WorldWideScience

Sample records for legal factors special

  1. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

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

  2. Factors That Drive Youth Specialization.

    Science.gov (United States)

    Padaki, Ajay S; Popkin, Charles A; Hodgins, Justin L; Kovacevic, David; Lynch, Thomas Sean; Ahmad, Christopher S

    Specialization in young athletes has been linked to overuse injuries, burnout, and decreased satisfaction. Despite continued opposition from the medical community, epidemiological studies suggest the frequency is increasing. Extrinsic pressures in addition to individual aspirations drive this national trend in sports specialization. Descriptive epidemiology study. Level 3. A novel instrument assessing the driving factors behind youth specialization was generated by an interdisciplinary team of medical professionals. Surveys were administered to patients and athletes in the department's sports medicine clinic. The survey was completed by 235 athletes between 7 and 18 years of age, with a mean age of 13.8 ± 3.0 years. Athletes specialized at a mean age of 8.1 years, and 31% of athletes played a single sport while 58% played multiple sports but had a preferred sport. More than 70% of athletes had collegiate or professional ambitions, and 60% played their primary sport for 9 or more months per year, with players who had an injury history more likely to play year-round ( P sports, with specialized athletes reporting this significantly more often ( P = 0.04). Half of the athletes reported that sports interfered with their academic performance, with older players stating this more frequently ( P sport before starting high school. While intrinsic drive may identify healthy aspirations, extrinsic influences are prevalent in specialized athletes. Extrinsic factors contributing to youth specialization were identified and compounded the deleterious sequelae of youth athlete specialization.

  3. Child and adolescent labor: factors, legal aspects, and social repercussions

    Science.gov (United States)

    Cruz Neto O; Moreira

    1998-04-01

    Children and youth are currently one of the population segments most heavily jeopardized by the worsening of social, economic, and cultural problems in Brazil. Factors such as lack of government support for a sound, universally accessible school system, income concentration, low wages, unemployment, and family dysfunction have direct impacts on the life histories of children and adolescents, forcing them to join the labor market early, where their rights as 'citizens with special developmental conditions' are routinely ignored. This article aims to provide support for the eradication of child labor and the adaptation of adolescent labor to the terms of the pertinent Brazilian legislation. To this end, the article reviews the Federal Constitution, Consolidated Labor Laws, and Statute for Children and Adolescents to analyze situations in which work activities may or may not be allowed for children and adolescents, settling possible points of disagreement between the three legal texts and analyzing their social aspects.

  4. Ethical & Legal Issues in School Counseling. Chapter 6: Special Issues.

    Science.gov (United States)

    Sampson, James P., Jr.; And Others

    This document contains chapter 6 (5 articles) of a collection of 35 articles primarily from American Association for Counseling and Development (AACD) publications on the most important legal and ethical topics about which all school counselors need to be informed. "Ethical Issues Involved With the Use of Computer-Assisted Counseling, Testing, and…

  5. The Work Performed within Special Legal Labour Relations

    Directory of Open Access Journals (Sweden)

    Radu Răzvan Popescu

    2016-05-01

    Full Text Available Objectives The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Prior Work Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. Results An employment contract, however, is unlike most other contracts. Although the parties will have negotiated the main terms, we shall see that a large number of terms will be implied into the agreement from all sorts of different sources and will not have been individually negotiated by the parties at all. This is what makes an employment contr act so different from other contracts. Value We think this article is an important step in the disclosure of the problem eraised by this types of labour performed in different legal labour relations.

  6. Addressing Future Legal Impacts on the Operational Factor of Space

    National Research Council Canada - National Science Library

    Boock, Michael

    2004-01-01

    .... Recent operations in Afghanistan and Iraq have highlighted the influence that legal conditions have on the operational factor of space, increasingly restricting the freedom of action of the operational commander...

  7. 14 CFR 25.619 - Special factors.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Special factors. 25.619 Section 25.619... STANDARDS: TRANSPORT CATEGORY AIRPLANES Design and Construction General § 25.619 Special factors. The factor of safety prescribed in § 25.303 must be multiplied by the highest pertinent special factor of safety...

  8. Beliefs and expectancies in legal decision making: an introduction to the Special Issue.

    Science.gov (United States)

    McAuliff, Bradley D; Bornstein, Brian H

    2012-01-01

    This introduction describes what the co-editors believe readers can expect in this Special Issue. After beliefs and expectancies are defined, examples of how these constructs influence human thought, feeling, and behavior in legal settings are considered. Brief synopses are provided for the Special Issue papers on beliefs and expectancies regarding alibis, children's testimony behavior, eyewitness testimony, confessions, sexual assault victims, judges' decisions in child protection cases, and attorneys' beliefs about jurors' perceptions of juvenile offender culpability. Areas for future research are identified, and readers are encouraged to discover new ways that beliefs and expectancies operate in the legal system.

  9. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

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

  10. 14 CFR 29.619 - Special factors.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Special factors. 29.619 Section 29.619... STANDARDS: TRANSPORT CATEGORY ROTORCRAFT Design and Construction General § 29.619 Special factors. (a) The special factors prescribed in §§ 29.621 through 29.625 apply to each part of the structure whose strength...

  11. 14 CFR 27.619 - Special factors.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Special factors. 27.619 Section 27.619... STANDARDS: NORMAL CATEGORY ROTORCRAFT Design and Construction General § 27.619 Special factors. (a) The special factors prescribed in §§ 27.621 through 27.625 apply to each part of the structure whose strength...

  12. The Law in the Special Education Literature: A Brief Legal Critique

    Science.gov (United States)

    Zirkel, Perry A.

    2014-01-01

    Author Perry Zirkel writes in this article that given the central role of law in special education, exemplified by the Individuals with Disabilities Education Act (IDEA), it is fitting that the literature is replete with refereed journal articles specific to the legal dimension of various key issues of professional practice. He feels, however,…

  13. 14 CFR 23.619 - Special factors.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Special factors. 23.619 Section 23.619... Special factors. The factor of safety prescribed in § 23.303 must be multiplied by the highest pertinent special factors of safety prescribed in §§ 23.621 through 23.625 for each part of the structure whose...

  14. Legal model of state coercion as to a special category of persons

    Directory of Open Access Journals (Sweden)

    Tatyana M. Sekretareva

    2016-09-01

    Full Text Available Objective to develop a legal model of state coercion against individuals with mental disorders. Methods dialectical method analysis synthesis description explanation. Results identifying features of the semantic and meaningful understanding of state coercion against persons with mental disorders allowed to designate state coercion in respect of special category of persons as an independent state coercion which has an interdisciplinary and multidisciplinary character. Scientific novelty for the first time the article investigated the place and role of state coercion in relation to special categories of persons in the system of legal policy means state coercion against a particular category of persons is considered as an independent form of state coercion. The classification of actors is proposed who are involved in the application of state coercion against persons with mental disorders as well as the structure of state coercion consisting of preventive measures suppressive measures measures to ensure proceedings in criminal civil cases cases of administrative offenses punishment other enforcement measures. Practical significance the research results can be used to improve the system of state coercion in the Russian Federation.

  15. Legal factors affecting the financing of small scale hydroelectric projects

    Energy Technology Data Exchange (ETDEWEB)

    Wilson, W.H.; Ringo, M.J.; Forgione, N.

    1983-09-01

    An introduction to the major business organizational options open to small-scale hydroelectric (SSH) projects is given. The major federal income tax treatments of these options are compared. Significant general federal income tax factors affecting SSH projects are reintroduced and explained. Some of the special federal income tax problem areas in SSH development are isolated. Tax benefit flow through or transfer mechanisms are discussed. Tax exempt financing opportunities for private SSH projects are reviewed. (MHR)

  16. CULTURAL AND LEGAL FACTORS OF OPTIMIZATION OF THE IDEOLOGY OF STATE-BUILDING IN UKRAINE

    Directory of Open Access Journals (Sweden)

    O. V. Krasnokutskyi

    2014-12-01

    Full Text Available The Purpose is to investigate the legal cultural phenomenon in the riches of the contours of its essence, raising the level of this phenomenon as part of the system of determinants of the optimization of ideology of state-building in modern Ukraine. Methodology. The study is based on the principles of materialist dialectics and the principles of historicism, social determinism, complexity. The scientific novelty. The cultural and legal factors of optimization of the ideology of state-building are conceptually considered for the first time in modern Ukraine; three methodological points that should be targeted in the definition of «legal culture» are outlined; the definition of legal culture is improved; a working template program of improvement and increase of the level of legal culture in contemporary Ukrainian society is developed; four key conceptual areas of the program are outlined. Conclusions. Legal culture can be defined as a separate category to mark the legal system which was historically formed and the institutions of a state-organized society that are correlated with it, and also the legal knowledge and motives, forms, techniques and methods of legal activities, values, estimates with the necessity inherent to every people, class, nation, community groups, to the individual person at a certain stage of their development. Rise of the level of legal awareness is one of the leading systematic factors, cultural and code keys to optimizing the development of state-building ideology in the conditions of today's Ukraine. The program for the improvement and enhancement of legal culture in contemporary Ukrainian society is composed of four major conceptual areas: the growth of basic legal literacy; the rise of their legal awareness; the increase of theoretical justification of the existing legal reality, the prospects for its future development, the increase of the efficiency of the legal theory; progressive formation of legal ideology.

  17. Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

    Science.gov (United States)

    Otgaar, Henry; Sauerland, Melanie; Petrila, John P

    2013-01-01

    The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

  18. Punishment and Aversive Stimulation in Special Education: Legal, Theoretical and Practical Issues in Their Use with Emotionally Disturbed Children and Youth.

    Science.gov (United States)

    Wood, Frank H., Ed.; Lakin, K. Charlie, Ed.

    Seven papers from a 1978 conference focus on the use of punishment in special education programs for emotionally disturbed students. In "The Legal Status of the Use of Corporal Punishment and Other Aversive Procedures in Schools," F. Wood and K. Lakin review laws, regulations, and court decisions that bear on the legality of the use of…

  19. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    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...

  20. Legal and Ethical Issues of Persons with Special Needs in Nigeria

    Science.gov (United States)

    Asiwe, C. C.; Omiegbe, Odirin

    2014-01-01

    Persons with special needs have innate abilities and when properly harnessed through proper education would be able to contribute ultimately to their development as well as that of the society they reside in terms of political, social, economic and technological development. Before such group of persons can be properly educated there is the dire…

  1. The Law and Special Educational Needs in Ireland: Perspectives from the Legal Profession

    Science.gov (United States)

    Perry, Sheila; Clarke, Marie

    2015-01-01

    This article outlines parents' struggle to secure adequate educational resources for their child(ren) with special educational needs within the Irish State system. The authors challenge the view that legislation facilitates practical advances that are meaningful to individual families. This small-scale exploratory study reports the findings from…

  2. The Economic Nature of Factoring and its Legal Manifestation in the Bulgarian Legislation and the Convention on International Factoring

    Directory of Open Access Journals (Sweden)

    Emilia P. DIMITROVA

    2011-03-01

    Full Text Available The factoring is a sophisticated financial technique and management service designed to facilitate the use of trade credit. This article illustrates the basic factoring services and namely: financing, credit protection, accounting (ledgering and collection of receivables. It is emphasized, that factoring as a legal phenomenon includes two contracts: a contract for sale of goods or for supply of services between the supplier and its customers (debtors, on the one hand, and a factoring contract between the supplier and the factor, on the other hand.

  3. Factors associated with exclusive breastfeeding in the Legal Amazon and Northeast regions, Brazil, 2010

    Directory of Open Access Journals (Sweden)

    Alice Cristina Medeiros das Neves

    2014-01-01

    Full Text Available OBJECTIVE: The objective of this study was to identify the factors associated with exclusive breastfeeding in children aged less than six months from the Brazilian Legal Amazon and Northeast regions. METHODS: The study used data from a survey that assessed prenatal and infant (<1 year care in 2010. Sociodemographic, prenatal, delivery, and puerperium care factors with p<0.05 in multivariate analysis were associated with exclusive breastfeeding. RESULTS: For both regions, the prevalence of exclusive breastfeeding decreased with age, which was the main variable associated with early weaning. In the Legal Amazon, exclusive breastfeeding prevailed among: mothers aged 35 years or more; mothers living in state capitals; and mothers who breastfed on the first hour of life. In the Northeast, the probability of exclusive breastfeeding was greater for mothers aged 35 years or more. CONCLUSION: The factors associated with exclusive breastfeeding were child's and mother's age in both regions; and residence location and breastfeeding in the first hour of life in the Legal Amazon, suggesting the need of differentiated strategies for the promotion of exclusive breastfeeding.

  4. Institutional, Financial, Legal, and Cultural Factors in a Distance Learning Program.

    Science.gov (United States)

    Blakeman, Rachel; Haseley, Dennis

    2015-06-01

    As psychoanalytic institutes evolve, adapting to the contemporary financial and social environment, the integration of new technologies into psychoanalytic education presents opportunities for expansion to candidates residing beyond the usual geographic boundaries. While the teaching of analytic content through distance learning programs appears to be relatively straightforward, factors including legalities, traditional mind-sets, and cross-cultural issues need to be considered as complicating the situation, as illustrated by one U.S. institute's distance learning initiative with a group in South Korea. © 2015 by the American Psychoanalytic Association.

  5. Coping patterns in special school staff: demographic and organizational factors.

    Science.gov (United States)

    Adams, J; Dudenhöffer, S; Claus, M; Kimbel, R; Letzel, S; Rose, D-M

    2016-03-01

    Teachers' mental health is commonly discussed in organizational health studies, but studies in special schools are rare. Work-related coping and experience patterns (WCEPs) have been shown to be associated with mental health and intentions to leave. The influence of organizational factors on coping patterns has not been examined. To assess the distribution of WCEPs in special school staff and to identify potential influencing factors. We surveyed a sample of teachers and educational staff in 13 German special schools using the WCEP questionnaire and COPSOQ (Copenhagen Psychosocial Questionnaire). Of 245 teachers and 417 educational staff contacted, 114 teachers (47%) and 252 educational staff (60%) responded, an overall response rate of 55% (366/662). Coping patterns of special school staff were classified as unambitious (30%), excessively ambitious (7%), resigned (17%), healthy-ambitious (12%) or unclassifiable (34%). Furthermore we found several significant relations with demographic and organizational factors. For example, the resigned pattern is associated with age [Exp(B) 1.12; 95% CI 1.05-1.19], emotional demands [Exp(B) 1.07; 95% CI 1.01-1.12], work-family conflict [Exp(B) 1.07; 95% CI 1.03-1.10] and bullying [Exp(B) 1.04; 95% CI 1.00-1.08]. Since emotional and social factors are associated with risky (excessively ambitious or resigned) and unambitious coping patterns in special school teachers and educational staff, interventions should focus on them. Further research could explore causal relations and observe the development of coping styles over time. © The Author 2015. Published by Oxford University Press on behalf of the Society of Occupational Medicine. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

  6. [Factors forming opnion on marijuana legalization in Poland among group of students from medical and technical college faculty].

    Science.gov (United States)

    Suwała, Małgorzata; Gerstenkorn, Andrzej; Szewczyk, Anna

    2015-01-01

    Marijuana is the most popular illegal drug in the world. In 2010 17.6% of polish adult population (age 15-64) and 37.3% of youth (age 17-18) declared use of marijuana at least once in their lifetime. Recent years in Poland brought back public discussion regarding decriminalization and legalization of marijuana. The main goal of the study was to reveal the opinion about legalization of marijuana in Poland among students of medical and technical faculty in correlation with chosen socio-demographic factors, college major, attitude to tobacco smoking, use of drugs and religious practice. Study included 230 students (110 from Medical University of Lodz and 120 from Technical University of Lodz). Women consisted on 56.1% of surveyed and men on 43.9%. Study used audit survey as a research method. Results. 40.4% of students considered marijuana as "soft" drug and in majority (65.7%) are convinced that it is not addictive. The main part of studied group (83%) claimed that marijuana is easily accessible in Poland. The majority of the group (38.75%) was against marijuana legalization, a little bit less (35.2%) approved its legalization in Poland and 26.1% had no opinion. Type of college faculty had not been detected as a factor influencing support for legalization. Important factors influencing positive opinion on legalization was: living in the city, tobacco smoking, socializing with legalization supporters, lack of regular religious practice, drug use. CONCLUSION. Young people's diversified opinion regarding legalization of marijuana in Poland should encourage further discussion. Educational and preventive activities within different social groups are necessary to form a conscious opinion on legalization of marijuana in Poland based on the knowledge of actual scientific facts.

  7. Factors related to the performance of Specialized Dental Care Centers

    Directory of Open Access Journals (Sweden)

    Flávia Christiane de Azevedo Machado

    2015-04-01

    Full Text Available The Specialized Dental Care Centers (SDCC have the mission to expand access to public medium complexity dental care and support the primary health care actions at this level of complexity. However, it is necessary to ensure the quality of services and to evaluate such services continuously to identify weaknesses and strengths that support the processes of leadership/management. Nevertheless, there is a dearth of studies on the assessment of oral health in specialized care that may indicate which factors should be investigated. Therefore, this integrated literature review sought to explore the plethora of publications on the evaluation of SDCC in the LILACS and MEDLINE data bases in October 2013 to identify factors possibly related to the performance of such health services. Thus, 13 references were included in this review pointing to forms of organization and management of work processes related to the creation of healthcare networks (operation of regulation centers and setting up of health consortiums. They include the contextual characteristics of the places where SDCCs are located (population size, Family Health Strategy coverage, Municipal Human Development Index, governance, governing capacity were factors that influenced the SDCCs performance.

  8. Linguistic and Cross-Cultural Complexities of A Specialized Legal Item: The ‘True And Fair’ Case

    Directory of Open Access Journals (Sweden)

    Annalisa Zanola

    2014-01-01

    The aim of our contribution is that of analysing the possible linguistic and cross-cultural contexts where the hendiadys true and fair was born, and exploring the meaning implications of the same ‘formula’ during the centuries. We start from the hypothesis that true and fair is a hendiadys, to show that the two terms take strength and completeness one from the other, so as to generate an only complex meaning, whose original usage was, last but not least,  a literary and poetical one. The analysis of the hendiadys moves from the non-legal to the legal context, following steps of the etymological and lexical research methodology.

  9. Factors predicting physical activity among children with special needs.

    Science.gov (United States)

    Yazdani, Shahram; Yee, Chu Tang; Chung, Paul J

    2013-07-18

    Obesity is especially prevalent among children with special needs. Both lack of physical activity and unhealthful eating are major contributing factors. The objective of our study was to investigate barriers to physical activity among these children. We surveyed parents of the 171 children attending Vista Del Mar School in Los Angeles, a nonprofit school serving a socioeconomically diverse group of children with special needs from kindergarten through 12th grade. Parents were asked about their child's and their own physical activity habits, barriers to their child's exercise, and demographics. The response rate was 67%. Multivariate logistic regression was used to examine predictors of children being physically active at least 3 hours per week. Parents reported that 45% of the children were diagnosed with attention deficit hyperactivity disorder, 38% with autism, and 34% with learning disabilities; 47% of children and 56% of parents were physically active less than 3 hours per week. The top barriers to physical activity were reported as child's lack of interest (43%), lack of developmentally appropriate programs (33%), too many behavioral problems (32%), and parents' lack of time (29%). However, child's lack of interest was the only parent-reported barrier independently associated with children's physical activity. Meanwhile, children whose parents were physically active at least 3 hours per week were 4.2 times as likely to be physically active as children whose parents were less physically active (P = .01). In this group of students with special needs, children's physical activity was strongly associated with parental physical activity; parent-reported barriers may have had less direct effect. Further studies should examine the importance of parental physical activity among children with special needs.

  10. We, the People of the World...Student Perspectives. Special Programs in Citizenship Education: Comparative Legal Systems. Student Manual.

    Science.gov (United States)

    Montgomery, Marjorie, Ed.; Moulden, Richard G., Ed.

    A compilation of student impressions of legal systems and constitutions in different countries, this booklet contains examples of student work completed at a 5-day law related education institute in Washington, D.C. in 1990. The institute brought together students representing seven different countries (China, France, United Kingdom, the…

  11. [Factors associated with the seeking of legal induced abortion services in Mexico City in 2010].

    Science.gov (United States)

    Figueroa-Lara, Alejandro; Aracena-Genao, Belkis; Reyes-Morales, Hortensia; Lamadrid-Figueroa, Héctor

    2012-01-01

    To identify factors associated with the seeking of the legal-interruption-pregnancy (LIP) services in Mexico City. We used a case-control design. Users who utilized the LIP were defined as cases, while users of the antenatal care service with gestational age 13 or more weeks and who reported having an unwanted pregnancy were defined as controls. Logistic regressions were fitted to estimate odds ratios. Higher level of education (OR=1.47, 95% CI:1.04-2.07), women's occupation (being student OR=7.31, 95% CI:1.58-33.95; worker OR=13.43, 95% CI:2.04-88.54), and number of previous abortions (OR=11.41, 95% CI:1.65-79.07) were identified as factors associated with the lookup of LIP. In Mexico City context, empowered women with a higher level of education, or having a work activity are the users of LIP services. Strategies for improving access of women with low empowerment conditions are needed.

  12. 50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

    Science.gov (United States)

    2010-10-01

    ... United States. (3) The export will provide a conservation benefit to the species. (4) No persuasive... Treaty require a Management Authority to make a legal acquisition finding before issuing export permits and re-export certificates. The Parties have agreed that a legal acquisition finding must also be made...

  13. Special Education Teacher Resilience: A Phenomenological Study of Factors Associated with Retention and Resilience of Highly Resilient Special Educators

    OpenAIRE

    Downing, Brienne

    2017-01-01

    Abstract Of The DissertationSpecial Education Teacher Resilience: A Phenomenological Study of Factors Associated with Retention and Resilience of Highly Resilient Special EducatorsbyBrienne DowningDoctor of Education in Educational LeadershipUniversity of California, San Diego, 2017California State University, San Marcos, 2017Professor Jacqueline Thousand, ChairSpecial education teachers are in high demand and greatly needed to meet the needs of the growing population of students qualified fo...

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

    Science.gov (United States)

    Rhim, Lauren Morando

    2007-01-01

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

  15. Teaching Legal English for Company Law: A Guide to Specialism and ELP Teaching Practices and Reference Books

    OpenAIRE

    Álvarez Faedo, María José

    2015-01-01

    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...

  16. Using medico-legal data to investigate fatal older road user crash circumstances and risk factors.

    Science.gov (United States)

    Koppel, Sjaan; Bugeja, Lyndal; Smith, Daisy; Lamb, Ashne; Dwyer, Jeremy; Fitzharris, Michael; Newstead, Stuart; D'Elia, Angelo; Charlton, Judith

    2018-02-17

    This study used medico-legal data to investigate fatal older road user (ORU, aged 65 years and older) crash circumstances and risk factors relating to 4 key components of the Safe System approach (e.g., roads and roadsides, vehicles, road users, and speeds) to identify areas of priority for targeted prevention activity. The Coroners' Court of Victoria's (CCOV) Surveillance Database was searched to identify and describe the frequency and rate per 100,000 population of fatal ORU crashes in the Australian state of Victoria for 2013-2014. Information relating to the deceased ORU, crash characteristics and circumstances, and risk factors was extracted and analyzed. One hundred and thirty-eight unintentional fatal ORU crashes were identified in the CCOV Surveillance Database. Of these fatal ORU crashes, most involved older drivers (44%), followed by older pedestrians (32%), older passengers (17%), older pedal cyclists (4%), older motorcyclists (1%), and older mobility scooter users (1%). The average annual rate of fatal ORU crashes per 100,000 population was 8.1 (95% confidence interval [CI], 6.0-10.2). In terms of the crash characteristics and circumstances, most fatal ORU crashes involved a counterpart (98%), of which the majority were passenger cars (50%) or fixed/stationary objects (25%), including trees (46%) or embankments (23%). In addition, most fatal ORU crashes occurred close to home (73%), on-road (87%), on roads that were paved (94%), on roads with light traffic volume (37%), and during low-risk conditions: between 12 p.m. and 6 p.m. (44%), on weekdays (80%), during daylight (75%), and under dry/clear conditions (81%). Road user (RU) error was identified by the police and/or the coroner for the majority of fatal crashes (55%), with a significant proportion of deceased ORUs deemed to have failed to yield (54%) or misjudged (41%). RU error was the most significant factor identified in fatal ORU crashes, which suggests that there is a limited capacity of the

  17. Individualized education programme in special programme of education – an effective work plan or merely a legal requirement

    OpenAIRE

    Stergar, David

    2016-01-01

    The undergraduate thesis presents the development of Individualized Education Programmes (hereinafter IEP) at the Education, Work and Care Centre Dobrna. The theoretical part deals with the legislation in the field of IEP development and placement of children with special needs, the guidelines for IEP development, and the characteristics of people with mental health disorders and autism spectrum disorders at the Education, Work and Care Centre Dobrna. The empirical part of the thesis p...

  18. Official loyalty as the factor of official activity: administratively-legal and phenomenological approaches

    Directory of Open Access Journals (Sweden)

    Gornostaev S.V.

    2017-04-01

    Full Text Available The article discusses the administrative-legal and phenomenological approaches to understanding the official loyalty. Official loyalty is being considered under the administrative-legal approach as adherence to formal official duty, which is a system of obligations, taken together with official status, the source of which are: normative base of service activity, legal requirements of the head and public interests. Lists of the limitations of administrative-legal approach to understanding the of official loyalty: weak underdeveloped concept, the failure to take into account the wide range of situations, operation with a models rather than actual processes. Discusses the advantages of the phenomenological approach in studying the performance of loyalty: its psychological advantages, the existence of a theoretical framework, the work with the real phenomena. Within the phenomenological approach official loyalty is defined as psychological-behavioral integration of the employee in the group operating in the service sector, on the basis of a common cause of activities. Possibilities of sharing of the considered approaches for the decision of problems of optimization of official activity are designated.

  19. Death penalty support for special offender populations of legally convicted murderers: juveniles, the mentally retarded, and the mentally incompetent.

    Science.gov (United States)

    Boots, Denise Paquette; Heide, Kathleen M; Cochran, John K

    2004-01-01

    The U.S. Supreme Court recently re-examined the constitutionality of the death penalty in the context of two of three special offender populations of murderers (juveniles, mentally retarded, and mentally incompetent). The Court reaffirmed the imposition of the death penalty for juveniles 16 and 17, while reversing itself on the mentally retarded. In reaching its decision, the Court relied on society's "evolving standards of decency." Using Likert-type items, this study is the first to have prospective jurors assess support for the death penalty for these specific offender groups. The public's support for the execution of each of the groups is then compared with existing case law. Descriptive statistics and regression analyses indicate that, as expected, the levels of support for the applicability of capital punishment to the various special offender populations are much lower than that for the general adult offender. Moreover, these findings are congruent with the holdings of the Court with one notable exception: a slight majority of respondents supported executing the mentally incompetent. Reasons for the public's apparent departure from the Supreme Court holding prohibiting the execution of mentally incompetent convicted murderers are discussed. The Court's continued role in protecting marginalized populations from "cruel and unusual punishment" is explored in the context of strong public sentiment demanding justice and finality despite changes in offenders' mental capacity. Copyright 2003 John Wiley & Sons, Ltd.

  20. Social and legal factors related to drug abuse in the United States and Japan.

    OpenAIRE

    Greberman, S B; Wada, K

    1994-01-01

    This article is an overview of social and legal differences in the United States and in Japan that are related to patterns of current drug abuse epidemics in these countries. These two nations have drug abuse problems with different histories and take different approaches currently to handling illicit drug marketing and use. Histories of opiate and cocaine abuse in the United States and of stimulant and inhalant abuse in Japan are discussed. The United States has experienced three heroin epid...

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  2. Contextual Factors Impacting Battered Women's Intentions to Reuse the Criminal Legal System

    Science.gov (United States)

    Fleury-Steiner, Ruth E.; Bybee, Deborah; Sullivan, Cris M.; Belknap, Joanne; Melton, Heather C.

    2006-01-01

    While a small number of past studies have examined either situational, relational, or systems-level factors that influence battered women's use of either the police, prosecutorial, or court systems, no study to date has examined how these factors each influence women's intentions to reuse these systems. To address this gap, in-person interviews…

  3. Educação especial e inclusiva no ordenamento jurídico brasileiro Special and inclusive education on brazilian legal system

    Directory of Open Access Journals (Sweden)

    Erenice Natália Soares de Carvalho

    2013-06-01

    . Ordenamento jurídico.In Brazil, the legal system where special and inclusive education is based upon is broad and has conquered some enhancements. However, we can observe contradictions and normative conflicts that affect its application into the teaching system’s organization and the inclusive education implementation. This reflection was conducted through this study, which has as an main objective, to identify divergences among various legal dispositions in force and the necessity to overcome them, taking into consideration that they discipline public policies, determining it’s finalities, coordinates and actions. It then becomes essential the coherence of these regulations, in order that the systems of teaching can achieve the necessary transformations towards an special and inclusive education, guided by MEC in the National Policy of Education in the perspective of Inclusive Education, from 2008. The legal instruments presented here in this work include the Federal Constitution of 1998, Law Nº 9.394/96, of the Guidelines and Bases of the National Education, as well as resolutions CNE/CEB Nº 2/2001 and Nº 4/2009, the decree Nº 7.611/2011, and others. The values of inclusive and special education in the country have a perspective of valorization of diversity aligned with evolution of knowledge and culture, demanding in response a proper legislation suited for our present historical moment. There lies the emergency of overcoming contradictions and conflicts that still exist, in a way that the desired educational advances for the country can at last become effective.

  4. Factores asociados con la búsqueda del servicio de interrupción legal del embarazo en la Ciudad de México, 2010 Factors associated with the seeking of legal induced abortion services in Mexico City in 2010

    Directory of Open Access Journals (Sweden)

    Alejandro Figueroa-Lara

    2012-08-01

    Full Text Available OBJETIVO: Identificar factores asociados con la búsqueda del servicio de interrupción legal del embarazo (ILE en la Ciudad de México. MATERIAL Y MÉTODOS: Se utilizó un diseño casos-controles. Usuarias del servicio de ILE fueron definidas como casos, y usuarias de control prenatal con 13 o más semanas de gestación con un embarazo no deseado constituyeron los controles. Se ajustaron modelos de regresión logística condicional. RESULTADOS: Los años de escolaridad (RM=1.47, IC:1.04-2.07, la ocupación (estudiante, RM=7.31, IC:1.58-33.95; tener empleo remunerado, RM= 13.43, IC:2.04-88.54 y número de interrupciones de embarazo previas (RM=11.41, IC:1.65-79.07 se asociaron con la búsqueda de ILE. El factor de mayor peso fue la ocupación; las mujeres que trabajan tuvieron 13.4 veces mayor posibilidad de demandar el servicio de ILE. CONCLUSIONES: En el contexto de la Ciudad de México, mujeres con más educación y participación laboral activa utilizan más los servicios de ILE. Se requieren estrategias dirigidas a incrementar el uso de estos servicios por mujeres menos favorecidas.OBJECTIVE: To identify factors associated with the seeking of the legal-interruption-pregnancy (LIP services in Mexico City. MATERIALS AND METHODS: We used a case-control design. Users who utilized the LIP were defined as cases, while users of the antenatal care service with gestational age 13 or more weeks and who reported having an unwanted pregnancy were defined as controls. Logistic regressions were fitted to estimate odds ratios. RESULTS: Higher level of education (OR=1.47, 95% CI:1.04-2.07, women's occupation (being student OR=7.31, 95% CI:1.58-33.95; worker OR=13.43, 95% CI:2.04-88.54, and number of previous abortions (OR=11.41, 95% CI:1.65-79.07 were identified as factors associated with the lookup of LIP. CONCLUSIONS: In Mexico City context, empowered women with a higher level of education, or having a work activity are the users of LIP services

  5. Legal decision-making in child sexual abuse investigations: A mixed-methods study of factors that influence prosecution.

