Stalingrad Group of Troops. That military division was created after the end of the Battle of Stalingrad. The the Group’s creation was aimed at rest and training of the soldiers and officers who had left bloody battles to prepare them for the further military operations. For the first time in the Great Patriotic War the Group faced the practical challenge to help the civil authorities and administration to restore the economy and infrastructure of the region including the network of river lines, railways and highways. The Stalingrad Group of Troops had to carry out mine clearing of the area of military operations, to participate in collecting trophies, burial of the remains of fallen soldiers. Process of mine clearing was assigned to engineering parts of the 62nd, 64th, 66th armies. Four engineering and mine crews, two specialized battalions and one company, staff of Osoaviakhim, Management of People’s Commissariat for Internal Affairs were connected. The volume of the required works was considerable. The special plan was prepared, the territory was differentiated, terms were determined. During interrogations new developments of the German designers – mines, radio-controlled from Hamburg, and the jumping mines were found. Work on mine clearing of the district and collecting explosive objects continued during the whole reconstruction period. Activity of the Stalingrad Group of Troops allowed earlier beginning of the main reconstruction work in the city and the region.

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.

Video Game Accessibility: A Legal Approach

Directory of Open Access Journals (Sweden)

George Powers

2015-02-01

Full Text Available Video game accessibility may not seem of significance to some, and it may sound trivial to anyone who does not play video games. This assumption is false. With the digitalization of our culture, video games are an ever increasing part of our life. They contribute to peer to peer interactions, education, music and the arts. A video game can be created by hundreds of musicians and artists, and they can have production budgets that exceed modern blockbuster films. Inaccessible video games are analogous to movie theaters without closed captioning or accessible facilities. The movement to have accessible video games is small, unorganized and misdirected. Just like the other battles to make society accessible were accomplished through legislation and law, the battle for video game accessibility must be focused toward the law and not the market.

Battles and Borders. : Perspectives on Cultural Transmission and Literature in Minor Language Areas

NARCIS (Netherlands)

Broomans, Pieternella; Jensma, Goffe; Jiresch, Esther; Klok, Janna; van Elswijk, Roald

2015-01-01

Battles and Borders. Perspectives on Cultural Transmission and Literature in Minor Language Areas is about literature on the fringes of Europe. The authors all discuss the often unique ways in which literary history and cultural transfer function in peripheral and central regions against the

Which Battle of the Somme? War and neutrality in Dutch cinemas, 1914-1918

NARCIS (Netherlands)

Dibbets, K.; Groot, W.

2010-01-01

While the Netherlands tried to maintain neutrality during World War I, the belligerent nations watched the country and its public opinion closely. At the same time, the French, English, and German authorities used propaganda to influence Dutch public opinion. The famous documentary film The Battle

Calculation of three proposals in the framework of the Green Tax Battle

International Nuclear Information System (INIS)

Schroten, A.

2011-09-01

In the Green Tax Battle a team of professors, a team of professional accountants and a team of social and environmental organizations compete with each other to present the most effective and innovative proposal for a further greening of the tax system in the Netherlands. The emphasis is on commuter traffic. [nl

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....

The battle between battery and fuel cell powered electric vehicles : A BWM approach

NARCIS (Netherlands)

van de Kaa, G.; Scholten, D.J.; Rezaei, J.; Milchram, C.

2017-01-01

The transition to a more sustainable personal transportation sector requires the widespread adoption of electric vehicles. However, a dominant design has not yet emerged and a standards battle is being fought between battery and hydrogen fuel cell powered electric vehicles. The aim of this paper

The Battle of Orsha – court propaganda or chivalric epic? (English version

Directory of Open Access Journals (Sweden)

Hucul, Volodymyr

2014-07-01

Full Text Available The Battle of Orsha, part of the collection of the National Museum in Warsaw, an example of panel painting (1525–1535, is of paramount importance for the study of the military, as well as for the research in art history, material history, and the history of political and military elites of Central-Eastern Europe during the Renaissance. The article describes the ways Ruthenian and Lithuanian-Polish elites used material and intellectual products of chivalric culture, and tackles the problem of documentary and propagandist role of visual narrative. Since the publication of works by David Freedberg and Peter Burke the necessity to recreate the context of making, functioning, and reception of images has become evident. Daniel Arasse has further expanded methodological tools of this type of research. However, there are still numerous artworks whose historical and social context has either remained untouched by research, or has been researched insufficiently. Repeatedly, it has led to misinterpretations of such artworks in spite of their major position in culture. The Battle of Orsha is a spectacular example of this process.

Global comparison of warring groups in 2002-2007: fatalities from targeting civilians vs. fighting battles.

Directory of Open Access Journals (Sweden)

Madelyn Hsiao-Rei Hicks

Full Text Available BACKGROUND: Warring groups that compete to dominate a civilian population confront contending behavioral options: target civilians or battle the enemy. We aimed to describe degrees to which combatant groups concentrated lethal behavior into intentionally targeting civilians as opposed to engaging in battle with opponents in contemporary armed conflict. METHODOLOGY/PRINCIPAL FINDINGS: We identified all 226 formally organized state and non-state groups (i.e. actors that engaged in lethal armed conflict during 2002-2007: 43 state and 183 non-state. We summed civilians killed by an actor's intentional targeting with civilians and combatants killed in battles in which the actor was involved for total fatalities associated with each actor, indicating overall scale of armed conflict. We used a Civilian Targeting Index (CTI, defined as the proportion of total fatalities caused by intentional targeting of civilians, to measure the concentration of lethal behavior into civilian targeting. We report actor-specific findings and four significant trends: 1. 61% of all 226 actors (95% CI 55% to 67% refrained from targeting civilians. 2. Logistic regression showed actors were more likely to have targeted civilians if conflict duration was three or more years rather than one year. 3. In the 88 actors that targeted civilians, multiple regressions showed an inverse correlation between CTI values and the total number of fatalities. Conflict duration of three or more years was associated with lower CTI values than conflict duration of one year. 4. When conflict scale and duration were accounted for, state and non-state actors did not differ. We describe civilian targeting by actors in prolonged conflict. We discuss comparable patterns found in nature and interdisciplinary research. CONCLUSIONS/SIGNIFICANCE: Most warring groups in 2002-2007 did not target civilians. Warring groups that targeted civilians in small-scale, brief conflict concentrated more lethal

Advanced radiographic practice - the legal aspects

International Nuclear Information System (INIS)

Alderson, C.J.; Hogg, P.

2003-01-01

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

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.

Light Infantry: A Tactical Deep Battle Asset for Central Europe.

Science.gov (United States)

1985-12-02

that overview siptgficant lessons will be extracted with a view toward modern day applicability. A brief review of current capabilities for U. S. o...Genral Boldin wrote about a forty-five day operation in the enemy’s rear in which he establisad caummications with friendly forces and was able to...between the lessons extracted above n the hb fits of deep battle operations identified by LT Holder. lie contends that the principal benefLts of d v-p

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

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...

On lifting the fog of war in the battle on heart disease: Star Wars technology in pursuit of a seamless integration strategy.

Science.gov (United States)

Espinosa, J A; Kosnik, L K; Kraitsik, M; Dillow, J C

1997-01-01

In our efforts to reduce cardiac morbidity and mortality we often use terms such as the "battle" or "war" on heart disease. If we believe efforts to reduce cardiac disease are the moral equivalent of war, then perhaps we should explore ways that military strategic and tactical metaphors can be applied through technology to the cardiac battle. In this article we explore three major areas for technological advancement: adaptation of the strategies of outcomes management and evidence-based medicine, computer simulation and animation efforts to create horizontal and vertical integration of strategic efforts, and use of interactive multimedia in "recruiting an army" through community empowerment. The overall goal is to find ways to lift "the fog of war" in the battle on heart disease, in order to further the integration of our various efforts.

Psychotropics without borders: ethics and legal implications of internet-based access to psychiatric medications.

Science.gov (United States)

Klein, Carolina A

2011-01-01

Medical practitioners are revisiting many of the ethics and the legal implications surrounding the clinical frameworks within which we operate. In today's world, distinguishing between virtual and physical reality continues to be increasingly difficult. The physician may be found grappling with the decision of whether to continue to treat a patient who may be obtaining psychotropic medications through the Internet. This article approaches some of the clinical and legal implications and the ethics regarding the availability of prescription psychotropics over the Internet.

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

The battle for centre stage: Women's football in South Africa

DEFF Research Database (Denmark)

Engh, Mari Haugaa

2010-01-01

From when the first official South African Women's National Football team was established in 1993, Banyana Banyana have been 'making it happen' for women's football in South Africa. National team players have become inspirational icons and role models for thousands of South African women and girl....... Highlighting examples of battles for power and leadership, homophobic attitudes and attempts to feminise the bodies of women footballers, this Focus illustrates the hard fought victories and disappointing losses in the history of South African women's football....

Food irradiation. An update of legal and analytical aspects

International Nuclear Information System (INIS)

Masotti, P.; Zonta, F.

1999-01-01

A new European directive concerning ionising radiation treatment of foodstuffs has been recently adopted, although National laws may continue to be applied at least until 31 December 2000. A brief updated review dealing with the legal and analytical aspects of food irradiation is presented. The legal status of the food irradiation issue presently in force in Italy, in the European Union and in the USA is discussed. Some of the most used and reliable analytical methods for detecting irradiated foodstuffs, with special reference to standardised methods of European Committee of Standardization, are listed [it

Concept Of The Legal System Analysis

Directory of Open Access Journals (Sweden)

Petr E. Zhigockiy

2015-03-01

Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

Global Comparison of Warring Groups in 2002–2007: Fatalities from Targeting Civilians vs. Fighting Battles

Science.gov (United States)

Hicks, Madelyn Hsiao-Rei; Lee, Uih Ran; Sundberg, Ralph; Spagat, Michael

2011-01-01

Background Warring groups that compete to dominate a civilian population confront contending behavioral options: target civilians or battle the enemy. We aimed to describe degrees to which combatant groups concentrated lethal behavior into intentionally targeting civilians as opposed to engaging in battle with opponents in contemporary armed conflict. Methodology/Principal Findings We identified all 226 formally organized state and non-state groups (i.e. actors) that engaged in lethal armed conflict during 2002–2007: 43 state and 183 non-state. We summed civilians killed by an actor's intentional targeting with civilians and combatants killed in battles in which the actor was involved for total fatalities associated with each actor, indicating overall scale of armed conflict. We used a Civilian Targeting Index (CTI), defined as the proportion of total fatalities caused by intentional targeting of civilians, to measure the concentration of lethal behavior into civilian targeting. We report actor-specific findings and four significant trends: 1.) 61% of all 226 actors (95% CI 55% to 67%) refrained from targeting civilians. 2.) Logistic regression showed actors were more likely to have targeted civilians if conflict duration was three or more years rather than one year. 3.) In the 88 actors that targeted civilians, multiple regressions showed an inverse correlation between CTI values and the total number of fatalities. Conflict duration of three or more years was associated with lower CTI values than conflict duration of one year. 4.) When conflict scale and duration were accounted for, state and non-state actors did not differ. We describe civilian targeting by actors in prolonged conflict. We discuss comparable patterns found in nature and interdisciplinary research. Conclusions/Significance Most warring groups in 2002–2007 did not target civilians. Warring groups that targeted civilians in small-scale, brief conflict concentrated more lethal behavior into

Legal aspects of storing CO2. Update and recommendations

Energy Technology Data Exchange (ETDEWEB)

NONE

2007-06-21

CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

[War Relief of Japanese Red Cross Nurses in the Lost Battle of Burma].

Science.gov (United States)

Kawahara, Yukari

2015-12-01

This paper aims to reveal changes in the relief support of the Japanese Red Cross relief units dispatched to Burma during the Second World War, from the beginning of fighting in Burma to the Japanese withdrawal. Japanese Red Cross relief units began their relief support when Japan invaded Burma in February of 1942. Counterattacks by the British, Indian and Chinese armies from December 1942 caused an increase in the number of patients. There were also many cases of malnutrition and malaria due to the extreme shortage of medical supplies as a result of the Battle of Imphal, which began in March of 1944. Bomb raids became even more intense after the battle ended in July 1944, and patients were carried into bomb shelters and caves on a daily basis. Just prior to invasion by enemy troops, they were ordered to evacuate to neighboring Thailand. Nurses from the Wakayama group hid their identity as members of the Red Cross and evacuated, with 15 out of 23 dying or being reported missing in action.

Capital versus talent. The battle that's reshaping business.

Science.gov (United States)

Martin, Roger L; Moldoveanu, Mihnea C

2003-07-01

For much of the twentieth century, labor and capital fought bitterly for control of the industrialized economy. The titans of industry ultimately won a resounding victory over the unions, but the story doesn't end there. In today's economy, value is largely the product of knowledge and information. Companies cannot generate profits without the ideas, skills, and leadership capabilities of knowledge workers. It's these factors--not technologies, not factories, and certainly not capital--that give the most successful companies their unique advantages. As knowledge workers come to realize this, and see that the demand for their talent outstrips the supply, they are steadily wresting more and more of the profits from shareholders. This time the battle is between the sources of capital and the producers of value, and how it will end is far from clear. The roots of the current conflict lie in the twentieth-century shift from industrial to managerial capitalism and the creation of a new class of professional talent, the authors explain. Since the arrival of the information-based economy in the past decade, tensions have escalated. The dramatic rise of CEO pay--and the public fire it has drawn--is a telling symptom. With this new battle, we're also witnessing a fundamental change in the political alignment of capital. The Left is now siding with "the common shareholder" against the well-compensated top tier of the labor pool. Shareholders seeing an unprecedented proportion of the return on their investments siphoned off to employees may well ask, is there no end to it? Increasingly, it's human capital that is the basis of value, and financial capital has become far more generic than shareholders would like to believe. The growing tensions between shareholders and managers cannot be ignored, and capitalism is at a crossroads--again.

Discovery of ETI: Terrestrial and extraterrestrial legal implications

Science.gov (United States)

Fasan, Ernst

TheLegalSituationonEarth: The following international legal regulations seem to apply to the search for and the eventual detection of ETI: a) The "Space Treaty" of Oct. 10, 1967; b) The Liability Convention of Oct. 9, 1973; c) The Moon Agreement of Dec. 5, 1979; d) The International Telecommunication Convention. LegalRelationswithExtraterrestrials: We may expect the following characteristics of ETI: 1. life in the sense of influencing the environment by selection from more than one possibility; 2. intelligence in the sense of self-realization of free will; 3. existence in three dimensional space and a will to live. With this we can expect that each race in the universe may have the following interests regarding its own race: a) to preserve and continue its own life; b) to protect this life from damage and intrusion; c) possibly to expand the realms of its living space. Therefore, if we decide to "answer" ETI, we may want to transmit such legal-philosophical principles: 1. the principle of nonviolation; 2. the principle of equality; 3. the principle to recognize the will to live and the living space of any intelligent race.

The Italian Submarine Force in the Battle of the Atlantic: Left in the Dark

Science.gov (United States)

2014-12-12

ADM Admiral ASW Anti-submarine warfare BDA Battle damage assessment C2 Command and Control CDR Commander HF/DF High frequency direction finder...damage assessment ( BDA ) if you will, the submarine captain decided if further action might be warranted, and made a decision as to how to engage

Incidence of legal abortion in Sweden after the Chernobyl accident

International Nuclear Information System (INIS)

Odlind, V.; Ericson, A.

1991-01-01

The number of legal abortions in Sweden increased around the time of the Chernobyl accident, particularly in the summer and autumn of 1986. Although there was no recording of reasons for legal abortions, one might have suspected this increase to be a result of fear and anxiety after the accident. However, seen over a longer time perspective, the increase in the number of abortions started before and continued far beyond the time of the accident. There was also a simultaneous and pronounced increase in the number of births during the years subsequent to the accident. Therefore, it seems unlikely that fear of the consequences of radioactive fall-out after the Chernobyl accident resulted in any substantial increase of the number of legal abortions in Sweden

Drug product selection: legal issues.

Science.gov (United States)

Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A

2001-01-01

To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

European Union Legal Methods - Moving Away From Integration

NARCIS (Netherlands)

Eckes, C.; Neergaard, U.; Nielsen, R.

2013-01-01

Notwithstanding the permanent state of crises of the European Union (EU or Union) in the past seven years, EU law continues to govern the legal relationships of individuals and Member States in ever more areas. Union law is self-reinforcing in the sense that it is constructed to increase in scope

Women in the Legal Profession: A Progress Report.

Science.gov (United States)

Fossum, Donna

1981-01-01

The modern women's movement and the exigencies of the Vietnam War combined to produce a dramatic change in the composition of law school student bodies in only a few years. The speed with which women continue to be incorporated into the legal profession will be affected by many factors. (MLW)

The Enigmatic Nature of the Israeli Legal System

African Journals Online (AJOL)

10332324

South Africa. She argues convincingly that the current unrecognised status of Muslim marriages is not favourable to women because their marriages fall outside the realm of the mainstream legal systems in South Africa (the common and the customary law). She continues to discuss two Bills in various stages of evolution ...

Legal method in danish law

DEFF Research Database (Denmark)

Blume, Peter Erik

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

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.

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

Science.gov (United States)

Mika, Joseph J.; Shuman, Bruce A.

1988-01-01

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

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 ...

Applying Advanced Imaging and Visualization Technology to the Battle of the Atlantic Shipwrecks between 20110531 and 20110821

Data.gov (United States)

National Oceanic and Atmospheric Administration, Department of Commerce — In 2008, the Monitor National Marine Sanctuary (MNMS) commenced a multiyear project focusing on shipwreck sites associated with the Battle of the Atlantic. During...

