This Thesis describes the research process followed in order to achieve a development methodology applicable to the reform of cadastral systems with a legal basis. It was motivated by the author’s participation in one of the first surveying and mapping operations for a digital cadastre in Portugal,
Stubkjær, Erik; Stuckenschmidt, Heiner
that characterizes established academic disciplines, like geodesy. Many university courses address more application oriented fields, like cadastral law, and spatial planning, and they may benefit from the ontological engineering approach. The paper provides an introduction to the field of ontological engineering...... by means of examples from the cadastral domain....
Full Text Available This paper proposes a Serbian cadastral domain model as the country profile for the real estate cadastre, based on the Land Administration Domain Model (LADM, defined within ISO 19152. National laws and other legal acts were analyzed and the incorrect applications of the law are outlined. The national “Strategy of measures and activities for increasing the quality of services in the field of geospatial data and registration of real property rights in the official state records”, which was adopted in 2017, cites the shortcomings of the existing cadastral information system. The proposed profile can solve several problems with the system, such as the lack of interoperability, mismatch of graphic and alphanumeric data, and lack of an integrated cadastral information system. Based on the existing data, the basic concepts of the Serbian cadastre were extracted and the applicability of LADM was tested on an obtained conceptual model. Upon obtaining positive results, a complete country profile was developed according to valid national laws and rulebooks. A table of mappings of LADM classes and country profile classes is presented in this paper, together with an analysis of the conformance level. The proposed Serbian country profile is completely conformant at the medium level and on several high-level classes. LADM also provides support for three-dimensional (3D representations and 3D registration of rights, so the creation of a country profile for Serbia is a starting point toward a 3D cadastre. Given the existence of buildings with overlapping rights and restrictions in 3D, considering expanding the spatial profile with 3D geometries is necessary. Possible solutions to these situations were analyzed. Since the two-dimensional (2D cadastre in Serbia is not fully formed, the proposed solution is to use the 2D model for simple right situations, and the 3D model for more complex situations.
Full Text Available As the dependency on Global Navigation Satellite System (GNSS in surveying has been growing over the years, the need for legal traceability of GNSS measurements has become a significant matter. In Malaysia, with the advent of the Malaysia Real-time Kinematic Network (MyRTKnet, GNSS surveying has revolutionised land survey and mapping. Correspondingly, the Department of Survey and Mapping Malaysia (DSMM amended and published standard regulations and guidelines concerning cadastral survey, i.e., Cadastral Survey Regulations 2009, to include GNSS measurements. However, these regulations and guidelines has not comprehensively incorporated legal traceability of GNSS measurements; which is a prerequisite for cadastral surveys as it requires reliable and conclusive evidence for issues such as boundary disputes. The first objective of this paper is to review and discuss the legal traceability of GNSS measurements. Secondly, it will highlight the current practice and issues, i.e., with regard to legal traceability, within the present Malaysian cadastral regulation and guidelines, in relation to the prevalently adopted Network RTK (N-RTK technique, GNSS instrument calibrations, and reference stations’ accuracy. Lastly, a rudimentary best practice guideline for GNSS surveying in cadastral survey for Malaysia is proposed. It is expected that this paper will contribute to the implementation of a best practice guideline, which is inclusive of legal traceability of GNSS measurements, for the Malaysian cadastral practice.
to the modeling of an industrial sector, as it aims at rendering the basic concepts that relate to the domain of real estate and the pertinent human activities. The palpable objects are pieces of land and buildings, documents, data stores and archives, as well as persons in their diverse roles as owners, holders...... to land. The paper advances the position that cadastral modeling has to include not only the physical objects, agents, and information sets of the domain, but also the objectives or requirements of cadastral systems....
Gristina, S.; Ellul, C.; Scianna, A.
Road transport has always played an important role in a country's growth and, in order to manage road networks and ensure a high standard of road performance (e.g. durability, efficiency and safety), both public and private road inventories have been implemented using databases and Geographical Information Systems. They enable registering and managing significant amounts of different road information, but to date do not focus on 3D road information, data integration and interoperability. In an increasingly complex 3D urban environment, and in the age of smart cities, however, applications including intelligent transport systems, mobility and traffic management, road maintenance and safety require digital data infrastructures to manage road data: thus new inventories based on integrated 3D road models (queryable, updateable and shareable on line) are required. This paper outlines the first step towards the implementation of 3D GIS-based road inventories. Focusing on the case study of the "Road Cadastre" (the Italian road inventory as established by law), it investigates current limitations and required improvements, and also compares the required data structure imposed by cadastral legislation with real road users' needs. The study aims to: a) determine whether 3D GIS would improve road cadastre (for better management of data through the complete life-cycle infrastructure projects); b) define a conceptual model for a 3D road cadastre for Italy (whose general principles may be extended also to other countries).
Nov 16, 2015 ... This article presents business processes for the land development process .... spatial data collection techniques (Kurwakumire and Chaminama, 2012) using information systems approach in .... cadastral domain model developed integrates the spatial and legal aspects of land registration. It also serves the ...
Schovsbo, Jens Hemmingsen
. the UDRP (WIPO) and the Danish Complaints Board for Internet Domain Names (the Board) to discuss how and to what extent the domain name system balances interests between trademark owners and other users of domain names and secures the rule of law (legal certainty and predictability) with a special focus...
Aien, A.; Kalantari, M.; Rajabifard, A.; Williamson, I. P.; Shojaei, D.
Population growth, urbanization and industrialization place more pressure on land use with the need for increased space. To extend the use and functionality of the land, complex infrastructures are being built, both vertically and horizontally, layered and stacked. These three-dimensional (3D) developments affect the interests (Rights, Restrictions, and Responsibilities (RRRs)) attached to the underlying land. A 3D cadastre will assist in managing the effects of 3D development on a particular extent of land. There are many elements that contribute to developing a 3D cadastre, such as existing of 3D property legislations, 3D DBMS, 3D visualization. However, data modelling is one of the most important elements of a successful 3D cadastre. As architectural models of houses and high rise buildings help their users visualize the final product, 3D cadastre data model supports 3D cadastre users to understand the structure or behavior of the system and has a template that guides them to construct and implement the 3D cadastre. Many jurisdictions, organizations and software developers have built their own cadastral data model. Land Administration Domain Model (DIS-ISO 19152, The Netherlands) and ePlan (Intergovernmental Committee on Surveying and Mapping, Australia) are examples of existing data models. The variation between these data models is the result of different attitudes towards cadastres. However, there is a basic common thread among them all. Current cadastral data models use a 2D land-parcel concept and extend it to support 3D requirements. These data models cannot adequately manage and represent the spatial extent of 3D RRRs. Most of the current cadastral data models have been influenced by a very broad understanding of 3D cadastral concepts because better clarity in what needs to be represented and analysed in the cadastre needs to be established. This paper presents the first version of a 3D Cadastral Data Model (3DCDM_Version 1.0). 3DCDM models both the legal
Abduhl Rahman, A.; Van Oosterom, P.J.M.; Hua, T.C.; Sharkawi, K.H.; Duncan, E.E.; Azri, N.; Hassan, M.I.
Three-dimensional (3D) modelling of cadastral objects (such as legal spaces around buildings, around utility networks and other spaces) is one of the important aspects for a multipurpose cadastre (MPC). This paper describes the 3D modelling of the objects for MPC and its usage to the knowledge of 3D
Cagdas, Volkan; Stubkjær, Erik
of cadastral development. This research is multi-disciplinary and draws on elements of theories and methodologies from the natural, the social, the behavioral, and the formal sciences. During the last decade or so, doctoral dissertations have come to constitute a substantial part of this research effort...... with a call for a shared terminology and a shared set of concepts which may contribute to further theory building within the cadastral domain. Udgivelsesdato: OCT...
Silva, Maria Augusta; Stubkjær, Erik
to the acceptance of research methodologies needed for cadastral development, and thereby enhance theory in the cadastral domain. The paper reviews nine publica-tions on cadastre and identifies the methodologies used. The review focuses on the institutional, social political and economic aspects of cadastral...... by social, political and economic conditions, as by technology. Since the geodetic survey profession has been the keeper of the cadastre, geodetic surveyors will have to deal ever more with social science matters, a fact that universities will have to consider....
Enemark, Stig; Steudler, Daniel; Williamson, Ian P.
. The work of the PCGIAP-Working Group 3 ?Cadastre? is being done in collaboration with Comission 7 ?Cadastre and Land Management? of the International Federation of Surveyors (FIG), which has extensive experience in comparative cadastral studies. This article describes the creation and the content...
Van Oosterom, P.J.M.
This report contains the results of the second phase of the 3D Cadastre and LADM investigations in context of possible future renewal of the Cadastral database at the Survey of Israel. This report sequels the report of phase 1 and complements the presentation given on 17 July 2014 ‘Towards an
Schovsbo, Jens Hemmingsen
Abstract This article evaluates the performance of the special private tribunals or panels such as the UDRP which have been developed within complicated systems of self- and co-regulation such as ICANN to decide disputes over domain names. It uses two different dispute resolution models viz...
Schovsbo, Jens Hemmingsen
This chapter evaluates the performance of the special private tribunals or panels such as the UDRP which have been developed within complicated systems of self- and co-regulation such as ICANN to decide disputes over domain names. It uses two different dispute resolution models viz. the UDRP (WIPO...
Felus, Y.; Barzani, S.; Caine, A.; Blumkine, N.; Van Oosterom, P.J.M.
This paper contains the results of the 3D Cadastre and LADM (Land Administration Domain Model) investigations in context of possible future renewal of the Cadastral database at the Survey of Israel. The two topics of 3D Cadastres and LADM are highly related and therefore this paper covers both
In most countries, the cadastral system is just taken for granted, and the impact of the system in terms of facilitating an efficient land market and supporting effective land-use administration is not fully recognised. The reality is that the impact of a well functioning cadastral system can....... Cadastral systems are embedded in the historical, cultural and judicial setting of the individual country. However, in spite of the different origins, the systems seem to merge into a global Land Administration model serving some basic societal needs. The role of FIG is underlined in this regard. The paper...... hardly be overestimated. A well tailored cadastral system is, in fact, acting as a backbone in society. This paper presents the role of the cadastral system in support of the land administration functions within: land tenure, land value, land-use, and land development. The paper facilitates...
National Oceanic and Atmospheric Administration, Department of Commerce — MarineCadastre.gov is a marine information system that provides authoritative ocean data, offshore planning tools, and technical support to the offshore renewable...
Full Text Available A cadastre is a based on a cadastral map official register of land, property and other utilities that constitute subjects of taxation as well as the source of information on cadastral objects. As indicated in the reference books, it constitutes an institution of law, which in the social perception is seen as providing legal order in the scope of establishing the range of laws, of the sense of security resulting from the fact of the entering of the subjects of taxation and the possibility to exert one’s rights under the registration proceedings. However, the current shape of the register does not meet social expectations. The suggested reform of the taxation of property in Poland (cadastre meets numerous obstacles such as a formal and legal, political, financial or social barrier.
Full Text Available The Cadastral Data Model has been developed as a part of a larger programme to improve products and production environment of the Croatian Cadastral Service of the State Geodetic Administration (SGA. The goal of the project was to create a cadastral data model conforming to relevant standards and specifications in the field of geoinformation (GI adapted by international organisations for standardisation under the competence of GI (ISO TC211 and OpenGIS and it implementations.The main guidelines during the project have been object-oriented conceptual modelling of the updated users' requests and a "new" cadastral data model designed by SGA - Faculty of Geodesy - Geofoto LLC project team. The UML of the conceptual model is given per all feature categories and is described only at class level. The next step was the UML technical model, which was developed from the UML conceptual model. The technical model integrates different UML schemas in one united schema.XML (eXtensible Markup Language was applied for XML description of UML models, and then the XML schema was transferred into GML (Geography Markup Language application schema. With this procedure we have completely described the behaviour of each cadastral feature and rules for the transfer and storage of cadastral features into the database.
Hvingel, Line Træholt; Møller, Lars Emil Vindfeld
The digitalization of the Danish cadastral system has in recent years expanded the usability of the system. The cadastral system has evolved from being a somewhat “closed” register containing information about ownership and restrictions on property to being an “open” platform for multiple purposes......, for instance reference for visualization in Geographic Information Systems. This multifunctional use of the cadastral system urges the need of rethinking the role of the cadastral system. Furthermore there are some obvious problems within the Danish cadastral system that needs to be addressed: Some objects...... are not conclusive (leasehold property) and some objects cannot be identified in the cadastre (flats, houseboats). Perhaps a 3D-cadastre is called upon to solve these problems. Another problem is that the cadastral map is a juridical map, where the absolute accuracy has not been an issue of importance. The fact...
Madalina - Cristina Marian
Full Text Available Two cadastrale plans of buildings, can overlap virtual. Overlap is highlighted when digital reception. According to Law no. 7/1996 as amended and supplemented, to solve these problems is by updating the database graphs, the repositioning. This paper addresses the issue of overlapping virtual cadastre in the history of the period 1999-2012.
The article investigates the influence of the genre on word semantics in the legal domain. The presented example is the use of the notion of evidence in German legal judgements and the consequent semantic specialisation....
Mitee, Leesi Ebenezer
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
Kalogianni, E.; Dimopoulou, E.; Quak, W.; Van Oosterom, P.
Standardization in land administration domain has been expanded to 3D and even 4D representations, adopting a multipurpose character, in order to become the foundation of a sustainable and smart economic development. At the moment, although the potential benefits of 3D Cadastre is argued to be enormous and there are plenty of standards related to 3D Cadastre while others enhancing the role of 3D Cities, there is no complete solution for 3D Cadastre. That being so, the last years, there has been a rapid increase in the integration, harmonization and implementation support of such standards. In this context, the integration of 3D legal spaces with 3D physical objects is gaining ground, as the (invisible) legal boundaries do not always match with the physical counterparts, leading to obscure situations. LADM, the International Standard for land administration, was proved to be one of the best candidates to unambiguously represent 3D Rights, Restrictions and Responsibilities. On the other side, spatial data models and virtual city models manage 3D urban structures without focusing on legal aspects. Many researchers have explored integrations between those aspects giving promising results. In this direction, apart from international standards, also national standards have been developed to enable the communication between land information systems. One of the most representatives is INTERLIS, a Swiss standard, a precise, standardized Object Relational modelling language on the conceptual level, which allows for automated quality control. Thus, in this paper the focus is given on how INTERLIS and LADM complement each other in the actual implementation of land administration systems. Main challenges among others in the context of this research include: 1. extensible hierarchical and versioned code lists in INTERLIS models, 2. formally define LADM constraints in INTERLIS, 3. discuss 3D geometry types and 4. introduce a holistic LADM/INTERLIS approach for country profiles.
Modeling is a term that refers to a variety of efforts, including data and process modeling. The domain to be modeled may be a department, an organization, or even an industrial sector. E-business presupposes the modeling of an industrial sector, a substantial task. Cadastral modeling compares to the modeling of an industrial sector, as it aims at rendering the basic concepts that relate to the domain of real estate and the pertinent human activities. The palpable objects are pieces of land a...
Full Text Available Cadastre represents a bridge from terminology to practice of the principles of law, rules and provisions found in the Law on cadastre and real estate publicity no.7/1996, as revised by Government Emergency Ordinance no.41/2004, approved by Law no.499/2004. Maybe, cadastral measurements have not represented and do not represent a purpose in itself, but they have established the first steps in the procedures of tax levies, having as main purpose the setting of limits to the land properties.
В. А. Павлова
Full Text Available The article provides comparative analysis of multiple innovative technology in the field of cadaster activities. This analysis covers almost all currently available intellectual developments in this area. Paying tribute to contemporary trends in cadastral areas, the authors note the urgent need to upgrade the cadastral activities in the Russian Federation in relation to the transformation of the national economy. The authors suggest classifying the cadastral activities depending on type and kind of activity carried out with an object of cadaster registry. The article covers the most urgent issues in the area of functionality of existing special software packages in order to improve the labour efficiency of a cadaster engineer. It is concluded that the main purpose of existing software systems for cadastral engineers is creation of documents in electronic format for facilitating the process of interaction with public authorities in the sphere of land property relations. It examines in detail several software packages («TechnoKad-Express», «ARGO», «PKZO», «Poligon», «ProGeo». The article provides comparative analysis of special software systems according to a number of authors’ criteria. Based on the characteristics of programs and their comparative analysis, it is concluded that all the described software systems to greater or lesser degree, meet the needs of the working cadastral engineer. The choice of a specific program depends on the financial possibilities, personal preferences and level of computer-literacy of cadastral engineer, including in the sphere of GIS-technologies.
Stoter, J.; Ploeger, H.; Van Oosterom, P.
This paper presents the design and implementation of the cadastral system extension for registration of 3D rights and restrictions in the Netherlands fitting within the ISO 19152, Land Administration Domain Model (LADM) final draft international standard. The implementation will be conducted in two
cadastral system is formed through an exploration of: good governance as related to cadastral development, e-government and ..... and locally responsive. Equitable participation. Civic engagement. / citizenship. Civic engagement / citizenship. Local participation. Participatory. (incl. security and stability). Pluralism.
Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system.Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies.Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field.Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis.Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models.Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes. The
Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system. Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies. Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field. Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis. Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models. Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes
into the broader concept of Land Administration in support of sound Land Governance. The role of land professionals and FIG is underlined in this regard. The paper also looks ahead towards the role the role of the cadastre within the wider concept of concept of spatially enabled society, and, on the other hand...
The article gives reasonable prospects for usage of land cadastre information, itâ€™s place and role in land management. Foreign experience in the land cadastre has been explored and analyzed. It is proposed to improve the information system of land resources to ensure effective environmentally-save land use.
Full Text Available This paper presents new Quantum GIS plugin for Czech cadastral data and its development. QGIS is a rapidly developing cross-platform desktop Geographic Information System (GIS released under the GNU GPL. QGIS is written in C++, and uses the Qt library. The plugin is developed in C++, too. The new plugin can work with Czech cadastral data in the new Czech cadastral exchange data format called VFK (or NVF. Data are accessed through VFK driver of the OGR library. The plugin should facilitate the work with cadastral data by easy search and presenting well arranged information. Information is displayed in the way similar to web applications, thus the control is friendly and familiar for users. The plugin supports interaction with map using QGIS functionality and it is able to export various cadastral reports. This paper provides ideas which can be generalized to develop QGIS plugin dealing with specific data.
Full Text Available Nowadays, the nature of land title and cadastral (LTC data in the Turkey is dynamic from a temporal perspective which depends on the LTC operations. Functional requirements with respect to the characteristics are investigated based upon interviews of professionals in public and private sectors. These are; Legal authorities, Land Registry and Cadastre offices, Highway departments, Foundations, Ministries of Budget, Transportation, Justice, Public Works and Settlement, Environment and Forestry, Agriculture and Rural Affairs, Culture and Internal Affairs, State Institute of Statistics (SIS, execution offices, tax offices, real estate offices, private sector, local governments and banks. On the other hand, spatio-temporal LTC data very important component for creating infrastructure of Land Administration Model (LADM. For this reason, spatio-temporal LTC data needs for LADM not only updated but also temporal. The investigations ended up with determine temporal analyses of LTC data, traditional LTC system and tracing temporal analyses in traditional LTC system. In the traditional system, the temporal analyses needed by all these users could not be performed in a rapid and reliable way. The reason for this is that the traditional LTC system is a manual archiving system. The aims and general contents of this paper: (1 define traditional LTC system of Turkey; (2 determining the need for spatio-temporal LTC data and analyses for core domain model for LADM. As a results of temporal and spatio-temporal analysis LTC data needs, new system design is important for the Turkish LADM model. Designing and realizing an efficient and functional Temporal Geographic Information Systems (TGIS is inevitable for the Turkish LADM core infrastructure. Finally this paper outcome is creating infrastructure for design and develop LADM for Turkey.
Alkan, M.; Polat, Z. A.