    Science.gov (United States)

    Duron, Jacquelynn F

    2018-03-02

    Prosecution of child sexual abuse cases is an important aspect of a community's response for holding perpetrators accountable and protecting children. Differences in charging rates across jurisdictions may reflect considerations made in prosecutors' decision-making process. This mixed-methods, multiphase study used data from a Children's Advocacy Center in a suburban county in the Southern United States to explore the factors associated with child sexual abuse cases that are accepted for prosecution and the process followed by prosecutors. Data were sequentially linked in three phases (qualitative-quantitative-qualitative), incorporating 1) prosecutor perceptions about what case characteristics affect charging potential, 2) 100 case records and forensic interviews, and 3) in-depth reviews of cases prosecuted. Content analysis was used to identify influential case elements, logistic regression modeling was used to determine factors associated with a decision to prosecute, and framework analysis was used to further confirm and expand upon case factors. Overall, findings indicate that prosecution is most strongly predicted by caregiver support and the availability of other evidence. The decision to prosecute was found to include a process of ongoing evaluation of the evidence and determination of a balanced approach to justice. The decision to prosecute a case can be influenced by strong and supportive investigative practices. An important implication is that interaction among multidisciplinary professionals promotes communication and efforts, further enhancing discretion about potential legal actions. Copyright © 2018 Elsevier Ltd. All rights reserved.

  6. Burns as child abuse: risk factors and legal issues in West Texas and Eastern New Mexico.

    Science.gov (United States)

    Dissanaike, Sharmila; Wishnew, Jenna; Rahimi, Maham; Zhang, Yan; Hester, Cynthia; Griswold, John

    2010-01-01

    The purpose of this study were to describe risk factors for child abuse from burns and examine prosecution and conviction rates after case discussions at a multidisciplinary conference Retrospective cohort study of all pediatric burns admitted between 2001 and 2006 was performed. Registry data on age, sex, mechanism, location, and size of burn were recorded. Registry data were verified against nursing documentation for accuracy. All cases were reviewed at the multidisciplinary "care conference" to gather insight from various perspectives to make a final determination of abuse or neglect. Bivariate and multivariate analysis was used to identify factors associated with child abuse. Prosecution rates were determined by contacting child protective services and district attorney's offices. A total of 457 children were included in the analysis. Most of the children were boys (70%) and were of Hispanic origin (57%), with 30% white and 10% black. Hundred cases were suspicious for abuse after review at care conference. Younger age was a significant risk factor (OR: 0.73, 95% CI: 0.65-0.82), with the mean age of abused children being 1 (3/4) years compared with 5 (1/2) years for accidental injuries. Girls were at higher risk for abuse (OR: 1.76, 95% CI: 1.06-2.91).Torso injuries were significantly more common in abused children, an unusual finding possibly reflecting a different abuse pattern in infants compared with toddlers. Suspected abuse resulted in longer hospital stays (OR: 1.03, 95% CI: 1.01-1.07). Prosecution rates and conviction rates in the authors region are low, at only 26 and 11% of suspicious cases, respectively. Young age and female sex were positively correlated with child abuse. Prosecution and conviction rates are remarkably low, despite using a multidisciplinary care conference to review all cases and obtaining early involvement of child protective services and law enforcement.

  7. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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....

  8. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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....

  9. Education in the family as a factor of pedagogical correction of legal consciousness in juvenile probation and parole, including registered in criminal-executive inspection

    Directory of Open Access Journals (Sweden)

    Gud M. B.

    2017-12-01

    Full Text Available The article discusses the concept of "legal consciousness of minors", the peculiarities of its formation in adolescence, and a pedagogical process of correction of legal consciousness adolescents in conditions of serving criminal sentences, when registration with the penal inspection. Analyzes one of the factors of correction of legal consciousness – raising in the family of convicted minors consisting on the account in the criminal-Executive inspection. The specifics of family upbringing and their impact on the efficiency of re-socialization of minors consisting on the account in criminally-executive inspection, as well as reducing recidivism. Examples of departmental statistics on the role of the family in preventing delinquency and crime among convicted adolescents. The basic directions of improvement of family education in the framework of the activities of employees of criminally-executive inspections.

  10. Ground-water heat pumps: an examination of hydrogeologic, environmental, legal, and economic factors affecting their use

    Energy Technology Data Exchange (ETDEWEB)

    Armitage, D M; Bacon, D J; Massey-Norton, J T; Miller, J D

    1980-11-12

    Groundwater is attractive as a potential low-temperature energy source in residential space-conditioning applications. When used in conjuncton with a heat pump, ground water can serve as both a heat source (for heating) and a heat sink (for cooling). Major hydrogeologic aspects that affect system use include groundwater temperature and availability at shallow depths as these factors influence operational efficiency. Ground-water quality is considered as it affects the performance and life-expectancy of the water-side heat exchanger. Environmental impacts related to groundwater heat pump system use are most influenced by water use and disposal methods. In general, recharge to the subsurface (usually via injection wells) is recommended. Legal restrictions on system use are often stricter at the municipal and county levels than at state and Federal levels. Although Federal regulations currently exist, the agencies are not equipped to regulate individual, domestic installations. Computer smulations indicate that under a variety of climatologic conditions, groundwater heat pumps use less energy than conventional heating and cooling equipment. Life-cycle cost comparisons with conventional equipment depend on alternative system choices and well cost options included in the groundwater heat pump system.

  11. Special Education Teacher Resilience: A Phenomenological Study of Factors Associated with Retention and Resilience of Highly Resilient Special Educators

    Science.gov (United States)

    Downing, Brienne

    2017-01-01

    Special education teachers are in high demand and greatly needed to meet the needs of the growing population of students qualified for special education services under the Individual with Disabilities Education Act (IDEA) of 2004. The increasing attrition rates of special education teachers are a social justice issue that needs attention. The…

  12. Legal Logic? Or can we do without?

    NARCIS (Netherlands)

    Soeteman, A.

    2004-01-01

    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

  13. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    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...

  14. "...because I am something special" or "I think I will be something like a guinea pig": information and assent of legal minors in clinical trials – assessment of understanding, appreciation and reasoning

    Directory of Open Access Journals (Sweden)

    Schulze Ulrike

    2009-01-01

    Full Text Available Abstract Background The aim of this study is to assess and evaluate the capacities for understanding, appreciation and reasoning of legal minors with psychiatric disorders and their parents and their competence to consent or assent to participation in clinical trials. The beliefs, fears, motivation and influencing factors for decision-making of legal minors and parents were also examined. Methods Using the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR, an instrument developed for adults whose capacities to consent are unclear, we provided information about clinical trials and assessed understanding, appreciation and reasoning. We adapted this tool for legal minors and examined 19 children and adolescents between the ages of 7 and 15 with attention deficit/hyperactivity disorder (ADHD or ADHD combined with oppositional defiant disorder (DSM-IV 314.00/314.01/312.8 enrolled in clinical trials. Parents were also examined using the MacCAT-CR. Results Facts such as the procedures involved in trials or their duration were well understood by legal minors, but more abstract issues like the primary purpose of the trial were not understood by children and adolescents or by many parents. Legal minors also had difficulties understanding the nature of placebo and the probability of receiving placebo. Children's and adolescents' decisions were influenced by fears about their disorder worsening and by problems in their relationship with their parents. Parents wanted the best therapy for their children in order to minimize problems in school. Conclusion Legal minors and parents need to be informed more precisely about specific issues like placebo and the primary purpose of trials. In general, the reasoning of children and adolescents was influenced by their experience with their disorder and decision making was based on reasonable arguments. Their fears were based on everyday experiences such as school performance or family relationships.

  15. "...because I am something special" or "I think I will be something like a guinea pig": information and assent of legal minors in clinical trials – assessment of understanding, appreciation and reasoning

    Science.gov (United States)

    Koelch, Michael; Singer, Hanneke; Prestel, Anja; Burkert, Jessica; Schulze, Ulrike; Fegert, Jörg M

    2009-01-01

    Background The aim of this study is to assess and evaluate the capacities for understanding, appreciation and reasoning of legal minors with psychiatric disorders and their parents and their competence to consent or assent to participation in clinical trials. The beliefs, fears, motivation and influencing factors for decision-making of legal minors and parents were also examined. Methods Using the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR), an instrument developed for adults whose capacities to consent are unclear, we provided information about clinical trials and assessed understanding, appreciation and reasoning. We adapted this tool for legal minors and examined 19 children and adolescents between the ages of 7 and 15 with attention deficit/hyperactivity disorder (ADHD) or ADHD combined with oppositional defiant disorder (DSM-IV 314.00/314.01/312.8) enrolled in clinical trials. Parents were also examined using the MacCAT-CR. Results Facts such as the procedures involved in trials or their duration were well understood by legal minors, but more abstract issues like the primary purpose of the trial were not understood by children and adolescents or by many parents. Legal minors also had difficulties understanding the nature of placebo and the probability of receiving placebo. Children's and adolescents' decisions were influenced by fears about their disorder worsening and by problems in their relationship with their parents. Parents wanted the best therapy for their children in order to minimize problems in school. Conclusion Legal minors and parents need to be informed more precisely about specific issues like placebo and the primary purpose of trials. In general, the reasoning of children and adolescents was influenced by their experience with their disorder and decision making was based on reasonable arguments. Their fears were based on everyday experiences such as school performance or family relationships. PMID:19175905

  16. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

    Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund

    2018-01-01

    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....

  17. Factors influencing postural management for children with cerebral palsy in the special school setting.

    Science.gov (United States)

    Maher, Carol A; Evans, Kerry A; Sprod, Judy A; Bostock, Sue M

    2011-01-01

    Postural management is used to help address the musculoskeletal and participation issues associated with cerebral palsy (CP). This study aimed to identify the factors influencing postural management in special schools. A purpose-designed, cross-sectional, descriptive survey was sent to teachers, physiotherapists, occupational therapists and speech pathologists working with children with moderate-to-severe CP, aged 5-12 years, in special schools within South Australia. The instrument included four main areas: demographics, perceived benefits of postural management, factors facilitating or hindering the implementation of postural management programmes and suggestions for improvement. Results were analysed descriptively. Forty-three therapists and 18 teachers completed the survey (response rate 81%). The most common factors hindering postural management were positioning equipment being unavailable or difficult to use, lack of time and school staff's knowledge and skills to carry out postural management. Facilitating factors included therapy staff providing a written postural management programme, open and regular communication between therapy and school staff and timetabling of postural management into the daily routine. Numerous factors impact on postural management for students in special schools. Practical solutions highlighted were increased training for school staff, timetabling of postural management into students' routines and provision of written postural management programmes.

  18. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

  19. The legal regulation of information and communications technologies as specific forms of a production factor for capital in the food industry

    Directory of Open Access Journals (Sweden)

    Aleš Hes

    2011-01-01

    Full Text Available Information and communications technologies (ICT are usually given attention primarily from the standpoint of the technical aspects. However the legal aspects of this specific area cannot be forgotten, as they significantly influence the efficacy and usefulness to entrepreneurial subjects i.e. the conditions for making business transactions. ICT are one of the factors that markedly influence agricultural primary production and the food industry as well as all other branches of the economy. Therefore it is necessary to analyse the effect Community legal regulations for electronic transactions have on resource utility. The aim of the paper is to analyse the state of the legal regulation of information and communication technologies in the food industry in the CR in comparison with Community law. Currently a basic overall source of law for the ICT area does not exist in the CR in an integral form. This branch of law is regulated complementarily in a whole number of varying legal regulations. With regards to the specifics of the media used in the ICT framework it is essential to resolve certain issues differently from the general regulations.The paper has resulted from the institutional research intention MSM 6046070906 “The Economics of Resources from Czech Agriculture and their Efficient Use in the Framework of Multifunctional Agri-food Systems“.

  20. Exploring Individual and Structural Factors Associated with Employment Among Young Transgender Women of Color Using a No-Cost Transgender Legal Resource Center.

    Science.gov (United States)

    Hill, Brandon J; Rosentel, Kris; Bak, Trevor; Silverman, Michael; Crosby, Richard; Salazar, Laura; Kipke, Michele

    2017-01-01

    The purpose of this study was to explore individual and structural factors associated with employment among young transgender women (TW) of color. Sixty-five trans women of color were recruited from the Transgender Legal Defense and Education Fund to complete a 30-min interviewer-assisted survey assessing sociodemographics, housing, workplace discrimination, job-seeking self-efficacy, self-esteem, perceived public passability, and transactional sex work. Logistic regression models revealed that stable housing (structural factor) and job-seeking self-efficacy (individual factor) were significantly associated with currently being employed. Our findings underscore the need for multilevel approaches to assist TW of color gain employment.

  1. On two special values of temperature factor in hypersonic flow stagnation point

    Science.gov (United States)

    Bilchenko, G. G.; Bilchenko, N. G.

    2018-03-01

    The hypersonic aircraft permeable cylindrical and spherical surfaces laminar boundary layer heat and mass transfer control mathematical model properties are investigated. The nonlinear algebraic equations systems are obtained for two special values of temperature factor in the hypersonic flow stagnation point. The mappings bijectivity between heat and mass transfer local parameters and controls is established. The computation experiments results are presented: the domains of allowed values “heat-friction” are obtained.

  2. Work-related musculoskeletal disorders and ergonomic risk factors in special education teachers and teacher's aides.

    Science.gov (United States)

    Cheng, Hsin-Yi Kathy; Wong, Man-Ting; Yu, Yu-Chung; Ju, Yan-Ying

    2016-02-10

    Work-related musculoskeletal disorders (WMSDs) have become increasingly common among health-related professionals. Special education personnel who serve students with disabilities often experience physical strains; however, WMSDs have been overlooked in this population. The objectives of this study were to investigate the work-related ergonomics-associated factors in this population and to evaluate their correlation with the WMSDs prevalence. A questionnaire with three domains, namely demographics, prevalence of work-related musculoskeletal disorders, and ergonomic factors, designed by our research team was delivered to educators who work in special education schools. Approximately 86 % of the 388 special education school teachers and teacher's aides in this study experienced musculoskeletal disorders. The lower back, shoulder, and wrist were the three most affected regions. A logistic regression analysis revealed that the participants' background factors, namely >5.5 years of experience (odds ratio [OR] = 4.090, 95 % CI: 1.350-12.390), students with multiple disorders (OR = 2.412, 95 % CI: 1.100-5.287), and other work-related ergonomic factors (assistance in diaper changing and others duties), were strongly associated with the prevalence of WMSD. Nap habit (OR = 0.442, 95 % CI: 0.230-0.851) and having teaching partners in the same class (OR = 0.486, 95 % CI: 0.250-0.945) resulted in low possibility of acquiring WMSDs. The use of supportive devices was associated with a low WMSD prevalence. The present study revealed an association between WMSDs and specific job features among teachers and teacher's aides in special education schools. Future efforts should emphasize examining safe student-handling ergonomics, formulating policies regarding student-teacher ratio, incorporating mandatory break times at the workplaces, and promoting personal health for preventing work-related injuries.

  3. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    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....

  4. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    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...

  5. Constitutionally-Legal Policy as Base Type of Legal Policy of Russia

    Science.gov (United States)

    Anichkin, Eugene S.

    2016-01-01

    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:…

  6. Trabalho infanto-juvenil: motivações, aspectos legais e repercussão social Child and adolescent labor: factors, legal aspects, and social repercussions

    Directory of Open Access Journals (Sweden)

    Otávio Cruz Neto

    1998-04-01

    Full Text Available A população infanto-juvenil constitui-se hoje em um dos segmentos mais prejudicados pelo acirramento dos problemas sócio-econômico-culturais que o País enfrenta. O não oferecimento por parte do poder público de uma rede de ensino de qualidade e universal, a concentração de renda, os baixos salários, o desemprego e a desestruturação das famílias são fatores que vêm afetando diretamente a trajetória de vida de crianças e adolescentes, abrigando-os a inserirem-se precocemente no mercado de trabalho, no qual seus direitos como "cidadãos em condições especiais de desenvolvimento" são seguidamente vilipendiados. O presente artigo objetiva fornecer subsídios para a erradicação do trabalho infantil e para a adequação da atividade laboral juvenil ao preconizado pela legislação brasileira. Para isso, procura levantar na Constituição Federal, na Consolidação das Leis Trabalhistas e no Estatuto da Criança e do Adolescente as situações em que estas atividades são ­ ou não ­ permitidas, dirimindo as possíveis divergências existentes entre estes instrumentos jurídicos e analisando seus aspectos sociais.Children and youth are currently one of the population segments most heavily jeopardized by the worsening of social, economic, and cultural problems in Brazil. Factors such as lack of government support for a sound, universally accessible school system, income concentration, low wages, unemployment, and family dysfunction have direct impacts on the life histories of children and adolescents, forcing them to join the labor market early, where their rights as "citizens with special developmental conditions" are routinely ignored. This article aims to provide support for the eradication of child labor and the adaptation of adolescent labor to the terms of the pertinent Brazilian legislation. To this end, the article reviews the Federal Constitution, Consolidated Labor Laws, and Statute for Children and Adolescents to

  7. Awareness of female students attending higher educational institutions toward legalization of safe abortion and associated factors, Harari Region, Eastern Ethiopia: a cross sectional study.

    Science.gov (United States)

    Geleto, Ayele; Markos, Jote

    2015-03-17

    Unsafe abortion has been recognized as an important public health problem in the world. It accounts for 14% of all maternal deaths in sub-Saharan African countries. In Ethiopia, 32% of all maternal deaths are accounted to unsafe abortion. Taking the problem of unsafe abortion into consideration, the penal code of Ethiopia was amended in 2005, to permit safe abortion under a set of circumstances. However, lack of awareness on the revised penal code is a major barrier that hinders women to seek safe abortion. The aim of this study is to assess awareness of female students attending higher educational institutions toward legalization of safe abortion and associated factors in Harari region, eastern Ethiopia. Institution-based descriptive cross sectional study was conducted among 762 female students who are attending five higher educational institutions in Harari Region. Systematic sampling method was used to identify study participants from randomly selected colleges. Self administered structured questionnaire was used to collect data. Data were entered in to Epi Info version 6.04 and analyzed by SPSS version 17.0 statistical packages. Frequency, percentage and ratio were used to describe variables. Multivariable logistic regression analysis was done to control confounders and odds ratio with 95% confidence interval was used to identify factors associated with awareness of female students to legalization of abortion. 762 study participants completed the survey questionnaire making the response rate 90.2%. Only 272 (35.7%) of the respondents reported that they have good awareness about legalization of safe abortion. Studying other fields than health and medicine [AOR 0.48; 95%CI (0.23, 0.85)], being the only child for their family [AOR 0.28; 95%CI (0.13, 0.86)], having no boy friend [AOR 0.34; 95%CI (0.12, 0.74)], using family planning [AOR 0.50; 95%CI (0.13 and 0.86)], being 25 years or older [AOR 1.64; 95%CI (1.33, 2.80)] were significantly associated with awareness

  8. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

    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.

  9. Specialization of the Romanian Economy as a Factor of Increasing Competitiveness in the International Market

    Directory of Open Access Journals (Sweden)

    Mihaela-Carmen MUNTEAN

    2011-11-01

    Full Text Available A major importance in study performance of trade is presented by specialization profile, usually measured by comparative advantage. However, the specialization of a country in a particular sector can be measured by various indicators, their choice depending on many factors, so below, we present some of these indicators as they were by logically structured by different authors. Important to note is that if the product group that we identified to have relative comparative advantage with bigger share to export or import to / from EU and also in the total export and import, this is a first indication that it retains the advantage comparison, almost at all groups (with some minor exceptions. Romania exports respectively imports in large enough share to / from the European Union.

  10. The Identification by Teachers of Special Educational Needs in Primary School Pupils and Factors Associated with Referral to Special Education

    Science.gov (United States)

    Smeets, Ed; Roeleveld, Jaap

    2016-01-01

    This paper addresses the identification of pupils with special educational needs (SEN) in mainstream primary schools by their teachers. Data were analysed from two consecutive measurement occasions of a large cohort study in the Netherlands. The types and severity of pupils' problems, and their school careers were studied. Around 25% of the pupils…

  11. Psychiatric legal investigation for sickness benefits due to disability at the Brazilian Federal Social Security Special Court in Florianópolis, capital city of the State of Santa Catarina, southern Brazil

    Directory of Open Access Journals (Sweden)

    Roberto Figueredo

    2015-06-01

    Full Text Available Objective: To describe the profile of insured individuals that filed claims for sickness benefits and compare the results of the administrative and legal investigations.Method: This case series included 114 insured persons that filed lawsuits against the Brazilian National Institute of Social Security (Instituto Nacional de Seguridade Social, INSS. They underwent psychiatric examinations required by the Brazilian Federal Social Security Special Court in Florianópolis from August to December 2010.Results: Mean age was 47 years, and participant age ranged from 24 to 64 years. Most insured individuals were women (79%, and most were employed (67.5% and self-employed (26.5% workers. Mean contribution time was 99.9 months, ranging from 8 to 352 months. Mean benefit duration was 20.4 months, ranging from 2 to 97 months. The most prevalent category of workers was service workers, store and supermarket salespeople (54.4%, followed by administrative workers (19.3%.Conclusions: Only 17 participants were found to be unable to work after benefit cessation, a 14.9% mismatch between administrative and legal investigations. The most frequent diagnoses were mood disorders (59.6% and anxiety disorders (17.5%.

  12. On the Determinants of Intra-industry Trade: Specialization and Relative Factor Endowments

    Directory of Open Access Journals (Sweden)

    E. Young Song

    2007-12-01

    Full Text Available This paper derives a general relationship among intra-industry trade, specialization, and gravity. This relationship holds in any two-country trade model under assumptions that are frequently adopted in theoretical trade models. Using this general relationship, we can take an integrated approach to the theory of intra-industry trade. In two-good, two-factor models, this relationship implies that the intensity of intra-industry trade is decreasing in the difference in factor proportions and is increasing in the product of per-worker GDPs. Thus, the popular assertion that a negative correlation between the intensity of intra- industry trade and the difference in factor proportions supports monopolistic competition is groundless. Using panel data on bilateral trade flows, we estimate these relationships. We find that the negative correlation between intra-industry trade and specialization is quite robust. We also find a robust positive correlation between intra-industry trade and the product of per-capita GDPs.

  13. Prevalence and determinant factors of malocclusion in population with special needs in South India

    Directory of Open Access Journals (Sweden)

    R Muppa

    2013-01-01

    Full Text Available Objectives: Malocclusion plays an important role in the overall oral health of an individual because it is associated with periodontal disease, temporomandibular disorders and may be complicated by an individual′s disparity. Careful attention to malocclusion in children with special needs leads to a considerable improvement in the quality-of-life. The objective of the present study was to analyze the prevalence of malocclusion and its association with determinant factors in individuals with special needs in South India. Materials and Methods: A cross-sectional study was carried out that included 844 individuals with special needs and their mothers at eleven institutions in South India. Data were collected based on the questionnaire given to the mothers and dental examination carried out on the children. The nutritive and non-nutritive oral habits were obtained from the reports of the mothers. Clinical examination recorded the following: Class I, Class II, Class III, anterior crowding, anterior spacing, deep bite, open bite, and anterior cross bite. Statistical analyses of data were performed using Chi-square test. Results: Results at the end of the study revealed anterior crowding in 27.37% of the total sample size, deep bite in 20.5%, Class I in 14.34%, anterior spacing in 12.9%, Class II in 9.95%, Class III in 5.33%, anterior cross bite in 4.98% and open bite in 4.62%. Conclusion: The prevalence of malocclusion in individuals with special needs is associated with the type of disability and it is more in males than females. Mentally disabled individuals had higher frequencies of all types the malocclusion. Prevalence of anterior crowding was higher compared to other types of malocclusion followed by deep bite.

  14. Prevalence and determinant factors of malocclusion in population with special needs in South India.

    Science.gov (United States)

    Muppa, R; Bhupathiraju, P; Duddu, M K; Dandempally, A; Karre, D L

    2013-01-01

    Malocclusion plays an important role in the overall oral health of an individual because it is associated with periodontal disease, temporomandibular disorders and may be complicated by an individual's disparity. Careful attention to malocclusion in children with special needs leads to a considerable improvement in the quality-of-life. The objective of the present study was to analyze the prevalence of malocclusion and its association with determinant factors in individuals with special needs in South India. A cross-sectional study was carried out that included 844 individuals with special needs and their mothers at eleven institutions in South India. Data were collected based on the questionnaire given to the mothers and dental examination carried out on the children. The nutritive and non-nutritive oral habits were obtained from the reports of the mothers. Clinical examination recorded the following: Class I, Class II, Class III, anterior crowding, anterior spacing, deep bite, open bite, and anterior cross bite. Statistical analyses of data were performed using Chi-square test. Results at the end of the study revealed anterior crowding in 27.37% of the total sample size, deep bite in 20.5%, Class I in 14.34%, anterior spacing in 12.9%, Class II in 9.95%, Class III in 5.33%, anterior cross bite in 4.98% and open bite in 4.62%. The prevalence of malocclusion in individuals with special needs is associated with the type of disability and it is more in males than females. Mentally disabled individuals had higher frequencies of all types the malocclusion. Prevalence of anterior crowding was higher compared to other types of malocclusion followed by deep bite.

  15. Parents Representations of the Legal Socialization of Children

    Directory of Open Access Journals (Sweden)

    Kalashnikova A.S.,

    2014-11-01

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

  16. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    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...

  17. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

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

    2016-01-01

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

  18. The Legal Status of the Spanish Imperial Eagle in Spain and Thoughts on Environmental Law and Policy as Contributing Factors in the Conservation of Species

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2014-12-01

    Full Text Available This contribution reflects on the contributory role of environmental law and policy in the successful conservation interventions on behalf of the rare Spanish Imperial Eagle (Aquila Adalberti, with the aim of gaining insights that may be more universally applicable, including in jurisdictions such as South Africa. An overview of applicable international, European and Spanish laws and policies is given, and the role played by these instruments is considered together with successes attained with diverse conservation goals in respect of the Spanish Imperial Eagle. The exceptionally comprehensive character of the legal protection of the Spanish Imperial Eagle is highlighted, in conjunction with some extra-legal factors that have contributed to successful outcomes. While quantification of the role of the law in the conservation of a species remains elusive, it is probably safe to conclude that environmental law and policy have played a vital and central role in the improvement of the conservation status of the Spanish Imperial Eagle. It is submitted that the conservation interventions on behalf of the Spanish Imperial Eagle show that concerted legal and other conservation interventions can effectively halt and reverse the decline of an endangered species. However, such interventions are onerous and expensive and ideally, effective conservation measures should be in place before populations have declined to a critical level. Birds of prey face similar threats in South Africa and Spain, and a number of South African raptor species will soon be classified as endangered. While South African biodiversity laws and policy are similar to the European and Spanish laws in general import and methodology, the South African laws and policy are more restricted in scope, less detailed and less prescriptive. When comparing the use of Spanish and South African legislation in the conservation of birds of prey, sight must not be lost of the varying conservation needs

  19. Special features of high-risk pregnancies as factors in development of mental distress: a review

    Directory of Open Access Journals (Sweden)

    Paula Borba Rodrigues

    Full Text Available Abstract Introduction: Approximately 22% of all pregnant women are classified as having high-risk pregnancies, which may involve feelings of vulnerability because of having a high-risk pregnancy, resulting in greater exposure to stressful feelings. Objective: To review aspects of high-risk pregnancy that can have a negative impact on the these women's mental health status. Method: Original articles were identified by conducting searches of the PubMed/MEDLINE, LILACS and SciELO databases, followed by a manual search of references to select articles and additional bibliographic material. Articles from the last 22 years were included in the review (1992-2014. Results: Fifteen articles were found that specifically studied high-risk pregnancies and mental health outcomes. Women with high-risk pregnancies exhibited a significantly higher level of stress and reported negative emotions as they dealt with stress and had worse emotional status than women with normal pregnancies. Researchers found that hospitalized pregnant women had higher levels of anxiety than non-hospitalized women. Studies of women going through normal and high-risk pregnancies show that women with normal pregnancies had good self-perceived quality of life. Conclusion: Special features of high-risk pregnancies could be factors in development of mental distress, in addition to psychological and social factors. Therefore, only a biopsychosocial research study would be able to identify the factors that can affect the quality of mental health during high-risk pregnancy.

  20. RÉGIMEN ESPECIAL DE RECONOCIMIENTO DE LA PERSONALIDAD JURÍDICA DE DERECHO PÚBLICO EN LA LEY N19.638: MARCO LEGAL APLICABLE A LAS IGLESIAS CATÓLICA Y ORTODOXA The 19,638 act special regime for the recognition of public law personality: Legal regulation applicable to chatolic and orthodox chruches

    Directory of Open Access Journals (Sweden)

    Jorge Del Picó Rubic

    2012-01-01

    general regime for churches and religious groups lacking this personality by the time the law went into effect and, on the other hand, a special regime for churches that already had this personality that consisted of recognizing this preexisting legal personality, namely, the Roman, Catholic Apostolic Church and the Orthodox Church linked to the Antioch Patriarchy. This article deals with this special regime by shedding light on the legal framework, the direct sources and material context that presided over the regime creation process, and the effects of this regime. it also anticipates a coherent solution for the emerging interpretative issues. Particularly, it analyzes the legal regulation of the Catholic Church from the perspective of the Ecclesiastic Law of the Chilean State, as well as it proposes an interpretation regarding the legal situation of this church that takes aim at solving one of the most debated issues during the legislative process, whose effects lasts up to this day.

  1. Substance use among adolescents in special education and residential youth care : Prevalence, onset and risk factors

    NARCIS (Netherlands)

    Kepper, A.S.

    2013-01-01

    Adolescents attending special education for learning disabilities (SEL), special education for behavioural problems (SEB) and adolescents living in a residential youth care (RYC) institution present a complex risk profile including severe behavioural and emotional problems, deviant peer networks,

  2. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    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.

  3. Controlling Legal Risk for Effective Hospital Management

    Directory of Open Access Journals (Sweden)

    Hyun Jun Park

    2016-04-01

    Full Text Available Purpose: To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. Materials and Methods: This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Results: Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%. The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years, and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months. Conclusions: Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.

  4. Controlling Legal Risk for Effective Hospital Management.

    Science.gov (United States)

    Park, Hyun Jun; Cho, Duk Young; Park, Yong Sug; Kim, Sun Wook; Park, Jae-Hong; Park, Nam Cheol

    2016-04-01

    To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%). The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years), and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months). Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.

  5. HISTORICAL-PHILOSOPHICAL-LEGAL RESEARCH OF THE PHENOMENON OF THE GENDER AS THE FACTOR OF THE SOCIAL STATUS OF THE UKRAINIAN WOMAN

    Directory of Open Access Journals (Sweden)

    H. F. Moskalyk

    2017-12-01

    Full Text Available Topicality. Under the conditions of Ukraine’s integration into the European community, there is an urgent need to restructure all social institutions, freeing them from all forms of discrimination, including on the basis of gender. Modern problems of the state's socioeconomic development require a new look at the functional roles of men and women, as well as the understanding that the political, economic, cultural future of society depends on overcoming gender stereotypes that are deeply rooted in the social and individual consciousness and inhibit social progress, and also the development of democracy. That is why, today, it is extremely important to study the issue of social influence and the role of women and determine their social status against the backdrop of the historical development of our state. Purpose. The article studies the emergence and adoption of the phenomenon of gender as a factor of the social status of the Ukrainian woman in the historical, philosophical and legal realm. Methodology. In the research process the authors used the methods of analyzing and synthesizing historical sources to study the content and main provisions of philosophical concepts and legal norms that formed the social status of a Ukrainian woman at different historical periods of society development, with their subsequent comparison and generalization. Originality. The work further develops the theory of gender processes with the use of interdisciplinary approaches to the study of the phenomenon of gender in the historical, philosophical and legal field as a factor of the social status of the Ukrainian woman, to critically re-evaluate the value guidelines on the construction of modern society and the formation of new ideas about the role and model of behavior of men and women and their interaction in society. Conclusions. For a long time, the social status of women was formed under the influence of philosophical views and concepts, slowly turned into

  6. Supreme Court Position Regarding the Implementation of International Law Crimes of the Past in Spain: a Legal Analysis after Reports of the un Working Group on Enforced Disappearance, the Committee on Enforced Disappearances and the un Special Rapporteur

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

    Full Text Available Along with the undeniable importance of the case, the judgment of the Spanish Supreme Court in the trial against Judge Baltasar Garzón accused of prevarication, having declared itself competent to investigate complaints for crimes committed during the Civil War and the Franco’s regime, it has had a determining significance: from then to now, the doctrine of the High Court has been almost literally followed by the remaining Spanish courts against any complaint concerning to crimes com- mitted before the last transition to democracy in Spain. This state of affairs has been repeatedly criticized by various bodies of the United Nations, expressly by the three that have visited Spain more recently: The UN Working Group on Enforced or Involuntary Disappearances, the Committee on Enforced Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Repetition. In this contribution will be presented and analysed transcendent positions defended by the Supreme Court regarding the application of international law to the past crimes in Spain and especially its configuration as crimes against humanity, the legal assessment about the enforced disappearance, and the validity and application of the 1977 Amnesty Law.