Advanced MicroObserver UGS integration with and cueing of the BattleHawk squad level loitering munition and UAV

Science.gov (United States)

Steadman, Bob; Finklea, John; Kershaw, James; Loughman, Cathy; Shaffner, Patti; Frost, Dean; Deller, Sean

2014-06-01

Textron's Advanced MicroObserver(R) is a next generation remote unattended ground sensor system (UGS) for border security, infrastructure protection, and small combat unit security. The original MicroObserver(R) is a sophisticated seismic sensor system with multi-node fusion that supports target tracking. This system has been deployed in combat theaters. The system's seismic sensor nodes are uniquely able to be completely buried (including antennas) for optimal covertness. The advanced version adds a wireless day/night Electro-Optic Infrared (EOIR) system, cued by seismic tracking, with sophisticated target discrimination and automatic frame capture features. Also new is a field deployable Gateway configurable with a variety of radio systems and flexible networking, an important upgrade that enabled the research described herein. BattleHawkTM is a small tube launched Unmanned Air Vehicle (UAV) with a warhead. Using transmitted video from its EOIR subsystem an operator can search for and acquire a target day or night, select a target for attack, and execute terminal dive to destroy the target. It is designed as a lightweight squad level asset carried by an individual infantryman. Although BattleHawk has the best loiter time in its class, it's still relatively short compared to large UAVs. Also it's a one-shot asset in its munition configuration. Therefore Textron Defense Systems conducted research, funded internally, to determine if there was military utility in having the highly persistent MicroObserver(R) system cue BattleHawk's launch and vector it to beyond visual range targets for engagement. This paper describes that research; the system configuration implemented, and the results of field testing that was performed on a government range early in 2013. On the integrated system that was implemented, MicroObserver(R) seismic detections activated that system's camera which then automatically captured images of the target. The geo-referenced and time-tagged Micro

EXPERIENCE OF NORMATIVE-LEGAL TRAINING OF PEDAGOGICAL STAFF IN THE SYSTEM OF HIGHER EDUCATION AND INCREASE QUALIFICATION

Directory of Open Access Journals (Sweden)

Andzhela Muharbievna Shekhmirzova

2017-10-01

Full Text Available The article presents the experience of normative and legal training of pedagogical personnel in the sphere of higher and additional professional education. The results of the analysis of the actual state of the system of normative and legal training of teachers are shown. The problems of forming normative-legal competence are analyzed. The relationship between the improvement of the system of normative-legal training of pedagogical cadres and the solution of a number of problems of a methodological nature is determined. At the same time, the problem of conceptual modeling of an effective pedagogical system of normative-legal training of pedagogical cadres is considered as a core, around which others group in a certain subordination. From the system positions it is shown the need to create an effective system of training teachers for the proper use of regulatory and legal acts in pedagogical activity, to solve complex problems, taking into account dynamically updated legislation. Based on the revealed methodological problems of normative-legal training of teachers, the need for a holistic view of the formation of regulatory-legal competence in the context of continuous teacher education. The purpose of research – presentation of a model of continuous regulatory education of teachers in the field of higher and additional professional education on the basis of identified methodological problems. Method or methodology of work: In the article a set of various methods of pedagogical research is presented: theoretical - analysis of scientific and pedagogical literature on the research problem, study and analysis of normative and legal documentation on the topic under consideration, theoretical generalization of research results; empirical - a survey, an analysis of the content of pedagogical documentation and performance, expert evaluation, modeling. Results: The model of continuous normative-legal training of pedagogical personnel in the sphere of

Neutron back scattering for the search of the Battle of Anghiari

International Nuclear Information System (INIS)

Bom, V.R.; Cosentino, A.; Seracini, M.; Rosa, R.

2010-01-01

The 'Battle of Anghiari' is a wall painting made by Leonardo Da Vinci around 1505. Its present day location is unknown but some indications suggest that the mural might be concealed behind a brick wall. Test measurements are presented demonstrating that neutron back scattering (NBS) can be used to search through the wall for the painting. NBS is a non-destructive technique to establish the presence of the hydrogen contained in the painting materials that were probably used by Da Vinci.

Nanosecond Neutron Analysis for the search of the lost Leonardo's masterpiece, the Battle of Anghiari

International Nuclear Information System (INIS)

Kuznetsov, A.V.; Gorshkov, I.Yu.; Evsenin, A.V.; Osetrov, O.I.; Vakhtin, D.N.; Cosentino, A.; Seracini, M.

2009-01-01

Between 1505 and 1506 Leonardo Da Vinci painted his masterpiece, the Battle of Anghiari, in Palazzo Vecchio's Hall of 500 in Florence. The unfinished mural remained visible until 1563, when architect Giorgio Vasari undertook a renovation of the Hall and all traces of the Battle of Anghiari were lost. However, scholarly interpretation and scientific evidence suggest that the mural could be on the eastern wall, hidden behind a brick wall built in 1563 by Vasari. This paper discusses the possibility of using NNA/APT (Nanosecond Neutron Analysis/Associated Particle Technique) to establish the presence of the masterpiece by identifying behind the Vasari's wall chemical elements from the gesso preparation layer of the mural and possibly from its pigments. This paper reports on the experiments run with a simple NNA/APT system and the Monte Carlo simulations that have been carried out in order to outline the experimental setup of an advanced NNA/APT able to detect and locate the tiny amount of gesso and pigments.

The Latest Battle: Depictions of the Calormen in The Chronicles of Narnia

Directory of Open Access Journals (Sweden)

Howe Andrew

2017-12-01

Full Text Available Two books in C.S. Lewis’s young adult fantasy series Chronicles of Narnia - The Horse and His Boy and The Last Battle - paint an uncomfortable portrait of the Calormen, the traditional foil for the Narnians. Throughout the text, the Calormen are clearly marked both culturally and racially as Middle Eastern, perhaps specifically as Turkish or Arab in their socio-political power structure with harems, arranged marriages, and facial hair designating status. Even Tashbaan, the capital city of Calormen, reads somewhat like a description of Istanbul. Throughout these two books, the Calormen are portrayed as a sinister and conquest-driven culture threatening the freedom enjoyed by Narnia. This textual indictment is fairly consistent. In demonizing this group, Lewis took part in a literary tradition extending back hundreds of years, a tradition that has enjoyed renewed resonance with increased fears over the growth of Islam. From Sir John Mandeville to post-9/11 concerns over terrorism, western depictions of Islam have often revolved around fear and distrust. The Last Battle is particularly problematic in its allegorical depictions of Islam, as Lewis seems to suggest that salvation is only reserved for those who follow the lion Aslan, clearly marked throughout the series as a stand-in for Jesus Christ.

New water guidelines developed to battle nuclear corrosion

International Nuclear Information System (INIS)

Strauss, S.D.

1983-01-01

Discusses methods of preventing degradation of nuclear steam generators due to a combination of impurities and corrosion products in the secondary system. Explains that tube and support-plate corrosion has been the main concern, manifesting itself primarily in the recirculating units used in PWR systems. Points out that the battle against corrosion is closely linked to control of ionic impurities, alkalinity, oxidants, and sludge-copper and iron corrosion products, primarily-in condensate and feedwater systems. Examines a set of secondary-water-chemistry guidelines developed by the Steam Generator Owners Group (SGOG). Presents diagram showing changes at Salem 1 to arrest corrosion, including condenser retubing, addition of condensate polisher and recirculation loop. Table indicates how preventive measures at Salem 1, affected secondary-water chemistry

The battle of "nano" paclitaxel.

Science.gov (United States)

Sofias, Alexandros Marios; Dunne, Michael; Storm, Gert; Allen, Christine

2017-12-01

Paclitaxel (PTX) is one of the three most widely used chemotherapeutic agents, together with doxorubicin and cisplatin, and is first or second line treatment for several types of cancers. In 2000, Taxol, the conventional formulation of PTX, became the best-selling cancer drug of all time with annual sales of 1.6 billion. In 2005, the introduction of the albumin-based formulation of PTX, known as Abraxane, ended Taxol's monopoly of the PTX market. Abraxane's ability to push the Taxol innovator and generic formulations aside attracted fierce competition amongst competitors worldwide to develop their own unique, new and improved formulation of PTX. At this time there are at least 18 companies focused on pre-clinical and/or clinical development of nano-formulations of PTX. These pharmaceutical companies are investing substantial capital to capture a share of the lucrative global PTX market. It is hoped that any formulation that dominates the market will result in tangible benefits to patients in terms of both survival and quality of life. Given all of this activity, here we address the question: Who is going to win the battle of "nano" paclitaxel? Copyright © 2017 Elsevier B.V. All rights reserved.

The battle over workers' compensation.

Science.gov (United States)

Ellenberger, J N

2000-01-01

Faced with lower profits and rapidly increasing premium costs in the 1980s, insurers and employer organizations cleverly parlayed the public perception of worker fraud and abuse in the workers' compensation system (that they helped to create) into massive legislative changes. Over the last decade, state legislators and governors, Republican and Democrat alike, have jumped on this bandwagon, one that workers and their allies have dubbed the workers' compensation "deform" movement. Alleging a "game plan" and a calculated campaign on the part of insurers and employers, the author looks at the major components of changes that were made, examines the elements of workers' compensation over which employers and insurers have gained control, and discusses Newt Gingrich's efforts to capitalize on employer and insurer fervor over the system. This campaign whistled through the country until it goaded the labor movement, injured workers, the trial bar, and others in Ohio in 1997 to organize themselves to stand up to employers by defeating the deform law through a ballot initiative. The article details that battle and suggests that similar voices can be achieved through a return to grassroots organizing and mobilization.

The Legal Case

NARCIS (Netherlands)

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

2013-01-01

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

Building the Will to Fight -- Prerequisite to Winning the AirLand Battle,

Science.gov (United States)

1986-12-01

Shakespeare Henry V ~d. J4 44.4. V 4. 44 4.~44. -44 4. 4.4 .44 4.44.’C.? 444 󈧰 -’ 44 4.’! .4. ~44* *44 4% 44. 4..’ 4.p4,441 44 .4 4~ .4. * . 4~4 44* 4...proud of himself, of his companions in uniform, and of those who had fought and Won the battle honors that graced his regiment’s colours or drums

Dementia and legal competency.

Science.gov (United States)

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

2011-06-01

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

What caused the rise of water level in the battle of Luermen bay in 1661? Tsunami, Storm surge, or Tide?

Science.gov (United States)

Wu, Tso-Ren; Wu, Han; Tsai, Yu-Lin

2016-04-01

In 1661, Chinese navy led by General Zheng Chenggong at the end of Ming Dynasty had a naval battle against Netherlands. This battle was not only the first official sea warfare that China confronted the Western world, but also the only naval battle won by Chinese Navy so far. This event was important because it changed the fate of Taiwan until today. One of the critical points that General Zheng won the battle was entering Luermen bay unexpected. Luermen bay was and is an extreme shallow bay with a 2.1m maximum water depth during the high tide, which was not possible for a fleet of 20,000 marines to across. Therefore, no defense was deployed from the Netherlands side. However, plenty of historical literatures mentioned a strange phenomenon that helped Chinese warships entered the Luermen bay, the rise of water level. In this study, we will discuss the possible causes that might rise the water level, e.g. Tsunami, storm surge, and high tide. We analyzed it based on the knowledge of hydrodynamics. We performed the newly developed Impact Intensify Analysis (IIA) for finding the potential tsunami sources, and the COMCOT tsunami model was adopted for the nonlinear scenario simulations, associated with the high resolution bathymetry data. Both earthquake and mudslide tsunamis were inspected. Other than that, we also collected the information of tide and weather for identifying the effects form high tide and storm surge. After the thorough study, a scenario that satisfy most of the descriptions in the historical literatures will be presented. The results will explain the cause of mysterious event that changed the destiny of Taiwan.

Legal Philosophy - Five Questions

DEFF Research Database (Denmark)

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

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...

Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

OpenAIRE

Caroline Lydia Hart

2012-01-01

Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

Women’s disengagement from legal proceedings for intimate partner violence: Sociodemographic and psychological variables

Directory of Open Access Journals (Sweden)

María Jesús Cala

2016-01-01

Full Text Available The aim of this study is to shed light on what makes women decide whether or not to continue with legal proceedings for intimate partner violence once they have commenced. Legal professionals, members of the police force, and women in Spain were interviewed to help draft a questionnaire that was applied to a sample of 345 women who had undertaken legal proceedings against their (expartners. Socio-demographic, emotional, and psychological variables were considered as possible predictor variables and included in a logistic regression analysis. Results show that the best equation for predicting disengagement from legal procedures includes the level of support received by the victim, contact with the aggressor, thoughts about going back with the aggressor, and a feeling of guilt. The essential role of the psychological support during the legal process is emphasized in conclusions

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

Directory of Open Access Journals (Sweden)

Mariano Croce

2015-03-01

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

Analysis - what is legal medicine?

Science.gov (United States)

Beran, Roy G

2008-04-01

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

Memorials, Shrines and Umbrellas in the Rain: Poetry and 11-M

Directory of Open Access Journals (Sweden)

Jill Robbins

2012-06-01

Full Text Available This project examines the representations in recent Spanish poetry of violence, solidarity, and memory, as these intersect with ethnic, linguistic and religious otherness, globalization, communication technology, and nationalisms. The lens through which the analysis is refracted is the poetic response to the Islamist terrorist bombings of working-class commuter trains in Madrid on March 11, 2004 (known in Spain as 11-M. This event, which occurred days before national elections, exposed the contradictory cultural forces that underlie notions of the national identity, economic transformation, the role of the media, and the social contract in Spain today. This became apparent in the massive demonstrations against neoliberalism, Spain’s alliance with the US in the “war on terror,” and Basque terrorism on 12-M. These popular protests were soon followed by police investigations, legal battles, and, finally, cultural memorials. Still, the battle to give meaning to these events continues to rage in politic circles, in cultural artifacts, and in the press.

After the Slippery Slope: Dutch Experiences on Regulating Active Euthanasia

NARCIS (Netherlands)

Boer, Th.A.

2003-01-01

“When a country legalizes active euthanasia, it puts itself on a slippery slope from where it may well go further downward.” If true, this is a forceful argument in the battle of those who try to prevent euthanasia from becoming legal. The force of any slippery-slope argument, however, is by

Theoretical and methodological basis of the comparative historical and legal method development

Directory of Open Access Journals (Sweden)

Д. А. Шигаль

2015-05-01

three research approaches – comparative, historical and legal, comparative historical and legal method is more effective than two separate methods - comparative and historical, and comparative and legal. Epistemological potential of comparative historical and legal method is quite great, and is to ensure the integrity and continuity of the historical and legal knowledge that is carried out in comparative way. Application of this method allows you without breaking the research itself into separate semantic blocks to start and continue it both from the analysis of the "historical" and learning of the "legal". Conclusions. Value of the comparative historical and legal method in the methodology of historical and legal science will be very significant. This can be explained by the fact that this means of knowledge allows to go beyond the known and look from a different angle on already known facts and regularities of the state and legal development. In fact, a comparison in the field of the history of state and law is one of the few methodological tools capable to do away with the stereotype which has been formed in the historical and legal science recently. In addition, comparative historical and legal method can serve as the epicenter of all the research methodology, but the comparative analysis can be the main problem of scientific work with the production of relevant tasks. Comparative historical and legal method as a basis of a study directly causes its scientific novelty, because in the course of comparison of historical and legal objects those of their characteristics and features that were previously unknown are revealed, and new laws are opened.

L’ontologie des Indivisibles et la structure du continu selon Gautier Burley The ontology of Indivisibles and the structure of continuity according to Walter Burley

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Alice Lamy

2011-12-01

Full Text Available Pour Aristote, sous le rapport de sa composition en parties, le continu est divisible mais sous le rapport de ses limites (point, ligne, surface et profondeur, le continu est indivisible. Walter Burley, comme ses contemporains, a commenté la coexistence problématique de la divisibilité et de l’indivisibilité dans la structure du continu. Bien plus, aux prises avec sa célèbre polémique contre son adversaire Guillaume d’Ockham à propos de l’ontologie de la catégorie de quantité, il admet une structure du continu originale qui semble contenir à la fois des intervalles ou parties divisibles et des points ou indivisibles.For Aristote, concerning its composition in parts, the continuous is divisible but concerning its limits (point, line, surface and depth, the continuous is indivisible. Walter Burley, as his contemporaries, commented on the problematic coexistence of the divisibility and the indivisibility in the structure of the continuous. Much more, battling against his opponent Wilhelm of Ockham about the ontology of the category of quantity, he admits an original structure of continuous who seems to contain at the same time intervals or divisible parts and indivisible points.

Medico legal issues.

Science.gov (United States)

Mackenzie, Geraldine; Carter, Hugh

2010-01-01

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

Nanosecond Neutron Analysis for the search of the lost Leonardo’s masterpiece, the Battle of Anghiari

Science.gov (United States)

Kuznetsov, A. V.; Gorshkov, I. Yu.; Evsenin, A. V.; Osetrov, O. I.; Vakhtin, D. N.; Cosentino, A.; Seracini, M.

2009-12-01

Between 1505 and 1506 Leonardo Da Vinci painted his masterpiece, the Battle of Anghiari, in Palazzo Vecchio's Hall of 500 in Florence. The unfinished mural remained visible until 1563, when architect Giorgio Vasari undertook a renovation of the Hall and all traces of the Battle of Anghiari were lost. However, scholarly interpretation and scientific evidence suggest that the mural could be on the eastern wall, hidden behind a brick wall built in 1563 by Vasari. This paper discusses the possibility of using NNA/APT (Nanosecond Neutron Analysis/Associated Particle Technique) to establish the presence of the masterpiece by identifying behind the Vasari's wall chemical elements from the gesso preparation layer of the mural and possibly from its pigments. This paper reports on the experiments run with a simple NNA/APT system and the Monte Carlo simulations that have been carried out in order to outline the experimental setup of an advanced NNA/APT able to detect and locate the tiny amount of gesso and pigments.

Centenary of the Battle of Vimy (france, 1917): Preserving the Memory of the Great War Through 3d Recording of the Maison Blanche Souterraine

Science.gov (United States)

Murtiyoso, A.; Grussenmeyer, P.; Guillemin, S.; Prilaux, G.

2017-08-01

The Battle of Vimy Ridge was a military engagement between the Canadian Corps and the German Empire during the Great War (1914-1918). In this battle, Canadian troops fought as a single unit and won the day. It marked an important point in Canadian history as a nation. The year 2017 marks the centenary of this battle. In commemoration of this event, the Pas-de-Calais Departmental Council financed a 3D recording mission for one of the underground tunnels (souterraines) used as refuge by the Canadian soldiers several weeks prior to the battle. A combination of Terrestrial Laser Scanner (TLS) and close-range photogrammetry techniques was employed in order to document not only the souterraine, but also the various carvings and graffitis created by the soldiers on its walls. The resulting point clouds were registered to the French national geodetic system, and then meshed and textured in order to create a precise 3D model of the souterraine. In this paper, the workflow taken during the project as well as several results will be discussed. In the end, the resulting 3D model was used to create derivative products such as maps, section profiles, and also virtual visit videos. The latter helps the dissemination of the 3D information and thus aids in the preservation of the memory of the Great War for Canada.