Nowadays, the nature of land title and cadastral (LTC) data in the Turkey is dynamic from a temporal perspective which depends on the LTC operations. Functional requirements with respect to the characteristics are investigated based upon interviews of professionals in public and private sectors. These are; Legal authorities, Land Registry and Cadastre offices, Highway departments, Foundations, Ministries of Budget, Transportation, Justice, Public Works and Settlement, Environment and Forestry, Agriculture and Rural Affairs, Culture and Internal Affairs, State Institute of Statistics (SIS), execution offices, tax offices, real estate offices, private sector, local governments and banks. On the other hand, spatio-temporal LTC data very important component for creating infrastructure of Land Administration Model (LADM). For this reason, spatio-temporal LTC data needs for LADM not only updated but also temporal. The investigations ended up with determine temporal analyses of LTC data, traditional LTC system and tracing temporal analyses in traditional LTC system. In the traditional system, the temporal analyses needed by all these users could not be performed in a rapid and reliable way. The reason for this is that the traditional LTC system is a manual archiving system. The aims and general contents of this paper: (1) define traditional LTC system of Turkey; (2) determining the need for spatio-temporal LTC data and analyses for core domain model for LADM. As a results of temporal and spatio-temporal analysis LTC data needs, new system design is important for the Turkish LADM model. Designing and realizing an efficient and functional Temporal Geographic Information Systems (TGIS) is inevitable for the Turkish LADM core infrastructure. Finally this paper outcome is creating infrastructure for design and develop LADM for Turkey.
Gkeli, Maria; Apostolopoulos, Konstantinos; Mourafetis, George; Ioannidis, Charalabos; Potsiou, Chryssy
A `fit-for-purpose' approach is suggested by FIG, the UN and the World Bank as the appropriate methodology for implementing a land administration system depending on a country's urgent priorities. In this paper, the current official process for the implementation of the Hellenic Cadastre is analyzed and compared to the "fit-for-purpose" model. Some amendments are proposed to replace the initial stage of the data collection official procedure, to make it more fast, efficient and complete. These amendments are tested by a team of researchers of NTUA and the achieved results are presented. The methodology aims to save time, avoid gross errors and additional funds, and provide fast solutions for the completion of the National Cadastral reliably and affordably, during the period of the economic crisis in Greece, with increased citizens' participation and the use of modern IT tools for the adjudication of the owners, the property rights and the other cadastral data acquisition. New m-services are proposed for the compilation of the cadastral surveys, supported by crowdsourcing techniques. A case study for a suburban area is reported. For the new procedure an open source, self-developed application named BoundGeometry, is used. The new procedure is compared to the official one in terms of time, quality, accuracy and gross errors avoidance. Legal matters related to the adoption of the proposed amendments by the National Cadastral Agency of Greece are also taken into account.
Hashim, N. M.; Omar, A. H.; Ramli, S. N. M.; Omar, K. M.; Din, N.
Positional Accuracy Improvement (PAI) is the refining process of the geometry feature in a geospatial dataset to improve its actual position. This actual position relates to the absolute position in specific coordinate system and the relation to the neighborhood features. With the growth of spatial based technology especially Geographical Information System (GIS) and Global Navigation Satellite System (GNSS), the PAI campaign is inevitable especially to the legacy cadastral database. Integration of legacy dataset and higher accuracy dataset like GNSS observation is a potential solution for improving the legacy dataset. However, by merely integrating both datasets will lead to a distortion of the relative geometry. The improved dataset should be further treated to minimize inherent errors and fitting to the new accurate dataset. The main focus of this study is to describe a method of angular based Least Square Adjustment (LSA) for PAI process of legacy dataset. The existing high accuracy dataset known as National Digital Cadastral Database (NDCDB) is then used as bench mark to validate the results. It was found that the propose technique is highly possible for positional accuracy improvement of legacy spatial datasets.
Diana Carolina Peláez Villada
Full Text Available The tendency of organizations is to achieve positioning and legitimacy through strategies of corporate social responsibility (CSR. This article focuses on the analysis of CSR practices and it seeks, through a business case, to define a method to examine the benefits of its application in society and in organizations. From the proposal of Schwartz (2011 on the domains of corporate social responsibility, where the ethical, economic, and legal dimensions of philanthropic organizations converge, financial reports and social balances of a company, were studied, where we identified, financial, ethical, and tax variables which allowed us to establish the orientation and balance between social responsibility practices and corporate image.
Shojaei, D.; Olfat, H.; Briffa, M.; Rajabifard, A.
Land development processes today have an increasing demand to access three-dimensional (3D) spatial information. Complex land development may need to have a 3D model and require some functions which are only possible using 3D data. Accordingly, the Intergovernmental Committee on Surveying and Mapping (ICSM), as a national body in Australia provides leadership, coordination and standards for surveying, mapping and national datasets has developed the Cadastre 2034 strategy in 2014. This strategy has a vision to develop a cadastral system that enables people to readily and confidently identify the location and extent of all rights, restrictions and responsibilities related to land and real property. In 2014, the land authority in the state of Victoria, Australia, namely Land Use Victoria (LUV), has entered the challenging area of designing and implementing a 3D digital cadastre focused on providing more efficient and effective services to the land and property industry. LUV has been following the ICSM 2034 strategy which requires developing various policies, standards, infrastructures, and tools. Over the past three years, LUV has mainly focused on investigating the technical aspect of a 3D digital cadastre. This paper provides an overview of the 3D digital cadastre investigation progress in Victoria and discusses the challenges that the team faced during this journey. It also addresses the future path to develop an integrated 3D digital cadastre in Victoria.
Full Text Available After reconstruction of communication passing through two cadastral areas, geometrical plans were made for the property dividing for each areas independently. The cadastral boundary is a water flow. The digitized cadastral maps of the former cadastre in the Cassini - soldner datum in the scale 1:2880, (the coordinate system St. Stephan, were used. The contact of drafting on the cadastral boundary was not adjusted. The changed boundary and reference points were surveyed in the field in the datum JTSK. The surveyed data were transformed into digitized maps separately for each cadastral area. The unadjusted cadastral boundary, many calculations and also the lack of reference points casued main difficulties. These problems are solved by digitized cadastral maps in datum JTSK with adjusted cadastral boundaries.
Adela García Valle
Full Text Available Given the importance of legal language in the study of historical phraseological, it is here analyzed the presence, use and evolution of adverbial phrases in some outstanding medieval fueros, and also how a good number of adverbial expressions have transcended and developed from legal language to other contexts, owed to —at least in some cases— a clear colloquial origin (a sabiendas, por bien.... This characteristic joins many others, such as the creation of complex syntagmas derived from the union of simple expressions: de cabo a rabo, a diestro y a sinestro, a tuerto o a derecho, etc. It is therefore interesting to study the individual, particular history of each adverbial phrase found, as well as the most productive syntactical combinations of expressions. We will also focus on their projection beyond the legal domain as well as on the numerous similarities in the different hispanic linguistic areas, demonstrating thus a first phase which is common to peninsular romance writings (scriptae.
Zulkifli, N.A.; Abdul Rahman, A.; Jamil, H.; Teng, C.H.; Tan, L.C.; Looi, K.S.; Chan, K.L.; Van Oosterom, P.J.M.
This paper proposes a comprehensive Land Administration Domain Model (LADM, ISO 2012) country profile for 2D and 3D cadastral registration system for Malaysia. The proposed Malaysian country profile is partly based on the existing spatial (including survey) and administrative registration systems,
Jaljolie, Ruba; van Oosterom, P.J.M.; Dalyot, Sagi; van Oosterom, P.J.M.; Dimopoulou, Efi; Fendel, Elfriede M.
Following public demand to improve the efficiency and transparency of government administrations, together with the existence of mature technologies and modern urban planning necessities, it is now essential to establish more advanced and comprehensive land management (cadastre) systems. Cadastre
The approach adopted in this paper provides ideas on how to effect cadastral development in an informed way......The approach adopted in this paper provides ideas on how to effect cadastral development in an informed way...
Full Text Available Digital form o cadastral map exists on 36 % of cadastral areas of the Czech republic. Contemporary rate of dogitalizationis 2-3 % of total number cadastral areas anually. In Jule 2007 was approved by goverment decree N. 871/2007 document of Czechoffice for surveying, mapping and cadstre, that assesments deadline of cadstral maps digitalization in the year 2015. Financingof digitalization has to solve amendent of act N. 634/2004 Sb. of administrative charges. As interium solution offered COSMC Parcelorientation maps, that are free available on internet from March 2008. There are rastr images of cadastral maps in datum S-JTSKsuccesive complemented with parcel defonition points. One of reason insufficient rate of digitalization was uncertainty of reworkingtechnology of maps. These maps cover about 70 % territory of the Czech republic. From 1.1.2008 stands the new instruction, thatestablishs technology approach for cadastral map supersession. The article descibes curiosity, where was find erreneouslydetermination of property boundry, without solving next relationships.
Arc. Usman A. Jalam
which attributes and map data on cadastral unit stored in the same data base cannot be ignored. The role of this cadastral information system is to enhance the management and control of land resources, for sustainable development. The advent of computer technology has modernized the existing cadastral system. Some.
Haldrup, Karin; Stubkjær, Erik
A review of cross-country reporting on cadastre and landregistration systems summarized the state-of-the-art and found shortcomings in availability of indicators suited for qualitative and quantitative comparison purposes. Methodological issues concerning the specification of indicators and devel......A review of cross-country reporting on cadastre and landregistration systems summarized the state-of-the-art and found shortcomings in availability of indicators suited for qualitative and quantitative comparison purposes. Methodological issues concerning the specification of indicators...... and development of monitoring systems were addressed, as well as the current scarcity of global monitoring data in this field. The paper suggests that progress in monitoring depends on establishing a conceptual model as a basis for design of appropriate indicators featuring the characteristics of cadastres...... and landregistration systems combined with upgraded statistics reporting on property data. It was suggested that the domain calls for design and production of composite indices corresponding with the complexity of the domain. It is proposed that monitoring in the area of cadastre and landregistration be advanced...
Oleg Vladimirovich Likhomanov
Full Text Available The authors analyze the problem of the relationship of local authorities with owners and tenants of real estate taxation and rents. The conclusion is made about the negative impact of exclusion of independent appraisers from the process of cadastral valuation of real estate. The proposed amendment to the draft law “On state cadastral evaluation” changes in the structure of the Commission on dispute resolution, which in addition to representatives of administrations of municipalities should include representatives of the business community and independent evaluators in equal proportions. It is recommended to develop less longlasting mechanism for dealing with disputes about the size of the cadastral value of real estate in the commissions and courts, returning powers from the courts of common use in arbitration courts, as well as to make decision which would make the processes more transparent and objective. For the calculation of the taxable base of real estate it is proposed to use two different systems of determining the cadastral value of real estate: for objects of taxation on which there is a civil turnover on the real estate market (residential, trading and business centers, offices, commercial facilities and catering facilities based on the market value of real estate; for objects of taxation on which there is no civil, there is no market data about similar transactions (industrial buildings and structures, objects of incomplete construction, agricultural, and other buildings, through the establishment of cadastral value of the normative legal acts of bodies of state and municipal authorities.
Digital Cadastres Facilitating Land Information Management. Edward Kurwakumire. Department of Geomatics, Tshwane University of Technology, Pretoria, South Africa,. KurwakumireE@tut.ac.za. Abstract. A nation's natural resources form the basis of economic growth in most developing nations. Raw materials required for ...
Ying, S.; Guo, R.; Li, L.; Van Oosterom, P.J.M.; Ledoux, H.; Stoter, J.E.
In this paper the design and development of a prototype 3D Cadastral system will be presented. The key aspects of this system are that the model is based on Land Administration Domain Model (LADM) and that the spatial profile is based on a full 3D topological structure. The prototype development
N. M. Hashim
Full Text Available Cadastral map is a parcel-based information which is specifically designed to define the limitation of boundaries. In Malaysia, the cadastral map is under authority of the Department of Surveying and Mapping Malaysia (DSMM. With the growth of spatial based technology especially Geographical Information System (GIS, DSMM decided to modernize and reform its cadastral legacy datasets by generating an accurate digital based representation of cadastral parcels. These legacy databases usually are derived from paper parcel maps known as certified plan. The cadastral modernization will result in the new cadastral database no longer being based on single and static parcel paper maps, but on a global digital map. Despite the strict process of the cadastral modernization, this reform has raised unexpected queries that remain essential to be addressed. The main focus of this study is to review the issues that have been generated by this transition. The transformed cadastral database should be additionally treated to minimize inherent errors and to fit them to the new satellite based coordinate system with high positional accuracy. This review result will be applied as a foundation for investigation to study the systematic and effectiveness method for Positional Accuracy Improvement (PAI in cadastral database modernization.
Flavio C. Ferrante
Full Text Available The considerable diffusion of technologies that use drones as the carriers that make it possible to bring photogrammetric sensors to heights for the acquisition of territorial information is arousing interest in a production sector, that of geotopographic information, which like other sectors, needs to find new stimulus in order to renew itself. The paper here proposed does not seek to analyse technical innovations of the sector, innovations allowed by new and increasingly efficient aircraft, by new sensors, by increasingly high performance software and more or less restrictive limitations imposed by the norms, all activities and regulations in rapid and, in some respects, tumultuous innovation and subject to other and more specific detail. The authors instead wish to propose a reflection on the actual possibilities, in the not too distant future, of the transposition of these technologies within the sphere of cadastral activities, so as to allow the economies and positive findings on photogrammetric measurement within the procedures of conservation of the Italian Cadastre. This work was drawn up within the framework of the activities of the CAT-APR Project, a scientific collaboration between the Revenue Agency and the Dipartimento Interateneo di Scienze, Progetto e Politiche del Territorio - Inter-university Department of Sciences, Project and Land Policies - (DIST of the Polytechnic and the University of Turin, which has as its object the testing of surveying methodologies based on the use of remotely piloted aerial vehicles designed for possible use in the cadastral field.
Marco Gameiro Antunes
The paper will also describe how the ownership (public vs. private of coastal and estuarine margins is seen in some legal systems, considering the contribution of MPD to the protection of estuarine water and to the biodiversity resources.
G. H. Azhdari
Full Text Available Natural Resources are essential for security and sustainable development of each country. Therefore, in order to reach sustainable development, conservation as well as optimum utilization of natural resources, executing of natural resources cadastral plan is necessary and essential. Governments conduct lands management in Iran, so there is a need for comprehensive plan with arranged program for best evaluation. In this research as a pilot, Pasargadae city is opted. Pasargadae region is located in north-east of Shiraz in Fars province with Latitude and longitude of 30° 15 ́ 53 ̋ N and 53° 13 ́ 29 ̋ E respectively. In order to generate the cadastral maps, Firstly, images from QuickBird satellite with 50-60 centimeters resolution were georeferenced by utilizing ground control points with accurate GPS coordinates. In addition to satellite images, old paper maps with 1:10000 scale in local coordinate system from agriculture ministry in 1963 were digitized according to 1:25000 scale map from army geographical organization with AutoCad software. Beside, paper maps with 1:50000 scale and Google Earth were used to find the changes during time. All the above maps were added to QuickBird images as new layers by using ArcMap software. These maps also were utilized to determine the different land-uses. Thus, by employing ArcMap software lands divide into 2 groups: firstly, lands with official document, which is owned by either natural or legal persons, and secondly national lands under different uses such as forestry, range management and desertification plans. Consequently, the generation of cadastral maps leads to better difference between private and national lands. In addition, producing cadastral maps prevent the destruction and illegal possession of natural lands by individuals.
... digital map of Fadaman-Mada was produced; and feature details shown in graphics and tables. Thus, for sustainable development, Cadastral Information System (CIS) has been made more effective for the monitoring, evaluation and management of cadastral records in government ministries, local government offices as ...
Isa, M. N. Bin; Hua, T. C.; Halim, N. Z. Binti Abdul
The digital age for cadastral surveying started in stages, more than 20 years ago in Malaysia and JUPEM played a vital role in its successful implementation nationwide. One of the key products of cadastral survey is cadastral maps, which provide useful information for any land information system. However, as technology evolved and simplicity is familiarised, better services are anticipated and have affected how cadastral survey information are perceived. A paradigm shift is necessary where enriched cadastral information is required for multiple usage and allow real cadastral information based services to users. On that note, JUPEM is intrigued to develop a system where National Digital Cadastral Database is value added with other geospatial information for a smart and multipurpose environment and clearly be interpreted as a decision making tool with the aids of 3D realistic spatial data, namely SmartKADASTER. The SmartKADASTER is an ongoing project developed by JUPEM with the aim to establish a realistic and SMART cadastral-based spatial analysis platform for an effective planning, decision making, enabling efficiencies and enhancing communication and management to support SMART services towards SMART City enablement in Malaysia. It is developed in phases with the Federal Territory of Putrajaya and Kuala Lumpur as the initial project implementation area. This paper provides awareness and insights of the on-going development of the project and how it could benefit potential users and stakeholders.
Vučić, Nikola; van Oosterom, P.J.M.; Markovinović, Danko; Oosterom, Peter van; Dimopoulou, Efi; Fendel, Elfriede M.
Utilities, buildings and infrastructure digital representations are very important set of spatial data for quality and sustainable spatial management and development of community in general. Many countries are on the way of the establishment of the 3D cadastre. Existing 2D cadastral systems are able
Fathi, Morteza; Teymurian, Farideh
Cadastre plays an essential role in sustainable development especially in developing countries like Iran. A well-developed Cadastre results in transparency of estates tax system, transparency of data of estate, reduction of action before the courts and effective management of estates and natural sources and environment. Multipurpose Cadastre through gathering of other related data has a vital role in civil, economic and social programs and projects. Iran is being performed Cadastre for many years but success in this program is subject to correct geometric and descriptive data of estates. Since there are various sources of data with different accuracy and precision in Iran, some difficulties and uncertainties are existed in modeling of geometric part of Cadastre such as inconsistency between data in deeds and Cadastral map which cause some troubles in execution of cadastre and result in losing national and natural source, rights of nation. Now there is no uniform and effective technical method for resolving such conflicts. This article describes various aspects of such conflicts in geometric part of cadastre and suggests a solution through some modeling tools of GIS.
Full Text Available According to the original wording of the Regulation on the register of land and buildings of 2001, in the real estate cadastre there was one attribute associated with the use of a building structure - its intended use, which was applicable until the amendment to the Regulation was introduced in 2013. Then, additional attributes were added, i.e. the type of the building according to the Classification of Fixed Assets (KST, the class of the building according to the Polish Classification of Types of Constructions (PKOB and, at the same time, the main functional use and other functions of the building remained in the Regulation as well. The record data on buildings are captured for the real estate cadastre from other data sets, for example those maintained by architectural and construction authorities. At the same time, the data contained in the cadastre, after they have been entered or changed in the database, are transferred to other registers, such as tax records, or land and mortgage court registers. This study is the result of the analysis of the laws applicable to the specific units and registers. A list of discrepancies in the attributes occurring in the different registers was prepared. The practical part of the study paid particular attention to the legal bases and procedures for entering the function of a building in the real estate cadastre, which is extremely significant, as it is the attribute determining the property tax basis.
According to the original wording of the Regulation on the register of land and buildings of 2001, in the real estate cadastre there was one attribute associated with the use of a building structure - its intended use, which was applicable until the amendment to the Regulation was introduced in 2013. Then, additional attributes were added, i.e. the type of the building according to the Classification of Fixed Assets (KST), the class of the building according to the Polish Classification of Types of Constructions (PKOB) and, at the same time, the main functional use and other functions of the building remained in the Regulation as well. The record data on buildings are captured for the real estate cadastre from other data sets, for example those maintained by architectural and construction authorities. At the same time, the data contained in the cadastre, after they have been entered or changed in the database, are transferred to other registers, such as tax records, or land and mortgage court registers. This study is the result of the analysis of the laws applicable to the specific units and registers. A list of discrepancies in the attributes occurring in the different registers was prepared. The practical part of the study paid particular attention to the legal bases and procedures for entering the function of a building in the real estate cadastre, which is extremely significant, as it is the attribute determining the property tax basis.