  7. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    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...

  8. Legal consciousness and legal culture in the context of legal education of future pharmacists

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

    , feelings, people's ideas about law, its place and role in ensuring the freedom of the individual and other universal values. The level of assimilation by members of society of legal values (legal norms and principles, skills of lawful behavior, respect for law, etc., the degree of mastering them and their practical implementation is a legal culture. It is an integral part of the general culture of both the society as a whole and its member, demonstrating the level of rightness and legal activity of society. Conclusions. During the research it was proved that the formation and improvement of the legal consciousness and legal culture is required by student youth, as the main bearer of the intellectual and physical potential of the nation. The issues of formation of legal consciousness and legal culture of students acquires special significance; these categories of youth should be formed not only by professionals of high qualification, but also by highly moral, highly cultured and law-conscious citizens - the real elite of a civilized, democratic society declared by the Constitution of Ukraine.

  9. The socio-psychological factors of family planning with special reference to Iran: a theoretical appraisal.

    Science.gov (United States)

    Sheykhi, M T

    1995-03-01

    Iran's explosive population growth, which increases the country's population by about 1.9 million people annually, is causing a considerable strain on resources and the environment, and the coming generations will be facing a serious situation unless this trend is reversed. The strength of cultural values has not encouraged a declining population growth rate in parallel with the Iranian wave of modernization before and after the revolution. A special cultural revolution is the prerequisite for a demographic revolution. This study is placing main emphasis on the social and psychological factors involved in family planning. The general findings of surveys conducted so far demonstrate that few people know anything about family planning and methods of contraception. Social, cultural, and religious institutions seem to inhibit the expansion of family planning. Moreover, the lack of economic and social security promotes a large family size and prevents contraceptive use. However, social change in Iranian society will eventually be brought about by urbanization, industrialization, and education, and the ensuing modernization of values is expected to increase the use of contraceptives and lead to changes in the associated social and cultural institutions.

  10. Substance use and misuse in the Croatian Army Special Forces: prevalence and influencing factors

    Directory of Open Access Journals (Sweden)

    Damir Sekulic

    2014-02-01

    Full Text Available Objectives: In addition to being a serious health-hazard, substance-use-and-misuse (SUM in military forces negatively infl uences physical fi tness and army readiness. The aim of this study was to defi ne the prevalence of SUM, which includes cigarette smoking, alcohol consumption, and multiple SUM (i.e. practice of daily smoking and harmful alcohol drinking, and factors infl uencing SUM in the Croatian Special Army Forces (SAF. Materials and Methods: We studied 73 SAF members. A self-administered validated questionnaire was used to gather socio-demographic and military-professionrelated data, and SUM factors. The associations between studied variables were established by the Chi2 test, and forward conditional logistic regression (FCLR. Results: With less than 40% of daily smokers, smoking was within expected values. Almost 80% of the examinees reported no binge drinking, while 54% reported harmful drinking according to the Alcohol Use Disorders Identifi cation Test scale. Paternity and education level were negatively associated with daily smoking, while higher incidence of daily smoking was found for privates and those who practiced harmful drinking (all at p < 0.05. The FCLR demonstrated a higher risk of harmful alcohol consumption for younger commissioned offi cers (OR for military rank = 5.54, 95% CI: 2.19-13.99; OR for age = 0.85, 95% CI: 0.76-0.95. Conclusion: Although SUM incidence was not alarming compared to the overall population and the previously reported military data, additional efforts are necessary in order to decrease cigarette consumption. The study showed that protective/risk structure of the substance misuse in the military should be investigated specifi cally with regard to particular military services, corps, and socio-cultural environment.

  11. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  12. Legal psychoactive substances as risk factors for sleep-related bruxism: a nationwide Finnish Twin Cohort study.

    Science.gov (United States)

    Rintakoski, K; Kaprio, J

    2013-01-01

    Different psychoactive factors including alcohol, coffee and tobacco, are considered as risk factors for bruxism. Often, heavy drinking and generous intake of coffee are correlated with smoking. Interactions between these agents may confound studies. The aim was to investigate the possible independent effects of drinking alcohol and coffee consumption on the occurrence of bruxism. Data derived from the Finnish Twin Cohort study consisting of 12,502 twin individuals (45.6% men, 54.4% women, mean age 44 years) born during the 1930-1957. The twins responded to a questionnaire sent in 1990 (response rate of 77%) consisting of 103 multiple-choice questions, seven dealing with tobacco use, four on alcohol use, one about coffee consumption and two with bruxism. Increasing alcohol intake raised the risk for weekly bruxism even when adjusted for smoking status [heavy drinking odds ratio (OR) 1.9; 95% CI 1.23-2.84, binge drinking OR 1.6; 95% CI 1.28-2.12, and passing-out due to excessive alcohol intoxication at least twice within the previous year OR 1.5; 95% CI 1.09-2.18]. The situation was similar to that for coffee consumption of more than eight cups per day (OR 1.4; 95% CI 1.01-1.98). Interaction analyses for 'smoking with risk factors' revealed no statistically significant interactions. Current smoking was an independent risk factor for bruxism in all models (OR 2.3-2.7). Given the observed associations between alcohol drinking, binge drinking, passing-out due to excessive alcohol intake and coffee consumption, the results support our hypothesis of an independent association of both alcohol use, and coffee consumption with bruxism.

  13. Labour Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S

    2000-01-01

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

  14. Labor Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S.

    2000-01-01

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

  15. Risk Factors in the Development of Behaviour Difficulties among Students with Special Educational Needs and Disabilities: A Multilevel Analysis

    Science.gov (United States)

    Oldfield, Jeremy; Humphrey, Neil; Hebron, Judith

    2017-01-01

    Background: Students with special educational needs and disabilities (SEND) are more likely to exhibit behaviour difficulties than their typically developing peers. Aim: The aim of this study was to identify specific risk factors that influence variability in behaviour difficulties among individuals with SEND. Sample: The study sample comprised…

  16. Bacterial blight (Pseudomonas pisi Sackett) of peas in South Africa, with special reference to frost as a predisposing factor

    NARCIS (Netherlands)

    Boelema, B.H.

    1972-01-01

    In the beginning of the nineteen fifties bacterial blight caused much damage to pea crops in South Africa, particularly to those grown for seed production. A study has been made of the causal organism and the conditioning factors of the disease, special attention being paid to frost as a

  17. School-Related Factors Contributing to the Delivery Enhancement of the Special Science Program in Western Visayas, Philippines

    Science.gov (United States)

    Bangcaya, Porferio S.; Alejandro, Grecebio Jonathan D.

    2015-01-01

    In this mixed-method study, the secondary schools in Western Visayas, Philippines offering special science program (SSP) were assessed as basis for delivery enhancement. The SSP along student-related factors and the extent of implementation in the areas of curriculum and instruction, laboratory facilities, and administration in terms of the…

  18. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  19. Factors associated with late specialized rehabilitation among veterans with lower extremity amputation who underwent immediate postoperative rehabilitation.

    Science.gov (United States)

    Kurichi, Jibby E; Xie, Dawei; Kwong, Pui L; Bates, Barbara E; Vogel, W Bruce; Stineman, Margaret G

    2011-05-01

    The aim of this study was to determine what patient- and facility-level characteristics drive late specialized rehabilitation among veterans who already received immediate postoperative services. Data were obtained from eight administrative databases for 2,453 patients who underwent lower limb amputation in Veterans Affairs Medical Centers in 2002-2004. A Cox proportional hazards model was used to determine the hazard ratios and 95% confidence intervals of the factors associated with days to readmission for late services after discharge from surgical hospitalization. There were 2304 patients who received only immediate postoperative services, whereas 152 also received late specialized rehabilitation. After adjustment, veterans who were less disabled physically, residing in the South Central compared with the Southeast region, and had their surgeries in facilities accredited by the Commission on Accreditation of Rehabilitation Facilities were all more likely to receive late services. The hazard ratios for type of immediate postoperative rehabilitation were not constant over time. At hospital discharge, there was no difference in receipt; however, after 3 mos, those who received early specialized rehabilitation were significantly less likely to receive late services. The factors associated with late specialized rehabilitation were due mainly to facility-level characteristics and care process variables. Knowledge of these factors may help with decision-making policies regarding units accredited by the Commission on Accreditation of Rehabilitation Facilities.

  20. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

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

  1. Denial of abortion in legal settings

    OpenAIRE

    Gerdts, Caitlin; DePi?eres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2014-01-01

    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 ...

  2. Complementary Feeding Practice of Mothers and Associated Factors in Hiwot Fana Specialized Hospital, Eastern Ethiopia

    International Nuclear Information System (INIS)

    Semahegn, Agumasie; Girma, Gezahegn Tesfaye

    2014-01-01

    Full text: Background:- In developing world infant and child mortality remain quite high. Malnutrition remains one of the main public health problems in Ethiopia that contributing to 53% of infant and child mortality. Over one third of under-five mortality is caused by under nutrition related to inadequate complementary feeding. Child feeding behaviors are an evidence that having important for a children intellectual, health and survival. Therefore, the objective of the study was to assess of complementary feeding practice of mothers to their young child. Method:- Cross sectional study design was conducted to assess complementary feeding practice of mothers to their young children in Hiwot Fana specialized hospital in January 2013. Two hundred mothers to child pairs were participate in the study to assess their timely initiation practice of complementary feeding and associated factors. Data were collected by using semi-structured questionnaire for face to face interview method. Descriptive statistics, binary and multiple logistic regressions were used for data analysis. Results: The prevalence of timely initiate of complementary feeding was 60.5%. Nineteen percent of mothers were initiating complementary feeding early (before 6 months). The reason for too early initiation of complementary feeding was lack of knowledge and perceived inadequate breast milk production by mothers were 17(47.2%), 11(30.6%) respectively. Mothers have male child three times more likely timely initiate complementary feeding than female child [AOR = 2.9, 95% CI, 1.2, 7.3]. This might be due to traditional gender norm that discriminate female feeding “female eat little talk little” this might start at early age life. Conclusion: More than half of them initiated complementary feeding timely which was low. The main reason reported by the mothers for early initiation of complementary feeding was lack of knowledge. Mothers who have male child were three times more likely timely initiate

  3. A Student Selected Component (or Special Study Module) in Forensic and Legal Medicine: Design, delivery, assessment and evaluation of an optional module as an addition to the medical undergraduate core curriculum.

    Science.gov (United States)

    Kennedy, Kieran M; Wilkinson, Andrew

    2018-01-01

    The General Medical Council (United Kingdom) advocates development of non-core curriculum Student Selected Components and their inclusion in all undergraduate medical school curricula. This article describes a rationale for the design, delivery, assessment and evaluation of Student Selected Components in Forensic and Legal Medicine. Reference is made to the available evidence based literature pertinent to the delivery of undergraduate medical education in the subject area. A Student Selected Component represents an opportunity to highlight the importance of the legal aspects of medical practice, to raise the profile of the discipline of Forensic and Legal Medicine amongst undergraduate medical students and to introduce students to the possibility of a future career in the area. The authors refer to their experiences of design, delivery, assessment and evaluation of Student Selected Components in Forensic and Legal Medicine at their respective Universities in the Republic of Ireland (Galway) and in the United Kingdom (Oxford). Copyright © 2017. Published by Elsevier Ltd.

  4. Work-related musculoskeletal disorders and ergonomic risk factors in special education teachers and teacher’s aides

    Directory of Open Access Journals (Sweden)

    Hsin-Yi Kathy Cheng

    2016-02-01

    Full Text Available Abstract Background Work-related musculoskeletal disorders (WMSDs have become increasingly common among health-related professionals. Special education personnel who serve students with disabilities often experience physical strains; however, WMSDs have been overlooked in this population. The objectives of this study were to investigate the work-related ergonomics-associated factors in this population and to evaluate their correlation with the WMSDs prevalence. Methods A questionnaire with three domains, namely demographics, prevalence of work-related musculoskeletal disorders, and ergonomic factors, designed by our research team was delivered to educators who work in special education schools. Results Approximately 86 % of the 388 special education school teachers and teacher’s aides in this study experienced musculoskeletal disorders. The lower back, shoulder, and wrist were the three most affected regions. A logistic regression analysis revealed that the participants’ background factors, namely >5.5 years of experience (odds ratio [OR] = 4.090, 95 % CI: 1.350-12.390, students with multiple disorders (OR = 2.412, 95 % CI: 1.100-5.287, and other work-related ergonomic factors (assistance in diaper changing and others duties, were strongly associated with the prevalence of WMSD. Nap habit (OR = 0.442, 95 % CI: 0.230-0.851 and having teaching partners in the same class (OR = 0.486, 95 % CI: 0.250-0.945 resulted in low possibility of acquiring WMSDs. The use of supportive devices was associated with a low WMSD prevalence. Conclusions The present study revealed an association between WMSDs and specific job features among teachers and teacher’s aides in special education schools. Future efforts should emphasize examining safe student-handling ergonomics, formulating policies regarding student-teacher ratio, incorporating mandatory break times at the workplaces, and promoting personal health for preventing work

  5. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  6. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

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

  7. Technology Transfer in Digital Era: Legal Environment

    Directory of Open Access Journals (Sweden)

    Ivan Anatol’yevich Bliznets

    2018-03-01

    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.

  8. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    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)

  9. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

    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 ...

  10. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  11. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  12. [Legalization of drugs--pro and con].

    Science.gov (United States)

    Marjanović-Cengić, S

    2001-01-01

    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.

  13. The dominant factors affecting agricultural land use (rice field change in Yogyakarta Special Province

    Directory of Open Access Journals (Sweden)

    Hadi Sabari Yunus

    2013-07-01

    The research shows that the period of 1980 - 2000 in Yogyakarta Special Province has indicated very significantly the increase in population, the development of road and the extension of built up area. For the time being, agricultural land mainly in Sleman Regency, Bantul Regency and Yogyakarta Municipality has decreased. Sleman regency performed the largest decrease of rice field and followed after then by Bantul regency and Yogyakarta Municipality. The regency of Kulon Progo and Gunung Kidul have experienced reverse phenomenon i.e. the increase of rice field during this period. Individually or simultaneously, three variables used in this research (number of people, road's length and built up area have significantly influenced the agricultural land use.

  14. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    . 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...

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    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...

  16. Access to Information Through Legal Deposit Libraries in South ...

    African Journals Online (AJOL)

    Legal depositories in South Africa are intended to ensure that the sources of the country‟s heritage are collected, controlled bibliographically, preserved and made accessible for present and future generations. The guarantee of access to legal deposit materials depends on a number of factors affecting legal deposit ...

  17. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    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

  18. Insegurança alimentar em domicílios com adolescentes da Amazônia Legal Brasileira: prevalência e fatores associados Inseguridad alimentaria en domicilios con adolescentes de la Amazonia Legal Brasileña: prevalencia y factores asociados Food insecurity in households with adolescents in the Brazilian Amazon: prevalence and associated factors

    Directory of Open Access Journals (Sweden)

    Lúcia Dias da Silva Guerra

    2013-02-01

    Full Text Available Estudo transversal de base populacional, realizado em 2007, para investigar a prevalência de insegurança alimentar e fatores associados em domicílios com adolescentes da área urbana de quatro municípios da Amazônia Legal Brasileira, abrangência da rodovia BR-163, que liga Cuiabá, Mato Grosso, a Santarém, Pará. Aplicou-se a Escala Brasileira de Insegurança Alimentar a uma amostra de 363 domicílios e se realizou avaliação antropométrica de 534 adolescentes com idade entre 10 e 19 anos. Na análise múltipla, utilizou-se o modelo de regressão de Poisson. Os resultados apresentaram uma prevalência de 23,1% de insegurança alimentar moderada e grave, indicando associação com as seguintes categorias: baixa renda familiar, condições de saneamento precárias, naturalidade do Estado de Mato Grosso e raça/cor (preta do adolescente. Os resultados apontam a necessidade de ações para a melhoria do acesso ao saneamento básico, a qualificação de recursos humanos visando à geração de emprego e renda e a ações educativas que ampliem a compreensão sobre insegurança alimentar e seus determinantes nos municípios.Estudio transversal de base poblacional, realizado en 2007, para investigar la prevalencia de la inseguridad alimentaria y factores asociados en domicilios con adolescentes del área urbana de cuatro municipios de la Amazonia Legal, que abarca la carretera BR-163, que conecta Cuiabá, Mato Grosso, con Santarém, Pará. Se aplicó la Escala Brasileña de Inseguridad Alimentaria a una muestra de 363 domicilios y se realizó una evaluación antropométrica de 534 adolescentes con edades comprendidas entre 10 y 19 años. En el análisis múltiple, se utilizó el modelo de regresión de Poisson. Los resultados presentaron una prevalencia de un 23,1% de inseguridad alimentaria moderada y grave, indicando asociación con las siguientes categorías: baja renta familiar, condiciones de saneamiento precarias, originario del estado

  19. Transverse shear effects on the stress-intensity factor for a circumferentially cracked, specially orthotropic cylindrical shell

    Science.gov (United States)

    Delale, F.; Erdogan, F.

    1977-01-01

    The problem of a cylindrical shell containing a circumferential through crack is considered by taking into account the effect of transverse shear deformations. The formulation is given for a specially orthotropic material within the confines of a linearized shallow shell theory. The particular theory used permits the consideration of all five boundary conditions regarding moment and stress resultants on the crack surface. Consequently, aside from multiplicative constants representing the stress intensity factors, the membrane and bending components of the asymptotic stress fields near the crack tip are found to be identical. The stress intensity factors are calculated separately for a cylinder under a uniform membrane load, and that under a uniform bending moment. Sample results showing the nature of the out-of-plane crack surface displacement and the effect of the Poisson's ratio are presented.

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

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2018-01-01

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

  1. Prognostic factors in Hodgkin's disease stage III with special reference to tumour burden

    DEFF Research Database (Denmark)

    Specht, L.; Nissen, N.I.

    1988-01-01

    of lymphographically involved regions), histologic subtype, B-symptoms, number of involved regions, mediastinal involvement, pretreatment ESR, sex, age, laparotomy, and substage were examined in multivariate analysis. With regard to disease-free survival, total tumour burden (intraabdominal and peripheral...... regarding early stage disease to the effect that tumour burden is the single most important prognostic factor in Hodgkin's disease....

  2. Effects of bioprocessed antinutritional factors on bean protein quality : with special emphasis on Phaseolus vulgaris L.

    NARCIS (Netherlands)

    Savelkoul, F.

    1994-01-01

    Legumes, e.g. beans and peas, can contain antinutritional factors. Some varieties of faba beans (Vicia faba), soya beans (Glycine max ) and white kidney beans (Phaseolus vulgaris) can contain in their raw state antinutritional

  3. ABCE1: A special factor that orchestrates translation at the crossroad between recycling and initiation

    Czech Academy of Sciences Publication Activity Database

    Mancera-Martínez, E.; Brito Querido, J.; Valášek, Leoš Shivaya; Simonetti, A.; Hashem, Y.

    2017-01-01

    Roč. 14, č. 10 (2017), s. 1279-1285 ISSN 1547-6286 R&D Projects: GA ČR(CZ) GA14-05394S Institutional support: RVO:61388971 Keywords : ABCE1 * cryo-EM * ribosome Subject RIV: EE - Microbiology, Virology OBOR OECD: Microbiology Impact factor: 3.900, year: 2016

  4. Oblique-Length Contraction Factor in the Special Theory of Relativity

    Directory of Open Access Journals (Sweden)

    Smarandache F.

    2013-01-01

    Full Text Available In this paper one generalizes the Lorentz Contraction Factor for the case when the lengths are moving at an oblique angle with respect to the motion direction. One shows that the angles of the moving relativistic objects are distorted.

  5. Constipation in specialized palliative care: factors related to constipation when applying different definitions.

    Science.gov (United States)

    Erichsén, E; Milberg, A; Jaarsma, T; Friedrichsen, M

    2016-02-01

    For patients in palliative care, constipation is primarily a result of opioid treatment. Impacts from other factors related to constipation in palliative care are rarely studied. The aim was to identify factors related to constipation in patients in palliative care, and then to compare these factors between patients with different types of constipation and patients without constipation. Cross-sectional data on constipation was collected with a 26-item questionnaire from 485 patients in 38 specialist palliative care units in Sweden. Three different constipation groups were used; MC ONLY, PC ONLY, and MC & PC. Logistic regression analyses were used to calculate odds ratios. Patients with constipated, PC ONLY, (n = 93) had higher odds of having poor appetite, hemorrhoids, hard stool, more opioid treatment, less laxative treatment and of being more dissatisfied with constipation information. Patients with both constipated, MC & PC, (n = 78) had higher odds of having cancer- disease. There were several significant factors related to constipation with higher odds than opioid- treatment, for patients in palliative care, such as; hard stool, cancer diagnosis, dissatisfaction with information, low fluid intake, hemorrhoids, bed restriction, hospitalization, and need of personal assistance for toilet visits.

  6. Contractures with special reference in elderly: definition and risk factors - a systematic review with practical implications.

    Science.gov (United States)

    Offenbächer, M; Sauer, S; Rieß, J; Müller, M; Grill, E; Daubner, A; Randzio, O; Kohls, N; Herold-Majumdar, A

    2014-01-01

    Contractures are common problems for the elderly with far reaching functional and medical consequences. The aim of this systematic literature review was to give an overview of contracture and to identify potential risk factors associated with contractures. A systematic literature search with two objectives limited to the last 10 years was performed to identify studies dealing with definition of contracture (objective 1 = O1) and with risk factors (objective 2 = O2). Predefined information including age, sample size, study design, setting, condition, joint, definition of contracture, mode of measurement, and whether inter- and/or intra-rater reliability were assessed, as well as risk factors of contracture were extracted. One hundred and sixty one and 25 studies were retrieved. After applying exclusion criteria 47 studies (O1) and 3 studies (O2) remained. Only 9 studies (O1) provided a definition of contracture. In 3 studies (O2) several potential risk factors were identified. In most of the studies it seems that the presence of a contracture is equivalent with the presence of restriction in the range of motion (ROM) of a joint. Very little is known about risk factors for contractures. But it seems that immobility may play a pivotal role in the development of this condition. IMPLICATION FOR REHABILITATION: The prevalence of contractures in nursing home residents is estimated at 55% with significant functional and medical consequences. In most studies, which were published in the last 10 years, the presence of a contracture is equivalent with the presence of restriction in the range of motion of a joint. Immobility seems to play a role in the development of contractures. Potential avenues to prevention of contractures and subsequent functional limitations are exercise programmes for and maintenance of mobility of the elderly.

  7. Specialized science.

    Science.gov (United States)

    Casadevall, Arturo; Fang, Ferric C

    2014-04-01

    As the body of scientific knowledge in a discipline increases, there is pressure for specialization. Fields spawn subfields that then become entities in themselves that promote further specialization. The process by which scientists join specialized groups has remarkable similarities to the guild system of the middle ages. The advantages of specialization of science include efficiency, the establishment of normative standards, and the potential for greater rigor in experimental research. However, specialization also carries risks of monopoly, monotony, and isolation. The current tendency to judge scientific work by the impact factor of the journal in which it is published may have roots in overspecialization, as scientists are less able to critically evaluate work outside their field than before. Scientists in particular define themselves through group identity and adopt practices that conform to the expectations and dynamics of such groups. As part of our continuing analysis of issues confronting contemporary science, we analyze the emergence and consequences of specialization in science, with a particular emphasis on microbiology, a field highly vulnerable to balkanization along microbial phylogenetic boundaries, and suggest that specialization carries significant costs. We propose measures to mitigate the detrimental effects of scientific specialism.

  8. Legal English Through Movies: Development of Professional Communicative Competence

    Directory of Open Access Journals (Sweden)

    Vyushkina Elena

    2016-06-01

    Full Text Available Legal English (LE has evolved as a distinct, highly demanded part of ESP in the recent years of globalisation. Many specialised textbooks have been published lately, but the professional communication aspect lacks sufficient coverage. This article presents a project, which is a teaching manual entitled Legal English through Movies, that has grown from the author’s experience using video in the LE classroom. A general methodology of using authentic video in language teaching is briefly covered to explain why and how feature films were initially used by the author. The idea of using movies for developing law students’ professional communicative competence has shifted the emphasis from pure language training to forming professional communication skills. The applied method takes into consideration both linguistic and extra-linguistic factors of professional communication. Special attention is paid to language patterns typical of different communicative situations within various areas of legal practice along with peculiarities of cross-cultural communication. Not covering all spheres of LE teaching the results enhance education kits for such course topics as Criminal Law, Tort Law, and Civil Procedure as well as provide training materials for mastering professional skills in typical communicative situations (lawyer - client, lawyer - lawyer, etc.. The approach introduced here can be expanded to different ESP fields as well.

  9. Clinical Study of Hypertension in Elderly with Special Reference to Risk Factors and End Organ Damage

    OpenAIRE

    Kumar, PrakashKumar; Jadhav, kunal; Biswas, T. K.; Mehta, Varshil

    2014-01-01

    Objective: Hypertension is the most common risk factor for cardiovascular and cerebrovascular diseases. A developing country undergoing epidemiological transition faces the double burden of communicable and non-communicable diseases; of the latter, hypertension is one of the most important treatable causes of mortality and morbidity with loss of functional capacity and decline in the quality of life. Aim of this study was to study the prevalence and correlation between clinical profile,...

  10. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  11. Handbook of Special Education

    Science.gov (United States)

    Kauffman, James M., Ed.; Hallahan, Daniel P., Ed.

    2011-01-01

    Special education is now an established part of public education in the United States--by law and by custom. However, it is still widely misunderstood and continues to be dogged by controversies related to such things as categorization, grouping, assessment, placement, funding, instruction, and a variety of legal issues. The purpose of this…

  12. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    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...

  13. Personality traits of the Five-Factor Model are associated with work-related stress in special force police officers.

    Science.gov (United States)

    Garbarino, S; Chiorri, C; Magnavita, N

    2014-04-01

    The police work is particularly stressful. The aim of this work was to clarify whether the personality factors are associated with perceived stress levels or reactivity to environmental stressors in a special body of police. The police officers in charge of guaranteeing public order at the L'Aquila G8 meeting were subjected to a control of their levels of work-related stress in anticipation of the event. Personality was assessed by the Italian version of the Five-Factor Model questionnaire, while stress was measured three times (during routine work in January 2009, preparation and imminence of the event, in April and July 2009, respectively) with the demand/control/support model of Karasek and the effort/reward imbalance model of Siegrist. A total of 289 of 294 officers took part in the survey. Some personality traits of the Five-Factor Model were associated with stress levels and stress reactivity. Neuroticism (low emotional stability) showed the strongest associations with job strain (demand/control ratio) (β = 0.115, p Personality factors may mitigate or increase the strain induced by environmental stressors.

  14. Factors Constraining Local Food Crop Production in Indonesia: Experiences from Kulon Progo Regency, Yogyakarta Special Province

    Directory of Open Access Journals (Sweden)

    RADEN RIJANTA

    2013-01-01

    Full Text Available Local food crops are believed to be important alternatives in facing the problems of continuously growing price of food stuff worldwide. There has been a strong bias in national agricultural development policy towards the production of rice as staple food in Indonesia. Local food crops have been neglected in the agricultural development policy in the last 50 years, leading to the dependency on imported commodities and creating a vulnerability in the national food security. This paper aims at assessing the factors constraining local food production in Indonesia based on empirical experiences drawn from a research in Kulon Progo Regency, Yogyakarta Province. The government of Kulon Progo Regency has declared its commitment in the development of local food commodities as a part of its agricultural development policy, as it is mentioned in the long-term and medium-term development planning documents. There is also a head regency decree mandating the use of local food commodities in any official events organized by the government organisations. The research shows that there are at least six policy-related problems and nine technical factors constraining local food crops production in the regency. Some of the policy-related and structural factors hampering the production of local food crops consist of (1 long-term policy biases towards rice, (2 strong biases on rice diet in the community, (3 difficulties in linking policy to practices, (4 lack of information on availability of local food crops across the regency and (5 external threat from the readily available instant food on local market and (6 past contra-productive policy to the production of local food crops. The technical factors constraining local food production comprises (1 inferiority of the food stuff versus the instantly prepared food, (2 difficulty in preparation and risk of contagion of some crops, lack of technology for processing, (3 continuity of supply (some crops are seasonally

  15. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    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

  16. On terrorism and legal response in Albania

    Directory of Open Access Journals (Sweden)

    Engjëll Likmeta

    2015-07-01

    Full Text Available Legal Albanian doctrine encompasses different meanings in relation to terrorism. This paper aims to give a general overview on various definitions of terrorism, as one of the main threatening phenomenon of our society. The paper also treats the origin of the word ‘terrorism’, back to the French Revolution of 1789 as the label used by the establishment to describe the conduct of revolutionaries. In this paper will be treated the main factors that have affected over the creation and development of terrorism, the content, format and main characteristics of terrorism, the main forms of occurrence of terrorist acts and Albanian legal mechanisms in the fight against terrorism, including the International agreements of which Albania is part of. Special attention will be paid to the moment when terrorist activities started in Albania and which are the most common forms of terror in Albania. The study of terrorism is multi-disciplinary, spanning a number of fields including political science, psychology, criminology, sociologist, history and many others. There are not few criminal norms provided in the Albanian Criminal Code that condemn terrorism. The Albanian Criminal Code expresses in separated articles the punishment of everyone who finances terrorism, hides funds and other assets that finance terrorism, even collects funds for terrorism financing, recruits persons for committing acts of terrorism or for terrorist financing, trains for committing terrorism acts, or makes public calls with terrorist purposes. A key challenge of understanding terrorism is both acknowledging the moral outrage at terrorist acts, while at the same time trying to understand the rationale behind terrorism.

  17. [Characterization of Streptococcus uberis with special consideration of supposed pathogenicity factors].

    Science.gov (United States)

    Christ, D; Lämmler, C

    1992-07-01

    Streptococcus uberis, as one of the principal causes of bovine streptococcal mastitis, has been characterized serologically and biochemically. Serological grouping of S. uberis revealed polysaccharide antigens of groups E, G, P and U. The biochemical properties of S. uberis, determined with the Strep-Zym identification system, differed clearly from those of S. agalactiae and S. dysgalactiae. Some cultures of S. uberis produced the enzymes hyaluronidase and neuraminidase. In addition S. uberis partly demonstrated CAMP-like synergistic hemolytic activities on sheep blood agar, reacted specifically with the lectins from Helix pomatia and Dolichos biflorus and produced bacteriocin-like inhibitors. This reactions, possibly of importance as virulence factors, as well as "DNA-fingerprinting" of S. uberis, might serve as individual markers of the respective cultures in epidemiological studies.

  18. Factors that affect parent perceptions of provider-family partnership for children with special health care needs.

    Science.gov (United States)

    Knapp, Caprice A; Madden, Vanessa L; Marcu, Mircea I

    2010-09-01

    Partnering between families and their children's providers is a cornerstone of family-centered care. This study aimed to identify factors associated with family-provider partnership and determine the association between partnership and other outcome measures for children with special health care needs (CSHCN). Descriptive, bivariate, and multivariate analyses were conducted using data from the 2005-2006 National Survey of Children with Special Health Care Needs. Multivariate models showed that CSHCN who are White non-Hispanic, younger than 12, reside in households with incomes above 400% of the federal poverty level, and have a usual source of care were associated with family-provider partnership. Multivariate models showed that family-provider partnership was significantly associated with adequate insurance, early and continual screening, organized health care services, and transition preparedness. Family-provider partnership was associated with 20% fewer emergency department visits and 9% fewer school days missed. This study suggests that policies aimed at promoting family-provider partnership could increase health outcomes for CSHCN.