The legalization of small scale mining in Colombia

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Alexandra Urán

2013-11-01

Full Text Available The following article presents conceptual and analytical elements that allow us to broaden the debate about the legalization of the mining in Colombia. Looking for items to be able to propose alternatives in order to consolidate a new mining process socially and environmentally sustainable, claiming the value of the ancestral practices and forms of the redistributive production. To this end, it is necessary to start with the discussion of the concepts of formalization and legality, so that we can generate a theoretical framework that will allow us to explore such delicate matter, we will continue to make the framework socio-political, in which it is based that strategy. Then there is a brief context of thereformulation of legal mining, focusing our attention particularly standards which involves or has effects on artisanal mining and/or small-scale mining. There we will find ourselves with a debate on the typology of the mining and the current difficulties to define schemasof legalization or formalization of small-scale mining in Colombia. To conclude with a proposal to formalize as a mechanism of transition to an administrative system - legislativethat will connect more effectively with the realities and skills of the ethnic communities that practice small-scale mining.

The battle against nasopharyngeal cancer

International Nuclear Information System (INIS)

Lee, Anne W.M.; Ng, W.T.; Chan, Y.H.; Sze, Henry; Chan, Connie; Lam, T.H.

2012-01-01

This is a review of the evolving efforts to understand and combat nasopharyngeal carcinoma (NPC), a most peculiar cancer with a distinctly skewed geographic and ethnic distribution. Multifactorial etiology with dynamic interplay of genetic predisposition, Epstein–Barr virus (EBV) infection and environmental carcinogens is suggested. With changing lifestyle in Hong Kong, the age-standardized incidence rate has decreased by more than 50% during the past 30 years. The advent of megavoltage radiotherapy has transformed this once lethal cancer into one that is readily curable. Advances in technology and addition of chemotherapy have led to gratifying improvements. Overall survival exceeding 75% at 5 years could now be achieved; series using advanced technique with intensity-modulation consistently achieved excellent locoregional control. Studies are on-going to develop more potent systemic therapy for distant control. Serious late toxicities remain a serious concern demanding further improvement in radiotherapy technique and optimization of dose fractionation. Translational researches are increasingly important for the ideal goals of prevention, early detection and more accurate prognostication/prediction to work toward personalized medicine. The battle against NPC is one of the most fascinating successes in oncology, it is highly hopeful that with international collaborations and concerted efforts, we can totally conquer this cancer.

Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

NARCIS (Netherlands)

Feteris, E.T.

2017-01-01

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

What could have been done? reflections on the radioactive waste battle as seen from below

International Nuclear Information System (INIS)

Rosenberg, T.

2002-01-01

How best to describe the three-year long battle between Posiva, the company promoting final disposal of spent nuclear fuel, on one hand, and the local resistance, mobilized in a citizen movement, on the other? A battle undoubtedly reminding that of Goliath versus David, i.e., rather uneven what comes to resources, influence and knowledge. Probably one word is enough, and that is 'theater'. This because so much in the whole process, especially concerning the environmental impact assessment (EIA), reminded a dramatic spectacle with everything written in advance: the parts, the complicated and stepwise choreography and, above all, the whole narrative, from the very beginning to the (from the resisters' point of view) bitter end. In my speech, I will try to describe the spectacle as seen from below, especially from the activists' point of view. I will do this by accounting for the strategy adopted by the Lovisa movement, the citizen movement rapidly mobilized against Posiva's deposit plans, as soon as they became public the 4 January 1997. (author)

America’s Battle for Media Democracy: The Triumph of Corporate Libertarianism and the Future of Media Reform

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Victor Pickard

2014-11-01

Full Text Available This contribution is a recording of the CAMRI research seminar held at the University of Westminster on November 19, 2014, in which Victor Pickard presented his book "America’s Battle for Media Democracy: The Triumph of Corporate Libertarianism and the Future of Media Reform": http://www.cambridge.org/gb/academic/subjects/politics-international-relations/american-government-politics-and-policy/americas-battle-media-democracy-triumph-corporate-libertarianism-and-future-media-reform Why do American media have so few public interest regulations? How did the American media system become dominated by a few corporations, and why are structural problems like market failures routinely avoided in media policy discourse? By tracing the answers to many of these questions back to media policy battles in the 1940s, Victor Pickard explains how this happened and why it matters today. Drawing from extensive archival research, the book uncovers the American media system’s historical roots and normative foundations. His book charts the rise and fall of a forgotten media reform movement to recover alternatives and paths not taken. As much about the present and future as it is about the past, the book proposes policies for remaking media based on democratic values for the digital age. Victor Pickard is an assistant professor at the Annenberg School for Communication at the University of Pennsylvania. Previously he taught media studies at NYU and the University of Virginia, and he worked on media policy in Washington, D.C. as a Senior Research Fellow at the media reform organization Free Press, the public policy think tank the New America Foundation, and Congresswoman Diane Watson’s office. He has published numerous journal articles and book chapters on the history and political economy of media institutions and media reform activism. His op-eds on media policy debates and the future of journalism have appeared in news outlets like The Guardian, The Seattle

The Battle of Savo Island August 9th, 1942. Strategical and Tactical Analysis. Part I

Science.gov (United States)

1950-01-01

Department publIcation SSC-677, Survey of the Bolcmon Islands. March 16, 1943, Confidential. *OCTW 62 personal latter to Captain RC. Parker, USN(Ret...cakiral Jellicu had si&Unalled Ad- miral Oqattr "Wh•re !e the anek-q’s battles Fleet?" and Lsirl Beatty •had repliid la a most v& omnic kid inoomplete m

Experiencing abortion rights in India through issues of autonomy and legality: A few controversies.

Science.gov (United States)

Patel, Tulsi

2018-06-01

Abortion laws in India, like other laws, are premised on the 1861 British Penal Code. The Medical Termination of Pregnancy Act was passed in 1971 to circumvent the criminality clause around abortion. Yet the law continues to render invisible women's right to choose. Legal procedures have often hindered in permitting abortion, resulting in the death of a mother or the foetus. Despite the latest techno-medical advances, the laws have remained stagnant or rather restrictive, complicated further by selective female foetus abortions. Legal resistance to abortion-seeking after 20 weeks gestation adversely affects women, depriving them of autonomy of choice. In this paper, raising important gender, health and ethical issues are illustrated through a recent legal case in India. Feminist campaigns against the legal mindset in India are emerging.

Dementia and Legal Competency

OpenAIRE

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

2011-01-01

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

Methodology in Legal Research

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Tom R. Tyler

2017-12-01

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

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

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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.

A Study of Counselors' Legal Challenges and Their Perceptions of Their Ability to Respond

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MARY A. HERM

2008-08-01

Full Text Available The authors explore the results of a study that assessed the types and frequency of legal issues encountered by counselors and counselors’ perceptions of their ability to respond to these issues. They also assessed whether the participants’ perceptions were related to practice setting, years of experience, completion of a course in ethics, recent completion of continuing education in ethics or legal issues, state licensure status, certification by the National Board of Certified Counselors (NBCC, and highest degree earned. Results demonstrate that counselors feel most prepared to deal with situations encountered most often, but that school counselors do not feel as prepared to face most ethical and legal issues.

Towards nuclear disarmament: State of affairs in the international legal framework

International Nuclear Information System (INIS)

Fanielle, Sylvain

2016-01-01

Since the dawn of the nuclear era, nuclear disarmament has been one of the highest priorities of the international community in ensuring global peace and security. Accordingly, numerous multilateral and bilateral political initiatives have been launched to fulfil this objective in a comprehensive manner. Many of these political efforts have resulted in the negotiation and adoption of legal instruments, which currently comprise the international legal framework on nuclear disarmament. Despite numerous achievements, this framework appears to be at a turning point. As a matter of fact, recent political and diplomatic tensions have reminded the international community that the far-reaching objective of global nuclear disarmament is under continuous pressure. In this context, is the international legal framework on nuclear disarmament effective? This article addresses both development and effectiveness of the international legal framework on nuclear disarmament. It first describes the position of nuclear disarmament within the United Nations (UN) machinery and the related political challenges. It then focuses on the Nuclear Non-Proliferation Treaty (NPT),1 with a particular focus on the interpretation and legal requirements associated with Article VI. Finally, it provides an overview of the Nuclear-Weapon-Free Zones (NWFZs) and their role in the international denuclearization dynamics. (author)

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

International Nuclear Information System (INIS)

Ali, A.M.

2008-01-01

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

On Plagiarism and Power Relations in Legal Academia and Legal Education

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Tilen Štajnpihler

2017-12-01

Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

Ethical, legal, and social issues in the translation of genomics into health care.

Science.gov (United States)

Badzek, Laurie; Henaghan, Mark; Turner, Martha; Monsen, Rita

2013-03-01

The rapid continuous feed of new information from scientific discoveries related to the human genome makes translation and incorporation of information into the clinical setting difficult and creates ethical, legal, and social challenges for providers. This article overviews some of the legal and ethical foundations that guide our response to current complex issues in health care associated with the impact of scientific discoveries related to the human genome. Overlapping ethical, legal, and social implications impact nurses and other healthcare professionals as they seek to identify and translate into practice important information related to new genomic scientific knowledge. Ethical and legal foundations such as professional codes, human dignity, and human rights provide the framework for understanding highly complex genomic issues. Ethical, legal, and social concerns of the health provider in the translation of genomic knowledge into practice including minimizing harms, maximizing benefits, transparency, confidentiality, and informed consent are described. Additionally, nursing professional competencies related to ethical, legal, and social issues in the translation of genomics into health care are discussed. Ethical, legal, and social considerations in new genomic discovery necessitate that healthcare professionals have knowledge and competence to respond to complex genomic issues and provide appropriate information and care to patients, families, and communities. Understanding the ethical, legal, and social issues in the translation of genomic information into practice is essential to provide patients, families, and communities with competent, safe, effective health care. © 2013 Sigma Theta Tau International.

Modeling Game Avatar Synergy and Opposition through Embedding in Multiplayer Online Battle Arena Games

OpenAIRE

Chen, Zhengxing; Xu, Yuyu; Nguyen, Truong-Huy D.; Sun, Yizhou; El-Nasr, Magy Seif

2018-01-01

Multiplayer Online Battle Arena (MOBA) games have received increasing worldwide popularity recently. In such games, players compete in teams against each other by controlling selected game avatars, each of which is designed with different strengths and weaknesses. Intuitively, putting together game avatars that complement each other (synergy) and suppress those of opponents (opposition) would result in a stronger team. In-depth understanding of synergy and opposition relationships among game ...

FUZZY LOGIC IN LEGAL EDUCATION

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Z. Gonul BALKIR

2011-04-01

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

An empirical test of Lanchester's square law: mortality during battles of the fire ant Solenopsis invicta

Science.gov (United States)

Plowes, Nicola J.R; Adams, Eldridge S

2005-01-01

Lanchester's models of attrition describe casualty rates during battles between groups as functions of the numbers of individuals and their fighting abilities. Originally developed to describe human warfare, Lanchester's square law has been hypothesized to apply broadly to social animals as well, with important consequences for their aggressive behaviour and social structure. According to the square law, the fighting ability of a group is proportional to the square of the number of individuals, but rises only linearly with fighting ability of individuals within the group. By analyzing mortality rates of fire ants (Solenopsis invicta) fighting in different numerical ratios, we provide the first quantitative test of Lanchester's model for a non-human animal. Casualty rates of fire ants were not consistent with the square law; instead, group fighting ability was an approximately linear function of group size. This implies that the relative numbers of casualties incurred by two fighting groups are not strongly affected by relative group sizes and that battles do not disproportionately favour group size over individual prowess. PMID:16096093

The medieval origins of the idea of “Holy Russia”. The commemoration of the Battle of Kulikovo (1380 in the Narration of the Battle with Mamai

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Marcello Garzaniti

2016-04-01

Full Text Available The Narration of the Battle with Mamai (Skazanie o Mamaevom poboišče, dedicated to the famous Russian military victory over the Tatars on the Kulikovo Field (1380, is generally considered the central work of the Kulikovo cycle. The anonymous author develops a consistent reinterpretation of the historical event in a liturgical and commemorative key by constantly adopting forms of prayer and of hagiographic narrative. The analysis of the numerous biblical quotations that weave the plot introduces the deeper meaning of Narration: the final incorporation of the Hellenistic-Christian chronotope in the Slavic "Orthodox Christianity" in which Moscow and "Russian land" have become central.

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

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Oleksii Drozd

2017-12-01

Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

Diverse Legal Significance of a Document in Byzantine Private Law

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Tamara M. Matović

2017-11-01

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

Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

International Nuclear Information System (INIS)

Wetherall, Anthony; Robin, Isabelle

2014-01-01

The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

Recent Developments in the Provision of Pro Bono Legal Services ...

African Journals Online (AJOL)

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which ...

Social Media and Professional School Counselors: Ethical and Legal Considerations

Science.gov (United States)

Mullen, Patrick R.; Griffith, Catherine; Greene, Jennifer H.; Lambie, Glenn W.

2014-01-01

The use of social media continues to expand in prevalence and is a medium of communication for individuals of all ages. Schools are using social media to engage their stakeholders at increasing rates. Therefore, school counselors require the knowledge and appreciation of ethical and legal issues regarding the use of such technology. The purpose of…

Operating and support costs and affordability of a 324 ship Naval battle force

OpenAIRE

Antonucci, Kevin C.

2011-01-01

The purpose of this research was to determine both the added operating and support (OandS) costs and affordability of operating and maintaining a future naval battle force of 324 ships as proposed in the Navy's 30-year shipbuilding plan. Cost estimation including regression, 3-year moving averages, point, expert and analogous modeling was used to capture both historical and future OandS costs from FY1991 to FY2024. With an emphasis on the three main cost drivers, (manpower, fuel and maintena...

Legality Principle of Crimes and Punishments in Iranian Legal System

Science.gov (United States)

Habibzadeh, Mohammad Ja'far

2006-01-01

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

Battle of the Retail Channels: How Product Selection and Geography Drive Cross-Channel Competition

OpenAIRE

Erik Brynjolfsson; Yu (Jeffrey) Hu; Mohammad S. Rahman

2009-01-01

A key question for Internet commerce is the nature of competition with traditional brick-and-mortar retailers. Although traditional retailers vastly outsell Internet retailers in most product categories, research on Internet retailing has largely neglected this fundamental dimension of competition. Is cross-channel competition significant, and if so, how and where can Internet retailers win this battle? This paper attempts to answer these questions using a unique combination of data sets. We ...

Searching for Boudica's last battle: an approach via terrain analysis, hydrology and marching camps.

OpenAIRE

Steve Kaye

2013-01-01

Poster presented at conference, 'On Boudica's Trail', Atherstone Civic Soc. at Warwick University, UK. First, take Tacitus’ description of the battle site - a defile facing an open plain - and as objectively as possible search the terrain of southern Britain for matching sites. Second, compute the river flows across Britain in August; calculate the water requirements for the protagonists; use both to identify rivers capable of supplying sufficient water to the Romans and Britons. Third, c...

Chinese education in the novel by A. Chua Battle hymn of the tiger mother

OpenAIRE

Magda Wieteska

2017-01-01

Chinese culture and tradition stand in direct opposition to American and European cultures. Chinese children must live according to the principles of metaconfucianism from an early age. Failure to do so threatens social ostracism. Amy Chua in her autobiographical novel Battle Hymn of the Tiger Mother describes the education of her two daughters living in America according to the principles present in China. The educational methods used by Chua are considered controversial by western parent...

Prerequisites for Correctness in Legal Argumentation

OpenAIRE

Mackuvienė, Eglė

2011-01-01

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

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

Legality in multiple legal orders

NARCIS (Netherlands)

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

2010-01-01

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

Cognitive Systems Engineering Tool Survey - A Subtask in Support of Commander's Decision Aids for Predictive Battle-Space Awareness (CDA4PBA)

National Research Council Canada - National Science Library

Sanders, Mary; Fitzhugh, Elisabeth

2005-01-01

...) DO 6, Commander's Decision Aids for Predictive Battle-Space Awareness, (CDA4PBA) is to identify system requirements necessary to capture the entire software and systems engineering process from concept...

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.

78 FR 50050 - Record of Decision for the Construction and Operation of an Infantry Platoon Battle Course at...

Science.gov (United States)

2013-08-16

... (group) tactical movement techniques, and to detect, identify, engage, and defeat stationary and moving... of an Infantry Platoon Battle Course at P[omacr]hakuloa Training Area, Hawai`i AGENCY: Department of... Course (IPBC) and associated infrastructure at P[omacr]hakuloa Training Area (PTA), Hawai`i. This...

Telemental Health for Children and Adolescents: An Overview of Legal, Regulatory, and Risk Management Issues.

Science.gov (United States)

Kramer, Gregory M; Luxton, David D

2016-04-01

The use of technology to provide telemental healthcare continues to increase; however, little has been written about the legal and regulatory issues involved in providing this form of care to children and adolescents. This article reviews existing laws and regulations to summarize the risk management issues relevant to providing telemental healthcare to children and adolescents. There are several legal and regulatory areas in which telemental health clinicians need to have awareness. These areas include: 1) Licensure, 2) malpractice liability, 3) credentialing and privileging, 4) informed consent, 5) security and privacy, and 6) emergency management. Although legal and regulatory challenges remain in providing telemental healthcare to children and adolescents, it is possible to overcome these challenges with knowledge of the issues and appropriate risk management strategies. We provide general knowledge of these key legal and regulatory issues, along with some risk management recommendations.

Fighting addiction's death row: British Columbia Supreme Court Justice Ian Pitfield shows a measure of legal courage

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Small Dan

2008-10-01

Full Text Available Abstract The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics andprejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite". The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary

Two conceptions of legal principles

Directory of Open Access Journals (Sweden)

Spaić Bojan

2017-01-01

Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

HIV-positive father wins visitation battle in Maryland.

Science.gov (United States)

1995-03-24

[Name removed], after a four-year court battle, has been awarded visitation rights with his three daughters. [Name removed] separated from his wife [name removed] in [name removed] 1991 after telling her he was diagnosed with HIV. The custody dispute originally centered around not only [name removed]'s HIV status, but also his homosexuality (he had left his wife for the family friend and godfather to one of the couple's daughter's). Custody judge Audrey E. Melbourne allowed [name removed] to see his daughters at his home, excluding overnight, weekday or holiday visits. [Name removed]'s appeal focused on the medical aspects of HIV transmission in the household. Since Mrs. [Name removed]' expert witness conceded that he knew of no recorded instances of a person transmitting HIV to another person through bathing, cooking or breathing, the judge agreed the risk of transmission was so small as to pose no threat to the children's safety. [Name removed] was awarded visitation on alternating weekends, plus alternating Federal holidays.