Full Text Available Real estate taxation has been intensely debated lately. The main issue concerns the formation of taxable values based on the current cadastral incomes. More specifically, the point is made against the iniquity that the current surveyed values generate in the fiscal system, thus the necessity of overcoming it. It is known that the iniquity depends on the failed revision of valuation fees (related to the two-year period 1988-1989 and on the classification (sometimes still related to the urban cadastral as well as on the modalities used to calculate the taxable basis through the multipliers (the IMU ones, particularly. These are the expression of a conventional (and certainly distorting rate of return procedure which have become tools for the income variation. During the last twenty years, the Government and the Parliament have found the solution to the problem of iniquity in the revision of the current cadastral incomes. Nevertheless, they never managed to start a veritable reform process. In fact, during these years, they have just managed to introduce temporary measures as for instance paragraph 335 e 336 of article 1 of Law 311 of December 30th for the revision of the classification of some territorial backgrounds or of some real estate units, thus managing to control the most evident iniquities. Some other norms were approved in order to conduct remote surveys to identify properties which were never listed in the cadastre office. More than once, other possible suitable solutions have been discussed which could have been, with a fast implementation and low use of resources, a first step towards the recovery of an equity of real estate taxation. Unfortunately, these came out to be temporary measures all the same. Last in order and worth of mention is the Ministry of Economic and Finance document by the Finance and Economy Department (hereinafter MEF named “Ipotesi di revisione del prelievo sugli immobili” (Revision of real estate taxation
Gotlib, Dariusz; Karabin, Marcin
Demands for applications which use models of building interiors is growing and highly diversified. Those models are applied at the stage of designing and construction of a building, in applications which support real estate management, in navigation and marketing systems and, finally, in crisis management and security systems. They are created on the basis of different data: architectural and construction plans, both, in the analogue form, as well as CAD files, BIM data files, by means of laser scanning (TLS) and conventional surveys. In this context the issue of searching solutions which would integrate the existing models and lead to elimination of data redundancy is becoming more important. The authors analysed the possible input- of cadastral data (legal extent of premises) at the stage of the creation and updating different models of building's interiors. The paper focuses on one issue - the way of describing the geometry of premises basing on the most popular source data, i.e. architectural and construction plans. However, the described rules may be considered as universal and also may be applied in practice concerned may be used during the process of creation and updating indoor models based on BIM dataset or laser scanning clouds
Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...
Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...
Earth Data Analysis Center, University of New Mexico — This feature class is part of the Cadastral National Spatial Data Infrastructure (NSDI) CADNSDI publication data set for rectangular and non-rectangular Public Land...
Full Text Available Land development processes today have an increasing demand to access three-dimensional (3D spatial information. Complex land development may need to have a 3D model and require some functions which are only possible using 3D data. Accordingly, the Intergovernmental Committee on Surveying and Mapping (ICSM, as a national body in Australia provides leadership, coordination and standards for surveying, mapping and national datasets has developed the Cadastre 2034 strategy in 2014. This strategy has a vision to develop a cadastral system that enables people to readily and confidently identify the location and extent of all rights, restrictions and responsibilities related to land and real property. In 2014, the land authority in the state of Victoria, Australia, namely Land Use Victoria (LUV, has entered the challenging area of designing and implementing a 3D digital cadastre focused on providing more efficient and effective services to the land and property industry. LUV has been following the ICSM 2034 strategy which requires developing various policies, standards, infrastructures, and tools. Over the past three years, LUV has mainly focused on investigating the technical aspect of a 3D digital cadastre. This paper provides an overview of the 3D digital cadastre investigation progress in Victoria and discusses the challenges that the team faced during this journey. It also addresses the future path to develop an integrated 3D digital cadastre in Victoria.
Full Text Available Unmanned aerial vehicles (UAVs provide a flexible and low-cost solution for the acquisition of high-resolution data. The potential of high-resolution UAV imagery to create and update cadastral maps is being increasingly investigated. Existing procedures generally involve substantial fieldwork and many manual processes. Arguably, multiple parts of UAV-based cadastral mapping workflows could be automated. Specifically, as many cadastral boundaries coincide with visible boundaries, they could be extracted automatically using image analysis methods. This study investigates the transferability of gPb contour detection, a state-of-the-art computer vision method, to remotely sensed UAV images and UAV-based cadastral mapping. Results show that the approach is transferable to UAV data and automated cadastral mapping: object contours are comprehensively detected at completeness and correctness rates of up to 80%. The detection quality is optimal when the entire scene is covered with one orthoimage, due to the global optimization of gPb contour detection. However, a balance between high completeness and correctness is hard to achieve, so a combination with area-based segmentation and further object knowledge is proposed. The localization quality exhibits the usual dependency on ground resolution. The approach has the potential to accelerate the process of general boundary delineation during the creation and updating of cadastral maps.
Magdenko A. Y.
Full Text Available The article is devoted to the institute of cadastral error. Some questions and problems of cadastral error corrections are considered. The material is based on current legislation and judicial practice.
In the thesis is presented modern GIS technology and its application in the field of cadastre. GIS technology is essentially based on the display and information processing related to given geographical coordinates. In the paper is implemented GIS software package Microstation, widely applied in the field of cadastre. The paper developed model using data from the cadastre of the municipality of Gostivar. Applied GIS technology opens up wide possibilities of processing of cadastral data,...
Full Text Available Cadastral surveying is concerned with the process of gathering evidence in the form of position information that is used to define the location of objects or land boundaries for the purposes of identifying ownership and/or the value of land parcels. The advent of Global Navigation Satellite Systems (GNSS, such as the Global Positioning System (GPS, has revolutionised the way 3-dimensional positions are determined and GPS surveying techniques, particularly Real Time Kinematic (RTK, are increasingly being adopted by cadastral surveyors. This paper presents a methodology for using RTK GPS observations to improve the existing cadastral survey control infrastructure, based on an extensive survey carried out in New South Wales, Australia. It is shown that accuracies (RMS of 11 mm in the horizontal and 34 mm in the vertical component (1? can be achieved for this dataset. Calculated bearings and distances agree very well with the official values derived from the state’s survey control database, easily meeting accuracy specifications and survey regulation requirements. 55% of the unestablished marks surveyed were able to be upgraded to cadastral survey control quality. Enhancements in the GPS survey design would have enabled an even higher percentage of marks to be classified as established, showing that the RTK GPS technique is well suited to improving survey control infrastructure for cadastral surveyors.
We begin with a look at definitions of key terms in the field of cadastral development. Then an understanding of what constitutes an ecadastral system is formed through an exploration of: good governance as related to cadastral development, e-government and e-governance, and a study of global cadastral and land
The need for transformation from analogue approach (traditional cadastre) into the digital technology era (digital cadastre) in order to derive the seemingly unlimited benefits is pertinent. Digital cadastre enhances land transaction activities to be conducted in a business manner. Similarly, land subdivision or boundary ...
Arc. Usman A. Jalam
1Department of Surveying & Geoinformatics, Faculty of Environmental Technology,. Federal University of ... management in Fadaman-Mada area of. Bauchi metropolis, against rapid socio- economic development. The study specifically examined the cadastral information ... Development of applications for managing the ...
The land administration system is supposed to consist of value adding processes in which several actors interact in a workflow which creates new or transfers parcels. This workflow is associated with transaction costs, part of which can be employed for maintenance of the cadastral information system. This article presents ...
including adjudication, boundary definition and demarcation, surveying, registration, dispute resolution and .... SGO, only four are appointed as Government Surveyors who have the powers to approve cadastral survey records. ... hard copy survey diagrams to a digital seamless layer that is planned to be linked to the Land.
Bartholomaei, G.; Kinzelbach, W.
The cadastre of waste heat provides the distribution in space and time of anthropogeneous waste heat emissions on a 2 x 2 km 2 grid. In the case of the Upper Rhine Valley it serves as a basis for the numerical evaluations of climatic changes caused by man. Such a cadastre also allows to analyse the distribution of pollutant emissions and the heat or energy supply, respectively, of the region. In a close approximation the distribution of waste heat is equal to the distribution of energy consumption. As there are generally difficulties in obtaining data about the consumption of the types of energy on the grid level, methods were developed which allow to determine the local energy consumption by using the relevant structural data. The methods used for the Federal Republic of Germany and neighbouring countries and the results for the Upper Rhine Valley, obtained by these methods, are presented. The cadastre of waste heat is based on data of the year 1973 which was a time of great energy consumption. Only in 1978 this energy consumption was exceeded. To be able to estimate the change in the influence of the anthropogeneous waste heat during the next 20 years, the cadastre was extrapolated until the year 2000. (orig.) [de
Yakup Emre ÃƒÂ‡oruhlu
Full Text Available Cadastral projects in Turkey have been accelerated in recent years by the involvement of the private sector. These projects aim at completing the countryÃ¢Â€Â™s cadastre, along with producing bases in standards that could be a foundation for Land Registry and Cadastre Information System (LRCIS. It is possible to produce cadastral data with todayÃ¢Â€Â™s technological means. In this context, three dimensional cadastre data can be properly produced, especially in digital cadastre projects with the required point accuracy. Nevertheless this is not enough for LRCIS. The cadastre bases that have been produced so far by different methods with different scales and bases, with or without coordinates, should also be converted into digital form based on National Basic GPS Network of Turkey (NBGN in required point-location accuracy. As the result of evaluation of graphical cadastre bases produced without coordinates, actual land measurements, and information obtained from sheets and field book data together, it was found out that there are significant base problems in the graphical maps. These bases, comprising 20% of TurkeyÃ¢Â€Â™s cadastre constitutes the most important bottleneck of completing the countryÃ¢Â€Â™s cadastre. In the scope of this paper, the possibilities of converting the field book measurement values of graphic cadastre bases into digital forms in national coordinate system by comparing them with actual land measurements are investigated, along with TurkeyÃ¢Â€Â™s Cadastre and its problems.
Full Text Available In the aftermath of the 5th Regional Conference on Cadastre and Spatial Data Infrastructure (Banja Luka and Laktaši, Bosnia and Herzegovina, June 6–8, 2012, the Republic Authority for Geodetic and Property Affairs of the Republic of Srpska and the Federal Administration for Geodetic and Real Property Affairs published the 5th Regional Study on Cadastre and Spatial Data Infrastructure. The study was produced in the frame of the Project INSPIRATION – Spatial Data Infrastructure in the Western Balkans, which is being realized for the benefit and with cooperation of representatives of eight geodetic administrations in the region (Albania, Bosnia and Herzegovina, Montenegro, Croatia, Kosovo, Macedonia, Serbia by consortium led by German company GFA of Hamburg, in cooperation with GDi GISDATA of Zagreb, experts from the Austrian Environmental Agency and German company con terra GmbH and financed from the European Union IPA funding programme for 2010.
Kosarev, Nikolai; Terentyev, Dmitry; Solnyshkova, Olga; Makarikhina, Inna
The article considers geodetic methods for determining land plots location during cadastral work. The analysis of technological solutions in coordinates determining of the land plots’ characteristic points and their areas was carried out. The accuracy of geodetic methods in the cadastral work implementation was assessed. The priority technology was identified, including the use of low-budget GNSS equipment for this very task. The areas values were obtained and root-mean-squares of boundary marks position calculated by means of chosen technology are presented. The estimation and justification of the selected technology for cadastral work is given.
Full Text Available This article describes what happened to the rule according to which it was not possible to register property and related rights into the registry on real estates without a prior fulfillment of tax duties related to the transfer of property rights, as well as tax duties in relation to inheritance and donations. Inadequacy of this rule and its incompatibility with our legal system has been assessed through its inconsistency with the Constitutional guarantee on the peaceful enjoyment of property, but also with the property law. Along the same lines the article follows the reasons given by the Constitutional Court in its decision on the inconsistency of the given rule with the Constitution in which the Constitutional Court opined that the rule that was struck down was also contrary to certain principles of the cadastre on real estates, such as the principle of the entry into cadastre. Regardless of the fact that the old rule significantly facilitated tax collection, this still cannot justify its existence and should not serve as the ground for a possible (third re-introduction of this rule into the system.
Song, W.; Zhang, F.
There are complex spatio-temporal relationships among cadastral entities. Cadastral spatio-temporal data model should not only describe the data structure of cadastral objects, but also express cadastral spatio-temporal relationships between cadastral objects. In the past, many experts and scholars have proposed a variety of cadastral spatio-temporal data models, but few of them concentrated on the representation of spatiotemporal relationships and few of them make systematic studies on spatiotemporal relationships between cadastral objects. The studies on spatio-temporal topological relationships are not abundant. In the paper, we initially review current approaches to the studies of spatio-temporal topological relationships, and argue that spatio-temporal topological relation is the combination of temporal topology on the time dimension and spatial topology on the spatial dimension. Subsequently, we discuss and develop an integrated representation of spatio-temporal topological relationships within a 3-dimensional temporal space. In the end, based on the semantics of spatiotemporal changes between land parcels, we conclude the possible spatio-temporal topological relations between land parcels, which provide the theoretical basis for creating, updating and maintaining of land parcels in the cadastral database.
Wassie, Y.A.; Koeva, M. N.; Bennett, R. M.; Lemmen, C. H.J.
Fit-for-purpose land administration aims to align cadastral policies, administration and technology selection with the prevailing societal needs and capacity within a country context. It seeks to support delivery of more rapid and low-cost cadastral boundary mapping – and ultimately more widespread
This article presents the cadastral system and the role of the private licensed surveyors in Denmark as a basis for discussion of its relevance to Ireland......This article presents the cadastral system and the role of the private licensed surveyors in Denmark as a basis for discussion of its relevance to Ireland...
Full Text Available The digitized cadastral map (KM-D comes up during a renewal of cadatral documents without new mapping using convertion of current cadastral map in digital form in given form and data structure. This method is used in areas with the map scale 1:2880. These map cover approx. 70 % of the Czech Republic. The files of raster images of cadastral maps and former land evidences are the ground for convertion. In the present time we attend from older coordinates system of cadastre to the system S-JTSK. The insular maps are converted into a continuos projection. The used method is based on elimination of a map deformation using the bicubic Coonson patch transformation, adjustment of cadastral district boundry and transformation. The paper deals with experience with compilation of the geometrical plans.
It is generally acknowledged that immovable property taxes are one of the main revenue sources for local government. The literature emphasizes that the administration of property taxes needs well-developed inventories or registers that provide complete and accurate records of the taxed properties and their legal-economic attributes. This requirement is generally fulfilled by Spatial Data Infrastructures (SDIs) in which the coordinate exchange and sharing of geo-spatial data is provided by separate registers/information systems such as: cadastral systems, building and address registers. Recently, the Open Geospatial Consortium presented a core component of a 3D SDI in the form of an international domain standard for representing, storing and exchanging 3D city models. The CityGML allows the semantic and 3D geometrical representation of physical objects but does not deal with the legal and administrative aspects of the city objects which are required for the process of property taxation. This paper outlines the development of an Application Domain Extension (ADE) for the immovable property taxation domain that expands the CityGML data model with the legal and administrative concepts defined in Turkish Law. The study shows that this ADE could be a 3D national data model for municipal information systems and facilitate a more efficient taxation process, as well as providing data for urban planning, facility management and other municipal services.
Full Text Available The aim of the paper is to present of the possibilities of positioning and visual markup of historical cadastral maps onto Google maps using open source software. The corpus is stored in the Croatian State Archives in Zagreb, in the Maps Archive for Croatia and Slavonia. It is part of cadastral documentation that consists of cadastral material from the period of first cadastral survey conducted in the Kingdom of Croatia and Slavonia from 1847 to 1877, and which is used extensively according to the data provided by the customer service of the Croatian State Archives. User needs on the one side and the possibilities of innovative implementation of ICT on the other have motivated the development of the system which would use digital copies of original cadastral maps and connect them with systems like Google maps, and thus both protect the original materials and open up new avenues of research related to the use of originals. With this aim in mind, two cadastral map presentation models have been created. Firstly, there is a detailed display of the original, which enables its viewing using dynamic zooming. Secondly, the interactive display is facilitated through blending the cadastral maps with Google maps, which resulted in establishing links between the coordinates of the digital and original plans through transformation. The transparency of the original can be changed, and the user can intensify the visibility of the underlying layer (Google map or the top layer (cadastral map, which enables direct insight into parcel dynamics over a longer time-span. The system also allows for the mark-up of cadastral maps, which can lead to the development of the cumulative index of all terms found on cadastral maps. The paper is an example of the implementation of ICT for providing new services, strengthening cooperation with the interested public and related institutions, familiarizing the public with the archival material, and offering new possibilities for
In this paper a review of the condition with harmful articles emission in the air from industrial, energetic and communal emitters on the area of city Skopje is presented. The results of researches taken in the period 1994-1996, as a second phase of the project: 'Cadastre of air polluters and map of air pollution of Republic of Macedonia' are given. The level of data processing represents a base for prognosis of expected air pollution of city of Skopje, with what a possibility of air quality control will be provided. (author)
Halim, N. Z. A.; Sulaiman, S. A.; Talib, K.; Ng, E. G.
This paper explains the process carried out in identifying the relevant features of the National Digital Cadastral Database (NDCDB) for spatial analysis. The research was initially a part of a larger research exercise to identify the significance of NDCDB from the legal, technical, role and land-based analysis perspectives. The research methodology of applying the Delphi technique is substantially discussed in this paper. A heterogeneous panel of 14 experts was created to determine the importance of NDCDB from the technical relevance standpoint. Three statements describing the relevant features of NDCDB for spatial analysis were established after three rounds of consensus building. It highlighted the NDCDB’s characteristics such as its spatial accuracy, functions, and criteria as a facilitating tool for spatial analysis. By recognising the relevant features of NDCDB for spatial analysis in this study, practical application of NDCDB for various analysis and purpose can be widely implemented.
Full Text Available Ground surveys and remote sensing are integral to establishing fair and equitable property valuations necessary for real property taxation. The International Association of Assessing Officers (IAAO has embraced aerial and street-view imaging as part of its standards related to property tax assessments and audits. New technologies, including unmanned aerial systems (UAS paired with imaging sensors, will become more common as local governments work to ensure their cadastre and tax rolls are both accurate and complete. Trends in mapping technology have seen an evolution in platforms from large, expensive manned aircraft to very small, inexpensive UAS. Traditional methods of photogrammetry have also given way to new equipment and sensors: digital cameras, infrared imagers, light detection and ranging (LiDAR laser scanners, and now synthetic aperture radar (SAR. At the University of Alaska Fairbanks (UAF, we work extensively with unmanned aerial systems equipped with each of these newer sensors. UAF has significant experience flying unmanned systems in the US National Airspace, having begun in 1969 with scientific rockets and expanded to unmanned aircraft in 2003. Ongoing field experience allows UAF to partner effectively with outside organizations to test and develop leading-edge research in UAS and remote sensing. This presentation will discuss our research related to various sensors and payloads for mapping. We will also share our experience with UAS and optical systems for creating some of the first cadastral surveys in rural Alaska.
Cunningham, K.; Walker, G.; Stahlke, E.; Wilson, R.
Ground surveys and remote sensing are integral to establishing fair and equitable property valuations necessary for real property taxation. The International Association of Assessing Officers (IAAO) has embraced aerial and street-view imaging as part of its standards related to property tax assessments and audits. New technologies, including unmanned aerial systems (UAS) paired with imaging sensors, will become more common as local governments work to ensure their cadastre and tax rolls are both accurate and complete. Trends in mapping technology have seen an evolution in platforms from large, expensive manned aircraft to very small, inexpensive UAS. Traditional methods of photogrammetry have also given way to new equipment and sensors: digital cameras, infrared imagers, light detection and ranging (LiDAR) laser scanners, and now synthetic aperture radar (SAR). At the University of Alaska Fairbanks (UAF), we work extensively with unmanned aerial systems equipped with each of these newer sensors. UAF has significant experience flying unmanned systems in the US National Airspace, having begun in 1969 with scientific rockets and expanded to unmanned aircraft in 2003. Ongoing field experience allows UAF to partner effectively with outside organizations to test and develop leading-edge research in UAS and remote sensing. This presentation will discuss our research related to various sensors and payloads for mapping. We will also share our experience with UAS and optical systems for creating some of the first cadastral surveys in rural Alaska.