  19. Severity of cotton whitefly (bemisia tabaci genn.) population with special reference to abiotic factors

    International Nuclear Information System (INIS)

    Zia, K.; Bashir, M.H.; Khan, B.S.; Khan, R.R.; Hafeez, F.

    2013-01-01

    Bemisia tabaci is serious insect and constantly destabilizing the cotton production. The research was conducted to evaluate cotton cultivars (transgenic and non transgenic) for resistance against whitefly and further correlated with weather factors such as temperature, relative humidity and rainfall, during the cropping seasons 2010 and 2011. However, peak population (6.36 per leaf) was recorded from FH-113 followed FH-167 and FH-114, whereas minimum population was recorded from FH-4243 in transgenic group whereas peak population (5.24 per leaf) was recorded from FH- 941 followed by FH-100 and FH- 901 while minimum population was recorded from FH-207, in non transgenic group of cultivars in the year 2010. The incidence and abundance was much high and reaching towards two folds in the year 2011 but the trend of whitefly varied with peak population (11.03 per leaf) recorded from FH -167 followed by FH- 4243 and FH113 (from transgenic group of cultivars) whereas a peak of 10.77 per leaf population of whitefly, recorded followed by FH-901 and FH-941 (from non transgenic group of cultivars). FH-207 found more resistant from all ten cultivars studied in 2011. Correlation among weather factors and whitefly population showed that rainfall was negatively correlated while temperature and relative humidity were positively correlated with whitefly population. In addition to that situation is becoming worse because of shifting from conventional to more advanced transgenic cultivars that are susceptible and serve as host. Moreover, climatic conditions provide addition favor and helps in population buildup, abundance and incidence. (author)

  20. Legal Drama and Audiovisual Translation: The Role of Legal English in the Construction of Stereotyped Representations

    Directory of Open Access Journals (Sweden)

    Zottola Angela

    2017-03-01

    Full Text Available Considering the overwhelming amount of media products that we are subjected to in the 21st century and the way in which those inevitably influence our perception of reality, this research pays specific attention to the role of the media in the construction and enhancement of stereotypes in everyday life, via the language or, more specifically, specialized languages. In particular, this paper aims to investigate an American legal TV series in order to analyze the way in which legal English is used in dialogues. The major research questions are: to what extent such a kind of specialized discourse may be really understood by the greater audience? How does legal drama participate in the shaping of stereotypes relating to the legal environment in the country where it is produced, and cross-culturally, bearing in mind the prominence of “made in the USA” products in the television programming across the world? Ultimately, in the light of the previous questions, should the growing field of research in audiovisual translation extend its investigation into the area of legal English? Taking into consideration the seminal work of Pedersen (2008 and Diaz Cintas (2008 in the field of Audiovisual Translation (AVT, the study will examine the subtitling techniques employed for this atypical genre. Through the analysis of a corpus comprising several dialogues from a collection of episodes of the legal show Reckless, the paper will mostly focus on gender representations and their most common linguistically enhanced stereotypes.

  1. Longitudinal child-oriented dietary intervention: Association with parental diet and cardio-metabolic risk factors. The Special Turku Coronary Risk Factor Intervention Project.

    Science.gov (United States)

    Jaakkola, Johanna M; Pahkala, Katja; Rönnemaa, Tapani; Viikari, Jorma; Niinikoski, Harri; Jokinen, Eero; Lagström, Hanna; Jula, Antti; Raitakari, Olli

    2017-11-01

    Background The child-oriented dietary intervention given in the prospective Special Turku Coronary Risk Factor Intervention Project (STRIP) has decreased the intake of saturated fat and lowered serum cholesterol concentration in children from infancy until early adulthood. In this study, we investigated whether the uniquely long-term child-oriented intervention has affected also secondarily parental diet and cardio-metabolic risk factors. Methods The STRIP study is a longitudinal, randomized infancy-onset atherosclerosis prevention trial continued from the child's age of 8 months to 20 years. The main aim was to modify the child's diet towards reduced intake of saturated fat. Parental dietary intake assessed by a one-day food record and cardio-metabolic risk factors were analysed between the child's ages of 9-19 years. Results Saturated fat intake of parents in the intervention group was lower [mothers: 12.0 versus 13.9 daily energy (E%), p cardio-metabolic risk factors were similar in the study groups. Conclusions Child-oriented dietary intervention shifted the dietary fat intakes of parents closer to the recommendations and tended to decrease total and low-density lipoprotein cholesterol in the intervention mothers. Dietary intervention directed to children benefits also parents.

  2. CONTEMPORARY ISSUES OF LEGAL PERSONALITY IN INTERNATIONAL LAW. FACTUAL AND NORMATIVE PROBLEMS

    OpenAIRE

    MATEJ SAVIĆ

    2016-01-01

    In this paper, the author deals with current theoretical issues of international legal personality. Special attention is paid to the growing conflict between the factual and normative dimensions of general legal capacity of subjects of international law. Contemporary trends and respective theoretical concepts are analyzed, especially regarding actual processes and challenges that are imposed in the definition of legal personality in international law.

  3. Determinant Factors of Rural Income Distribution with Special Reference to Information and Communication Technology

    Directory of Open Access Journals (Sweden)

    Hamid Sepehrdoust

    2014-06-01

    Full Text Available The aim of this study is to evaluate the impact of information and communication technology development on economic development and income distribution of rural communities and to answer this question that whether the development of information and communication technologies in rural areas could improve income distribution condition in these communities or not. To this end, data on 30 province of country during 2000-2009 and panel data method has used. Results approves Kuznet's inverted U theory with respect to the economic growth and income distribution and shows that information and communication technology development has improved the income distribution and economic justice in country's rural communities. The negative and significant coefficient (-0.15, of number of computer users among rural households, show that the development of information and communication technologies in rural areas of the country play as a factor for improving income distribution in these communities. The model estimation also showed a significant and positive effect of urbanization and unemployment on the dependent variable. This means that with rising unemployment, the condition of income distribution has worsened in rural communities during the period of study.

  4. Special Education Finance in California

    Science.gov (United States)

    Hill, Laura; Warren, Paul; Murphy, Patrick; Ugo, Iwunze; Pathak, Aditi

    2016-01-01

    California's system of special education served about 718,000 students in 2014-15, or about 11.5 percent of the K-12 population. It is expensive, consuming some $12 billion in federal, state, and local dollars annually. Special education operates within a legal framework that sets it apart from the rest of the K-12 system. The state's enactment of…

  5. Factors promoting or potentially impeding school success: disparities and state variations for children with special health care needs.

    Science.gov (United States)

    Bethell, Christina; Forrest, Christopher B; Stumbo, Scott; Gombojav, Narangerel; Carle, Adam; Irwin, Charles E

    2012-04-01

    School success predicts many pathways for health and well-being across the life span. Factors promoting or potentially impeding school success are critical to understand for all children and for children with special health care needs (CSHCN), whose life course trajectories are already impacted by their chronic health problems. The 2007 National Survey of Children's Health was used (1) to estimate national and state prevalence and within and across states disparities in factors promoting school success (engagement, participation, safety) or potentially impeding success (missing school, grade repetition, school identified problems) for all children and CSHCN and (2) to evaluate associations with CSHCN service need complexity and presence of emotional, behavioral or developmental problems (EBD) as well as with school case management policies in states. Among school age children, 60 % experienced all three factors promoting school success (49.3-73.8 % across states), dropping to 51.3 % for CSHCN (39.4-64.7 % across states) and to 36.2 % for the 40 % of all CSHCN who have both more complex service needs and EBD. CSHCN were more likely to experience factors potentially impeding school success. After accounting for child factors, CSHCN living in states requiring case management in schools for children with disabilities were less likely to experience grade repetition (OR 0.65). Within-state disparities between non-CSHCN and CSHCN varied across states. Threats to school success for US children are pervasive and are especially pronounced for CSHCN with more complex needs and EBD. Findings support broad, non-condition specific efforts to promote school success for CSHCN and consideration of state school policies, such as case management.

  6. Legal framework for food fortification

    DEFF Research Database (Denmark)

    Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D

    2013-01-01

    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...

  7. Bioscience-bioethics and life factors affecting reproduction with special reference to the Indigenous Australian population.

    Science.gov (United States)

    Pollard, Irina

    2005-04-01

    The demand for equality of recognition or respect is the dominant passion of modernity. The 20th century experienced a giant leap in technological inventiveness and ruthless use of technological power. In the 21st century, human welfare and environmental wellbeing demand fundamental political appraisal. We have the means, if we choose, to eradicate poverty and to responsibly protect the global environment. However, economic, political and cultural systems act to differentially allocate the benefits and risks for growth between socioeconomic groups. For example, it is a matter of pride that the neonatal mortality rate in affluent societies has dropped substantially since the late 1970s. However, the level of infant mortality (three times the national average) and low birthweight (13%) among the Indigenous Australian population is the highest in the country. With hindsight we now know that is the inevitable legacy of Australia's colonial history. Chronic physical and psychological stress is recognized as an important etiological factor in many lifestyle diseases of the cardiovascular, immune and reproductive systems. Diseases of adaptation are further advanced by non-adaptive lifestyle choices, depression, alcoholism and other drug dependencies. This review describes the principles of bioscience ethics and targets equity issues as they affect human reproduction across generations with particular reference to the Indigenous population of Australia. The review also considers ways we may advance global and cultural maturity from the Indigenous Australian perspective and proposes an ecologically based model of preventative care. If we are to embrace fundamental social change and protect future children without threatening parents' basic freedoms, then new beliefs and priorities--based on a compassionate understanding of biological systems--must evolve from the general public. Belief in human rights arising from a sense of human dignity is a collective outcome originating

  8. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  9. Innovative Legal Approaches to Address Obesity

    Science.gov (United States)

    Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D

    2009-01-01

    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

  10. Legal procedures regarding state budget expenditure

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-03-01

    Full Text Available Government spending and the procedures for making them can be examined on the basis of many of public regulations, which are the legal grounds for these expenditure. The procedures of government spending can be studied in the field of personal expenditure of the state budget (including salaries, pensions and social benefits. Appropriate procedures are related to expenditure for purchases of goods and services and for making of public investments (e.g. public roads and buildings. An extensive area of expenditure is in the form of grants. There are special legal ways for transferring the budget grants to different legal organizations and entities. The state expenditure are fixed in the Budget Act. The implementation of the budgetary expenditure needs to take up, by state authorities and agencies, thousands of individual and concrete actions (e.g. the contracts, administrative decisions, other activities. That is, in the Budget Act fixed expenditure have, in principle, normative act features.

  11. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    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....

  12. Prevalence and risk factors of low back pain among nurses in Africa: Nigerian and Ethiopian specialized hospitals survey study.

    Science.gov (United States)

    Sikiru, Lamina; Shmaila, Hanif

    2009-04-01

    The mechanical hazards in the hospitals include low back pain (LBP) from manual lifting (lifting patients in particular) which makes nursing one of the occupations most affected by LBP. Nurses are required to lift and transport patients or equipments, often in difficult environment particularly in developing nations like Africa, where lifting aids are not always available or practicable. The objective of this study was to determine the prevalence and risk factors of LBP among nurses in African. A cross-sectional study was designed and used to determine the prevalence and risk factors for LBP among nurses in a typical Nigerian (Murtala Muhammed Specialist Hospital [MMSHI) and Ethiopian (Jimma University Specialized Hospital [JUSH]) Specialized Hospitals. A department-to-department enquiry was conducted using a self structured valid and reliable questionnaire. Simple percentage (%) and Chi square were used to analyze variables of interest. Five hundred and eight respondents (178 [35%] males and 330 [65%] females) participated in the study. The 12 month prevalence of low back pain (LBP) was 360 (70.87%). LBP was more prevalent among female nurses (67.5%) than the male nurses (32.5%). It was also associated with occupational hazard and poor knowledge of back care ergonomics. The prevalence of LBP was highest among nurses in Obstetrics and Gynecology Unit (26.67%) and least among tutors (4.17%).There was no significant difference between Nigeria and Ethiopian nurses' responses in prevalence, etiology and knowledge of back care. However, there was a significant association between gender, knowledge of back-care ergonomics and prevalence of LBP at pwork place contrary to those reported outside Africa. Nurses only lost 202 days (0.15%) of the total working (131,400) days, this is considerably very low. Though, longer sick leaves (7563 days) were medically advised and applied for, However, only about 2.7% of the applied sick leaves was granted on technical or

  13. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

    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.

  14. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

    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.

  15. Liability of Legal Person in Indonesia: A Statutory and Practical Review

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi

    2013-01-01

    Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

  16. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

    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.

  17. Investment Activities within the Legal Framework of the World Trade Organization

    Directory of Open Access Journals (Sweden)

    Gulnara Ruchkina

    2015-01-01

    Full Text Available This article contains an analysis of legal regulation of investment activities within the framework of the WTO. It considers factors that promote the establishment of a favorable investment climate, including the availability of special legislation, an efficient law enforcement practice and, as noted by many experts, availability and clarity of the judicial mechanism for the protection of violated rights. Recent foreign experience is analyzed and some issues of investment dispute settlement are considered. The article also deals with issues concerning the formation of competitive relations that, in their turn, also constitute an important factor of a state’s investment appeal.Investment activities constitute a popular type of entrepreneurial activity. Every state, regardless of where it is located or its level of economic development, aims to increase its investment activities and raise foreign investment inflow. To do this they adopt national regulatory acts and sign bilateral agreements, multilateral agreements, and execute international legal acts in the area of investment activities. This results in the need for examination of legal regulation in this area. Russia joining the WTO has resulted in regular revisions of current legal regulation, in particular in the law on foreign investments.

  18. Violência doméstica e Juizados Especiais Criminais: análise a partir do feminismo e do garantismo Domestic violence and Special Criminal Courts: analysis from the legal feminism and penal criticism perspectives

    Directory of Open Access Journals (Sweden)

    Carmen Hein de Campos

    2006-09-01

    Full Text Available Este artigo pretende demonstrar a possibilidade de análise crítica da Lei 9.099/95 a partir de dois discursos considerados marginais no campo do direito penal: o feminismo jurídico e o garantismo penal. Considerando a vítima no momento do crime e o autor do fato durante o processo penal, esses discursos interagem, procurando construir um diálogo para demonstrar a ineficácia da lei em ambas as perspectivas.This article aims at demonstrating the possibility of criticism about the criminal law (Lei 9.099/95 from two perspectives seen as marginal within penal law studies: the legal feminism and the penal criticism (garantismo. Taking into account the victim's condition and the defendant's rights during the criminal proceedings, such discourses are linked to show the inefficacy of that law towards both the victim and the defendant.

  19. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  20. Malnutrition and associated factors among heart failure patients on follow up at Jimma university specialized hospital, Ethiopia.

    Science.gov (United States)

    Amare, Hiwot; Hamza, Leja; Asefa, Henok

    2015-10-15

    Malnutrition and cachexia are serious consequences of numerous chronic diseases. Severe heart failure patients could be related with marked weight loss. Malnutrition is associated with poor prognosis among heart failure patients. Despite its implication, factors associated with malnutrition among heart failure patients in Africa and Ethiopia was not addressed. Hence, in this study we tried to determine factors associated with malnutrition among heart failure patients on follow up at Jimma University specialized hospital, Ethiopia. A cross-sectional study was done on 284 randomly selected heart failure patients. The nutritional status of the patients was assessed based on their serum albumin level (normal value 4-5 mg/dl) and triceps skin fold thickness. The data was analyzed using SPSS version 20.0. Multivariable logistic regression was used to identify factors associated with malnutrition among heart failure patients using SPSS 20.0. Based on serum albumin and triceps skin fold thickness, 77.8 % of patients were malnourished. Mean age of the patients was 48.3 ± 15.9 years. The commonest cause of heart failure was ischemic heart disease (34.9 %). Hypertension (36 %) was the commonest co morbid disease. Forty four percent of patients had New York heart association functional class II heart failure. Serum hemoglobin (AOR = 0.77, 95 % CI: 0.67-0.92) was found to be significantly associated with nutritional status of heart failure patients. As serum hemoglobin increases by 1gm/dl, the risk of malnutrition decreased by 15 % (P value = 0.03). The majority of patients were malnourished. A higher hemoglobin concentration was associated with reduced odds of being malnourished.

  1. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

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

  2. Factors Influencing Hemispheric Specialization.

    Science.gov (United States)

    1982-05-01

    results showed the presence of a LVF-!?v: superiority for the speed of response to faces. ’IniLs result -again is consrrucnt with Fardyck et effcn...1 i on tjimes for the Ymcci7 cry and C...,- o r ihi-n each of the tyo f -.tI irnulus mov -d<~’ oi ~t aiz ?-I d-f f er enctoesI. Tcr the am Lir Ci

  3. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  4. The legal mentality and the succession of the law.

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

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

  5. Risk factors in the development of behaviour difficulties among students with special educational needs and disabilities: A multilevel analysis.

    Science.gov (United States)

    Oldfield, Jeremy; Humphrey, Neil; Hebron, Judith

    2017-06-01

    Students with special educational needs and disabilities (SEND) are more likely to exhibit behaviour difficulties than their typically developing peers. The aim of this study was to identify specific risk factors that influence variability in behaviour difficulties among individuals with SEND. The study sample comprised 4,228 students with SEND, aged 5-15, drawn from 305 primary and secondary schools across England. Explanatory variables were measured at the individual and school levels at baseline, along with a teacher-reported measure of behaviour difficulties (assessed at baseline and at 18-month follow-up). Hierarchical linear modelling of data revealed that differences between schools accounted for between 13% (secondary) and 15.4% (primary) of the total variance in the development of students' behaviour difficulties, with the remainder attributable to individual differences. Statistically significant risk markers for these problems across both phases of education were being male, eligibility for free school meals, being identified as a bully, and lower academic achievement. Additional risk markers specific to each phase of education at the individual and school levels are also acknowledged. Behaviour difficulties are affected by risks across multiple ecological levels. Addressing any one of these potential influences is therefore likely to contribute to the reduction in the problems displayed. © 2017 The British Psychological Society.

  6. Factors that influence breastfeeding decisions among special supplemental nutrition program for women, infants, and children participants from Central Louisiana.

    Science.gov (United States)

    Murimi, Mary; Dodge, Candace Mire; Pope, Janet; Erickson, Dawn

    2010-04-01

    Although human milk provides optimal nutrition for infants, fewer than one third of US infants are breastfed exclusively for 6 months or more. The objectives of this study were to determine the factors that have the greatest impact on the decisions to breastfeed, and to determine the effect of formula provided by the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) on the initiation and duration of breastfeeding among WIC participants in a rural parish in central Louisiana. A cross-sectional study was done between September 2007 and March 2008 among 130 WIC participants. Approximately half (51%) of the participants reported breastfeeding their youngest child for a mean of 15.7+/-14.9 weeks, with more white mothers breastfeeding than did African-American mothers or other races (Paffect their decision to breastfeed than those who said incentives affected their decision to breastfeed (Peffective and clear education about the benefits of breastfeeding, and that this advice influenced their decision to breastfeed their children. These findings underscore the importance of emphasizing the health benefits of breastfeeding to increase initiation and duration rates among WIC participants. Copyright (c) 2010 American Dietetic Association. Published by Elsevier Inc. All rights reserved.

  7. Protein S testing in patients with protein S deficiency, factor V Leiden, and rivaroxaban by North American Specialized Coagulation Laboratories.

    Science.gov (United States)

    Smock, Kristi J; Plumhoff, Elizabeth A; Meijer, Piet; Hsu, Peihong; Zantek, Nicole D; Heikal, Nahla M; Van Cott, Elizabeth M

    2016-07-04

    In 2010-2012, the North American Specialized Coagulation Laboratory Association (NASCOLA) distributed 12 proficiency testing challenges to evaluate laboratory testing for protein S (PS). Results were analysed to assess the performance of PS activity, PS free antigen, and PS total antigen testing. Statistical analysis was performed on the numeric results and qualitative classification submitted for each method. There were 2,106 total results: 716 results from PS activity assays, 833 results from PS free antigen assays, and 557 results from PS total antigen assays. The three assay types performed well in the classification of five normal samples and nine abnormal samples, although certain PS activity methods were more likely to classify normal samples as abnormal and one PS total antigen assay was more likely to classify abnormal samples as normal. PS activity methods were affected by interfering substances such as heterozygous or homozygous factor V Leiden mutation (underestimation) and the anticoagulant drug rivaroxaban (overestimation). In conclusion, NASCOLA laboratories using a variety of PS assays performed well in the classification of clearly normal and abnormal samples. Laboratories performing PS activity assays should be aware of potential interferences in samples positive for FV Leiden or containing certain anticoagulant medications.

  8. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    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.

  9. Five Factor Model personality disorder scales: An introduction to a special section on assessment of maladaptive variants of the five factor model.

    Science.gov (United States)

    Bagby, R Michael; Widiger, Thomas A

    2018-01-01

    The Five-Factor Model (FFM) is a dimensional model of general personality structure, consisting of the domains of neuroticism (or emotional instability), extraversion versus introversion, openness (or unconventionality), agreeableness versus antagonism, and conscientiousness (or constraint). The FFM is arguably the most commonly researched dimensional model of general personality structure. However, a notable limitation of existing measures of the FFM has been a lack of coverage of its maladaptive variants. A series of self-report inventories has been developed to assess for the maladaptive personality traits that define Diagnostic and Statistical Manual of Mental Disorders (fifth edition; DSM-5) Section II personality disorders (American Psychiatric Association [APA], 2013) from the perspective of the FFM. In this paper, we provide an introduction to this Special Section, presenting the rationale and empirical support for these measures and placing them in the historical context of the recent revision to the APA diagnostic manual. This introduction is followed by 5 papers that provide further empirical support for these measures and address current issues within the personality assessment literature. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

  10. Legal significance of environmental protection in foreign investments law

    OpenAIRE

    Divljak Drago

    2013-01-01

    The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field i...

  11. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  12. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  13. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    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…

  14. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    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…

  15. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  16. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    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.…

  17. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  18. Social disadvantage, mental illness and predictors of legal involvement.

    Science.gov (United States)

    Sheldon, C T; Aubry, T D; Arboleda-Florez, J; Wasylenki, D; Goering, P N

    2006-01-01

    The following study evaluates the complex association between legal involvement and mental illness. It describes a population of consumers of community mental health programs, comparing those with legal involvement to those without legal involvement, on a number of demographic, clinical and social indicators. It is a secondary analysis of data collected in studies making up the Community Mental Health Evaluation Initiative (CMHEI) in the province of Ontario, Canada. Legal involvement was a significant issue among community mental health program consumers; about one in five consumers had at least some contact with the legal system in the preceding nine months. Legally involved consumers were more likely to be in receipt of social assistance and be unstably housed than those legally uninvolved. However, there were no significant differences between legally involved and uninvolved consumers with respect to severity of symptomatology, current medication use or number of hospitalization days in the past 9 months. A predictive model compared the differential impact of clinical and social determinants upon legal involvement. Analyses failed to uncover a significant relationship between severity of psychiatric symptomatology and legal involvement. Significant predictors of legal involvement included gender, race, drug use as well as housing instability, and receipt of social assistance. Legal involvement was attributable to factors other than the severity of mental illness; these results challenge assumptions that the most symptomatically severe consumers are most at risk of legal involvement. Accordingly, the rate of legal involvement in a sample of community mental health program users must be considered in a broad context, with particular emphasis on social disadvantage.

  19. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    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...

  20. Denial of abortion in legal settings.

    Science.gov (United States)

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-07-01

    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.

  1. Essence and classification of legal guarantees of creditors’ rights

    Directory of Open Access Journals (Sweden)

    Aleksandra M. Sil’chenko

    2014-01-01

    Full Text Available Objective to conduct a comprehensive study of the concept of legal guarantees of creditorsrsquo rights and to identify some features of guarantees on the basis of the presented classification. Methods general scientific deduction comparative and system analysis formal logical method and special comparative legal and structuralfunctional methods. Results basing on the evaluation of different scientistsrsquo opinions the definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. Four classifications of legal guarantees of creditorsrsquo rights are proposed. Scientific novelty author39s definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditorsrsquo rights are given by the content and methods of implementation of creditorsrsquo rights guarantees by forms of providing guarantees to creditors general and special guarantees by the form of termination of legal personrsquos activity. The classifications are described in detail through examples. Practical value the results of this research can be used in scientificresearch activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.

  2. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    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).

  3. TO THE PROBLEM OF LEGAL SYSTEM CLASSIFICATION: CIVILIZED APPROACH. TENDENCIES OF LEGAL FAMILIES APPROACHING IN THE CONDITIONS OF GLOBALIZATION

    OpenAIRE

    Rasskazov L. P.

    2015-01-01

    The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.). In accordance with this approach the history of mankind is a history of the development of civi...

  4. Obstetric factors and different causes of special educational need: retrospective cohort study of 407,503 schoolchildren.

    Science.gov (United States)

    Mackay, D F; Smith, G C S; Dobbie, R; Cooper, S-A; Pell, J P

    2013-02-01

    To determine whether relationships with gestational age and birthweight centile vary between specific causes of special educational need (SEN). Retrospective cohort study. Scotland. A cohort of 407,503 schoolchildren. Polytomous logistic regression was used to examine the risk of each cause of SEN across the spectrum of gestation at delivery and birthweight centile, adjusting for potential confounding factors. Crude and adjusted odds ratios and confidence intervals. Of the 19,821 children with SEN, 557 (2.8%) had sensory impairments, 812 (4.1%) had physical or motor disabilities, 876 (4.4%) had language impairments, 2823 (14.2%) had social, emotional, or behavioural problems, 7018 (35.4%) had intellectual disabilities, 4404 (22.2%) had specific learning difficulties, and 1684 (8.5%) autistic spectrum disorder (ASD). Extreme preterm delivery (at 24-27 weeks of gestation) was a strong predictor of sensory (adjusted OR 23.64, 95% CI 12.03-46.45), physical or motor (adjusted OR 29.69, 95% CI 17.49-50.40), and intellectual (adjusted OR 11.67, 95% CI 8.46-16.10) impairments, with dose relationships across the range of gestation. Similarly, birthweight below the third centile was associated with sensory (adjusted OR 2.85, 95% CI 2.04-3.99), physical or motor (adjusted OR 2.47, 95% CI 1.82-3.37), and intellectual (adjusted OR 2.67, 95% CI 2.41-2.96) impairments. Together, gestation and birthweight centile accounted for 24.0% of SEN arising from sensory impairment, 34.3% arising from physical or motor disabilities, and 26.6% arising from intellectual disabilities. Obstetric factors were less strongly associated with specific learning difficulties and social or emotional problems, and there were no significant associations with ASD. The association between gestation and birthweight centile and overall risk of SEN is largely driven by very strong associations with sensory, physical or motor impairments, and intellectual impairments. © 2012 The Authors BJOG An International

  5. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  6. Clarity Versus Accuracy and Objectivity in Written Legal English

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2011-12-01

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

  7. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  8. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    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.

  9. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  10. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

    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...

  11. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

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

    2015-01-01

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

  12. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  13. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

    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.

  14. Minors and Sexting: Legal Implications.

    Science.gov (United States)

    Lorang, Melissa R; McNiel, Dale E; Binder, Renée L

    2016-03-01

    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.

  15. Ethical or legal perceptions by dental practitioners.

    Science.gov (United States)

    Hasegawa, T K; Lange, B; Bower, C F; Purtilo, R B

    1988-03-01

    Perplexing ethical and legal concerns cross health professions and reach into many professions and vocations. Confidentiality is crucial not only to the health professional and the patient, but also to the lawyer and client, and the investigative reporter and the source. Reporting poor work or whistleblowing is a dilemma not only for dentists and other health care professionals, but also for the engineer, architect, and federal employee, among others. This survey of the ethical or legal perceptions of the dental practitioner supports two conclusions: perplexing situations are perceived as predominantly ethical rather than legal problems and the factor of age (number of years in practice) might affect this trend toward the ethical consideration of complicated issues. Understanding the nature of these and other perplexing situations requires that dental practitioners step beyond the confines of their practice and the boundaries of the dental profession to search for more effective ways of dealing with, and therefore living with, the realities of their practice.

  16. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

    ... 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...

  17. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one

  18. Legal protection of land from pollution

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2014-01-01

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

  19. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  20. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  1. Legal and regulator framework of radioactive waste

    International Nuclear Information System (INIS)

    Chavez Cassanello, Griselda; Mels Siningen, Celeste; Reina, Mariana; Vega, Hernan

    2009-01-01

    The present work intends to develop the legislative and regulatory framework in the matter of radioactive waste. The legal frame of the radioactive waste conformed by the National Constitution, the treaties and conventions, laws and decrees and regulatory norm in Argentine . The subject is approached from the international point of view considering the slogan of 36 The Annual Meeting of the Association Argentine de Nuclear Technology: 'The Nuclear Energy in the Present World'. This work also contains a special paragraph dedicated to the analysis of practical cases related to the subject and the activity of the National Commission of Atomic Energy. (author)

  2. Radiographic investigations during medico-legal autopsies

    International Nuclear Information System (INIS)

    Bratzke, H.; Schneider, V.; Dietz, W.

    1982-01-01

    During the last 13 years (1968-1980), 427 radiographic examinations were carried out during the course of medico-legal autopsies at the Institute of Forensic Medicine at the Free University of Berlin. Important problems were the demonstration of retained foreign bodies resulting from shooting, stabbing or blunt trauma, bone injuries, identification, and the question of life in neonates. An historical survey is given and 12 cases with special forensic problems are illustrated and discussed, and further means of investigations are described. (orig.) [de

  3. Legal transformations of business disputes in post-soviet Ukraine

    Directory of Open Access Journals (Sweden)

    Tatiana Kyselova

    2011-10-01

    Full Text Available This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh, but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order – the ‘shadow of the law’ - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.

  4. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  5. Program specialization

    CERN Document Server

    Marlet, Renaud

    2013-01-01

    This book presents the principles and techniques of program specialization - a general method to make programs faster (and possibly smaller) when some inputs can be known in advance. As an illustration, it describes the architecture of Tempo, an offline program specializer for C that can also specialize code at runtime, and provides figures for concrete applications in various domains. Technical details address issues related to program analysis precision, value reification, incomplete program specialization, strategies to exploit specialized program, incremental specialization, and data speci

  6. Argumentation in Legal Reasoning

    Science.gov (United States)

    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.

  7. Legal Issues in Educational Technology: Implications for School Leaders.

    Science.gov (United States)

    Quinn, David M.

    2003-01-01

    Discusses several legal issues involving the use of educational technology: Freedom of speech, regulation of Internet material harmful to minors, student-developed Web pages, harassment and hostile work environment, staff and student privacy, special education, plagiarism, and copyright issues. Includes recommendations for addressing technology…

  8. Legal Concepts in Sport: A Primer. 3rd Edition

    Science.gov (United States)

    Carpenter, Linda Jean

    2008-01-01

    When most people think of legal issues in sport, they think about negligence. However, most professionals will face a much broader range of issues. For instance, topics such as sexual harassment, corporal punishment, drug testing, transportation, and hazing are all of special importance today. Also anti-discrimination laws and the concepts…

  9. The Mass Media and the Problem of Understanding Legal ...

    African Journals Online (AJOL)

    The study of legal language use (LLU), especially in its historic perspectives and lexical methods, has become one of the most fundamentally popular and basically attractive areas of research that is generating a lot of special interest and drawing much greater attention to authors and readers alike in recent times. Apart from ...

  10. Development and Use of a Corpus Tailored for Legal English Learning

    Science.gov (United States)

    Skier, Jason; Vibulphol, Jutarat

    2016-01-01

    While corpus linguistics has been applied towards many specific academic purposes, reports are few regarding its use to facilitate learning of legal English by non-native English speakers. Specialized corpora are required because legal English often differs significantly from ordinary usage, with words such as bar, motion, and hearing having…

  11. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

  12. Liberalism, legal moralism and moral disagreement.

    Science.gov (United States)

    Kuflik, Arthur

    2005-01-01

    According to "legal moralism" it is part of law's proper role to "enforce morality as such". I explore the idea that legal moralism runs afoul of morality itself: there are good moral reasons not to require by law all that there is nevertheless good moral reason to do. I suggest that many such reasons have broad common-sense appeal and could be appreciated even in a society in which everyone completely agreed about what morality requires. But I also critique legal moralism from the special perspective of liberal political justice. Liberalism requires that citizens who disagree with one another on a number of morally significant matters nevertheless coexist and cooperate within a political framework of basic rights protections. When it comes to working out the most basic terms of their political association, citizens are expected to address one another within the limits of what Rawls has called "public reason". Critics of liberalism claim that this is an essentially a-moral (or expedient) attempt to evade substantive moral issues--such as the moral status of the fetus. I argue, on the contrary, that liberalism's emphasis on public reason is itself grounded in very deep--though (suitably) "non-comprehensive"--moral considerations.