Legal nature of affatomia

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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

The legal nature of the contract currency bank account

Directory of Open Access Journals (Sweden)

Ольга Олегівна Чорна

2016-06-01

Full Text Available The Civil Code of Ukraine there are no specific rules governing contractual relationship currency bank account, and existing norms in the national legislation does not reflect the specificity, complexity bank currency relations; regulations that regulate banking operations in foreign currencies, in some cases inconsistent, uncoordinated and even contradictory; In addition, some based on somewhat outdated today philosophical position, affecting the development bank currency civil relations. Problems about the determination of the legal nature of the contract currency bank account, studied and continue to study the eminent jurist scholars, among which highlight G.F. Shershenevich, C.A. Fleyshyts, I.B. Nowicki, M.N. Agarkova, A.S. Ioffe, N.S. Kuznetsov, I.A. Bezkluboho etc. Purpose of the article – the definition of the legal nature of the contract currency bank account, as well as research and analysis of major scientific debate on the subject. Given the inextricable link between the two elements of a bank account without connectivity relations on the account balance on any loan or of storage, believe that the bank account agreement today is an independent civil - legal contract.

Legal Institutions and Economic Development

NARCIS (Netherlands)

Beck, T.H.L.

2010-01-01

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

Women's legal knowledge: a case study of Mexican urban dwellers.

Science.gov (United States)

Rivera Izabal, L M

1995-06-01

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.

Blind Demodulation of Pass Band OFDMA Signals and Jamming Battle Damage Assessment Utilizing Link Adaptation

Science.gov (United States)

2014-03-27

Access (OFDMA) signal so that jamming effectiveness can be assessed; referred to in this research as Battle Damage Assessment ( BDA ). The research extends...the 802.16 Wireless Metropolitan Area Network (MAN) OFDMA standard, and presents a novel method for performing BDA via observation of Sub Carrier (SC...interferer is also evaluated where the blind demodulator’s performance is degraded. BDA is achieved via observing SC LA modulation behavior of the

Challenges and Characteristics of Intelligent Autonomy for Internet of Battle Things in Highly Adversarial Environments

OpenAIRE

Kott, Alexander

2018-01-01

Numerous, artificially intelligent, networked things will populate the battlefield of the future, operating in close collaboration with human warfighters, and fighting as teams in highly adversarial environments. This paper explores the characteristics, capabilities and intelligence required of such a network of intelligent things and humans - Internet of Battle Things (IOBT). It will experience unique challenges that are not yet well addressed by the current generation of AI and machine lear...

Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand.

Science.gov (United States)

Rychert, Marta; Wilkins, Chris; Witten, Karen

2017-09-01

New Zealand's Psychoactive Substances Act (2013) established the world's first regulated market for 'low risk' psychoactive products ('legal highs'). Under an interim PSA regime, 47 existing products were permitted to be continued to be sold. To explore issues with the implementation of regulatory systems to monitor the safety of products on the legal market under the interim Psychoactive Substances Act regime. Semi-structured interviews with 30 key stakeholders, including industry, government agency, health and drug service professionals were conducted, transcribed and analysed thematically. In retrospect stakeholders questioned the decision to approve strong synthetic cannabinoid smoking products, noting their health risks because of product formulation, inconsistent manufacturing practices and smoking as the means of administration. Industry actors claimed the decision to approve synthetic cannabinoid smokeable products prevented potentially safer products from gaining market share. The system for withdrawing approved products which were subsequently found to be harmful was criticised for the poor quality of data available, limited engagement with health professionals and the slowness of product withdrawal. Many of the problems with the regime were attributed to the urgency under which the legal market under the interim Psychoactive Substances Act was established and implemented. The selection of 'safer' products, implementation of the product monitoring system, and engagement with health professionals may have benefited from more time and resources. An incremental approach to establishing the new market may have made the regulatory management of the new regime more workable. [Rychert M, Wilkins C, Witten K. Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand. Drug Alcohol Rev 2017;00:000-000]. © 2017 Australasian Professional Society on Alcohol and other Drugs.

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

Science.gov (United States)

Breland, Hunter M.; Hart, Frederick M.

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

Did Legalized Abortion Lower Crime?

Science.gov (United States)

Joyce, Ted

2004-01-01

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

Positivisme dan Non-Positivisme dalam Jurisprudensi

Directory of Open Access Journals (Sweden)

Biyanto Biyanto

2015-10-01

Full Text Available This article discusses about trend positivism and non-positivism paradigm in jurisprudence. This topic is important because discourse in social philosophy always relies on the rationality of whole arguments. The argument of justification is preceded through deductive reasoning, starting from paradigmatic premise that will be used to justify conclusion. Paradigmatic premise is the basic principles of truth which is believed to be the real truth. The real truth derives from personal experience in reflecting facts found in daily activities. In contemporary context of jurisprudence, there is a fierce battle between legal profesionals with its positivist paradigm (legal or formal law approach and legal profesionals with its non-positivistic paradigm (legal morale substance approach. Many critics on positivism were responded by efforts to reform law through social movements. Social realist movement derives from diverse reality of socio-cultural configuration, within national life, will be significant when the movement is massively done, and supported by two pilars of civil society and political power. This opposition movement shall be continuously done to against the established side. The well established community has authority upon whole legal institution and usually will utilize all its power structures in order to maintain their interest.

Datafication of Automated (Legal) Decisions

DEFF Research Database (Denmark)

Schaumburg-Müller, Sten

Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

Nanosecond Neutron Analysis for the search of the lost Leonardo's masterpiece, the Battle of Anghiari

Energy Technology Data Exchange (ETDEWEB)

Kuznetsov, A.V.; Gorshkov, I.Yu.; Evsenin, A.V.; Osetrov, O.I.; Vakhtin, D.N. [Applied Science and Technology Center (APSTEC Ltd.), Office 213, Gzhatskaya, 27, Saint-Petersburg 195220 (Russian Federation); Cosentino, A., E-mail: tonycosentino@yahoo.i [CISA3, Center of Interdisciplinary Science for Art, Architecture and Archaeology, University of California, San Diego, 9500 Gilman Dr. La Jolla, CA 92093-0436 (United States); Seracini, M. [CISA3, Center of Interdisciplinary Science for Art, Architecture and Archaeology, University of California, San Diego, 9500 Gilman Dr. La Jolla, CA 92093-0436 (United States)

2009-12-15

Between 1505 and 1506 Leonardo Da Vinci painted his masterpiece, the Battle of Anghiari, in Palazzo Vecchio's Hall of 500 in Florence. The unfinished mural remained visible until 1563, when architect Giorgio Vasari undertook a renovation of the Hall and all traces of the Battle of Anghiari were lost. However, scholarly interpretation and scientific evidence suggest that the mural could be on the eastern wall, hidden behind a brick wall built in 1563 by Vasari. This paper discusses the possibility of using NNA/APT (Nanosecond Neutron Analysis/Associated Particle Technique) to establish the presence of the masterpiece by identifying behind the Vasari's wall chemical elements from the gesso preparation layer of the mural and possibly from its pigments. This paper reports on the experiments run with a simple NNA/APT system and the Monte Carlo simulations that have been carried out in order to outline the experimental setup of an advanced NNA/APT able to detect and locate the tiny amount of gesso and pigments.

In Search of Legal Foundation for Indonesian Family Firms

Directory of Open Access Journals (Sweden)

Yetty Komalasari Dewi

2016-08-01

Full Text Available One of the factors that affect Indonesia's economic growth is the existence of business firms. It cannot be ignored that most business firms in Indonesia is family owned firms, and which are considered to constitute as the backbone of the economic development.  Family firms represent the most enduring business model in the world. The continuing success of family firms through the generations relies on ensuring the next generation. However, the issue of family firms is rarely discussed in particular from the perspective of corporate law. In fact, from legal perspectives, there is some issues deal with this type of firms, amongst other, the lack of an overall definition of the term “family business”. It is because family businesses and small medium enterprises (SMEs are widely understood synonymously in spite of the fact that they exist in every size class. Other issue is the questions of its legal basis or legal framework in terms of its corporate governance. Many Indonesian business players lack the basic understanding of corporation’s law. It is partly because these obligations are incompatible with the values and cultures in Indonesia where “kinship principle” is deeply rooted. This article aims to describe the characteristics and the legal frameworks for the family firms in Indonesia. It also recommends the government to take progressive measure by providing clear regulations on the family firms in Indonesia. This will reinforce family firms contribution in economic development of Indonesia in the future. 

The legal reasoning skills. Theoretical considerations

Directory of Open Access Journals (Sweden)

Lisett D. Páez Cuba

2014-06-01

Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

Feminization of Romanian Politics – A Desideratum?

Directory of Open Access Journals (Sweden)

Claudia Gilia

2015-12-01

Full Text Available Women’s battle for political rights was fierce and it has taken place for the past two centuries. Despite the efforts made by the feminist movements and even by politicians, the battle towards an effective exercise of these rights continues. Although the representation of women in politics is a complex topic, delicate and comprehensive, in our research we only focused on an analysis of European and national parliamentary elections that took place over the 25 years of post-revolutionary elections. The evolution of women’s representation in the two legislative bodies (the national one and the European one showed us that the steps that have been made are still very few, manifesting themselves more as intentions rather than as a political and legal reality. The causes are multiple, solutions exist, nevertheless political will is what is required. And how to transform political will into an increased representation of women in politics, since still men are those who express themselves (as they form a majority in decision-making forums?

Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

Science.gov (United States)

Marishet, Mohammed Hamza

The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

Legal capacity and biomedicine: Biomedical discrimination

Directory of Open Access Journals (Sweden)

Cvetić Radenka

2011-01-01

Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

OpenAIRE

Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

2017-01-01

The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

LEGAL DRAFTING IN CROATIA - CASE STUDY

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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.

Business continuity strategies for cyber defence: battling time and information overload.

Science.gov (United States)

Streufert, John

2010-11-01

Can the same numbers and letters which are the life blood of modern business and government computer systems be harnessed to protect computers from attack against known information security risks? For the past seven years, Foreign Service officers and technicians of the US Government have sought to maintain diplomatic operations in the face of rising cyber attacks and test the hypothesis that an ounce of prevention is worth a pound of cure. As eight out of ten attacks leverage known computer security vulnerabilities or configuration setting weaknesses, a pound of cure would seem to be easy to come by. Yet modern security tools present an unusually consequential threat to business continuity - too much rather than too little information on cyber problems is presented, harking back to a phenomenon cited by social scientists in the 1960s called 'information overload'. Experience indicates that the longer the most serious cyber problems go untreated, the wider the attack surface adversaries can find. One technique used at the Department of State, called 'risk scoring', resulted in an 89 per cent overall reduction in measured risk over 12 months for the Department of State's servers and personal computers. Later refinements of risk scoring enabled technicians to correct unique security threats with unprecedented speed. This paper explores how the use of metrics, special care in presenting information to technicians and executives alike, as well as tactical use of organisational incentives can result in stronger cyber defences protecting modern organisations.

Battling Data Breaches: For Higher Education Institutions, Data Breach Prevention is More Complex than for Industry and Business

Science.gov (United States)

Patton, Madeline

2015-01-01

Data breach prevention is a battle, rarely plain and never simple. For higher education institutions, the Sisyphean aspects of the task are more complex than for industry and business. Two-year colleges have payrolls and vendor contracts like those enterprises. They also have public record and student confidentiality requirements. Colleges must…

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

African Journals Online (AJOL)

Enrique

equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

Medico-legal autopsies in Denmark

DEFF Research Database (Denmark)

Larsen, Sara Tangmose; Lynnerup, Niels

2011-01-01

At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

Legal reality of Russia: constants and variables

Directory of Open Access Journals (Sweden)

Andrey Valeryevich Skorobogatov

2015-06-01

Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

Evidence supporting broader access to safe legal abortion.

Science.gov (United States)

Faúndes, Anibal; Shah, Iqbal H

2015-10-01

Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal condition for abortion is met. The present article aims to contribute to a better understanding that one can be in favor of greater access to safe abortion services, while at the same time not be "in favor of abortion," by reviewing the evidence that indicates that criminalization of abortion only increases mortality and morbidity without decreasing the incidence of induced abortion, and that decriminalization rapidly reduces abortion-related mortality and does not increase abortion rates. Copyright © 2015. Published by Elsevier Ireland Ltd.

Research on Intelligent Repair Decision Technology for the Battle-damaged Marine Based on GIS%基于GIS的舰船战损智能抢修决策技术研究

Institute of Scientific and Technical Information of China (English)

刘金林; 曾凡明; 李彦强

2013-01-01

Because of the importance and the emergency of the research on the theory and technology for the repairing of the battle-damaged marine, the framework of the intelligent repair decision support system for the marine was built based on the analysis of the development of the repair decision support technology for the battle-damaged marine both here and abroad and the characteristic of the repairing of the battle-damaged marine. And the database technology, the knowledgebase technology, the geometry information technology, the intelligent decision support technology and other related key technology were studied. Furthermore, the prototype of the battle-damaged marine repair decision support system was developed which could support the repair decision of the battle-damaged marine.%针对开展舰船战损抢修理论和技术研究的紧迫性和重要性,文中在研究国内外战损抢修决策技术发展现状的基础上,根据舰船战损抢修的特点,研究建立了舰船战损抢修决策支持系统总体构架,并分析了系统所涉及的数据库技术、知识库技术、地理信息技术及智能决策技术等关键技术,在此基础上开发了舰船战损抢修决策支持原型系统.

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.

Aiming Airsea Battle: An Operational Concept To Counter China’s Maritime Area Denial Capabilities

Science.gov (United States)

2011-06-18

unnamed great power: “To protect Germany’s sea trade and colonies in the existing circumstances there is only one means – Germany must have a battle...with friends and allies, but by ourselves if we must.24 As multiple analysts have noted, the unnamed adversary alluded to here is unmistakably...21 Rory Medcalf, “Chinese Ghost Story,” The Diplomat, February 14, 2008. 22 Ibid. 23 Donn A. Starry, “US and Federal

Adjustment of legally binding local plans

DEFF Research Database (Denmark)

Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

2012-01-01

Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

Legal and Regulatroy Obstacles to Nuclear Fission Technology in Space

Science.gov (United States)

Force, Melissa K.

2013-09-01

In forecasting the prospective use of small nuclear reactors for spacecraft and space-based power stations, the U.S. Air Force describes space as "the ultimate high ground," providing access to every part of the globe. But is it? A report titled "Energy Horizons: United States Air Force Energy Science &Technology Vision 2011-2026," focuses on core Air Force missions in space energy generation, operations and propulsion and recognizes that investments into small modular nuclear fission reactors can be leveraged for space-based systems. However, the report mentions, as an aside, that "potential catastrophic outcomes" are an element to be weighed and provides no insight into the monumental political and legal will required to overcome the mere stigma of nuclear energy, even when referring only to the most benign nuclear power generation systems - RTGs. On the heels of that report, a joint Department of Energy and NASA team published positive results from the demonstration of a uranium- powered fission reactor. The experiment was perhaps most notable for exemplifying just how effective the powerful anti-nuclear lobby has been in the United States: It was the first such demonstration of its kind in nearly fifty years. Space visionaries must anticipate a difficult war, consisting of multiple battles that must be waged in order to obtain a license to fly any but the feeblest of nuclear power sources in space. This paper aims to guide the reader through the obstacles to be overcome before nuclear fission technology can be put to use in space.

Marketing legal services on the Internet

Directory of Open Access Journals (Sweden)

Alicja Mikołajczyk

2014-09-01

Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

The changing purpose of mental health law: From medicalism to legalism to new legalism.

Science.gov (United States)

Brown, Jennifer

2016-01-01

The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

Belief and legal philosophy: a conceptual framework for Christian scholarship in undergraduate legal education

Directory of Open Access Journals (Sweden)

S. de Freitas

2009-07-01

Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.

Artificial intelligence approach to legal reasoning

International Nuclear Information System (INIS)

Gardner, A.V.D.L.

1984-01-01

For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

[BEHAVIORAL, PHYSIOLOGICAL AND MORPHOLOGICAL CHARACTERISTICS ASSOCIATED WITH POST-TRAUMATIC RESPONSE TO CONTINUOUS EXPOSURE VERSUS ALTERNATE EXPOSURE IN AN ANIMAL MODEL OF POST-TRAUMATIC STRESS DISORDER].

Science.gov (United States)

Ostfeld, Ishay; Kaplan, Zeev; Cohen, Hagit

2016-12-01

The aim of this study was to approximate these conditions in an animal model of post-traumatic stress disorder (PTSD). More specifically, the neurobiological basis of these conditions, focusing on stress-related behavioral changes, HPA-axis and morphological were evaluated. The intention was to employ this well-validated, reproducible and reliable model for PTSD, to elicit data which will provide some guidance in the planning of a prospective study involving military personal. Combat personnel are exposed to significant stress and hardship, both physical and emotional, during their service and especially during active combat. Military forces are increasingly involved in conflicts involving nonmilitary or paramilitary adversaries in which they are exposed not to battles but to sporadic events, in what has come to be labeled "low intensity conflict". "Low intensity conflict" refers to a level of hostilities or use of military power that falls short of a full scale conventional or general war. These are characterized by brief periods of extreme stress and tangible danger interspersed by prolonged periods of siege. Whereas the potentially traumatizing effect of battle conditions is well documented, the risks of the sporadic highly stressful nature of "low intensity conflict" have not been studied. Furthermore, in recent years, soldiers commonly receive "relaxation periods" before re-engaging in battle. This new policy may possibly contradict the traditional treatment principles, focusing on "proximity" and "continuity" to the battlefield and its effects have not been studied. Continuous and sporadic stresses, representing battlefield conditions, were induced in a validated rat animalmodel for PTSD and behavioral changes, hormonal levels and brain morphology were evaluated. Behavioral response, hormonal levels and brain morphological changes suggest that PTSD-like reactions were significantly higher in rats exposed to continuous stress compared to those exposed to

The copyright wars three centuries of trans-atlantic battle

CERN Document Server

Baldwin, Peter

2014-01-01

Today’s copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy ac...

Exploring UK medical and social work students' legal literacy: comparisons, contrasts and implications.