Full Text Available The structure of academic course «Natural resource cadastres of Belarus» for the students majoring in «Geoecology» at Geography faculty of Belarussian State University is considered in the article. The study is aimed at creation and development of academic, socio-professional and practical-oriented competence to solve the problems in the sphere of environmental protection and rational nature use. The students get knowledge about the components of natural resource cadastres: their quantity record and assessment according to the quality, economic estimation, state registration of nature users. They study law basis of cadastre control, first of all, the Statute on procedure of cadastre conducting. The significance of natural resource cadastres for rational distribution and specialization of economic objects as well as for the rational use and resource protection is considered in the course. The students study the structure of each set of nature resource cadastres. One of them is represented by the cadastre book, another – by three books (state water cadastre: the cadastre of surface waters, of underground waters, of water resource usage. Others include seven cadastre books (for example, state cadastre of the plant world. The students get acquainted with geographical and ecological information. It allows them to analyse spatiotemporal changes of quantity and quality indexes, characterising definite types of natural resources. State cadastres of open air and waste products are different from other types. The cadastre of open air includes an information code about the quantity and quality content of pollutant emissions in the atmosphere. The data about the quantity and quality of waste characteristic and the information about waste usage, storage and utilisation are presented in the waste cadastre. Lectures go with practical classes and individual work, aimed at the formation of practice-oriented student competence.
Full Text Available This paper investigates and suggests methods for producing a facsimile of the 1 860 cadastral map of Varaždin. The methods used to produce the map, the coordinate systems, map contents, usage, maintenance and damage are described. Three samples from the map that display the elements of damage noted were researched, and the possibility of replacing damaged sections with undamaged sections using digital methods investigated. The sources available were the original cadastral colour map of Varaždin, along with the line art cadastral map and field cadastral sketches. The original colour and line art maps were scanned using the DeSkan Express scanning system for large formats. A flatbed UMAX Mirage II A3 scanner was used for scanning the field cadastral map. For the research image-processing, Adobe Photoshop CE 7.0 software was used, although it was primarily designed for processing photographs. The colour separation method was rejected from the start, since the map was made by hand. The paper discusses the possibility of copying and inserting missing parts from additional map sources, changing the colour of the paper to white or another colour, removing the map content added in red ink and lead pencil, and so on. The discussion is based on actual examples from the digital image. The conclusion suggests image-processing methods for achieving optimal results in producing a facsimile of the Varaždin cadastral map.Keywords: facsimile; cadastral map; map content; scanning; digital image processing
Full Text Available The core of modern cadastre management is to renew the cadastre database and keep its currentness,topology consistency and integrity.This paper analyzed the changes and their linkage of various cadastral objects in the update process.Combined object-oriented modeling technique with spatio-temporal objects' evolution express,the paper proposed a cadastral data updating model based on the spatio-temporal process according to people's thought.Change rules based on the spatio-temporal topological relations of evolution cadastral spatio-temporal objects are drafted and further more cascade updating and history back trace of cadastral features,land use and buildings are realized.This model implemented in cadastral management system-ReGIS.Achieved cascade changes are triggered by the direct driving force or perceived external events.The system records spatio-temporal objects' evolution process to facilitate the reconstruction of history,change tracking,analysis and forecasting future changes.
A. D. Vlasov
Full Text Available The purpose of the study. To prove the methodological error of the calculation of the market (cadastral value of capital construction objects, as a result of a violation of the Federal law of the Russian Federation of 29.07.1998 No. 135-FZ “On valuation activities in the Russian Federation”, article 3, in determining the market value of the property. To show that the theory and practice of measuring the value of real estate is necessary to delimit the elements of the market value formation of reproducible and not reproducible factors single property. Materials and methods. The objectives of the article are: the rules of law in assessment activities; the results of the cadastral valuation of real estate in settlements of Russia; comparative analysis of the factors determining the market (cadastral value of real estate. Results. Formulated the axiom about the market (cadastral cost of the reproducible factors of a single property. It is shown that in the theory and practice of measurement in market (cadastral value of real estate of Russia violated article 3 of the law 135-FZ of 29.07.1998. As a consequence, the market (cadastral cost of the capital construction objects 2-5 times overestimated, and the market (cadastral value of land in the 2-15 times underestimated. This is the basis of corruption, challenging the results of cadastral assessment of problems of formation of budgets of all levels, reduction in the rate of economic development of Russia. According to our results of the cadastral assessment of land plots of various categories of land in the regions of Russia there is a technology of determining the economic norms of rational use of real estate. Conclusion. Regardless of technology assessment of the property market value of reproducible improvements of the land may not exceed their replacement cost.
Full Text Available After its establishment, the roof cadastre - solar cadastre I wish to introduce in this article will form a database, with the help of which we will be able to analyse solar radiation factors on the local level (street, house, and a map display will also be available. Through the implementation of the appropriate methods, we can establish roof/solar cadastres on the settlement/district/regional level and these can help to increase the rate of utilization of renewable energy sources.
Navratil, G.; Leopoldseder, V.
A well-known problem of geographical information is the communication of the quality level. It can be either done verbally / numerically or it can be done graphically. The graphical form is especially useful if the quality has a spatial variation because the spatial distribution is visualized as well. The problem of spatial variation of quality is an issue for cadastral maps. Non-experts cannot determine the quality at a specific location. Therefore a visual representation was tested for the Austrian cadastre. A map sheet was redesigned to give some indication of cadastral quality and presented to both experts and non-experts. The paper presents the result of the interviews.
KIRICHEK Yu. O.
Full Text Available Summary. Work concerns development of national system of classification of the land plots. The developed classification will allow to solve correctly a number of the corresponding cadastral, land management, estimated and other tasks. The analysis of classifications of lands, improvements and real estate in general is made. The created offers concerning creation of a new classification of the land plots in Ukraine. Today the Ukrainian real estate market has no single system that separates the system property groups, classes and types. This significantly complicates the work and can not fully be aware of the specific situation of real estate market. This task is designed to solve classification properties, it is used to transition from a diversity of individual properties to a limited number of classes of evaluation objects. The classification is different functional purpose (use facilities assessment, which determines the difference in value.
Full Text Available The cadastral data, including land parcels, are the basic reference data for presenting various objects collected in spatial databases. Easy access to up-to-date records is a very important matter for the individuals and institutions using spatial data infrastructure. The primary objective of the study was to check the current accessibility of cadastral data as well as to verify how current and complete they are. The author started researching this topic in 2007, i.e. from the moment the Team for National Spatial Data Infrastructure developed documentation concerning the standard of publishing cadastral data with the use of the WMS. Since ten years, the author was monitoring the status of cadastral data publishing in various districts as well as participated in data publishing in many districts. In 2017, when only half of the districts published WMS services from cadastral data, the questions arise: why is it so and how to change this unfavourable status? As a result of the tests performed, it was found that the status of publishing cadastral data is still far from perfect. The quality of the offered web services varies and, unfortunately, many services offer poor performance; moreover, there are plenty services that do not operate at all.
The cadastral data, including land parcels, are the basic reference data for presenting various objects collected in spatial databases. Easy access to up-to-date records is a very important matter for the individuals and institutions using spatial data infrastructure. The primary objective of the study was to check the current accessibility of cadastral data as well as to verify how current and complete they are. The author started researching this topic in 2007, i.e. from the moment the Team for National Spatial Data Infrastructure developed documentation concerning the standard of publishing cadastral data with the use of the WMS. Since ten years, the author was monitoring the status of cadastral data publishing in various districts as well as participated in data publishing in many districts. In 2017, when only half of the districts published WMS services from cadastral data, the questions arise: why is it so and how to change this unfavourable status? As a result of the tests performed, it was found that the status of publishing cadastral data is still far from perfect. The quality of the offered web services varies and, unfortunately, many services offer poor performance; moreover, there are plenty services that do not operate at all.
Alif, S. M.; Nugroho, A. P.; Leksono, B. E.
Energy security has one of its dimensions: Short-term energy security which focuses on the ability of the energy system to react promptly to sudden changes within the supply-demand balance. Non-energy components (such as land parcel) that comprise an energy system are analysed comprehensively with other component to measure energy security related to energy supply. Multipurpose cadastre which is an integrated land information system containing legal, physical, and cultural is used to evaluate energy (electrical energy) security of land parcel. The fundamental component of multipurpose cadastre used to evaluate energy security is attribute data which is the value of land parcel facilities. Other fundamental components (geographic control data, base map data, cadastral data) are used as position information and provide weight in room (part of land parcel) valuation. High value-room means the room is comfortable and/or used productively by its occupant. The method of valuation is by comparing one facility to other facilities. Facilities included in room valuation are relatively static items (such as chair, desk, and cabinet) except lamps and other electronic devices. The room value and number of electronic devices which consume electrical energy are correlated with each other. Consumption of electrical energy of electronic devices in the room with average value remains constant while consumption in other room needs to be evaluated to save the energy. The result of this research shows that room value correlate weakly with number of electronic device in corresponding room. It shows excess energy consumed in low-value room. Although numbers of electronic devices do not always mean the consumption of electrical energy and there are plenty electronic devices, it is recommended for occupant to be careful in utilizing electronic devices in low-value room to minimize energy consumption.
Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.
Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.
PABLO RODRÍGUEZ DEL POZO
Full Text Available Equal rights for persons with disabilities is the ultimate goal mandated by the CRPD, and it can probably be gradually achieved in Qatar as steps are taken towards reconsidering the approach to disability at large. This paper examines what impact the CRPD has on the country’s legislation. To that end, we explore how the sensitive domains –health, education, employment, and justice– need to be re-evaluated in light of the CRPD, where recent improvements in the rights of persons with disabilities in Qatar can enable compliance and where the greater challenges lie. We maintain that although legal reforms are needed for Qatar to comply with CRPD, within existing legislation there is notable potential to accommodate particular amendments that could significantly assist the move towards CRPD compliance. We suggest some structural steps aimed at improving compliance, consisting of the establishment of specific institutions, the promotion of associations that represent persons with disabilities and, above all, advancement of a fundamental shift in the way disability is perceived by society, moving away from the old medical notion of disability with its focus on special features and rehabilitation and instead adopting the social model that mandates inclusion and equality.
Mothi Kumar, K. E.; Singh, S.; Attri, P.; Kumar, R.; Kumar, A.; Sarika; Hooda, R. S.; Sapra, R. K.; Garg, V.; Kumar, V.; Nivedita
Identification and demarcation of Forest lands on the ground remains a major challenge in Forest administration and management. Cadastral forest mapping deals with forestlands boundary delineation and their associated characterization (forest/non forest). The present study is an application of high resolution World View-II data for digitization of Protected Forest boundary at cadastral level with integration of Records of Right (ROR) data. Cadastral vector data was generated by digitization of spatial data using scanned mussavies in ArcGIS environment. Ortho-images were created from World View-II digital stereo data with Universal Transverse Mercator coordinate system with WGS 84 datum. Cadastral vector data of Bir Hisar (Hisar district, Haryana) and adjacent villages was spatially adjusted over ortho-image using ArcGIS software. Edge matching of village boundaries was done with respect to khasra boundaries of individual village. The notified forest grids were identified on ortho-image and grid vector data was extracted from georeferenced cadastral data. Cadastral forest boundary vectors were digitized from ortho-images. Accuracy of cadastral data was checked by comparison of randomly selected geo-coordinates points, tie lines and boundary measurements of randomly selected parcels generated from image data set with that of actual field measurements. Area comparison was done between cadastral map area, the image map area and RoR area. The area covered under Protected Forest was compared with ROR data and within an accuracy of less than 1 % from ROR area was accepted. The methodology presented in this paper is useful to update the cadastral forest maps. The produced GIS databases and large-scale Forest Maps may serve as a data foundation towards a land register of forests. The study introduces the use of very high resolution satellite data to develop a method for cadastral surveying through on - screen digitization in a less time as compared to the old fashioned
Del Buono, Monica; Boatto, L.; Consorti, Vincenzo; Eramo, Vincenzo; Esposito, Alessandra; Melcarne, F.; Tucci, M.
Automatic understanding of line drawings is a fundamental task in order to feed a Geographic Information System. Furthermore, the amount of alphanumeric data in engineering drawings and maps makes it necessary to automatically process characters and to provide efficient interactive tools for recognition validation. In this paper, we present the character recognition subsystem implemented within a larger system for the automatic interpretation of Italian cadastral maps (A0 format monochrome drawings representing land properties by means of continuous lines, dashed lines, shading patterns, characters, and special symbols). The system relies upon quite general methodologies, and experiments are now in progress on different kinds of line drawings. The character recognition subsystem consists of a sequence of steps -- from the detection of characters within the raster image to the reconstruction of text strings by grouping single characters, from character recognition to the placement of recognized texts in the vector image. Fully automatic steps are followed by interactive sessions, during which an operator checks and corrects the results provided by the system. The system is currently running on two different platforms: (1) S/370 or S/390 architecture running VM/CMS, equipped with IBM 5080 graphic stations, (2) IBM RS/6000 workstation running AIX.
Crǎciunescu, Vasile; NièU, Constantin; Timár, Gábor; Boicu, Alin; Rus, Ioan
Starting with 1975, the North-West part of the Moldavia Principality was occupied by the Habsburg Monarchy and become known as Duchy of Bukovina. During the 143 years of Austrian rule (1775 - 1918), this territory was the subject of several topographic and cadastral surveys. The paper will focus on the cadastral maps produced under the Stabile cadaster (also known as Franciscan cadastre). In the Habsburg Empire, this cadastral survey was started in 1817, at an order of the Emperor Francis I of Austria, as a base for his land taxation reform. In Bukovina, the land registration system was introduced in 1832. The base maps, known as Katastralmappe or Parzellenplan, were drawn under the 1:2880 scale, using Viennese Klafter (fathom) as length unit (1 Viennese Klafter = 1.89648 meters). Each taxation parish (usually centered on the most important cities/villages) was surveyed and mapped individually. The map sheets were accompanied by several registers (e.g. register of building plots, register of land plots) with informations regarding the cadastral parcels. Today, such documents represent a valuable resource in reconstructing the natural and built environment. The study presents the way this maps can be georeferenced and integrated into modern GIS applications, for precise digitization, spatial analysis and 3D reconstruction. The base of the georeference is the knowledge of the projection and datum parameters of the survey in Bukovina as well as the sheet labeling system.
Ghawana, T.; Hespanha, J.; Khandelwal, P.; Van Oosterom, P.
Cadastral systems based on 2D spatial representation have served land administration and property management well for centuries. In India, the basic unit of the cadastral record is the land parcel, which is known as plot. Maintenance of land records with ownership; assessment of tax on the property
Vejre, Henrik; Vesterager, Jens Peter; Andersen, Peter S.
Management of ecological entities in agricultural landscapes is often challenged by a complex ownership structure governed by a cadastral system dictated by agricultural interests and historical land use practices. The cadastral division is suspected to obstruct the deliverance of ecosystem...... potential ES are to be unfolded in spatial explicit contexts; all landowners must be aligned in terms of new regulation if the particular service is to be released simultaneously and uniformly in a spatial defined area. It is concluded that sound ecosystem and landscape management that follows boundaries...... services (ES) from the landscape. The objective of this analysis is to quantify the cadastral fragmentation of selected landscape-scale ES. Contiguous ecological units and landscape entities as designated in Danish municipal planning were analyzed. The designations comprised the existing ES represented...
Full Text Available Updating the cadastre requires much work carried out by surveying companies in countries that have still not solved the problem of updating the cadastral data. In terms of the required precision, these works are among the most accurate. This raises the question: to what extent may modern digital photogrammetric methods be useful in this process? The capabilities of photogrammetry have increased significantly after the introduction of digital aerial cameras and digital technologies. For the registration of cadastral objects, i.e., land parcels’ boundaries and the outlines of buildings, very high-resolution aerial photographs can be used. The paper relates an attempt to use an alternative source of data for this task - the development of images acquired from UAS platforms. Multivariate mapping of cadastral parcels was implemented to determine the scope of the suitability of low altitude photos for the cadastre. In this study, images obtained from UAS with the GSD of 3 cm were collected for an area of a few square kilometres. Bundle adjustment of these data was processed with sub-pixel accuracy. This led to photogrammetric measurements being carried out and the provision of an orthophotomap (orthogonalized with a digital surface model from dense image matching of UAS images. Geometric data related to buildings were collected with two methods: stereoscopic and multi-photo measurements. Data related to parcels’ boundaries were measured with monoplotting on an orthophotomap from low-altitude images. As reference field surveying data were used. The paper shows the potential and limits of the use of UAS in a process of updating cadastral data. It also gives recommendations when performing photogrammetric missions and presents the possible accuracy of this type of work.
Kovyazin, V; Belyaev, V; Romanchikov, A; Pasko, O
Cadastral valuation of forestlands is one of the problems of the modern economy. Valuation procedures depend either on the profitability of timbering or forest areas are not differentiated according to value. The authors propose the procedure based on taxation indices of strata. The most important factors influencing the valuation are determined. The dependence that allows establishing the relative cost of a certain forest area is defined. Knowing the cadastral value of a model area, it is possible to determine the values of all other sites. The evaluation results correlate with the Faustman procedure with slight difference in the absolute value
Full Text Available the article proposes a method for calculating the taxonomic formula for the geoecological hazard of the cadastral district. The engineering-geological zoning map uses for calculating the balance of the territory by the hazard index – the basis of the taxonomic formula. The taxonomic formula as an open data set makes it possible to characterize the geoecological hazards of the territory of a district. The geoenvironmental hazard map of cadastral districts is necessary for regional model of spatial planning at the municipal level.
Santamaria Pena, Jacinto
In the current processes of rural cadastral revision, the geometric and radiometric quality of the digital orthophotographs play an increasingly relevant role. The on-screen digitalisation of the geographic entities is conditioned by many factors (resolution of the orthophoto, precision in the georreferenciation, radiometric density, viewing zoom,...), which ultimately result in certain imprecision. The combination of these factors produces errors not only in the correct location of the rural plots, but also, and very importantly, in the value of their cadastral surface. The cadastral surface of the rural estate is derived from the on-screen digitalisation of the perimeter, and its comparison with the rural surface obtained in topographical works shows some surface errors of even 10%. On the other hand, there are many cities that only have paper cartographies largely inconsistent in terms of the surface registered in the Cadastral Database and the surface registered in the Cadastral Map. Thus, the four main variables studied are: the cadastral surface obtained in the on-screen digitalisation of Digital Ortofotographs, the surface obtained in the digitalisation on the paper cadastral map, the surface registered in the Cadastral Database and the rural surface obtained in topographical works. The comparison of all these variables shows some surface errors and, this doctoral thesis studies precisely the best parameters to define the cadastral surface errors in rural real estate. Apart from the traditional relative surface error [ESR], another parameter called Index of Boundary Uncertainty [IBU] is proposed. This parameter distributes the absolute surface error in the area where this error occurs, that is to say, in the perimeter, being a parameter more independent of the size of the plots. The correlation between both parameters is very high, particularly for error values lower than 5%. Nevertheless, it is always necessary to take into account the conditions under
Stoter, J.E.; Van Oosterom, P.J.M.; Wouters, R.; Jansen, L.J.M.
The world is (at least) three dimensional in our perception although when it comes to representation we have become used to the simplification of the ‘reality’ into two dimensions (2D). Most situations in a cadastre can be represented in 2D on a map without that this representation causes too many
Malanina E. N.
Full Text Available The separate function of the land fund government management – cadastral registration of land – is being analyzed in the article. The author recounts the origin and development of this function, and stresses its shortcomings influencing the efficiency of governmental management in the sphere of land relations.