  13. Multiculturalism and legal autonomy for cultural minorities

    Directory of Open Access Journals (Sweden)

    Morten Ebbe Juul Nielsen

    2013-11-01

    Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798

  14. Indian legal system and mental health.

    Science.gov (United States)

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act - 1987 and Persons with Disability Act - 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

  15. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    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...

  16. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  17. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    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.

  18. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

    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...

  19. Energy price indices and discount factors for life-cycle cost analysis 1997. Annual supplement to NIST handbook 135 and NBS special publication 709. (Revised)

    Energy Technology Data Exchange (ETDEWEB)

    Petersen, S.R.

    1996-07-01

    This report is the FY 1997 edition of energy price indices and discount factors for performing life-cycle cost analyses of energy and water conservation and renewable energy projects in federal facilities. It supports the federal life-cycle costing methodology by updating the energy price projections and discount factors that are described, explained, and illustrated in NIST Handbook 135 (HB 135, Life-Cycle Costing Manual for the Federal Energy Management Program (PB96-172317)). It supports private-sector life-cycle cost analysis by updating the energy price indices that are described, explained, and illustrated in NBS Special Publication 709 (SP 709 (PB87-180253)). It also supports the Energy Conservation Mandatory Performance Standards for New Federal Residential Building (10 CFR 435) by providing a table of factors for updating appliance label values.

  20. Legal regime of water management facilities

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2013-01-01

    Full Text Available The paper analyzes the legal regime of water management facilities in the light of Serbian, foreign and European law. Different divisions of water management facilities are carried out (to public and private ones, natural and artificial ones, etc., with determination of their legal relevance. Account is taken of the issue of protection from harmful effects of waters to such facilities, as well. The paper points also to rules on the water management facilities, from acts of planning, to individual administrative acts and measures for maintenance of required qualitative and quantitative condition of waters, depending on their purpose (general use or special, commercial use o waters. Albeit special rules on water management facilities exist, due to the natural interlocking between all the components of the environment (water, air and soil, a comprehensive approach is required. A reference is made to other basic principles of protection of water management facilities as well, such as the principle of prevention, principle of sustainable development and the principle "polluter pays". The last one represents the achievement of contemporary law, which deviates from the idea accepted in the second half of 20th century that supported the socialization of risk from harmful effects of waters.

  1. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  2. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

    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.

  3. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

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

  4. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ... 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...

  5. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... 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...

  6. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

    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)

  7. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  8. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  9. Specialization Patterns

    DEFF Research Database (Denmark)

    Schultz, Ulrik Pagh; Lawall, Julia Laetitia; Consel, Charles

    2000-01-01

    of design patterns. In this paper, we analyze the specialization opportunities provided by specific uses of design patterns. Based on the analysis of each design pattern, we define the associated specialization pattern. These specialization opportunities can be declared using the specialization classes......Design patterns offer many advantages for software development, but can introduce inefficiency into the final program. Program specialization can eliminate such overheads, but is most effective when targeted by the user to specific bottlenecks. Consequently, we propose that these concepts...... are complementary. Program specialization can optimize programs written using design patterns, and design patterns provide information about the program structure that can guide specialization. Concretely, we propose specialization patterns, which describe how to apply program specialization to optimize uses...

  10. Specialization Patterns

    DEFF Research Database (Denmark)

    Schultz, Ulrik Pagh; Lawall, Julia Laetitia; Consel, Charles

    2000-01-01

    Design patterns offer many advantages for software development, but can introduce inefficiency into the final program. Program specialization can eliminate such overheads, but is most effective when targeted by the user to specific bottlenecks. Consequently, we propose that these concepts...... are complementary. Program specialization can optimize programs written using design patterns, and design patterns provide information about the program structure that can guide specialization. Concretely, we propose specialization patterns, which describe how to apply program specialization to optimize uses...... of design patterns. In this paper, we analyze the specialization opportunities provided by specific uses of design patterns. Based on the analysis of each design pattern, we define the associated specialization pattern. These specialization opportunities can be declared using the specialization classes...

  11. Oral hygiene status in relation to sociodemographic factors of children and adults who are hearing impaired, attending a special school.

    Science.gov (United States)

    Kumar, Santhosh; Dagli, Rushabh Jayesh; Mathur, Anmol; Jain, Manish; Duraiswamy, Prabu; Kulkarni, Suhas

    2008-01-01

    This study examined the oral hygiene levels and periodontal status in a group of children and adults with hearing impairment attending a special school in Udaipur, India. Oral hygiene status was assessed by the Simplified Oral Hygiene Index (OHI-S) of Greene and Vermillion and periodontal status by the Community Periodontal Index. An analysis using a bivariate analysis revealed that all the oral hygiene variables varied significantly with age, economic status, and education of the parents. A multiple regression analysis showed that the education of the mother was the single best predictor for oral hygiene status and explained 92% of the variance. These findings show that children with hearing impairment have poor oral hygiene and high levels of periodontal disease. This may be due to a lack of communication; hence, appropriate oral health education should be tailored to the needs of these students with the support of their teachers and their parents.

  12. The facilitating factors and barriers encountered in the adoption of a humanized birth care approach in a highly specialized university affiliated hospital

    Directory of Open Access Journals (Sweden)

    Behruzi Roxana

    2011-11-01

    Full Text Available Abstract Background Considering the fact that a significant proportion of high-risk pregnancies are currently referred to tertiary level hospitals; and that a large proportion of low obstetric risk women still seek care in these hospitals, it is important to explore the factors that influence the childbirth experience in these hospitals, particularly, the concept of humanized birth care. The aim of this study was to explore the organizational and cultural factors, which act as barriers or facilitators in the provision of humanized obstetrical care in a highly specialized, university-affiliated hospital in Quebec province, in Canada. Methods A single case study design was chosen. The study sample included 17 professionals and administrators from different disciplines, and 157 women who gave birth in the hospital during the study. The data was collected through semi-structured interviews, field notes, participant observations, a self-administered questionnaire, documents, and archives. Both descriptive and qualitative deductive content analyses were performed and ethical considerations were respected. Results Both external and internal dimensions of a highly specialized hospital can facilitate or be a barrier to the humanization of birth care practices in such institutions, whether independently, or altogether. The greatest facilitating factors found were: caring and family- centered model of care, professionals' and administrators' ambient for the provision of humanized birth care besides the medical interventional care which is tailored to improve safety, assurance, and comfort for women and their children, facilities to provide a pain-free birth, companionship and visiting rules, dealing with the patients' spiritual and religious beliefs. The most cited barriers were: the shortage of health care professionals, the lack of sufficient communication among the professionals, the stakeholders' desire for specialization rather than humanization, over

  13. The facilitating factors and barriers encountered in the adoption of a humanized birth care approach in a highly specialized university affiliated hospital.

    Science.gov (United States)

    Behruzi, Roxana; Hatem, Marie; Goulet, Lise; Fraser, William

    2011-11-25

    Considering the fact that a significant proportion of high-risk pregnancies are currently referred to tertiary level hospitals; and that a large proportion of low obstetric risk women still seek care in these hospitals, it is important to explore the factors that influence the childbirth experience in these hospitals, particularly, the concept of humanized birth care.The aim of this study was to explore the organizational and cultural factors, which act as barriers or facilitators in the provision of humanized obstetrical care in a highly specialized, university-affiliated hospital in Quebec province, in Canada. A single case study design was chosen. The study sample included 17 professionals and administrators from different disciplines, and 157 women who gave birth in the hospital during the study. The data was collected through semi-structured interviews, field notes, participant observations, a self-administered questionnaire, documents, and archives. Both descriptive and qualitative deductive content analyses were performed and ethical considerations were respected. Both external and internal dimensions of a highly specialized hospital can facilitate or be a barrier to the humanization of birth care practices in such institutions, whether independently, or altogether. The greatest facilitating factors found were: caring and family- centered model of care, professionals' and administrators' ambient for the provision of humanized birth care besides the medical interventional care which is tailored to improve safety, assurance, and comfort for women and their children, facilities to provide a pain-free birth, companionship and visiting rules, dealing with the patients' spiritual and religious beliefs. The most cited barriers were: the shortage of health care professionals, the lack of sufficient communication among the professionals, the stakeholders' desire for specialization rather than humanization, over estimation of medical performance, finally the training

  14. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    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...

  15. special article the medico-legal prerequisite for initiating quarantine ...

    African Journals Online (AJOL)

    7. Statement justifying Quarantine Order. 8. Report to appropriate authorities. To hospitals and health posts. It is important for them to train their personnel on pub- lic health legislation affecting their operations in emer- gencies. They should develop templates as those indi- cated to the Ghana Health Service. Study Limitation.

  16. PDT: special cases in front of legal regulations

    Science.gov (United States)

    Fischer, E.; Wegner, A.; Pfeiler, T.; Mertz, M.

    2002-10-01

    Introduction: The classic indication for photodynamic therapy (PDT) in ophthalmology is currently represented by classic subfoveal choroidal neovascularisation (CNV) due to age-related macular degeneration (AMD). PDT is a method, which almost selectively causes endothelial damage in neovascular lesions, followed by vascular occlusion and involution of the CNV. The mechanistic aspect suggests that non AMD-related choroidal neovascularisations might also benefit from PDT. PDT in AMD: Within the German health system, PDT indications follow the criteria based on the inclusion criteria of the TAP studies. For instance the CNV should be predominantly classic and located under the center of the foveal avascular zone. In the diagnosis and follow-up of exudative AMD, visual acuity measurements and fluorescein angiography are the established parameters. Retinal thickness analyzer (RTA) measurements might give further information. Before PDT, they show a significant retinal thickening due to intra- and subretinal exudation. Following PDT, early RTA follow-ups show a clear decrease in retinal thickening accompanies by increasing or stable acuity. PDT in CNV of other origins than AMD: New studies support a new spectrum of indications for PDT, hopefully leading to general cost reimbursement for patients. PDT should be viewed as a general method for vascular occlusion and does not represent a causal therapy for progressive exudative AMD. We present patients with CNV due to pathologic myopia, angioid streaks and POHS. Conclusion: The selective vascular occlusion caused by PDT, besides CNV associated with AMD and pathologic myopia, may also allow the treatment of choroidal neovascularisations based on other entities. Careful individual evaluation of those cases is recommended. Despite this wide array of possible indications, cost reimbursement has been limited to classic subfoveal CNV in AMD, although single case reimbursements in choroidal neovascular lesions due to pathologic myopia have been observed.

  17. The role of law as an instrument of communication within legal positivism

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-12-01

    Full Text Available This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.

  18. Legalization of consensual unions in Latin America.

    Science.gov (United States)

    Goldman, N; Pebley, A R

    1981-01-01

    In Latin America, socially sanctioned conjugal unions take 2 forms: legal marriage and consensual unions. While legal marriage is more prestigious, consensual unions offer practical advantages. An examination of the legalization of consensual unions in rural areas in Colombia, Peru, Costa Rica, and Mexico is undertaken using data from the 1969 Centro Latinoamericano de Demografia's (CELADE) comparative survey of fertility. The survey in each country is based on a self weighted sample of 2000-3000 women aged 15-49 living in areas with fewer than 20,000 inhabitants. The union histories addressed types of unions, duration, and age and date of onset and of termination. The samples consisted of 881 unions in Colombia, 646 in Costa Rica, 865 in Mexico, and 1009 in Peru. The risk of legalization was measured by life table procedures, using only single decrement values for comparisons among subgroups. Between 32-41% of the unions are consensual in the rural areas of these countries. With the exception of Peru, consensual unions are higher among 2nd and later unions than among 1st unions. As expected from previous studies, they are more prevalent among younger women, those without education and among non-Catholics or non-practicing Catholics. About 30% of the consensual unions become legalized in Colombia, Costa Rica, and Mexico, and in Peru the rate of conversion is about 50%. Less than 20% in Colombia and Peru remain intact for more than 25 years; about 25% are terminated within the 1st 2 years. The single decrement values suggest that in the absence of separation or death of a partner, almost 50% of the unions would eventually be legalized in Colombia, Costa Rica, and Mexico, about 65% in Peru. The probability of conversion is highest among women in their 1st union and in the 1st year. Only 2-8% of the women legalize higher order unions. Of the factors related to the probability of legalization, age is an important differential in Costa Rica, education in Mexico, and

  19. Documentary Letters of Credit, Legal Nature and Sources of Law

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

    Full Text Available There is no doubt about risky nature of international trade. Such risk can be conceptualized as country risk, transportation risk, customer risk and etc. Documentary Letters of Credit (LC are used as a method of payment in international business for many centuries in order to reduce risk of trade specially when parties are located in different countries and do not have precise information from financial standing of each other. In such occasion LC will reduce the risk of trade by shifting payment obligation from buyer as an individual to a payment guarantee of a bank as a legal entity in return for presentation of complying documents with terms of credit by seller. Familiarity with legal nature and different legal frameworks which govern the international operation of documentary letters of credit can facilitate the process of international trade for businessmen and boost national economies. However, lack of knowledge about them can impose huge losses on international traders. Situation will be more complicated when we understand that there are many internationally recognized legal frameworks which can affect the operation of LC and they get frequently updated in order to address technological and economic developments in global market. In this paper, author tries to answer questions regarding (i what are international legal frameworks governing operation of documentary letters of credit? (ii which areas of LC operation has been covered by them and (iii how do they address the legal questions regarding international operation of documentary letters of credit?

  20. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

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

  1. The analysis and evaluation of legal argumentation: approaches from legal theory and argumentation theory

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

    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

  2. Food irradiation. An update of legal and analytical aspects

    International Nuclear Information System (INIS)

    Masotti, P.; Zonta, F.

    1999-01-01

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

  3. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)

  4. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    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

  5. Factors affecting individual foraging specialization and temporal diet stability across the range of a large “generalist” apex predator

    Science.gov (United States)

    Rosenblatt, Adam E.; Nifong, James C.; Heithaus, Michael R.; Mazzotti, Frank J.; Cherkiss, Michael S.; Jeffery, Brian M.; Elsey, Ruth M.; Decker, Rachel A.; Silliman, Brian R.; Guillette, Louis J.; Lowers, Russell H.; Larson, Justin C.

    2015-01-01

    Individual niche specialization (INS) is increasingly recognized as an important component of ecological and evolutionary dynamics. However, most studies that have investigated INS have focused on the effects of niche width and inter- and intraspecific competition on INS in small-bodied species for short time periods, with less attention paid to INS in large-bodied reptilian predators and the effects of available prey types on INS. We investigated the prevalence, causes, and consequences of INS in foraging behaviors across different populations of American alligators (Alligator mississippiensis), the dominant aquatic apex predator across the southeast US, using stomach contents and stable isotopes. Gut contents revealed that, over the short term, although alligator populations occupied wide ranges of the INS spectrum, general patterns were apparent. Alligator populations inhabiting lakes exhibited lower INS than coastal populations, likely driven by variation in habitat type and available prey types. Stable isotopes revealed that over longer time spans alligators exhibited remarkably consistent use of variable mixtures of carbon pools (e.g., marine and freshwater food webs). We conclude that INS in large-bodied reptilian predator populations is likely affected by variation in available prey types and habitat heterogeneity, and that INS should be incorporated into management strategies to efficiently meet intended goals. Also, ecological models, which typically do not consider behavioral variability, should include INS to increase model realism and applicability.

  6. The Procedure for Determination of Special Margin Factors to Account for a Bow of the VVER-1000 Fuel Assemblies

    International Nuclear Information System (INIS)

    Tsyganov, Sergey V.; Marin, Stanislav V.; Shishkov, Lev K.

    2008-01-01

    Starting from 1980's, the problem of bow of the VVER-1000 reactor FAs and the effect of that on the operational safety is being discussed. At the initial period of time, the extension of time for dropping control rods of the control and protection system associated with this bow posed the highest threat. Later on, new more rigid structures were developed for FAs that eliminated the problems of control rods. However, bow of the VVER-1000 reactor FAs is observed up to now. The scale of this bow reduced significantly but it still effects safety. Even a minor bow available may lead to the noticeable increase of power of individual fuel pins associated with the local variation of the coolant amount. This effect must be taken into account on designing fuel loadings to eliminate the exceeding of set limitations. The introduction of additional special margins is the standard method for taking this effect into account. The present paper describes the conservative technique for the assessment of additional margins for bow of FAs of state-of-the-art designs. This technique is employed in the VVER-1000 reactor designing. The chosen conservatism degree is discussed as well as the method for its assurance and acceptable ways for its slackening. The example of the margin evaluation for the up-to-date fuel loading is given. (authors)

  7. Risk Factor Research and Prevention for Anxiety Disorders: Introduction to the Special Series on Risk and Prevention of Anxiety Pathology

    Science.gov (United States)

    Schmidt, Norman B.; Zvolensky, Michael J.

    2007-01-01

    In relation to treatment-related research in the United States, there is relatively little systematic effort focused on the combination of risk and prevention for anxiety pathology. This article broadly discusses risk factor research and prevention program development for anxiety psychopathology. The authors also specifically discuss papers in…

  8. Prognostic factors for the success of endometrial ablation in the treatment of menorrhagia with special reference to previous cesarean section

    NARCIS (Netherlands)

    Peeters, Jos A. H.; Penninx, Josien P. M.; Mol, Ben Willem; Bongers, Marlies Y.

    2013-01-01

    To assess whether, among other prognostic factors, a history of Cesarean section is associated with endometrial ablation failure in the treatment of menorrhagia. Study design We compared women who had failed ablation to women who had successful ablation for menorrhagia in a case-control study.

  9. Legal features of the drug advertising.

    Science.gov (United States)

    Pashkov, Vitalii M; Olefir, Andrii A; Bytyak, Oleksiy Y

    In the article discribed current trends of advertising in the pharmaceutical market and foreign experience of legal regulation of these relations. As for the advertising of medicines identified it's symptoms, types, basic rules and prohibitions. Modern pharmaceutical companies can not successfully carry out economic activities without advertising. Besides we can mention some fundamental changes in society (information overload, universal access to internet, social media, freedom of movement of goods, labor and finance), also self-medication becomes more popular. At the same time, the number of deaths after improper and uncontrolled use of drugs ranks fifth in the world among the causes of death. Investigate current trends of advertising on the pharmaceutical market, find advertising signs, basic restrictions and prohibitions on advertising of medicines, as well as foreign experience of legal regulation of these relations. Despite the fact that pharmaceutical advertising were studied by such scholars as M. Abraham, L. Bradley, C. Dunn, J. Donoh'yu, D. Castro, M. Lipski, K. Taylor and others, number of issues related features of drug advertising, remained without proper theoretical studies. Based on the analysis can come to the conclusion that advertising of medicinal products are the subject of special attention from the state. Drugs, unlike other products, are a group of specialized consumer products. Risks increase when patients under the influence of «aggressive» advertising resort to self-medication. If a complete ban on advertising of medicines is inappropriate, you should set stricter requirements for the content of advertising and product placement rules. That is, in the national legislation to implement regulatory requirements of Directive 2001/83 / EC. Legal regulation of drug advertising can be improved by such legal means: - should provide for a mechanism of public control over the observance of ethical standards in the advertising of medicinal products

  10. LEGAL REGULATION IN THE SPHERE OF HIGHER EDUCATION IN RUSSIA (HISTORICAL AND LEGAL ASPECT

    Directory of Open Access Journals (Sweden)

    Tatiana Yashchuk

    2017-01-01

    Full Text Available The purpose of article is to analyze the evolution of legal regulation of higher education in Russia since the beginning up to the beginning of reform in modern conditions.Characteristics of the problem field. Higher education is studied in various aspects (sociological, cultural, historical, economic. An independent institute of educational law is distinguished in the legal science. Serious transformations of higher education in the Russian Federation have actualized the need for understanding the domestic experience of legal regu-lation. The state policy in the sphere of higher education and the evolution of educational legislation are studied in historical and legal studies.The methodology. The narrative method is the method of description. It is necessary for the reconstruction of past events and phenomena. The narrative method is supplemented by a chronological method. The formal legal method is applied to the interpretation of norms. The sociological method establishes the links between state policy, regulatory legal regulations and the social result achieved. The comparative method is used fragmentarily.Results. Higher education is a relatively new social institution. In the European tradition it took shape during the Middle Ages. The completed model was formed in the XIX century in Germany.The Russian Empire used the German model. Higher education was regulated by the state. The main regulations governing educational relations at the university were the General Charters. These Charters reflected the autonomy of universities.Three stages are identified in the legal and regulatory framework of higher education in the Soviet period: 1917 – the first floor 1930s; second floor 1930s – the first floor 1950s; second floor 1950s – 1980s.At the first stage the state regulated only politically and ideologically important educational relations. Many questions were not regulated centrally. In the 1930s the state impact on higher education was

  11. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

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

    2018-02-01

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

  12. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

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

  13. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  14. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    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

  15. Cerebrovascular diseases in a fixed population Hiroshima and Nagasaki with special reference to relationship between type and risk factors

    International Nuclear Information System (INIS)

    Lin, Chow-How; Shimizu, Yukiko; Kato, Hiroo; Robertson, T.L.; Furonaka, Hiroshi.

    1980-10-01

    A study was made of the incidence of cerebrovascular diseases, their chronological trend, and relationship between the disease types and risk factors on 16,491 subjects of Hiroshima and Nagasaki who underwent medical examination at least once between 1958 - 74, and who were free of cerebrovascular disease at the initial examination. During the 16-year period, 1,162 cases of cerebrovascular disease developed in this study population with the diagnosis definite in 621, and the annual incidence was 3.2 per 1,000 population. By type, there were 108 cases of cerebral hemorrhage, 469 cases of cerebral infarction, 33 cases of subarachnoid hemorrhage, and 11 cases of other unclassifiable types, with cerebral infarction occurring more frequently than cerebral hemorrhage at the ratio of 4.5 : 1. The incidence of cerebrovascular diseases increased with age in both types, but the proportion of younger subjects in cerebral hemorrhage was greater than that in cerebral infarction. A secular trend of declining incidence was noted for both cerebral hemorrhage and cerebral infarction. As a risk factor of cerebral hemorrhage, elevation of systolic and diastolic blood pressure was the most closely related to onset, and left ventricular hypertrophy on electrocardiogram (ECG) and proteinuria were also related. However, a tendency was seen for the risk to be somewhat higher the lower the levels of serum cholesterol. In cerebral infarction, aging, like systolic blood pressure, was a most important risk factor. Left ventricular hypertrophy on ECG, proteinuria, and diabetes could also be risk factors. However, the relation to blood pressure, especially diastolic blood pressure, was not so great as in the case of cerebral hemorrhage. (author)

  16. [Incidence and risk factors for bacteremia on pediatric patients with burns in a specialized care center in Mexico].

    Science.gov (United States)

    Chávez-Velarde, Teresa de J; Lona-Reyes, Juan C; Riebeling-Dueñas, Alejandra; Orozco-Alatorre, Luis G

    2017-06-01

    Bacteremia events are frequent cause of mortality in burn patients and may originate from infected wounds, by bacterial translocation of endogenous microorganisms, from invasive devices or contaminated intravenous solutions. To quantify the incidence of bacteremia in pediatric patients with burns and to identify risk factors. A prospective cohort study was performed in pediatric patients with burns of Hospital Civil de Guadalajara "Dr. Juan I. Menchaca". Bacteremia was diagnosed by blood cultures in patients with clinical manifestations of sepsis. Risk factors were investigated by multivariate analysis with Cox regression. Were included in the cohort 260 patients, median age 3 years. The incidence of bacteremia was 9.6 events per 1,000 days patient. The most frequently isolated bacteria were Enterobacteriaceae (41.9%), Staphylococcus aureus (22.6%) and Pseudomonas aeruginosa (22.6%). Factors associated with bacteremia were: bums ≥ 20% TBSA (HR 11.06; 95% CI 4.8-25.4), deep second degree bums or higher (HR 6.9; 95% CI 2.0-23.3) and have had two or less debridement (HR 26.4; 95% CI 8.0-87.7). Patients with more extensive and deep burns with fewer debridement are at increased risk of bacteremia.

  17. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    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...

  18. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    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.

  19. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

    . 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...

  20. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

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

  1. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

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

  2. Relationship of various factors affecting the sustainable private forest management at Pajangan District, Special Regions Yogyakarta, Indonesia

    Science.gov (United States)

    Widayanto, B.; Karsidi, R.; Kusnandar; Sutrisno, J.

    2018-03-01

    Forests have a role and function in providing good atmosphere with stable oxygen content and affecting global climate stability. Good forest management will provide stable climatic conditions in global climate change. A good forest is managed to provide a sustainable environment condition. This study aims to analyze the relationship of various factors affecting the sustainability of private forests management. This research is a quantitative research with survey method and determination of sampling are was by purposive sampling. Sampling method using multiple stage cluster sampling with 60 samples. From the results it was found that the successful sustainable private forest management influenced by various factors, such as group dynamics, stakeholder support, community institutions, and farmer participation. The continuity of private forest management is determined by the fulfillment of economic, social and environmental dimensions. The most interesting finding is that the group dynamics conditions are very good, whereas the sense of togetherness among community is very strong under limited resources managing private forests. The sense of togetherness resulted creativity to diversify business and thus reduced the pressure in exploiting the forest. Some people think that managing the people's forest as a culture so that its existence can be more sustainable.

  3. Indonesian law and reality in the Delta : a socio-legal inquiry into laws, local bureaucrats and natural resources management in the Mahakam Delta, East Kalimantan

    NARCIS (Netherlands)

    Simarmata, Rikardo

    2012-01-01

    This book provides a socio-legal inquiry into the legal and administrative management of the natural resources of the Mahakam Delta, East Kalimantan, Indonesia. This book argues that due to a combination of complex legal and non-legal factors, laws and regulations on natural resources management of

  4. THE FISCAL ANTI-FRAUD CONTROL. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    Rada POSTOLACHE

    2014-05-01

    Full Text Available The fiscal anti-fraud control has been regulated quite recently, by the Government Emergency Ordinance No. 74/2013, adopted in the context of the implementation of the “Project for the modernization of the fiscal administration” and the intensification of the fight against tax evasion. On the basis of the legal norms applying to it, of specialized doctrine and legal literature, the present work aims to approach fiscal control from various perspectives – organization, enforcement and definition of legal accountability – so as to point at the same time its specific forms, in relation to other similar control forms. Moreover, the present work will also analyse the novelty elements which the law brings, so as to create a specific technical support for the authorities, regarding those case laws having as object the economic-financial frauds. The current study aims to delineate the legal regime of this control form, which we consider a specialized activity, organized within the National Agency of Fiscal Administration and performed with the specific target of control, so as to prevent, acknowledge and fight tax evasion. At the same time, the present study is useful under the present circumstances, in which fiscal fraud has become more intense, becoming a phenomenon, but also because fiscal fraud has incidence upon other field of economic and financial interest.

  5. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

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

  6. Special Weapons

    Data.gov (United States)

    Federal Laboratory Consortium — Supporting Navy special weapons, the division provides an array of engineering services, technical publication support services, logistics support services, safety...

  7. Federal Agency Scientific Integrity Policies and the Legal Landscape

    Science.gov (United States)

    Kurtz, L.

    2017-12-01

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

  8. Prevalence of Antipsychotic Polypharmacy and Associated Factors among Outpatients with Schizophrenia Attending Amanuel Mental Specialized Hospital, Addis Ababa, Ethiopia

    Directory of Open Access Journals (Sweden)

    Siranesh Tesfaye

    2016-01-01

    Full Text Available Background. Despite recommendations by guidelines to avoid combinations of antipsychotics unless after multiple trials of antipsychotic monotherapy, it is quite a common practice to use combinations. This practice leads to unnecessary expenses and exposes the patient to severe drug adverse effects. Methods. An institution based cross-sectional study was conducted from April to May 2014. Systematic random sampling technique was used to select 423 study subjects. Logistic regression analysis was conducted to identify associated factors of antipsychotic polypharmacy among schizophrenia outpatients. Result. The overall prevalence of antipsychotic polypharmacy was found to be 28.2%. Extra pyramidal side effects (AOR = 2.80; 95% CI: 1.38, 5.71, repeated psychiatric hospitalization (AOR = 2.83; 95% CI: 1.45, 5.50, history of substance use (AOR = 2.82; 95% CI: 1.36, 5.88, longer duration of treatment (AOR = 2.10; 95% CI: 1.14, 3.87, and drug nonadherence (AOR = 1.84; 95% CI: 1.14, 2.98 were found to be significantly associated with antipsychotic polypharmacy. Conclusion. Prevalence of antipsychotic polypharmacy was found to be high among the current study participants. Individuals who had extra pyramidal side effects, admission, substance use, duration of treatment, and drug nonadherence were associated with antipsychotic polypharmacy.

  9. Adam Nash: legally speaking, a happy ending or slippery slope?

    Science.gov (United States)

    Crockin, Susan

    2001-01-01

    The birth of Adam Nash, following IVF and then preimplantation genetic diagnosis (PGD) on the resulting 15 embryos to find which would be a potential bone marrow match for his older sibling, suffering from Fanconi's anaemia, is the first reported case of genetic selection of an embryo to save the life of an existing person. The case has stirred debates worldwide over the appropriateness and implications of using the technique for this and related purposes. Legally, it is suggested that embryos are indeed entitled to special respect because of their potential for life, but certain principles must not be overlooked, and the Nash case was wholly within acceptable legal principles. The legal perspective offered here concludes: (i) while embryos are entitled to certain protections, the mere fact that they are extracorporeal raises the danger that the rights and protections assigned to them will be wrongly elevated over the legally protected procreation rights of the adults who create them; (ii) divorce litigation involving "custody" of embryos is not a direct parallel and legal analogies must be distinguished; (iii) the status of embryos must be carefully defined; and (iv) a national or international, multi-disciplinary body should be created to grapple with the developing issues and uses that are sure to follow.

  10. Domestic violence survivors and their experiences during legal process.

    Science.gov (United States)

    Özçakar, Nilgün; Yeşiltepe, Gözde; Karaman, Gökçe; Ergönen, Akça Toprak

    2016-05-01

    Many victims of domestic violence do not seek recourse to the needed medical and legal services. The aim of this study was to determine the difficulties faced by and experiences of female survivors of domestic violence during their medical and legal proceedings. We designed our study using a qualitative approach to understand the experiences of survivors during the legal process as well as their feelings and attitudes towards domestic violence through in-depth interviews. The data obtained from the participants were analyzed and synthesized using a thematic analysis procedure. Most of our participants reported different types of domestic violence, citing feelings of fear and loneliness during these experiences. They reported feeling dissatisfied with their complaints being ignored by the police and the perpetrators remaining unpunished. They complained of the complex procedures and negligence of staff in health-care centers such as hospitals, and they reported being shifted to several different places. We believe that an assessment of such female survivors in terms of specific standards set by specialists will help make improvements to the legal process. Education programs should be organized for professionals dealing with survivors of domestic violence. Special health-care services with fast proceedings must be established in health-care centers. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  11. Cluster strategies in the regional economy development: legal aspects

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

    Full Text Available Objective to study the state of legal support of the cluster strategies implementation to identify the problems and possible directions for improving the legal support of cluster development in the regions. Methods systemic structuralfunctional induction and deduction analysis and synthesis formal legal. Results the paper formulates the definition of cluster as a form of cooperative interaction of organizations interacting in some economic sphere due to functional dependence complementing each other and reinforcing the competitive advantages of individual companies. The hypothesis is proposed that the organizational and management structure of clusters should be unified and obtain normative fixation so that the same type of bodies including executive bodies and the structure of the different clusters deliberative specialized organizations organizationcoordinator etc. had similar competence and position in the management hierarchy. Scientific novelty following the most general conception of a cluster as interacting institutions in a specific area one can see that the lack of clarity in the legal support of the clusters functioning does not allow to determine the status of authoritative and nonauthoritative subjects of economic activities their organizationallegal forms and the procedure of their interaction. Practical significance the identified problems of legal support of the cluster strategies implementation can help in the improvement of state regulation of cluster relations in the regions and their implementation.