Science.gov (United States)

Preston-Shoot, Michael; McKimm, Judy

2013-05-01

To ensure acceptable practice standards both doctors and social workers should draw on relevant legal rules when reaching professional judgements concerning, for instance, children requiring protection, people with severe mental distress and adults at risk, information sharing, consent to intervention and service user involvement in their care and treatment. Many practitioners use the law to maintain high standards of professionalism. However, research has uncovered limited awareness of legal rules and poor standards of health and social care. Academic benchmarks and practice requirements for health and social care professions centrally position legal knowledge for secure decision-making. Model curricula exist. However, the outcomes of the taught curriculum on students' confidence in their legal knowledge and skills have been relatively overlooked. This article introduces the concept of legal literacy, a distillation of knowledge, understanding, skills and values that enables practitioners to connect relevant legal rules with their professional practice, to appreciate the roles and duties of other practitioners and to communicate effectively across organisational boundaries. It presents the outcomes for a 2006-2009 study of 1154 UK medical and 638 social work students of their law learning for practice, response rates of 46% and 68%. Significant differences were found between medical and social work students' attitudes towards the law, and in their self-ratings of legal knowledge and skills. Confidence levels were low and anxiety high, especially among medical students, although law teaching had some positive outcomes on knowledge and skill development. Social work and medical students associated different themes with the law, the latter especially foregrounding ethics, negligence and liability, which could affect inter-professional working. Students are not fully prepared for legally literate practice, with a consequent need to review the time allocated for, and

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.

Chiropractic professionalization and accreditation: an exploration of the history of conflict between worldviews through the lens of developmental structuralism.

Science.gov (United States)

Senzon, Simon A

2014-12-01

The purpose of this commentary is to describe the conflicts in the history of chiropractic's professionalization and conflict through the path of increasing educational standards and accreditation using the lens of developmental structuralism. Within the story of chiropractic's professionalization and accreditation lie the battles between competing worldviews. Gibbons proposed 4 periods of chiropractic's educational history; this article proposes a fifth period along with a new methodological approach to explore the complexity of chiropractic's history. The methodology draws upon constructive developmental psychology and proposes 5 levels of thinking common to the individuals from chiropractic's history. By using a psychological framework to analyze historical events, it appears that the battle within chiropractic education continues at present. Several important issues are explored: the Council on Chiropractic Education's origins in the medical paradigm and rational thinking, the pre-rational, rational, and post-rational critics of the Council on Chiropractic Education, the schools of thought that were reified or emerged from the history, as well as the more recent legal, economic, and social pressures, which helped to shape chiropractic's accreditation and professionalization. A transrational approach, one that includes the partial truths of all perspectives, is a first step to allow for a richer understanding of how the interior worldviews, individual actions, and the exterior forces (legal, economic, political, and educational) brought forth the chiropractic clashes together. Viewing the conflicts within chiropractic from this approach may foster new educational structures to evolve.

Retrospective research: What are the ethical and legal requirements?

Science.gov (United States)

Junod, V; Elger, B

2010-07-25

Retrospective research is conducted on already available data and/or biologic material. Whether such research requires that patients specifically consent to the use of "their" data continues to stir controversy. From a legal and ethical point of view, it depends on several factors. The main criteria to be considered are whether the data or the sample is anonymous, whether the researcher is the one who collected it and whether the patient was told of the possible research use. In Switzerland, several laws delineate the procedure to be followed. The definition of "anonymous" is open to some interpretation. In addition, it is debatable whether consent waivers that are legally admissible for data extend to research involving human biological samples. In a few years, a new Swiss federal law on human research could clarify the regulatory landscape. Meanwhile, hospital-internal guidelines may impose stricter conditions than required by federal or cantonal law. Conversely, Swiss and European ethical texts may suggest greater flexibility and call for a looser interpretation of existing laws. The present article provides an overview of the issues for physicians, scientists, ethics committee members and policy makers involved in retrospective research in Switzerland. It aims at provoking more open discussions of the regulatory problems and possible future legal and ethical solutions.

Medication-Related Practice Roles: An Ethical and Legal Primer for School Psychologists

Science.gov (United States)

Shahidullah, Jeffrey D.

2014-01-01

Given the prevalence of school-age children and adolescents who are prescribed with and are taking psychotropic medications, a critical issue that school psychologists may likely encounter in contemporary practice is providing both quality and continuity of care to these students in the context of relevant legal and ethical parameters. With a…

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...

Marketing legal services on the Internet

OpenAIRE

Alicja Mikołajczyk

2014-01-01

This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

Aruna Shanbaug and the right to die with dignity: the battle continues.

Science.gov (United States)

Kishore, R R

2016-01-01

Aruna Shanbaug's protracted continuance in a persistent vegetative state (PVS) for nearly 42 years needs to be viewed seriously by all those who believe in a person's inalienable right to dignity in dying. A terminally ill and/or incapacitated individual is a helpless person confronted with perpetual risk of intrusion in to his autonomy by the moral paternalists, owing to false notion of human virtues. Legislative inadequacy coupled with judicial heterogeneity has exposed the decision making process to unwarranted ambiguity. Misapplication of moral and juristic principles is a global challenge. 29-year-old Brittany Maynard's recent act of ending her life by migrating from California to Oregon has ignited a fierce debate and nearly half of the states in the USA are contemplating enactment of death with dignity legislation. Across the Atlantic, the European Court of Human Rights judgment on June 5, 2015, endorsing Vincent Lambert's right to end medical support, is a resounding affirmation of an individual's right to die with dignity. This article is an attempt to explore various dimensions of one's right to dignity in dying, in the global as well as the Indian context.

Abortion legalized: challenges ahead.

Science.gov (United States)

Singh, M; Jha, R

2007-01-01

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

Abortion in Iranian legal system: a review.

Science.gov (United States)

Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

2014-02-01

Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

Abortion Legalization and Adolescent Substance Use

OpenAIRE

Charles, Kerwin Kofi; Stephens, Melvin, Jr

2006-01-01

We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. BUTCULESCU

2014-05-01

Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

The Social Structure of Participants of the Battle of Blore Heath (September 23, 1459)

OpenAIRE

Andrey G. Prazdnikov

2017-01-01

The battle of Blore Heath which took place on September 23, 1459, marked the new stage of the Wars of Roses, which led to the change of dynasties at the English throne in less than two years. As it was not the clash of the main forces of House of Lancaster and House of York, the sources contain poor information about the battle’s participants. However, the analysis different sources let identify the names of 22 participants. Prosopographic study of this group contributes to the study of socia...

Chinese education in the novel by A. Chua Battle hymn of the tiger mother

Directory of Open Access Journals (Sweden)

Magda Wieteska

2017-07-01

Full Text Available Chinese culture and tradition stand in direct opposition to American and European cultures. Chinese children must live according to the principles of metaconfucianism from an early age. Failure to do so threatens social ostracism. Amy Chua in her autobiographical novel Battle Hymn of the Tiger Mother describes the education of her two daughters living in America according to the principles present in China. The educational methods used by Chua are considered controversial by western parents. The author made an attempt to explain the motives of Asian mothers.

Commission on Legal Matters

CERN Multimedia

Staff Association

2016-01-01

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

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

An empirical test of Lanchester's square law: mortality during battles of the fire ant Solenopsis invicta

OpenAIRE

Plowes, Nicola J.R; Adams, Eldridge S

2005-01-01

Lanchester's models of attrition describe casualty rates during battles between groups as functions of the numbers of individuals and their fighting abilities. Originally developed to describe human warfare, Lanchester's square law has been hypothesized to apply broadly to social animals as well, with important consequences for their aggressive behaviour and social structure. According to the square law, the fighting ability of a group is proportional to the square of the number of individual...

[Euthanasia: legal comparison in selected European countries].

Science.gov (United States)

Doležal, Adam

2018-01-01

This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

Design considerations for legalizing cannabis: lessons inspired by analysis of California's Proposition 19.

Science.gov (United States)

Caulkins, Jonathan P; Kilmer, Beau; MacCoun, Robert J; Pacula, Rosalie Liccardo; Reuter, Peter

2012-05-01

No modern jurisdiction has ever legalized commercial production, distribution and possession of cannabis for recreational purposes. This paper presents insights about the effect of legalization on production costs and consumption and highlights important design choices. Insights were uncovered through our analysis of recent legalization proposals in California. The effect on the cost of producing cannabis is largely based on existing estimates of current wholesale prices, current costs of producing cannabis and other legal agricultural goods, and the type(s) of production that will be permitted. The effect on consumption is based on production costs, regulatory regime, tax rate, price elasticity of demand, shape of the demand curve and non-price effects (e.g. change in stigma). Removing prohibitions on producing and distributing cannabis will dramatically reduce wholesale prices. The effect on consumption and tax revenues will depend on many design choices, including: the tax level, whether there is an incentive for a continued black market, whether to tax and/or regulate cannabinoid levels, whether there are allowances for home cultivation, whether advertising is restricted, and how the regulatory system is designed and adjusted. The legal production costs of cannabis will be dramatically below current wholesale prices, enough so that taxes and regulation will be insufficient to raise retail price to prohibition levels. We expect legalization will increase consumption substantially, but the size of the increase is uncertain since it depends on design choices and the unknown shape of the cannabis demand curve. © 2011 The Authors, Addiction © 2011 Society for the Study of Addiction.

Can legal research benefit from evaluation studies?

Directory of Open Access Journals (Sweden)

Frans L. Leeuw

2011-01-01

Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

45 CFR 400.115 - Establishing legal responsibility.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

27 CFR 73.33 - Am I legally bound by a form I sign electronically?

Science.gov (United States)

2010-04-01

... TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURES AND PRACTICES ELECTRONIC SIGNATURES; ELECTRONIC SUBMISSION OF FORMS Electronic Filing of Documents with TTB § 73.33 Am I legally bound... paper document submitted to satisfy the same reporting requirement. Persons using electronic signatures...

CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2015-11-01

Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2018-01-01

Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

Should Drugs Be Legalized?

Science.gov (United States)

Chambliss, William; Scorza, Thomas

1989-01-01

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

Legal Coordinator | IDRC - International Development Research ...

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

Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

3 CFR 8465 - Proclamation 8465 of December 15, 2009. 65th Anniversary of the Battle of the Bulge, 2009

Science.gov (United States)

2010-01-01

... the greatest American battle of the war and will, I believe, be regarded as an ever-famous American... represent the best of our Nation and we are eternally grateful for their service and sacrifice. NOW... set my hand this fifteenth day of December, in the year of our Lord two thousand nine, and of the...

Legal clinic gender sensitive method for law students

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Petrušić Nevena

2008-01-01

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

The Legal Ethical Backbone of Conscientious Refusal

DEFF Research Database (Denmark)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services

Directory of Open Access Journals (Sweden)

Deborah Pergament

2014-12-01

Full Text Available This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS, the Food and Drug Administration (FDA and the Federal Trade Commission (FTC, play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments.

Legal capital: an outdated concept

OpenAIRE

John Armour

2006-01-01

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

CONCEPTUAL AND LEGAL FRAMEWORK FOR THE ORGANIZATION OF MANAGEMENT ACCOUNTING AND COST CALCULATION IN INDUSTRY OF MANUFACTURING DAIRY PRODUCTS

OpenAIRE

Cristiana Bogdanoiu

2012-01-01

According to the legal framework of our country, economic units are responsible for organizing the management accounting adjusted to the specific activity. Economic and social transformations after 1989 led to significant changes in financial accounting, this being in a continuous process of harmonization with the principles, rules, conventions and accounting standards in countries with developed market economy. Legal framework in our country favored and still favors notable changes in accoun...

Will the Communist Party of China Be Able to Win the Anticorruption Battle?

Directory of Open Access Journals (Sweden)

Jinghao Zhou

2016-12-01

Full Text Available Since the Eighteenth National Congress of the Communist Party of China (CPC in 2012, the CPC has made great efforts to implement Xi Jinping's blueprint for achieving the “China Dream”. The on-going anticorruption campaign is part of the road map towards the “China Dream”. There has been impressive progress in fighting corruption, but the CPC recognizes that the anticorruption campaign faces a huge challenge and is at a crucial stage. The anticorruption campaign is a life-and-death battle that the CPC cannot afford to lose. The critical question is: How can the CPC win the battle in the current Chinese political system? The intention of this paper is not to offer specific measures, but to discuss policy implications by elucidating why some existing anticorruption measures do not work through examining the relationship between corruption and Chinese market economy and the political system. The basic assumption of this paper is that corruption is universal, but the characteristics of China’s corruption are different from other nations due to the nature of the Chinese economic, political and cultural systems. The key to anticorruption is to find and deal with the real causes of China’s corruption in order to make effective anticorruption measures. There are two opposite perspectives concerning the causes of corruption: While one suggests that the primary source of corruption is the political system, the other contends that corruption has nothing to do with the socialist political system. This paper attempts to argue that either denying or overemphasizing the roles of the current political system in spreading corruption is one-sided.

Achieving a deeper understanding of the implemented provisions of the Affordable Care Act.

Science.gov (United States)

Zhang, Shuang Qin; Polite, Blase N

2014-01-01

The Patient Protection and Affordable Care Act (ACA) was signed into law by President Barack Obama on March 23, 2010. Since that time, numerous regulations have been promulgated, legal battles continue to be fought and the major provisions of the law are being implemented. In the following article, we outline components of the ACA that are relevant to cancer health care, review current implementation of the new health care reform law, and identify challenges that may lie ahead in the post-ACA era. Specifically, among the things we explore are Medicaid expansion, health insurance exchanges, essential health benefits and preventive services, subsidies, access to clinical trials, the Medicare Part D donut hole, and physician quality payment reform.

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 Regimes of Official Information in Ukraine

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Serhii Yesimov

2018-04-01

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

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.

The Legal Ethical Backbone of Conscientious Refusal.

Science.gov (United States)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

Civil legal responsibility for environmental pollution

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Pajtić Bojan L.

2015-01-01

Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

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Amelia-Raluca ONIŞOR

2016-05-01

Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

Legal mentality: the interpretation of the scientific discourse

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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

Operating within the legal and ethical framework to gain co-operation when imaging paediatric patients

International Nuclear Information System (INIS)

Harvey-Lloyd, Jane M.

2013-01-01

This paper discusses the challenges faced by radiographers when imaging children. Using Maslow's Hierarchy of Needs as a framework it presents a logical exploration of the complex issues associated with imaging children and considers the legal and ethical framework alongside the nature of motivation and importance of gaining cooperation of the child and their carer(s). It is evident that a good knowledge of child development, child psychology and distraction techniques would enhance the family experience when attending for imaging examinations. Radiographers must continually familiarise themselves with current legislation affecting their practice and ensure that they continue to provide an optimum service for children and their carer(s). It may be advisable for post-registration courses to be offered to existing practitioners and for the Society and College of Radiographers to consider appointing a professional officer with expertise in paediatric imaging to offer legal advice and to support safe practice

Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

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Konrad Graf

2011-08-01

Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

The Social Structure of Participants of the Battle of Blore Heath (September 23, 1459

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Andrey G. Prazdnikov

2017-03-01

Full Text Available The battle of Blore Heath which took place on September 23, 1459, marked the new stage of the Wars of Roses, which led to the change of dynasties at the English throne in less than two years. As it was not the clash of the main forces of House of Lancaster and House of York, the sources contain poor information about the battle’s participants. However, the analysis different sources let identify the names of 22 participants. Prosopographic study of this group contributes to the study of social behavior models, the degree of influence of the Wars of Roses on English society, the activity of representatives of different social strata. The social structure of the group, most of which are the representatives of the English gentry, is the object of the article. There is information in the sources about the origin of the knights. The House of York under the command of Earl of Salisbury were mostly from Northern and North-Western counties (Yorkshire, Westmorland, whereas House of Lancaster formed their troops in Cheshire, Staffordshire and Lancashire. As a rule, officers in the army of the Earl of Salisbury, were in close personal or family ties with him. The study of further lives of the participants of the battle and biographies of their children showed that the adherence of the chosen dynasty was preserved by generations and change of the parties was rather a deviation from the norm. English nobility of the second half of the 15th century had a high opinion of the value of loyalty and honor.

Organizational Factors Affecting Legalization in Education.

Science.gov (United States)

Meyer, John W.

Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

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Carlos Enrique Escobar Gónima

2002-02-01

Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

Morocco : Legal and Judicial Sector Assessment

OpenAIRE

World Bank

2003-01-01

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

The Theory of the Legal State

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L. J. Du Plessis

1981-03-01

Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

The Legalization of Higher Education

Science.gov (United States)

Badke, Lara K.

2017-01-01

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

Restoring stakeholders’ trust in multinationals’ tax planning practices with corporate social responsibility (CSR)

NARCIS (Netherlands)

Jallai, Ave-Geidi; Peeters, Bruno; Gribnau, Hans; Badisco, Jo

2017-01-01

This contribution discusses the tax planning behaviour of big corporations and investigates Corporate Social Responsibility (CSR) as a tool to battle the issue. It will be argued that certain legal tax planning strategies of multinationals are not acceptable to local communities and the public in

The Legal Regulation of Cybersecurity

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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

Calibrating Legal Judgments

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Frederick Schauer

2017-09-01

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

The users of legal information

Directory of Open Access Journals (Sweden)

Fabio Assis Pinho

2012-04-01

Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

Legal Marketing and Lawyer's Communication

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Sara Casolaro

2016-09-01

Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

Legal Translation Dictionaries for Learners

DEFF Research Database (Denmark)

Nielsen, Sandro

2010-01-01

in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

A Survey of Business Alumni: Evidence of the Continuing Need for Law Courses in Business Curricula

Science.gov (United States)

Tanner, John; Keaty, Anne; Major, Christopher

2004-01-01

For decades, faculty in colleges of business who teach various legal courses to business students (hereinafter referred to as legal studies faculty) have been advocates of the need for such law courses in the curricula of their business students. The purpose of this article is to continue the effort to reaffirm business students' need for exposure…

CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

OpenAIRE

Claudiu Ramon D. Butculescu

2015-01-01

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

Studying Legal Cultures and Encounters?

DEFF Research Database (Denmark)

Petersen, Hanne

2015-01-01

This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

Legal Principles and Legislative Instrumentalism

NARCIS (Netherlands)

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

2003-01-01

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

€œLegal Boundaries of Online Advertising"

OpenAIRE

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

2014-01-01

This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

Legal liabilities in continuing education: protecting your institution and yourself.