Flavio Celestino Ferrante
Full Text Available This article outlines the methods and activities, in the field of mapping, in support of the important process of renewal of the entire cadastral system. It describes the technology and spatial data currently available that can assist in setting up complex issues of reforming appraisal system and, more generally, in the processes against tax evasion in real estate.
Munkhbaatar, B.; Lee, J.
National land information system (NLIS) is an essential part of the Mongolian land reform. NLIS is a web based and centralized system which covers administration of cadastral database all over the country among land departments. Current ongoing NLIS implementation is vital to improve the cadastral system in Mongolia. This study is intended to define existing problems in current Mongolian cadastral system and propose administrative institutional and systematic implementation through NLIS. Once NLIS launches with proposed model of comprehensive cadastral system it will lead to not only economic and sustainable development but also contribute to citizens' satisfaction and lessen the burdensomeness of bureaucracy. Moreover, prevention of land conflicts, especially in metropolitan area as well as gathering land tax and fees. Furthermore after establishment of NLIS, it is advisable that connecting NLIS to other relevant state administrational organizations or institutions that have relevant database system. Connections with other relevant organizations will facilitate not only smooth and productive workflow but also offer reliable and more valuable information by its systemic integration with NLIS.
Isikdag, U.; Horhammer, M.; Zlatanova, S.; Kathmann, R.; Van Oosterom, P.J.M.
Valuation of real estate/ properties is in many countries/ cities the basis for fair taxation. The value depends on many aspects, including the physical real world aspects (geometries, material of object as build) and legal/virtual aspects (rights, restrictions, responsibilities, zoning/development
Full Text Available This paper concerns changes of the cadastral value of real estate connected with changes in the land use determinations of the local spatial development plan in a given area over the analyzed period of time.
Sophie Crommelinck; Rohan Bennett; Markus Gerke; Francesco Nex; Michael Ying Yang; George Vosselman
Unmanned Aerial Vehicles (UAVs) have emerged as a rapid, low-cost and flexible acquisition system that appears feasible for application in cadastral mapping: high-resolution imagery, acquired using UAVs, enables a new approach for defining property boundaries. However, UAV-derived data are arguably not exploited to its full potential: based on UAV data, cadastral boundaries are visually detected and manually digitized. A workflow that automatically extracts boundary features from UAV data cou...
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
Parida, P. K.; Sanabada, M. K.; Tripathi, S.
Advancements in satellite sensor technology enabling capturing of geometrically accurate images of earth's surface coupled with DGPS/ETS and GIS technology holds the capability of large scale mapping of land resources at cadastral level. High Resolution Satellite Images depict field bunds distinctly. Thus plot parcels are to be delineated from cloud free ortho-images and obscured/difficult areas are to be surveyed using DGPS and ETS. The vector datasets thus derived through RS/DGPS/ETS survey are to be integrated in GIS environment to generate the base cadastral vector datasets for further settlement/title confirmation activities. The objective of this paper is to illustrate the efficacy of a hybrid methodology employed in Pitambarpur Sasana village under Digapahandi Tahasil of Ganjam district, as a pilot project, particularly in Odisha scenario where the land parcel size is very small. One of the significant observations of the study is matching of Cadastral map area i.e. 315.454 Acres, the image map area i.e. 314.887 Acres and RoR area i.e. 313.815 Acre. It was revealed that 79 % of plots derived by high-tech survey method show acceptable level of accuracy despite the fact that the mode of area measurement by ground and automated method has significant variability. The variations are more in case of Government lands, Temple/Trust lands, Common Property Resources and plots near to river/nalas etc. The study indicates that the adopted technology can be extended to other districts and cadastral resurvey and updating work can be done for larger areas of the country using this methodology.
Frazzica, V.; Galletti, F.; Orciani, M.; Colosi, L.; Cartaro, A.
Our analysis covered specifically an area located along the "internal Marche ridge" of the Apennines, in the province of Ancona (Marche Region, Italy). The cartographical working-out for our historical analysis has been conduct drawing up maps originating from the nineteenth century Gregoriano Cadastre (Catasto Gregoriano) maps preserved in the State Archive of Rome, which have been reproduced in digital format, georeferenced and vectorialized. With the creation of a database, it has been possible to add to the maps the information gathered from the property registers concerning crop production and socioeconomic variables, in order to set up a Geographical Information System (G.I.S.). The combination of the database with the digitalized maps has allowed to create an univocal relation between each parcel and the related historical data, obtaining an information system which integrally and completely evidences the original cadastre data as a final result. It was also possible to create a three-dimensional model of the historical landscapes which permits to visualize the cultural diversification of that historical period. The integration in Territorial Information System (S.I.T.) of historical information from Gregoriano Cadastre, of socio-economic analyses concerning business changes and in parallel the study of the transformations of territorial framework, showed to be a very important instrument for the area planning, allowing to identify specific planning approaches not only for urban settlement but also for restoration of variety and complexity of agricultural landscape. The work opens further research in various directions, identifying some pilot areas which test new managerial models, foreseeing simulation of management impacts both on business profitability and landscape configuration. The future development of the project is also the upgrade and evolution of the database, followed by the acquisition of data related to the following historical periods. It
Full Text Available This article is focused on the land use development in the cadastral area Žabčice since the mid of the 20th century. Žabčice lies in South Moravia at a distance of less than 25 km south from Brno and its land area is 817 ha. This selected cadastre is part of University Agricultural Enterprise (UAE Žabčice area and has been chosen because of the relevance for the MUAF in Brno. Dominant activity in this cadastral area is agriculture. The land use was evaluated from 1950’s to the present time.According to availability of suitable map underlays three basic time profiles (1953, 1990 and 2007 were chosen. For evaluation of land use development following materials were used: archival aerial photographs, ortophotos, basic and cadastral maps, archival documents. Field survey of selected area was also necessary. Thirteen land use categories have been identified as an outcome of interpretation of maps. These categories were compared by methods of comparative measurement of areas. The area of particular land use categories in landscape with regard to land area of whole model area in hectares and further their percentage representation were found out. Data processing and all analyses were done in GIS environment (software ArcGIS 9.1.In 2007 (compared with 1953 forest area had increased by about 1 %, orchards by 2 %, vineyards by 12 % and the increase of built-up and other areas by 8 % was also evident. The area of following categories decreased: arable land by 21 %, TTP by 2 %, garden by 1 %. The most significant trend in the cadastral Žabčice is decrease of arable land area recorded during the whole period. Other trends are following: the increase of vineyard areas, smaller increase of the orchard area and increase of built-up and other areas. In the context of political and socio-economic factors, non-forest vegetation was negatively marked. These changes correspond with changes in Czech Republic in the same time
Frank, A. U.; Fuhrmann, T.; Navratil, G.
3D city models represent existing physical objects and their topological and functional relations. In everyday life the rights and responsibilities connected to these objects, primarily legally defined rights and obligations but also other socially and culturally established rights, are of importance. The rights and obligations are defined in various laws and it is often difficult to identify the rules applicable for a certain case. The existing 2D cadastres show civil law rights and obligations and plans to extend them to provide information about public law restrictions for land use are in several countries under way. It is tempting to design extensions to the 3D city models to provide information about legal rights in 3D. The paper analyses the different types of information that are needed to reduce conflicts and to facilitate decisions about land use. We identify the role 3D city models augmented with planning information in 3D can play, but do not advocate a general conversion from 2D to 3D for the legal cadastre. Space is not anisotropic and the up/down dimension is practically very different from the two dimensional plane - this difference must be respected when designing spatial information systems. The conclusions are: (1) continue the current regime for ownership of apartments, which is not ownership of a 3D volume, but co-ownership of a building with exclusive use of some rooms; such exclusive use rights could be shown in a 3D city model; (2) ownership of 3D volumes for complex and unusual building situations can be reported in a 3D city model, but are not required everywhere; (3) indicate restrictions for land use and building in 3D city models, with links to the legal sources.
Rijsdijk, M.; van Hinsbergh, W. H. M.; Witteveen, W.; ten Buuren, G. H. M.; Schakelaar, G. A.; Poppinga, G.; van Persie, M.; Ladiges, R.
Quite often in the verification of cadastral borders, owners of the parcels involved are not able to make their attendance at the appointed moment in time. New appointments have to be made in order to complete the verification process, and as a result often costs and throughput times grow beyond what is considered to be acceptable. To improve the efficiency of the verification process an experiment was set up that refrains from the conventional terrestrial methods for border verification. The central research question was formulated as "How useful are Unmanned Aerial Systems in the juridical verification process of cadastral borders of ownership at het Kadaster in the Netherlands?". For the experiment, operational evaluations were executed at two different locations. The first operational evaluation took place at the Pyramid of Austerlitz, a flat area with a 30 m high pyramid built by troops of Napoleon, with low civilian attendance. Two subsequent evaluations were situated in a small neighbourhood in the city of Nunspeet, where the cadastral situation recently changed, resulting from twenty new houses that were build. Initially a mini-UAS of the KLPD was used to collect photo datasets with less than 1 cm spatial resolution. In a later stage the commercial service provider Orbit Gis was hired. During the experiment four different software packages were used for processing the photo datasets into accurate geo-referenced ortho-mosaics. In this article more details will be described on the experiments carried out. Attention will be paid to the mini-UAS platforms (AscTec Falcon 8, Microdrone MD-4), the cameras used, the photo collection plan, the usage of ground control markers and the calibration of the camera's. Furthermore the results and experiences of the different used SFM software packages (Visual SFM/Bundler, PhotoScan, PhotoModeler and the Orbit software) will be shared.
Muchova, Z.; Stredanska, A.
This contribution illustrates the application of methods of erosion threat assessment in lan adaptation projects. Calculations of the soil erosion index of particular soil blocks are demonstrated for the cadastral area of Hajske. Two methods for assessment of erosion threat have been applied. First the assessment based on the ecological soil-quality units (ESQU) has been performed. Next, the Pasak method for a detailed analysis of the soil erosion threat was applied. Both of the mentioned approaches are recommended for the land adaption projects. Based on the results, the soil blocks have been ranked by their soil erosion threat. (authors)
Joneck, M.; Prinz, R.; Schmidt, R.
Within the framework of the Bavarian soil cadastre, 260 soils from 90 sites throughout Bavaria were sampled for organic pollutants between 1986 and mid-1989. From the material class of the polychlorinated biphenyls (PCB), first results were introduced. The PCB total concentrations depend very strongly on soil utilization. Forest sites occupy a special position. The comparison of agricultural and forest soils with regard to pollutant concentrations is possible only with volume specific concentrations and/or a site-specific material balance. (orig.) [de
Full Text Available European Commission funded project entitled: "Support to the mapping and certification capacity of the Agency of Land Management, Geodesy and Cartography" in Tajikistan was run by FINNMAP FM-International and Human Dynamics from Nov. 2006 to June 2011. The Agency of Land Management, Geodesy and Cartography is the state agency responsible for development, implementation, monitoring and evaluation of state policies on land tenure and land management, including the on-going land reform and registration of land use rights. The specific objective was to support and strengthen the professional capacity of the "Fazo" Institute in the field of satellite geodesy, digital photogrammetry, advanced digital satellite image processing of high resolution satellite data and digital cartography. Lectures and on-the-job trainings for the personnel of "Fazo" and Agency in satellite geodesy, digital photogrammetry, cartography and the use of high resolution satellite data for cadastral mapping have been organized. Standards and Quality control system for all data and products have been elaborated and implemented in the production line. Technical expertise and trainings in geodesy, photogrammetry and satellite image processing to the World Bank project "Land Registration and Cadastre System for Sustainable Agriculture" has also been completed in Tajikistan. The new map projection was chosen and the new unclassified geodetic network has been established for all of the country in which all agricultural parcel boundaries are being mapped. IKONOS, QuickBird and WorldView1 panchromatic data have been used for orthophoto generation. Average accuracy of space triangulation of non-standard (long up to 90km satellite images of QuickBird Pan and IKONOS Pan on ICPs: RMSEx = 0.5m and RMSEy = 0.5m have been achieved. Accuracy of digital orthophoto map is RMSExy = 1.0m. More then two and half thousands of digital orthophoto map sheets in the scale of 1:5000 with pixel size 0.5m
The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....
The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...
Full Text Available In the last few years, interest in the collection of data using remotely piloted aircraft systems (RPAS has sharply risen. RPAS technology has a very wide area of use; one of its main advantages is its accuracy, timeliness of data, frequency of collecting data and low operating costs. RPAS can be used for the mapping of small, dangerous and inaccessible areas in contrast with ordinary aerial photogrammetry. In the cadastre of real estates of the Czech Republic, it is possible to map out areas by using aerial photogrammetry, so it has been done in the past. However, this is a relatively expensive and complex technology, and therefore we are looking for new alternatives. An alternative would be to use RPAS technology for data acquisition. The testing of the possibility of using RPAS for the cadastre of real estates of the Czech Republic is the subject of this paper. When evaluating results we compared point coordinates measured by geodetic method, GNSS technology and RPAS technology.
Roč. 11, č. 2 (2010), s. 3-17 ISSN 0300-5402 Institutional research plan: CEZ:AV0Z30860518 Keywords : landscape * Franciscan Cadastre * land use changes Subject RIV: DE - Earth Magnetism, Geodesy, Geography http://web.natur.cuni.cz/ksgrrsek/acta/2010/AUC_2010_45_Dvorak_Landscape_of_Dolni.pdf
A solar roof cadastre provides reliable, independent and neutral information about the suitability of a roof for solar power generation and economic efficiency of solar use. As a part of the pilot project 'SolarFachHessen', the possibility of implementing a solar roof cadastre for the Federal State of Hessen has to be examined. The solar roof cadastre provides investment impetus in order to strengthen the local economy. Municipalities and counties will be supported specifically in the promotion of solar energy. Energy suppliers receive a support for sustainable investment planning.
Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi
The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...
van den Bos, K.; Hulst, Liesbeth
In this paper we discuss some strengths, stumbling blocks, common mistakes, and controversial issues that can be important when conducting experiments in the legal domain. To this end, we first briefly introduce the experimental method and note some of its strengths when used in legal research
for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...
Full Text Available The reason for this research is the opinion of Civilists that Roman law did not make any contribution in the area of lend recording. It is true that during the Roman history registration was not a necessary condition of acquiring ownership, as was the case in the German system of land registers, neither did Roman law contain all the principles of modern land registers. Nevertheless, it cannot be claimed that the modern land registry system is completely original. Elements of modern land registries existed already in Roman times. These were: the cadastres, the public (censor's books and the requirement for written documents in transactions related to immovable property, especially in sales contract. It is not easy to reconstruct the elements of modern land registries in ancient Rome as available sources are in fragments; however there is sufficient basis to claim that modern land registries have their predecessor in Roman law.
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
Full Text Available The provision of ecosystem services by urban trees is not yet routinely integrated in city administrations’ planting scenarios because the quantification of these services is often time-consuming and expensive. Accounting for these welfare functions can enhance life quality for city dwellers. We present innovative approaches that may appeal to the numerous city administrations that keep tree inventory or cadastre databases of all trees growing on city property for civil law liability reasons. Mining these ubiquitous data can be a feasible alternative to field surveys and improve cost–benefit ratios for ecosystem service assessment. We present methods showing how data gaps (in particular tree height and crown light exposure in the cadastre data can be filled to estimate ecosystem services with i-Tree Eco. Furthermore, we used the i-Tree Eco output for a noval approach which focus on predicting energy reduction as a proxy for cooling benefits provided by trees. The results for the total publicly owned and managed street trees in our study site of Duisburg (Germany show that the most important ecosystem services are the removal of particulate matter by 16% of the city emissions and the reduction of 58% of the direct and thermal radiation in the effective range of the trees in the cadastre.
Narcis Eduard MITU; Alia Gabriela DUŢĂ
The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.
depends on the translation strategy chosen. To meet the needs of learners, legal translation dictionaries should be designed as augmented reference tools. Electronic and printed dictionaries should include sections or CD-ROMs with syntactic, translation etc. data as well as exercises and illustrative......Legal translation dictionaries for learners are reference tools that can help users with domain-specific discourse in a foreign language. The most common type is the bilingual law dictionary covering several or all the sub-fields within the general field of law. However, such law dictionaries tend...... strategies. When learners translate legal texts into a foreign language, it is important that their dictionaries can help them produce texts that conform to the expected style. This style requirement may be met by producing translations that use natural and idiomatic language, and really crafted dictionaries...
On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...
Pouliot, J.; Wang, C.; Fuchs, V.; Hubert, F.; Bédard, M.
Based on the hypothesis that 3D cadastral models are helpful for notaries, this study investigates the performance of visual variables for the visualization of 3D models. The approach undertaken uses face-to-face interviews with notaries involved in co-ownership establishment. A 3D geometric model of a complex condominium building is used as the studied case to which a selection of visual variables is applied. Thirty visual solutions are tested against six notarial visualization tasks and notaries are asked several questions. Based on the preliminary responses, we can now say that colour is the visual variable most appreciated by notaries, regardless of the visualization task. The use of transparency is helpful in many cases, more specifically when reading annotation (official measures). However, confusion arises when too extensive geometry of 3D lots is viewed simultaneously, and unnecessary when the geometry of the lots is fully visible. Moving the position of the geometry of a group of lots (by floor for example) looks also promising. Although this interview-based approach is subjective and empirical, it helps us to better consider the end-user's interests and take into consideration their professional opinion and requirements. The 30 visual solutions produced during these first experiments constitute a useful foundation for further analysis.
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....
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
Wyner, A.Z.; Hoekstra, R.J.
The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to
Wyner, A.; Hoekstra, R.
The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to
politicians and in the media, especially in the discussion whether some languages undergo ‘domain loss’ vis-à-vis powerful international languages like English. An objection that has been raised here is that domains, as originally conceived, are parameters of language choice and not properties of languages...... not described in terms of domains, and recent research e.g. about the multilingual communities in the Danish-German border area seems to confirm this....
Kim, Sangmin; Kim, Jeonghyun; Jung, Jaehoon; Heo, Joon
The cadastral system provides land ownership information by registering and representing land boundaries on a map. The current cadastral system in Korea, however, focuses mainly on the management of 2D land-surface boundaries. It is not yet possible to provide efficient or reliable land administration, as this 2D system cannot support or manage land information on 3D properties (including architectures and civil infrastructures) for both above-ground and underground facilities. A geometrical model of the 3D parcel, therefore, is required for registration of 3D properties. This paper, considering the role of the cadastral system, proposes a framework for a 3D underground cadastral system that can register various types of 3D underground properties using indoor mapping for as-built Building Information Modeling (BIM). The implementation consists of four phases: (1) geometric modeling of a real underground infrastructure using terrestrial laser scanning data; (2) implementation of as-built BIM based on geometric modeling results; (3) accuracy assessment for created as-built BIM using reference points acquired by total station; and (4) creation of three types of 3D underground cadastral map to represent underground properties. The experimental results, based on indoor mapping for as-built BIM, show that the proposed framework for a 3D underground cadastral system is able to register the rights, responsibilities, and restrictions corresponding to the 3D underground properties. In this way, clearly identifying the underground physical situation enables more reliable and effective decision-making in all aspects of the national land administration system.
Full Text Available The cadastral system provides land ownership information by registering and representing land boundaries on a map. The current cadastral system in Korea, however, focuses mainly on the management of 2D land-surface boundaries. It is not yet possible to provide efficient or reliable land administration, as this 2D system cannot support or manage land information on 3D properties (including architectures and civil infrastructures for both above-ground and underground facilities. A geometrical model of the 3D parcel, therefore, is required for registration of 3D properties. This paper, considering the role of the cadastral system, proposes a framework for a 3D underground cadastral system that can register various types of 3D underground properties using indoor mapping for as-built Building Information Modeling (BIM. The implementation consists of four phases: (1 geometric modeling of a real underground infrastructure using terrestrial laser scanning data; (2 implementation of as-built BIM based on geometric modeling results; (3 accuracy assessment for created as-built BIM using reference points acquired by total station; and (4 creation of three types of 3D underground cadastral map to represent underground properties. The experimental results, based on indoor mapping for as-built BIM, show that the proposed framework for a 3D underground cadastral system is able to register the rights, responsibilities, and restrictions corresponding to the 3D underground properties. In this way, clearly identifying the underground physical situation enables more reliable and effective decision-making in all aspects of the national land administration system.