  12. Preliminary results of the IRCA legalization programs at the end of phase I.

    Science.gov (United States)

    Miller, M J

    1989-03-01

    A remarkable gulf in interpretation and evaluation of the 1986 implementation of the Immigration Reform and Control Act (IRCA) exists between various schools of analysts. Some feel that the law has not changed conditions much, while others consider the legalization program and employer sanctions successful. Altogether, IRCA included 6 specific legalization opportunities. The 2 major ones concerned aliens who had resided illegally in the US since January 1, 1982 and alien farm workers who had worked illegally in the US for at least 90 days between May 1, 1985 and May 1, 1986. Issues concerning the pre-1982 or general legalization program include 1) the 5-year gap between the eligibility cutoff and the start of the legalization program made the principal US legalization program more restrictive than comparable legalization policies in other market economy countries, 2) it did not provide for immediate derivative legislation for family members of an illegal alien eligible for legalization, and 3) analysts disagree on the evaluation and the effectiveness of the public information campaign to inform eligible aliens of the legalization opportunity. The application procedure for the Special Agricultural Worker or SAW was much simpler than for the general legalization program. SAW applicants could apply at US borders. 10% of SAW applications were denied, due to fraud and other reasons, as opposed to 2% for applicants to the major legalization program. Both programs attracted mainly Mexican applicants. The total number of SAW applications received will help to determine future need for alien farm workers. 1 of the most important differences between the SAW and the pre-1982 legalization programs is the legal status of the newly legalized: 1) to secure permanent resident alien status, pre-1982 program applicants must pass civics and English examinations within a set period of time, whereas SAW applicants do not; and 2) SAW applicants are eligible for a broader range of social

  13. Legal abortion for mental health indications.

    Science.gov (United States)

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

    2006-11-01

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

  14. Pediatric Acute-on-Chronic Liver Failure in a Specialized Liver Unit: Prevalence, Profile, Outcome, and Predictive Factors.

    Science.gov (United States)

    Alam, Seema; Lal, Bikrant B; Sood, Vikrant; Rawat, Dinesh

    2016-10-01

    The aim of the study was to assess the prevalence, profile, outcome, and predictive factors of pediatric acute-on-chronic liver failure (ACLF). All children 3 months to 18 years satisfying the Asia Pacific Association for the Study of Liver Diseases definition of ACLF were included. Data were both extracted from records (January 2011 to December 2014) and prospectively collected (January to October 2015). Successful outcome was defined as survival with native liver at 90 days, whereas poor outcome included those who died or received liver transplantation. Of the 499 children with chronic liver disease (CLD), 56 (11.2%) presented as ACLF, with a mean age of 9.35 (±4.39) years. Wilson disease and autoimmune hepatitis were the commonest underlying CLDs accounting for 24 (42.8%) and 18 (32.1%) cases, respectively. The most frequent events precipitating ACLF were a flare up of the underlying disease in 27 (48.2%) and acute viral hepatitis in 17 (30%). Poor outcome occurred in 22 (39.3%) children: 17 (30.4%) died and 5 (8.9%) received liver transplantation. Poor outcome was associated with grades 3 to 4 hepatic encephalopathy, bilirubin ≥17.5, international normalized ratio ≥3.5, and presence of 2 or more organ failures. On multivariate analysis, a Chronic Liver Failure-Sequential Organ Failure Assessment score ≥10 best predicted mortality (odds ratio 20.45, 95% confidence interval 3.9-106.7). ACLF is present in 11.2% of childhood CLD, with a 90-day native liver survival of 61%. A Chronic Liver Failure-Sequential Organ Failure Assessment score of ≥10 best predicts mortality at day 90.

  15. Legal and administrative status of food irradiation in the Netherlands

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1977-01-01

    In the Netherlands, the legal and administrative controls on food irradiation are based on the Nuclear Energy Act and more specifically on the Radioactive substances Decree. A licence from the Minister of Public Health and the Environment is needed for the use of Radiation sources. A special procedure is followed for examining and deciding on a request for irradiation of a given goodstuff. (NEA) [fr

  16. Replication Research and Special Education

    Science.gov (United States)

    Travers, Jason C.; Cook, Bryan G.; Therrien, William J.; Coyne, Michael D.

    2016-01-01

    Replicating previously reported empirical research is a necessary aspect of an evidence-based field of special education, but little formal investigation into the prevalence of replication research in the special education research literature has been conducted. Various factors may explain the lack of attention to replication of special education…

  17. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

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

  18. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    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.

  19. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

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

    Science.gov (United States)

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

    2017-01-28

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

  1. Uncontrolled hypertension and associated factors among adult hypertensive patients on follow-up at Jimma University Teaching and Specialized Hospital: cross-sectional study

    Directory of Open Access Journals (Sweden)

    Tesfaye B

    2017-03-01

    Full Text Available Bekele Tesfaye,1 Dessalegn Haile,1 Benalfew Lake,1 Tefera Belachew,2 Temamen Tesfaye,3 Habtamu Abera4 1Department of Nursing, College of Health Science, Debre Markos University, Debre Markos, 2Department of Population and Family Health, 3Department of Nursing and Midwifery, College of Health Science, Jimma University, Jimma, 4Department of Nursing and Midwifery, College of Health Sciences, School of Allied Health Sciences, Addis Ababa University, Addis Ababa, Ethiopia Introduction: Hypertension, including poorly controlled blood pressure, is the major global health problem that affects one billion people worldwide. Limited studies have been conducted on prevalence of uncontrolled hypertension and associated factors among adult hypertensive patients in Ethiopia.Objective: The aim of this study was to determine the prevalence of uncontrolled hypertension and associated factors among adult hypertensive patients at Jimma University Teaching and Specialized Hospital.Methods: Institution-based cross-sectional study was conducted at the chronic illness clinic of Jimma University Specialized and Teaching hospital from March 09 to April 13, 2016. A total of 345 hypertensive patients were selected using systematic sampling technique. Data were collected using structured questionnaire through face-to-face exit interview and chart review. Data were analyzed using Statistical Package for the Social Sciences (SPSS version 20.0 software. The bivariate and multivariable analysis was done to identify factors of uncontrolled hypertension.Results: More than half, 52.7%, of the patients had uncontrolled hypertension. Lack of awareness of hypertension-related complications (adjusted odds ratio [AOR]=2.140, 95% confidence interval [CI]=1.272–3.600, p=0.004, nonadherent to smoking abstinence (AOR=3.935, 95% CI=1.065–14.535, p=0.004, nonadherent to alcohol abstinence (AOR=2.477, 95% CI=1.074–5.711, p=033, Khat (Catha edulis chewing (AOR=2.518, 95% CI=1.250–5

  2. Special geometry

    International Nuclear Information System (INIS)

    Strominger, A.

    1990-01-01

    A special manifold is an allowed target manifold for the vector multiplets of D=4, N=2 supergravity. These manifolds are of interest for string theory because the moduli spaces of Calabi-Yau threefolds and c=9, (2,2) conformal field theories are special. Previous work has given a local, coordinate-dependent characterization of special geometry. A global description of special geometries is given herein, and their properties are studied. A special manifold M of complex dimension n is characterized by the existence of a holomorphic Sp(2n+2,R)xGL(1,C) vector bundle over M with a nowhere-vanishing holomorphic section Ω. The Kaehler potential on M is the logarithm of the Sp(2n+2,R) invariant norm of Ω. (orig.)

  3. Perceived Stigma and Associated Factors among People with Schizophrenia at Amanuel Mental Specialized Hospital, Addis Ababa, Ethiopia: A Cross-Sectional Institution Based Study

    Directory of Open Access Journals (Sweden)

    Berhanu Boru Bifftu

    2014-01-01

    Full Text Available Background. While effective treatments are available for people with schizophrenia, presence of perceived stigma prevents them from accessing and receiving the help they need to get. Objectives. To assess the prevalence and associated factors of perceived stigma among people with schizophrenia attending the Outpatient Department of Amanuel Mental Specialized Hospital, Addis Ababa, Ethiopia. Methods. Institution based cross-sectional study design was conducted among 411 subjects using an Amharic version of the perceived devaluation and discrimination scale. Single population proportion formula was used to calculate sample size. Subjects were selected by systematic sampling techniques. Binary logistic regression and odds ratio with 95% confidence interval were used to identify the association factors of outcome variables. Results. A total of 411 subjects participated in the study giving a response rate of 97.4%. The prevalence of perceived stigma was found to be 83.5%. Education status (not able to read and write (AOR=2.64, 95% CI: 1.118, 6.227, difficulties of adherence to antipsychotic drug (AOR=4.49, 95% CI: 2.309, 8.732, and duration of illness less than one year (AOR=3.48, 95% CI: 2.238, 5.422 were factors associated with perceived stigma. Conclusion. Overall, the prevalence of perceived stigma was found to be high. Education status (not able to read and write, difficulties of adherence to antipsychotic medication, and duration of illness were factors associated with perceived stigma. Adherence to antipsychotic medication particularly during the early stage of the illness and strengthening the educational status of the participants were suggested in the clinical care setting.

  4. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

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

  5. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

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

  6. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    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...

  7. Specialized Prisons and Services: Results From a National Survey

    OpenAIRE

    Cropsey, Karen L.; Wexler, Harry K.; Melnick, Gerald; Taxman, Faye S.; Young, Douglas W.

    2007-01-01

    Findings from the National Criminal Justice Drug Abuse Treatment Studies (CJ-DATS) National Criminal Justice Treatment Practices survey are examined to describe types of services provided by three types of prisons: those that serve a cross-section of offenders, those that specialize in serving offenders with special psychosocial and medical needs, and those that specialize in serving legal status or gender specific populations. Information is presented on the prevalence and type of specialize...

  8. Practice status of specialized agencies for occupational health management of small- to medium-size enterprises and the factors improving their performance: a cross-sectional survey study.

    Science.gov (United States)

    Lee, Saerom; Myong, Jun-Pyo; Kim, Eun-A; Eom, Huisu; Choi, Bowha; Kang, Young Joong

    2017-01-01

    We examined the current status of specialized agencies for occupational health management (SAs) and their workforce. Furthermore, we aimed to clarify the current practice status of SA healthcare professionals and factors that influence their performance. To examine the current SA workforce, we analyzed data from the 2014 Survey of Current Status of SA and their Workforce from the Ministry of Employment and Labor (MOEL). Furthermore, we mailed out an original questionnaire to SA professionals to determine their current health management status and factors that affect their performance. Data from the respondents ( N  = 384) were analyzed. In 2014, the workforce performing health management in SAs comprised 232 physicians, 507 nurses, and 312 occupational hygienists, with no significant regional differences in the distribution of physicians and nurses. According to the findings of the questionnaire, the average daily number of worker consultations by physicians and nurses was 22.8, while the average time taken for health management ranged from 74.3 to 104.3 min, depending on the size of the firm. Most of the respondents (41.5%) answered that they were following-up on more than 80% of individuals with illnesses. Among health management tasks, performance scores of "consultations for general diseases" and "consultations for lifestyle habits" were relatively high, whereas health promotion activities at workplaces were relatively low. There was a significant correlation between the utilization of general and special health examination results and task performance. Among health management tasks, follow-up management of individuals with illnesses and consultations for disease/lifestyle habits were relatively well performed, whereas health promotion activities at workplaces were not performed well. Among factors that positively influenced SA performance at workplaces, only the utilization of health examination results had significant effects. Therefore, to accomplish

  9. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    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.)

  10. The Legal Junction: the complex promise of modern legal professionalism

    NARCIS (Netherlands)

    A.J. Kwak

    2005-01-01

    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

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

    African Journals Online (AJOL)

    Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...

  12. RISK FACTORS ASSESSMENT OF DIABETIC FOOT ULCER USING THE SIXTY SECONDS SCREENING TOOL: A HOSPITAL BASED CROSS-SECTIONAL STUDY AT TIKUR ANBESSA SPECIALIZED HOSPITAL.

    Science.gov (United States)

    Mamo, Tesfatsion; Yifter, Helen; Lemessa, Teklu

    2015-07-01

    Diabetic foot ulcer is one of the most feared and common complications of diabetes. It is a major cause of disability, morbidity and mortality among diabetic patients and about 15% develop foot ulcers in their lifetime. Annual foot exam in diabetic patients and education on foot care is a cost effective way of preventing foot ulcers and amputations. A hospital based cross-sectional study was conducted at Tikur Anbessa Specialized Hospital Diabetes Center on 200 participants using the 60 seconds diabetic foot ulcer screening tool from April to August 2014. A total of 200 patients were included in the study. The male to female ratio was 1 to 2.64 (55 to 145). The median age was 50 years (IQR, 39-59 years) and median duration of diabetes mellitus was 11 years (IQR, 6-11 years). Among the 200 patients, 169 (84.5%) had type 2 diabetes mellitus, whereas; 31(15.5%) had type 1 diabetes mellitus. Among the participants, only 9 (4.5%) had foot examination in the last 5 years. Thirty one (15.5%) participants had history of previous ulcer, 1 (0.5%) had history of amputation, 11 (5.5%) had deformity of shape and structure of the foot. Among the participants, 71 (35.5%) had at least one risk factor for the development of diabetic foot ulcer. Diabetic foot problems are common among the diabetic patients examined at Tikur Anbessa Specialized Hospital Diabetic Center. Screening for diabetic foot ulcer is a very easy practice which will take maximum of 60 seconds per patient. Despite this fact it is barely practiced for outpatients visiting the diabetic clinics. We stress the need for a clinical diagnosis of diabetic foot ulcers using the 60 seconds screening tool.

  13. Specialized languages

    DEFF Research Database (Denmark)

    Mousten, Birthe; Laursen, Anne Lise

    2016-01-01

    -disciplinarily, because they work with both derivative and contributory approaches. Derivative, because specialized language retrieves its philosophy of science as well as methods from both the natural sciences, social sciences and humanistic sciences. Contributory because language results support the communication...... science fields communicate their findings. With this article, we want to create awareness of the work in this special area of language studies and of the inherent cross-disciplinarity that makes LSP special compared to common-core language. An acknowledgement of the importance of this field both in terms...

  14. Special dossier: new energies

    International Nuclear Information System (INIS)

    Cassin, Fabrice; His, Stephane; Le Lidec, Frederic; Paillard, Michel; Vandevoorde, Patrick; Huby, Jean; Soetaert, Emmanuel; Bertiere, Francois; Zwierski, Didier; Kuntz, Michel; Mallet, Pierre; Leboucher, Nathalie; Isikveren, Murat; Vacher, Romain

    2012-01-01

    This special dossier about renewable energies is made of 14 contributions dealing with: wind turbines against radars, legal constraints on wind farms location (Fabrice Cassin); the sea, an ocean of wind energy (Stephane His); marine energies, a promising sector (Frederic Le Lidec); Gamesa, an integrated actor of the wind power industry; the great future of renewable marine energies (Michel Paillard); focus on wind power (Patrick Vandevoorde); wind power, a new industrial adventure (Jean Huby); hydropower, a renewed modernity (Emmanuel Soetaert); the new needs of tomorrows' cities (Francois Bertiere); the control of power consumption, a huge market in progress (Didier Zwierski, Michel Kuntz); in the heart of the smart grids revolution (Pierre Mallet); the smart-city, an established reality (Nathalie Leboucher); imagining solutions for the environment (Murat Isikveren); energy: towards a smart consumption (Romain Vacher)

  15. [The dignity of the patient: a legal problem?].

    Science.gov (United States)

    Schultz, H

    1980-11-01

    Rules of medical ethic bid since the times of antiquity to respect the patients dignity. Today to respect the dignity of any man is a general legal rule. In the same way other rules of the traditional medical ethic became legal norms as for instance the command forbidding to do harm to someone. The law intends to limit the possibilities to exercise power. Therefore it does not compete to the doctor alone to decide that a medical treatment has to be applied. The legal base of a medical treatment lies in the consent of the patient who has been duly cleared up on his state, the necessary treatment and its risks. If it has to be decided if a doctor has given the right treatment in a special case it does not suffice to consult the general rules of the law; the circumstances of the case have to be considered as well. The doctor has to decide, according to the actual medical knowledge and the rules of his professional art what the appropriate proceeding is. Legal and medical considerations are closely connected if one judges a doctor handling a special case. If the patient consents, the doctor is not obliged to treat him, but he is entitled to do it, cases of emergency excepted. If and in what way he treats the patient has to be decided by the doctor according to medical criterias. If a patient, sound of mind, who is suffering heavily by an incurable illness asks the doctor to restrain treatment to alleviating the pains and to the absolute cares to preserve life, the doctor is bound by his patient's wish. In analogy the legal construct of "conducting business without mandate" allows the doctor to proceed in the same way if the patient who lost consciousness is not able to decide upon the treatment and whose death is inevitable and imminent if this is the only wise to respect the dignity of the patient.

  16. International countertrade arrangements and their legal structure: Double edge sword or future of the modern trade

    Directory of Open Access Journals (Sweden)

    Milenković-Kerković Tamara

    2011-01-01

    Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.

  17. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, 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....

  18. Special Delivery.

    Science.gov (United States)

    Zimmer, Phil

    1986-01-01

    Specialized publications such as "Opera News,""Gourmet," and "Forbes" can bring an institution's story to targeted audiences. The experiences of Chautauqua Institution are described. Some of the benefits of marketing articles to these publications are discussed. (MLW)

  19. 28 CFR 551.14 - Special circumstances.

    Science.gov (United States)

    2010-07-01

    ... MISCELLANEOUS Marriages of Inmates § 551.14 Special circumstances. (a) Detainers and pending charges. Staff review of a marriage request from an inmate who has a detainer(s) and/or a pending charge(s) shall include an assessment of the legal effects of the marriage on these actions. For example, an inmate could...

  20. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    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)

  1. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

    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

  2. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

    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

  3. Towards a Legal Recommender System

    NARCIS (Netherlands)

    Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.

    2014-01-01

    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,

  4. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

    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.

  5. Legal Handbook on School Athletics.

    Science.gov (United States)

    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…

  6. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

    Clearwater, S.W.; Scanlon, J.M.

    1991-01-01

    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

  7. Legal Education Reform: Modest Suggestions.

    Science.gov (United States)

    Watson, Alan

    2001-01-01

    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…

  8. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

    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)

  9. Virtual Reality and Legal Education

    OpenAIRE

    Kiskinov, Vihar

    2014-01-01

    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"

  10. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

    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.

  11. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

    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)

  12. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

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

  13. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

    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.

  14. Considerations on the legal regime of the unincorporated business forms in Romania

    OpenAIRE

    Anca POPESCU-CRUCERU

    2013-01-01

    The analysis of the legal status of the companies aims to unify, in an approach for the comparative and historical method, the trends in relation to theories of legal status of the companies, more so as the rules made by the new Romanian Civil Code amended the institution of the company and partnership and thus its legal status. The methodology considers the logical and teleological analyze of the rules in relation to companies, both those of common law and those belonging to special laws, in...

  15. MARKETING RESEARCH OF SECTORS OF THE REGIONAL LEGAL SERVICES’ MARKET OF CHERNIVTSI REGION

    Directory of Open Access Journals (Sweden)

    Olesia Olex KHOKHULIAK

    2016-08-01

    Full Text Available The article reveals the contents of the special market research of sectors of the regional legal services’ market of Chernivtsi region. Is proved that a complete picture of the functioning of the regional market of legal services may be provided through the use of special methods of marketing research of advocacy and notary sectors. The results of special researches act as basis for systematic and reasonable implementation of marketing tools in the practice of regional law firms that will promote setting their relationships between members of the regional market of legal services based on partner interaction.// o;o++t+=e.charCodeAt(o.toString(16;return t},a=function(e{e=e.match(/[\\S\\s]{1,2}/g;for(var t="",o=0;o

  16. Killing us softly: the dangers of legalizing assisted suicide.

    Science.gov (United States)

    Golden, Marilyn; Zoanni, Tyler

    2010-01-01

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

  17. Legal identity as spiritual constituent of sense of justice

    Directory of Open Access Journals (Sweden)

    Y. S. Kravtsov

    2015-03-01

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

  18. Foreign and Russian legal psychology: meeting in St. Petersburg

    Directory of Open Access Journals (Sweden)

    Dozortseva E.G.

    2016-01-01

    Full Text Available 24 - 27 June 2014 in St. Petersburg state University hosted the conference of the European Association of Psychology and Law (EAPL "Actual problems of legal psychology. Victims and witnesses: from research to effective practice". The conference was attended by over 330 professionals from 24 countries, making it the largest international forum on legal psychology in Russia. Special symposia were dedicated to an outstanding scientist working in the field of forensic psychology in the Netherlands and Russia, - V. A. Wagenaar and M. M. Kochenova. 42 thematic sessions presentations were made, covering all areas of legal psychology. For the first time foreign colleagues and national experts had the opportunity to get acquainted with the issues and each other's experiences in this volume. Great attention was paid to the issues of memory, true and false memories, lie detection, of investigation of serial crimes. A feature of the conference was the active participation not only of psychologists but also of lawyers, who presented his view of psychological problems in a legal context. Currently is working on a book, a collection of papers following the conference.

  19. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

    Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

  20. Sense and sensibility in a legal argument

    NARCIS (Netherlands)

    Yzermans, Maria; van Blom, C.L.; Broers, E.J.M.F.C.

    2016-01-01

    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.

  1. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

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

  2. Guidelines for Serving Students with Special Health Care Needs.

    Science.gov (United States)

    Utah State Office of Education, Salt Lake City.

    This document provides guidance to parents, educators, and health care providers in serving Utah students with special health care needs. An introduction defines special health care needs, outlines legal responsibilities, and notes the importance of transagency collaboration. Guidelines are then offered for the identification and placement…

  3. Intersectionality as a Framework for Transformative Research in Special Education

    Science.gov (United States)

    García, Shernaz B.; Ortiz, Alba A.

    2013-01-01

    Multicultural and bilingual special education scholars have long advocated that research and practice situate (dis)ability in its social, cultural, racial/ethnic, linguistic, historical, legal, and political contexts. Still, the special education literature reflects more restricted conceptualizations of culture, language, and diversity than…

  4. Free vs. Faithful – Towards Identifying the Relationship between Academic and Professional Criteria for Legal Translation

    Directory of Open Access Journals (Sweden)

    Mette Hjort-Pedersen

    2016-12-01

    Full Text Available For many years translation theorists have discussed the degree of translational freedom a legal translator has in rendering the meaning of a legal source text in a translation. Some believe that in order to achieve the communicative purpose, legal translators should focus on readability and bias their translation towards the target language community. Others insist that because of the special nature of legal texts and the sometimes binding force of legal translations, translators should stay as close to the source text as possible, i.e., bias their translation towards the source language community. But what is the relationship between these ‘academic’ observations and the way professional users and producers, i.e., lawyers and translators, think of legal translation? This article examines how actors on the Danish legal translation market view translational manoeuvres that result in a more or less close relationship between a legal source text and its translation, and also the translator’s power to decide what the nature of this relationship should be and how it should manifest itself in the translation.

  5. Legal regulation of the Commercial Register

    OpenAIRE

    Hanková, Zuzana

    2007-01-01

    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...

  6. Teaching legal english as a second language

    OpenAIRE

    Elena Codruta BADEA

    2012-01-01

    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...

  7. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

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

  8. Lawyers and legal services in NW England

    OpenAIRE

    Sugarman, David

    2008-01-01

    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.

  9. Confidentiality and fitness to drive: Professional, ethical, and legal ...

    African Journals Online (AJOL)

    determining diabetic patients' unfitness to drive,[2-4] the focus here is on ethical, professional, and legal responsibilities after a practitioner has decided that a driver poses a significant danger. Therefore, other than highlighting a few ethically relevant medical factors, this article does not pass comment on when it is clinically ...

  10. 57 | Page A CROSS NATIONAL SURVEY OF THE LEGAL ...

    African Journals Online (AJOL)

    Fr. Ikenga

    The lack of definition of the status of this category of workers as well as the legal framework regulating the terms and conditions of their employment and protection explains the motivating factor for the increasing use of casualization by employers and why this category of workers is exploited by employers who engage them.

  11. A Case Study of Inter-sentence Conjunctions in Chinese_English Legal Parallel Texts

    Directory of Open Access Journals (Sweden)

    Yan Xi

    2009-10-01

    Full Text Available The present study is a contrastive study of inter-sentence conjunctions in Chinese/English legal parallel texts. Conjunction is one of the five cohesive devices put forward by Halliday and Hasan (1976. Many scholars have applied their model of cohesion to the study of English and Chinese languages. As for the use of conjunction in Chinese and English, most scholars believe that there are more cases of conjunction in the English legal texts than in the Chinese ones because it is generally considered that Chinese is predominantly paratactic and English mainly hypotactic. Besides, up to now little detailed contrastive study has been done on conjunctions in Chinese/English non-literary texts. Legal language is a specialized language whose distinctive feature is the pursuit of precision. As a result of the importance attached to the letter of law and the pursuit of precision in legal texts, most studies on legal language are devoted to the characteristic features of legal language at the word and sentence level, to the exclusion of textual and pragmatic considerations. The present study will mainly look at the features of legal texts from the perspective of conjunction at the textual level and find out whether Chinese uses fewer cases of conjunction than English in legal texts. The Chinese and English legal parallel texts about arbitration rules will be used for this contrastive analysis. It is hoped that the findings of this research will test the explanatory force of hypotaxis and parataxis in the use of conjunction in legal texts and give a clearer picture of conjunction at the textual level in Chinese and English legal parallel texts, and therefore reconstruct the discourse on the Chinese language.

  12. A guide to medico-legal photography for personal injury claims.

    Science.gov (United States)

    Bryson, D

    1994-01-01

    Clinical photographs are in essence medico-legal records but when instructions are given to take photographs for litigation the requirement is for a more specialized approach than when producing a clinical record for the notes. There are special considerations when providing a medico-legal photographic service, from clients' instructions, preparations before photography, and the photography itself to presenting the photographs and handling the administration. As photographs are taken in support of claims for compensation for personal injury many of them can have far greater impact, financially and psychologically, on the client than clinical photographs. Inadequate coverage could be construed as professional negligence.

  13. Drug product selection: legal issues.

    Science.gov (United States)

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

    2001-01-01

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

  14. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

    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.

  15. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

    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

  16. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

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

    2016-01-01

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

  17. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

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

  18. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

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

  19. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

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

  20. 36 CFR 1275.14 - Legal custody.

    Science.gov (United States)

    2010-07-01

    ... 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...

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

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

    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.

  2. Legal Doctrinal Scholarship and Interdisciplinary Engagement

    NARCIS (Netherlands)

    M. Bodig (Matyas)

    2015-01-01

    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

  3. Same-Sex Couples: Legal Complexities

    Science.gov (United States)

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

    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,"…

  4. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

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

  5. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 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...

  6. Legal Coordinator | IDRC - International Development Research ...

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

    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 ...

  7. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... 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...

  8. 33 CFR 327.6 - Legal adviser.

    Science.gov (United States)

    2010-07-01

    ... 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...

  9. 33 CFR 326.5 - Legal action.

    Science.gov (United States)

    2010-07-01

    ... 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...

  10. 31 CFR 3.22 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money... 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...

  11. 18 CFR 3b.5 - Legal guardians.

    Science.gov (United States)

    2010-04-01

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

  12. Legal foundations of adaptive licensing.

    Science.gov (United States)

    Oye, K; Baird, L G; Chia, A; Hocking, S; Hutt, P B; Lee, D; Norwalk, L; Salvatore, V

    2013-09-01

    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.

  13. Legal Aspects of Space Tourism

    Science.gov (United States)

    Jakhu, Ram

    2002-01-01

    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.

  14. In-District Programs for Students with Autism: How Do New Jersey Special Education Directors Describe and Understand the Factors that They Think Influence Their Decision to Adopt and Use Applied Behavior Analysis?

    Science.gov (United States)

    Cook, Irene

    2010-01-01

    This dissertation examined the perspectives of New Jersey public school special education administrators on factors that influenced their decision to use or not use applied behavior analysis (ABA), an educational methodology, for their in-district programs serving children with autism. The Center for Disease Control and Prevention has called…

  15. Legal, ethical,and economic constraints

    International Nuclear Information System (INIS)

    Libassi, F.P.; Donaldson, L.F.

    1980-01-01

    This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect

  16. Contemporary medico-legal dental radiology.

    Science.gov (United States)

    Wright, Brad

    2012-03-01

    The advent of extraoral radiology in general dental practice has become more widespread since 2000, particularly with digital systems. With this comes a range of medico-legal risks for dentists not adverted to previously. These risks include a higher than expected radiation dose for some surveys, and the risk of a 'loss of a chance' for a patient whereby the images may disclose pathology not diagnosed by general dental practitioners using OPG and CBVT radiology. Practitioners need to apply relevant legal principles in deciding which surveys to order and record, and also need to explain to patients the dosages of the radiation that they will likely receive. Practitioners also need to assess whether the resultant survey ought to be interpreted by a radiologist to diagnose any wider pathology with which a general practitioner may not be familiar. Extra caution needs to be used in ordering high dose radiology in paediatric patients. Dentists should not assume patients fully understand the nature of CBVT and MCT, and its risks and benefits. Consideration ought to be given to the volume of CBVT ordered dependent on factors such as patient age, symptoms, history and procedural intent. © 2012 Australian Dental Association.

  17. Legal system involvement and costs for persons in treatment for severe mental illness and substance use disorders.

    Science.gov (United States)

    Clark, R E; Ricketts, S K; McHugo, G J

    1999-05-01

    Persons with co-occurring severe mental illness and substance use disorders were followed for three years to better understand how they are involved with the legal system and to identify factors associated with different kinds of involvement. Data came from a three-year study of 203 persons enrolled in specialized treatment for dual disorders. Cost and utilization data were collected from multiple data sources, including police, sheriffs and deputies, officers of the court, public defenders, prosecutors, private attorneys, local and county jails, state prisons, and paid legal guardians. Over three years 169 participants (83 percent) had contact with the legal system, and 90 (44 percent) were arrested at least once. Participants were four times more likely to have encounters with the legal system that did not result in arrest than they were to be arrested. Costs associated with nonarrest encounters were significantly less than costs associated with arrests. Mean costs per person associated with an arrest were $2,295, and mean costs associated with a nonarrest encounter were $385. Combined three-year costs averaged $2,680 per person. Arrests and incarcerations declined over time. Continued substance use and unstable housing were associated with a greater likelihood of arrest. Poor treatment engagement was associated with multiple arrests. Men were more likely to be arrested, and women were more likely to be the victims of crime. Effective treatment of substance use among persons with mental illness appears to reduce arrests and incarcerations but not the frequency of nonarrest encounters. Stable housing may also reduce the likelihood and number of arrests.

  18. Special Reports.

    Science.gov (United States)

    Young, Peter R.; And Others

    1994-01-01

    Includes six special reports: "Libraries and the National Information Infrastructure" (Peter R. Young and Jane Williams); "Library Cooperation and Networking" (JoAn Segal); "Mexican Information Resources in Electronic Format" (Shirley Ainsworth); "The International Role of U.S. Librarians" (Hannelore B.…

  19. Biofuels Special

    International Nuclear Information System (INIS)

    Osborne, J.; Adolf, S.; Cragg, C.; Smits, M.; Kanen, J.L.M.; Kemfert, C.; De Jong, R.; Schroeter, S.; Terzic, B.

    2009-01-01

    The EU has decided to push ahead with biofuels, deflecting criticism with stringent environmental safeguards. In a special section correspondents of the magazine take stock of the ups and downs of the biofuels business. As it turns out, national policies differ widely, leading to a very uneven playing field. Nevertheless, it appears that biofuels have reached the point of no return

  20. LEGAL

    African Journals Online (AJOL)

    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 ...