Science.gov (United States)

Allington, G H; Cava, A

1988-01-01

Continuing medical education (CME) activities conducted by medical schools, institutions, or organizations contain inherent liability potentials that should be recognized. Three major areas for potential liability should be carefully regarded by individuals who supervise, organize, or plan educational programs. These are: 1) contract liability--specifically in contracts with hotels, i.e., cancellation clauses, warranties, and indemnifications; 2) liability for ensuring the health and safety of individuals, i.e., fire, security, hazards, emergency procedures, and alcohol at functions; and 3) appropriate and adequate insurance coverage.

LEGAL ISSUES IN SHARI’A PAWN GOLD PRACTICE IN INDONESIA

Directory of Open Access Journals (Sweden)

Lastuti Abubakar

2017-12-01

Full Text Available In the past few years there is a trend of applying Islamic concept in Indonesia’s economic system and it has implications to existing legal system whereby new legal system should accommodate the changes. One of the institutions that uses both conventional and shari’a system in Indonesia is  pawning as an alternative financing mechanism, particularly for micro and consumption sectors. In practice, the function of pawning as financing instrument has shifted into investment by continuously doing pawning and buying. As a result, people who really need fund for financing are not facilitated.  The current regulation has allowed this practice for banks, pawnshops and financial institutions to offer pawn gold that is not for financing activity but for investment activity. Therefore, it raised  a question whether this activity is complying with the shari’a principles. What kind of regulations that can make the function of pawning back to its original purpose as financing mechanism. This study uses normative juridical approach by using secondary data from the legal resources, with specification of research methods using descriptive analysis whereas data are qualitatively described. The findings from this study reveal that the practice of pawning gold in Indonesia has not been fully consistent with the pawning function, therefore; it requires appropriate regulation so that the original function as the alternative financing for households and small medium enterprises (SMEs is not shifted to gold investment vehicles. Pawning gold is expected to be complementary to the businesses and households in terms of financing that cannot be fulfilled by the banks and other financial institutions.   Keywords: Pawn Gold, Legal Pawning, Shari’a

Legal Knowledge and Agility in Public Administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2013-01-01

To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

Athletic Eligibility: Right or Privilege?

Science.gov (United States)

Reeves, Kimberly

1998-01-01

Berkeley High School, with the nation's largest sports program, had numerous student eligibility violations in 1997. Many districts are defending the validity of their eligibility practices, as parents push harder for their children's right to compete on school teams. This article covers legal battles, competitive environments, legislative…

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

2004-01-01

Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

Directory of Open Access Journals (Sweden)

RADA POSTOLACHE

2012-05-01

Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

George Guthrie's clinical trial at the Napoleonic War Battle of Toulouse in 1814.

Science.gov (United States)

Malhan, Neeraj K; Greenslade, Tessa; Mitchell, Piers D

2009-08-01

George James Guthrie (1785-1856) was a British military surgeon who came to prominence during the Napoleonic Wars (1803-15). He wrote several books on military surgery and was President of the Royal College of Surgeons of England three times. However, his most innovative and important achievement has largely gone unrecognised by modern historians. In 1814, at the battle of Toulouse in the Peninsular Campaign, he performed a landmark early trial of the treatment of musket wounds to the thigh. Here we not only discuss this clinical trial and place it in its social context, but also present the pathological skeletal specimens of two wounded British soldiers who took part in it.

Collaborative Legal Pluralism

Directory of Open Access Journals (Sweden)

Wim Decock

2017-01-01

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

Subverting Justice: Socio-Legal Determinants of Impunity for Violence against Women in Guatemala

Directory of Open Access Journals (Sweden)

Cecilia Menjívar

2016-07-01

Full Text Available High levels of violence against women and impunity in Guatemala have reached crisis proportions and have received increased international attention in recent years. The phenomenon of feminicide (e.g., killings of women in the context of state impunity, is widespread in Latin America and particularly acute in Guatemala. Many (if not the majority are rooted in violence that becomes concentrated in the family. In this paper, we propose that both the structure and application of the laws in Guatemala contribute to widespread impunity. Police and judges use laws other than those created to address violence against women in order to justify lack of enforcement. For example, judges resist issuing restraining orders, and police refuse to apply them because this can violate perpetrators’ property rights. Judges also refuse to apply domestic violence laws because this violates the principle of equality under the law. Women refuse to use the legal system to seek justice because alimony laws will not be enforced and women are economically dependent. The discriminatory fashion in which these laws are applied leads to widespread impunity. Even though laws on the books could be applied otherwise, those who implement them privilege laws that conflict with violence against women laws. While much scholarship focuses on individual-level motives for violence, we instead analyze the socio-legal environment and existing legal codes that enable continued failure to respond adequately to violence against women. The legal framework and the legal code itself are deeply shaped by the context in which they are written—the structural, gender, symbolic, everyday and long arm of political violence that permeate all aspects of life in Guatemala and exacerbate women’s vulnerability, especially the poor. We argue that this broader legal context endangers the lives of women in Guatemala. We also extend the socio-legal scholarship to highlight failures for victim�

Health Law as a Legal Discipline

DEFF Research Database (Denmark)

Madsen, Helle Bødker

2011-01-01

The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

Science, truth, and forensic cultures: the exceptional legal status of DNA evidence.

Science.gov (United States)

Lynch, Michael

2013-03-01

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of 'moral certainty', scientific proof attained a reputation for objectivity. Although most forms of legal evidence (including expert evidence) continue to be treated as fallible 'opinions' rather than objective 'facts', forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The 'administrative objectivity' of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of 'truth' in the criminal justice system. Copyright © 2012. Published by Elsevier Ltd.

[The consequences of the legalization of abortion within the Rostock area (GDR)].

Science.gov (United States)

Mehlan, K H

1974-11-04

On March 9, 1972, the German Democratic Republic legalized abortion as one of the social and health policy measures with humanitarian goals to promote family life and improve living conditions. In evaluating the effect of the law, the development of fertility and frequency of abortion in Rostock District were studied for the years 1965 to 1973. In the first year after the new law went into effect, legal abortions increased about fivefold, which was expected; hospital abortions in 1973 decreased by about 40%. Compared to other Eastern European countries and to New York City, the frequency of abortion was still low. In the second year of the law, a further increase in abortions was not seen either in Rostock or the GDR as a whole. More women decided to continue their pregnancies; the number of women on oral contraceptives increased from about 1 million at the beginning of 1972 to about 1.2 million at the beginning of 1973. In 1972, for every 1000 women of reproductive age, there were 33 legal abortions in Rostock District; in the same period, for every 100 live births, there were 56 abortions.

Legal risk management in shipping

DEFF Research Database (Denmark)

Siig, Kristina

The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

Screening for Elder Mistreatment among Older Adults Seeking Legal Assistance Services

Directory of Open Access Journals (Sweden)

Sheryl M Strasser

2013-08-01

Full Text Available Introduction: The aging population is a rapidly growing demographic in the United States. Isolation, limited autonomy, and declining physical and mental health render many older adults vulnerable to elder mistreatment (EM. The purpose of this study was to assess the prevalence and correlates of EM among a sample of older adults using legal assistance services in Atlanta, Georgia.Methods: Researchers administered surveys to consenting older adults (aged 60þ in 5 metro Atlanta community centers that hosted legal assistance information sessions as part of the Elderly Legal Assistance Program. The surveys screened for risk factors and prevalence of EM risk using valid and reliable measures and included additional questions regarding demographics characteristics and healthcare use behaviors.Results: Surveys were completed by 112 participants. Findings reveal that 32 (28.6% respondents met the criteria for elder abuse / neglect risk; 17 (15.2% respondents met criteria for depression; and 105 (93.7% had visited a healthcare provider during the past 6 months.Conclusion: The rates of EM risk in this sample were higher than those previously reported in research. Findings support continued examination of unique risks that may be present among older adults who may be possibly facing legal issues. Additionally, the reported frequency of healthcare visits among participants reveals a promising opportunity to examine development of a more widespread EM screening approach to be conducted in non-emergency settings. Interdisciplinary collaboration is required to inform screening approaches that account for complexities that EM cases present. [West J Emerg Med. 2013;14(4:309–315.

5 CFR 582.202 - Service of legal process.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

Spatial Explorations and Digital Traces: Experiences of Legal Blindness through Filmmaking

Directory of Open Access Journals (Sweden)

Adolfo Ruiz

2016-01-01

Full Text Available Descriptions of legal blindness, as lived experience—involving continual movement between the world of sightedness and blindness—are largely absent within medical models of disability. In an effort to challenge depictions of blindness as pathology, researchers in this project worked with participants who are legally blind, in a co-designed exploration of built spaces in the city of Edmonton, Canada. In this article we describe a collaborative research method through which participants shared stories while recording their movement through a shopping mall, an art gallery, and a gym. Through this project, participants often took the lead, determining the content and context of urban journeys. Stories and images shared through this collaboration suggest that legal blindness is an alternative way of knowing the world, with unique perceptual experiences, navigational strategies, and complexity that is often unacknowledged within a medically constructed blindness/sightedness binary. In describing the complex relationship between participants, researchers, architecture, and technology we will combine narrative forms of writing with actor-network theory. The sharing of stories, along with lived experiences has led to a project that revolves around ability, as opposed to disability. A link to the film is provided at the end of this article.

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.

[Communication in health care - legal aspects].

Science.gov (United States)

Mina, András

2016-04-24

This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

Does Legalized Prostitution Increase Human Trafficking?

OpenAIRE

Seo-Young Cho; Axel Dreher; Eric Neumayer

2011-01-01

This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...

Legal Aspects of the Web.

Science.gov (United States)

Borrull, Alexandre Lopez; Oppenheim, Charles

2004-01-01

Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

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...

28 CFR 543.15 - Legal aid program.

Science.gov (United States)

2010-07-01

... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...

Platform economy in legal profession : An empirical study on online legal service providers in China

NARCIS (Netherlands)

Li, Jing

2018-01-01

Platform economy breaks into the legal profession by pooling lawyers with different specializations into a simple user-friendly platform, consolidating the lower-tier supply side of the legal market and generating economy of scale. This paper is the very first empirical piece looking into China’s

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.

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 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

Legal Research in a Changing Information Environment

African Journals Online (AJOL)

tduplessis

opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

Restoring nature: continuing the conversation

Science.gov (United States)

Paul H. Gobster; R. Bruce Hull

2001-01-01

In the course of our lives we are sometimes confronted by events that jolt us out of our everyday experience. These events can be positive-the birth of a child, a move to a new region or country, the rediscovery of a species thought to be lost from an ecosystem. Such events can also be negative-the death of a loved one, a lost political battle, the bulldozing of a...

Through Trial and Error: Learning and Adaptation in the English Tactical System from Bannockburn to Poitiers

Science.gov (United States)

2014-06-13

game often with legal outcome but without actual battles. The events were often enhanced with elaborate armor, horse comparisons, music , art, food...and festivity .140 Knight. Used in English to identify a mounted, armored warrior of the Middle Ages, who was expected to fight according to a well

Ground Zero in the Debate over Stem-Cell Research.

Science.gov (United States)

Southwick, Ron

2001-01-01

Describes how political, legal, and ethical battles over embryonic stem-cell research are focused on the University of Wisconsin at Madison, where the cells were first isolated. Addresses the issue of access to the university's stem cells and a recent presidential decision regarding funding for stem-cell research.(EV)

Standard of care: the legal view.

Science.gov (United States)

Curley, Arthur W; Peltier, Bruce

2014-01-01

The standard of care is a legal construct, a line defined by juries, based on expert testimony, marking a point where treatment failed to meet expectations for what a reasonable professional would have done. There is no before-the-fact objective definition of this standard, except for cases of law and regulation, such as the Occupational Safety and Health Admintration (OSHA). Practitioners must use their judgment in determining what would be acceptable should a case come to trial. Professional codes of conduct and acting in the patient's best interests are helpful guides to practicing within the standard of care. Continuing education credit is available for this and the following article together online at www.dentalethics.org for those who wish to complete the quiz and exercises associated with them (see Course 22).

30 CFR 41.20 - Legal identity report.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...

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...

Terrorism as a Social and Legal Phenomenon

Science.gov (United States)

Serebrennikova, Anna; Mashkova, Yekaterina

2017-01-01

This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

[Temporary disability and its legal implications].

Science.gov (United States)

Martin-Fumadó, Carles; Martí Amengual, Gabriel; Puig Bausili, Lluïsa; Arimany-Manso, Josep

2014-03-01

Temporary disability is the condition that workers face when, as the result of illness (common or professional) or accident (work-related or not), they are temporarily prevented from performing their work and require health care. The management of temporary disability is a medical act that involves (in addition to a complex clinical assessment) obvious social, occupational and financial connotations and requires continuing medical follow-up from doctors, as well as responses to medical-legal conflicts. The regulatory framework on the subject is extensive in the Spanish setting and highly diverse in the European setting. Beyond the regulatory framework, the repercussions of temporary disability are self-evident at all levels. Although determining temporary disability is a common medical act for practicing physicians, it is not exempt from risks or difficulties arising from the assessment itself and the characteristics of practicing medical care. Established medical-legal conflicts include the processing of health data and the requirements for transferring information related to workers' temporary disability to their company's medical services. The interest and usefulness demonstrated by the data obtained from forensic medicine for public health require the incorporation of these data into general healthcare information, as it could be essential to the surveillance of worker health. The recommendations established by medical societies, as good practice guidelines, are especially useful in this type of conflict. Copyright © 2014 Elsevier España, S.L. All rights reserved.

Legal terminology

DEFF Research Database (Denmark)

Engberg, Jan

2013-01-01

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

The International Legal Personality of the Individual

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

Telemedicine: licensing and other legal issues.

Science.gov (United States)

Siegal, Gil

2011-12-01

The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

18 CFR 3b.5 - Legal guardians.

Science.gov (United States)

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...

Competitive Legal Professionals' use of Technology in Legal ...

African Journals Online (AJOL)

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 ...

Should Pediatric Euthanasia be Legalized?

Science.gov (United States)

Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

2018-02-01

Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

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.

Clinical photography in dermatology: ethical and medico-legal considerations in the age of digital and smartphone technology.

Science.gov (United States)

Kunde, Lauren; McMeniman, Erin; Parker, Malcolm

2013-08-01

Clinical photography has long been an important aspect in the management of dermatological pathology and has many applications in contemporary dermatology practice. With the continuous evolution of digital and smartphone technology, clinicians must maintain ethical and medico-legal standards. This article reviews how dermatology trainees are utilising this technology in their clinical practice and what procedures they follow when taking photos of patients. We review the ethical and legal considerations of clinical photography in dermatology and present a hypothetical medico-legal scenario. Dermatology registrars were surveyed on their use of personal smartphones and digital equipment for photographing patients in their clinical practice. Numerous medico-legal providers were approached to provide medico-legal advice about a hypothetical scenario. We found that the use of these technologies is prevalent among dermatology registrars and all respondents reported regular use. Clinicians should routinely obtain and document adequate patient consent in relation to clinical photography, utilise strict privacy settings on smartphones and other digital devices and ensure that the images are stored on these devices for minimal periods. Express consent documentation in the clinical file puts the clinician in a more defensible position if a complaint is made to the medical board or privacy commissioner. © 2013 The Authors. Australasian Journal of Dermatology © 2013 The Australasian College of Dermatologists.

Ethical and legal issues in caring for asylum seekers and refugees in the UK.

Science.gov (United States)

Hamill, M; McDonald, L; Brook, G; Murphy, S

2004-11-01

Inward migration to the UK remains topical and controversial as numbers continue to increase. Many immigrants have specific health care needs and may shoulder a large burden of infectious disease. Imposition of legal constraints can have a huge impact on the medical care afforded to immigrants. Currently UK policy is to treat, free of charge and with NHS resources, those who fulfil specific criteria. However an increasing number are being asked to pay for their treatment. Many health care professionals are confused as to current legal restrictions and require guidance on the associated ethical issues. We concentrate on provision of care to HIV positive individuals and use cases to illustrate some of the issues. However these issues are equally pertinent to practitioners in all branches of medicine.

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

Science.gov (United States)

Trinkner, Rick; Cohn, Ellen S

2014-12-01

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

The latitude of logic in legal hermeneutics

Directory of Open Access Journals (Sweden)

Medar Suzana

2014-01-01

Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

Labour Market Interactions Between Legal and Illegal Immigrants

OpenAIRE

Epstein, Gil S

2000-01-01

This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

Labor Market Interactions Between Legal and Illegal Immigrants

OpenAIRE

Epstein, Gil S.

2000-01-01

This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

Science.gov (United States)

Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

2016-12-01

The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

Workability of the norms of transparency and accountability against ...

African Journals Online (AJOL)

This paper discusses the workability of the existing norms of transparency and accountability in the battle against corruption in Nigeria. Incontrovertibly, high level corruption pervades every nook and cranny of the country to the detriment of its citizens. Although anti-corruption norms exist in the Nigerian legal order, high ...

Legal consequences of kleptomania.

Science.gov (United States)

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

2009-12-01

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

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)

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.

Grant Patents on Animals? An Ethical and Legal Battle Looms.

Science.gov (United States)

Wheeler, David L.

1987-01-01

Rulings on applications for animal patents being considered by the U.S. Patent and Trademark Office could profoundly influence university patent and research income. Many animal-rights advocates have expressed philosophical objections to genetic engineering of animals. (MLW)

LKIF Core: principled ontology development for the legal domain

NARCIS (Netherlands)

Hoekstra, R.; Breuker, J.; Di Bello, M.; Boer, A.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

2009-01-01

In this paper we describe a legal core ontology that is part of the Legal Knowledge Interchange Format: a knowledge representation formalism that enables the translation of legal knowledge bases written in different representation formats and formalisms. A legal (core) ontology can play an important

The Uneven Legal Push for Europe

DEFF Research Database (Denmark)

Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons

2009-01-01

National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....

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

Human right to sanitation in the legal and non-legal literature : The need for greater synergy

NARCIS (Netherlands)

Obani, P.; Gupta, J.

2016-01-01

This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private

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

Religious legal systems: challenges of the modernity

Directory of Open Access Journals (Sweden)

Д. В. Лук’янов

2015-11-01

Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

Implementing CDM projects. A guidebook to host country legal issues; CDM - Clean Development Mechanism

Energy Technology Data Exchange (ETDEWEB)

Curnow, P [Baker and McKenzie, London (United Kingdom); Hodes, G [UNEP Risoe Centre on Energy, Climate and Sustainable Development, DTU, Roskilde (Denmark)

2009-08-15

The Clean Development Mechanism (CDM) continues to evolve organically, and many legal issues remain to be addressed in order to maximise its effectiveness. This Guidebook explains through case studies how domestic laws and regulatory frameworks in CDM Host Countries interact with international rules on carbon trading, and how the former can be enhanced to facilitate the implementation and financing of CDM projects. (author)

[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.