Cláudia P. Krueger
Full Text Available The establishment and maintenance of geodetic reference frames which are an essential foundation for all surveys related to land management, GIS and large scale mapping are very expensive. Large countries like Brazil cannot afford a dense, nation-wide control network. Active GPS reference stations provide an alternative concept for reference frames. Because of the high potential of relative carrier phase-based GPS measurements, it is sufficient to tie GPS surveys to the next reference station with precisely known coordinates. The connection to adjacent control monuments is not required as long as network distortions can be either neglected or modelled. Therefore the effort for classical monumented networks can be reduced drastically. For those applications requiring sub decimetre or even centimetre-level accuracy in real time, the working radius of a field station is limited to less than 10 km from the next reference station, especially in the equatorial region. To overcome this unsatisfactory situation, the spatial and temporal correlations of GPS measurement errors introduced by ionosphere, troposphere, and satellite orbit need to be modelled in a real time multi station solution. A concept for such a local GPS reference network covering only densely populated areas or an important economic region has been developed in a collaborative Brazilian-German research project. In the paper, we discuss the set up of a local GPS reference network that was operated in the urban area of Recife during November 2000, and positioning results for control and cadastral surveys are given. The real time multi station solutions yield more precise, more reliable, and much faster results, but are still limited by strong ionospheric anomalies.
Thaysen, Jens Damgaard
This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....
In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise
Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...
A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)
Full Text Available ePlan, as a digital cadastral data initiative, is a collaborative program between the land authorities and the surveying industry which aims to replace paper and PDF cadastral plans and surveys with digital data. ePlan is currently operational in Australia, New Zealand and Singapore. ePlan was introduced in the State of Victoria in 2011 and has been operational in this jurisdiction for 2D plans since 2013. On average, one ePlan application is currently submitted to a digital plan lodgment portal every two weeks. The low uptake of ePlan is caused by several technical and non-technical challenges. This paper provides an overview of cadastral information transitioning from paper to digital in Victoria. The research methodology to identify the challenges in Victoria for the adoption of ePlan is then described. This is followed by a discussion on the identified challenges. The paper then proposes a generic framework of strategic actions to increase the uptake of digital cadastral data based on the lessons learned from Victoria. The initiatives suggested by this framework to address the ePlan challenges in Victoria and increase its uptake are also introduced. The paper concludes with a direction for future research.
Juan Sebastián Izaquita-Orduz
equity of the tax collection process on property in the city of Sogamoso, based on the last cadastral update. Basically, it was established the amount caused by this tax before the last cadastral update and was compared with the actual amount in the same period, as well as the resources used to achieve the collection of each fiscal year. The result of this comparison broadly determined that the level of effectiveness is satisfactory in terms of money but it was not in terms of number of properties, and that the efficiency of the collection process was greatly encouraging. In terms of meters built since last cadastral update, it was established its evolution between each cadastral update. In addition, it was analyzed the social equity component which involves the collection of property tax, and which was an important element in determining the degree of efficiency and effectiveness that was intended to establish. Besides showing the evolution of the collection, this project presents results that will be decisive in action and budget execution plans for the current tax administration in general and for property tax in particular.
Otto, Paul N.; Antón, Annie I.
Laws and regulations are playing an increasingly important role in requirements engineering and systems development. Monitoring systems for requirements and policy compliance has been recognized in the requirements engineering community as a key area for research. Similarly, legal compliance is critical in systems development, especially given that non-compliance can result in both financial and criminal penalties. Working with legal texts can be very challenging, however, because they contain numerous ambiguities, cross-references, domain-specific definitions, and acronyms, and are frequently amended via new statutes, regulations, and case law. Requirements engineers and compliance auditors must be able to identify relevant legal texts, extract requirements and other key concepts, and monitor compliance. This chapter surveys research efforts over the past 50 years in handling legal texts for systems development. This survey can aid requirements engineers and auditors to better specify, test, and monitor systems for compliance.
Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task
Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty
Sokacova, P.; Ofukany, M.
In this paper authors deals with responsibilities of the Geodesy, Cartography and Cadastre Authority of the Slovak Republic in building of information society in the Slovak Republic and in the European Union
Blume, Peter Erik
This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...
Chambliss, William; Scorza, Thomas
Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…
presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...
Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing
On the occasion of the commissioning of the new Vaillant solar collector factory, the senator of commerce of the German town of Gelsenkirchen made a surprising statement. He stated that the city of Gelsenkirchen is establishing a solar roof cadastre on the basis of aerial photographs which will provide information on the applicability of any given roof as a solar roof. The contribution outlines the programme and presents some details. (orig.)
Breuker, J.A.P.J.; Hoekstra, R.J.; Gordon, T.
In this paper we present DIRECT, a system forautomatic discovery of responsibility and causal relations in legal case descriptions based on LRI-Core, a core ontology that covers the main concepts that are common to all legal domains. These domains have a predominant common-sense character - the law
Mirko N. Petrović
Full Text Available Potreba za standardizacijom u oblasti geografskih informacionih sistema odavno postoji. Međunarodne aktivnosti na ovom polju rezultirale su uspostavljanjem ISO 19100 serije standarda, kojima se regulišu različiti aspekti na polju geoinformatike. U članku su opisane mogućnosti primene relevantnih standarda iz serije ISO 19100 u modelovanju georeferenciranih podataka za katastar nepokretnosti. / Introduction Standardization in geo-information technologies contributes to the establishment of efficient information functions, their greater stability and easier transition. Application of international, national and internal standards in the process of developing software products in the field of geo-information technology creates conditions for the development of efficient, low cost, reliable and secure software products. Spatial data modeling basics for real estate cadastre In terms of modeling, the spatial information of real estate cadastre is based on the vector data model which is suitable for modeling objects with a smaller number of properties with emphasis on the position. The vector spatial data model consists of two components: spatial and descriptive. The basis of the spatial one is geometry that contains metric data usually given in coordinates of a reference system. Geometry and Topology uniquely determine the shape, size and position of the object model in space, i.e. they represent its spatial component. Merging the spatial component with the descriptive one results in a completely defined object from the real world. Elements of spatial data quality Spatial data quality can be reviewed through a set of the following elements: origin, positional accuracy, attribute accuracy, completeness, logical consistency, semantic accuracy and the time information. The elements of spatial data quality listed above are provided using ISO 19100 series of standards. Application of ISO19100 series of standards in spatial data modeling for real
This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.
Frederick Schauer; Barbara A. Spellman
Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...
Hertel, Thomas Klitgaard
This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....
Full Text Available 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
Walsh, Simon J
A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.
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)
Pope, Thaddeus Mason
This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.
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.
Giannouli, Vaitsa; Tsolaki, Magda
Legal capacity of the elderly people in Greece is of great legal, medical and social importance, but has received little attention till now from medical literature. This paper aims to study whether elderly people with dementia are able to participate in legal contracts like sales, purchases, loans, leases, donations and testaments. We tried to introduce a new test for the above legal-financial contracts and show some preliminary findings. The test consists of six examined relevant domains concerning basic monetary skills, cash transactions, bank statement management, financial conceptual knowledge, knowledge of potential heirs (beneficiaries) and assets/estate and finally the decision making process for different dilemmas on sales, purchases, loans, leases, donations and testaments. We studied 203 people. Eighty three people were healthy, 64 with Alzheimer's disease (AD) (10 with severe AD, 22 with moderate, and 32 with mild AD), 10 with Parkinson's disease (PD), and 46 with amnestic Mild Cognitive Impairment (aMCI). Individuals were included in the study only if they were aged 60 and over and only if they had a partner or a guardian who could give information on the individual's daily living. The exclusion criteria were predefined as follows: history of any other mental health disease and/or any other serious somatic health disease except for their official diagnosis of dementia. Results showed statistically significant differences with all three groups of patients characterized as incapable for legal-financial actions. Patients with severe AD (PGreece, to confirm and expand our initial findings. In conclusion, our new test which is based on Marson's theoretical model of financial capacity seems to be highly correlated with the so far use of MMSE/HMSE scores, but it gives more specific information that is of interest in the field of civil forensics for characterizing someone as legally (in) capable for large and/or small scale financial acts. Our preliminary
Full Text Available The development of a GIS model that includes both information on real estate cadaster and water supply networks is an efficient one. The paper presents the stages of making such a model, starting from field measurements, to structuring the database and custom layouts. Today’s large volume of data requires information to be centralized into tables that are then attached to graphical entities. In the analysis it was considered that the main components of the real estate cadaster system are the field, the parcel, the owner, and for the water supply network distribution networks, hydrants and manhole. GIS programs aim to specifying properties on custom layouts on structural and functional areas. Autocad and ArcMap software allow you to get themed maps on specific system domains. The study model can be simple to complex and can be generalized for any hydro-urban system (urban localities, rural localities, industrial areas, etc..
Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)
This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy
Taylor, Kelley R.
The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…
This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…
What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...
Guttmacher, Alan F.; And Others
A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…
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.
Núñez Vaquero, Álvaro
This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...
Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).
Anton I. Sobolev
Full Text Available The article deals with the anthroponyms of Balto-Fennic origin of the southeastern Lake Onega region. Focusing on the region’s historical anthroponymy, the author provides an etymological, areal and chronological analysis of the Balto-Fennic personal names, surnames and nicknames as attested in the 15th–16th centuries Russian and Swedish cadastres. The author also analyses typologically relevant data: personal names and deanthroponymic place names known within the large area of distribution of modern and substrate Balto-Fennic toponymy — from Finland to the eastern part of the Russian North. On this basis, the author divides the historical anthroponyms of the southeastern Lake Onega region into three language types: Karelian names, Veps names, and nondifferentiable Balto-Fennic names. The analysis leads to conclude that in the 15th–16th centuries the southeastern Lake Onega area was populated by Veps and Karelians and that the active migration of Karelians to this territory from the northeastern Lake Ladoga region began at the end of the 15th century. The author establishes that in the 15th–16th centuries most of the Balto-Fennic anthroponyms of the region were patronyms of Karelian type derived from Christian calendar personal names, though Russian nicknames and non-calendar personal names were also in use among the Balto-Fennic population. Many of the bearers of those names sought to settle down on the underdeveloped lands for the reason of being landless or dependent, which proves their forced migration from the southeastern Lake Onega region. The reliability of the conclusions made by the author is ensured by the wide use of historical sources relating to the Balto-Fennic peoples’ contemporary and historical habitat, the use of the open databases of contemporary names, as well as by their comparison with the results obtained in earlier studies.
Badke, Lara K.
A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.
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.
Full Text Available Road transport has always played an important role in a country’s growth and, in order to manage road networks and ensure a high standard of road performance (e.g. durability, efficiency and safety, both public and private road inventories have been implemented using databases and Geographical Information Systems. They enable registering and managing significant amounts of different road information, but to date do not focus on 3D road information, data integration and interoperability. In an increasingly complex 3D urban environment, and in the age of smart cities, however, applications including intelligent transport systems, mobility and traffic management, road maintenance and safety require digital data infrastructures to manage road data: thus new inventories based on integrated 3D road models (queryable, updateable and shareable on line are required. This paper outlines the first step towards the implementation of 3D GIS-based road inventories. Focusing on the case study of the “Road Cadastre” (the Italian road inventory as established by law, it investigates current limitations and required improvements, and also compares the required data structure imposed by cadastral legislation with real road users’ needs. The study aims to: a determine whether 3D GIS would improve road cadastre (for better management of data through the complete life-cycle infrastructure projects; b define a conceptual model for a 3D road cadastre for Italy (whose general principles may be extended also to other countries.
Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.
Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.
In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...
Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won
Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.
Belyakov Sergey Igorevich
Full Text Available At the recent time the Moscow authority developed and im-plements a number of programs on city development aimed at raising the living comfort level of the population, advancing the urban development system, improvement of investment climate, etc. The most important role is played by the State program of Moscow “Town-Planning Policy” for 2012—2018. Different indicators are used to assess the efficiency of the programs. At the present time it is reasonable to consider all the processes connected with attraction and application of budget means of different levels, including for programs implementation, in the whole context of transition from the old taxation system where the real estate tax was calculated according to its inventory value to the new system, where the cadastral value of real estate objects is the basis for tax charge. The author considers the prerequisites and justification of the approach to territorial taxable capacity formation, which supposes application of cadastral value of real estate objects as efficiency indicator of city development programs. This indicator reflects a variety of fundamental factors characterizing an objective value of real estate objects and the development level of spatial-territorial environment as a whole.
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...
In this work, we study the possibilities of multimedia management and automatic annotation focused on legal domain. In this field,professionals are used to consume the most part of their time searching and retrieving legal information. For instance, in scenarios as e-discovery and e-learning search and retrieval of the multimedia contents are the basis of the whole applications. In addition, the legal multimedia explosion increases the need of Store these files in a structured form to facilit...
... as well as terms from other subject fields in general dictionaries. This would also satisfy the needs of users. Keywords: Lexicography, information tools, corpora, corpus lexicography, culture-dependent domains, knowledge, lemmatization, legal language, dictionary functions, communicative functions, decoding, encoding ...
This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage
T du Plessis
Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.
Z. Gonul BALKIR
Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal
Full Text Available Internet domains have become an integral part of our lives, so one can easily understand that during their use, conflicts can arise, whose participants will search for rules enabling resolution of conflicts. Since the domain name is a replacement of the computer IP address, in the technical sense of the word, this does not concern for domain names a commercial name or brand, because it primarily does not belong to a person in the legal sense of the word and does not serve for its individualization. The average user regularly affiliates domain names with a person offering goods or services on the relevant Website. Domain names used by entrepreneurs in their business activity are often chosen so that the second-level domain (SLD would use words that form the trade name of corporations formed of trading companies. This fact brings domain names close to such designations that serve the individualization of persons or products, especially the trademarks and the commercial name. Domains can come into conflict with the rights to designations, especially trademarks and commercial names. Court practice is resolving these conflicts using rules for unfair competition, or rules for protection of commercial names and trademarks, but it is not ruled out that in the future, special legal regulation of domain names could be established.
Schraefel, M. C.; Rouncefield, Mark; Kellogg, Wendy
In CSCW, how much do we need to know about another domain/culture before we observe, intersect and intervene with designs. What optimally would that other culture need to know about us? Is this a “how long is a piece of string” question, or an inquiry where we can consider a variety of contexts a...
Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni
A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.
Alderson, C.J.; Hogg, P.
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
This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...
Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund
This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....
Van Oosterom, P.J.M.; Stoter, J.E.; Ploeger, H.D.; Lemmen, C.; Thompson, R.; Karki, S.
Valuation of real estate/ properties is in many countries/ cities the basis for fair taxation. The value depends on many aspects, including the physical real world aspects (geometries, material of object as build) and legal/virtual aspects (rights, restrictions, responsibilities, zoning/development
data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...
Hjorth, Theis Solberg; Torbensen, Rune
In the digital age of home automation and with the proliferation of mobile Internet access, the intelligent home and its devices should be accessible at any time from anywhere. There are many challenges such as security, privacy, ease of configuration, incompatible legacy devices, a wealth...... of wireless standards, limited resources of embedded systems, etc. Taking these challenges into account, we present a Trusted Domain home automation platform, which dynamically and securely connects heterogeneous networks of Short-Range Wireless devices via simple non-expert user. interactions, and allows...... remote access via IP-based devices such as smartphones. The Trusted Domain platform fits existing legacy technologies by managing their interoperability and access controls, and it seeks to avoid the security issues of relying on third-party servers outside the home. It is a distributed system...
Raisler, K.M.; Gregory, A.M.
This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered
Ovidiu – Horia Maican
Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.
Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України
In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...
Cellular Phone Towers, File name = CELLTOWERS Contains point file of cell towers and an inclomplete poly cadastral layer of properties with cell towers. http://www.harfordcountymd.gov/gis/Index.cfm, Published in 2011, 1:1200 (1in=100ft) scale, Harford County Government.
NSGIC Local Govt | GIS Inventory — Cellular Phone Towers dataset current as of 2011. File name = CELLTOWERS Contains point file of cell towers and an inclomplete poly cadastral layer of properties...
Alexander А. Benediktov
Full Text Available For the territory of Samarskaya Luka, at the village Bakhilova Polyana (I.I. Sprygin Zhiguli State Natural Biosphere Reserve, 25 species of Orthoptera were found in mid-July 2016. These species were identified basically by the analysis of male acoustic signals. This is 44% of the total species composition of Samarskaya Luka Orthoptera, specified in the Cadastre of invertebrates of Samarskaya Luka. The specimens belonging to the grasshopper Platychleis albopunctata (= P. intermedia auct. are clarified. The cricket Melanogryllus desertus and the locust Chorthippus dorsatus were found for the first time in the Samarskaya Luka. The species composition of the cryptic taxa of the «Chorthippus biguttulus group» of the Middle Volga region is discussed. Based on the unstable amplitude-time structure of the signals of the supposed Ch. biguttulus males from Malaya Bahilova Mountain, it is assumed that they may have a hybrid origin.
Carvalho, Helena Paula
Full Text Available This paper focuses the organization of the rural landscape around the Roman town of Bracara Augusta and the identification of a Roman cadastre, perfectly adapted to the relief and to the main hydrographical network of the region. This cadastre is organized in modules of 20 by 20 actus with a predominant orientation of 16º NNW, what may be inferred by the clear intersection of some important axes. We have also detected two cippi with a cross engraved on their upper face, separated by 20 actus, probably connected with limits or termini.Este trabajo tiene como objetivo presentar algunos de los resultados del estudio sobre el poblamiento y la organizacion del paisaje rural en torno a la ciudad romana de Bracara Augusta. La existencia de un cadastro romano con una orientación dominante de 16º NNO y una modulación de 20x20 actus, se confirma gracias a la documentación de algunos elementos de delimitación, de los que podemos destacar dos cipos con una distancia entre sí de 20 actus. [pt] Este artigo propõe-se apresentar os resultados do estudo do povoamento e da organização da paisagem em torno da cidade romana de Bracara Augusta. Este objectivo orienta-se, mais especificamente, para os dados relativos à identificação de um cadastro romano perfeitamente adaptado às formas estruturantes do relevo e da rede hidrográfica. Este cadastro possui uma orientação de cerca de 16º NNO com uma modulação de 20x20 actus, e encontra-se confirmado por alguns elementos demarcatórios, nomeadamente dois cipos que possuem entre si 20 actus de distância.
Gribnau, J.L.M.; Soeteman, A.
Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,
What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.
This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...
... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...
... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...
Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)
The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...
Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...
Abat Ninet, Antoni
The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...
Harland, Derek; Palmer, Sam; Saemann, Christian
Recently a Nahm transform has been discovered for magnetic bags, which are conjectured to arise in the large n limit of magnetic monopoles with charge n. We interpret these ideas using string theory and present some partial proofs of this conjecture. We then extend the notion of bags and their Nahm transform to higher gauge theories and arbitrary domains. Bags in four dimensions conjecturally describe the large n limit of n self-dual strings. We show that the corresponding Basu-Harvey equatio...
Wetherall, Anthony; Robin, Isabelle
The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice
Feteris, E.; Kloosterhuis, H.
In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary
This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)
This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage
A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.
Full Text Available Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS to support parents in drafting an agreement (the parenting plan for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains.
Monica Adriana LUPAȘCU
Full Text Available This study tries to highlight the necessity of an awareness of the right of access to the public domain, particularly using the example of works whose protection period has expired, as well as the ones which the law considers to be excluded from protection. Such works are used not only by large libraries from around the world, but also by rights holders, via different means of use, including incorporations into original works or adaptations. However, the reuse that follows these uses often only remains at the level of concept, as the notion of the public’s right of access to public domain works is not substantiated, nor is the notion of the correct or legal use of such works.
Actual legal questions and problems of the free access to information, especially in the environmental protection; Aktuelle Rechtsfragen und Probleme des freien Informationszugangs, insbesondere im Umweltschutz
Schroeder, Meinhard (ed.)