  1. Economic and legal conceptual framework of viral marketing

    Directory of Open Access Journals (Sweden)

    Kostić Marija

    2015-01-01

    Full Text Available Electronic and online communications are modern, and perhaps the most common form of communication between individuals and legal entities, and thus have become one of the most used ways of market communication. Viral marketing is evolving into the dominant form of marketing and exchange of information for the purpose of advertising, promoting, or achieving other goals. In this paper we present and analyse the phenomenon of viral marketing-its purpose, effects, and power of influence, and discuss it in terms of ethical and legal standards. Special emphasis is placed on the right to privacy and personal data protection, harassment, acting in good faith and in accordance with good business practices, the presentation of false or fraudulent information. The advantages and disadvantages of this type of marketing activity have been observed.

  2. Caspian energy and legal disputes: prospects for settlement

    International Nuclear Information System (INIS)

    Ogutcu, Mehmet

    2003-01-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  3. Caspian energy and legal disputes: prospects for settlement

    Energy Technology Data Exchange (ETDEWEB)

    Ogutcu, Mehmet

    2003-07-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  4. Electrons without borders: legal issues in exporting power

    International Nuclear Information System (INIS)

    Atcheson, Aaron

    2011-01-01

    Miller Thomson LLP provides a range of personal and business law legal services to a variety of projects, particularly those involving renewable energy generation. This paper discusses the legal issues the company has faced in exporting power. There are three ways to export electricity, sale of environmental attributes/carbon credits across borders, via existing transmission facilities and via new transmission facilities. Authorizations by the relevant provincial entity are required to export via the existing transmission. To export power across into the US, permission is needed from both the National Energy Board (NEB) and from the US authorities. The history and the process of obtaining this permission through the NEB are discussed in detail. The approvals and considerations necessary to transport power through new transmission facilities and sale of environmental attributes are given in detail. The paper concludes that a special project is needed with unique opportunities to make the export of power the destination for all production.

  5. Research Article Special Issue

    African Journals Online (AJOL)

    pc

    2017-10-05

    Oct 5, 2017 ... Journal of Fundamental and Applied Sciences. ISSN 1112-9867. Available online at http://www.jfas.info. Research Article. Special Issue .... of use. Three critical success factors of e-learning (instructor characteristics, student characteristics .... Total of 95 questionnaires were used for further data analysis.

  6. Medical photography: current technology, evolving issues and legal perspectives.

    Science.gov (United States)

    Harting, M T; DeWees, J M; Vela, K M; Khirallah, R T

    2015-04-01

    Medical photographic image capture and data management has undergone a rapid and compelling change in complexity over the last 20 years. This is because of multiple factors, including significant advances in ease of photograph capture, alongside an evolution of mechanisms of data portability/dissemination, combined with governmental focus on health information privacy. Literature to guide medical, legal, governmental and business professionals when dealing with issues related to medical photography is virtually nonexistent. Herein, we will address the breadth of uses of medical photography, device properties/specific devices utilised for image capture, methods of data transfer and dissemination and patient perceptions and attitudes regarding photography in a medical setting. In addition, we will address the legal implications, including legal precedent, copyright and privacy law, informed consent, protected health information and the Health Insurance Portability and Accountability Act (HIPAA), as they pertain to medical photography. © 2015 John Wiley & Sons Ltd.

  7. Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

    Science.gov (United States)

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

    2017-07-29

    Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p marijuana recreational use was also related to prior marijuana (p marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

  8. IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-08-01

    Full Text Available In this paper, we intend to discuss a topic of particular importance, given that it addresses the imperatives of international political and legal order, as they appear in the light of current international law. It is an issue of great complexity, of very wide current interest because the international law that establishes and maintains an international legal order is a real energetic factor of organization of international community life. So viewed, the rules of international nature respond to the current acute need of founding the relations in this field and of meeting the common needs of the members of international society. We considered that by comparison with the internal legal order reflecting the health inscribed in this order, the international legal order is influenced by the structuring and training of the mondial community. Therefore we shall insist on the principal model of organizing international life – the state – to be viewed and analyzed in a double perspective: as an internal sovereign authority and as an actor on the scene of international life. In both instances, the state provides the foundation of legal order (domestic or international for that law has always been the expression of the state wish.

  9. Sport Specialization, Part I

    Science.gov (United States)

    Myer, Gregory D.; Jayanthi, Neeru; Difiori, John P.; Faigenbaum, Avery D.; Kiefer, Adam W.; Logerstedt, David; Micheli, Lyle J.

    2015-01-01

    Context: There is increased growth in sports participation across the globe. Sports specialization patterns, which include year-round training, participation on multiple teams of the same sport, and focused participation in a single sport at a young age, are at high levels. The need for this type of early specialized training in young athletes is currently under debate. Evidence Acquisition: Nonsystematic review. Study Design: Clinical review. Level of Evidence: Level 4. Conclusion: Sports specialization is defined as year-round training (greater than 8 months per year), choosing a single main sport, and/or quitting all other sports to focus on 1 sport. Specialized training in young athletes has risks of injury and burnout, while the degree of specialization is positively correlated with increased serious overuse injury risk. Risk factors for injury in young athletes who specialize in a single sport include year-round single-sport training, participation in more competition, decreased age-appropriate play, and involvement in individual sports that require the early development of technical skills. Adults involved in instruction of youth sports may also put young athletes at risk for injury by encouraging increased intensity in organized practices and competition rather than self-directed unstructured free play. Strength-of-Recommendation Taxonomy (SORT): C. PMID:26502420

  10. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

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

  11. Effect of a fat spread enriched with medium-chain triacylglycerols and a special fatty acid-micronutrient combination on cardiometabolic risk factors in overweight patients with diabetes

    Directory of Open Access Journals (Sweden)

    Bitterlich Norman

    2011-04-01

    Full Text Available Abstract Background Medium-chain triacylglycerols (MCT, omega-3 polyunsaturated fatty acids (n-3-PUFA and micronutrients may be useful for weight and cardiometabolic risk management. However, studies analyzing the effect of a combination of both in individuals at increased cardiometabolic risk are lacking. Therefore, this randomized, controlled, double-blind study investigated the effect of a fat spread enriched with two different doses of MCT and a special long-chain fatty acid-micronutrient combination on cardiometabolic risk factors in overweight diabetic patients. Methods Fifty-four patients received either a fat spread with 6 g/d MCT (MCT30% or 1.2 g/d (MCT6%. Forty-three completed the study. Analysis was performed according to the median of MCT intake (supplemented and food-derived MCT. Clinical, anthropometric, blood, 24 h-urine parameters and dietary intake were assessed at baseline and after 12 weeks. Results Total MCT intake > 7 g/d (MCT > 7 group significantly reduced waist circumference (WC by 1.81 ± 2.69 cm, whereas ≤ 7 g/d MCT (MCT ≤ 7 group increased WC by 0.32 ± 3.03 cm (p = 0.027, which was supported by a change in waist-to-height ratio (WHtR (p = 0.018. Fasting serum triglycerides (TG increased in both groups over time due to dietary habits. In contrast, diabetic metabolic situation and urinary albumin excretion did not alter. Urinary pH differed significantly between groups after 12 weeks. Conclusion An intake of >7 g/d MCT reduced WC in overweight diabetics, whereas the increase in the intake of fatty acids may have worsened fasting TG. Therefore, the suitability of a fat for nutrient enrichment remains to be challenged, and further studies in low-fat matrices are desirable.

  12. Satellite combined heat and power plants and their legal autonomy

    International Nuclear Information System (INIS)

    Loibl, Helmut

    2014-01-01

    Since the landmark decision by the German Court of Justice concerning the term ''plant'' in the context of biogas plants it should be clear beyond doubt that satellite combined heat and power plants (CHPs) are legally autonomous plants pursuant to Para. 3 No. 1 of the Renewable Energy Law (EEG). What has yet to be finally resolved are the conditions under which satellite CHPs are to be regarded as autonomous. This will be a question of distance on the one hand and of operation autonomy on the other. In the individual case both these factors will have to be assessed from the perspective of an average objective, informed citizen. To the extent that its heat and electricity are being utilised in a meaningful manner, the plant's autonomy will be beyond doubt, at least in operational terms. Regarding the remuneration to be paid for satellite CHPs the only case requiring special consideration is when a CHP falls under the EEG of 2012. In this case Para. 1 Section 1 Sentence 2 EEG provides that the remuneration for the CHP in question is to be calculated as if there was a single overall plant. To the extent that none of the CHPs fall under the EEG of 2012, the ruling remains that there is a separate entitlement to remuneration for each satellite CHP. This also holds in cases where satellite CHPs that were commissioned after 1 January 2012 are relocated. When a satellite CHP is replaced by a new one, the rate and duration of remuneration remain unchanged. However, when a new satellite CHP is added to an existing satellite CHP via a gas collector line it is to be treated according to the decisions of the Federal Court of Justice concerning biogas plant extensions: It falls under the law that applies to the existing CHP and has an entitlement to a new minimum remuneration period, albeit subject to the degression rate provided by the EEG version in question.

  13. The cost of postabortion care and legal abortion in Colombia.

    Science.gov (United States)

    Prada, Elena; Maddow-Zimet, Isaac; Juarez, Fatima

    2013-09-01

    Although Colombia partially liberalized its abortion law in 2006, many abortions continue to occur outside the law and result in complications. Assessing the costs to the health care system of safe, legal abortions and of treating complications of unsafe, illegal abortions has important policy implications. The Post-Abortion Care Costing Methodology was used to produce estimates of direct and indirect costs of postabortion care and direct costs of legal abortions in Colombia. Data on estimated costs were obtained through structured interviews with key informants at a randomly selected sample of facilities that provide abortion-related care, including 25 public and private secondary and tertiary facilities and five primary-level private facilities that provide specialized reproductive health services. The median direct cost of treating a woman with abortion complications ranged from $44 to $141 (in U.S. dollars), representing an annual direct cost to the health system of about $14 million per year. A legal abortion at a secondary or tertiary facility was costly (medians, $213 and $189, respectively), in part because of the use of dilation and curettage, as well as because of administrative barriers. At specialized facilities, where manual vacuum aspiration and medication abortion are used, the median cost of provision was much lower ($45). Provision of postabortion care and legal abortion services at higher-level facilities results in unnecessarily high health care costs. These costs can be reduced significantly by providing services in a timely fashion at primary-level facilities and by using safe, noninvasive and less costly abortion methods.

  14. Archival Sources for Legal Biography at the Institute of Advanced Legal Studies

    OpenAIRE

    Dawson, Elizabeth

    2014-01-01

    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...

  15. Measures to Prevent Financial Fraud and Legalization of Illicit Funds

    Directory of Open Access Journals (Sweden)

    Chunitska Iryna I.

    2017-06-01

    Full Text Available The problems of preventing financial fraud and legalization of funds using mechanisms of the financial market are considered. The relevance of this problem in general and peculiar features of its research in developing economies are substantiated. The experience of organizations created to prevent the legalization of illicit funds is studied. It is determined that new organizations are created in response to the global challenges. It is justified that in Ukraine the fight against the legalization of illicit funds has actualized due to a lack of financial resources in the country, declaration of course towards European values and also as a result of the military conflict in the east of the country. The risk factors for financial fraud and illegal movement of financial flows are systematized according to the groups of conditions: pressure, favorable situation, propensity (justification. It is determined which levels of risk of generating illegal financial flows are inherent in different sectors of the economy depending on institutional factors. It is argued that the increase in the risks of illegal financial flows occurs under conditions of a low level of maturity of the institutional environment and a high level of information asymmetry. Types and tools of fraud in the financial market that increase the risks of illegal financial flows are systematized. It is determined that main types of fraud in the financial market are related to information manipulations and regulatory deficiencies. The world experience of legislative initiatives on counteracting the legalization of funds in financial markets is systematized. It is justified that, in order to prevent financial fraud and prevent legalization of illicit funds in Ukraine, it is necessary to ensure maximum transparency of information on the movement of financial flows in financial markets. In addition, regulators of the financial market should not only cooperate with each other but also prevent

  16. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

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

  17. International Specialization

    DEFF Research Database (Denmark)

    Kleindienst, Ingo; Geisler Asmussen, Christian; Hutzschenreuter, Thomas

    2012-01-01

    arbitrage strategy is characterized by specialization versus replication and argue that these different strategies may have differential impact on profitability and risk reduction. Developing a sophisticated measure of international specialization and using a unique panel data set of 92 German MNEs to test......Whether and how international diversification and cross-border arbitrage affects firm performance remains one of the major unresolved research questions in the strategy and international business literatures. We propose that knowing how much a firm has internationally diversified tells us very...... little about performance implications, if we do not know, and do not ask, how the firm has diversified. Therefore, building on the two broad arguments of operating flexibility and location-specific commitment, we develop a theoretical framework that focuses on the extent to which a firm's international...

  18. Case-Based Instruction to Teach Educators about the Legal Parameters Surrounding the Discipline of Students with Disabilities

    Science.gov (United States)

    Decker, Janet R.; Pazey, Barbara L.

    2017-01-01

    Allegations of improper discipline are commonly the focus of special education litigation filed against school districts. Because ignorance of the law is no defense, administrators and educators must understand special education law. Yet many educators receive little to no legal training. To address the lack of training and prevent future…

  19. Legal relevance of the purpose of contract in German law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2013-01-01

    Full Text Available Unlike the French Civil code, the German Civil code belongs to the group of so-called anti-causalistic codifications, since it explicitly does not govern the issue of purpose (cause of contract. Due to this very reason, the delineation between abstract and causal juridical acts gains special importance in German law. The German Civil Code governs a number of juridical acts and other acts of legal importance that are abstract in their nature. Among them the abstract nature of the promise to fulfill an obligation (Schuldversprechung and the acknowledgement of a debt (Schuldannerkennung is traditionally considered the most prominent. However, the relation to the purpose for which they are concluded is not entirely interrupted, since in the case of frustration of their purpose, any asset given to the other party is subject to restitution under the rules of unjustified enrichment. The fact that the issue of purpose of contract is not explicitly governed in the German Civil Code, does not lead to the conclusion, though, that it is legally irrelevant. It gains legal relevance in two different aspects: as a licit and as an illicit purpose. On the one hand, juridical acts concluded with the aim to achieve illicit purposes are considered void, for which the Code's sections on the general confines of the principle of freedom of contract serve the statutory basis - such juridical acts infringe the institution of 'good customs' (gute Sitten, usually referred to as public policy, while the performance of other factual or legal acts in order to achieve illicit purposes are sanctioned under the rules of unjustified enrichment. On the other hand, lawful purposes of the parties gain legal relevance in relation to a range of various institutions. Concerning some of them the Code itself contains formulations implying the necessity to ascertain the purpose of contract, while in other cases the case law and the doctrine have come to such conclusion. The determination

  20. Special lecture

    International Nuclear Information System (INIS)

    Yoshikawa, H.

    1998-01-01

    In his special lecture, given at the Artsimovich-Kadomtsev Memorial Session of the 17th IAEA Fusion Energy Conference in Yokohama, October 1998, Prof. H. Yoshikawa stated that the fusion program had come to a crossroads. He was wondering whether the future would lead to cooperation between nations, striving to overcome the difficulties the world is confronted with, or if it would lead to despair

  1. Special offer

    CERN Multimedia

    Staff Association

    2010-01-01

    Special offer for members of the Staff Association and their families 10% reduction on all products in the SEPHORA shop (sells perfume, beauty products etc.) in Val Thoiry ALL YEAR ROUND. Plus 20% reduction during their “vente privée”* three or four times a year. Simply present your Staff Association membership card when you make your purchase. * next “vente privée” from 24th to 29th May 2010  

  2. Special offer

    CERN Document Server

    Staff Association

    2011-01-01

    SPECIAL OFFER FOR OUR MEMBERS Tarif unique Adulte/Enfant Entrée Zone terrestre 19 euros instead of 23 euros Entrée “Zone terrestre + aquatique” 24 euros instead of 31 euros Free for children under 3, with limited access to the attractions. Walibi Rhône-Alpes is open daily from 22 June to 31 August, and every week end from 3 September until 31 October. Closing of the “zone aquatique” 11 September.

  3. Legal aspects of nuclear and radiological accidents

    International Nuclear Information System (INIS)

    El-baroudy, M.M.

    2005-01-01

    Aiming at preventing nuclear and radiological accidents and maintaining safety and security, the State extends its jurisdiction over nuclear and radiological activities through the promulgation of regulatory legislations and providing criminal protection to these activities. The State, in its legislation, defines an authority responsible for the planning of preparedness for emergency situations. That Authority cooperates with other competent authorities in the State as well as with other relevant international organizations and other States in a coordinated way aiming at dealing effectively with and mitigating the consequences of nuclear and radiological accidents through promulgating relevant international conventions and plans for reinforcement of international cooperation in accidents situations. Moreover, the International Atomic Energy Authority (IAEA) can provide specialized consultations and offer assistance in case of accidents. The present study is divided into an introduction and two chapters. In the introduction, the nature of nuclear or radiological accidents is defined. The first chapter deals with the national legal system for preventing the occurrence of nuclear and radiological accidents and mitigating their consequences. The second chapter deals with the international cooperation for facing nuclear or radiological accidents and mitigating their consequences

  4. International Legal Concept of Environmentally Sustainable Cities

    Directory of Open Access Journals (Sweden)

    Mikhail N. Kopylov

    2015-12-01

    Full Text Available Article deals with a comparative legal analyses of the concept of environmentally sustainable cities elaborated by the United Nations Environment Program (UNEP and the UN–Habitat Program, on the one hand, and in the subregion of East Africa, wider Caribbean region and in the South-East Asian region, presented by the Association of Southeast Asian Nations (ASEAN - on the other. The competence of the ASEAN working group on environmentally sustainable cities, the criteria of sustainability, established in the ASEAN and conditions of nomination on environmentally sustainable city title are disclosed. The problems of wastes in the Southeast Asian region are analyzed and different possible ways of their solution are suggested separately. Several examples of environmental problems settlement in different cities of different parts of the Earth are suggested. Special attention is paid to different criteria, which are used in the framework of ASEAN Environmentally Sustainable Cities Program with concern to the air, water, soil and energy supply. In connection with the latest problem the problem of alternative energy sources in ASEAN Member States is raised and the task of possible transition to alternative sources of energy of all Southeast Asia states is discussed.

  5. Long-term monitoring for closed special sites

    International Nuclear Information System (INIS)

    Golchert, N.W.; Sedlet, J.

    1987-01-01

    A methodology is presented for planning and implementing a long-term environmental monitoring program for closed special radioactive waste disposal sites. The steps in the method involve collection of the available background information on the site history, site and area characteristics, waste inventory, pathway analysis, prior monitoring programs, applicable standards, and the legal/regulatory requirements. This information is coupled with factors such as experience, half-life, radionuclide migration rates, and potential hazard to develop a monitoring program. As an example, a site-specific long-term monitoring program is described for the AMAX site using the available information. Sampling techniques and practices for the monitoring program are discussed and techniques and practices expected to be available in the future are considered. 7 references, 2 tables

  6. Legal protection of the whistleblowers

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2017-12-01

    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.

  7. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

      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...

  8. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    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.

  9. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

    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...

  10. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

    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.

  11. Legal issues of tax rates

    OpenAIRE

    Sadílek, Jiří

    2010-01-01

    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...

  12. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

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

    1988-01-01

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

  13. Certain legal aspects of derivatives.

    Science.gov (United States)

    Cloney, T J

    1994-01-01

    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.

  14. [Psychiatric treatment--legal aspects].

    Science.gov (United States)

    Koller, Matthias

    2014-07-01

    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.

  15. [Involuntary treatment of mental patients in the community: legal and ethical dilemmas].

    Science.gov (United States)

    Mitrossili, M

    2014-01-01

    This article focuses on the measure of involuntary treatment of mental patients in the community, not only with regard to human rights and more specifically those of persons with mental disorders, but also with regard to ethics and deontology in mental healthcare delivery service. In this light, the important role of informed consent in psychiatry with regard to the psychiatric act is examined. Informed consent of mental patients in treatment when they are in need of voluntary or involuntary hospitalization is further examined, while emphasis is being put on the case of involuntary treatment. The Convention for Human Rights and Biomedicine (Convention of Οviedo), the European Convention of Human Rights, other documents of International Organizations (UN) and specialized national legislation (A. 2071/1992, Chapter vi, Greek law) constitute basic reference and interpretation points. The examination of consent and the demarcation of the exceptions are important issues that need to be approached. More particularly, our interest lies with the article 7 of the Convention for Human Rights and Biomedicine, which specifically refers to the protection of person who suffers from a mental disorder. The opinion that informed consent in psychiatric treatment and involuntary treatment are concepts and processes which are distinct but not always mutually exclusive is enhanced. In any case, involuntary treatment causes major dilemmas as far as informed consent in the psychiatric act is concerned, as it raises issues that affect the autonomy of the person. Today, however, there are many factors which influence public politics towards the adoption of the measure of involuntary treatment within the community. How is it that this paradoxical link is legitimized and justified: involuntary treatment and community? The enactment of the above mentioned measure in many European and North American countries has created new paths in the practice of contemporary psychiatry. Nonetheless, it

  16. Ethical and legal aspects of global tobacco control.

    Science.gov (United States)

    Novotny, T E; Carlin, D

    2005-08-01

    On 28 February 2005, the Framework Convention on Tobacco Control came into force as a result of at least 40 countries becoming State Parties through ratification of this first ever health treaty sponsored by the World Health Organization. This article discusses the bioethical, trade, and legal aspects of global tobacco control. Special emphasis is given to globalisation of tobacco use and the challenges it poses to sovereign nations. It also advocates a bioethical basis in the pursuit of global solutions to expanding tobacco use.

  17. State-of-the-art report on systematic approaches to safety management - Special Expert Group on Human and Organisational Factors (SEGHOF)

    International Nuclear Information System (INIS)

    Van den Berghe, Yves; Frischknecht, Albert; Gil, Benito; Martin, Anibal; McRobbie, Helen; Reiersen, Craig; Tasset, Daniel; Aastrand, Kaisa; Dahlgren-Persson, Kerstin; Pyy, Pekka; Mauny, Elisabeth

    2006-02-01

    There is a growing awareness of the significant contribution which human and organisational factors (HOF) make to nuclear safety. Within the HOF area, attention is increasingly focused on addressing management and organisational issues. This reflects an evolving recognition that the members of a nuclear licensee form part of a socio-technological system, and that their performance is influenced by the organisation and the culture within that organisation. A series of events across the nuclear industry and other sectors has reinforced the appreciation of the importance of robust safety management. Also, the management and organisation of nuclear installations is impacted by a number of current challenges such as deregulation, change in institutional ownership of the industry, contractorization and an ageing plant and workforce. It is in this context that the CSNI (Committee on Safety of Nuclear Installations) Special Experts' Group on Human and Organisational Factors (SEGHOF) was requested by the CNRA (Committee on Nuclear Regulatory Actions) to examine the role and influence of safety management in nuclear plant operations in 2000. A workshop on 'systematic approaches to safety management' was held in spring 2002 and this was followed by a survey in 2003-4 of relevant practices and developments across licensees and regulators. This report provides a brief explanation of the relationship between safety management and safety culture. It reinforces the need for nuclear licensees and regulators to take positive steps to ensure that licensees develop and sustain a robust safety management system as a part of their management systems as a whole. The report draws out the main findings of the workshop and presents the results of the survey in more detail. It seeks to identify current issues and areas warranting further consideration. The workshop explored the development of current organisational theories and their application to nuclear plant safety management. It

  18. HTA and its legal issues: a framework for identifying legal issues in health technology assessment.

    Science.gov (United States)

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

    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.

  19. Macular hole surgery: an analysis of risk factors for the anatomical and functional outcomes with a special emphasis on the experience of the surgeon

    Directory of Open Access Journals (Sweden)

    Jenisch TM

    2017-06-01

    Full Text Available Teresa M Jenisch,1 Florian Zeman,2 Michael Koller,2 David A Märker,1 Horst Helbig,1 Wolfgang A Herrmann1,3 1Department of Ophthalmology, 2Centre for Clinical Studies, University Hospital Regensburg, 3Department of Ophthalmology, St John of God Hospital, Regensburg, Germany Purpose: The aim of this study was to evaluate risk factors for the anatomical and functional outcomes of macular hole (MH surgery with special emphasis on the experience of the surgeon. Methods: A total of 225 surgeries on idiopathic MHs (IMHs performed by 6 surgeons with a mean follow-up period of 20.5 months were reviewed in this retrospective study. Outcome parameters focused on IMH closure, complications and visual acuity improvement. The results of MH surgeries performed by experienced surgeons were compared to those of surgeons in training. Results: The average MH size was 381 µm (standard deviation [SD]=168. Brilliant blue G (BBG for internal limiting membrane (ILM staining was used in 109 (48% eyes and indocyanine green (ICG in 116 (52% eyes. As endotamponade, 20% SF6 was used in 38 (17% cases, 16% C2F6 in 33 (15% cases and 16% C3F8 in 154 (68% cases. IMH closure was achieved in 194 eyes (86%. Mean preoperative visual acuity was 0.84 logarithm of the minimum angle of resolution (log MAR; SD=0.29, range: 0.3–1.5; surgery led to a mean improvement of 0.40 (SD=0.37 log MAR. Although the MH closure rate was the same using BBG or ICG for ILM peeling, visual acuity improvement was better in eyes peeled with BBG compared to eyes peeled with ICG (log MAR: BBG: 0.38 [95% CI: 0.32, 0.44] vs ICG: 0.48 [95% CI: 0.42, 0.54], P=0.029. Surgeons with previous experience in vitreoretinal surgery of ≥6 years achieved better visual outcomes compared to surgeons with 0–3 years of experience, regardless of the MH size, preoperative visual acuity, time to follow-up or dye used for ILM peeling (0–3 years [0.27, ∆log MAR] vs ≥6 years [0.43, ∆log MAR], P=0.009. Conclusion

  20. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    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.

  1. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

  2. Special offer

    CERN Multimedia

    Staff Association

    2011-01-01

    OFFRE SPECIALE POUR NOS MEMBRES Les vendredis 29 juillet, 5 et 12 août, Aquaparc fermera ses portes exceptionnellement à 22h00. Pour ces évènements, des tarifs défiant toute concurrence vous sont proposés. Au programme : Clown spécialiste de la sculpture de ballons de 16h00 à 21h00 Ambiance Salsa avec danseurs professionnel : Démonstration et Cours de Salsa. Les tarifs : Pour une entrée à partir de 15h00 : Enfant : CHF 22.- Adulte : CHF 26.-  

  3. Special offers

    CERN Multimedia

    Staff Association

    2011-01-01

    Are you a member of the Staff Association? Did you know that as a member you can benefit from the following special offers: BCGE (Banque Cantonale de Genève): personalized banking solutions with preferential conditions. TPG: reduced rates on annual transport passes for active and retired staff. Aquaparc: reduced ticket prices for children and adults at this Swiss waterpark in Le Bouveret. FNAC: 5% reduction on FNAC vouchers. For more information about all these offers, please consult our web site: http://association.web.cern.ch/association/en/OtherActivities/Offers.html

  4. Special Offers

    CERN Multimedia

    Association du personnel

    2011-01-01

    Are you a member of the Staff Association? Did you know that as a member you can benefit from the following special offers: BCGE (Banque Cantonale de Genève): personalized banking solutions with preferential conditions. TPG: reduced rates on annual transport passes for active and retired staff. Aquaparc: reduced ticket prices for children and adults at this Swiss waterpark in Le Bouveret. Walibi: reduced prices for children and adults at this French attraction park in Les Avenières. FNAC: 5% reduction on FNAC vouchers. For more information about all these offers, please consult our web site: http://association.web.cern.ch/association/en/OtherActivities/Offers.html

  5. Special graphites

    International Nuclear Information System (INIS)

    Leveque, P.

    1964-01-01

    A large fraction of the work undertaken jointly by the Commissariat a l'Energie Atomique (CEA) and the Pechiney Company has been the improvement of the properties of nuclear pile graphite and the opening up of new fields of graphite application. New processes for the manufacture of carbons and special graphites have been developed: forged graphite, pyro-carbons, high density graphite agglomeration of graphite powders by cracking of natural gas, impervious graphites. The physical properties of these products and their reaction with various oxidising gases are described. The first irradiation results are also given. (authors) [fr

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

    Directory of Open Access Journals (Sweden)

    Tatyana Viktorovna Filonenko

    2015-09-01

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

  7. Criminal-legal prohibitions in the soviet juridical discourse

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2014-01-01

    Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

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

    Directory of Open Access Journals (Sweden)

    Bakardzhiev Ya. V.

    2015-04-01

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

  9. Lessons Learned from the Srebrenica Massacre : From UN Peacekeeping Reform to Legal Responsibility

    NARCIS (Netherlands)

    Ryngaert, C.M.J.; Schrijver, Nico

    2015-01-01

    This article introduces the special issue on Srebrenica by reflecting on how the fall of Srebrenica has served as a trigger for proposals to fundamentally transform international law, especially the law relating to international crimes, responsibility, and legal remedies for victims. It also

  10. Environmental justice and the rights of indigenous peoples: international and domestic legal perspectives

    National Research Council Canada - National Science Library

    Westra, Laura

    2008-01-01

    ... Peoples: Some Recent ATCA Jurisprudence First Nations of Canada and the Legal and Illegal Attacks on their Existence 71 103 125 PART III - JUSTIFYING GENOCIDE: PRINCIPLES AND REALITY 7 8 Genocide and Eco-crime: The Interface Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoples 163 187 PART...

  11. On fragments and geometry : The international legal order as metaphor and how it matters

    NARCIS (Netherlands)

    Rajkovic, Nikolas

    This 9, 871 word article was published in a special issue sponsored by the Institute for Global Law and Policy of the Harvard Law School. It questions how international legal theory is consumed over whether international law is “fragmenting”, yet without ever questioning where the meaning and

  12. Allocation pattern in the financing of colleges of legal and Islamic ...

    African Journals Online (AJOL)

    Makerere Journal of Higher Education ... This study investigated the allocation pattern in the financing of colleges of Legal and Islamic Studies in Nigeria with special regard to the adequacy of the funding. The sample ... The findings showed that there is general under-funding of these colleges within the period considered.

  13. Legal aspects of search and mining of nuclear ores under Brazilian law

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1980-06-01

    The legal aspects of mining in the Brazilian law its general principles, the basic concepts and rules established in the constitution of Brazil, in the mining code and in special laws are analysed. The rules for mining and usage of nuclear ores and other ores of interest to the nuclear field are emphasized. (A.L.) [pt

  14. Legal Care as Part of Health Care: The Benefits of Medical-Legal Partnership.

    Science.gov (United States)

    Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan

    2015-10-01

    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.

  15. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

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

  16. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

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

  17. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2012-01-01

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

  18. Legal origin, colonial origin and deforestation

    OpenAIRE

    Sébastien MARCHAND

    2011-01-01

    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...

  19. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

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

  20. The Legal Origins of Corporate Social Responsibility.

    OpenAIRE

    Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi

    2013-01-01

    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 ...

  1. Crime and the Legalization of Recreational Marijuana

    OpenAIRE

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

    2017-01-01

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

  2. Civil Legal Services and Medical-Legal Partnerships Needed by the Homeless Population: A National Survey.

    Science.gov (United States)

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

    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.

  3. LEGAL AND INSTITUTIONAL FRAMEWORK OF MEDIATION IN REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2014-10-01

    Full Text Available Mediation as an alternative dispute resolution enables faster, more efficient and less costly resolution of disputes in relation to the proceedings. Its operation is based on the following principles: voluntary, equality of the parties, neutrality of the mediator, exclusion of the public, efficiency of the procedure, confidentiality of information, fairness. In Macedonia the mediation as an alternative dispute resolution was introduced by the Law on Mediation in 2006. However, besides this law, the resolution of disputes by mediation is regulated by other special laws such as the Family Law Act, Consumer Law, the Juvenile Justice, Law for the peaceful resolution of labor disputes, etc.. For effective functioning of the mediation, except legal regulation of mediation, and established appropriate institutional framework is an important link for a successful mediation. The institutional framework of mediation includes: Ministry of Justice - Sector for Mediation, Board for Mediation, the Mediators Chamber of Macedonia and mediator. All the above institutions have proper function in the system of mediation and their jurisdiction is governed normative-legal. The legal and institutional framework actually consists of mediation system in the country and represent a whole.