Continuity planning for workplace infectious diseases.

Science.gov (United States)

Welch, Nancy; Miller, Pamela Blair; Engle, Lisa

2016-01-01

Traditionally, business continuity plans prepare for worst-case scenarios; people plan for the exception rather than the common. Plans focus on infrastructure damage and recovery wrought by such disasters as hurricanes, terrorist events or tornadoes. Yet, another very real threat looms present every day, every season and can strike without warning, wreaking havoc on the major asset -- human capital. Each year, millions of dollars are lost in productivity, healthcare costs, absenteeism and services due to infectious, communicable diseases. Sound preventive risk management and recovery strategies can avert this annual decimation of staff and ensure continuous business operation. This paper will present a strong economic justification for the recognition, prevention and mitigation of communicable diseases as a routine part of continuity planning for every business. Recommendations will also be provided for environmental/engineering controls as well as personnel policies that address employee and customer protection, supply chain contacts and potential legal issues.

Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

Directory of Open Access Journals (Sweden)

Melania Navas Graterol

2017-11-01

Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

Directory of Open Access Journals (Sweden)

Eugene Stepanovich Shevlakov

2015-09-01

Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

After the Slippery Slope: Dutch Experiences on Regulating Active Euthanasia

OpenAIRE

Boer, Th.A.

2003-01-01

“When a country legalizes active euthanasia, it puts itself on a slippery slope from where it may well go further downward.” If true, this is a forceful argument in the battle of those who try to prevent euthanasia from becoming legal. The force of any slippery-slope argument, however, is by definition limited by its reference to future developments which cannot empirically be sustained. Experience in the Netherlands—where a law regulating active euthanasia was accepted in April 2001—may shed...

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.

Caffeine and bicarbonate for speed. A meta-analysis of legal supplements potential for improving intense endurance exercise performance

DEFF Research Database (Denmark)

Christensen, Peter Møller; Shirai, Yusuke; Ritz, Christian

2017-01-01

the likelihood of winning, athletes utilizes legal supplements with or without scientifically documented beneficial effects on performance. Therefore, a continued systematic evidence based evaluation of the possible ergogenic effects is of high importance. A meta-analysis was conducted with a strict focus...

Supporting the legal Practitioner LKBS or the Web?

NARCIS (Netherlands)

Leenes, R.E.; Svensson, Jorgen S.

1997-01-01

The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.

Realistic rhetoric and legal decision

Directory of Open Access Journals (Sweden)

João Maurício Adeodato

2017-06-01

Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

Accommodating the medical use of marijuana: surveying the differing legal approaches in Australia, the United States and Canada.

Science.gov (United States)

Bogdanoski, Tony

2010-02-01

While the scientific and medical communities continue to be divided on the therapeutic benefits and risks of cannabis use, anecdotal evidence from medical users themselves suggests that using cannabis is indeed improving their quality of life by alleviating their pain and discomfort. Notwithstanding the benefits anecdotally claimed by these medical users and the existence of some scientific studies confirming their claims, criminal drug laws in all Australian and most United States jurisdictions continue to prohibit the possession, cultivation and supply of cannabis even for medical purposes. However, in contrast to Australia and most parts of the United States, the medical use of cannabis has been legal in Canada for about a decade. This article reviews these differing legal and regulatory approaches to accommodating the medical use of cannabis (namely, marijuana) as well as some of the challenges involved in legalising it for medical purposes.

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.

Censorship and the Media.

Science.gov (United States)

Rohrer, Daniel Morgan

This review of current legal practices with respect to censorship in the areas of obscenity and pornography contains a history of anti-obscenity legislation; a review of the efforts of the United States Supreme Court and lower courts to define obscenity; a discussion of publisher Larry Flynt's battle against the "community standards"…

Legal Frame of Non-Social Robots

NARCIS (Netherlands)

Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.

2016-01-01

This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the

Formation of ideal of legal personality

Directory of Open Access Journals (Sweden)

Віта Олександрівна Сліпенчук

2016-01-01

Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

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.

Legal briefing: home birth and midwifery.

Science.gov (United States)

Pope, Thaddeus Mason; Fisch, Deborah

2013-01-01

This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

Medical legal aspects of radiation oncology

International Nuclear Information System (INIS)

Wall, Terry J.

1996-01-01

The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed

Society as a crime victim of legal entities

Directory of Open Access Journals (Sweden)

Tanjević Nataša

2011-01-01

Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

Legal aspects of nuclear energy

International Nuclear Information System (INIS)

Kraut, A.

1981-01-01

The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

Responsive Legal Approach to Law of Human Trafficking in Indonesia

Science.gov (United States)

Farhana

2018-01-01

Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

Creating a Danish legal language: legal terminology in the medieval Law of Scania

DEFF Research Database (Denmark)

Tamm, Ditlev; Vogt, Helle

2013-01-01

In the decades after 1200 the kingdom of Denmark developed a corpus of provincial laws written in Danish for the three major legal provinces. With the legislation for the eastern province of Scania as a starting point, this article shows how the writing down of the law led not only to the creatio...... of a legal language but to a written vernacular language in general. It was not until the fifteenth century that written Danish was found outside of texts; charters and narrative until that point had been written in Latin....

Curbing Abuses of Legal Power in the Society

OpenAIRE

Tajudeen Ojo Ibraheem

2015-01-01

In a world characterized by greed and the lust for power and its attendant trappings, abuse of legal power is nothing new to most of us. Legal abuses of power abound in all fields of human endeavour. Accounts of such abuses dominate the mass media and for the average individual, no single day goes by without his getting to hear about at least one such occurrence. This paper briefly looks at the meaning of legal power, what legal abuse is all about, its causes, and some of...

Legal Information Sources: An Annotated Bibliography.

Science.gov (United States)

Conner, Ronald C.

This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

Rule of law and legal epistemology

NARCIS (Netherlands)

Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

2016-01-01

In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such

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 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....

[Biopiracy: about its legal meanings].

Science.gov (United States)

Ramírez García, Hugo Saúl

2009-01-01

This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

German Legal History: National Traditions and Transnational Perspectives

Directory of Open Access Journals (Sweden)

Thomas Duve

2014-01-01

Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.

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

Choice: Ethical and Legal Rehabilitation Challenges.

Science.gov (United States)

Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

2000-01-01

The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…

THE RATIONALE OF LAW. THE ROLE AND IMPORTANCE OF THE LOGICAL METHOD OF INTERPRETATION OF LEGAL NORMS

Directory of Open Access Journals (Sweden)

Mihai BĂDESCU

2017-05-01

Full Text Available The interpretation of law was and remains an indispensable postulation, inherent and the most significant in the application of the law. Through interpretation the aim is to clarify the obscure text, to rectify the imperfection of the text of the legal norm, to remedy its shortcomings, and in consequence, to specify the exact meaning of the legal norm. Interpretation concerns itself with emphasizing the authentic meaning of the normative texts, finding the spirit of the lawmaker-author, the authentic legal sense of the actions that occurred, of the conduct of the perpetrator, and the significant legal connection of these meanings. The necessity of interpreting legal norms is justified by several considerations, out of which the most important remains the one regarding the act that the lawmaker cannot and need not provide everything in the normative text. The unity between the spirit and the letter of the law, the continuity of interpretation, the useful effect of the legal norm are just a few of the principles that need to be taken into account in interpretation. Be it official (obligatory, or unofficial (doctrinary, interpretation remains an extremely important stage in the application of the law: the literature of specialty consecrates five important methods of interpretation (grammatical, historical, systematical, teleological, and logical. The latter method allows for the formulation by the interpreter of certain rational assessments, done through operations of generalization, of logical analysis of the text, of analogy, through applying formal logic. The present study will mainly deal with this method, analyzing the main logical arguments used in interpretation.

Visions of the Future of (Legal) Education

OpenAIRE

Madison, Michael

2017-01-01

One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.

Legal regulation of treatment of wild animals

OpenAIRE

Kolečkářová, Eliška

2014-01-01

The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...

Crime and the Legalization of Recreational Marijuana

OpenAIRE

Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio

2017-01-01

We provide first-pass evidence that the legalization of the cannabis market across US states may be inducing a crime drop. Exploiting the recent staggered legalization enacted by the adjacent states of Washington (end of 2012) and Oregon (end of 2014) we find, combining county-level difference-in-differences and spatial regression discontinuity designs, that the legalization of recreational marijuana caused a significant reduction of rapes and thefts on the Washington side of the border in 20...

A computerized legal information management system | Ohiagu ...

African Journals Online (AJOL)

A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

Clarity Versus Accuracy and Objectivity in Written Legal English

Directory of Open Access Journals (Sweden)

Violeta Janulevičienė

2011-12-01

Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.

" Canvas " and the Legal Business Model

Directory of Open Access Journals (Sweden)

Frederico de Andrade Gabrich

2016-06-01

Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.

Legal Briefing: Unwanted Cesareans and Obstetric Violence.

Science.gov (United States)

Pope, Thaddeus Mason

2017-01-01

A capacitated pregnant woman has a nearly unqualified right to refuse a cesarean section. Her right to say "no" takes precedence over clinicians' preferences and even over clinicians' concerns about fetal health. Leading medical societies, human rights organizations, and appellate courts have all endorsed this principle. Nevertheless, clinicians continue to limit reproductive liberty by forcing and coercing women to have unwanted cesareans. This "Legal Briefing" reviews recent court cases involving this type of obstetric violence. I have organized these court cases into the following six categories: 1. Epidemic of Unwanted Cesareans 2. Court-Ordered Cesareans 3. Physician-Coerced Cesareans 4. Physician-Ordered Cesareans 5. Cesareans for Incapacitated Patients 6. Cesareans for Patients in a Vegetative State or Who Are Brain Dead. Copyright 2017 The Journal of Clinical Ethics. All rights reserved.

Similarities and differences between continuous sedation until death and euthanasia - professional caregivers' attitudes and experiences: A focus group study

NARCIS (Netherlands)

Anquinet, L.; Raus, K.; Sterckx, S.; Smets, T.; Deliens, L.; Rietjens, J.A.C.

2013-01-01

Background: According to various guidelines about continuous sedation until death, this practice can and should be clearly distinguished from euthanasia, which is legalized in Belgium. Aim: To explore professional caregivers perceptions of the similarities and differences between continuous sedation

4 CFR 83.18 - Rights of legal guardians.

Science.gov (United States)

2010-01-01

... 4 Accounts 1 2010-01-01 2010-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual...

Legal-institutional arrangements facilitating offshore wind energy conversion systems (WECS) utilization. Final report

Energy Technology Data Exchange (ETDEWEB)

Mayo, L.H.

1977-09-01

Concern for the continuing sufficiency of energy supplies in the U.S. has tended to direct increasing attention to unconventional sources of supply, including wind energy. Some of the more striking proposals for the utilization of wind energy relate to offshore configurations. The legal-institutional arrangements for facilitating the utilization of offshore wind energy conversion systems (WECS) are examined by positioning three program alternatives and analyzing the institutional support required for the implementation of each.

Attorney and Parent Attitudes Related to Successful Mediation Counseling of Child Custody Disputes.

Science.gov (United States)

Swenson, Leland C.; Heinish, D.

The divorce explosion has placed a substantial burden on the judicial system of the United States. About 10 percent of divorce cases involve child custody battles. The adversarial legal process may be contrary to the children's best interest. Custody mediation has been used as an alternative to court litigation. California law requires an attempt…

The Legal Regulation of Cybersecurity

OpenAIRE

Darius Štitilis

2013-01-01

Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

LEGAL ASPECTS OF A MANAGEMENT OF INFRASTRUCTURE PUBLIC INVESTMENTS IN REGIONS. DILEMMAS OF THE SOCIO-ECONOMIC DEVELOPMENT

Directory of Open Access Journals (Sweden)

Eryk Kosiński

2014-09-01

Full Text Available This article provides for an analysis of legal aspects of certain particular investment processes within technical infrastructure in the Polish regions (voivodeships, but in the counties and communes as well. Those mentioned investments are undertaken in the areas of roads, railroads, airports and telecommunication. The impact of the investments is crucial in terms of the socio-economic development of the modern state and society. All dilemmas in terms of the mentioned investments’ management are related to legal regulations imposed by the state. It is noteworthy that those special regulations are aimed at organising the investment process in an efficient and adequately speedy way. Those regulations provide for a broad legal environment of business within the infrastructure investments. All of those regulations are necessary in order to push the continuous progress of the Polish regions targeting at reacting the level of socio-economic development of the so-called western countries (old, early members of the EU.

"A Lesson in Love": The Right to Autonomy of the Disabled

Directory of Open Access Journals (Sweden)

Fernanda Holanda Fernandes

2016-06-01

Full Text Available The International Convention on the Rights of Persons with Disabilities aims to promote the autonomy of these individuals. In this context, it guarantees the right to sexuality, family pool, legal recognition, civil and political rights, etc. From this perspective, the goal is to understand autonomy as an element of human dignity and the theoretical foundations of exercise for people with disabilities. As an example, presents the movie "I Am Sam" in the history of a parent with mental retardation and their legal battle for custody of their daughter.

The Impact of Legalized Abortion on Crime

OpenAIRE

John Donohue; Steven Levitt

2000-01-01

We offer evidence that legalized abortion has contributed significantly to recent crime reductions. Crime began to fall roughly 18 years after abortion legalization. The 5 states that allowed abortion in 1970 experienced declines earlier than the rest of the nation, which legalized in 1973 with Roe v. Wade. States with high abortion rates in the 1970s and 1980s experienced greater crime reductions in the 1990s. In high abortion states, only arrests of those born after abortion legaliz...

31 CFR 3.3 - Legal review.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any...

31 CFR 3.22 - Legal review.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims...

16 CFR 698.2 - Legal effect.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...

EVANGELICAL IMAGES AND MOTIFS IN SERGEY ORLOV'S POEMS ABOUT THE BATTLE OF KULIKOVO (IN COMPARISON WITH ALEXANDER BLOK'S CYCLE OF POEMS "ON THE FIELD OF KULIKOVO"

Directory of Open Access Journals (Sweden)

Svetlana Olegovna Zakharchenko

2013-11-01

Full Text Available The Battle of Kulikovo is one of the most significant events in Russian history. This article studies five poems by Alexander Blok and Sergey Orlov devoted to this battle. Alexander Blok's cycle of poems On the Field of Kulikovo prophetically predicts future changes in Russia. Sergey Orlov's poems devoted to this historical event can be seen as a certain indicator of his creative evolution. The image of the homeland, as well as the image of his wife (widow, both in Blok's and Orlov's poems originates from the image of the Mother of God. Images of a celestial body used by both poets are associated with military paraphernalia and arise from the evangelical images, while the warrior image is based on the evangelical image of brotherhood. Poetic experience of Alexander Blok and Sergey Orlov reveals Orthodox roots that nourish the entire Russian culture.

Representation and Non-representation of Knowledge Mediation in Legal Contracts

DEFF Research Database (Denmark)

Larsen, Aase Voldgaard

takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...

MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

Science.gov (United States)

Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

2018-03-01

The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

How reliable are forensic evaluations of legal sanity?

Science.gov (United States)

Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T

2013-04-01

When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.

Abortion Legalization and Life-Cycle Fertility

Science.gov (United States)

Ananat, Elizabeth Oltmans; Gruber, Jonathan; Levine, Phillip

2007-01-01

The early-1970s abortion legalization led to a significant drop in fertility. We investigate whether this decline represented a delay in births or a permanent reduction in fertility. We combine Census and Vital Statistics data to compare the lifetime fertility of women born in early-legalizing states, whose peak childbearing years occurred in the…

Prohibition as ontological basis of the Russian legal reality

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2016-09-01

Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.

Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

Science.gov (United States)

Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra

2017-07-29

Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p medical cannabis legalization compared with students who never used them. Support for marijuana recreational use was also related to prior marijuana (p cancer (90.4%) and chronic pain (74.2%) were correctly reported approved medical indications by more than half the students. Students who supported medical cannabis legalization showed better knowledge about indications, in contrast to opponents for legalization who showed better knowledge about side effects. Beliefs that using medical cannabis is safe and has health benefits were correlated with support for legalization, and previous marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

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.

Infidelity and the Possibility of a Liberal Legal Moralism

DEFF Research Database (Denmark)

Thaysen, Jens Damgaard

2017-01-01

This paper argues that according to the influential version of legal moralism presented by Moore infidelity should all-things-considered be criminalized. This is interesting because criminalizing infidelity is bound to be highly controversial and because Moore’s legal moralism is a prime example...... of a self-consciously liberal legal moralism, which aims to yield legislative implications that are quite similar to liberalism, while maintaining that morality as such should be legally enforced. Moore tries to make his theory yield such implications, first by claiming that the scope of our moral...... obligations is much more limited than legal moralists have traditionally claimed, and second by allowing for the possibility that the goodness of legally enforcing morality is often outweighed by the badness of limiting citizens’ morally valuable autonomy and spending scarce resources on enforcement. If Moore...

Legal Change and Stigma in Surrogacy and Abortion.

Science.gov (United States)

Robertson, John A

2015-01-01

Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. © 2015 American Society of Law, Medicine & Ethics, Inc.

21 CFR 21.75 - Rights of legal guardians.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Rights of legal guardians. 21.75 Section 21.75... Individual § 21.75 Rights of legal guardians. For the purposes of this part, the parent of any individual who is a minor or the legal guardian of any individual who has been declared to be incompetent due to...

Conceptual Analysis of Causation in Legal Discourse

Czech Academy of Sciences Publication Activity Database

Doležal, Adam; Doležal, Tomáš

2014-01-01

Roč. 10, č. 7 (2014), s. 53-70 ISSN 1857-7881 Institutional support: RVO:68378122 Keywords : causation * tort law * legal liability Subject RIV: AG - Legal Sciences http://www.eujournal.org/index.php/esj/article/view/2968

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

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

Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

50 CFR Appendix I to Part 37 - Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska I Appendix I to Part 37 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED) THE NATIONAL WILDLIFE REFUGE SYSTEM...