Within the 26th Trier colloquium on the law governing environmental protection and technology at 5th to 7th September, 2010 in Trier (Federal Republic of Germany), the following lectures were held: (1) The environmental law in the light of federalism and Europeanization (Hans-Juergen Papier); (2) Information rights in the EU (Astrid Epiney); (3) Environmental policy by freedom of information (Friedrich Schoch); (4) The legal framework for the opening of the access to information as well as the appearance of accessible information under special consideration of the environmental information Directive 2003/4/EG and its implementation in the German Law (Joern Axel Kaemmerer); (5) The utilization of electronic media: REACh data bases, publication of authorizing procedures in the Internet and geo data mediation such as google maps (Indra Spiecker); (6) Protection position of companies in the right of access to information. The protection of business secrets and commercial confidentialities as well as application dossiers in the European and German law (Matthias Rossi); (7) Limited protection of business secrets and commercial confidentialities as a part of genetic engineering legal approval procedures (Hartwig Stiebler); (8) The NRW pipeline cadastre (Alexander Schink); (9) Legal protection by European and national courts under consideration of the European Ombudsman in his function in securing the access of information (Sabine Schlacke).
Full Text Available Legal Metrology’s requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408. We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology’s requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany’s Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID are incorporated. A verification approach to check for meeting Legal Metrology’s requirements by their interpretation through Common Criteria’s generic requirements is also presented.
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.
Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.
Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen
This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.
Klenk, Matthew; Forbus, Ken
.... This work describes a method for learning new domain theories by analogy. We use analogies between pairs of problems and worked solutions to create a domain mapping between a familiar and a new domain...
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...
Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to
І. M. Alieksieieva
Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts
Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...
Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.
. The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...
João Maurício Adeodato
Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.
Ramírez García, Hugo Saúl
This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.
Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.
General Services Administration — This dataset offers the list of all .gov domains, including state, local, and tribal .gov domains. It does not include .mil domains, or other federal domains outside...
Rodica Diana APAN
Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.
Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.
Halim, N. Z. A.; Sulaiman, S. A.; Talib, K.; Yusof, O. M.; Wazir, M. A. M.; Adimin, M. K.
This paper explains the process carried out in identifying the significant role of NDCDB in Malaysia specifically in the land-based analysis. The research was initially a part of a larger research exercise to identify the significance of NDCDB from the legal, technical, role and land-based analysis perspectives. The research methodology of applying the Delphi technique is substantially discussed in this paper. A heterogeneous panel of 14 experts was created to determine the importance of NDCDB from the role standpoint. Seven statements pertaining the significant role of NDCDB in Malaysia and land-based analysis were established after three rounds of consensus building. The agreed statements provided a clear definition to describe the important role of NDCDB in Malaysia and for land-based analysis, which was limitedly studied that lead to unclear perception to the general public and even the geospatial community. The connection of the statements with disaster management is discussed concisely at the end of the research.
Berlingher Remus Daniel
Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.
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
The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)
Patrícia Verônica Nunes Carvalho Sobral
Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor of law schools; The educational legislation Questions of legal education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences about the teaching of law, the methodological approach and the didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.
Full Text Available The cadastral districts of Stredné Plachtince and Horné Plachtince are situated in the southern part of the Krupinská Planina Mts. in the Carpathian Mts. and about one-third of both the districts is made up of traditional agricultural landscape. Sweet chestnut finds here suitable natural conditions for its growth. The article focuses on the chestnut biocultural value assessment in the given traditional landscape type. Firstly, the field survey concerning chestnuts and old stables identification and positioning was done. Secondly, the data were processed by the geospatial analysis tools in QGIS aiming at the evaluation of chestnuts and old stables spatial distribution in the study area. Thirdly, the chestnut biocultural value was assessed and the modification of current boundary of the given landscape type was proposed. Chestnuts most frequently occurred in the extensively used CLC patches with pastures and heterogeneous agricultural areas - “Land principally occupied by agriculture with significant areas of natural vegetation”, in parallel coinciding with HNV farmlands and habitats of European importance and with local occurrence of the protected bat species. Chestnuts found in the vicinity of old stables partially confirmed their specific function in cattle breading in the past. We can conclude that sweet chestnut supports the value of the traditional landscape type of “pastoral land with meadows” and its current area could be extended correspondingly to our results.
An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)
textabstract“The language – and therefore also to some large degree the practice – of morality today is in great disorder,”1 Alasdair MacIntyre writes, and as long as our moral world is diverse and pluralistic, the confusion will not be easily overcome. Indeed, the legal world is daily confronted
Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...
Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær
Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements....
N. Z. A. Halim
Full Text Available This paper explains the process carried out in identifying the significant role of NDCDB in Malaysia specifically in the land-based analysis. The research was initially a part of a larger research exercise to identify the significance of NDCDB from the legal, technical, role and land-based analysis perspectives. The research methodology of applying the Delphi technique is substantially discussed in this paper. A heterogeneous panel of 14 experts was created to determine the importance of NDCDB from the role standpoint. Seven statements pertaining the significant role of NDCDB in Malaysia and land-based analysis were established after three rounds of consensus building. The agreed statements provided a clear definition to describe the important role of NDCDB in Malaysia and for land-based analysis, which was limitedly studied that lead to unclear perception to the general public and even the geospatial community. The connection of the statements with disaster management is discussed concisely at the end of the research.
Sloat, Robert S.
Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)
Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery
Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.
In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,
Nowadays geriatric rehabilitation is recognized as a matter of social law performance. Nevertheless there are very small chances to realize corresponding legal claims in view of the infra-structural deficits. This subscription works out the claims of social law for geriatric rehabilitation, names questions of delineation between illness, prevention and care indigence and discusses problems of geriatric rehabilitant institutions and services.
National School Boards Association, Alexandria, VA. Council of School Attorneys.
In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…
Clearwater, S.W.; Scanlon, J.M.
Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations
Based on harsh criticism of legal education by students, offers suggestions for improvement that do not require additional time for law studies, will increase the exposure of students both to law as practice and to law as an intellectual discipline, and involve no greater burden on law schools. A main suggestion involves elimination of teaching…
Macdonald, R. St. J.
Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)
Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"
Babín Vich, Francisco de Asís
The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.
Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)
Lisett D. Páez Cuba
Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.
T du Plessis
Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.
Full Text Available Science has advanced in part because data and scientific methodologies have traditionally not been subject to intellectual property protection. In recent years, intellectual property has played a greater role in scientific work. While intellectual property rights may have a positive role to play in some fields of science, so does the public domain. This paper will discuss some of the positive functions of the public domain and ways in which certain legal developments may negatively impact the public domain. It suggests some steps that scientists can take to preserve the positive functions of the public domain for science.
Soones, Tacara; Ahalt, Cyrus; Garrigues, Sarah; Faigman, David; Williams, Brie A
With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges. © Published
Yzermans, Maria; van Blom, C.L.; Broers, E.J.M.F.C.
The instructions classical rhetoric gives for the use of emotional means of persuasion still prove to be useful in modern professional legal practice, albeit that they need to be adapted to modern psychological concepts and current legal practice.
Claudiu Ramon D. Butculescu
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.
99 Legal Regulation of the Commercial Register Summary In my master diploma thesis, I describe legal regulation of the Commercial Register. This legal institution serves for the registration of entrepreneurs (both legal entities and natural persons - entrepreneurs) and is very important for free market economy. For these reasons, it is supposed to be one of the substantial topics in the field of contemporary Commercial Law. I chose this particular theme because I am interested in the Commerci...
Elena Codruta BADEA
In the last two decades, legal English has attracted increasing interest and awareness, especially because English is predominantly the language of international legal practice. Legal English must be seen in the overall context of English for Specific Purposes , as it shares the important elements of need analysis, syllabus design, course design, and materials selection and development which are common to all fields of work in ESP. As with other varieties of ESP, Legal English implies the def...
Claudiu Ramon D. Butculescu
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...
A consideration of the diversity and fragmentation which characterise contemporary legal practice with particular reference to the situation in the North West of England. Article by Professor David Sugarman, Director, Centre for Law and Society, Lancaster University Law School - published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
Full Text Available The present study seeks to understand the determinants of land agricultural suitability in Malta before heavy mechanization. A GIS-based Logistic Regression model is built on the basis of the data from mid-1800s cadastral maps (cabreo. This is the first time that such data are being used for the purpose of building a predictive model. The maps record the agricultural quality of parcels (ranging from good to lowest, which is represented by different colours. The study treats the agricultural quality as a depended variable with two levels: optimal (corresponding to the good class vs. non-optimal quality (mediocre, bad, low, and lowest classes. Seventeen predictors are isolated on the basis of literature review and data availability. Logistic Regression is used to isolate the predictors that can be considered determinants of the agricultural quality. Our model has an optimal discriminatory power (AUC: 0.92. The positive effect on land agricultural quality of the following predictors is considered and discussed: sine of the aspect (odds ratio 1.42, coast distance (2.46, Brown Rendzinas (2.31, Carbonate Raw (2.62 and Xerorendzinas (9.23 soils, distance to minor roads (4.88. Predictors resulting having a negative effect are: terrain elevation (0.96, slope (0.97, distance to the nearest geological fault lines (0.09, Terra Rossa soil (0.46, distance to secondary roads (0.19 and footpaths (0.41. The model isolates a host of topographic and cultural variables, the latter related to human mobility and landscape accessibility, which differentially contributed to the agricultural suitability, providing the bases for the creation of the fragmented and extremely variegated agricultural landscape that is the hallmark of the Maltese Islands. Our findings are also useful to suggest new questions that may be posed to the more meagre evidence from earlier periods.
Alberti, Gianmarco; Grima, Reuben; Vella, Nicholas C
The present study seeks to understand the determinants of land agricultural suitability in Malta before heavy mechanization. A GIS-based Logistic Regression model is built on the basis of the data from mid-1800s cadastral maps (cabreo). This is the first time that such data are being used for the purpose of building a predictive model. The maps record the agricultural quality of parcels (ranging from good to lowest), which is represented by different colours. The study treats the agricultural quality as a depended variable with two levels: optimal (corresponding to the good class) vs. non-optimal quality (mediocre, bad, low, and lowest classes). Seventeen predictors are isolated on the basis of literature review and data availability. Logistic Regression is used to isolate the predictors that can be considered determinants of the agricultural quality. Our model has an optimal discriminatory power (AUC: 0.92). The positive effect on land agricultural quality of the following predictors is considered and discussed: sine of the aspect (odds ratio 1.42), coast distance (2.46), Brown Rendzinas (2.31), Carbonate Raw (2.62) and Xerorendzinas (9.23) soils, distance to minor roads (4.88). Predictors resulting having a negative effect are: terrain elevation (0.96), slope (0.97), distance to the nearest geological fault lines (0.09), Terra Rossa soil (0.46), distance to secondary roads (0.19) and footpaths (0.41). The model isolates a host of topographic and cultural variables, the latter related to human mobility and landscape accessibility, which differentially contributed to the agricultural suitability, providing the bases for the creation of the fragmented and extremely variegated agricultural landscape that is the hallmark of the Maltese Islands. Our findings are also useful to suggest new questions that may be posed to the more meagre evidence from earlier periods.
Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D
the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best......Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs...
Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A
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.
Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.
J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)
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
Serebrennikova, Anna; Mashkova, Yekaterina
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…
Boer, A.; van Engers, T.
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,
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...
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…
... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of...
The Legal Counsel works with, and provides legal and strategic advice to, staff throughout the Centre, at all levels. The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on corporate governance matters.
M. Bodig (Matyas)
textabstractThe paper offers a legal theoretical analysis of the disciplinary character of the contemporary practice of legal scholarship. It is assumed that the challenges of interdisciplinary engagement are particularly revealing about the nature of legal scholarship. The paper argues for an
Oswald, Ramona Faith; Kuvalanka, Katherine A.
In this article, the authors present a typology for organizing our current knowledge regarding same-sex couples in the United States who have and have not established legal ties between partners. This framework is complemented by a discussion of key rulings that define what is legally possible as well as the introduction of "legal consciousness,"…
In this paper the thesis is argued that there is no need for a special legal logic to deal with the defeasibility of legal arguments. An important argument for this thesis is that legal judgements ask for a complete justification and that such a complete justification requires a deductively valid
Andrey Valeryevich Skorobogatov
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
... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...
The incumbent provides first-level management of the legal operations in the Office of the Secretary and General Counsel, with particular emphasis on supporting the lawyers, monitoring and coordinating the flow of legal information and workload, conducting basic research including through the use of legal databases, and ...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims filed under this subpart shall be forwarded to the legal division of the bureau or office out of whose...
... 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...
Lee, W T; Salje, E K H; Bismayer, U
A number of experimental and computational studies of materials have shown that transport rates in domain walls may significantly differ from those in the bulk. One possible explanation for enhanced transport in a domain wall is that the domain wall is elastically soft with respect to the bulk. We investigate the softening of a ferroelastic domain wall in a simple, generic model. We calculate saddle point energies of solute atoms in the bulk and domain wall, using a geometry such that variation in the saddle point energy cannot be attributed to the structural differences of the bulk and the wall, but must instead be attributed to softening of the wall. Our results show a reduction of the saddle point energy in the wall, thus indicating that, in this model at least, domain walls are elastically soft compared with the bulk. A simple analysis based on an Einstein model allows us to explain the observed softening of the wall
Oye, K; Baird, L G; Chia, A; Hocking, S; Hutt, P B; Lee, D; Norwalk, L; Salvatore, V
In April 2012, MIT's Center for Biomedical Innovation and the European Medicines Agency (EMA) cosponsored a workshop on legal foundations of adaptive pharmaceuticals licensing. Past and present attorneys from the US Food and Drug Administration (FDA), the EMA, and Health Sciences Agency Singapore (HSA) found that existing statutes provided authority for adaptive licensing (AL). By contrast, an attorney from Health Canada identified gaps in authority. Reimbursement during initial phases of adaptive approaches to licensing was deemed consistent with existing statutes in all jurisdictions.
This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.
This is because the discounts and rebates offered in the past to some resulted in higher prices for others. But on average, however, prices should drop slightly because the. SEPs are based on figures from last year. DISPENSING FEES. The new law on dispensing fees only comes into effect on. 2 August 2004. Until then ...
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.
Herti Yunita Putri
Full Text Available In cyber world we often hear about domain name’s term. Domain name is a unique name to identify the server computer’s name like a web server or email server on a computer network or Internet. Passing off also make causes confusion in using merk from a famous brand or merk on the goods and services. Selected domain name in the internet media often creates the similar domain name with the other parties. This similar domain name are often used by people who are not responsible to take advantages of the domain name for themself. This can be caused by the presence of competition from Internet media business. This things called passing off. This research is a normative juridical research with a qualitative analysis. The legal materials include primary legal, secondary law and tertiary legal materials. Collection technique applied is literary study. Legal materials were analyzed to see the argument implementation of the definition of merk, the definition of domain name, definition of passing off, passing off in use related by merk and domain name and the rules of law in Indonesia related by merk, domain name and passing off. Big wishes in the future it can assist as a basic reference and legal considerations which are useful in Indonesian law practice. There are two passing off related to the merk and domain name, called Crybersquatting and Tiposquatting. Domain name rules are not regulated clearly in merk regulation named Act No. 15 of 2001. It regulated in PP 24 Year 1993 about The Class List of Goods or Services In Merk, Telecommunications are included in the goods or services in merk. Domain name are regulated in UDRP (Uniform Dispute Resolution Policy with competent institutions called ICANN (Internet Corporation for Assigned Names and Numbers. Dalam dunia maya (cyber world, kita sering mendengar istilah domain name. Domain name adalah nama unik yang diberikan untuk mengidentifikasi nama server komputer seperti web server atau email server di
The article outlines archival sources for legal biography held at the Institute of Advanced Legal Studies, focussing on primary sources of information on individuals, including the Law Society and Bar Examination results. It also summarises additional sources which provide biographical information on legal practitioners and scholars eg. the archives of The Society of Legal Scholars and the Council of Legal Education, IALS institutional archives, The Bar Council, The International Law Associat...
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.
Munthe, Christian; Nielsen, Morten Ebbe Juul
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......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...
This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which
Sullivan, G.; de Goede, M.
Security measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are
Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.
Full Text Available Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward “rating” and “feedback” has made this doctor–patient relationship, a consumer–service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Jayalakshmi, Sita; Vooturi, Sudhindra
Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward "rating" and "feedback" has made this doctor-patient relationship, a consumer-service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation) processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Full Text Available The importance of prevention in the fight against corruption is indisputable. However, prevention is effective and sustainable if it works, meaning that tools and strategies that are fit to achieve this goal need to be identified. The regulation of persons who give integrity warnings (whistleblowers and, in this context, their legal protection are part of efforts to identify such instruments. The present study reveals aspects of the evolution of regulation for those who give integrity warnings in Romania and the world in an attempt to identify solutions for this instrument itself to become effective in preventing corruption.
The aim of this paper is to shed new light on a central, yet much misunderstood source from the initial stage in the process of the codification of Danish law. On the literal level, the Lex castrensis, written in the 1180s, represents a description of changes in the internal jurisdiction...... of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...
Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.
Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...
Kierski, W S
Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.
Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...
Malheiros, T.M.M.; Knoefell, T.M.J.
The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt
Cloney, T J
This article discusses legal characteristics of derivatives that a not-for-profit health care company may use in a conduit financing in which a governmental issuer issues bonds for the benefit of a health care company. This article also presents the Master Agreement promulgated by the International Swaps and Derivatives Association; discusses how to get out of a derivative; discusses the status of a derivative after insolvency of a counterparty; presents disclosure issues relating to documents prepared in connection with an issue of bonds; and describes the treatment of derivatives under commodities regulations. It concludes with a presentation of possible new regulations applying to derivatives.
Doctors want to save lives and promote health. But their patients have the right to decide for themselves about what doctors do with them, and they are free to refuse treatment, even if it is unreasonable from a medical perspective. The law acknowledges this freedom even if a patient is incapable of responsible self-determination as a result of (mental) illness. Treatment contrary to the patient's declared intention will be allowed only under specific, narrow circumstances. These requirements must be legally established in a clear and precise manner. © Georg Thieme Verlag KG Stuttgart · New York.
Widrig, Daniel; Tag, Brigitte
Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.
Paul, Simone; Smith, Peter K; Blumberg, Herbert H
In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.
Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.
The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.
Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.
Lorang, Melissa R; McNiel, Dale E; Binder, Renée L
Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. © 2016 American Academy of Psychiatry and the Law.
Bologne, il est possible de créer un cadastre des terrains parcourus par le feu sur la base du Plan Régional de prévision, de prévention et de lutte active contre les incendies des forêts aux termes de la loi n° 353/2000 entre 2007 et 2011.
Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan
Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.
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.
Lyudmila V. Butko
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.
Ivan Anatol’yevich Bliznets
Full Text Available The spread of disruptive technology in the digital era is the ruling condition of modern sustainable development. The authors proceed from the fact that legal tools for the creation and use, protection of advanced technologies provide the technology transfer process from the owner to interested parties for further practical, commercial application or further improvement. The article analyzes the legal positions of the concept of technology, legal ways to use modern technologies, stages of their implementation and practical application. In the innovation process legal mechanism in combination with the modern means of innovative development stimulates the creation and transfer of new technologies and at the same time it is a key factor for sustainable development in the context of modern digital technology revolution. In the modern digital revolution, the technology transfer acquires new features and ways for the dissemination of technical innovation, which creates new challenges for legal theory and practice, and legal tools should meet the challenges of the time.
Seo-Young Cho; Axel Dreher; Eric Neumayer
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...
This paper investigates whether inherited legacies such as legal origin allow of explaining deforestation in 110 developed and developing countries. The hypothesis is that differences in deforestation between countries can be attributed to their legal systems. Also, since nearly all common law countries are former English colonies, and nearly all civil law countries were colonized by France, Spain or Portugal, legal origin and colonial history are strongly correlated, so that one can not attr...