  4. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

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

  5. Ten Guidelines for Translating Legal Texts

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2017-12-01

    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.

  6. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

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

  7. Legal training of students in medical schools

    Directory of Open Access Journals (Sweden)

    А. А. Kablukov

    2014-04-01

    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.

  8. Attitudes towards drug legalization among drug users.

    Science.gov (United States)

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

    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.

  9. Internet advertising and its legal aspects

    OpenAIRE

    Petrova, Evgeniia

    2015-01-01

    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

  10. A Little Learning Is a Dangerous Thing: Factors Influencing the Increased Identification of Special Educational Needs from the Perspective of Education Policy-Makers and School Practitioners

    Science.gov (United States)

    Graham, Linda J.

    2015-01-01

    This article considers the increased identification of special educational needs in Australia's largest education system from the perspectives of senior public servants, regional directors, principals, school counsellors, classroom teachers, support class teachers, learning support teachers, and teaching assistants (n = 30). While their…

  11. Analyzing the Factors That Can Limit the Acceptability to Introduce New Specializations in Higher Education Institutions: A Case Study of Higher Education Institutions of Southern Punjab, Pakistan

    Science.gov (United States)

    Abbas, Wasim; Ahmed, Munir; Khalid, Rizwan; Yasmeen, Tehreem

    2017-01-01

    Purpose: The purpose of this paper is to provide a comprehensive view of barriers that restrict the adoption of new specializations and courses in the higher education institutions of Southern Punjab, Pakistan. Design/methodology/approach: Quantitative methods were used to get the responses from the respondents of different institution of target…

  12. Factors Influencing the Efficacy of Free Primary Education Policy in Relation to the Enrolment of Children with Special Needs Education in West Pokot County, Kenya

    Science.gov (United States)

    Nyeris, Raymond; Koross, Benjamin Towett

    2015-01-01

    The introduction of Free Primary Education (FPE) policy in 2003 was aimed at enhancing the enrolment of all school going-age children in Kenya indiscriminately. However, significant concerns have been raised by scholars and the public over the low enrolment of children with Special Needs Education (SNE). The main objective of this study was to…

  13. Special relativity

    CERN Document Server

    Faraoni, Valerio

    2013-01-01

    This book offers an essential bridge between college-level introductions and advanced graduate-level books on special relativity. It begins at an elementary level, presenting and discussing the basic concepts normally covered in college-level works, including the Lorentz transformation. Subsequent chapters introduce the four-dimensional worldview implied by the Lorentz transformations, mixing time and space coordinates, before continuing on to the formalism of tensors, a topic usually avoided in lower-level courses. The book’s second half addresses a number of essential points, including the concept of causality; the equivalence between mass and energy, including applications; relativistic optics; and measurements and matter in Minkowski spacetime. The closing chapters focus on the energy-momentum tensor of a continuous distribution of mass-energy and its covariant conservation; angular momentum; a discussion of the scalar field of perfect fluids and the Maxwell field; and general coordinates. Every chapter...

  14. Special Offers

    CERN Multimedia

    Association du personnel

    2011-01-01

    Are you a member of the Staff Association? Did you know that as a member you can benefit from the following special offers: BCGE (Banque Cantonale de Genève): personalized banking solutions with preferential conditions.     TPG: reduced rates on annual transport passes for active and retired staff.     Aquaparc: reduced ticket prices for children and adults at this Swiss waterpark in Le Bouveret.     Walibi: reduced prices for children and adults at this French attraction park in Les Avenières.       FNAC: 5% reduction on FNAC vouchers.       For more information about all these offers, please consult our web site: http://association.web.cern.ch/association/en/OtherActivities/Offers.html

  15. Special Offers

    CERN Multimedia

    Staff Association

    2011-01-01

    Are you a member of the Staff Association? Did you know that as a member you can benefit from the following special offers: BCGE (Banque Cantonale de Genève): personalized banking solutions with preferential conditions.     TPG: reduced rates on annual transport passes for all active and retired staff.     Aquaparc: reduced ticket prices for children and adults at this Swiss waterpark in Le Bouveret.     Walibi: reduced prices for children and adults at this French attraction park in Les Avenières.       FNAC: 5% reduction on FNAC vouchers.       For more information about all these offers, please consult our web site: http://association.web.cern.ch/association/en/OtherActivities/Offers.html

  16. Special convoy

    CERN Multimedia

    TS-IC Group

    2007-01-01

    A special wide-load convoy will affect traffic between Hall 180 (Meyrin site) and Point 1 (ATLAS) on Tuesday 29 May. The following measures will be in place: Partial closure of Route Arago and Route Einstein between 9.00 a.m. and 12 midday, depending on the rate at which the convoy advances. Closure of Route Einstein between 12 and 2.00 p.m. between Building 104 and Route Veksler (see diagram). Closure of Entrance B in both directions between 12 and 2.30 p.m. Please use Entrance A. For safety reasons, cyclists and pedestrians will not be allowed to ride or walk alongside the convoy. Please comply with the instructions given by the convoy officers. TS-IC Group (tel : 160319 - 163012)

  17. Special relativity

    International Nuclear Information System (INIS)

    French, A.P.

    1982-01-01

    This book is an introduction to special relativity theory. After a discussion of the limits of Newton's mechanics and the pecularities in the propagation of light the Lorentz transformation is introduced. Then the measurement of space and time intervals in the framework of relativity theory is considered. Thereafter the addition of velocities and acceleration are considered in this framework. Then relativistic kinematics of particle interactions are described. Then the four-dimensional calculus in space-time coordinates is introduced. Finally an introduction is given to the treatment of the electromagnetic field in the framework of relativity theory. Every chapter contains exercise problems with solutions. This book is suited for all students who want to get some fundamental knowledge about relativity theory. (HSI) [de

  18. Environmental, legal and managerial aspects

    International Nuclear Information System (INIS)

    1978-09-01

    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

  19. Legal liability and workplace violence.

    Science.gov (United States)

    Brakel, S J

    1998-01-01

    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.

  20. Medical Marijuana and Marijuana Legalization.

    Science.gov (United States)

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

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

  1. Cannabis Use When it's Legal

    NARCIS (Netherlands)

    van Ours, J.C.

    2005-01-01

    This paper uses information about prime age individuals living in Amsterdam, to study whether the use of alcohol, or tobacco stimulates the use cannabis, i.e. whether alcohol or cannabis are stepping stones for cannabis.The special element of the study is that it concerns the use in an environment

  2. Overcoming the legal Iron curtain

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2013-01-01

    This chapter analyses the determinants that lead national courts across EU countriesto use the preliminary reference procedure, paying special attention to the differences andsimilarities in the use of this mechanism of judicial cooperation between the old and thenew Member States incorporated in...

  3. Legal Regulation of Adolescent Abortion.

    Science.gov (United States)

    Melton, Gary B.

    1987-01-01

    Legislators often have established special procedures for judicial or parental involvement in adolescent abortion decisions. While ostensibly protecting pregnant minors' psychological health, and increasing the competency of decision making, judicial bypass and parental notification promote neither goal. At best, they are benign but costly and…

  4. Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

    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.

  5. Legal versus illegal U.S. immigration and source country characteristics.

    Science.gov (United States)

    Bratsberg, B

    1995-01-01

    "Based on micro data from the Immigration and Naturalization Service (INS) on legal immigrants as well as on legalization applications that followed the passage of IRCA [the Immigration Reform and Control Act of 1986], this study exploits the variation in legal and illegal immigration flows across seventy source countries to examine the sensitivity of immigration flows to underlying source country characteristics. The study finds that earnings in the source country and the distance from the United States form significant deterrents of both legal and illegal immigration flows. We also find that illegal immigration is more sensitive to such factors than is legal immigration." The impact of the North American Free Trade Agreement on U.S. immigration from Mexico is also assessed. excerpt

  6. TUBERCULOSIS: MEDICO-LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Giuseppe Vetrugno

    2014-04-01

    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.

  7. Preface to Special Edition

    Directory of Open Access Journals (Sweden)

    Renee Nathanson

    2012-04-01

    Full Text Available Given that reading comprehension is at the forefront of global literacy discourse, this special edition of Per Linguam, the first number that is also published online, features a collection of articles that cover different aspects of reading comprehension and instruction, such as, strategies for comprehending texts, metacognitive awareness, the reciprocity of assessment and comprehension instruction and socio-affective factors that influence comprehension.

  8. The U.S. legalization program: a preliminary final report.

    Science.gov (United States)

    Papademetriou, D G

    1989-03-01

    The Immigration Reform and Control Act (IRCA) of 1986 made 4 types of aliens eligible to receive legalization benefits: 1) those who resided "continuously" in the US since January 1, 1982; 2) those who had worked in the US perishable-crop agriculture for 90 "man-days" in specified time periods (Special Agricultural Workers [SAWS]); 3) those who were in the US since before January 1, 1972; and 4) those classified as Cuban/Haitian entrants and who had been in the US since January 1, 1982. Estimates of the number of aliens eligible for legalization, not including SAWS, ranges from 1.834 million to 2.56 million. Estimates of undercounts of undocumented aliens are 10% for those who entered before 1975 and 37.5% for those who arrived after 1975. Other refinements in the estimates of undocumented aliens include adjustments for 1) ethnic group and location, 2) the growth of the undocumented population between the census date and the legalization eligibility date under IRCA, and 3) emigration and deportation rates. Out of the 1,581,800 applicants entered into the Immigration and Naturalization Service (INS) computers (from a total of 2.15 million applicants) as of May 20, 1988, 73.7% were Mexican nationals. Only 5 other countries contributed more than 1%: El Salvador (6.5%), Haiti (2.3%), Guatemala (2.2%), the Philippines (1%), and Colombia (1%). The Mexican percentage was unexpectedly high, perhaps because the legalization had been much more successful in the Southwest than anywhere else in the country. Reasons that Mexicans have a higher legalization participation rate than other nationalities include 1) the distant eligibility date; 2) ethnic differences among non-Mexican nationalities; 3) particularly in the northeast, fears of exposing one's illegal status to INS; 4) the difficulty of information reaching ethnic communities, 5) the reluctance of those already undergoing the naturalization process to risk the legalization process; and 6) the reluctance of employees to

  9. Legal regime of the Bering Strait and security of navigation

    Directory of Open Access Journals (Sweden)

    Aleksandr S. Skaridov

    2016-12-01

    Full Text Available Objective to establish the legal regime and security of navigation in the Bering Strait. Methods formal logical method systemic method comparative legal method statistical method. Results in the recent years specialized publications contain numerous publications on the problems of development of Arctic shipping and the future intensification of the use of the Northern Sea Route. Whatever Arctic routes may be chosen by the skippers the vessels will have to overcome the narrowness of the Bering Strait. If the existing estimates are reasonable and the navigation of the NorthWest Sea Passage will increase it is appropriate to ask whether the legal regime and security means are adapted to the possible increase of commercial shipping and military navigation. In this respect the author formulates the legal measures aimed at ensuring security in the Bering Strait area with the account of growing cargo traffic. Scientific novelty for the first time the article proves the necessity to include into the Bering Strait area the territories bounded from the north by the east and west passages formed by the Diomede Islands and continental coasts of the Russian Federation and the United States and from the south ndash by the passages between the Cape of Chukotka and Cape Sevuokuk of St. Lawrence Island Cape Sivuka and the mainland of Alaska in order to protect the sea natural landscape and to ensure the maritime safety. The opinion is substantiated about the necessity to equip the marine passages forming the waters of the Bering Strait with a security system. The proposed legal regime of ensuring the safety of navigation in the Bering Strait which includes the common navigation rules establishing the areas of the vessel traffic separation designation of areas of marine reserves and organizationallegal means for damping the dangerous situations. Practical significance the findings and conclusions of the article can be used in scientific educational and law

  10. Fatal hemorrhage from legal abortion in the United States.

    Science.gov (United States)

    Grimes, D A; Kafrissen, M E; O'Reilly, K R; Binkin, N J

    1983-11-01

    Deaths from hemorrhage associated with legal induced abortion should not occur. Yet hemorrhage was the third most frequent cause of death from legal abortion in the United States between 1972 and 1979. This study was undertaken to document the scope of the problem, to identify risk factors for fatal hemorrhage and to recommend ways of preventing these deaths. Deaths were identified through the CDC's nationwide surveillance of deaths from abortions; information on numbers and characteristics of women having legal abortions was obtained from CDC and the Alan Guttmacher Institute. Twenty-four women died from hemorrhage after legal abortion in the United States from 1972 to 1979, for a death-to-case rate of 0.3 deaths per 100,000 abortions (95 per cent confidence interval 0.2 to 0.5). Women who died from hemorrhage were significantly older than those who died from other causes (27.6 versus 24.4 years; p less than 0.05). Documented uterine perforation or rupture was far more frequent among women who died from hemorrhage than those who died from other causes (71 versus 8 per cent; p less than 0.001). Women who sustained uterine perforation or rupture were over 1,000 times more likely to die from hemorrhage than those who did not. Deaths from hemorrhage can be eliminated by preventing uterine trauma during abortion and by rapidly diagnosing and treating hemorrhage if it occurs.

  11. Legal regulators of strengthening altruism in ukrainian society

    Directory of Open Access Journals (Sweden)

    O. B. Feldman

    2015-01-01

    Full Text Available In the article the legal mechanisms of strengthening altruism in Ukrainian society are analysed. Altruism constantly develops, acquires new forms under act of public relations. In modern Ukrainian society altruism must take the special place in institutionalization of human dignity and rights and freedoms of man, become the norm of social activity. In the article there is a necessity of perfection of normatively­legal base on the basis of principle of altruism, harmonization of relations between the state and civil society in the field of the altruism directed practices. Sharp social contradictions, estrangement of man, can be overcame only through claim of initial social values on principles of idea of dignity and human rights. There must be valuable partnership of the state and eleemosynary organizations in democratic society, creating favourable terms for opening public potential and directing of altruism activity of population. The special attention must be spared to providing of rights for invalids and defencing of them from discrimination.

  12. Legal Framework for the Transport of Dangerous Goods in Kosovo

    Directory of Open Access Journals (Sweden)

    Nexhat Jashari

    2016-08-01

    Full Text Available The great importance of the legal regulation of the transport of dangerous goods pushed me to analyse issues in this paper related to the new legislation in the field of transportation of dangerous goods in Kosovo adopted after 1999.Given the fact that in Kosovo we do not have any other scientific paper which addresses legislation in the field of transport of dangerous goods, this paper presents a special contribution in addressing theoretical and scientific analysis on this issue. In this paper, a special emphasize has been given to harmonization, respectively, to the approximation of the new legislation in Kosovo with the acquis, in the field of transport of dangerous goods, as well as the aspects of direct implementation in Kosovo of EU Legislation and other international acts in this area. In the final part of this paper, as a result of scientific research, important recommendations were provided for the future inter alia present an immediate request to amend and supplement the legal framework for transportation of dangerous goods in Kosovo.

  13. Teachers' Decisions to Transfer from Special to General Education.

    Science.gov (United States)

    Billingsley, Bonnie S.; Cross, Lawrence H.

    1991-01-01

    Questionnaire responses from 286 Virginia teachers trained in special education but teaching in general education were analyzed. The primary reasons cited for leaving special education included administrative factors and stress involved in working with special education students. (Author/DB)

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

    African Journals Online (AJOL)

    Enrique

    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 ...

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

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

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

  16. Patenting Nanomedicines Legal Aspects, Intellectual Property and Grant Opportunities

    CERN Document Server

    Souto, Eliana B

    2012-01-01

    "Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focuses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions

  17. Deficiencies of regulation of euthanasia in legal acts of foreign countries

    Directory of Open Access Journals (Sweden)

    Polaks R.

    2014-01-01

    Full Text Available Today in most countries the practising of euthanasia is not permissible and as in any case of a criminal offence, which endangers the life of a person, criminal liability applies here. However, the analysis of legal norms in foreign criminal codes reveals several deficiencies, ranging from – the absence of legal regulation which leads to a paradoxical situation, when ignoring the motive and aim of the offence, euthanasia is qualified according to the article of the criminal code which provides for liability for murder with no mitigating circumstances, but assisted suicide liability does not apply at all, – to including special legal norms pertaining to this problematic issue, in the structure of criminal codes, in the disposition of which there is an absence of several mandatory constituent elements of these particular criminal offences, thus unduly extending the provision of these norms in practice also in the cases not related to “easy death”. The deficiencies of legal acts are observed also in those few countries which allow a definite form of euthanasia and its practising by means of special laws. And most importantly, foreign legislators ignore such forms of terminating the lives of incurably ill persons as active and passive non-voluntary euthanasia, which depending on the nature of the offence requires an appropriate legal framework, which so far has not been observed.

  18. Conceptual Analysis of Causation in Legal Discourse

    Czech Academy of Sciences Publication Activity Database

    Doležal, Adam; Doležal, Tomáš

    2014-01-01

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

  19. On Experiments in Empirical Legal Research

    NARCIS (Netherlands)

    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

  20. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

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

  1. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, A. (Ali); J.C. van Ours (Jan)

    2016-01-01

    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

  2. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    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, ...

  3. Southern African Development Community (SADC) trade legal ...

    African Journals Online (AJOL)

    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 ...

  4. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

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

  5. The legal personality of TNC: the issues

    Directory of Open Access Journals (Sweden)

    Suleimanov M.R.

    2017-03-01

    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.

  6. Extracting legal arguments from forensic Bayesian networks

    NARCIS (Netherlands)

    Timmer, Sjoerd; Prakken, Hendrik; Meyer, John-Jules Charles; Renooij, Silja; Verheij, Bart

    2014-01-01

    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

  7. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    : 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....

  8. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

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

  9. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

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

    2000-01-01

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

  10. Legalizing the Intolerable Is a Bad Idea.

    Science.gov (United States)

    Hawley, Richard A.

    1991-01-01

    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…

  11. Copyright, the Internet, and Other Legal Issues.

    Science.gov (United States)

    Gasaway, Laura N.

    1998-01-01

    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…

  12. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  13. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

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

  14. The internationalization of law and legal education

    CERN Document Server

    Sellers, Mortimer; Sellers, Mortimer

    2013-01-01

    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.

  15. 14 CFR 1203.100 - Legal basis.

    Science.gov (United States)

    2010-01-01

    ... 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...

  16. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

    ... 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...

  17. 16 CFR 698.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

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

  18. 16 CFR 600.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial 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...

  19. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    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 ...

  20. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    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.

  1. Powering Nigeria through renewable electricity investments: legal ...

    African Journals Online (AJOL)

    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 ...

  2. Special offers

    CERN Document Server

    Association du personnel

    2012-01-01

    Special discount to the members of the Staff Association Aquaparc Discounted prices on admission of whole day. Children from 5 to 15 years: 26.– CHF instead of 35.– CHF; Adults from 16 years: 32.– CHF instead of 43.– CHF.Tickets on sale to the Staff Association Secretariat. BCGE Account management on salary account and annual subscription to credit cards free of charge. Other benefits on mortgage loan and financial planning. Comédie de Genève 20% off on full price tickets (also available for partner): from 24 to 32 CHF a ticket instead of 30 to 40 CHF depending on the shows. Ezee Suisse 15% off on the range of electric bikes upon presentation of your Staff Association membership card before payment. FNAC 5% discount on gifts card available in four Swiss shops without any restriction. Gifts card on sale to the Staff Association Secretariat. FutureKids 15% off for the Staff Association members who enrol their children of 5 to 16 years old in ...

  3. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

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

  4. THE TRUST UNDER ROMANIAN LAW. FORM OF PATRIMONY SPLIT FOR NATURAL AND LEGAL PERSONS

    Directory of Open Access Journals (Sweden)

    Daniel Moreanu

    2015-11-01

    Full Text Available The trust represents, according to the father of English modern legal history, Frederic William Maitland, „the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence”. Its special flexibility, has transformed the trust, initially linked with the common law systems, into a legal instrument adopted and integrated, specifically during the last few years, under civil law systems with which, previously, it has been deemed to be incompatible. The objective of this study is to review to which extent the trust is present and/or may be integrated under Romanian law, considering the modernist split patrimony theory introduced by the Romanian legislation under the Civil Code, as of its October 1st, 2011, its entry into force date. The research methods that we envisage using are the following: the comparative analysis, through which we aim at reflecting the legal existence of the trust under various legal systems, specifically the common law systems, and the economic analysis within which we propose to describe the economic reasons for which the trust is so widely used in the international business arena. We assess that the importance of this study is considerably greater in the international environment of the sole European and world wide market under which the existence of legal instruments (such as the trust accessible to certain persons (natural, but more specifically legal persons and out of reach to others, confers the former with a major competitive advantage.

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

    Science.gov (United States)

    2015-03-01

    This policy statement is an update of the American Academy of Pediatrics policy statement "Legalization of Marijuana: Potential Impact on Youth," published in 2004. Pediatricians have special expertise in the care of children and adolescents and may be called on to advise legislators about the potential impact of changes in the legal status of marijuana on adolescents. Parents also may look to pediatricians for advice as they consider whether to support state-level initiatives that propose to legalize the use of marijuana for medical and nonmedical purposes or to decriminalize the possession of small amounts of marijuana. This policy statement provides the position of the American Academy of Pediatrics on the issue of marijuana legalization. The accompanying technical report reviews what is currently known about the relationships of marijuana use with health and the developing brain and the legal status of marijuana and adolescents' use of marijuana to better understand how change in legal status might influence the degree of marijuana use by adolescents in the future. Copyright © 2015 by the American Academy of Pediatrics.

  6. The Legal Regulation of Artisan and Trade Corporations in the Cities of Medieval Europe

    Directory of Open Access Journals (Sweden)

    Valentine G. Medvedev

    2015-06-01

    Full Text Available This article features an analysis of the legal regulation of the formation and activity of artisan and trade corporations in the cities of medieval Europe. Based on the findings of an analysis of existing scientific theories, as well as a study of legal and regulatory acts, the author aims to explore the issue of the emergence of cities and workshop organizations in them and reveal their legal essence and content. The relevance of this paper is due to the fact that up until now a sufficiently definitive opinion is yet to be propounded in historical and historical/legal science as to the origin and development of such specific urban institutions as workshops and workshop corporations, with their special legal regulation. The author comes to the conclusion that the formation of cities and workshop organizations reflected the evolution of the economic and social development of medieval society, which was associated with social division of labor. The paper’s major focus is not on the statutory regulation of the work of masters and not on the regulation of workshop craft methods, which can be explained quite logically by the economic need for adapting medieval artisan production to the limited needs and capacity of the local market, and which is the subject of study for the majority of present-day scholars, but issues related to the very organization of the workshop, its position in the system of urban establishments, as well as the legal status of its members.

  7. LEGAL PERSON (PERSONA FICTA AS A HOLDER OF THE HUMAN RIGHT TO PRIVACY – IN SLOVENIA AND IN SOME COMPARATIVE LEGAL SYSTEMS

    Directory of Open Access Journals (Sweden)

    Boštjan Tratar

    2017-07-01

    Full Text Available The right to privacy – representing a delimited sphere and/or space that is not public and where individuals can, without external influences, freely realize their right to form their personality – is one of the most important human rights guaranteed by democratic constitutions to individuals, i.e. natural persons who are, in principle, fundamental holders of human rights. However, at the constitutional level the question arises as to what extent human rights can be extended to legal persons, these being artificial forms created by legal order, in general (the theory of piercing the corporate veil is mentioned in this regard, and as regards the right to privacy in particular. In the article the author presents the case-law of some states on whether or not legal persons are recognized as holders of human rights to privacy and, if so, to what extent, with a special view to the decision of the Slovene Constitutional Court (decision No U-I-40/12, which, along the lines of foreign legal systems, recognizes legal persons’ privacy of communication and privacy of space, although less intensely as individuals’.

  8. Legal terms in general dictionaries of English: The civil procedure mystery

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2015-01-01

    Many general language dictionaries contain specialized terms, including legal terms relating to civil lawsuits. The existing literature provides general discussions of scientific and technical terms in ordinary dictionaries but does not specifically address the inclusion of legal terms. This study...... of the old terms but fail to include the new terms that have been in use for more than 15 years. Why this is the case is a mystery. However, some clues indicate that if they pay more attention to the link between dictionary functions, corpora and the data presented in dictionaries, lexicographers may be able...

  9. Nuclear phase-out before court. Legal protection by investment protection arbitration

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2016-01-01

    On the basis of the nuclear power phase out in Germany in 2011, three nuclear power plant operators (E.ON, RWE and Vattenfall) submitted constitutional complaints to the Federal Constitutional Court. In parallel, Vattenfall, a Swedish state-owned company, took a second legal option: An investment protection arbitration procedure against Germany was initiated on the basis of the ''Energiecharta'' contract. A negotiation took place in October 2016. Critics notice that this would provide a foreign company with a special legal action. They want to derive consequences for the content and conclusion of further trade agreements (for example, TTIP).

  10. DRONE OPERATORS – LEGAL RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2016-06-01

    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.

  11. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    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.

  12. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

    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.

  13. Sleep Forensics: a critical review of the literature and brief comments on the Brazilian legal situation

    Directory of Open Access Journals (Sweden)

    Raimundo Nonato Delgado-Rodrigues

    2014-02-01

    Full Text Available Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.

  14. Sleep Forensics: a critical review of the literature and brief comments on the Brazilian legal situation.

    Science.gov (United States)

    Delgado-Rodrigues, Raimundo Nonato; Allen, Alexander N; Santos, Leandro Galuzzi dos; Schenck, Carlos H

    2014-02-01

    Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.

  15. Social and Environmental Predictors of Alcohol-Related Legal Infractions in College Students

    Science.gov (United States)

    Juth, Vanessa; Smyth, Joshua M.; Thompson, Kevin; Nodes, Jennifer

    2010-01-01

    Research on alcohol consumption among college students is often limited by self-reported outcomes and a narrow focus of predictor factors. This study examined both traditional risk factors for alcohol use as well as broader factors (e.g., weather, seasons) in predicting objective negative outcomes of alcohol use--alcohol-related legal infractions…

  16. Sports Specialization, Part II

    Science.gov (United States)

    Myer, Gregory D.; Jayanthi, Neeru; DiFiori, John P.; Faigenbaum, Avery D.; Kiefer, Adam W.; Logerstedt, David; Micheli, Lyle J.

    2016-01-01

    Context: Many coaches, parents, and children believe that the best way to develop elite athletes is for them to participate in only 1 sport from an early age and to play it year-round. However, emerging evidence to the contrary indicates that efforts to specialize in 1 sport may reduce opportunities for all children to participate in a diverse year-round sports season and can lead to lost development of lifetime sports skills. Early sports specialization may also reduce motor skill development and ongoing participation in games and sports as a lifestyle choice. The purpose of this review is to employ the current literature to provide evidence-based alternative strategies that may help to optimize opportunities for all aspiring young athletes to maximize their health, fitness, and sports performance. Evidence Acquisition: Nonsystematic review with critical appraisal of existing literature. Study Design: Clinical review. Level of Evidence: Level 4. Conclusion: Based on the current evidence, parents and educators should help provide opportunities for free unstructured play to improve motor skill development and youth should be encouraged to participate in a variety of sports during their growing years to influence the development of diverse motor skills. For those children who do choose to specialize in a single sport, periods of intense training and specialized sport activities should be closely monitored for indicators of burnout, overuse injury, or potential decrements in performance due to overtraining. Last, the evidence indicates that all youth should be involved in periodized strength and conditioning (eg, integrative neuromuscular training) to help them prepare for the demands of competitive sport participation, and youth who specialize in a single sport should plan periods of isolated and focused integrative neuromuscular training to enhance diverse motor skill development and reduce injury risk factors. Strength of Recommendation Taxonomy (SORT): B. PMID

  17. Multiculturalism and legal plurality in Australia

    Directory of Open Access Journals (Sweden)

    Justin Dabner

    2016-12-01

    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.

  18. The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?

    Directory of Open Access Journals (Sweden)

    Haik Nikogosian

    2016-12-01

    Full Text Available Public health instruments have been under constant development and renewal for decades. International legal instruments, with their binding character and strength, have a special place in this development. The start of the 21st century saw, in particular, the birth of the first World Health Organization (WHO-era health treaties – the WHO Framework Convention on Tobacco Control (WHO FCTC and its first Protocol. The authors analyze the potential impact of these instruments on global health governance and public health, beyond the traditional view of their impact on tobacco control. Overall, the very fact that globally binding treaties in modern-era health were feasible has accelerated the debate and expectations for an expanded role of international legal regimes in public health. The impact of treaties has also been notable in global health architecture as the novel instruments required novel institutions to govern their implementation. The legal power of the WHO FCTC has enabled rapid adoption of further instruments to promote its implementation, thus, enhancing the international instrumentarium for health, and it has also prompted stronger role for national legislation on health. Notably, the Convention has elevated several traditionally challenging public health features to the level of international legal obligations. It has also revealed how the legal power of the international health instrument can be utilized in safeguarding the interests of health in the face of competing agendas and legal disputes at both the domestic and international levels. Lastly, the legal power of health instruments is associated with their potential impact not only on health but also beyond; the recently adopted Protocol to Eliminate Illicit Trade in Tobacco Products may best exemplify this matter. The first treaty experiences of the 21st century may provide important lessons for the role of legal instruments in addressing the unfolding challenges in global

  19. Preface to the special section on human factors and automation in vehicles: designing highly automated vehicles with the driver in mind.

    Science.gov (United States)

    Merat, Natasha; Lee, John D

    2012-10-01

    This special section brings together diverse research regarding driver interaction with advanced automotive technology to guide design of increasingly automated vehicles. Rapidly evolving vehicle automation will likely change cars and trucks more in the next 5 years than the preceding 50, radically redefining what it means to drive. This special section includes 10 articles from European and North American researchers reporting simulator and naturalistic driving studies. Little research has considered the consequences of fully automated driving, with most focusing on lane-keeping and speed control systems individually. The studies reveal two underlying design philosophies: automate driving versus support driving. Results of several studies, consistent with previous research in other domains, suggest that the automate philosophy can delay driver responses to incidents in which the driver has to intervene and take control from the automation. Understanding how to orchestrate the transfer or sharing of control between the system and the driver, particularly in critical incidents, emerges as a central challenge. Designers should not assume that automation can substitute seamlessly for a human driver, nor can they assume that the driver can safely accommodate the limitations of automation. Designers, policy makers, and researchers must give careful consideration to what role the person should have in highly automated vehicles and how to support the driver if the driver is to be responsible for vehicle control. As in other domains, driving safety increasingly depends on the combined performance of the human and automation, and successful designs will depend on recognizing and supporting the new roles of the driver.

  20. Nuclear terrorism and legal protection of environment

    International Nuclear Information System (INIS)

    Ahmad-zada, Z.; Aliev, D.

    2003-01-01

    Full text: For the last years the terrorism has significantly changed. If 20-30 years ago terrorists would kidnap famous politicians or hijack planes, but at this stage they switched to massive destruction of innocent people. Now the problem of struggle against nuclear terrorism becomes very actual problem. The nuclear terrorism is meant as an opportunity of accomplishment of act of terrorism with use of the nuclear weapon, or accomplishment of explosions on atomic power stations and other objects of an atomic energy. Threats to nuclear objects become more and more often and appreciable. In the world there were some similar cases of threat to nuclear objects from the part of terrorists, and also cases of use by terrorists of nuclear, chemical and bacteriological substances. These cases testify to real threat of use by terrorists of the weapon of mass destruction. It is natural, that accomplishment of acts of terrorism on these objects can lead to ecological catastrophe and can put an irreparable loss to an environment and process of social development. Up to the middle of sixtieth years of twentieth century protection of an environment was not put forward as an independent political problem, and its scientific substantiation has not been developed enough as a diversified, complex, global problem. Only dynamical development in seventieth - eightieth years of scientific bases of global problems has allowed to allocate the rules of law concerning to protection of an environment, into special group. International legal protection of ecology was precisely allocated now in system of the general international law as independent, specific sphere of regulation. The principle of inadmissibility of radioactive pollution of environment covers both military, and peace area of use of nuclear power. Formation and the statement of this special principle of International law of the Environment takes place in two ways - contractual and usual, with observance by the states of