REALIZING LEGAL PROTECTION FOR OUTSOURCING WORKERS THROUGH EMPLOYMENT SETTING SYNCHRONIZATION

Directory of Open Access Journals (Sweden)

Khairani

2015-10-01

Full Text Available Debating on the outsourcing existence in Law No.13 of 2003 regarding to Labor, is still continuing even though there has been a decision of Indonesia Constitutional Court (MK who stated the rules that the content of Article 65 paragraph (7 and Article 66 paragraph (2 has been outlawed. The problems of this research are: How is the outsourcing concept of regulating in the labor law and the regulation of the labor minister No. 19 of 2012; and What effort to keep the outsourcing arrangement can provide legal protection for workers? This research use juridical normative method. The research finds that some of the concept is in contradiction with the 1945 constitution and another Law which is related to the protection of labor, and even with the other articles that exists in the Labor Law itself so thats the norm contains contradictio adconceptio. Therefore, the system of outsourcing that will be regulated should consider the principles of goof outsourcing governance. They are: legal protection, non-discrimination, worker as the subject not as an object, benefit and welfare, sustainable working relation, and the shifting of protection to the labor.

Legal pluralism and social justice in economic and political development

NARCIS (Netherlands)

Benda-Beckmann, von F.

2001-01-01

Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a

16 CFR 600.2 - Legal effect.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect of...

Semantiz Structure of the Legal Term

Directory of Open Access Journals (Sweden)

Екатерина Владимировна Кулевская

2016-12-01

Full Text Available The article examines the semantic structure of the legal term. Nowadays, with the rapid development of cross-cultural communication, people, while pursuing their professional career, learn specific languages, including the language of law, with terms being its important component. Terms can often impede the process of successful cross-cultural communication so teaching cross-cultural communication, according to many researchers, including P. Cranmer and K. Koskinen, is immensely important. The article aims to demonstrate that a legal term, a word or phrase used in legislation, is a generalized name for a legal concept that may lack a precise meaning in practice as it is polysemous. To proof this statement, the semantic structure of the legal term is studied from the cognitive point of view. The key terms (term, frame, lexico-semantic variant of a word, microframe (reference category are defined at the beginning of the article. The article also describes the classification of various semantic structures of terms developed by Prof. Belyayevskaya, based on an analysis of the cognitive foundations of the typology of semantic structures as well as on the classification of meanings. They are homogeneous semantic structures, with different lexico-semantic variants of a polysemous word representing different aspects of one microframe; these structures include monosemous terms, polysemous terms with a homogeneous semantic structure, and terms with the intermediate type of lexemes. Heterogeneous semantic structures are semantic structures, with a lexico-semantic variant of a word representing two or more reference categories rather than one category; these structures are considered to be “classical” polysemy. Two types of such structures are introduced in the article, with examples of the actualization of their lexical meaning in speech being analysed (there were used examples from the British and Russian National corpora; official legal documents and

Legal Knowledge as a Tool for Social Change

Science.gov (United States)

González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

2017-01-01

Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545

Maslaha as the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia

Directory of Open Access Journals (Sweden)

Abdul Ghofur

2017-06-01

Full Text Available Legislation on the Islamic Banking Acts in Indonesia is inseparable from the condition of national politics and global economics that continues to develop. In this paper, the main issue to be discussed is whether the formation of the Islamic Banking Act in Indonesia is based on political interests, or if there is also a legal value associated with economic development of this act. The findings suggest that the legislation on the Islamic Banking Act in Indonesia has relevance to the political and legal foundation that developed at that time; and the legislation on the Islamic Banking Act is based not only on the political but also the philosophical aspects of law that emphasize principles of the common good or maṣlaha and/ an alignment with national goals.

Indonesian legal framework to support innovation sustainability

Science.gov (United States)

Pratama, Bambang

2018-03-01

The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

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

22 CFR 92.85 - Service of legal process usually prohibited.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process usually prohibited. 92... RELATED SERVICES Quasi-Legal Services § 92.85 Service of legal process usually prohibited. The service of process and legal papers is not normally a Foreign Service function. Except when directed by the...

Building the South African Nation through Legal Deposit: The Impact ...

African Journals Online (AJOL)

The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...

New generation of ''legal'' dosemeters

International Nuclear Information System (INIS)

Fletcher, R.

1991-01-01

In the early 1980s research at the National Radiological Protection Board in the UK proved the feasibility of using solid state electronics in an entirely new dosimetry technology - capable of reaching right down into the low energy photon ranges, and able to detect beta radiation. In 1988 the NRPB undertook a joint venture with Siemens Plessey Controls to develop a marketable personal dosemeter meeting full Health and Safety Executive approval as a ''legal'' instrument. The Electronic Personal Dosemeter (EPD) was thus conceived, and will reach the pre-production stage early this year. The EPD makes use of state-of-the-art silicon integrated circuit technology, with a custom amplifier and microprocessor system. The liquid crystal display continuously shows the accumulated short-term penetrating dose in terms of the Hp (10) unit, and can also show superficial dose and dose rates. Because the EPD must be continuously powered, the custom lithium battery was commissioned to ensure a minimum service interval of 12 months. The EPD is the size and weight of a small pocket pager. Although dose data can be read directly from the EPD, a comprehensive data management system is needed to effect real-life use in industry. The EPD thus communicates by infra-red link to a reader unit which interfaces an IBM-compatible PC, allowing authorized personnel to read the dose memories and perform dose alarm threshold settings. (author)

Expectancy and Professional Norms in Legal Translation

DEFF Research Database (Denmark)

Faber, Dorrit; Hjort-Pedersen, Mette

2013-01-01

. These parameters focus on the degree to which the use of explicitation and implicitation is considered to influence meaning transfer, authentic English legal language and style, and the informative function of the translation in a defined translational situation. Based on Chesterman’s categorization of norms...... perceived norms influence the use of explicitation and implicitation. The findings are based on experiments involving Danish translators and legal experts who were asked to evaluate three different translations into English of the same Danish legal source text on a set of defined parameters...

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.

Legal highs - legal aspects and legislative solutions.

Science.gov (United States)

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

2011-01-01

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

Enhancing public access to legal information : A proposal for a new official legal information generic top-level domain

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2017-01-01

Abstract: This article examines the use of a new legal information generic Top-Level Domain (gTLD) as a viable tool for easy identification of official legal information websites (OLIWs) and enhancing global public access to their resources. This intervention is necessary because of the existence of

22 CFR 92.89 - Fees for service of legal process.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Fees for service of legal process. 92.89 Section 92.89 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.89 Fees for service of legal process. No charge should be made for...

Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

Directory of Open Access Journals (Sweden)

Beata Świątkowska

2013-10-01

Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

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.

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.

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.

Air launch wireless sensor nodes (ALSN) for battle damage assessment (BDA)

Science.gov (United States)

Back, Jason M.; Beck, Steven D.; Frank, Mark A.; Hoenes, Eric

2006-05-01

This paper summarizes the Defense Threat Reduction Agency (DTRA) sponsored development and demonstration of an Air Launched Sensor Node (ALSN) system designed to fill DTRA's immediate need to support the Global Strike requirement of weapon-borne deliverable sensors for Battle Damage Assessment (BDA). Unattended ground sensors were integrated into a CBU-103 Tactical Munitions Dispenser (TMD), and flight test demonstrated with the 46 th Test Wing at Eglin AFB, FL. The objectives of the ALSN program were to repackage an existing multi-sensor node system to conform to the payload envelope and deployment configuration design; to integrate this payload into the CBU-103 TMD; and to conduct a combined payload flight test demonstration. The final sensor node included multiple sensors a microphone, a geophone, and multiple directional Passive Infrared (PIR) detectors with processing electronics, a low power wireless communications 802.15.4 mesh network, GPS (Global Positioning System), and power integrated into a form-fit BLU-97 munitions deployable package. This paper will present and discuss the flight test, results, and ALSN performance.

Continuation of Iranshahri Thoughts in Kalileh va Demne

Directory of Open Access Journals (Sweden)

Bijan Zahirinav

2010-10-01

Full Text Available In this essay, Iranshahri’s thoughts such as ideal king, divine charisma, togetherness of religion and kingdom, justice, truth etc in kalileh va Demneh are investigated. In Kalileh and Demneh, kingdom is a divine gift and the king is at the center of the state affairs. Therefore, affection and kindness must be imprinted on his forehead, otherwise he would be a devilish creature who disturbs governing orders of the universe. He must metaphysically be supported in the circus of governmental affairs, and this is possible only by divine charisma. Such a king must be decorated with justice ornament, so that every body does his best in his own special class and approaches the salvation of soul. The king must also be decorated with accomplishments such as battle assistance and with virtues such as religion assistance. He must strengthen the social connection by “truth”. Basically, without truth life has no harmony because falsehood diverts life form its regular direction. But finally, with the dominance of divine forces over devilish ones, utopia, which is a secure place for releasing from disorder and injustice is proven to be true. Therefore, we conclude that Kalileh and Demneh has a contribution to the continuation of Iranshahri’s thoughts and also to the historical and cultural continuation of Iran in transition to the Islamic period.

31 CFR 538.505 - Provision of certain legal services to the Government of Sudan, persons in Sudan, or benefitting...

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... Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN ASSETS CONTROL... receipt, from unblocked sources, of payment of professional fees and reimbursement of incurred expenses...

32 CFR 727.6 - Functions of legal assistance officers.

Science.gov (United States)

2010-07-01

... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... Act of 1964 and pertinent Navy instructions. (b) Nature of assistance. Legal assistance officers and... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are...

77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

Science.gov (United States)

2012-03-02

... DEPARTMENT OF ENERGY 10 CFR Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make... relating to the DOE notice of proposed rulemaking to revise existing regulations covering contractor legal...

UBERTRUST: How Uber Represents Itself to Its Customers Through its Legal and Non-Legal Documents

OpenAIRE

Noto La Diega, Guido; Jacovella, Luce

2016-01-01

This paper examines some of the key factors that contribute to build or erode users’ trust in a platform-based service such as the one provided by Uber Technologies Inc. As clarified by the European Commission, the future Internet cannot succeed without trust of online platforms’ users. The paper explores Uber’s web of relationships with different categories of users, i.e., ‘driver-partners’, ‘riders’, ‘developers’ and ‘business users’ through Uber’s legal and non-legal representations. By an...

European New Legal Realism and International Law:

DEFF Research Database (Denmark)

Holtermann, Jakob v. H.; Madsen, Mikael Rask

2015-01-01

complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

The Reach and Limits of Legal Education.

Science.gov (United States)

Schwartz, Murray L.

1982-01-01

Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)

Legal institutions, strategic default, and stock returns

NARCIS (Netherlands)

Favara, G.; Schroth, E.; Valta, P.

2008-01-01

This paper studies the impact of legal institutions on stock returns. More specifically, we examine how differences in debt enforcement and creditor protection around the world affect stock returns of individual firms. We hypothesize that if legal institutions prevent shareholders from engaging in

Teaching the Legal Aspects of Business Communication.

Science.gov (United States)

Harcourt, Jules

1990-01-01

Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)

At the Edge of US Immigration’s “Halt of Folly:” Data, Information, and Research Needs in the Event of Legalization

Directory of Open Access Journals (Sweden)

Fernando Riosmena

2013-12-01

Full Text Available Virtually all accounts of the state of the US immigration system point to its patently broken condition, with the presence of almost 12 million people without legal status paramount to this characterization. Because of several recent developments including continued and renewed interest in regularizing the status of most unauthorized migrants in executive and legislative branch agendas, the Center for Migration Studies of New York, with support from the John D. and Catherine T. MacArthur Foundation, convened a group of immigration specialists, researchers, scholars, and advocates in Washington, DC in September 2013 to discuss potential data, information, and research needs in the event of the enactment of large-scale legalization programs for the unauthorized population.This paper describes the results of this one-and-a-half day discussion. It begins with a description of the contours of a legalization program if it were to follow a similar form as S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act passed by the Senate in June 2013. In addition to being the most recent effort in this area, S. 744 includes a relatively complex set of conditions for “earning” legalization. A number of data, information, and research needs would need to be met to ensure the proper implementation of such a program. First, planning for effective local outreach and service delivery efforts requires estimating the eligible population at finer-scale geographies; understanding financial and time disincentives to apply and adhere to the program and skill levels required; assessing capacity in service delivery relative to the size and service needs of the local eligible population; tracking the progress of applicants through the legalization process; and understanding effective forms of outreach and service delivery. Second, assessing the effects of legalization on immigrant integration, future immigration, and fiscal and economic life

Implications of Marijuana Legalization for Adolescent Substance Use

OpenAIRE

Hopfer, Christian

2014-01-01

Marijuana that is legally available for adults has multiple implications for adolescent substance use. One potential effect that legalization may have is an increase in adolescent use to due increased availability, greater social acceptance, and possibly lower prices. Legalization may also facilitate the introduction of new formulations of marijuana (edible, vaporized) and with potentially higher potencies. It is unknown what adolescent consumption patterns will be if marijuana is widely avai...

Legal abortion for mental health indications.

Science.gov (United States)

Cook, R J; Ortega-Ortiz, A; Romans, S; Ross, L E

2006-11-01

Where legal systems allow therapeutic abortion to preserve women's mental health, practitioners often lack access to mental health professionals for making critical diagnoses or prognoses that pregnancy or childcare endangers patients' mental health. Practitioners themselves must then make clinical assessments of the impact on their patients of continued pregnancy or childcare. The law requires only that practitioners make assessments in good faith, and by credible criteria. Mental disorder includes psychological distress or mental suffering due to unwanted pregnancy and responsibility for childcare, or, for instance, anticipated serious fetal impairment. Account should be taken of factors that make patients vulnerable to distress, such as personal or family mental health history, factors that may precipitate mental distress, such as loss of personal relationships, and factors that may maintain distress, such as poor education and marginal social status. Some characteristics of patients may operate as both precipitating and maintaining factors, such as poverty and lack of social support.

76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

Science.gov (United States)

2011-12-28

... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...

Cannabis use and support for cannabis legalization

NARCIS (Netherlands)

Palali, Ali; van Ours, Jan

2017-01-01

We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of

INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

Directory of Open Access Journals (Sweden)

Yuniarti Yuniarti

2014-09-01

Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.

Review of: Legal practice and cultural diversity

DEFF Research Database (Denmark)

Vinding, Niels Valdemar

2010-01-01

This anthology comprises contributions from a conference on legal practice and cultural diversity held in London in July 2007, but the editors take their cue from the speech made in February 2008 by the Archbishop of Canterbury, Dr Rowan Williams. The questions central to the book are the same...... that arose after the speech by the Archbishop: whether or to what extent cultural difference should be recognized by legal systems. Legal practice and cultural diversity, edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, Andre´ J. Hoekema, Marcel Maussen, and Prakash Shah, Farnham, UK, Ashgate, 2009...

Legal protection of land from pollution

Directory of Open Access Journals (Sweden)

Petrović Zdravko

2014-01-01

Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

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.

Legal regime of human activities in outer space law

Science.gov (United States)

Golda, Carlo

1994-01-01

Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

Legal liability and claims for the hotel industry

OpenAIRE

Dimcho Todorov

2017-01-01

The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

Legal regulation of protection of animals against cruelty

OpenAIRE

Spurná, Jana

2006-01-01

Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...

A reformed global legal architecture for corporate responsibility

OpenAIRE

Turner, Stephen J.

2014-01-01

This paper considers key features within the legal architecture of all jurisdictions that utilise the ‘corporation’ as a primary medium for business enterprise. Therefore it highlights the legal frameworks under which ‘corporations’ operate and the pressure that this places upon corporate directors to achieve specific financial outcomes. It then illustrates how this legal architecture can have certain negative effects for other stakeholders such as the environment and communities. The pape...

The legacy of legal culture and Serbia's European integration

Directory of Open Access Journals (Sweden)

Kovačević Slaviša

2014-01-01

Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

Epilepsy-related automobile accidents in Japan: legal changes about a precedent and penal regulations.

Science.gov (United States)

Imataka, G; Arisue, K

2016-01-01

In Japan, having epilepsy was defined as an absolute disqualification for driving license in the Road Traffic Act enacted in 1960. In view of subsequent changes in domestic road traffic conditions and advances in epilepsy treatment and owing to efforts by interested parties, the 2002 revision of the Road Traffic Act conditionally permitted epileptic patients to obtain a driver's license. However, as fatal traffic accidents associated with driving by epileptic patients continued thereafter, their legal responsibility for driving a car was extensively discussed in newspapers and other media as well as in the Diet. In June 2013, the Road Traffic Act was again revised to incorporate punitive clauses applicable to those with difficulty in driving (not limited to epilepsy only but including various diseases and conditions) who falsely claimed that they had no driving difficulty in the procedure for obtaining or renewing their driver's license. With this revision marking a turning point, the Act on Punishment for Acts That Cause Death or Injury to Others by Driving a Car was enforced as a new statute in May 2014. This paper presents five cases of traffic accidents involved with epileptic patients to explain the impact of these accidents on the 2013 legal revision and a subsequent trend of toughening of legal penalties.

Characteristics of illegal and legal cigarette packs sold in Guatemala.

Science.gov (United States)

Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

2016-11-25

Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.

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-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.

Anything goes: An apology for parallel distributed legal science

NARCIS (Netherlands)

Hage, Jacob

2016-01-01

Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science

44 CFR 6.8 - Subpoena and other legal demands.

Science.gov (United States)

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Subpoena and other legal..., DEPARTMENT OF HOMELAND SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 General § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be...

[Acute scrotal pain in childhood: legal pitfalls].

Science.gov (United States)

Bader, Pia; Hugemann, Christoph; Frohneberg, Detlef

2017-12-01

Acute scrotal pain in childhood is an emergency.Sudden scrotal pain may be caused by a variety of diseases. Therefore, it is important to carefully consider the specific medical history and possible differential diagnoses in each case for fast and decisive action (e. g. in case of testicular torsion). As minors lack the capacity for consent, it is absolutely necessary to obtain consent from their legal guardian. However, obtaining consent in the available time frame can cause organisational challenges in an acute emergency, which may lead to situations in the daily routine where a therapeutic decision needs to be taken (including surgery) without legal security based on consent by the guardian. In some cases, the child's consent also needs to be taken into account, depending on its age and development.For the physician and surgeon in charge, the legal evaluation of the case at hand and therewith the obtainment of legal security are of great significance. © Georg Thieme Verlag KG Stuttgart · New York.

[Medical-legal issues of physical and pharmacological restraint].

Science.gov (United States)

Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

2014-03-01

The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.