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.
Gerdts, Caitlin; DePi?eres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene
Background Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. Methods In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic ...
Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio
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...
Tsai, Jack; Jenkins, Darlene; Lawton, Ellen
To examine civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. We surveyed a national sample of 48 homeless service sites across 26 states in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90% of the homeless service sites reported that their patients experienced at least 1 civil legal issue, particularly around housing, employment, health insurance, and disability benefits. However, only half of all sites reported screening patients for civil legal issues, and only 10% had a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and developing medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care.
Kushwah, Shivpal Singh
Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.
Full Text Available The paper proposes a targeted model for translating legal texts, developed by the author by combining translation science (i.e. functionalist approaches with the findings of comparative law and legal linguistics. It consists of ten guidelines directing the translator from defining the intended function of the target text and selecting the corresponding translation type, through comparing the legal systems involved in the translation and analysing the memetic structure of the source text and parallel texts in the target culture to designing the target text as a cultureme and ensuring its legal security.
Larsen, Sara Tangmose; Lynnerup, Niels
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....
А. А. Kablukov
Full Text Available Legal training of medical workers is an urgent problem that must be solved in order to improve the comprehensive process of teaching students at the Ukrainian medical schools. An example of implementation the initial stage of legal training for medical students based on existing training programs, within existing departments is described in this article. The acquisition of the primary skills for students in fi nding and selecting the legal documents and the ability to navigate skillfully in the chosen material is the result of the introduction of legal content information systemsinto the studying curriculum.
Munthe, Christian; Nielsen, Morten Ebbe Juul
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.
Trevino, Roberto A; Richard, Alan J
Research shows that support for legalization of drugs varies significantly among different sociodemographic and political groups. Yet there is little research examining the degree of support for legalization of drugs among drug users. This paper examines how frequency and type of drug use affect the support for legalization of drugs after adjusting for the effects of political affiliation and sociodemographic characteristics. A sample of 188 drug users and non-drug users were asked whether they would support the legalization of marijuana, cocaine, and heroin. Respondents reported their use of marijuana, crack, cocaine, heroin, speedball, and/or methamphetamines during the previous 30 days. Support for legalization of drugs was analyzed by estimating three separate logistic regressions. The results showed that the support for the legalization of drugs depended on the definition of "drug user" and the type of drug. In general, however, the results showed that marijuana users were more likely to support legalizing marijuana, but they were less likely to support the legalization of cocaine and heroin. On the other hand, users of crack, cocaine, heroin, speedball, and/or methamphetamines were more likely to support legalizing all drugs including cocaine and heroin.
The thesis deals with the legal aspects of Internet advertising. The main aim of this thesis is to define a legal code corresponding to this issue and to compare with the laws in Russia. The aim also is specify the efficiency of this legal aspects and review sufficiency of protection of consumers. Further explain the issue of spamming, find out its benefits to the retailer and negative aspects for consumers, and also to compare legal aspects of spamming with legislation in Russia.i
This U.S. contribution to the syllabus for Subgroup 5C treats with environmental and ecological aspects specific to fast breeder reactors, physical protection and safeguarding of the FBR cycle, fuel cycle centers (site selection problems for different degrees of collocation) and administrative and legal problems. Decommissioning of an FBR power plant, syllabus item C.1.7, is treated in separate contribution, more information on advanced safeguards for the fast breeder fyel cycle is contained in the contribution, USA WG 5C-tbd. A key conclusion of this is that with safeguards planning initiated early in the development of the FBR fuel cycle, time is available to develop, evaluate, and implement improved safeguards techniques and incorporate them into the design phase of all FBR cycle facilities
Brakel, S J
Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.
Pacula, Rosalie Liccardo; Smart, Rosanna
State-level marijuana liberalization policies have been evolving for the past five decades, and yet the overall scientific evidence of the impact of these policies is widely believed to be inconclusive. In this review we summarize some of the key limitations of the studies evaluating the effects of decriminalization and medical marijuana laws on marijuana use, highlighting their inconsistencies in terms of the heterogeneity of policies, the timing of the evaluations, and the measures of use being considered. We suggest that the heterogeneity in the responsiveness of different populations to particular laws is important for interpreting the mixed findings from the literature, and we highlight the limitations of the existing literature in providing clear insights into the probable effects of marijuana legalization.
Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.
Full Text Available The article focuses on the issue of agricultural soil sealing in the Dolní Věstonice and Modřice cadastres (South Moravian Region. Available data and map resources were used for this purpose (historical and up-to-date. Data was processed using manual digitalisation which helped to generate the needed map output. The decrease in area of agricultural land is analysed in individual periods starting in the year 1824 (source of data stable cadastre - the first half of the 19th century until the present, and the sealing of different types of plots and soil kinds is assessed according to Evaluated Soil-Ecological Units (ESEU. In most cases, agricultural land sealing is associated with municipal expansion. To compare future development, potential (forthcoming agricultural land sealing proposed within the valid landscape plans was also explored. Likewise, the overall price of sealed plots in both locations was calculated. The results show that there was a significant change in the use of both model territories between 1824 and the present. In Modřice, the area of the built-up area was changed from 16 ha (1824 to 409 ha (2016. The area of the site has expanded from 90% to agricultural land. The most significant change in this area is the development of builtup areas on agricultural land. In the model territory of Dolní Věstonice, the area of the built-up area increased from 16 ha (1824 to 48 ha (2016. The area of the site has expanded from 70% to agricultural land. Due to the construction of water reservoirs “Nové Mlýny”, the area of water bodies increased by 569 ha (during the period 1824- 2016. The water reservoirs occupy 65% of the cadastral area of Dolní Věstonice. The most significant change in landscape is the increase in water areas in Dolní Věstonice. Should this trend persist, an extensive reduction in agricultural soil and ensuing problems associated with sustainable agriculture, potentially also deficient food resources must be
Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg. South Africa has a strong legal framework that offers a high level of .... medical practitioners preformed the transplant without confirming the HIV status of the donor. A claim for damages is pending ...
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…
Anichkin, Eugene S.
The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…
Doležal, Adam; Doležal, Tomáš
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
Palali, Ali; van Ours, Jan
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
Palali, A. (Ali); J.C. van Ours (Jan)
textabstractWe 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
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...
Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...
Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.
This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the
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
Full Text Available the article describes different approaches in definition of transnational corporation’s legal personality. The reviewed approaches have become available for the last fifty years and they contain completely opposite views on the legal personality of TNC. The methods of analyze, synthesis, ranging have been used during preparation of this article.
Timmer, Sjoerd; Prakken, Hendrik; Meyer, John-Jules Charles; Renooij, Silja; Verheij, Bart
Recent developments in the forensic sciences have confronted the field of legal reasoning with the new challenge of reasoning under uncertainty. Forensic results come with uncertainty and are described in terms of likelihood ratios and random match probabilities. The legal field is unfamiliar with
: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....
L. J. Du Plessis
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.
Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.
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…
Hawley, Richard A.
History reveals that drug legalization accelerates new use and contributes to a larger population of chronic users. When states energetically enforce antidrug laws and policies, illegal drug use is reduced and eliminated. Drug use is incompatible with healthy child development and learning. Legalizing drugs is the shallowest response to the…
Gasaway, Laura N.
Copyright and other intellectual property issues have dominated discussions of legal issues surrounding the Internet. There are other issues of considerable importance that also attract attention. Five legal issues affecting the Internet are addressed: copyright, online service-provider liability, database protection, obscenity, and privacy. Cited…
This article deals with the project on legal terminology in the African languages. It focuses on terminology aspects relating to the coining of terms for the legal profession. Terminology development in South Africa has been hampered by a number of sociolinguistic factors. During recent years South Africa has seen ...
Holtermann, Jakob v. H.; Madsen, Mikael Rask
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...
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)
Sellers, Mortimer; Sellers, Mortimer
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...
... 21 Food and Drugs 2 2010-04-01 2010-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis...
... 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...
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT STATEMENTS OF GENERAL POLICY OR INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or...
However, its application in legal research could pose specific challenges to researchers and could impact on crucial aspects of .... electronic media channels. Rather, they emphasise that legal research ..... to the changing information environment and to exercise control over the digital tools and resources. This involves ...
and researchers. CURRENT E-GOVERNMENT. REGULATORY ELEMENTS. In an attempt to regulate the e-Government and. ICT related initiatives the Ethiopian government has been engaged in producing some regulatory and legal documents. These legal document include: e-Signature law, e-Commerce law, data.
Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...
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…
Concurrent computation can be given an abstract mathematical treatment very similar to that provided for sequential computation by domain theory and denotational semantics of Scott and Strachey. A simple domain theory for concurrency is presented. Based on a categorical model of linear logic and ...... towards more expressive languages than HOPLA and Affine HOPLA—in particular concerning extensions to cover independence models. The thesis concludes with a discussion of related work towards a fully fledged domain theory for concurrency....
Domain adaptation is a fundamental learning problem where one wishes to use labeled data from one or several source domains to learn a hypothesis performing well on a different, yet related, domain for which no labeled data is available. This generalization across domains is a very significant challenge for many machine learning applications and arises in a variety of natural settings, including NLP tasks (document classification, sentiment analysis, etc.), speech recognition (speakers and noise or environment adaptation) and face recognition (different lighting conditions, different population composition).
Full Text Available In the European Union territory, a number of legal sources for the protection of wildlife and their natural habitats have been applied. On one hand, there are legal documents, having different legal strength, which provide protection to all wildlife species and their natural habitats in a general manner. On the other hand, there are a number of regulations, also having different strength, which only protect individual components of wildlife or only treat individual aspects within the domain of their legal protection. Obviously, the relevant provisions of the Law on the Protection of Nature, the Ordinance on the Ecological Network and the Rulebook on Habitat Types, the Criteria for the Selection of Habitat Types, on Sensitive, Endangered, Rare and Priority for Protection Habitat Types and on the Protection Measures for their Conservation of the Republic of Serbia indicate their conformity, in terms of their contents, with the Directive 92/43/EEC to a great extent. However, a great deal of work lies ahead since the Republic of Serbia must, by the time it enters the European Union, enlist and categorise, in accordance with the Criteria stated in the Directive, the natural types of habitats, referred to in Annex I, and the habitats of species, referred to in Annex II to this legal source, in order to become a part of Natura 2000 - a European ecological network. Meanwhile, the Serbian norm setter must eliminate the observed instances of incompleteness in the following relation: the Convention on the Conservation of European Wildlife and Natural Habitats and the Law on Nature Protection and 'fight down' the practice of taking over specific formulations from one legal source and entering them into other legal sources, as well as needlessly repeating the clarifications of meaning of specific terms in numerous legal documents.
Full Text Available Drones or unmanned or remote vehicles represent a new generation of devices that were designed to help mankind achieve better results in areas that were proven to hazardous. By developing drones, new areas of economic activities have been unlocked for better exploitation, but at the same time, the lack of a proper legal system to back-up the new technology allowed a new wave of gray-lined uses of drones that must be tackled. As the Director of the 21st Century Defense Initiative at the Brookings Institute1 explains in an interview in 2012 that “a revolutionary technology is a game-changing technology on a historic level. It is technology like gunpowder, or the steam engine, or the atomic bomb”. With this in mind, drones mark the revolution to carry out strikes from thousands of kilometers away, while also ensuring a permanent eye in the sky for both military and also law enforcement operations. The aforementioned facts are just small percentages of what a drone is truly capable of and its full potential will only be unlocked once artificial intelligence will become an integral part of robotics.
Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.
Burcu Umut Zan
Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.
Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D
Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420
Full Text Available The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.
Bergshoeff, Eric A.; Kleinschmidt, Axel; Riccioni, Fabio
We classify the half-supersymmetric "domain walls," i.e., branes of codimension one, in toroidally compactified IIA/IIB string theory and show to which gauged supergravity theory each of these domain walls belong. We use as input the requirement of supersymmetric Wess-Zumino terms, the properties of
Vaksman, L. L.
This is Leonid Vaksman's monograph "Quantum bounded symmetric domains" (in Russian), preceded with an English translation of the table of contents and (a part) of the introduction. Quantum bounded symmetric domains are interesting from several points of view. In particular, they provide interesting examples for noncommutative complex analysis (i.e., the theory of subalgebras of C^*-algebars) initiated by W. Arveson.
Betker, Jamie L.; Kullberg, Max; Gomez, Joe; Anchordoquy, Thomas J.
The formation of cholesterol domains in lipoplexes has been associated with enhanced serum stability and transfection rates both in cell culture and in vivo. This study utilizes the ability of saturated phosphatidylcholines to promote the formation of cholesterol domains at much lower cholesterol contents than have been utilized in previous work. The results show that lipoplexes with identical cholesterol and cationic lipid contents exhibit significantly improved transfection efficiencies when a domain is present, consistent with previous work. In addition, studies assessing transfection rates in the absence of serum demonstrate that the ability of domains to enhance transfection is not dependent on interactions with serum proteins. Consistent with this hypothesis, characterization of the adsorbed proteins composing the corona of these lipoplex formulations did not reveal a correlation between transfection and the adsorption of a specific protein. Finally, we show that the interaction with serum proteins can promote domain formation in some formulations, and thereby result in enhanced transfection only after serum exposure. PMID:23557286
Dr.Sc. Hamdi Podvorica
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
Vinding, Niels Valdemar
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...
Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples......: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....
Frederico de Andrade Gabrich
Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.
Wall, Terry J.
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
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
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.
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.
Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.
An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working
Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.
Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.
One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.
The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing
Álvarez Faedo, María José
This article discusses one of the less mainstream areas of ESP teaching, that of legal English for students of company law. The author begins by analysing the approach used by subject-domain specialists themselves and the current criticism regarding the conservative textbook approach which continues to dominate teaching theory in this area. To this effect, she presents the results of a study carried out from October 2014 to March 2015 regarding subject-domain textbooks most used in Law School...
Boer, A.; van Engers, T.; Winkels, R.
While isomorphism of knowledge representation has been recognized as important, particularly to maintenance in legal knowledge representation, the requirements of the maintenance process in general get less attention. Traceability from knowledge resources used in the organization to the sources of
Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php
In today's increasingly polarized political climate, science is becoming more politicized, which in turn leads to scientists facing an increased involvement in legal discussion about their work, their correspondence, and their public statements. At times these attacks on scientists and their academic freedom are unwarranted and can leave many confused and wondering how to handle the situation. To help out, AGU and the Climate Science Legal Defense Fund (CSLDF) have partnered to prepare the scientific community for these challenges through a Legal Education Series, a series of webinars along with events at AGU's 2012 Fall Meeting. This series provides scientists with information to help guide and update them on legal issues and situations currently making their way through the courts.
Full Text Available In the Republic of Macedonia, international treaties ratified in accordance with the Constitution are considered part of the internal legal order and cannot be changed by an act of Parliament. This solution confirms the principle that international treaties have more legal authority than all the other legal acts, with the exception of the Constitution. This article aims to give an insight on the constitutional provisions that regulate the position of international treaties in the Macedonian legal order. It identifies its advantages and shortcomings and offers some solutions that might be taken into account by the lawgiver in the future. The article also analyses the profound impact that the European Convention on Human Rights has exerted on the substantial nature of the catalogue of fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.
This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.
Marc Simon Thomas
Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.
Weber, Rolf H
Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.
Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensati...
This article investigates how comics can be used to adequately communicate the correct process of contract cancellation and whether comics can enhance understanding of the legal process. A survey of pre-owned vehicle buyers of various levels of education in Pretoria, South Africa found that when comics are used to communicate contract cancellation, a significant increase in the comprehension of the legal cancellation process occurs. The results may influence how contracting parties may choose...
Palali, Ali; van Ours, Jan C
textabstractWe 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 cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...
John Armour; Douglas Cumming
Must policymakers seeking to replicate the success of Silicon Valley’s venture capital market first replicate other US institutions, such as deep and liquid stock markets? Or can legal reforms alone make a significant difference? In this paper, we compare the economic and legal determinants of venture capital investment, fundraising and exits. We introduce a cross-sectional and time series empirical analysis across 15 countries and 13 years of data spanning an entire business cycle. We show t...
Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.
Audronė Androšiūnaitė; Borisas Melnikas
The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...
Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.
Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section
Frederico de Andrade Gabrich
There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...
Currently, many scientific fields such as psychology or biomedicine face a methodological crisis concerning the reproducibility, replicability, and validity of their research. In neuroimaging, similar methodological concerns have taken hold of the field, and researchers are working frantically toward finding solutions for the methodological problems specific to neuroimaging. This article examines some ethical and legal implications of this methodological crisis in neuroimaging. With respect to ethical challenges, the article discusses the impact of flawed methods in neuroimaging research in cognitive and clinical neuroscience, particularly with respect to faulty brain-based models of human cognition, behavior, and personality. Specifically examined is whether such faulty models, when they are applied to neurological or psychiatric diseases, could put patients at risk, and whether this places special obligations on researchers using neuroimaging. In the legal domain, the actual use of neuroimaging as evidence in United States courtrooms is surveyed, followed by an examination of ways that the methodological problems may create challenges for the criminal justice system. Finally, the article reviews and promotes some promising ideas and initiatives from within the neuroimaging community for addressing the methodological problems.
O'Reilly, G.; Malone, J. F.
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)
Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient
The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it
U.S. Department of Health & Human Services — CDD is a protein annotation resource that consists of a collection of well-annotated multiple sequence alignment models for ancient domains and full-length proteins.
Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene
Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.
This study deals with legal language, the bridging of communication problems in a legal setting by especially court interpreters, and difficulties these legal linguists may experience in this endeavour. Some word-forming principles are discussed and examples are given of typical multilingual coinages in the legal profession.
... 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...
... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal adoption...
Brölmann, C.; Nijman, J.
Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper
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 ...
... 45 Public Welfare 3 2010-10-01 2010-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other person...
Kucherenko, Petr A.; Sangadzhiev, Badma.V.; Velibekov, Murad C.
The relevance of the study of the legal nature and functions of the referendum is conditioned by the increasing dynamics of development of direct democracy in the developed countries and the needs to legalize it in constitutional and legal norms to ensure stability in society. The purpose of this paper is to define the legal nature of the…
In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system). Keywords: Israeli legal system, Israeli Supreme Court, legal systemics, ...
Costa Ramos, Vânia
The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).
Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly ...
Benda-Beckmann, von F.
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
... 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...
... 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 person using this part shall serve interrogatories and legal process on the agent to receive process as...
Radulovic, Aleksandra; Sladic, Dubravka; Govedarica, Miro; Popovic, Dragana; Radovic, Jovana
Since the data of cadastral records are of great importance for the economic development of the country, they must be well structured and organized. Records of real estate on the territory of Serbia met many problems in previous years. To prevent problems and to achieve efficient access, sharing and exchange of cadastral data on the principles of interoperability, domain model for real estate is created according to current standards in the field of spatial data. The resulting profile of the domain model for the Serbian real estate cadastre is based on the current legislation and on Land Administration Domain Model (LADM) which is specified in the ISO19152 standard. Above such organized data, and for their effective exchange, it is necessary to develop a model of services that must be provided by the institutions interested in the exchange of cadastral data. This is achieved by introducing a service-oriented architecture in the information system of real estate cadastre and with that ensures efficiency of the system. It is necessary to develop user services for download, review and use of the real estate data through the web. These services should be provided to all users who need access to cadastral data (natural and legal persons as well as state institutions) through e-government. It is also necessary to provide search, view and download of cadastral spatial data by specifying geospatial services. Considering that real estate contains geometric data for parcels and buildings it is necessary to establish set of geospatial services that would provide information and maps for the analysis of spatial data, and for forming a raster data. Besides the theme Cadastral parcels, INSPIRE directive specifies several themes that involve data on buildings and land use, for which data can be provided from real estate cadastre. In this paper, model of geospatial services in Serbia is defined. A case study of using these services to estimate which household is at risk of
3. Small domains. The 'pleckstrin homology' (PH) domain is a domain of about 100 residues that occurs in a wide range of proteins involved in intracellular signaling or as constituents of the cytoskeleton.
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.